Philippine Supreme Court Jurisprudence


Philippine Supreme Court Jurisprudence > Year 1965 > November 1965 Decisions > G.R. No. L-20799 November 29, 1965 - IN RE: JOSE T. UY v. REPUBLIC OF THE PHIL.:




PHILIPPINE SUPREME COURT DECISIONS

EN BANC

[G.R. No. L-20799. November 29, 1965.]

IN THE MATTER OF THE PETITION JOSE T. UY TO BE ADMITTED A CITIZEN OF THE PHILIPPINES. JOSE T. UY, Petitioner-Appellee, v. REPUBLIC OF THE PHILIPPINES, Oppositor-Appellant.

Cristino V. Pinili for Petitioner-Appellee.

Solicitor General Oppositor-Appellant.


SYLLABUS


1. NATURALIZATION; REQUIREMENTS; LUCRATIVE INCOME. — An income of P250.00 per month, with free board and lodging is not lucrative within the purview of the Naturalization Law considering that the purchasing value of the peso has declined and the cost of living kept on increasing.

2. ID; ID; ID; EFFECT OF FAILURE TO REGISTER WITH THE SOCIAL SECURITY SYSTEM. — Where it appears that applicant is not a registered member of the Social Security System, his employment with his uncle is extremely doubtful, if not fictitious, because it is easy for him to connive with his said employer to make it appear that he meets with the important requirement of the Naturalization Law to the effect that applicant is gainfully employed.


D E C I S I O N


REGALA, J.:


This is an appeal from the decision of the Court of First Instance of Negros Oriental, granting the application for naturalization of petitioner, Jose T. Uy.

As a background, it can be stated that the petitioner filed his application before the court on April 18, 1961. Among other things, he claimed:chanrob1es virtual 1aw library

1. That he is the son of Ogim Uy, a Chinese citizen, and Martin Tan, a native born Filipino Citizen;

2. That he registered with the Embassy of the Republic of China as a citizen thereof, and likewise registered as a Chinese citizen with the Bureau of Immigration;

3. That he had his education at the Bais Elementary School, a public school, where he finished his elementary course and at the Foundation College where he completed his secondary course. He attended the Silliman University to pursue the four-year course in business administration but reached only the first semester of the senior year;

4. That he is single, and has always resided in the Philippines since his birth, and in the city of Dumaguete since 1950;

5. That he is employed as salesman-cashier at the Uy Ching Ho Store, owned by his uncle, at a starting salary of P140.00 per month, with free board and lodging, which was increased in 1961 to P250.00 per month;

6. That he speaks and writes English and the local Cebu-Visayan dialect;

7. That, having been born in the Philippines, and having completed his elementary education in the public school, he is exempt from filing any declaration of intention to become a Filipino citizen.

The petitioner also declared that he believes in the principles underlying the Constitution of the Philippines, and that he had conducted himself in a proper and irreproachable manner in his dealings with the duly constituted authorities as well as with the community in which he lives.

Two witnesses were presented, namely, Eleuterio Katada, 44 years of age, married, businessman, native born citizen of the Philippines, and former City Councilor of Dumaguete; and Espiridion S. Adiong, 48 years of age, married, Administrative Officer, Office of the Governor of Negros Oriental.

Both Eleuterio Katada and Espiridion S. Adiong testified in favor of the applicant.

The Solicitor General made four (4) Assignments of Error, to wit:chanrob1es virtual 1aw library

1. The trial court erred in finding that petitioner has a lucrative income.

2. The trial court erred in failing to rule that character witness Eleuterio Katada was not a credible person within the meaning of the Revised Naturalization Law.

3. The trial court erred in finding that petitioner has all the qualifications and none of the disqualifications specified by law to become a citizen of the Philippines.

