FRANCISCO LAO ALIAS ME-O, PETITIONER AND APPELLEE, VS. REPUBLIC OF THE PHILIPPINES, OPPONENT AND APPELLANT.

In a verified petition filed in the Court of First Instance of Leyte on 22
April 1958 and amended on 21 June 1958, Francisco Lao alias Me-o avers
and claims that he is qualified to become a Filipino citizen by naturalization
and prays that his petition to become such citizen be granted (case No. N-40).
After hearing, on 2 March 1959 the court entered a decree granting his petition
to become a citizen of the Philippines by naturalization. The Government has
appealed.

The Government claims that the trial court erred in—

* * * finding that the petitioner conducted himself in a proper and
irreproachable manner and in not finding that he lacks good moral character.

* * * not holding that the petitioner did not have a lucrative trade.

* * * not finding that the filiation of petitioner’s alleged children has not
been proved by competent evidence.

The record shows that.the appellee has five children, namely, Jacinto, bom on
16 July 1949; Tita, 6 December 1951; Teresa, 14 October 1953; Enrique, 12
December 1955; and Dione, 22 October 1957, all surnamed Lao and born out of
wedlock by Joseiina Cawaling, whom he married only on 18 April 1958 (Exhibit K),
or four days before filing the petition for naturalization. Such common-law
relationship does not show good moral character and is not a proper and
irreproachable conduct required by law of aliens desiring to become naturalized
Filipino citizens.^[1]

The appellee’s annual income of P1,200 (p. 60, t.s.n.) as merchant since 1950
is not lucrative.^[2] This, taken together
with his improper and reproachable conduct in cohabiting for almost twelve years
with his wife without benefit of clergy, disqualifies him to become a citizen of
the Philippines by naturalization.^[3]
This conclusion renders unnecessary the passing upon the last and third error
assigned by the appellant regarding proof of filiation of the appellee’s
children.

The decree appealed from is reversed and the petition for naturalization
denied, with costs against the appellee.

Bengzon, C. J., Bautista Angelo, Labrador, Concepcion, Reyes, J. B. L.,
Barrera, Paredes, Dizon, Regala, and Makalintal, JJ., concur.

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[1] Gavino Lao vs. Republic of the Philippines, G. R.
No. 17053, 30 October 1962.

[2] Id.

[3] Id.