DECISION - page 2 of 10

Mohinder Singh, petitioner

Naturalization Case No. 02-13

REPUBLIC OF THE PHILIPPINES

REGIONAL TRIAL COURT
First Judicial Region
San Fernando City, La Union
Branch 66

IN THE MATTER OF THE

PETITION AS AMENDED,
FOR THE NATURALIZATION
AS A ACT NO. 473, OTHER WISE
FILIPINO CITIZEN UNDER KNOWN AS
COMMONWEALTH ACT NO. THE REVISED
473, OTHER WISE KNOWN AS NATURALIZATION LAW,
THE REVISED AS AMENDED,
NATURALIZATION LAW, AS
AMENDED,

MOHINDER SINGH Naturalization Case No, 02-13

Petitioner.

- Versus -

THE REPUBLIC OF THE PHILIPPINES

Represented by the OFFICE OF THE

SOLICITOR GENERAL,

Respondent.

x-------------------x

DECISION

The case before this court is a Petition for Naturalization filed by

Mohinder Singh (Mohinder), a citizen of India, praying that he be
naturalized as a Filipino citizen in accordance with the provisions of
Commonwealth Act No. 473, as amended.

During the Initial Hearing', the petition 1,va% announced in Open

Court and no private opposition was registered. Thereafter, petitioner
DECISION - page 2 of 10
Mohinder Singh, petitioner
Naturalization Case No. 02-13
presented and marked his documents to prove compliance with jurisdictional
requirements, to wit:

Exhibit "A" - Petition

Exhibit "B" - Birth Certificate of the Petitioner
Exhibit "C" - Marriage Certificate of the Petitioner
Exhibit "D" - Birth Certificate of the Spouse of the Petitioner
Exhibit "E"' - Birth Certificate of Robin Clyde
Exhibit "F" - Birth Certificate of Christine Rail
Exhibit "G" - Birth Certificate of Ria Carylle
Exhibit "H" - Certification of First Arrival from the Bureau of
Immigration
Exhibit "I" - Affdavit of Intent
Exhibit "J" - Affidavit of Edgar Yahes
Exhibit "K" - Affidavit of Florence Sison
Exhibit "L" - Affidavit of Pamela Bautista
Exhibit "M" - Appearance of the Solicitor General
Exhibit "N" - Authority of the Provincial Prosecutor
Exhibit "0" - Notice of Initial Hearing
Exhibit "P" - Sherrif Certificate of Posting
Exhibit "Q" - Affidavit of Publication
Exhibit "R" - 'Watching Eye August 3-9, 2013 issue December 3,
2014
Exhibit "S" - Watching Eye August 10-16, 2013 issue
Exhibit "T"- Watching Eye August 17-23, 2013 issue
Exhibit "U" - Official Gazette April 14, 2014 issue
Exhibit "V" - Official Gazette April 21, 2014 issue
Exhibit "W" - Official Gazette April 28_ 2014 issue

The petitioner presented five (5) witnesses to support its petition,

namely: Mylene Cariaga-Singh, Pamela Bautista, Dr. Florence V. Sison,
Edgar Yabes, and the petitioner himself: Mohinder Singh.

Mohinder testified that he possesses all of the qualifications and none

of the disqualifications for naturalization as a Filipino citizen in accordance
with the provisions of Commonwealth Act. No. 473. He stated that he is a
citizen of India, being born on April 13, 1970 at at V.P.O. DhuhraDolike,
Janandhar, Punjab, India. His parents are Kuldip Singh and Gunneet Kaur,
both citizens of India. He is married to Mylene C. Cariaga (Mylene) a
Filipino citizen on November 5, 1999 at Villasis, Pangasinan. They have
three children:(1) Robin Clyde born on September 8, 2000, (2) Cristine Raji
DECISION - page 2 of 10
Mohinder Singh, petitioner
Naturalization Case No. 02-13
born on October 20, 2004; and (3) Ria Carylle born on July 30, 2008. All
his children were born and raised in the Philippines. They are studying at
Brain and Heart of a Christian (BHC) Educational Institution in San
Fernando City, La Union.

