G.R. No. L-21739 May 30, 1967
IN THE MATTER OF THE PETITION FOR NATURALIZATION OF ONG CHIAN SUY. ONG CHIAN SUY, petitioner-appellee, vs. REPUBLIC OF THE PHILIPPINES, oppositor-appellant.

FACTS

Petitioner Ong Chian Suy filed a petition for naturalization. The trial court found him to possess all qualifications and none of the disqualifications under the Revised Naturalization Law. The Republic appealed the decision.

ISSUE

Whether the petition for naturalization should be denied on the grounds of: (1) failure to state all former places of residence in the petition as required by law, and (2) lack of a lucrative income.

RULING

The Supreme Court REVERSED the trial court’s judgment and DENIED the petition for naturalization.
1. The petition stated petitioner’s present residence as San Roque, Iriga, Camarines Sur, and one former place of residence as Amoy, China. However, during testimony, petitioner revealed he also stayed in Naga City and attended school in Tabaco, Albay, which are additional former places of residence. Section 7 of the Revised Naturalization Law requires the petition to state the petitioner’s “present and former places of residence.” Jurisprudence holds that “residence” encompasses all places of actual and physical residence, and failure to allege a former place of residence is fatal. The purpose is to enable people from his actual surroundings to provide information or objections.
2. The petition averred an average annual income of about P5,000. His 1960 income tax return showed a net income of P5,593.75, and he estimated about P6,000 for 1961. However, two witnesses testified his income was around P2,000 a year. Petitioner has a wife and three minor children to support. Whichever version is considered, the Court found he cannot be regarded as having a lucrative income as required by law.
Costs were imposed against the petitioner.