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EN BANC

G.R. No. L-20909 May 24, 1967

IN THE MATTER OF THE PETITION TO BE ADMITTED A CITIZEN OF THE PHILIPPINES.
VICENTE TIU TUA PI, petitioner-appellee, vs. REPUBLIC OF THE PHILIPPINES, oppositor-appellant.

Office of the Solicitor General Arturo A. Alafriz, Assistant Solicitor General F. R. Rosete and Solicitor B. P. Pardo for oppositor-appellant.
Eduardo S. Baranda for petitioner-appellee.

SANCHEZ, J.:chanrobles virtual law library

On petition for naturalization filed on April 29, 1991. The lower court found for petitioner, declared him a naturalized Filipino citizen.¹ The Republic appealed.chanroblesvirtualawlibrarychanrobles virtual law library

The judgment must be reversed.chanroblesvirtualawlibrarychanrobles virtual law library

The 22-year old petitioner, single, avers in his petition that his "average annual income" is P1,500.00, "presently" increased to P2,400.00 per annum. He added that he enjoyed free board and lodging with "a little allowance for representation and travelling expenses, as the occasion demands." Because, he is assistant manager of Nanding Candy Station in Iloilo City. At the trial, however, he made an eleventh-hour effort to beef up his income by stating that he is also an insurance agent for Baranda Associates. He listed down his commissions thus: 1959 - P2,520.00; 1960 - P2,570.75; 1961 - P1,870.20. These commissions were reflected in his income tax returns for 1959, 1960 and 1961, all of which he belatedly filed only on July 5, 1962, after the trial of this case had commenced. This evidence does not command respect. Even so, commissions are not considered as income for purposes of the present petition - they are contingent and speculative.² And, petitioner does not meet with the requirement of lucrative income. Citation of authorities is unnecessary to show this point.chanroblesvirtualawlibrarychanrobles virtual law library

We need not discuss the other points raised in the Republic brief.chanroblesvirtualawlibrarychanrobles virtual law library

Judgment reversed; petition for naturalization denied. Costs against petitioner. So ordered.

Concepcion, C.J., Reyes, J.B.L., Dizon, Regala, Makalintal, Bengzon, J.P., Zaldivar and Castro, JJ., concur.

Endnotes:

¹Naturalization Case 165, Court of First Instance of Iloilo.chanroblesvirtualawlibrarychanrobles virtual law library

²Tan vs. Republic, L-22207, May 30, 1966, citing cases; Lim vs. Republic, L-22437, June 21, 1966, citing cases.