GR 19418; (December, 1964) (Digest)
G.R. No. L-19418 December 23, 1964
Ong Tai, petitioner-appellee, vs. Republic of the Philippines, oppositor-appellant.
FACTS
Petitioner Ong Tai, a citizen of the Republic of China born in 1931, arrived in the Philippines in 1938. He filed a petition for naturalization in the Court of First Instance of Manila on December 27, 1960. In his petition, he stated his present residence was 634 Carvajal St., Manila, and his former residence was 1131 Sta. Elena St., Manila. However, his immigrant certificate of residence indicated he had also resided at 509 Nueva St., Manila from 1940 to 1949, an address he omitted from his petition. Ong Tai was employed at Seng Hap Guan Grocery, with reported annual incomes (including bonus) of P3,200.00 in 1957, P3,600.00 in 1958, P3,600.00 in 1959, and P6,100.00 in 1960, averaging P4,125.00 yearly. He is married with three children. The trial court granted his petition for naturalization, prompting the government to appeal.
ISSUE
Whether the trial court erred in granting the petition for naturalization despite petitioner’s failure to disclose all former residences as required by law and his lack of a lucrative trade or occupation.
RULING
The Supreme Court reversed the decision of the trial court and denied the petition for naturalization. First, petitioner’s omission of his former residence at 509 Nueva St., Manila, from his petition constitutes a fatal violation of Section 7 of the Revised Naturalization Law, which requires disclosure of all present and former residences to facilitate investigation. This omission indicates a lack of good moral character. Second, petitioner’s average annual income of P4,125.00, supporting a wife and three children, cannot be considered lucrative given the high cost of living and the low purchasing power of the currency. His financial capacity is determined as of the filing of the petition, and subsequent alleged income increases during the appeal are speculative and immaterial.
