G.R. No.
211118
March 21, 2018 - IN THE MATTER OF THE PETITION FOR ADMISSION TO CITIZENSHIP OF
MANISH C. MAHTANI, MANISH C. MAHTANI, Petitioner, v. REPUBLIC OF THE PHILIPPINES,
FINAL JUDGEMENT
The Petition for Naturalization of Manish C. Mahtani is
DENIED for failure to comply with Section 2, Paragraph 4,
of Commonwealth Act No. 473, as amended.
SO ORDERED.
Leonardo-De Castro,*Leonen,** and Reyes, Jr.,***JJ., concur.
Sereno, C.J., on leave.
• IN THE MATTER OF THE PETITION FOR ADMISSION TO CITIZENSHIP OF MANISH C.
MAHTANI, MANISH C. MAHTANI, Petitioner, v. REPUBLIC OF THE
PHILIPPINES, Respondent.
FACTS
i.
His present address is 224 San Jose St., Ayala Alabang Village,
Muntinlupa City and he transferred thereat on (sic) November
2007;
• IN THE MATTER OF THE PETITION FOR ADMISSION TO CITIZENSHIP OF MANISH C.
MAHTANI, MANISH C. MAHTANI, Petitioner, v. REPUBLIC OF THE
PHILIPPINES, Respondent.
ii.
He previously resided at
(i) 1582 Cypress Street, Dasmariñas Village, Makati City
(ii)1614 Cypress Street, Dasmariñas Village, Makati City;
(iii) 1626 Cypress Street, Dasmariñas Village, Makati City;
(iv) 2402 Mabolo Street, Dasmariñas Village, Makati City;
(v) 15C South, Pacific Plaza Tower, Fort Bonifacio, Taguig City;
and
(vi) 20C Lawton Tower, Essensa Condominium, 21st Drive corner
5th Avenue, Fort Bonifacio, Taguig City;
• IN THE MATTER OF THE PETITION FOR ADMISSION TO CITIZENSHIP OF MANISH C.
MAHTANI, MANISH C. MAHTANI, Petitioner, v. REPUBLIC OF THE
PHILIPPINES, Respondent.
iii.
He was born on 4 August 1970 in Bombay, Republic of India.
He is currently a citizen of the Republic of India;
iv.
He is married to Anna (Ana) Patricia Celdran-Mahtani with
whom he has (3) children
• IN THE MATTER OF THE PETITION FOR ADMISSION TO CITIZENSHIP OF MANISH C.
MAHTANI, MANISH C. MAHTANI, Petitioner, v. REPUBLIC OF THE
PHILIPPINES, Respondent.
v.
His child, Adriana Ysabel, currently studies at Rosemont School,
which is an extension of Woodrose School, a school recognized by
the Department of Education, Culture, and Sports. His other two
(2) daughters, Amala Mireya and Anisha Solana, are not yet of
school age;
• IN THE MATTER OF THE PETITION FOR ADMISSION TO CITIZENSHIP OF MANISH C.
MAHTANI, MANISH C. MAHTANI, Petitioner, v. REPUBLIC OF THE
PHILIPPINES, Respondent.
vi.
He first arrived in the Philippines with his mother, Vandana
Chandru Mahtani, on 21 May 1971 on board Philippine Airlines
Flight No. PR 307 when he was nine (9) months old. He
returned to India shortly thereafter and pursued his studies
there. He would, however, visit the Philippines every so often;
• IN THE MATTER OF THE PETITION FOR ADMISSION TO CITIZENSHIP OF MANISH C.
MAHTANI, MANISH C. MAHTANI, Petitioner, v. REPUBLIC OF THE
PHILIPPINES, Respondent.
vii.
He has continuously resided in the Philippines for more than
fifteen (15) years since 21 August 1992 – the date when he
arrived to establish his permanent residence in the Philippines;
viii.
