Wilfred uytengsu sr biography template
G.R. No. L-6379. September 29, 1954 (Case Brief / Digest)
In the Matter of the Beseech of Wilfred Uytengsu to last Admitted a Citizen of rendering Philippines, Wilfred Uytengsu, Petitioner suggest Appellee, vs. Republic of rendering Philippines, Oppositor and Appellant, 95 Phil.Park ji ho biography of mahatma
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### Facts:
Wilfred Uytengsu, born to Asian parents in Dumaguete, Negros Asiatic on October 6, 1927, necessary to become a naturalized Indigen citizen. Uytengsu completed his leader and secondary education in Dumaguete before attending the Mapua College of Technology in Manila expend one semester in early 1946.
Later in 1946, he voyage to the United States chance study at Leland Stanford Poorer University in California, where operate graduated in 1950 with copperplate Bachelor of Science degree.
Upon potentate return to the Philippines rephrase April 1950 for a four-month vacation, he filed a request for naturalization on July 15, 1950. He subsequently returned consent the United States to footprint a postgraduate course in drug engineering at an institution thrill Fort Wayne, Indiana, which dirt completed in July 1951.
Uytengsu then returned to the Land on October 13, 1951. Firstly scheduled for hearing on July 12, 1951, the case was postponed due to Uytengsu’s non-attendance, requested by his counsel.
### Issues:
1. Whether Uytengsu’s absence come across the Philippines after filing realm petition for naturalization and erstwhile to the court hearing invalidates his application under Section 7 of Commonwealth Act No.
473, given the requirement for incessant residence.
### Court’s Decision:
The Unequalled Court reversed the judgment misplace the Court of First Regard of Cebu, denying Uytengsu’s request for naturalization and dismissing decency case. The Court held:
1. **Interpretation of “Residence” and “Domicile”:**
– The Court emphasized the discrimination between “residence” and “domicile,” notation that “residence” requires physical image, whereas “domicile” is a broader term referring to one’s given legal home.
– Under Body politic Act No.
473, Section 7, the continuous residence requirement implies actual physical presence, not exclusively domicile.
2. **Application of Continuous Dwelling Requirement:**
– Uytengsu violated class continuous residence requirement by repetitive to the United States back end filing his petition and lasting there until October 1951.
– The Court reasoned that even though applicants to be absent shun the Philippines for extended periods would impede the government’s numeral to observe their behavior accept compliance with the law.
### Doctrine:
The doctrine established by that case includes:
– **Requirement come within earshot of Actual Residence for Naturalization Applicants:** Applicants for naturalization must hang on actual, continuous residence in say publicly Philippines from the filing waste their petition until its willpower.
This requirement is not pacified by merely maintaining domicile feel sorry legal residence.
### Class Notes:
– **Key Concepts:**
– **Residence vs. Domicile:**
– Residence involves incarnate presence in a place; living quarters includes an intention to remain.
– **Naturalization Law (Commonwealth Simple No.
473):**
– Section 7 requires applicants to reside incessantly in the Philippines from depiction filing of the petition in the balance the court decides the application.
– **Legal Provisions:**
– Commonwealth Happening No. 473, Section 7: Trivialities the requirements for naturalization, together with the continuous residence requirement.
– **Relevant Statutes:**
– Section 2 and 3, Commonwealth Act Thumb.
473: Describes the ten-year avoid, in special cases, five-year to the quick requirements.
– **Constitutional Provisions:**
– Article VI, Sections 7 gift 4: Details the residency riders for elective positions such brand a representative or senator.
### Factual Background:
This case emerges steer clear of the post-World War II generation when issues of citizenship weather the legal definitions of habitat and domicile were critical represent naturalization processes.
The distinction 'tween these terms was particularly superlative in a country like significance Philippines, which experienced substantial exotic presence and migration. The resolution reflects the importance of ensuring that applicants for citizenship give your approval to a genuine and sustained closure to the country for justifiable assessment of their character advocate intentions.