G.R. No. L-19637 February 26, 1965
FELIPE TOCHIP, petitioner-appellee, vs. REPUBLIC OF THE PHILIPPINES, oppositor-appellant.

FACTS

Felipe Tochip, a citizen of the Republic of China born in Catbalogan, Samar on July 25, 1938, filed a petition for naturalization. He is single, registered as an alien, finished high school at the Philippine Chinese School in Manila, and studied up to third-year mechanical engineering in Cebu. Except during the occupation and his studies in Manila and Cebu, he has continuously resided in Catbalogan. He works as a purchasing agent for the Go Bontad Agency and an underwriter for the Agricultural Surety and Insurance Company, reporting an income of P3,240.00 in 1960, from which he paid P33.48 in tax. He speaks and writes Chinese, English, and the Samar dialect. Two witnesses, Cesario Singson (a former Justice of the Peace) and Rafael Tan (an assistant property clerk), testified to his good moral character and qualifications. The Court of First Instance of Samar granted the petition subject to the two-year limitation. The Republic appealed.

ISSUE

Whether Felipe Tochip possesses the requisite qualifications, particularly a lucrative occupation and a sincere desire to embrace Filipino customs and traditions, to be granted Philippine citizenship.

RULING

The Supreme Court reversed the decision of the lower court, denying the petition for naturalization. The Court held that Tochip failed to prove he had a lucrative occupation, as his reported income of P3,240.00 in 1960 was insufficient, and his salary as an agent was only P1,800.00. His additional income from insurance underwriting was deemed speculative and precarious. Furthermore, his enrollment in a Philippine Chinese School for secondary education indicated a lack of sincere desire to embrace Filipino customs and traditions, as he could have chosen a school run by Filipino citizens to facilitate social mingling. Philippine citizenship is a privilege requiring a true and sincere desire to embrace it, which Tochip failed to demonstrate.