4. The trial court erred in granting the petition.

This Court need not discuss all the assignments of error referred to above. It is sufficient to say that we are satisfied that the income of petitioner, which is P250.00 per month, with free board and lodging, is not lucrative income or trade within the purview of the Naturalization Law. While in a former decision of this Court, as in Republic v. Lim, L-3030, Jan. 31, 1951, 88 Phil. 789, an income of P250.00 was considered profitable, however, today, the value of the peso has declined considerably, and the cost of living has kept on increasing. In Tan v. Republic, L-16013, March 30, 1963, the income of P6,300.00 per annum was likewise found as not lucrative for a married applicant with one child. In the case of Uy v. Republic, L-20208, June 30, 1965, an income of P3,600.00 per annum for a single person, is also not regarded as lucrative.

We feel that the income of petitioner herein is not lucrative within the meaning of the Revised Naturalization Law. Furthermore, it does not appear that he is a member of the Social Security System as stated by the Solicitor General, which makes his employment extremely doubtful, if not fictitious. It is easy for petitioner to connive with his uncle, who is his father’s brother, to make it appear that petitioner meets with this important requirement of the naturalization law.

IN VIEW OF THE FOREGOING, the decision appealed from is reversed, with costs against petitioner.

Bengzon, C.J., Bautista Angelo, Concepcion, Dizon, Makalintal, Bengzon, J.P., and Zaldivar, JJ., concur.

Barrera and Reyes, J.B.L., JJ., are on leave.




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






November-1965 Jurisprudence                 

  • G.R. No. L-22697 November 2, 1965 - PEOPLE OF THE PHIL. v. DONION TAN Y CUI @ DIONING

  • G.R. No. L-17159 November 23, 1965 - AFAG VETERAN CORPS, INC. v. MARIANO G. PINEDA

  • G.R. No. L-20199 November 23, 1965 - COSMOPOLITAN INSURANCE CO., INC. v. ANGEL B. REYES

  • G.R. No. L-20715 November 27, 1965 - HENRY TIONG, ET AL. v. REPUBLIC OF THE PHIL.

  • G.R. No. L-20910 November 27, 1965 - YAO LONG v. REPUBLIC OF THE PHIL.

  • G.R. No. L-21138 November 27, 1965 - IN RE: ROBERTO TING TONG v. REPUBLIC OF THE PHIL.

  • G.R. No. L-20915 November 27, 1965 - IN RE: TEOFILO LU v. REPUBLIC OF THE PHIL.

  • G.R. No. L-15939 November 29, 1965 - ANGELES UBALDE PUIG, ET AL. v. ESTELA MAGBANUA PEÑAFLORIDA, ET AL.

  • G.R. No. L-16905 November 29, 1965 - ROSARIO OLIVEROS, ET., AL. v. JOSE QUERUBIN

  • G.R. No. L-17027 November 29, 1965 - YU KIMTENG CONSTRUCTION CORP. v. MANILA RAILROAD CO.

  • G.R. No. L-17059 November 29, 1965 - PEDRO MANIQUE, ET AL. v. CEFERINO F. CAYCO, ET AL.

  • G.R. No. L-17160 November 29, 1965 - PHIL. PRODUCTS CO. v. PRIMATERIA SOCIETE ANONYME POUR

    LE COMMERCE EXTERIEUR: PRIMATERIA (PHIL.) INC.

  • G.R. No. L-17294 November 29, 1965 - CU BIE, ET., AL. v. COURT OF APPEALS

  • G.R. No. L-17312 November 29, 1965 - ARTURO R. TANCO, JR. v. PHILIPPINE GUARANTY CO.

  • G.R. No. L-17406 November 29, 1965 - FINLEY J. GIBBS, ET AL. v. COMMISSIONER OF INTERNAL REVENUE, ET AL.

  • G.R. No. L-17640 November 29, 1965 - VIRGINIA I. VDA. DE LIMJOCO v. DIRECTOR OF COMMERCE

  • G.R. No. L-17884 November 29, 1965 - ADOLFO GASPAR v. LEOPOLDO DORADO

  • G.R. No. L-18669 November 29, 1965 - IN RE: TY BIO GIAO v. REPUBLIC OF THE PHIL.

