G.R. No. L-23652, April 25, 1969
IN RE: PETITION FOR NATURALIZATION, GO AY KOC, petitioner-appellant, vs. REPUBLIC OF THE PHILIPPINES, oppositor-appellee.

FACTS

Go Ay Koc filed a petition for naturalization on November 24, 1959. The Court of First Instance of Rizal, Pasay City Branch, granted the petition in a decision dated July 18, 1961. After two years, on July 19, 1963, Go Ay Koc filed a motion to be allowed to take his oath of allegiance. The Solicitor General opposed this motion and moved to set aside the 1961 decision. After hearings, the trial court set aside its decision and denied the motion to take the oath. A motion for new trial was also denied, prompting this appeal.

ISSUE

Whether the trial court erred in setting aside its decision granting naturalization and denying the motion to take the oath, based on the grounds that: (1) the petitioner failed to state all his previous residences in his petition; (2) he enrolled his children in exclusive Chinese schools; and (3) he failed to show a lucrative income.

RULING

The Supreme Court dismissed the appeal, affirming the trial court’s order. The Court held that:
1. The petitioner’s failure to state all his previous places of residence in his petition, as required by Section 7 of Commonwealth Act No. 473 , was a fatal jurisdictional defect. His subsequent disclosure during the hearing did not cure this defect.
2. Enrolling his children in Chinese schools (Chang Kai Shek High School and Anglo-Chinese School), despite their government recognition, without evidence that a sizable number of Filipino students attended these schools, demonstrated a failure to evince a sincere desire to embrace Philippine customs and traditions.
3. The petitioner’s income was not lucrative. His income tax returns showed a regular monthly salary of only P300.00, with the rest comprising speculative commissions and Sweepstakes/Jai Alai winnings, which are not considered stable income for naturalization purposes. This income was insufficient to support his family.