Mohinder studied as an architectural draftsman at Melia Technical

Institute in India. When he finished school, he applied for work at Saudi
Arabia. When his contract expired, he decided to try his luck in the
Philippines. He visited Mylene, his penpal then. who was introduced to him
by Mylene's uncle when be was still in Saudi Arabia. Mohindet first arrived
in the Philippines on June 24, 1999 thru Sandia Airlines flight mother SV
862.6.

Upon arrival in the Philippines, Mohinder stayed at the house of

Mylene's relative in Tombod, Villasis, Pangasinan. After Mohinder and
Mylene got married on November 5,1999, they lived together at 185 Palma
East, Urdaneta City, Pangasinan. On November 21, 2002, they transferred
residence to 32 First Street, Gracia Village, Urdaneta City. Pangasinan, and
lived there until May 9, 2007. After which they moved to Soriano Street,
Barangay 8, Laoag City. On May 13, 2008, they decided to move to La
Union. and stayed at No. 2 Copperleaf Street. Barangay Poro, San Fernando
City, La Union. On May 8, 2013, they transferred to their present residence
at #357 Barangay Canaoay West, San Fernando City, La Union.

Mohinder first started selling goods when he arrived in the

Philippines. When Mohinder and Mylene saved enough money, they put up
Ilocandia Easy Cash and Ilocandia Fast Cash, both lending corporations in
the Philippines. He presented the following incorporation papers of
Ilocandia Easy Cash and Ilocandia Fast Cash, namely: ) Certificate Filing of
Amended Articles of Incorporation of

Birth Certificate of Mohinder Singh, Exhibit "B"

Birth Certificate of Mylerie Catiaga, Exhibit "D"
Marriage Certificate of Mohinder Singh and Mylene Cariaga, Exhibit '"C"
Birth Certificate of Robin Clyde, Exhibit "E"
Birth Certificate of Cristine Raji, Exhibit "F"
Birth Certificate of Ria Carylle, Exhibit "G"
BID certification dated March 12, 2012 (Exhibit "H") and June 23, 2015
(Exhibit "H-1")
DECISION - page 2 of 10
Mohinder Singh, petitioner
Naturalization Case No. 02-13
Ilocandia Easy Cash Corporation; (2) General Information Sheet and
Amended Articles of Incorporation of Ilocandia Easy Cash Corporation; (3)
By-Laws of Ilocandia Easy Cash Corporation; (4) Certificate of
Incorporation of Ilocandia Fash Cash Corporation; (5) General Information
Sheet and Articles of Incorporation of Ilocandia Fast Cash Corporation; and
(6) By-Laws of Ilocandia Fast Cash Corporation. Through consensus effort
and hardwork, the couple was able to buy a lot where the building of
Ilocandia Fast Cash is built at Sevilla, San Fernando City, La Union.

He is a member of the Rotary Club of San Fernando City, La Union,

Inc. He speak the language in Punjab, India, as well as English and Filipino.
Moreover, he can understand the dialects of Ilocano and Pangasinense, and
is trying to learn Ilocano. He believes he is of good moral character. He is
familiar with Filipino customs and traditions as they also have them at home.
He is not opposed to organized government, and is not affiliated with any
association or group of persons who uphold and teach doctrines opposing all
organized government. He does not teach nor defend the necessity or
propriety of violence, personal assault or assassination for the success and
predominance of ideas pertaining to opposition to organized government.

He is not a polygamist, neither does he believe in the practice of

polygamy. He has not been convicted of any crime involving moral
turpitude, as evidenced by a certification from the National Bureau of
Investigation in the Philippines showing that he has no derogatory record.

When Mohinder subjected himself for medical examination, the result

yielded that he is not suffering from any incurable contagious diseases and
that he is healthy and has not communicable or mental diseases.

There exists a law in India granting the right for Filipinos to become
naturalized Filipino citizens. This fact he knows because when he inquired at
the Indian Embassy in Manila, the consul told him that Mylene can become
an Indian citizen. However, Mohinder opted to become a Filipino. He liked
the Philippines, and has been staying in the Philippines since 1999. He
considers Philippines as his home. His family- is in the Philippines. It is
where he got married, had children, and his source of livelihood is in the
Philippines. He has also made a lot of friends and acquaintances during his
stay in the Philippines.

