May 1967 - Philippine Supreme Court Decisions/Resolutions
Philippine Supreme Court Jurisprudence
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G.R. No. L-20909 May 24, 1967 - IN RE: VICENTE TIU TUA PI v. REPUBLIC OF THE PHIL.:
EN BANC
[G.R. No. L-20909. May 24, 1967.]
IN THE MATTER OF THE PETITION TO BE ADMITTED AS CITIZEN OF THE PHILIPPINES. VICENTE TIU TUA PI, Petitioner-Appellee, v. REPUBLIC OF THE PHILIPPINES, Oppositor-Appellant.
Solicitor General Arturo A. Alafriz, Assistant Solicitor General F. R. Rosete and Solicitor B. P. Pardo for Oppositor-Appellant.
Eduardo S. Baranda for Petitioner-Appellee.
SYLLABUS
1. NATURALIZATION; LACK OF LUCRATIVE INCOME; CASE AT BAR. — Petitioner, 22 years old, single, had an average annual income Of P1,500.00, presently increased to P2,400.00 per annum. He enjoyed free board and lodging with a little allowance for representation and travelling expenses as the occasion demands. As insurance agent, he also receives commissions thus: P2,520 for 1959; P2,570.75 for 1960; and P1,870.20 for 1961. Held:chanrob1es virtual 1aw library
2. ID.; COMMISSIONS NOT CONSIDERED INCOME. — Commissions (as insurance agent) are not considered income for purposes of petition for naturalization, as they are contingent and speculation.
2. ID.; COMMISSIONS NOT CONSIDERED INCOME. — Commissions (as insurance agent) are not considered income for purposes of petition for naturalization, as they are contingent and speculation.
D E C I S I O N
SANCHEZ, J.:
On petition for naturalization filed on April 29, 1961. The lower court found for petitioner, declared him a naturalized Filipino citizen. 1 The Republic appealed.
The judgment must be reversed.
The 22-year old petitioner, single, avers in his petition that his "average annual income" is P1,500.00, "presently" increased to P2,400.00 per annum. He added that he enjoyed free board and lodging with "a little allowance for representation and travailing expenses, as the occasion demands." Because, he is assistant manager of Nanding Candy Station in Iloilo City. At the trial, however, he made an eleventh-hour effort to beef up his income by stating that he is also an insurance agent for Baranda Associates. He listed down his commissions thus: 1959 — P2,520.00, 1960 — P2,570.75, 1961 — P1,870,20. These commissions were reflected in his income tax returns for 1959, 1960 and 1961, all of which he belatedly filed only on July 5, 1962, after the trial of this case had commenced. This evidence does not command respect. Even so, commissions are not considered as income for purposes of the present petition - they are contingent and speculative. 2 And, petitioner does not meet with the requirement of lucrative income. Citation of authorities is unnecessary to show this point.
We need not discuss the other points raised in the Republic’s brief.
Judgment reversed; petition for naturalization denied. Costs against petitioner. So ordered.
Concepcion, C.J., Reyes, J.B.L., Dizon, Regala, Makalintal, Bengzon, J.P., Zaldivar and Castro, JJ., concur.
The judgment must be reversed.
The 22-year old petitioner, single, avers in his petition that his "average annual income" is P1,500.00, "presently" increased to P2,400.00 per annum. He added that he enjoyed free board and lodging with "a little allowance for representation and travailing expenses, as the occasion demands." Because, he is assistant manager of Nanding Candy Station in Iloilo City. At the trial, however, he made an eleventh-hour effort to beef up his income by stating that he is also an insurance agent for Baranda Associates. He listed down his commissions thus: 1959 — P2,520.00, 1960 — P2,570.75, 1961 — P1,870,20. These commissions were reflected in his income tax returns for 1959, 1960 and 1961, all of which he belatedly filed only on July 5, 1962, after the trial of this case had commenced. This evidence does not command respect. Even so, commissions are not considered as income for purposes of the present petition - they are contingent and speculative. 2 And, petitioner does not meet with the requirement of lucrative income. Citation of authorities is unnecessary to show this point.
We need not discuss the other points raised in the Republic’s brief.
Judgment reversed; petition for naturalization denied. Costs against petitioner. So ordered.
Concepcion, C.J., Reyes, J.B.L., Dizon, Regala, Makalintal, Bengzon, J.P., Zaldivar and Castro, JJ., concur.
Endnotes:
1. Naturalization Case 165, Court of First Instance of Iloilo.
2. Tan v. Republic, L-22207, May 30, 1966, citing cases; Lim v. Republic, L-22437, June 21, 1966, citing cases.
