May 1964 - Philippine Supreme Court Decisions/Resolutions
Philippine Supreme Court Jurisprudence
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G.R. No. L-17774 May 30, 1964 - IN RE: CEFERINO GO v. REPUBLIC OF THE PHIL.:
EN BANC
[G.R. No. L-17774. May 30, 1964.]
IN THE MATTER OF THE PETITION OF CEFERINO GO TO BE ADMITTED A CITIZEN OF THE PHILIPPINES, CEFERINO GO, Petitioner-Appellee, v. REPUBLIC OF THE PHILIPPINES, Oppositor-Appellant.
Abelardo A. Climaco for Petitioner-Appellee.
Solicitor General for Oppositor-Appellant.
SYLLABUS
1. CITIZENSHIP; NATURALIZATION; ANNUAL INCOME OF P1,152.00 NOT CONSIDERED LUCRATIVE. — The statutory requirement that an applicant for naturalization must have a lucrative occupation is not satisfied by proof that the applicant has an annual income of P1,152.00, or less than P120.00 monthly, as a mechanic in a sawmill.
D E C I S I O N
MAKALINTAL, J.:
The Solicitor General appeals from the decision of the Court of First Instance of Zamboanga City granting citizenship to Ceferino Go.
The evidence for appellee, which consists of his testimony and that of his two witnesses, Jose S. Cabato and Francisco Espiritu, tends to show that: He is single, 22 years old, born on May 1, 1938 in the Zamboanga General Hospital, Zamboanga City, and since birth has been a resident of Tomas Claudio Street of the same city except during the Japanese occupation, when he moved to Margosatubig, Zamboanga del Sur. He is a citizen of the Republic of China, under whose laws Filipinos may be naturalized. He can speak and write English and Chabacano. He finished his elementary and secondary schooling at the Zamboanga Chinese High School, a school recognized by the government wherein Philippine history, civics and government are taught. He obtained his Associate in Arts degree and completed the preparatory course in engineering at the Ateneo de Zamboanga, and is now taking marine engineering at the Zamboanga Regional School of Arts and Trade, a government institution. He earns P120.00 a month as mechanic of the United Sawmill, where his father is a mill supervisor and is his immediate superior. He believes in the principles underlying the Philippine Constitution and has conducted himself in a proper and irreproachable manner during his entire period of his residence in the country as well as in the community in which he lives; he has a sincere desire to learn and embrace the customs, traditions and ideals of the Filipinos; he is not opposed to organized government nor is he affiliated with any society or group of persons who uphold and teach doctrines opposing organized government; he is not a polygamist and has not been convicted of any crime involving moral turpitude; he is not suffering from mental alienation or any incurable disease.
The only question raised in this appeal is whether or not petitioner satisfies the statutory requirement that an applicant for naturalization must have a lucrative occupation.
Petitioner claims that he is employed as a mechanic at the United Sawmill. He testified that his school hours were from seven to nine in the morning and from one to four in the afternoon, and then from five to six in the afternoon he worked at the sawmill. Later he amended his testimony and said that he worked four hours daily at the sawmill, but he did not explain how he managed to squeeze in four hours of work into his busy school schedule. The evidence concerning his employment, therefore, is quite doubtful.
But even granting the truth of his declaration, his work at the sawmill can not be considered as a lucrative employment for purposes of his application. His residence certificate, Class B, for 1960 (Exh. L) shows that his annual income for that year was only P1,152.00, which is less than P120.00 monthly. In several cases, we have ruled that even an income of as much as P200.00 is not sufficient, considering the present purchasing power of our currency.
WHEREFORE, the judgment appealed from is reversed, and petitioner’s application is denied, with costs.
Bengzon, C.J., Padilla, Bautista, Angelo, Labrador, Concepcion, Reyes, J.B.L., Barrera, Paredes and Dizon, JJ., concur.
Regala, J., did not take part.
The evidence for appellee, which consists of his testimony and that of his two witnesses, Jose S. Cabato and Francisco Espiritu, tends to show that: He is single, 22 years old, born on May 1, 1938 in the Zamboanga General Hospital, Zamboanga City, and since birth has been a resident of Tomas Claudio Street of the same city except during the Japanese occupation, when he moved to Margosatubig, Zamboanga del Sur. He is a citizen of the Republic of China, under whose laws Filipinos may be naturalized. He can speak and write English and Chabacano. He finished his elementary and secondary schooling at the Zamboanga Chinese High School, a school recognized by the government wherein Philippine history, civics and government are taught. He obtained his Associate in Arts degree and completed the preparatory course in engineering at the Ateneo de Zamboanga, and is now taking marine engineering at the Zamboanga Regional School of Arts and Trade, a government institution. He earns P120.00 a month as mechanic of the United Sawmill, where his father is a mill supervisor and is his immediate superior. He believes in the principles underlying the Philippine Constitution and has conducted himself in a proper and irreproachable manner during his entire period of his residence in the country as well as in the community in which he lives; he has a sincere desire to learn and embrace the customs, traditions and ideals of the Filipinos; he is not opposed to organized government nor is he affiliated with any society or group of persons who uphold and teach doctrines opposing organized government; he is not a polygamist and has not been convicted of any crime involving moral turpitude; he is not suffering from mental alienation or any incurable disease.
The only question raised in this appeal is whether or not petitioner satisfies the statutory requirement that an applicant for naturalization must have a lucrative occupation.
Petitioner claims that he is employed as a mechanic at the United Sawmill. He testified that his school hours were from seven to nine in the morning and from one to four in the afternoon, and then from five to six in the afternoon he worked at the sawmill. Later he amended his testimony and said that he worked four hours daily at the sawmill, but he did not explain how he managed to squeeze in four hours of work into his busy school schedule. The evidence concerning his employment, therefore, is quite doubtful.
But even granting the truth of his declaration, his work at the sawmill can not be considered as a lucrative employment for purposes of his application. His residence certificate, Class B, for 1960 (Exh. L) shows that his annual income for that year was only P1,152.00, which is less than P120.00 monthly. In several cases, we have ruled that even an income of as much as P200.00 is not sufficient, considering the present purchasing power of our currency.
WHEREFORE, the judgment appealed from is reversed, and petitioner’s application is denied, with costs.
Bengzon, C.J., Padilla, Bautista, Angelo, Labrador, Concepcion, Reyes, J.B.L., Barrera, Paredes and Dizon, JJ., concur.
Regala, J., did not take part.