Due to his desire to become a Filipino citizen, he went to a lawyer and

prepared seveml documents to start his application for naturalization One of
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Mohinder Singh, petitioner
Naturalization Case No. 02-13
which is an Affidavit of Intent submitted to the Office of the Solicitor
General.

Exhibit "AA"
Exhibit "BB"
Exhibit "CC"
Exhibit "DD"
Exhibit "EE"
Exhibit "FF"
Transfer Certificate of Title No. 025-2010000027 (Exhibit "GG")
Certificate from Rotary Club of San Fernando, La Union, Inc. (Exhibit
"HH")
Exhibit "II"
Exhibit "JJ"
Exhibit "I"

The petitioner further testified that if his petition for naturalization is

granted, he undertakes to renounce absolutely and forever any and all
allegiance and fidelity to any foreign country or state, including India. He
undertakes to uphold the Philippine Constitution and laws, as well as to
continue embracing the ideals and customs of the Philippines.

The first character witness of the petitioner is Mylene Cariaga-Singh.

Mylene testified to corroborate the testimony of the Mohinder. She is a
Filipino Mylene and Mohinder got married on November 5, 1999 at Villasis,
Pangasinan, and have three children, namely Robin Clyde, Cristine Raji, Ria
Carylle. Their children are all studying at Brain and Heart of a Christian
(BHC) Educational Institution in San Fernando City, La Union. She further
testified that Mohinder is a loving and caring husband and father. Mohinder
is a good provider and takes good care of her and the children.

The second character witness of the petitioner is Pamela Bautista

(Pamela). Pamela is a Barangay Kagawad of Palina East, Urdaneta City,
Pangasinan. She testified that she knew Mohinder ever since 1999 in view of
the fact that the spouses were her next-door neighbors in Urdaneta City. She
met Mohinder in 1999 when he was still a newcomer at Barangay Tombod,
Villasis, Pangasinan. She was introduced to Mohinder by her relative,
Rolando Cariaga, who also happens to be the uncle of Mylene.
DECISION - page 2 of 10
Mohinder Singh, petitioner
Naturalization Case No. 02-13
Pamela is close to Mohinder and Mylene. They see each other often
when there are family gatherings and special occasions hosted by friends and
relatives. When the spouses still live in Urdaneta, Pamela would see them
everyday. Even when they transferred to Ilocos and La Union, Mohinder
would come every week to Urdaneta because of their business, and they
would talk. Every year, Mohinder and Mylene organize a mini Christmas
party where they invite the children in the neighborhood and feed them, and
give groceries to the families.

Another character witness in the petition is Florence Sison (Florence),

a pediatrician and resident of Camantiles, Urdaneta City. She had known the
petitioner since 1999, and is one of the godmother to Mohinder and
Mylene's eldest child. She is also the pediatrician of all their children.

Florence is very close to the petitioner's family. She sees them

regularly even when they moved from Urdaneta City to Laoag City, and
even when they are in La Union already. Mohinder frequents Urdaneta City
because of their business, and whenever he is there, Ire makes it a point to
drop by to Florence' clinic. He brings Mylene and the children there for their
regular check-ups and vaccinations.

The last character witness of the petitioner is Edgar Yabes (Edgar),

branch manager of United Coconut Planters Bank- Daman City branch, and
a resident of Pindangan Road, San Vicente, San Fernando City, La Union.
He is a good friend of Mohinder and Mylene, and had known the couple
since 1999. It was he who encouraged Mohinder to settle in La Union,
particularly in San Fernando City, Edgar's hometown.

He dealt with the spouses on a regular basis because the latter

maintained accounts at UCPB. When the petitioner's family moved to La
Union, Edgar invited him to become a member at the Rotary Club of San
Fernando City, La Union, Inc. where Edgar is also a member. He invited
Mohinder because he has known him for quite sonic time and believed that
he would be an asset to the club.

