Philippine Supreme Court Jurisprudence


Philippine Supreme Court Jurisprudence > Year 1966 > May 1966 Decisions > G.R. No. L-21197 May 19, 1966 IN RE: ONG HOCK LIAN v. REPUBLIC OF THE PHIL.:




PHILIPPINE SUPREME COURT DECISIONS

EN BANC

[G.R. No. L-21197. May 19, 1966.]

IN THE MATTER OF THE PETITION OF ONG HOCK LIAN alias JULIAN ONG TO BE ADMITTED A CITIZEN OF THE PHILIPPINES. ONG HOCK LIAN alias JULIAN ONG, Petitioner-Appellee, v. REPUBLIC OF THE PHILIPPINES, Oppositor-Appellant.

Solicitor General Arturo A. Alafriz, Asst. Solicitor General Pacifico P. de Castro and Solicitor Camilo D. Quiason for the Oppositor-Appellant.

Cristino V. Pinili for the Petitioner-Appellee.


SYLLABUS


1. NATURALIZATION; ALIAS; UNAUTHORIZED USE OF ALIAS. — An applicant for naturalization is disqualified if he violates the Anti-Alias law which provides that except awes a pseudonym for literary purposes, no person shall use any name different from the one with which he was christened or by which he has been known since childhood, or such substitute name as may have been authorized by a competent court (Sec. 1, Com. Act 142).

2. ID.; INCOME; FAILURE TO SATISFY REQUIREMENT OF LUCRATIVE OCCUPATION. — An income of less than P6,000, where the applicant supports a wife and three children, falls short of the requirement of the law.

3. ID.; ID.; INCOME NOT REPORTED IN TAX RETURNS WILL NOT BE CONSIDERED. — Where applicant failed to report his salary in the income tax returns, he may not be permitted to have the same considered by the Court as a part of his income to satisfy the legal requirement of lucrative occupation. Such failure to report places grave doubt on the truth of his testimony on this point.


D E C I S I O N


MAKALINTAL, J.:


This is an appeal by the Solicitor General from the decision of the Court of First Instance of Negros Oriental which granted the petition for naturalization of Ong Hock Lian alias Julian Ong.

Appellant contends that the lower court erred (1) in holding that the petition was published in a newspaper of general circulation; (2) in not holding that appellee uses an alias without court authority and in violation of the Anti-Alias Law; (3) in not holding that appellee had failed to report his true income; and (4) in not holding that appellee has no lucrative occupation.

Appellee, a citizen of the Republic of China, arrived in the Philippines on April 30, 1927. He used to reside in Zamboanga City but since March 1, 1940 he has been living in Dumaguete City. He is married to Tan Ko Kiem, also known as Alice Tan, a Chinese national, by whom he has three children, two of whom are of school age and are enrolled at the St. Paul’s College, Dumaguete City, an educational institution recognized by the government, not limited to any particular race or nationality, and where subjects on Philippine history, government and civics are part of the curriculum. Appellee himself finished his first year high school education at the Zamboanga Chinese High School, Zamboanga City. He speaks the English language and the Cebuano-Visayan dialect. A merchant by occupation, he has a store in Colon Street, Dumaguete City, where he sells rice, corn and general merchandise. He has two cargo trucks worth P17,000 and office equipments worth about P200. His net income was P5,939.36 in 1958; P4,114.49 in 1959; and P5,659.30 in 1960. To prove that he has none of the disqualifications enumerated in the Naturalization Law, he presented tax and police clearances; clearances from the Philippine Constabulary, the City Fiscal, the Provincial Fiscal, the Court of First Instance of Negros Oriental and the Municipal Court of Dumaguete City; and a medical certificate of the City Health Officer.

