G.R. No. L-24335 November 18, 1967
IN THE MATTER OF THE PETITION TO BE ADMITTED A CITIZEN OF THE PHILIPPINES. HO NGO, petitioner-appellant, vs. REPUBLIC OF THE PHILIPPINES, oppositor-appellee.

FACTS

On June 22, 1960, the Court of First Instance of Manila granted the petition for naturalization of Ho Ngo. On June 27, 1963, Ho Ngo filed a motion to be allowed to take his oath as a Filipino citizen. The Republic of the Philippines filed an opposition and motion to dismiss the petition. The court denied Ho Ngo’s motion in its order of December 15, 1964, prompting this appeal.

ISSUE

Whether the lower court correctly denied Ho Ngo’s motion to take his oath as a Filipino citizen due to fatal defects in his petition for naturalization and his failure to meet the requirements for naturalization.

RULING

The Supreme Court affirmed the lower court’s order denying the motion, holding it unassailable on three main grounds:
1. The petition for naturalization was fatally defective for failing to state Ho Ngo’s previous places of residence (Alabat, Tayabas; No. 139 de Febrero, Mandaluyong, Rizal; and 1240 Rizal Avenue, Caloocan, Rizal). This jurisdictional defect can be raised at any stage of the proceedings.
2. The publication of the petition omitted Ho Ngo’s aliases (“Wong Sing” and “Cheng”), which he used without judicial authority in violation of the Anti-Alias Law. This omission adversely affected the validity of the proceedings and impaired the court’s jurisdiction.
3. Ho Ngo did not have a lucrative or gainful employment. His average annual income of P8,008.03 (about P667 monthly) was insufficient to support his wife and eight children (six in school) and provide an appreciable margin for adequate support in case of unemployment, sickness, or disability. His work schedule of about 15 hours a day at two jobs risked his health, making him and his family potential public charges. His bonus income was not considered part of lucrative income as it was contingent and voluntary from the employer.