May 1968 - Philippine Supreme Court Decisions/Resolutions
Philippine Supreme Court Jurisprudence
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G.R. No. L-22943 May 27, 1968 - IN RE: TEH SAN v. REPUBLIC OF THE PHIL.:
EN BANC
[G.R. No. L-22943. May 27, 1968.]
RE: Petition of TEH SAN alias LEOVIGILDO TEH SAN to be admitted a citizen of the Philippines, TEH SAN alias LEOVIGILDO TEH SAN, Petitioner-Appellee, v. REPUBLIC OF THE PHILIPPINES, Oppositor-Appellant.
Solicitor General Arturo A. Alafriz, Assistant Solicitor General Antonio A. Torres and Solicitor Dominador L. Quiroz for Appellant.
Cesar Alcala Lontok for Appellee.
SYLLABUS
1. POLITICAL LAW; NATURALIZATION; LUCRATIVE INCOME REQUIREMENT; WHEN NOT MET. — With a wife and six children to support, petitioner’s net income of P1,652.44 and P3,195.83 for the years 1959 and 1960 respectively, does not measure up to the requirement of lucrative income.
D E C I S I O N
SANCHEZ, J.:
Petitioner was declared eligible to Philippine citizenship by judgment below dated April 19, 1962. 1 The State appealed.
For one reason alone, the judgment must be reversed.
Petitioner does not have the required lucrative income. Income "is to be reckoned as of the time of the filing of the application." 2 The petition avers that petitioner had an average annual income of P4,000. His income tax return for the year 1959 filed on March 1, 1960, shows a gross income of P2,400.54 and a net income of P1,652.44. His 1960 income tax return reveals a gross income of P3,511.93 and a net income of P3,195.83. His petition was filed on September 3, 1960. But he had to support himself, a wife, and six children. Citation of authorities is unnecessary to show that this income does not measure up to the requirement of lucrative income.
For the reasons given, the judgment under review is reversed, and the petition for naturalization herein is denied. Costs against petitioner.
SO ORDERED.
Concepcion, C.J., Reyes, J.B.L., Dizon, Makalintal, Zaldivar, Castro and Angeles, JJ., concur.
Fernando, J., is on official leave.
For one reason alone, the judgment must be reversed.
Petitioner does not have the required lucrative income. Income "is to be reckoned as of the time of the filing of the application." 2 The petition avers that petitioner had an average annual income of P4,000. His income tax return for the year 1959 filed on March 1, 1960, shows a gross income of P2,400.54 and a net income of P1,652.44. His 1960 income tax return reveals a gross income of P3,511.93 and a net income of P3,195.83. His petition was filed on September 3, 1960. But he had to support himself, a wife, and six children. Citation of authorities is unnecessary to show that this income does not measure up to the requirement of lucrative income.
For the reasons given, the judgment under review is reversed, and the petition for naturalization herein is denied. Costs against petitioner.
SO ORDERED.
Concepcion, C.J., Reyes, J.B.L., Dizon, Makalintal, Zaldivar, Castro and Angeles, JJ., concur.
Fernando, J., is on official leave.
Endnotes:
1. Naturalization Case l82, Court of First Instance of Quezon, entitled" In the Matter of the Petition of Teh San alias Leovigildo Teh San To Be Admitted a Citizen of the Philippines, Teh San alias Leovigildo Teh San, Petitioner."cralaw virtua1aw library
2. Choa v. Republic, L-21738, March 1, 1968.
