USA College of Law

Case Name 20. Chan Teck Lao vs. Republic

Topic Application for Philippine Citizenship
Case No. | Date G.R. No. L-25300 | January 4, 1974
Ponente Fernando, J.
Doctrine

RELEVANT FACTS
 Chan Teck Lao filed an application for naturalization (March 28, 1949) but was denied by the lower court
(October 25, 1949).
 He filed an appeal with the Supreme Court and the decision of the lower court was reversed (June 15, 1950).
 Twelve years later (June 16, 1962), the Office of the Solicitor General (OSG) filed a petition for the
cancellation of the certificate of naturalization, raising the alleged jurisdictional question based on the
subsequent Tan Ten Koc ruling (1964) that the applicant must present positive evidence that the newspaper
where his petition was published was of general circulation in the province he is residing.

ISSUE: W/N OSG is correct in cancelling the naturalization of Chan Teck Lao on the ground that he failed to
follow the publication requirement.
RULING The decision of the lower court ordering the cancellation of the certificate of naturalization of Chan
: Teck Lao as a Filipino citizen is SET ASIDE and REVERSED.

NOTES
 Gan Tsitung ruling (1967), in language plain and unequivocal, makes manifest that no retroactive effect is to
be given pronouncement that would impose on a party preceded against in a denaturalization proceeding a
requirement not in existence at the time that the application was heard and favorably acted upon. There
would be manifest unfairness in setting aside a decision that had subsequently become final and did lead to
the grant of coveted citizenship.
 A naturalized citizen is entitled to similar treatment as a native-born citizen except where the Charter itself
provides otherwise. If it were not so, there would be an infringement on the equal protection guarantee.
 A 1970 resolution of the SC penned by the Chief Justice in Republic vs Co Keng warned against undue
receptivity to claims by the State in denaturalization proceedings.

Prepared by:

Jared Billena, JD IB