G.R. No. L-20813 November 29, 1966
IN THE MATTER OF THE PETITION OF JACINTO UY TIAN HUA, JR. TO BE ADMITTED A CITIZEN OF THE PHILIPPINES. JACINTO UY TIAN HUA, JR., petitioner-appellee, vs. REPUBLIC OF THE PHILIPPINES, oppositor-appellant.

FACTS

Petitioner Jacinto Uy Tian Hua, Jr. filed a petition for naturalization in the Court of First Instance of Nueva Vizcaya, which was granted. The Republic appealed. In his petition, petitioner alleged his income was P250 a month or P3,000 a year, supported by an affidavit from his employer’s assistant manager. After the Solicitor General filed a notice of appeal on the ground that petitioner lacked a lucrative trade, petitioner moved to reopen the case to prove he had a gross income of P7,410.62 in 1961 and an investment worth P5,000 in shares of stock assigned to him on February 1, 1962. The lower court granted the motion over the Government’s objection, received additional evidence, and issued a Supplemental Decision reiterating its original grant of naturalization.

ISSUE

Whether the lower court erred in granting the petition for naturalization.

RULING

Yes, the lower court’s decision is reversed and the petition is dismissed. First, petitioner’s qualification for naturalization must be determined as of the time of filing his petition on September 14, 1960. At that time, his income was only P250 a month, which is insufficient to constitute a “lucrative trade” under Commonwealth Act No. 473. His subsequently alleged increased income in 1961 and acquired shares in 1962 cannot cure this disqualification at the commencement of the case. Second, petitioner failed to state all his previous residences in Manila in his application and the published notice, which is a fatal omission. Third, petitioner’s attesting witnesses, Francisca Gatchalian and Maria J. Lago, were not proven to be credible persons as required by the Naturalization Law, as there was no evidence they enjoyed a high reputation for probity in their community.