GR L 20208; (June, 1965) (Digest)
G.R. No. L-20208 June 30, 1965.
IN THE MATTER OF THE PETITION FOR ADMISSION AS CITIZEN OF THE PHILIPPINES. ANTONIO UY, petitioner-appellee, vs. REPUBLIC OF THE PHILIPPINES, oppositor-appellant.
FACTS
Antonio Uy, born in Cabalia-an, Leyte on June 12, 1937, to Chinese parents, petitioned for naturalization as a Filipino citizen. He presented evidence that he was single, had no tax obligations, spoke and wrote English, Cebuano, and Visayan, had no criminal record, suffered from no incurable contagious disease, and worked as a traveling salesman for Glory Commercial Co. with a stated income. The Court of First Instance of Cebu granted his petition. The Republic of the Philippines appealed the decision.
ISSUE
The primary issues were: (1) whether the petitioner proved he had a lucrative income as required for naturalization, and (2) whether the petitioner’s failure to allege all his former places of residence in his petition rendered it fatally defective.
RULING
The Supreme Court reversed the lower court’s decision and dismissed the petition for naturalization.
1. On the issue of lucrative income: The Court held that the petitioner failed to prove a lucrative income. While his petition stated an annual income of P6,600, his income tax returns showed his actual salary was P2,400 for 1959, P2,975 for 1960, and P3,600 (P300/month) for 1961. The Court ruled that bonuses, which fluctuated based on company profits, should not be considered in determining the lucrativeness of income. Considering the high cost of living and the low purchasing power of the peso, and with no showing that he received free board and lodging, his income was not deemed lucrative.
2. On the issue of stating former residences: The Court held that the petitioner violated Section 7 of the Revised Naturalization Law, which requires the petition to set forth all former places of residence. The evidence showed he resided in Tagbilaran, Bohol, and several different streets in Cebu City before the war, but his petition only stated his former residence as Cabalia-an, Leyte. This failure rendered the petition incomplete and fatally defective, as it hinders the proper investigation of the petitioner’s qualifications and moral character.