Pamela, Florence, and Edgar executed their respective affidavits

supporting Mohinder's- naturalization. All of them stated that they agreed to
act as a witness to the petition of Mohinder for free, and without reward,
favor or money. They have not been convicted or charged of any crime, as
well as perjury. They believe that Mohinder is of good moral character and
morally irreproachable.
DECISION - page 2 of 10
Mohinder Singh, petitioner
Naturalization Case No. 02-13
From the foregoing evidence presented; the petitioner has proved that
he has all the qualifications and none of the disqualifications for the
naturalization of a Filipino citizen.

Qualifications and Disqualifications

Under the CA No. 473

Under the Revised Naturalization Law (Commonwealth Act No. 473),

the qualifications of a person to become a citizen of the Philippines by
naturalization are as follows:

First. He must be not less than twenty-one years of age on the day of
the hearing of the petition;

Second., He must have resided in the Philippines for a continuous

period of not less than ten years;

Third. He must be of good moral character and believes in the

principles underlying the Philippine Constitution, and must have
conducted himself in a proper and irreproachable manner during the
entire period of his residence in The Philippines in his re4ation The
constituted government as well as with the community in which he is
living:

Fourth. 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;

Fifth. He must be able to speak and write English or Spanish and any
one of principal Philippine 'languages; and

Sixth. He must have enrolled his minor children of school age, in any
of the public schools or private schools recognized by the Office of
Private Education of the Philippines, where the Philippine history,
government and civics are thought or prescribed as part of the school
curriculum, during the entire period of the residence in the
Philippines required of him prior to the hearing of his petition for
naturalization as Philippine citizen."

The first and second requirement is undisputed. Mohinder, at the time

of hearing of the petition, is already forty-five (45) years old, and has resided
in the Philippines for more than fifteen (15) years, as he has arrived in the
Philippines on June 24, 1999 up to the present.
DECISION - page 2 of 10
Mohinder Singh, petitioner
Naturalization Case No. 02-13
With regard to the third requirement, this Court recognizes that
Mohinder is of good moral character and believes in the principles
underlying the Philippine Constitution, and has conducted in a proper and
irreproachable manner, as testified by the character Witnesses.

Pamela:
23. Question : Do you believe Mohinder to be morally
irreproachable?
Answer : Yes, I do.
24. Question : Do you think Mohinder has a good reputation?
Answer : Yes, he does. Not just here in Urclaneta but 1
also hear good things about him in La Union
because I also visit La Union frequently to see
Mylene and the kids. They are like relatives to
me."

Florence:
8. Question : During the time that you have known Mohinder,
can you state for the record if he is of good moral
character?
Answer : Yes; he is of good moral character.
9. Question : Why do you say that?
Answer : During the entire time that I have known him, he
is amiable, friendly and he is courteous and
considerate of the people around him. He works
hard to provide for his family.

22. Question :Do you believe Mohinder to be of good moral

character?
Answer : Yes, I do.
23. Question : Do you believe Mohinder to be morally
irreproachable?
Answer : Yes, I do.
24.Question : Do you think Mohinder has a good reputation?
Answer : Yes, he does. Not just here in Urdaneta but I also
hear good things about him in La Union. We see
each other in La Union as well, I participate in
medical missions and he is one of those who is
always enthusiastic to help around. 'rile has even
enlisted the help of his Rotary club to coordinate
with our medical missions."
DECISION - page 2 of 10
Mohinder Singh, petitioner
Naturalization Case No. 02-13
Edgar:
"7. Question : During the time that you have known Mohinder,
can you state for the record if he is of good moral
character?
Answer : Yes, he is of good moral character.
8. Question : Why do you say that?

TSN Mohinder Singh, July 15, 2015

Exhibit "H" and "H-1"
TSN, Pamela Bautista, March 10, 2015
TSN, Florence Sison, March 24, 2015

Answer : He is a good person, from the time that I met him

up to the present, he has always maintained a good
reputation not just with his friends but also with
people he does business with.
19. Question : Do you believe Mohinder to be morally
irreproachable?
Answer : Yes, I do.
24. Question : Do you think Mohinder has a good reputation?
Answer : Yes, he does. As l said a while ago, he is a good
person, that is one of the main reason why I invited
him for membership at the Rotary Club. As a
matter of fact, I was one of those who sponsored
his entry to our Rotary Club, and since becoming a
member at our Rotary Club he has been very
active. He is going to be our incoming president in
the club, and he will assume the position in the
middle of this year.

