G.R. No. L-19649, April 30, 1965
IN THE MATTER OF THE PETITION OF LUIS YAP FOR ADMISSION AS CITIZEN OF THE PHILIPPINES. LUIS YAP, petitioner-appellee, vs. REPUBLIC OF THE PHILIPPINES, oppositor-appellant.

FACTS

Luis Yap, a Chinese citizen born in Iloilo City on May 27, 1937, filed a petition for naturalization in the Court of First Instance of Iloilo. The evidence showed he resided in Iloilo but was employed as a teacher at the Samantabhadra Institute in Cebu City, receiving a monthly salary of P200.00 at the time of the hearing in December 1961. His salary was paid only during the ten-month school year (June 1 to March 31), resulting in an annual income of P2,000.00. He was single, owned no real property, lived with a cousin in Cebu without paying board and lodging as he tutored the cousin’s children, and had no other income. He met other statutory requirements: continuous residence in the Philippines since birth, education in a school where Philippine history and government were taught, ability to speak English and Ilongo, belief in Philippine constitutional principles, good moral character, proper conduct, no criminal record, and no disqualifications like polygamy or subversive affiliations. Two character witnesses testified to his good moral character. The lower court granted his petition, finding he possessed all qualifications and none of the disqualifications under the Naturalization Law.

ISSUE

Whether the lower court erred in finding that Luis Yap had all the qualifications for naturalization, specifically whether he had a lucrative income as required by law.

RULING

The Supreme Court reversed the decision of the lower court. It held that Luis Yap did not have a lucrative income at the time of the hearing, which disqualified him from naturalization. His annual income of P2,000.00 (or P166.00 monthly when averaged over twelve months) was deemed insufficient, considering the high cost of living and the low buying power of the Philippine currency. The Court cited precedents (Alberto Ong Lin Chuan vs. Republic and Koh Chet alias Hianchit S. Chua vs. Republic) where petitions were denied for single individuals with a P200.00 monthly salary, even with free board and lodging. The Court emphasized that the absence of opposition in the lower court did not preclude appellate review to ensure only qualified persons acquire citizenship. Since the petitioner lacked the qualification of a lucrative income, the grant of naturalization was erroneous. The other assigned errors were not discussed as the income issue was dispositive. Costs were imposed on the petitioner-appellee.