Beruflich Dokumente
Kultur Dokumente
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SUPREME COURT REPORTS ANNOTATED VOLUME 328 23/01/2020, 9)30 AM
* SECOND DIVISION.
750
Same; Same; Same; Same; The reason for the rule prohibiting
the admission of evidence which has not been formally offered is to
afford the opposite party the chance to object to their admissibility.
·Petitioner claims that as a result of the failure of the State to
present and formally offer its documentary evidence before the trial
court, he was denied the right to object against their authenticity,
effectively depriving him of his fundamental right to procedural due
process. We are not persuaded. Indeed, the reason for the rule
prohibiting the admission of evidence which has not been formally
offered is to afford the opposite party the chance to object to their
admissibility. Petitioner cannot claim that he was deprived of the
right to object to the authenticity of the documents submitted to the
appellate court by the State. He could have included his objections,
as he, in fact, did, in the brief he filed with the Court of Appeals.
Same; Same; Public Documents; Where a party fails to make a
satisfactory showing of any flaw or irregularity that may cast doubt
on the authenticity of documents which have been executed under
oath, the court may rely on them.·The Court notes that these
documents·namely, the petition in SCN Case No. 031767,
petitionerÊs marriage contract, the joint affidavit executed by him
and his wife, and petitionerÊs income tax returns·are all public
documents. As such, they have been executed under oath. They are
thus reliable. Sinoe petitioner failed to make a satisfactory showing
of any flaw or irregularity that may cast doubt on the authenticity
of these documents, it is our conclusion that the appellate court did
not err in relying upon them.
Naturalization; Statutory Construction; It is settled that
naturalization laws should be rigidly enforced and strictly construed
in favor of the government and against the applicant.·The above
discussion would have been enough to dispose of this case, but to
settle all the issues raised, we shall briefly discuss the effect of
petitionerÊs failure to include the address „J.M. Basa St., Iloilo‰ in
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SUPREME COURT REPORTS ANNOTATED VOLUME 328 23/01/2020, 9)30 AM
his petition, in accordance with §7, CA. No. 473. This address
appears on petitionerÊs Immigrant Certificate of Residence, a
document which forms part of the records as Annex A of his 1989
petition for naturalization. Petitioner admits that he failed to
mention said address in his petition, but argues that since the
Immigrant Certificate of Residence containing it had been fully
published, with the petition and the other annexes, such publication
constitutes substantial compliance with §7. This is allegedly
because the publication effectively
751
MENDOZA, J.:
1
This is a petition for review of the decision of the Court of
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17. That he has heretofore made (a) petition for citizenship under
the provisions of Letter of Instruction No. 270 with the Special
Committee on Naturalization, Office of the Solicitor General,
Manila, docketed as SCN Case No. 031776, but the same was not
acted upon owing to the fact that the said Special Committee on
Naturalization was not reconstituted after the February, 1986
revolution such that processing of petitions for naturalization by
administrative process was suspended;
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753
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SUPREME COURT REPORTS ANNOTATED VOLUME 328 23/01/2020, 9)30 AM
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755
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SUPREME COURT REPORTS ANNOTATED VOLUME 328 23/01/2020, 9)30 AM
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SUPREME COURT REPORTS ANNOTATED VOLUME 328 23/01/2020, 9)30 AM
756
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17
considered by the Honorable Court in resolving the instant appeal.
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758
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759
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