G.R. No. L-26242 October 25, 1968
IN THE MATTER OF THE PETITION FOR ADMISSION AS CITIZEN OF THE PHILIPPINES, JAMES Y. NG alias JAMES Uy, petitioner-appellee, vs. REPUBLIC OF THE PHILIPPINES, oppositor-appellant.

FACTS

Petitioner James Y. Ng filed a petition for naturalization. On March 14, 1963, the Court of First Instance of Cebu rendered a decision granting his petition subject to the provisions of Republic Act No. 530. On October 14, 1965, he filed a motion for the final hearing preceding the issuance of a certificate of naturalization. On January 5, 1966, the court issued an order authorizing him to take his oath of allegiance and for the issuance of the corresponding certificate of naturalization. The Republic of the Philippines appealed this order.

ISSUE

Whether the Court of First Instance of Cebu erred in issuing the order authorizing the petitioner to take his oath of allegiance and become a naturalized citizen.

RULING

The Supreme Court reversed the order appealed from and denied the petitioner’s application for naturalization, dismissing the case. The Court held the order untenable for three main reasons:
1. The petitioner failed to file a declaration of intention. Although born in the Philippines, he was not exempt from this requirement because he did not prove that he received his primary and secondary education in public schools or those recognized by the Government and not limited to any race or nationality. His primary education was at Hope Christian High School (formerly Chia-Nan High School) in Manila and his elementary instruction at Cebu Chinese High School. The Court cited precedent that enrollment in a Chinese school raises an inference of failure to evince a sincere desire to embrace Philippine customs, traditions, and ideals.
2. The petitioner’s petition did not state his former places of residence, mentioning only his residence at the time of filing. The decision noted he was born in Cagayan, Misamis Oriental, evacuated to Manticao, Cagayan de Oro during the war, and resided in Manila from 1947 to 1950. This omission of his places of residence in Manila violated Section 7 of Commonwealth Act No. 473, which is fatal to the application.
3. The petitioner’s income was not lucrative as required by law. His original petition alleged an average annual income of P1,680 (P140/month). His amended petition alleged P3,000 annually. Evidence showed he received P200/month from Southern Insurance Company and allegedly P150/month from Ng Peng Hong Commercial (his father’s business, which cannot be relied upon). At the final hearing, he testified his 1963 income from Ng Peng Hong was only P1,200/year (P100/month). The Court found his alleged income from commissions and expenses from 1963-1965 immaterial, as the relevant period was when his petitions were filed (1959 and 1960). Furthermore, such commissions and expenses were contingent, speculative, indefinite, unsteady, and precarious, and thus cannot be considered in determining if his trade or profession was lucrative.