Chan Teck Lao vs. Republic
55 SCRA 1

FACTS: The application for naturalization of Chan Teck Lao was denied on October 31, 1949. Upon appeal, the Supreme Court on June 15, 1950, reversed this Court's decision. More than 10 years later, the Office of the Solicitor General filed the petition for the cancellation of the certificate of naturalization, raising the alleged jurisdictional question based on the subsequent Tan Ten Koc ruling 1960’s (an applicant must present positive evidence the newspaper where his petition was published was indeed of general circulation in the province where the proceeding was had) that there was no showing or proof that the Nueva Era was a newspaper of general circulation in the province of Tarlac, where the petitioner then resided.

ISSUE: Whether or not the Office of Solicitor General is correct in canceling the naturalization of Chan Teck Lao on the ground that he failed to follow the publication requirement.

HOLDING: No. The 1967 leading case of Gan Tsitung v. Republic with former Chief Justice Concepcion as spokesman for the Court, indicates clearly the merit of this appeal by petitioner Chan Teck Lao from a lower court decision promulgated in 1965 ordering the cancellation of his certificate of naturalization that dates back to 1952 as a result of 1950 decision of this Tribunal sustaining his plea to become a Filipino. Gan Tsitung, in language plain and unequivocal makes manifest that no retroactive effect is to be given a judicial pronouncement that would impose on a party proceeded against in a denaturalization proceeding a requirement not in existence at a time that his application was heard and favorably acted on. There would be manifest unfairness in setting aside a decision that had subsequently become final and did lead to the grant of the coveted boon citizenship. The decision of the lower court of January 20, 1965 ordering the cancellation of the certificate of naturalization of Chan Teck Lao as a Filipino citizen is SET ASIDE and REVERSED.

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