Philippine Supreme Court Jurisprudence


Philippine Supreme Court Jurisprudence > Year 1966 > June 1966 Decisions > G.R. No. L-22352 June 30, 1966 IN RE: ENGRACIO CHAN v. REPUBLIC OF THE PHIL.:




PHILIPPINE SUPREME COURT DECISIONS

EN BANC

[G.R. No. L-22352. June 30, 1966.]

IN THE MATTER OF THE PETITION FOR ADMISSION TO PHILIPPINE CITIZENSHIP OF ENGRACIO CHAN also known as NICASIO LIM, Petitioner-Appellee, v. REPUBLIC OF THE PHILIPPINES, Oppositor-Appellant.

Solicitor General A. A. Alafriz, Assistant Solicitor P. P. de Castro and Solicitor J.R. Coquia for Oppositor-Appellant.

Antonio N. Santos for Petitioner-Appellee.


D E C I S I O N


MAKALINTAL, J.:


From the decision of the Court of First Instance of Pampanga granting appellee’s petition for naturalization, the Solicitor General appealed and now submits that the petition should have been denied because, among other reasons: (1) petitioner does not have a lucrative income; (2) he failed to allege in his petition all his places of residence, past and present; and (3) he is illegally using an alias.

Petitioner’s evidence shows that he was born of Chines parents on November 25, 1940 in Manila, where he resided from birth until 1946, when he transferred to Bacolor, Pampanga. He finished his primary education in St. Mary’s Academy, Bacolor, Pampanga, and the intermediate grades and high school course at St. Ferdinand Academy, San Fernando, Pampanga. He speaks and writes English, Tagalog and Pampanga. At present he is a salesman at the Caniogan Sari-Sari and Grocery Store, located in Pasig, Rizal, from which he receives a monthly salary of P200, with free board and lodging.

The Solicitor General correctly points out that appellee does not have a lucrative income as required by the Naturalization Law. Even for an unmarried man like appellee, who has nobody dependent on him, a monthly income of P200, with free board and lodging, is not considered gainful employment (Yap v. Republic, L-20372, may 14, 1966).

Petitioner’s true name is Engracio Chan, but he has been using the name Nicasio Lim since he started his schooling. Thus he is Engracio Chan in his birth certificate and Nicasio Lim in all his school records. There is no proof that he is legally authorized to use an alias and his use thereof, being in violation of the Anti-Alias Law, is indicative of reproachable conduct.

The foregoing circumstances, without more, disqualify him for acquiring Filipino citizenship by naturalization.

The judgment appealed from is therefore reversed, and the petition is denied, with costs against appellee.

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




Back to Home | Back to Main




















chanrobles.com





ChanRobles On-Line Bar Review

ChanRobles Internet Bar Review : www.chanroblesbar.com

ChanRobles MCLE On-line

ChanRobles Lawnet Inc. - ChanRobles MCLE On-line : www.chanroblesmcleonline.com






June-1966 Jurisprudence                 

  • G.R. No. L-23964 June 1, 1966 GREGORIO V. GAERLAN, JR. v. LUIS C. CATUBIG

  • G.R. No. L-19697 June 3, 1966 CESAR TUMULAK, ET AL. v. AMADOR E. GOMEZ, ET AL.

  • G.R. No. L-15795 June 20, 1966 IN RE: ANG DIT KUE v. REPUBLIC OF THE PHIL.

  • G.R. No. L-18207 June 20, 1966 IN RE: JOVENCIO CHI v. REPUBLIC OF THE PHIL.

  • G.R. No. L-19638 June 20, 1966 FILIPINAS COMPAÑIA DE SEGUROS, ET AL. v. FRANCISCO Y. MANDANAS, ET AL.

  • G.R. No. L-20705 June 20, 1966 LUZON SURETY CO., INC. v. RAFAEL P. GUERRERO, SR., ET AL.

  • G.R. No. L-20789 June 20, 1966 CAPITAL INSURANCE & SURETY CO., INC. v. LUIS B. REYES, ET AL.

  • G.R. No. L-16987 June 21, 1966 IN RE: AMADO ONG APACIBLE v. REPUBLIC OF THE PHIL.

  • G.R. No. L-20798 June 21, 1966 OSCAR JACOB v. DIRECTOR OF LANDS

  • G.R. No. L-21993 June 21, 1966 ANGELA RODRIGUEZ, ET AL. v. JUAN DE BORJA, ET AL.

