G.R. No. L-19845; February 26, 1965
IN THE MATTER OF THE PETITION FOR PHILIPPINE CITIZENSHIP. NESTORA EUFRACIA SONG SIONG HAY UY, petitioner-appellee, vs. REPUBLIC OF THE PHILIPPINES, oppositor-appellant.

FACTS

Petitioner-appellee Nestora Eufracia Song Siong Hay Uy filed an application for naturalization before the Court of First Instance of Misamis Occidental. The court granted her petition. The Republic of the Philippines, through the Solicitor General, appealed the decision. Among the grounds for appeal, the Supreme Court found it necessary to address only one issue for the disposition of the case.

ISSUE

Whether or not the petitioner may be considered as having a lucrative trade or occupation as required for naturalization.

RULING

The Supreme Court reversed the decision of the lower court and dismissed the petition for naturalization. The Court held that the petitioner’s income of P1,440.00 per year, or P120.00 per month, even when coupled with free board and lodging, was patently insufficient to be considered lucrative for purposes of naturalization. The Court noted that while a 1953 ruling (Lim vs. Republic) had deemed a similar income sufficient, subsequent decisions had effectively reversed that ruling, taking into account the considerable increase in the cost of living. The Court cited several cases (Ong Ling Chuan vs. Republic, Koh Chet vs. Republic, Quinga Chua vs. Republic, Tse vs. Republic, Tan vs. Republic, and Ong vs. Republic) to support this conclusion. The Court did not pass upon the other questions raised in the appeal. Costs were imposed against the petitioner.