G.R. No. L-20812 September 22, 1967
IN THE MATTER OF THE PETITION FOR ADMISSION TO PHILIPPINE CITIZENSHIP. DOMINGO PO CHU SAM, petitioner-appellee, vs. REPUBLIC OF THE PHILIPPINES, oppositor-appellant.

FACTS

Domingo Po Chu Sam filed a petition for admission to Philippine citizenship in the Court of First Instance of Misamis Occidental. The petition averred that he had an annual income of P2,400.00, more or less. However, his income tax return for the year 1961, which was the year he filed his petition, showed that his actual income was P2,514.74. This amount consisted of P1,514.74 in salary and P1,000.00 in bonus. The State opposed the petition, leading to an appeal.

ISSUE

Whether or not Domingo Po Chu Sam possesses a lucrative occupation as required by Section 2 of the Naturalization Law, considering his reported income.

RULING

The Supreme Court reversed the judgment of the lower court and denied the petition for naturalization. The Court held that the petitioner’s bonus of P1,000.00, being contingent and speculative, should not be included in the computation of his income for the purpose of determining if he has a lucrative occupation. Therefore, his valid income was only P1,514.74 from his salary. As a married individual without a child, this income did not meet the statutory requirement of having a lucrative occupation, as established in previous jurisprudence (Yu Kian Chie vs. Republic, L-20169, February 26, 1965; Co vs. Republic, L-19502, April 29, 1966). Costs were imposed against the petitioner.