SUPREME COURT DECISIONS

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EN BANC

G.R. No. L-19647 April 29, 1966

IN THE MATTER OF THE PETITION OF BENEDICTO TAN TO BE ADMITTED A CITIZEN OF THE PHILIPPINES.
BENEDICTO TAN, petitioner-appellee, vs. REPUBLIC OF THE PHILIPPINES, oppositor-appellant.

Office of the Solicitor General Arturo A. Alafriz, Assistant Solicitor General Antonio A. Torres and Solicitor J. H. Lantin for petitioner-appellant.
Pedro O. Fabre for petitioner-appellee.

BENGZON, C.J.:chanrobles virtual law library

Benedicto Tan, 21, single, was granted naturalization by the Quezon court of first instance, over the objection of the provincial fiscal. So, this appeal was interposed in due time.chanroblesvirtualawlibrarychanrobles virtual law library

And now, the Solicitor General alleges that said court erred: (a) in finding it has jurisdiction over the (b) in finding that the petitioner had observed an irreproachable conduct; (c) in not declaring that petitioner had no lucrative occupation; and (d) in believing the character witnesses presented in support of the petition.chanroblesvirtualawlibrarychanrobles virtual law library

We find it unnecessary to pass on all the assigned errors. We see that petitioner has no lucrative employment, and therefore, he is disqualified from becoming a Filipino citizen. It is admitted that his total income, "including meal allowance and overtime pay, amounts to more or less P2,500.00 per annum". (p. 15, brief of appellee).chanroblesvirtualawlibrarychanrobles virtual law library

In the light of our recent decisions, such annual income disqualifies the applicant for Filipino citizenship.

1. Uy vs. Republic, L-20208, June 30, 1965. An applicant having an income of P3,600 per annum, though unmarried, does not have a "lucrative" occupation.chanroblesvirtualawlibrarychanrobles virtual law library

2. Uy vs. Republic, L-20799, November 29, 1965. Applicant for naturalization earning P250.00 per month, does not have a "lucrative" income.

Wherefore, the appealed decision is hereby reversed and this application for naturalization denied, with costs.

Bautista Angelo, Concepcion, Reyes, J.B.L., Barrera, Dizon, Regala, Makalintal, Bengzon, J.P., and Sanchez, JJ., concur.
Zaldivar, J., took no part.