GR L 8862; (April, 1957) (Digest)
G.R. No. L-8862; April 22, 1957
Uy Tiao Hong, alias Jesus Lim, petitioner-appellee, vs. Republic of the Philippines, oppositor-appellant.
FACTS
The petitioner, Uy Tiao Hong alias Jesus Lim, was born of Chinese parents in Amoy, China, on December 24, 1928, and is a Chinese citizen. He arrived in Manila in 1937 and, after some time in Cebu, moved with his parents to Mambajao, Misamis Oriental, where they reside. He is a medical student at the University of Santo Tomas in Manila. He is proficient in English and Visayan, believes in the principles of the Philippine Constitution, has conducted himself irreproachably during his residence, has mingled socially with Filipinos, and desires to embrace their customs and ideals. He is not disqualified under Section 10 of the Revised Naturalization Law. The trial court found that while studying in Manila, he receives an annual salary of P1,440 as a commercial agent for his father’s copra business and owns a refreshment parlor yielding a net profit of about P400 quarterly. The trial court granted his petition for naturalization.
ISSUE
Whether the petitioner possesses a lucrative trade or profession as required by Section 2, paragraph 4 of the Revised Naturalization Law, despite being a student.
RULING
Yes. The Supreme Court affirmed the trial court’s decision, holding that the petitioner has a lucrative trade. The Court found beyond dispute that he is a salaried agent for his father’s business and operates his own refreshment parlor with substantial quarterly profits, as evidenced by payment of corresponding licenses. The Court rejected the government’s contention that his salary was merely a study allowance or a “camouflage,” noting he separately received funds for educational expenses. The Court further stated that being a student does not preclude having a gainful occupation, as many students work their way through school. Therefore, the petitioner satisfied the statutory requirement for naturalization.