He is of good moral character and believes in the principles
underlying the Philippine Constitution;
• IN THE MATTER OF THE PETITION FOR ADMISSION TO CITIZENSHIP OF MANISH C.
MAHTANI, MANISH C. MAHTANI, Petitioner, v. REPUBLIC OF THE
PHILIPPINES, Respondent.
ix.
He has conducted himself in a proper and irreproachable
manner during the entire period of his residence in the
Philippines in his relation with the constituted government as
well as the community in which he lives in;
• IN THE MATTER OF THE PETITION FOR ADMISSION TO CITIZENSHIP OF MANISH C.
MAHTANI, MANISH C. MAHTANI, Petitioner, v. REPUBLIC OF THE
PHILIPPINES, Respondent.
x.
He is engaged in a lawful lucrative occupation. He is currently
the Vice-President for Operations of Sprint International, Inc.,
which is the importer, manufacturer, and exclusive distributor
of Speedo swimwear and athletic gear in the Philippines;
• IN THE MATTER OF THE PETITION FOR ADMISSION TO CITIZENSHIP OF MANISH C.
MAHTANI, MANISH C. MAHTANI, Petitioner, v. REPUBLIC OF THE
PHILIPPINES, Respondent.
xi.
He speaks and writes fluent English and Filipino;
xii.
He is not opposed to organized government or affiliated with
any association or group of persons who uphold and teach
doctrines opposing all organized governments;
• IN THE MATTER OF THE PETITION FOR ADMISSION TO CITIZENSHIP OF MANISH C.
MAHTANI, MANISH C. MAHTANI, Petitioner, v. REPUBLIC OF THE
PHILIPPINES, Respondent.
xiii.
He neither defends nor teaches the necessity or propriety of
violence, personal assault, or assassination for the success and
predominance of one's ideas;
xiv.
He is not a polygamist or a believer in the practice of polygamy;
• IN THE MATTER OF THE PETITION FOR ADMISSION TO CITIZENSHIP OF MANISH C.
MAHTANI, MANISH C. MAHTANI, Petitioner, v. REPUBLIC OF THE
PHILIPPINES, Respondent.
xv.
He has not been convicted of a crime involving moral turpitude,
or any other crime for that matter;
xvi.
He is not suffering from mental alienation or incurable contagious
diseases;
• IN THE MATTER OF THE PETITION FOR ADMISSION TO CITIZENSHIP OF MANISH C.
MAHTANI, MANISH C. MAHTANI, Petitioner, v. REPUBLIC OF THE
PHILIPPINES, Respondent.
xvii.
He has done his best, during the period of his residence in the
Philippines, to mingle socially with Filipinos, and to evince a
sincere desire to learn and embrace the customs, traditions
and ideals of Filipinos;
• IN THE MATTER OF THE PETITION FOR ADMISSION TO CITIZENSHIP OF MANISH C.
MAHTANI, MANISH C. MAHTANI, Petitioner, v. REPUBLIC OF THE
PHILIPPINES, Respondent.
xviii.
He is a citizen of the Republic of India, which is not at war with
the Philippines and whose laws grant Filipinos the right to
become naturalized citizens or subjects thereof;
• IN THE MATTER OF THE PETITION FOR ADMISSION TO CITIZENSHIP OF MANISH C.
MAHTANI, MANISH C. MAHTANI, Petitioner, v. REPUBLIC OF THE
PHILIPPINES, Respondent.
xix.
He is currently a holder of a Special Resident Retiree's Visa No.
887 issued by the Philippine Retirement Authority (PRA). By
virtue of Executive Order No. 1037 and its implementing rules
and regulations, he is exempted from securing an Alien
Certificate of Registration or any other registration required
from aliens by the Board of Investments (BOI);
• IN THE MATTER OF THE PETITION FOR ADMISSION TO CITIZENSHIP OF MANISH C.
MAHTANI, MANISH C. MAHTANI, Petitioner, v. REPUBLIC OF THE
PHILIPPINES, Respondent.
xx.
