GR L 6274; (February, 1954) (Digest)
G.R. No. L-6274 February 26, 1954
Domingo Tiong, petitioner-appellee, vs. Republic of the Philippines, oppositor-appellant.
FACTS
Domingo Tiong, born in Manila on July 20, 1924, to Chinese parents, filed a petition for naturalization. The Court of First Instance of Manila granted his petition. The Republic of the Philippines appealed, arguing that Tiong lacked the essential qualification of having a known lucrative trade, profession, or lawful occupation. The Solicitor General contended that Tiong merely worked as a helper in his father’s establishment without a regular salary and was supported by his parents, with whom he, his wife, and child lived. Tiong testified that he was employed in his father’s business, helping his brothers with office work, and received an annual salary of P3,000. He clarified that he did not receive regular monthly pay but could get advances when needed, and that he and his family lived with and were maintained by his parents.
ISSUE
Whether Domingo Tiong possesses a “known lucrative trade, profession or lawful occupation” as required for naturalization under Commonwealth Act No. 473 , despite receiving his annual salary of P3,000 through advances and receiving free board and lodging from his parents.
RULING
The Supreme Court affirmed the lower court’s decision, granting the petition for naturalization. The Court held that Tiong’s situation constituted a lucrative lawful occupation. The fact that he received his P3,000 annual compensation through advances rather than regular monthly pay, and that he received free board and lodging from his parents, did not disqualify him. His employment under these conditions was deemed similar to the circumstances in Lim vs. Republic (92 Phil., 522), where a son working under comparable conditions was held to have a lucrative occupation. The Court found no other valid objection to Tiong’s qualifications, noting his continuous residence in the Philippines for over twenty-seven years, his ability to speak and write English and Tagalog, his good moral character, and his fulfillment of all other statutory requirements for naturalization.