Anent the fourth requirement, the petitioner has always been an

entrepreneur. He started selling goods when he arrived in the country. From
the savings, the spouses put up Ilocandia. Fast. Cash. Inc. and Ilocandia Easy
Cash. Inc., both lending companies duly incorporated in the Philippines.
Also, with the businesses earnings, the spouses have bought a property in
Sevilla, San Fernando City, La. Union wherein the building of Ilocandia Fast
Cash is located. They also have a. salon and a. gym).

As regards the fifth requirement, Mohinder testified that he can speak

the language in Punjab, India, as well as English and Filipino. He can also
understand Ilocano and Pangasinense, and is trying to learn Ilocano. This
DECISION - page 2 of 10
Mohinder Singh, petitioner
Naturalization Case No. 02-13
fact was further strengthened by the statements of the character witnesses
that they speak to him in English and Filipino, as well as Ilocano sometimes.

Finally, with regard to the sixth requirement, Mohinder testified, and

corroborated by Mylene, that all their children are studying at Brain and
Heart of a. Christian (BHC) Educational Institution. Said school is an
educational institution duly organized and existing under the Philippine
Laws and is duly authorized and recognized by the Department of Education
to operate under government recognition.

Hence, Mohinder possesses all the qualifications for a person to

become a citizen of the Philippines by naturalization.

CA No. 473 also enumerates those who are disqualified to be

naturalized as to
"a. Persons opposed to organized government or affiliated with any
association or group of persons who uphold and teach doctrines opposing all
organized governments; b. persons defending or teaching the necessity or
propriety of violence, personal assault, or assassination for the success and
predominance of their ideas; c. Polygamists or believers in the practice of
polygamy;

TSN, Edgar Yates, May 20, 2015

Supra at 26

d. Persons convicted of crimes involving moral turpitude;

e. Persons suffering from mental alienation or incurable contagious
diseases;
f. Persons who, during the period of their residence in the Philippines,
have not mingled sociality with The Filipinos, or who have not
evinced a sincere desire to learn and embrace the customs, traditions,
and ideals of the Filipinos;
g. Citizen or subjects of nations with whom the United States and the
Philippines are at war, during the period of such war;
h. Citizens or subjects of a %reign country other than the United
States whose laws do not grant Filipinos the right to become
naturalized citizens or subjects thereof.

Petitioner has showed, through his testimony and that of the character
witnesses, that lie has none of the disqualification that the law provides.
DECISION - page 2 of 10
Mohinder Singh, petitioner
Naturalization Case No. 02-13

Mohinder is not opposed to organized government or affiliated with

any association or group of persons who uphold and teach doctrines
opposing all organized governments. When asked if to their knowledge,
Mohinder is opposed to organized govemuient, the following character
witnesses have these to say:

Pamela:"No, he is not because I know him to be a law abiding citizen,

he respects laws and even ordinances in the barangay, he is
no careful not to do anything that violates the laws, and that
may put him to prison. He tells me that honor and a good
reputation is very important to him."

Florence: "No, he is not., he is a peaceful person and he does not like

conflict.
He is not predisposed to fights or conflict, he has
"pakikisama"."

Edgar: "No he is not, he is a peaceful person and he does not like

conflict.

H e does not teach or defend the necessity or propriety of violence,

personal assault or assassination for the success and predominance of their
ideas. The witnesses vouched that Mohinder is a peaceful person and does
not like conflict.

Moreover. Mohinder is not a polygamist nor a believer in polygamy.

He is a family person and is loyal to his wife. As Pamela testified,
"Mohinder is fiercely loyal to his wife Mvlene. He said family first, then
their work and business. He values honor and good reputation. He is looked
up to in our community, the people in our barangay, the neighbors they
respect him."

