G.R. No. L-23387; April 24, 1967
IN THE MATTER OF THE PETITION OF LIM SIH BENG TO BE ADMITTED A CITIZEN OF THE PHILIPPINES. LIM SIH BENG, petitioner-appellee, vs. REPUBLIC OF THE PHILIPPINES, oppositor-appellant.

FACTS

Lim Sih Beng, a Chinese citizen, filed a petition for naturalization with the Court of First Instance of Albay. The lower court granted his petition, declaring that he possessed all qualifications and none of the disqualifications under the Revised Naturalization Law. The Republic of the Philippines appealed the decision. In his petition, Lim Sih Beng failed to state that he had resided in barrio Palaypay, Pilar, Sorsogon, from 1941 to 1945. Furthermore, he stated his former residences in mere general terms (Fukien, China; Manila, Dagupan, and Legaspi, Philippines) without specifying particular addresses. His income tax returns for 1959, 1960, and 1961 showed an average annual net income of P8,830.24, supporting a family with five of his seven children still dependent on him.

ISSUE

Whether the Court of First Instance of Albay erred in granting Lim Sih Beng’s petition for naturalization.

RULING

Yes. The Supreme Court reversed the lower court’s decision and denied the petition for naturalization. First, the petitioner’s failure to state his residence in barrio Palaypay, Pilar, Sorsogon from 1941 to 1945, and his failure to specify particular addresses for his other former residences, constituted a fatal violation of Section 7 of Commonwealth Act 473. This omission deprived the Government of the ability to conduct a thorough investigation into his background and activities. Second, his average annual net income of P8,830.24, resulting in a monthly per capita income of P105.12 for his family, could not be considered lucrative, especially given the high cost of living and the low purchasing power of the peso, and considering he had five dependent children. The petition was denied at appellee’s cost.