  • G.R. No. L-18673 November 29, 1965 - ALEX LO KIONG v. UNITED STATES LINES CO.

  • G.R. No. L-19120 November 29, 1965 - LA MALLORCA v. ARMANDO MERCADO

  • G.R. No. L-19193 November 29, 1965 - FERNANDO O. PALAROAN v. AURORA A. ANAYA, ET., AL.

  • G.R. No. L-19585 November 29, 1965 - PEOPLE OF THE PHIL. v. NAPOLEON C. ORTIZ

  • G.R. No. L-19671 November 29, 1965 - PASTOR B. TENCHAVEZ v. VICENTA F. ESCAÑO, ET., AL.

  • G.R. No. L-20160 November 29, 1965 - IN RE: GREGORIO GO v. REPUBLIC OF THE PHIL.

  • G.R. No. L-20281 November 29, 1965 - DOMINGO MALOGA v. VICENTE G. GELLA, ET., AL.

  • G.R. No. L-20342 November 29, 1965 - GOVERNMENT SERVICE INSURANCE SYSTEM v. MANILA RAILROAD COMPANY, ET., AL.

  • G.R. No. L-20643 November 29, 1965 - PEOPLE’S HOMESITE & HOUSING CORP. v. MARCIANO BAYLON, ET., AL.

  • G.R. No. L-20764 November 29, 1965 - SANTOS JUAT v. COURT OF INDUSTRIAL RELATIONS

  • G.R. No. L-20799 November 29, 1965 - IN RE: JOSE T. UY v. REPUBLIC OF THE PHIL.

  • G.R. No. L-20805 November 29, 1965 - PEOPLE OF THE PHIL. v. IGNACIO DESIDERIO

  • G.R. No. L-20819 November 29, 1965 - IN RE: GAN TSITUNG v. REPUBLIC OF THE PHIL.

  • G.R. No. L-20845 November 29, 1965 - MANILA RAILROAD CO. v. LADISLAO MANALANG

  • G.R. No. L-20850 November 29, 1965 - EDWARD J. NELL COMPANY v. PACIFIC FARMS, INC.

  • G.R. No. L-20912 November 29, 1965 - LI TONG PEK v. REPUBLIC OF THE PHIL.

  • G.R. No. L-20980 November 29, 1965 - PHIL. INTERNATIONAL SURETY CO. v. COMMISSIONER OF CUSTOMS

  • G.R. No. L-21017 November 29, 1965 - IN RE: SENECIO DY ONG v. REPUBLIC OF THE PHIL.

  • G.R. No. L-21192 November 29, 1965 - IN RE: JESUS YAP v. REPUBLIC OF THE PHIL.

  • G.R. No. L-21217 November 29, 1965 - SERREE INVESTMENT CO. v. COMMISSIONER OF CUSTOMS

  • G.R. No. L-21255 November 29, 1965 - PHILIPPINE NATIONAL BANK v. JAIME R. NUEVAS

  • G.R. No. L-21316 November 29, 1965 - CEFERINA V. DAVID v. REPUBLIC OF THE PHIL.

  • G.R. No. L-21447 November 29, 1965 - JOSE REYES, ET., AL. v. FRANCISCO ARCA

  • G.R. No. L-21453 November 29, 1965 - AURORA VILLAMIN SY v. COMMISSIONER OF IMMIGRATION

  • G.R. No. L-21811 November 29, 1965 - SEE GUAN v. COMMISSIONER OF IMMIGRATION

  • G.R. No. L-22040 November 29, 1965 - YU CHI HAN v. REPUBLIC OF THE PHIL.

  • G.R. No. L-22712 November 29, 1965 - CANDIDO UY alias RICARDO UY v. REPUBLIC OF THE PHIL.

  • G.R. No. L-22778 November 29, 1965 - PEOPLE OF THE PHIL. v. TEOFILO B. BUSLON

  • G.R. No. L-24962 November 29, 1965 - VICE MAYOR ANTONIO C. JARO v. ROSARIO P. ISIDERIO, ET., AL.