For purposes of this appeal only the second, third and fourth errors assigned by appellant need be considered. The first of them refers to appellee’s use of an alias. Under the law, except as a pseudonym for literary purposes, no person shall use any name different from the one with which he was christened or by which he has been know since childhood, or such substitute name as may have been authorized by a competent court (Section 1, Commonwealth Act 142). Aside from the name "Ong Hoc Lian," appellee is using the alias "Julian Ong." There is no evidence that appellee has been baptized with the latter name or that he has been known by it since childhood, or that the court has authorized the use thereof. Appellee has therefore committed a violation of the Anti-Alias Law.

On the question of income, it appears that with a wife and three children to support, appellee earns less than P6,000 a year. This does not satisfy the requirement of lucrative occupation. Note that his income in 1958 (P5,939.36) was even more than his income for 1959 (P4,114.49) and 1960 (P5,659.30), so that instead of growing bigger his income actually decreased. It may observed that at the trial appellee testified that his average annual net profit from his business was P4,200, which is less than that declared in his income tax returns. We have previously held that an income of P6,300, where the applicant supports a wife and a child, falls short of the requirement of law (Tan v. Republic, 117 Phil. 533).

Aside from his net profits, appellee also testified, he was drawing from his store a salary of P300 a month, which amount he entered as a deduction from his gross earning from business in his income tax returns. If this were true then appellee should have reported this amount as salary in the same returns. This he did not do. He may not be permitted, after failing to report the said amount in the computation of his net earnings for income tax purposes to have the same considered by this Court as salary and therefore part of his income to satisfy the legal requirement of lucrative occupation. Such failure to report places grave doubt on the truth of his testimony on this point.

Wherefore, the judgment appealed from is reversed and the petition is denied, with costs.

Bengzon, C.J., Bautista Angelo, Concepcion, Reyes, J.B.L., Barrera, Dizon, Regala, Bengzon, J.P., Zaldivar and Sanchez, JJ., concur.




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






May-1966 Jurisprudence                 

  • G.R. No. L-20341 May 14, 1966 SIMEON S. CLARIDADES v. VICENTE C. MERCADER, ET AL.

  • G.R. No. L-20372 May 14, 1966 IN RE: BENJAMIN YAP v. REPUBLIC OF THE PHIL.

  • G.R. No. L-22989 May 14, 1966 BIENVENIDO CAPULONG v. TIMOTEO Y. ASERON

  • G.R. No. L-20992 May 14, 1966 IN RE: KOCK TEE YAP v. REPUBLIC OF THE PHIL.

  • G.R. No. L-21486 May 14, 1966 LA MALLORCA and PAMPANGA BUS COMPANY v. VALENTIN DE JESUS, ET AL.

  • G.R. No. L-20344 May 16, 1966 POTENCIANO ILUSORIO, ET AL. v. COURT OF AGRARIAN RELATIONS, ET AL.

  • G.R. No. L-21673 May 16, 1966 FRANCISO MACATANGAY v. SECRETARY OF PUBLIC WORKS AND COMMUNICATIONS, ET AL.

  • G.R. Nos. L-22511 and L-22343 May 16, 196

    ANDRES E. LAZARO v. THE COMMISSIONER OF CUSTOMS

  • G.R. Nos. L-22383 and L-22386 May 16, 1966 EXTENSIVE ENTERPRISES CORPORATION v. SARBRO & CO., ET AL.

  • G.R. No. L-22058 May 17, 1966 EMILIANO D. MANUEL, ET AL. v. PEDRO JIMENEZ, ET AL.

  • G.R. No. L-22059 May 17, 1966 MARIO T. LIZARES v. RUFINO G. HECHANOVA, ET AL.

  • G.R. No. L-22990 May 19, 1966 BIENVENIDO CAPULONG v. THE ACTING COMMISSIONER OF CUSTOMS

  • G.R. No. L-17696 May 19, 1966 DIRECTOR OF LANDS v. COURT OF APPEALS, ET AL.

  • G.R. No. L-18138 May 19, 1966 HONORIO J. HERNANDO v. J. FRANCISCO, ET AL.

  • G.R. Nos. L-19815-16 May 19, 1966 FILEMON YEPES, ET AL. v. SAMAR EXPRESS TRANSIT

  • G.R. No. L-20209 May 19, 1966 TAN TIONG ENG v. CITY MAYOR, PASAY, ET AL.

