G.R. No. L-19268; June 23, 1966
IN THE MATTER OF THE PETITION OF ONG CHUAN TO BE ADMITTED A CITIZEN OF THE PHILIPPINES. ONG CHUAN, petitioner and appellant, vs. REPUBLIC OF THE PHILIPPINES, oppositor and appellee.

FACTS

Petitioner and appellant Ong Chuan, a subject of Nationalist China, filed a petition for naturalization with the Court of First Instance of Manila. He alleged that he was born in China in 1918, arrived in the Philippines in March 1930, and had resided in Manila since then. He claimed to be a merchant with a net annual income of about P5,000.00, and asserted that he possessed all the qualifications and none of the disqualifications for Philippine citizenship under Commonwealth Act No. 473 , as amended. His petition was supported by a joint affidavit from two character witnesses, Ambrosio Villalon and Catalino Dionisio. After publication and hearing, the trial court denied his petition. The court found that the evidence did not show he had a lucrative trade, profession, or lawful occupation; that he had conducted himself in a proper and irreproachable manner during his entire residence; and that one of his character witnesses, Ambrosio Villalon, was not a credible witness. Ong Chuan appealed this decision.

ISSUE

Whether the Court of First Instance of Manila correctly denied Ong Chuan’s petition for naturalization.

RULING

The Supreme Court affirmed the decision of the Court of First Instance of Manila, denying the petition for naturalization. The Court held that the appeal was without merit. It reiterated its consistent ruling that an annual net income of P5,000.00 does not constitute a lucrative business or occupation, citing Keng Giok vs. Republic and other cases. The Court specifically noted that in this case, Ong Chuan’s own evidence showed his actual annual net incomes were approximately P5,000.00 in 1957, P1,400.00 in 1958, P2,000.00 in 1959, and P4,000.00 in 1960, which further demonstrated the lack of a lucrative income. The decision was affirmed with costs against the appellant.