Furthermore, Mohinder is not convicted of crimes involving moral

turpitude, as shown by a certification from the National Bureau of
Investigation that he has no derogatory records. And, he is not suffering
from mental alienation or incurable contagious diseases, as shown by the
Medical Examination for Foreigners issued by the Bureau of Quarantine.
DECISION - page 2 of 10
Mohinder Singh, petitioner
Naturalization Case No. 02-13

Supra at 26
Supra at 27
Supra at 28

DECISION - page 9 of 10
Mohinder Singh, petitioner
Naturalization Case No. 02-13

Mohinder is socially active in the community. He is an active member

of the Rotary Club of San Fernando (LU), Inc. since April 12, 2011.33
Every year, he and Mylene organizes a mini Chirstmas party where they
invite the children in the neighborhood and feed them and give groceries as
gilts to the families.34 He has adapted to Filipino customs, food, occasions
and things like that's Furthermore, as testified by Pamela, "He knows how
to be with us, he has even adjusted to Filipino customs and culture.",
referring to Mohinder.36 Also, Edgar described Mohinder as, "While he is
not a Filipino citizen, he has made the Philippines his home and has grown.
accustomed to the country, to the culture, so much so that he already made
the Philippines his second home."
Moreover. India, the country where Mohinder came from is not at war
with the Philippines and the United States. Also, India grants Filipinos the
right to become naturalized citizens, as testified by Mohinder:

"56. Question : Do the laws of India grant the right for Filipinos
to become
naturalized Filipino citizens?
Answer : Yes

57. Question : Why do you say that ?

Answer : I once inquired at the Indian Embassy in Manila
and I was
told by the consul that Mylene can become one.
But I
decided to follow Mylene's citizenship instead.

Credibility of Character Witnesses

DECISION - page 2 of 10
Mohinder Singh, petitioner
Naturalization Case No. 02-13
With regard to the character witnesses, the Supreme Court held that
vouching witnesses stand as insurers of the applicant's conduct and
character, as such they are expected to testify on specific facts and events
justifying the inference that applicant as personally known to them possess
all the qualifications and none of the disqualifications provided by law.39
Moreover, as to the credibility of the character witnesses, the Supreme
Court states that:

"In naturalization proceedings, it is the burden of the applicant to

prove not only his own good moral character but also the good moral
character of his/her witnesses, who must be credible persons. Within the
purview of the naturalization, a credible person is not only an individual
who has not been previously convicted of a crime, who is not a police
character and has no police record; who has not perjured in the past; or
whose affidavit or testimony is not incredible. What must be credible is not
The declaration made lout the person making it. This implies that such
person must have a good standing in the community that he is known to be
honest and upright; that he is reputed to be trustworthy and reliable; and

Exhibit "HH"
Supra at 26
Supra at 27
Supra at 26
Supra at 28
Supra at 24
G.R. No. 168877, Republic of the Philippines vs. Michael A. Hong, March
24, 2006
DECISION - page 2 of 10
Mohinder Singh, petitioner
Naturalization Case No. 02-13
DECISION - page 10 of 10
Mohinder Singh, petitioner
Naturalization Case No. 02-13

that his word may be taken on its face value, as a good warranty of the
applicant's worthiness."

In this instant petition, the character witnesses are credible. They

personally know Mohinder since 1999 and have been close to him and his
family up to the present. They testified that they have not been convicted or
charged of any crime, as well as perjury. All of them have good standing in
the community. Pamela is a barangay councilor of Palina East, Urdaneta
City; Florence is a pediatrician by profession; and Edgar is a bank manager
of UCPB Dagupan City branch.

IN VIEW OF ALL THE FOREGOING, the Court believes and so

holds that the petitioner Mohinder Singh has complied with all the
requirements to become a Filipino citizen possessing all the qualifications
and none of the disqualifications pm tided for by law.

Upon the expiration of the two-year period' provided for by Section 1,

Republic Act No. 530, petitioner is allowed to become a naturalized citizen
of the Philippines, after submission of satisfactory proof that during the
intervening time petitioner has not left the Philippines, has dedicated himself
continuously to a lawful calling or profession, has not been convicted of any
offense or violation of government promulgated rules, or committed any act
prejudicial to the interest of the nation or contrary to any government
announced policies.

SO ORDERED.

ISSUED INN CHAMBERS, this 30th day of March 2016 in San Fernando
City, La Union.

VICTOR O.
CONCEPCION
Presiding Judge
DECISION - page 2 of 10
Mohinder Singh, petitioner
Naturalization Case No. 02-13