GR L 21193; (September, 1966) (Digest)
G.R. No. L-21193 September 30, 1966
IN THE MATTER OF THE PETITION OF ANACLETO LIM alias LIM ENG CHUAN TO BE ADMITTED A CITIZEN OF THE PHILIPPINES. ANACLETO LIM alias LIM ENG CHUAN, petitioner-appellee, vs. REPUBLIC OF THE PHILIPPINES, oppositor-appellant.
FACTS
Petitioner Anacleto Lim alias Lim Eng Chuan filed a petition for naturalization (apparently in June 1959), which was granted by the Court of First Instance of Cebu on November 30, 1960. On December 7, 1962, he filed a motion to introduce evidence pursuant to Republic Act 530 and to take his oath of allegiance. After a hearing, the lower court issued an order on January 19, 1963, declaring him entitled to Philippine citizenship and allowing him to take his oath. On the same day, the presiding judge administered the oath, and a certificate of naturalization (No. 359) was issued on January 22, 1963. The Republic appealed, arguing the petitioner lacked the requisite qualifications.
ISSUE
Whether the lower court erred in allowing the petitioner to take his oath of allegiance and in issuing the certificate of naturalization, considering the petitioner’s qualifications and the precipitate administration of the oath.
RULING
The Supreme Court granted the appeal and nullified the naturalization. The Court held that the petitioner failed to prove a lucrative income, a statutory requirement. His claimed assets (co-ownership of a house and inherited shares of stock) were not properly substantiated as to his definite share or income production. His stable salary alone, which was only P1,620.00 in 1959 and P2,280.00 in 1960 (the relevant time for income assessment being the filing of the petition), was not lucrative. Furthermore, the Court condemned the lower court’s precipitate action in administering the oath on the same day the order was issued, which was an attempt to render the government’s right to appeal nugatory. Consequently, the order allowing the oath, the oath itself, Certificate of Naturalization No. 359, and any registration were declared null and void. The petitioner was ordered to surrender the certificate for cancellation, and costs were assessed against him.