Philippine Supreme Court Jurisprudence


Philippine Supreme Court Jurisprudence > Year 1965 > June 1965 Decisions > G.R. No. L-19836 June 21, 1965 - GO A. LENG v. REPUBLIC OF THE PHIL.:




PHILIPPINE SUPREME COURT DECISIONS

EN BANC

[G.R. No. L-19836. June 21, 1965.]

GO A. LENG, Petitioner-Appellee, v. REPUBLIC OF THE PHILIPPINES, Oppositor-Appellant.

Go & Gerochi for Petitioner-Appellee.

Solicitor General for Oppositor-Appellant.


D E C I S I O N


BAUTISTA ANGELO, J.:


Go A. Leng seeks Filipino citizenship through a petition filed on November 16, 1960 before the Court of First Instance of Iloilo. Attached to the petition, among others, is his declaration of intention to become a Filipino citizen and the affidavits of his witnesses Luis G. Hofilena and Patricio M. Miguel. The petition was later amended in view of the death of Hofilena, who was substituted by Venancio Velasco.

The court a quo granted the petition and in due time the government took the present appeal.

Petitioner is a citizen of the Republic of China having been born in Amoy, China. He was married to Perla Pama How on January 12, 1961, with whom he has no children. He arrived in the Philippines on October 6, 1938, having resided there continuously since then, except only in 1947 when he went to China for a visit.

He is the Dean of Discipline and Assistant Property Custodian of the Iloilo Chinese Commercial School from which he receives a salary of P200.00 a month. He is working also on a part-time basis at the La Paz Bijon Factory which is owned by his brother-in-law for which he receives a salary of P100.00 a month. His wife is also teaching at the Iloilo Chinese Commercial School where she receives a salary of P140.00 a month.

He filed his income tax returns jointly with his wife for the years 1960 and 1961 and has paid the corresponding tax thereon. He resides at the house of his brother-in-law where he is given free board. He has a bank deposit of P6,000.00. He is registered as an alien with the Bureau of Immigration and is the holder of an immigrant certificate of residence.

Upon his arrival in the Philippines, he stayed in Manila for a few months and subsequently went to Iloilo City where he has resided continuously up to the present. He finished his primary and elementary education at the Iloilo Commercial School and took up his secondary course at the Central Philippine University. He can speak and write the local Visayan dialect and the English language.

He believes in the principles underlying the Philippine Constitution; has conducted himself in a proper and irreproachable manner during his entire period of residence in the Philippines; maintained cordial relations with the members of the community where he is living; mingled socially with the Filipinos and has embraced their customs, traditions and ideals. He is not opposed to organized government, nor is he affiliated with any subversive group which upholds and teaches doctrines opposed to organized government. He is not a member of the communist party or of any other association which intends to overthrow the Government of the Philippines. He does not defend or teach the necessity of violence for the success or predominance of his ideas. He is not a polygamist nor a believer in the practice of polygamy. He has not been convicted of any crime involving moral turpitude.

The government opposes the petition on the ground that petitioner does not have a lucrative income sufficient enough to give him economic stability as a Filipino citizen. Indeed, petitioner only receives a salary of P200.00 a month from the Iloilo Chinese Commercial School as Dean of Discipline and Assistant Property Custodian which can hardly be considered lucrative even taken in its liberal sense and even if we bear in mind that he has so far no child to support considering the low value of the peso and the ever increasing cost of living that now beset our people.

It is true that, as petitioner claim, he also works an a part- time basis at the La Paz Bijon Factory where he receives a salary of P100.00 a month, but he cannot derive much comfort from such claim considering that the factory belongs to his brother-in-law, a circumstance which gives the impression that he was given that employment merely to accommodate him for the purposes of this petition. Thus, it appears that he was employed in that factory only after filing his original petition on March 15, 1960 and a few days before he filed the amended petition on January 16, 1961, which, as the Solicitor General has aptly remarked, "indicates unmistakably that petitioner’s so-called part-time employment was merely a devise to make it appear that he has a sufficient lucrative income." If we disregard this part-time income, petitioner’s income and that of his wife would only be P340.00 a month, which is a far cry from what this Court has regarded as lucrative within the meaning of the law.

