December 1965 - Philippine Supreme Court Decisions/Resolutions
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G.R. No. L-21859 December 24, 1965 - IN RE: RAMON GAN CHING LIM v. REPUBLIC OF THE PHIL.:
EN BANC
[G.R. No. L-21859. December 24, 1965.]
IN THE MATTER OF THE PETITION TO BE ADMITTED A CITIZEN OF THE PHILIPPINES OF RAMON GAN CHING LIM. RAMON GAN CHING LIM, Petitioner-Appellee, v. REPUBLIC OF THE PHILIPPINES, Oppositor-Appellant.
Salvador Pejo for Petitioner-Appellee.
Solicitor General for Oppositor-Appellant.
SYLLABUS
1. NATURALIZATION; WHERE APPLICANT HAS ALL THE QUALIFICATIONS AND NONE OF THE DISQUALIFICATIONS TO BECOME A FILIPINO CITIZEN; CASE AT BAR. — Petitioner was born, on January 29, 1929, in Goa, Camarines Sur, where he resided continuously up to the present. He is single and is engaged in farming. He owns a piece of land with an assessed value of P5,110.00 and a market value of about P13,000.00. Although still single and has no descendants, his gross income in the year 1962 amounted to about P4,944.97. At the end of said year, he had a cash asset of P6,137.33, apart from his fixed assets in realty. He speaks fluently and writes fairly well the English language and the Bicol dialect. Through his testimony and that of his attesting witnesses, both of them credible persons and citizens of the Philippines, petitioner has, likewise, established that he possesses all of the qualifications and none of the disqualifications to become a citizen of the Philippines. Held: Being in accordance with the facts and the law, the decision of the lower court granting the petitioner’s application for naturalization, should be affirmed.
D E C I S I O N
CONCEPCION, J.:
Appeal, taken by the Office of the Solicitor General, from a decision of the Court of First Instance of Camarines Sur, granting the petition for naturalization of appellee, Ramon Gan Ching Lim.
Sometime after the record had been forwarded to this Court, the provincial fiscal of Camarines Sur filed a motion to withdraw the appeal, upon the ground that the Solicitor General had found no justification to pursue it, after going over said record. Required to comment on the motion, the Solicitor General left the matter to the sound discretion of this Court, which, accordingly, resolved to deny said motion and to consider the Solicitor General’s comment as appellant’s brief.
The record shows that petitioner was born, on January 29, 1929, in Goa, Camarines Sur, where he has resided continuously up to the present. He is single, and although graduated from the National University, in Manila, as a mechanical engineer, he is engaged in farming. He owns a piece of land in Goa, with an assessed value (for real estate tax purposes) of P5,110.00 and a market value of about P13,000.00. Although still single and has no descendants, his gross income in the year 1962 amounted to about P4,944.97, which is sufficient to warrant his being considered as having a lucrative occupation. In fact, at the end of 1962 he had a cash asset of P6,137.33, apart from his fixed assets in realty. He speaks fluently and writes fairly well the English language and the Bicol dialect. Through his testimony and that of his attesting witnesses, namely, Jose Rodriguez, and Felipe Pan, incumbent mayor and councilor, respectively, of Goa, Camarines Sur, both of them credible persons and citizens of the Philippines, petitioner has, likewise, established that he possesses all of the qualifications and none of the disqualifications to become a citizen of the Philippines.
BEING IN ACCORDANCE WITH THE FACTS AND THE LAW, the decision from should be, as it is hereby, affirmed, therefore, without special pronouncement as to costs. It is so ordered.
Bengzon, C.J., Bautista Angelo, Dizon, Regala, Makalintal, Bengzon, J.P., and Zaldivar, JJ., concur.
Reyes, J.B.L., and Barrera, JJ., took no part.
Sometime after the record had been forwarded to this Court, the provincial fiscal of Camarines Sur filed a motion to withdraw the appeal, upon the ground that the Solicitor General had found no justification to pursue it, after going over said record. Required to comment on the motion, the Solicitor General left the matter to the sound discretion of this Court, which, accordingly, resolved to deny said motion and to consider the Solicitor General’s comment as appellant’s brief.
The record shows that petitioner was born, on January 29, 1929, in Goa, Camarines Sur, where he has resided continuously up to the present. He is single, and although graduated from the National University, in Manila, as a mechanical engineer, he is engaged in farming. He owns a piece of land in Goa, with an assessed value (for real estate tax purposes) of P5,110.00 and a market value of about P13,000.00. Although still single and has no descendants, his gross income in the year 1962 amounted to about P4,944.97, which is sufficient to warrant his being considered as having a lucrative occupation. In fact, at the end of 1962 he had a cash asset of P6,137.33, apart from his fixed assets in realty. He speaks fluently and writes fairly well the English language and the Bicol dialect. Through his testimony and that of his attesting witnesses, namely, Jose Rodriguez, and Felipe Pan, incumbent mayor and councilor, respectively, of Goa, Camarines Sur, both of them credible persons and citizens of the Philippines, petitioner has, likewise, established that he possesses all of the qualifications and none of the disqualifications to become a citizen of the Philippines.
BEING IN ACCORDANCE WITH THE FACTS AND THE LAW, the decision from should be, as it is hereby, affirmed, therefore, without special pronouncement as to costs. It is so ordered.
Bengzon, C.J., Bautista Angelo, Dizon, Regala, Makalintal, Bengzon, J.P., and Zaldivar, JJ., concur.
Reyes, J.B.L., and Barrera, JJ., took no part.
