G.R. No. L-21738, March 1, 1968
IN THE MATTER OF THE PETITION TO BE ADMITTED A CITIZEN OF THE PHILIPPINES. CHOA EK YONG, petitioner-appellee, vs. REPUBLIC OF THE PHILIPPINES, oppositor-appellant.

FACTS

Choa Ek Yong filed a petition for naturalization. The Court of First Instance of Manila declared him eligible for Philippine citizenship in a judgment dated December 3, 1960. After the lapse of the two-year statutory period, the same court, on April 18, 1963, allowed him to take the oath of citizenship. The Republic of the Philippines appealed from this order allowing him to take the oath.

ISSUE

Whether or not Choa Ek Yong possesses the required lucrative income to qualify for Philippine citizenship.

RULING

No. The Supreme Court reversed the lower court’s order and dismissed the application for naturalization, denying the petition to take the oath. The Court held that petitioner did not have the required lucrative income. The income requirement is to be reckoned as of the time of the filing of the application. Petitioner’s 1959 petition averred, and the lower court found, that he had an average annual income of P3,600.00 to support himself, his wife, and his three children. This income was deemed insufficient to qualify him for Philippine citizenship.