G.R. No. L-20814 November 29, 1966
IN THE MATTER OF THE PETITION FOR ADMISSION TO PHILIPPINE CITIZENSHIP. CARMEN DY alias DY GIOK KHA, petitioner-appellee, vs. REPUBLIC OF THE PHILIPPINES, oppositor-appellant.

FACTS

Carmen Dy alias Dy Giok Kha filed a petition for naturalization as a Philippine citizen in the Court of First Instance of Misamis Occidental. The Solicitor General, representing the Republic of the Philippines, opposed the petition. The lower court granted the petition, prompting the Republic to appeal. The Supreme Court reviewed the record and found grounds for dismissal.

ISSUE

Whether Carmen Dy qualifies for naturalization as a Philippine citizen.

RULING

The Supreme Court REVERSED the lower court’s decision and DISMISSED the petition for naturalization. The Court held that Carmen Dy failed to meet the requirements for naturalization on three grounds:
1. Lack of Lucrative Occupation: Petitioner’s alleged annual income of P2,400 (P200 monthly) was insufficient to be considered “lucrative” under the Naturalization Law, especially since she had six children, five of whom were dependent and of school age. Her gross receipts in 1959 were only P1,713.16.
2. Violation of the Anti-Alias Law: Petitioner used the alias “Dy Giok Kha” without prior judicial authority, as evidenced by her immigration certificate of residence issued in 1951. Her birth certificate and alien certificate of registration showed her name only as Carmen Dy. This unauthorized use of an alias constituted a violation of the Anti-Alias Law, a sufficient ground to deny naturalization.
3. Lack of Sincere Desire to Embrace Filipino Customs and Traditions: Petitioner enrolled all six of her children in Chinese schools, demonstrating a lack of earnest intention to identify with the Filipino community. Although she transferred two children to a Catholic school after filing her petition, this act was influenced by the proceedings and did not negate her prior conduct.
Costs were imposed on petitioner Carmen Dy.