GR L 20909; (May, 1967) (Digest)
G.R. No. L-20909 May 24, 1967
IN THE MATTER OF THE PETITION TO BE ADMITTED A CITIZEN OF THE PHILIPPINES. VICENTE TIU TUA PI, petitioner-appellee, vs. REPUBLIC OF THE PHILIPPINES, oppositor-appellant.
FACTS
Petitioner Vicente Tiu Tua Pi filed a petition for naturalization on April 29, 1961. He was 22 years old and single. In his petition, he stated his “average annual income” was P1,500.00, which was “presently” increased to P2,400.00 per annum. He explained he received free board and lodging plus a small allowance for representation and travel expenses as the assistant manager of Nanding Candy Station in Iloilo City. During the trial, he presented additional evidence to increase his stated income, claiming he was also an insurance agent for Baranda Associates. He submitted commissions of P2,520.00 for 1959, P2,570.75 for 1960, and P1,870.20 for 1961, which were reflected in income tax returns belatedly filed on July 5, 1962, after the trial had commenced. The Court of First Instance of Iloilo granted his petition and declared him a naturalized Filipino citizen. The Republic of the Philippines appealed the decision.
ISSUE
Whether or not petitioner Vicente Tiu Tua Pi possesses a lucrative income sufficient to qualify for naturalization under Philippine law.
RULING
The Supreme Court reversed the lower court’s judgment and denied the petition for naturalization. The Court held that the petitioner’s evidence of income did not meet the legal requirement of possessing a lucrative income. His initial claim of an annual income of P1,500.00 to P2,400.00 was insufficient. The additional income from insurance commissions, presented belatedly during trial, was not considered reliable. Furthermore, the Court ruled that such commissions are contingent and speculative in nature and therefore cannot be counted as stable income for the purpose of determining lucrative employment in naturalization cases. Consequently, the petitioner failed to satisfy a fundamental requirement for naturalization. Costs were imposed against the petitioner.