G.R. No. L-21078. April 29, 1966

IN THE MATTER OF THE PETITION OF ANTONIO L. CO FOR NATURALIZATION. ANTONIO L. CO, PETITIONER AND APPELLEE, VS. REPUBLIC OF THE PHILIPPINES, OPPOSITOR AND APPELLANT.

Decisions / Signed Resolutions April 29, 1966 MAKALINTAL, J.:
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MAKALINTAL, J.:


Antonio
L. Co, born in Pampanga in 1937, citizen of Nationalist China, applied
tor naturalization in the Court of First Instance of said province. In
its decision of March 24, 1962 the court found him qualified and
granted his application. The Solicitor General appealed on one ground:
that appellee does not fulfill the requirement of lucrative trade or
occupation.

In other respects indeed the record discloses
that the applicant’s qualifications adequately meet the legal
requirements. He has lived in the Philippines continuously, leaving
only once in 1947 for a four-month visit in Amoy with his parents. He
received his elementary and secondary education in the Guagua national
Colleges, Pampanga, and obtained the degree of Bachelor of Science from
the University of the East, Manila. His conduct, moral character,
association with Filipinos and desire to embrace the native customs,
ideals and traditions are duly vouched for and established by the
evidence. So are his political convictions and sympathies, his
knowledge of the principles underlying the Constitution, his lack of
criminal record, his physical and mental health, and his sincerity and
good faith in desiring Philippine citizenship.

On
the issue raised by the Solicitor General, however, this appeal must be
sustained. For the applicant’s income of P200.00 a month, received by
him, he testified, as assistant manager of his parent’s sugar cane
farm, cannot be considered lucrative for purposes of naturalization.
Our ruling to this effect has been laid down in so many recent
decisions that an extensive review thereof is unnecessary (see Antonio
Dy vs. Republic, G. R. No. L-20348, December 24, 1965 and cases cited).

Wherefore, the decision appealed from is reversed and the petition for naturalization is dismissed. Costs against petitioner-appellee.

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