". . . Does petitioner’s salary of P200.00 a month, assuming that he does receive it, satisfy the requirement? Recent decisions have ruled negatively on this question, considering the present purchasing value of our currency (Cf. Ong Ling Chuan v. Republic, L-18550, February 28, 1964)." (Koh Chet v. Republic, L-17223, June 30, 1964).

". . . Considering the low buying power of the peso at present, a salary of P200.00 a month is not lucrative (Ong v. Republic, 111 Phil. 1034; Keng Giok v. Republic, G. R. No. L-13347, Aug. 31, 1961." Ong Ling Chuan v. Republic, L-18550, February 28, 1964)

"Besides, appellee’s annual income of P3,000 only is not lucrative within the meaning of the Revised Naturalization Law, as amended. Even if added to his wife’s annual income of P3,300, still their total income of P6,300 falls short of the requirement of the law, considering that they have a child to support and the already present high cost of living continues to go up." (Tan v. Republic, L-16013, March 30, 1963)

Another ground on which the government predicates its opposition is the use by petitioner of an alias name without obtaining the authority required by law (Commonwealth Act 142, Section 2), and his failure to secure the permission of the Minister of Interior of China for his change of nationality and renunciation of Chinese citizenship as required by the Chinese Law of Nationality, matters which do not appear satisfactorily explained in the record. There is, on the other hand, sufficient evidence that gives validity to these objections.

WHEREFORE, the decision appealed from is reversed. Costs against petitioner.

Bengzon, C.J., Concepcion, Reyes, J.B.L., Paredes, Dizon, Regala, Makalintal, Bengzon, J.P. and Zaldivar, JJ., concur.

Barrera, J., is on leave.




Back to Home | Back to Main


chanrobles.com



ChanRobles On-Line Bar Review

ChanRobles Internet Bar Review : www.chanroblesbar.com





June-1965 Jurisprudence                 

  • G.R. No. L-17647 June 16, 1965 - HERMINIA GODUCO v. COURT OF APPEALS, ET AL

  • G.R. No. L-19201 June 16, 1965 - REV. FR. CASIMIRO LLADOC v. COMMISSIONER OF INTERNAL REVENUE, ET AL.

  • G.R. No. L-17214 June 21, 1965 - PEOPLE OF THE PHIL. v. CIRIACO ALIPIS, ET AL.

  • G.R. No. L-19836 June 21, 1965 - GO A. LENG v. REPUBLIC OF THE PHIL.

  • G.R. No. L-16999 June 22, 1965 - IN RE: CHENG KIAT GIAM v. REPUBLIC OF THE PHIL.

  • G.R. No. L-19111 June 22, 1965 - IN RE: CHIU BOK v. REPUBLIC OF THE PHIL.

  • G.R. No. L-20379 June 22, 1965 - IN RE: JOSE BERMAS, SR., ET AL

  • G.R. No. L-20489 June 22, 1965 - BOMBAY DEPT. STORE v. COMMISSIONER OF CUSTOMS

  • G.R. No. L-20716 June 22, 1965 - AGUSTIN DE AUSTRIA, ET AL v. HON. AGAPITO CONCHU

  • G.R. Nos. L-20847-9 June 22, 1965 - SERREE INVESTMENT CO. v. COMMISSIONER OF CUSTOMS

  • G.R. No. L-17189 June 22, 1965 - ANDRES CASTILLO v. JUAN RODRIGUEZ, ET AL

  • G.R. No. L-17644 June 22, 1965 - PEOPLE OF THE PHIL. v. LAMBERTO Y. GUEVARRA, ET AL.