  • G.R. No. L-20366 May 19, 1966 LEONORA S. PALMA, ET AL. v. Q. & S. INC., ET AL.

  • G.R. No. L-20682 May 19, 1966 GREGORIO VILLARTA, ET AL. v. FAUSTA CUTAMORA VDA. DE CUYNO, ET AL.

  • G.R. No. L-21032 May 19, 1966 FRANCISCA GALEOS-VALDEHUEZA, ET AL. v. REPUBLIC OF THE PHIL., ET AL.

  • G.R. No. L-21489 and L-21628 May 19, 1966 MIGUEL MAPALO, ET AL. v. MAXIMO MAPALO, ET AL.

  • G.R. No. L-21568 May 19, 1966 SERVANDA ENECILLA v. LUZ MAGSAYSAY

  • G.R. No. L-21587 May 19, 1966 BRISTOL MYERS COMPANY v. DIRECTOR OF PATENTS, ET AL.

  • G.R. No. L-21598 May 19, 1966 ENCARNACION VDA. DE VALENCIA, ET AL. v. PEDRO DEUDOR, ET AL.

  • G.R. Nos. L-21919-20 May 19, 1966 ANGEL S. OLAES v. TEODORO TANDA, ET AL.

  • G.R. No. L-21952 May 19, 1966 IN RE: LIM CHIAO CUN v. REPUBLIC OF THE PHIL.

  • G.R. No. L-22041 May 19, 1966 MELECIO CLARINIO UJANO v. REPUBLIC OF THE PHIL.

  • G.R. No. L-22044 May 19, 1966 ZOILO C. PARAGAS v. ESTANISLAO R. BERNAL, ET AL.

  • G.R. No. L-22137 May 19, 1966 MANILA RAILROAD COMPANY, ET AL. v. CARMELINO ALVENDIA, ET AL.

  • G.R. No. L-22277 May 19, 1966 ALBERTO AÑONUEVO, ET AL. v. ROBERTO ZURBANO, ET AL.

  • G.R. No. L-17773 May 19, 1966 PEOPLE OF THE PHIL. v. EMETERIO ORZAME, ET AL.

  • G.R. No. L-22549 May 19, 1966 RENATO D. TAYAG, ET AL. v. ANGELES ELECTRIC CORPORATION

  • G.R. No. L-22550 May 19, 1966 REPUBLIC OF THE PHIL. v. ANDRES REYES, ET AL.

  • G.R. No. L-22811 May 19, 1966 MALAYAN INSURANCE CO., INC. v. DELGADO SHIPPING AGENCIES, INC., ET AL.

  • G.R. No. L-21981 May 19, 1966 WILFREDO GO BON LEE v. REPUBLIC OF THE PHIL.

  • G.R. No. L-20318 May 19, 1966 JOSEPH SOGLOU v. REPUBLIC OF THE PHIL.

  • G.R. No. L-21197 May 19, 1966 IN RE: ONG HOCK LIAN v. REPUBLIC OF THE PHIL.

  • G.R. No. L-22823 May 19, 1966 GODOFREDO N. FAVIS v. NICOMEDES T. RUPISAN, ET AL.

  • G.R. No. L-18452 May 20, 1966 AUGUSTO COSIO, ET AL. v. CHERIE PALILEO

  • G.R. No. L-20552 May 20, 1966 FILIPINAS LIFE ASSURANCE CO., ET AL. v. GONZALO P. NAVA

  • G.R. No. L-21219 May 20, 1966 UY CHIN HONG v. REPUBLIC OF THE PHIL.

  • G.R. Nos. L-21353 and L-21354 May 20, 1966 GREGORIO ANURAN, ET AL. v. PEPITO BUÑO, ET AL.

  • G.R. No. L-21380 May 20, 1966 MISAMIS LUMBER CORPORATION v. CAPITAL INSURANCE & SURETY CO., INC.