It is his intention in good faith to become a citizen of the
Philippines and to renounce absolutely and forever all
allegiance and fidelity to any foreign prince, potentate, state or
sovereignty, and particularly to the Republic of India of which
he is a citizen at this time; and
• IN THE MATTER OF THE PETITION FOR ADMISSION TO CITIZENSHIP OF MANISH C.
MAHTANI, MANISH C. MAHTANI, Petitioner, v. REPUBLIC OF THE
PHILIPPINES, Respondent.
xxi.
He will continue to reside in the Philippines from the date of the
filing of his petition up to the time of his admission to Philippine
citizenship.
• IN THE MATTER OF THE PETITION FOR ADMISSION TO CITIZENSHIP OF MANISH C.
MAHTANI, MANISH C. MAHTANI, Petitioner, v. REPUBLIC OF THE
PHILIPPINES, Respondent.
In a Decision7 dated April 26, 2011, the RTC of Pasig City, Branch 153,
GRANTED the petition.
According to the RTC, it appears that Mahtani has all the qualifications and
none of the disqualifications required under the law to become a naturalized
Filipino citizen.
The RTC disposed, thus:
WHEREFORE, finding the Petition for Admission To Philippine Citizenship to be
meritorious, the same is hereby GRANTED. [MAHTANI] is hereby admitted as
a Filipino citizen.
Pursuant to Commonwealth Act No. 473, as amended, [MAHTANI] shall be allowed to take
his oath of allegiance two (2) years after this Decision shall have become final and
executory, and after the finding of this Court, upon due hearing, with Notice to the Office of
the Solicitor General that, during the intervening time: (1) the petitioner has not left the
Philippines; (2) has dedicated himself continuously to a lawful calling or profession; (3) has
not been convicted of any offense or violation of government promulgated rules; or (4)
committed any act prejudicial to the interest of the nation or contrary to any government
policies.
On appeal, the Republic of the Philippines (the Republic),
through the OSG
faulted the RTC for granting the petition despite Mahtani's failure to prove that he has a
lucrative trade, profession, or occupation. Also, the Republic averred that Mahtani
failed to present credible persons as character witnesses.
the Republic averred that Mahtani failed to present evidence that he has been paying taxes to the
government, which is not only related to the requirement of having a lucrative occupation but also to the
requirement of conducting himself in a proper and irreproachable manner during the entire period of his
residence in the Philippines, citing Co v. Republic of the Philippines 11 wherein the Court pronounced
that failure to file an income tax return (ITR) is an indication that the petitioner has not
conducted himself properly in relation with the government.
WHEREFORE, the appeal is GRANTED. The Decision dated April 26,
2011 of the [RTC], Branch 153, Pasig City, is REVERSED and SET
ASIDE. Accordingly, Naturalization Case No. 847-TG is DISMISSED.
On Motion for Reconsideration with Motion to Take Judicial Notice, Mahtani
insisted that the law does not require a "lawful occupation" to be "lucrative"
under the principles of statutory construction.
In this motion, Mahtani also argued that there is no provision in the law that
requires an applicant for naturalization to present proof that he has made his
tax payments.
The CA, however, denied Mahtani's motion for reconsideration, finding no compelling
reasons or substantial arguments to reconsider its August 1, 2013 Decision, thus:
WHEREFORE, the Motion for Reconsideration (with
Motion to Take Judicial Notice) is DENIED.
CONCLUSION
The case of Manish C. Mahtani petition for certiorari under the rule 455 rules of
court assails the decision dated august 1 2013 and resolution dated January
28,2014 of the court of appeals, which reversed and set aside the decision dated
April 26,2011 of the regional trial court of Pasig city.
The Court of Appeals found out that Mahtani failed to prove an essential
qualification, that he has a lucrative occupation and that there is no showing that
he paid taxes due to the government whereas the appeal granted by the RTC is
reversed and set aside , naturalization case No.847-TG is dismissed according to
ruling so ordered.
