GR L 19846; (February, 1965) (Digest)
G.R. No. L-19846 February 26, 1965
IN THE MATTER OF THE PETITION OF JUAN YAP TO BE ADMITTED A CITIZEN OF THE PHILIPPINES. JUAN YAP, petitioner-appellee, vs. REPUBLIC OF THE PHILIPPINES, oppositor-appellant.
FACTS
The petitioner-appellee, Juan Yap, filed a petition for naturalization in the Court of First Instance of Misamis Occidental. The court granted his petition. The Republic of the Philippines, as oppositor-appellant, appealed the decision. The Solicitor General argued that Juan Yap did not possess a lucrative trade or occupation and that his character witnesses were not credible persons as required by law. It was admitted that petitioner owned no real estate and his only income was P150.00 per month as a weigher for the Western Products, Co., Inc. He had a wife and three children to support. His character witnesses were Benedicto Labastida, an administrative deputy in the office of the city treasurer of Ozamis City, and Severo E. Banci, a former municipal treasurer from 1923 to 1930.
ISSUE
Whether the Court of First Instance erred in granting Juan Yap’s petition for naturalization.
RULING
The Supreme Court reversed the decision of the Court of First Instance and denied the petition for naturalization. The Court held that:
1. Petitioner’s income of P150.00 per month was insufficient to constitute a lucrative trade or occupation, especially considering his obligation to support a wife and three children, citing precedents such as Ong vs. Republic.
2. Petitioner failed to affirmatively prove that his character witnesses, Benedicto Labastida and Severo E. Banci, possessed the general reputation for honesty and integrity required by the Naturalization Law to vouch for his suitability for citizenship, citing precedents such as Te Tay Seng vs. Republic.
Costs were imposed against the petitioner.
