G.R. No. L-24857 February 17, 1970
IN THE MATTER OF THE PETITION TO BE ADMITTED A CITIZEN OF THE PHILIPPINES, FRANCISCO SY, petitioner-appellee, vs. REPUBLIC OF THE PHILIPPINES, oppositor-appellant.

FACTS

On May 4, 1960, Francisco Sy filed a petition for naturalization in the Court of First Instance of Manila. The Solicitor General moved to dismiss, arguing his annual income of P1,800.00 (P150.00/month) was not lucrative under the Naturalization Law. The court initially dismissed but later reconsidered and set the petition for hearing. Evidence showed Sy was born in Manila in 1936, resided in the Philippines except for a brief trip, was single, a Chinese citizen, and could speak English and Tagalog. He completed elementary at Anglo-Chinese School and high school at the University of the East. His income was P1,780.00 in 1959 and P1,827.28 in 1960, derived from employment as a salesman at a firm partly owned by his brother, where he also had a capital share. He lived with his brother who provided free board and lodging. Two witnesses vouched for his character. On March 31, 1962, the lower court granted the petition. No government appeal was taken from this decision. On April 14, 1964, Sy filed a petition to take his oath. The Solicitor General opposed, citing lack of jurisdiction due to failure to file a declaration of intention, lack of lucrative income, and non-credible character witnesses. On February 22, 1965, the lower court overruled the opposition and granted the oath-taking. The Solicitor General appealed. On February 25, 1965, before the appeal period expired, the trial judge administered the oath to Sy. The Supreme Court later issued a preliminary injunction enjoining the issuance of a certificate of naturalization and Sy from exercising citizenship rights.

ISSUE

Whether Francisco Sy possessed the qualification of a lucrative income at the time of filing his petition for naturalization.

RULING

The Supreme Court REVERSED the order allowing the oath-taking, DISMISSED the petition for naturalization, declared the oath of allegiance taken without force and effect, and made the preliminary injunction permanent. The Court held that the qualification of lucrative income is determined as of the date of filing the petition (May 4, 1960). Sy’s income for 1960 was P1,827.28, or approximately P150.00 a month. Citing previous decisions, the Court ruled that even for an unmarried applicant, P200.00 a month with free board and lodging could not be considered lucrative in 1960. Therefore, Sy lacked the required qualification. The Court also disapproved of the trial court’s precipitate administration of the oath before the expiration of the government’s appeal period, calling it highly irregular and an attempt to render the appeal nugatory.