GR L 20912; (November, 1965) (Digest)
G.R. No. L-20912 November 29, 1965
LI TONG PEK, petitioner-appellee, vs. REPUBLIC OF THE PHILIPPINES, oppositor-appellant.
FACTS
Li Tong Pek, born in China, arrived in the Philippines in 1930 and has resided primarily in Naga City since 1935. He is married to a Chinese citizen, and they have eight children. He worked at the Naga Ricemill, owned by his brother, with an average monthly salary ranging from P240 to P260, later increased to a daily wage of P15. His wife also worked as a cashier with a monthly salary of P250. Petitioner holds a Bachelor of Science in Commerce degree, speaks English and Bicol, and is of good moral character. He filed a petition for naturalization, which was granted by the Court of First Instance of Camarines Sur. The Republic appealed, contending that petitioner lacks a lucrative income and did not enroll his school-age children in schools where students are predominantly Filipinos.
ISSUE
Whether the petitioner possesses the requisite qualifications for naturalization, specifically: (1) a lucrative income, and (2) the proper enrollment of his children in schools recognized by the government and attended predominantly by Filipinos.
RULING
The Supreme Court reversed the lower court’s decision and denied the petition for naturalization.
1. On the issue of lucrative income: The Court held that petitioner’s average monthly salary of approximately P390, considering his large family of eight children and the high cost of living, is not lucrative as required by Section 2, paragraph 4 of Commonwealth Act No. 473 . The additional income of his wife is immaterial, as the law requires the petitioner himself to possess the lucrative trade, profession, or occupation.
2. On the issue of school enrollment: The Court found that petitioner enrolled his four school-age children in the Anglo-Chinese School and Hope Christian School, which, though government-recognized, are run by Chinese mentors and predominantly attended by Chinese students. This indicates a lack of sincere desire to embrace Filipino citizenship, as required for naturalization.