RE: PETITION OF TEH SAN ALIAS LEOVIGILDO TEH SAN TO BE ADMITTED A CITIZEN OF THE PHILIPPINES, TEH SAN ALIAS LEOVIGILDO TEH SAN, PETITIONER-APPELLEE, VS. REPUBLIC OF THE PHILIPPI…

Petitioner was declared eligible to Philippine citizenship by
judgment below dated April 19, 1962.^[1]
The State appealed.

For one reason alone, the judgment 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]
The petition avers that petitioner had an average annual income of P4,000.  His income tax
return for the year 1959 filed on March 1, 1960, shows a gross income of P2,405.54 and a net income of P1,652.44.  His 1960 income tax return reveals a gross
income of P3,511.93 and a net income of
P3,195.83.  His petition was- filed on
September 3, 1960.  But he had to support
himself, a wife, and six children.  Citation
of authorities is unnecessary to show that this income does not measure up to
the requirement of lucrative income.

FOR THE REASONS GIVEN, the judgment under review is reversed,
and the petition for naturalization herein is denied.

Costs against petitioner.

SO ORDERED.

Concepcion, C.J., Reyes, J.B.L., Dizon, Makalintal, Zaldivar, Castro, and
Angeles, JJ., concur.

^[1]
Naturalization Case 182, Court of First Instance of Quezon,
entitled’ “In the Matter of the Petition of Teh
San alias Leovigildo Teh
San To Be Admitted a Citizen of the Philippines, The San alias Leovigildo Teh San,
Petitioner.”

^[2] Choa vs. Republic, L-21738, March 1, 1968.