  • G.R. No. L-22437 June 21, 1966 IN RE: FRANCISCO LIM v. REPUBLIC OF THE PHIL.

  • G.R. No. L-25419 June 21, 1966 ANDRES CULANAG v. DIRECTOR OF PRISONS

  • G.R. No. L-17670 June 23, 1966 IN RE: CHING CHONG ANG TAN v. REPUBLIC OF THE PHIL.

  • G.R. No. L-19268 June 23, 1966 IN RE: ONG CHUAN v. REPUBLIC OF THE PHIL.

  • G.R. No. L-21122 June 23, 1966 CELESTINO E. ESUERTE, ET AL. v. MACAPANTON ABBAS, ET AL.

  • G.R. No. L-21173 June 23, 1966 MELECIO B. QUETULIO, ET AL. v. ILDEFONSO GANITANO

  • G.R. No. L-23445 June 23, 1966 REMEDIOS NUGUID v. FELIX NUGUID, ET AL.

  • G.R. No. L-23509 June 23, 1966 NATY BALTAZAR, ET AL. v. SILVINA CARIDAD, ET AL.

  • G.R. No. L-17124 June 30, 1966 PEOPLE OF THE PHIL. v. ISAGANI C. FAMILIAR, ET AL.

  • G.R. No. L-21781 June 30, 1966 DELGADO BROTHERS, INC., ET AL. v. MANILA PORT SERVICE, ET AL.

  • G.R. No. L-22352 June 30, 1966 IN RE: ENGRACIO CHAN v. REPUBLIC OF THE PHIL.

  • G.R. No. L-17666 June 30, 1966 ISIDORO MONDRAGON v. PEOPLE OF THE PHIL.

  • G.R. No. L-17970 June 30, 1966 MARIA MAHILUM, ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. No. L-18209 June 30, 1966 PEOPLE OF THE PHIL. v. VENANCIO SULLANO

  • G.R. No. L-18257 June 30, 1966 PEOPLE OF THE PHIL. v. ARMANDO G. FAJARDO, ET AL.

  • G.R. No. L-18537 June 30, 1966 DOMINGO FLORES, ET AL. v. PHILIPPINE NATIONAL BANK, ET AL.

  • G.R. No. L-19091 June 30, 1966 PEOPLE OF THE PHIL. v. SEVERO CORONEL, ET AL.

  • G.R. No. L-19651 June 30, 1966 ALLIED FREE WORKERS UNION, ET AL. v. MANUEL ESTIPONA, ET AL.

  • G.R. No. L-20183 June 30, 1966 PEOPLE OF THE PHIL. v. EDUARDO I. BERDIDA, ET AL.

  • G.R. No. L-20350 June 30, 1966 DIRECTOR OF LANDS v. NEMESIO ACANA, ET AL.

  • G.R. No. L-20605 June 30, 1966 IN RE: TANPA ONG v. REPUBLIC OF THE PHIL.

  • G.R. No. L-20739 June 30, 1966 CRISTINA CHINGAN v. GABRIEL LA GUARDIA, ET AL.

  • G.R. Nos. L-20754 and L-20759 June 30, 1966 PEOPLE OF THE PHIL. v. CARMEN SARIO

  • G.R. No. L-21077 June 30, 196

    IN RE: ADELAIDO DE GUZMAN v. REPUBLIC OF THE PHIL.

  • G.R. No. L-21348 June 30, 1966 RED V COCONUT PRODUCTS, LTD. v. COURT OF INDUSTRIAL RELATIONS, ET AL.

  • G.R. No. L-21574 June 30, 1966 SIMON DE LA CRUZ v. CAPITAL INSURANCE & SURETY CO., INC.

  • G.R. No. L-21959 June 30, 1966 IN RE: GENARO YAP v. REPUBLIC OF THE PHIL.

  • G.R. No. L-22610 June 30, 1966 PRIMITIVO P. QUIEM v. JESUS SERIÑA, ET AL.

  • G.R. No. L-23305 June 30, 1966 BENEDICTO C. LAGMAN v. CITY OF MANILA

  • G.R. No. L-17411 June 30, 1966 LUZON STEVEDORING CORPORATION v. COURT OF INDUSTRIAL RELATIONS, ET AL.

  • G.R. No. L-24365 June 30, 1966 IN RE: ADOLFO C. AZNAR v. MARIA LUCY CHRISTENSEN DUNCAN

  • G.R. No. L-17411 June 30, 1966 LUZON STEVEDORING CORPORATION v. COURT OF INDUSTRIAL RELATIONS, ET AL.