  • G.R. No. L-17650 June 22, 1965 - KAPISANAN NG MGA MANGGAGAWA SA MANILA RAILROAD CO. v. HON. JESUS DE VEYRA, ET AL

  • G.R. No. L-17913 June 22, 1965 - MANILA RAILROAD CO. v. HON. JOSE M. MOYA, ET AL

  • G.R. No. L-18569 June 22, 1965 - PLACIDO ANTONIO, ET AL. v. PETRONILO JACINTO

  • G.R. No. L-20288 June 22, 1965 - JOSE CASARIA, ET AL v. RICARDO ROSALES, ET AL

  • G.R. No. L-22236 June 22, 1965 - GSIS v. GAUDENCIO CLORIBEL, ET AL

  • G.R. No. L-17323 June 23, 1965 - CLAUDIO GABUTAS v. GUIDO D. CASTELLANES

  • G.R. No. L-19432 June 23, 1965 - COTABATO TIMBERLAND CO. INC. v. PLARIDEL LUMBER CO., INC.

  • G.R. No. L-19913 June 23, 1965 - IN RE: YU TI v. REPUBLIC OF THE PHIL.

  • G.R. No. L-19914 June 23, 1965 - IN RE: TAN SANG v. REPUBLIC OF THE PHIL.

  • G.R. No. L-19915 June 23, 1965 - IN RE: TANG KONG KIAT v. REPUBLIC OF THE PHIL.

  • G.R. No. L-19916 June 23, 1965 - IN RE: ALEXANDER LIM UY v. REPUBLIC OF THE PHIL.

  • G.R. No. L-20021 June 23, 1965 - IN RE: SERGIO TAN v. REPUBLIC OF THE PHIL.

  • G.R. No. L-20136 June 23, 1965 - IN RE: JOSE A. SANTOS Y DIAZ v. ANATOLIO BUENCONSEJO, ET AL.

  • G.R. No. L-20431 June 23, 1965 - PEOPLE OF THE PHIL. v. EUGENIO LIBED, ET AL

  • G.R. No. L-20675 June 23, 1965 - BATANGAS TRANSPORTATION CO. v. TEODORO VELANDO, ET AL.

  • G.R. No. L-20843 June 23, 1965 - EDWARD J. NELL CO. v. RICARDO CUBACUB, ET AL

  • G.R. No. L-20987 June 23, 1965 - PHIL. LAND-AIR SEA LABOR UNION, ET AL. v. CEBU PORTLAND CEMENT CO., ET AL.

  • G.R. No. L-21470 June 23, 1965 - CONSUELO VDA. DE PRIETO v. PACIENCIA REYES, ET AL

  • G.R. No. L-21856 June 23, 1965 - BENJAMIN BELISARIO v. MARCELO RAMIREZ

  • G.R. No. L-16636 June 24, 1965 - MLA. SURETY & FIDELITY CO., INC. v. BATH CONSTRUCTlON & CO., ET AL

  • G.R. No. L-19670 June 24, 1965 - PEDRO D. PAMINTUAN v. COURT OF APPEALS

  • G.R. No. L-16641 June 24, 1965 - FE RECIDO, ET AL v. ALFONSO T. REFASO, ET AL

  • G.R. No. L-19897 June 24, 1965 - JOAQUIN TAN v. REPUBLIC OF THE PHIL.

  • G.R. Nos. L-20824 & L-22218 June 24, 1965 - BERNARDINO GUERRERO & ASSOCIATES v. FRANCISCO TAN

  • G.R. No. L-19898 June 28, 1965 - IN RE: SEE YEK TEK v. REPUBLIC OF THE PHIL.

  • G.R. No. L-20830 June 28, 1965 - HILARIO GANANCIAL, ET AL v. LEONARDO ATILLO

  • G.R. No. L-12351 June 29, 1965 - COMMISSIONER OF CUSTOMS v. FELIX M. ICAMEN

  • G.R. No. L-18659 June 29, 1965 - PEOPLE OF THE PHIL. v. ANTIPAS SAGARIO, ET AL.

