GR L 14343; (May, 1961) (Digest)
G.R. No. L-14343; May 23, 1961
IN RE: PETITION FOR PHILIPPINE CITIZENSHIP. JEW CHONG, petitioner-appellee, vs. REPUBLIC OF THE PHILIPPINES, oppositor-appellant.
FACTS
Jew Chong, a Chinese national born in Canton, filed a petition for naturalization in the Court of First Instance of Iloilo. He arrived in the Philippines in 1921 and had resided continuously since. He married a Filipina in 1946, with whom he had six children. The children bore the surname “Chia” instead of “Jew,” which the petitioner satisfactorily explained was due to his wife’s Catholic sensibilities. He worked as an assistant manager and partner at the Dainty restaurant, receiving a monthly salary of P120 with free board and lodging, plus a share in the annual profits. The trial court found him possessed of all qualifications and none of the disqualifications under the naturalization law and granted his petition.
The Republic appealed, initially contending the petitioner failed to sufficiently prove his paternity of the six children due to the surname discrepancy. However, the Supreme Court found this point moot as the petitioner had provided a satisfactory explanation for the different surname.
ISSUE
Whether or not the petitioner possesses a “known lucrative trade, profession, or lawful occupation” as required under Section 2 of Commonwealth Act No. 473 .
RULING
No. The Supreme Court reversed the trial court’s decree and dismissed the petition. The Court focused on the statutory requirement of a lucrative income. The petitioner’s evidence showed his total monthly income, combining his P120 salary and his share of the restaurant’s annual profits, amounted to only about P129.38. The Court ruled this income was not lucrative, especially considering he had a wife and six children to support, which made his financial situation “more precarious.”
The Court applied its precedent in Lo Chicombing v. Republic, where it denied naturalization to an applicant with a P120 monthly salary, noting that applicant was single. The financial burden of supporting a large family rendered Jew Chong’s income even more insufficient to meet the “lucrative” standard. Consequently, his failure to comply with this essential qualification warranted the denial of his citizenship petition. The decree was set aside.