  • G.R. No. L-25835 May 20, 1966 CITY OF MANILA, ET AL. v. ABELARDO SUBIDO, ET AL.

  • G.R. No. L-19660 May 24, 1966 PEOPLE OF THE PHIL. v. AMBROCIO P. CANO

  • G.R. No. L-20921 May 24, 1966 MARCELO SOTTO v. FILEMON SOTTO, ET AL.

  • G.R. No. L-20112 May 25, 1966 ROBERTO TOMADO v. JOAQUlN BILBAO

  • G.R. No. L-20874 May 25, 1966 IN RE: JOSELITO YU v. REPUBLIC OF THE PHIL.

  • G.R. No. L-20818 May 25, 1966 CESAR GUILLERGAN, ET AL. v. RODOLFO GANZON, ET AL.

  • G.R. No. L-15631 May 27, 1966 PEOPLE OF THE PHIL. v. HERMOSO SINAON

  • G.R. No. L-20962 May 27, 1966 PACENCIA O. ITCHON v. JUAN M. BALIGOD, ET AL.

  • G.R. No. L-18769 May 27, 1966 PEOPLE OF THE PHIL. v. DIEGO VILLANUEVA

  • G.R. No. L-19894 May 27, 1966 PEOPLE OF THE PHIL. v. CESAR E. REYES, ET AL.

  • G.R. Nos. L-21028-29 May 27, 1966 SANTIAGO LABOR UNION v. EMILIANO TABIGNE, ET AL.

  • G.R. No. L-22079 May 27, 1966 ASIAN SURETY & INSURANCE COMPANY, INC. v. ONG TING, ET AL.

  • G.R. No. L-22370 May 27, 1966 LILIA HERNAEZ v. YAN KAO

  • G.R. No. L-21021 May 27, 1966 INSURANCE COMPANY OF NORTH AMERICA v. UNITED STATES LINES CO., ET AL.

  • G.R. No. L-18383 May 30, 1966 CELESTINO C. JUAN v. COMMISSIONER OF INTERNAL REVENUE, ET AL.

  • G.R. No. L-18892 May 30, 1966 PEOPLE OF THE PHIL. v. MAKALAHI REYES, ET AL.

  • G.R. No. L-20051 May 30, 1966 ANTIQUE SAWMILLS, INC. v. AQUILES R. ZAYCO, ET AL.

  • G.R. No. L-20417 May 30, 1966 REPUBLIC OF THE PHIL. v. GREGORIO A. VENTURANZA, ET AL.

  • G.R. No. L-21060 May 30, 1966 CESARIO V. INDUCIL v. VICTOR DE LOS SANTOS

  • G.R. No. L-20313 May 30, 1966 LAURO G. MARQUEZ, v. GABRIEL V. VALERO, ET AL.

  • G.R. No. L-22207 May 30, 1966 IN RE: NERIO TAN v. REPUBLIC OF THE PHILI.

  • G.R. No. L-23510 May 30, 1966 LUCIDO GARCON v. REDEMPTORIST FATHERS

  • G.R. No. L-21195 May 31, 1966 NANCY Q. SISON v. PEDRO M. GIMENEZ, ET AL.

  • G.R. Nos. L-24267-8 May 31, 1966 PERFECTO FERRER, ET AL. v. COURT OF INDUSTRIAL RELATIONS, ET AL.

  • G.R. No. L-19066 May 31, 1966 JUANITO YARCIA, ET AL. v. ZOILO CASTRILLO, ET AL.

  • G.R. Nos. L-21821-22, L-211824-27 May 31, 1966 DIOSDADO C. TY v. FILIPINAS COMPAÑA DE SEGUROS, ET AL.

  • G.R. No. L-20299 May 31, 1966 ANITA BUENSUCESO DE LAMERA v. COURT OF AGRARIAN RELATIONS, ETC., ET AL.

  • G.R. No. L-21400 May 31, 1966 IN RE: WILLIAM CHUA SIONG HUA v. REPUBLIC OF THE PHIL.