  • G.R. No. L-19851 June 29, 1965 - YU BAN CHUAN v. FIELDMEN’S INSURANCE CO., INC., ET AL.

  • G.R. Nos. L-20787-8 June 29, 1965 - J. ANTONIO ARANETA v. ANTONIO PEREZ

  • G.R. No. L-21071 June 29, 1965 - MANILA RAILROAD CO. v. DANIEL PEREZ, ET AL

  • G.R. No. L-24406 June 29, 1965 - MANILA ELECTRIC CO. v. ENRIQUE MEDINA, ET AL

  • G.R. No. L-15938 June 30, 1965 - CARMELINO DADAY, ET AL v. PASTOR L. DE GUZMAN, ET AL

  • G.R. Nos. L-16078-79 June 30, 1965 - DIRECTOR OF LANDS v. COURT OF APPEALS, ET AL

  • G.R. No. L-16236 June 30, 1965 - IRINEO S. BALTAZAR v. LINGAYEN GULF ELECTRIC POWER CO., INC., ET AL

  • G.R. No. L-16767 June 30, 1965 - IN RE: TAN NGA KOK v. REPUBLIC OF THE PHIL.

  • G.R. No. L-16829 June 30, 1965 - OLEGARIO BRITO, ET AL v. COMMISSIONER OF IMMIGRATION

  • G.R. No. L-17287 June 30, 1965 - JAIME HERNANDEZ, ET AL v. EPIFANIO T. VILLEGAS, ET AL

  • G.R. No. L-17885 June 30, 1965 - GABRIEL P. PRIETO v. MEDEN ARROYO, ET AL

  • G.R. No. L-18682 June 30, 1965 - NICOLAS DE LOS SANTOS v. COURT OF APPEALS, ET AL

  • G.R. No. L-19157 June 30, 1965 - INDIAN COMMERCIAL CO. v. CENTRAL BANK OF THE PHIL.

  • G.R. No. L-19281 June 30, 1965 - IN RE: PEDRO SATILLON, ET AL v. PERFECTA MIRANDA, ET AL

  • G.R. No. L-19348 June 30, 1965 - IN RE: SEE HO KIAT v. REPUBLIC OF THE PHIL.

  • G.R. No. L-19380 June 30, 1965 - PEOPLE OF THE PHIL. v. GASPAR ASILUM, ET AL.

  • G.R. No. L-19636 June 30, 1965 - IN RE: ANTONIO SY v. REPUBLIC OF THE PHIL.

  • G.R. No. L-19780 June 30, 1965 - BENGUET CONSOLIDATED, INC. v. CECILIO MONTEMAYOR, ET AL

  • G.R. No. L-19844 June 30, 1965 - IN RE: FRANK YU TIU v. REPUBLIC OF THE PHIL.

  • G.R. No. L-20145 June 30, 1965 - IN RE: ONG SO v. REPUBLIC OF THE PHIL.

  • G.R. No. L-20208 June 30, 1965 - IN RE: ANTONIO UY v. REPUBLIC OF THE PHIL.

  • G.R. No. L-20462 June 30, 1965 - CALTEX (PHILIPPINES) INC. v. COMMISSIONER OF INTERNAL REVENUE

  • G.R. No. L-20499 June 30, 1965 - BALANGA POWER PLANT CO. v. COMMISSIONER OF INTERNAL REVENUE

  • G.R. No. L-20503 June 30, 1965 - PHIL. ASSO. OF GOV. RETIREES, INC. v. GSIS, ET AL

  • G.R. No. L-23004 June 30, 1965 - MAKATI STOCK EXCHANGE, INC. v. SECURITIES & EXCHANGE COMMISSION, ET AL

  • G.R. No. L-23244 June 30, 1965 - CHAMBER OF AGRI. & NATURAL RESOURCES OF THE PHILS., ET AL v. CENTRAL BANK OF THE PHILS.

  • G.R. No. L-24671 June 30, 1965 - FELICULO ISRAEL v. NUMERIANO G. ESTENZO, ET AL