G.R. No. L-24782 November 17, 1967
IN THE MATTER OF THE PETITION OF SIA FAW alias SIA FOW alias GASPAR SIA to be admitted a citizen of the Philippines. SIA FAW alias SIA FOW alias GASPAR SIA, petitioner-appellee, vs. REPUBLIC OF THE PHILIPPINES, oppositor-appellant.

FACTS

Sia Faw, a citizen of the Republic of China, filed a petition for naturalization on September 15, 1961, in the Court of First Instance of Leyte. He was born in Canton, China, on November 29, 1935, arrived in the Philippines on January 27, 1939, and resided continuously in Ormoc City. He finished a Bachelor of Science in Mechanical Engineering, was single, and was employed at Walter Johnson & Co. with a salary of P250.00 a month plus free board and lodging. After trial, the court granted the petition on June 14, 1962. The Republic’s appeal was denied for being filed out of time. Two years later, on August 3, 1964, petitioner filed a motion to declare the judgment final and executory and to take his oath. After a hearing on September 1, 1964, the court issued an order granting the motion. The Solicitor General filed an opposition and a motion for rehearing, raising objections based on lack of good moral character and lucrative income. The court denied the motion for rehearing, and the Solicitor General appealed the order of September 1, 1964.

ISSUE

Whether petitioner possesses the qualifications of good moral character and a lucrative trade, profession, or lawful occupation at the time of the filing of his petition for naturalization.

RULING

The Supreme Court reversed the appealed order, denied the petition to take the oath, and consequently denied the petition for naturalization. The Court held that the State may object to a petitioner’s qualifications at the oath-taking stage. The financial capacity of an applicant is determined as of the time of the filing of the petition. Petitioner admitted that in 1961, his income did not exceed the statutory minimum (P1,800.00 annually), amounting to only P150.00 a month plus free board and lodging, for which he did not file an income tax return. Even assuming his income was P250.00 a month with free board and lodging (valued at around P50.00, totaling approximately P300.00 a month), such income was not considered lucrative for an unmarried applicant based on prevailing jurisprudence. Having found petitioner lacking the requisite lucrative income, the Court deemed it unnecessary to rule on the issue of good moral character.