On Motion of Consideration with motion to take judicial notice, the petitioner
insisted that the law does not require a “lawful” occupation to be “lucrative”
under the principles of statutory construction.
As the petitioner filed a Motion for Reconsideration, the court of appeals also
denied due to the finding no compelling reason or substantial arguments to
consider.
The concept of a lucrative trade, profession, or lawful occupation in the
contemplation of law speaks of adequacy and sustainability. A careful review of the
records available in this case constrains Us to sustain the CA's ruling that Mahtani
has not proven his possession of a known lucrative trade, profession, or lawful
occupation to qualify for naturalization.
In Conclusion the petition is DENIED.
The Decision dated August 1, 2013 and Resolution dated January 28, 2014 of the Court of
Appeals. The Petition for Naturalization of Manish C. Mahtani is DENIED for failure to comply
with Section 2, Paragraph 4, of Commonwealth Act No. 473, as amended.
LAWS APPLIED
RULE 45 OF THE RULES OF COURT – CIVIL PROCEDURE
• Appeal by Certiorari to the Supreme Court
• Petition for certiorari under rule 45 of the rules of the court
seeking to reverse and set aside the decision dated April 26, 2011
of the Regional Trial Court (RTC) of Pasig City, Branch 153 in
Naturalization Case No. 847-TG
COMMONWEALTH
(Revised Naturalization Law)
ACT No. 473
• MANISH C. MAHTANI filed a petition under COMMONWEALTH ACT
No. 473 (Revised Naturalization Law) for admission to citizenship.
• RTC of Pasig City Branch 153’s decision dated April 26, 2011,
MAHTANI was granted for Admission To Philippine Citizenship.
According to the RTC, it appears that Mahtani has all the qualifications
and none of the disqualifications required under the law to become a
naturalized Filipino citizen.
COMMONWEALTH
(Revised Naturalization Law)
ACT No. 473
• However, Court of Appeals’ decision dated August 1, 2013 reversed the
RTC ruling, finding that Mahtani failed to prove an essential qualification,
i.e., that he has a lucrative occupation and that there is no showing that
he paid taxes due to the government, under COMMONWEALTH ACT No.
473.
• The Petition for Naturalization of Manish C. Mahtani is DENIED for failure to
comply with Section 2, Paragraph 4, of Commonwealth Act No. 473
(He must own real estate in the Philippines worth not less than five thousand pesos,
Philippine currency, or must have some known lucrative trade, profession, or lawful
occupation)
LESSONS
There are three lessons to be learned from the “Petition for Admission to
Citizenship of Manish C. Matani”, those are:
(1) In dealing with a dilemma, especially with the Republic of the Philippines dealt with
the petition, or in any organization that deals with requirements, the person must
follow and complete the mentioned requirements in order to fulfill the necessities,
because the requirements are needed for the qualification to assert compliance.
(2) Provide enough evidence and supporting details to avoid further problems mishaps.
Get as much help from people you have connections, and comply for what is being
required, especially from the stated dilemma of Manish C. Matani.
(3)And lastly, from what Manish C. Matani showed to the authority and to the people,
continue to push and fight for what you need. Perseverance and good moral character
are keys to achieve missions and goals in life. Find ways to continually break the
barriers that is coming towards you. And above all, do not lose respect to the people
who have higher position than you.
G.R. No.
211118
March 21, 2018 - IN THE MATTER OF THE PETITION FOR ADMISSION TO CITIZENSHIP OF
MANISH C. MAHTANI, MANISH C. MAHTANI, Petitioner, v. REPUBLIC OF THE PHILIPPINES,
PRESENTED BY :
CARTERA ,MIGUEL HERMOSA, EDSON
GAHOY, VRYAN LUIS HERVOSA, ALEX ANGELO
GUTIERREZ, RAPHAEL INGENTE, MATTHEWJOSEPHCAESAR
BSIT 1-3
