GR L 4397; (October, 1952) (Digest)
G.R. No. L-4397 October 24, 1952
In the matter of the petition of Delfin Limtao, to be admitted as citizen of the Philippines. DELFIN LIMTAO, petitioner-appellee, vs. THE REPUBLIC OF THE PHILIPPINES, oppositor-appellant.
FACTS
This is an appeal by the Government from a decision of the Court of First Instance of Bulacan granting the petition for naturalization of Delfin Limtao. The appealed decision expressly finds that the appellee lives with his parents who support him, that he does not own any property or business, and that he is a student of Far Eastern University under the support of his parents. Counsel for the appellee argued that the appellee helps in his father’s grocery store and that the support given by his father may be considered as regular compensation, even though the appellee receives no salary.
ISSUE
Whether or not the petitioner-appellee, Delfin Limtao, possesses the qualification prescribed in Section 2, paragraph 4, of the Revised Naturalization Law, which requires that an applicant must own real estate worth not less than five thousand pesos or must have some known lucrative trade, profession, or lawful occupation.
RULING
The Supreme Court reversed the decision of the Court of First Instance and denied the petition for naturalization. The Court held that the appellee lacks the required qualification. The findings show he owns no property or business, is a student supported by his parents, and lives with them. The argument that his help in his father’s grocery store and the support received constitute a lucrative occupation was rejected. The Court ruled that, regardless of any help rendered, his parents are morally bound to support him, and there is no showing that he would not be supported if he did not help. Therefore, the appellee does not possess all the qualifications prescribed by law for acquiring Philippine citizenship.
