G.R. No. L-21738. March 01, 1968
IN THE MATTER OF THE PETITION TO BE ADMITTED A CITIZEN OF THE PHILIPPINES, CHOA EK YONG, PETITIONER-APPELLEE, VS. REPUBLIC OF THE PHILIPPINES, OPPOSITOR-APPELLANT.
SANCHEZ, J.:
Declared eligible to Philippine citizenship by judgment below
dated December 3, 1960,[1]
and the two-year statutory period having elapsed, on April 18, 1963 the same
court, after hearing, allowed petitioner to take the prescribed oath. From this latter order sprang the present
appeal by the State.
Upon one ground alone, the lower court must be reversed.
Petitioner does not have the required lucrative income. Income “is to be reckoned as of the time
of the filing of the application.”[2] His 1959 petition averred, and the lower
court found, that he has an average annual income of P3,600.00 to support
himself, his wife and his children, then three in number. This rules him out as qualified for
Philippine citizenship.[3]
Order reversed; application for naturalization dismissed, and
petition to take oath denied. Costs
against petitioner.
SO ORDERED.
Reyes, Acting C.J., Dizon, Makalintal, Bengzon, Zaldivar,
Castro, Angeles, and Fernando, J., concur.
Concepcion, JJ., is on leave.
[1]
Naturalization Case 40616, Court of First Instance of Manila, entitled “In
the matter of the petition to be admitted a citizen of the Philippines, Choa Ek
Yong, petitioner.”
[2]
Ty Eng Hua vs. Republic, 1967B Phild. 538.
[3]
Law Tai vs. Republic, 1967B Phild 168, 171, citing cases.