IN THE MATTER OF THE PETITION OF ANACLETO LIM ALIAS LIM ENG CHUAN, TO BE ADMITTED A CITIZEN OF THE PHILIPPINES ANACLETO LIM ALIAS LIM ENG CHUAN, PETITIONER AND APPELLEE, VS. REP…

Appeal by the Government from the order of 19 January 1963 of the
Court of First Instance of Cebu (Judge Amador E. Gomez, presiding)
allowing the petitioner, Anacleto Lim, alias Lim Eng Chuan, to
take his oath of allegiance as a naturalized citizen of the
Philippines, from the oath Itself and from the certificate of
naturalization issued on 22 January 1963.

On the records elevated to this Court, there is nothing to show the
date when petitioner Lim filed his petition for naturalization; but
from the briefs it appears to be 15 June 1959. The records indicate
that favorable judgment thereon was rendered on 30 November 1960.

On 7 December 1962, the said petitioner filed a motion to introduce
evidence pursuant to Republic Act 530 and thereafter to take his oath
of allegiance. After hearing, the court a quo issued the
appealed order of 19 January 1963. The order declared petitioner Lim
entitled to a grant of Philippine citizenship and that he “may now take
his oath as a Filipino citizen, if he so chooses”. Forthwith, or on the
same day when the appealed order was issued, the petitioner took his
oath of allegiance before the presiding judge; and on 22 January 1963,
the clerk of court issued a certificate of naturalization to the
petitioner (Certificate No. 359).

Notified on 7 February 1963 of the order, the Government appealed on
15 February 1963. The lower court, although of the belief that the
appeal was frivolous, nevertheless, approved the record on appeal
because it was aware that the Supreme Court had given course to a
mandamus proceeding instituted by the Solicitor General in an appeal of
a similar nature, but expressed surprise why an appeal was interposed,
when the Solicitor General had not theretofore attempted to make any
showing that the petitioner lacked any of the qualifications for
naturalization. This Court, however, has repeatedly ruled that the
applicant’s qualifications may be questioned at the proceedings for his
authorization to take the oath of allegiance (Cheng alias Lim vs. Republic, L-20013, March 30, 1965, and cases cited therein).

We find the appeal not frivolous but tenable and meritorious.

The petitioner claims co-ownership with his brothers and sister of a
residential house valued at P13,000.00 and ownership of shares of stock
in Lim Bonfing y Hermanos, valued also at P13,000.00, which were
inherited from their deceased father. The claim is entitled to little
consideration because no settlement of the estate has been shown and,
therefore, it is not proved nor ascertained what share would the
petitioner have in the inheritance. Moreover, the shares of stock have
not been shown to be income-producing.

The petitioner, who is single, is employed in the Cebu Branch of the
Philippine Bank of Communications, where he receives a salary, bonuses,
allowances, overtime and vacation pay. In view of their contingent
character, unsteadiness or instability as income, the bonuses,
allowances, etc., cannot be included in the computation of his income
(Yu Kian Chio vs. Republic, L-20169, 26 February 1965), thus leaving
his salary as the only source. But since income, for purposes of
naturalization, is taken as of the time of the filing of the petition
(Yu Ti vs. Republic, L-19913, 23 June 1965; Lee vs. Republic, L-20148,
30 April 1965; Ong Tai vs. Republic, L-19148, 23 December 1964), which
filing was in 1959 (but not later than 1960 because the petition was
already heard in November 1960) when the petitioner’s annual salary
amounted to only P1,620.00 (1959) and P2,280.00 (1960), respectively,
the petitioner’s occupation is far from lucrative (Lim vs. Republic,
L-20149, 30 September 1966, and cases cited therein).

The administration of the oath of allegiance to the petitioner by
the presiding judge, on the same day that the said Judge ordered the
allowance of the petitioner’s oath-taking, was an attempt to render
nugatory the government’s right to appeal (Ong So vs. Republic,
L-20145, 30 June 1965). No justification having been indicated, this
Court, as it did in the case of Lim vs. Republic, L-20149, promulgated
on 30 September 1966, once again has occasion to deplore the
precipitate administration of oath to herein applicant Anacleto Lim by
the judge who heard and approved the motion to take oath and who ought
to have known the non-finality of his order.

For the foregoing reasons, the appealed order allowing the
applicant-appellee to take the oath of allegiance, the oath
administered pursuant thereto, Certificate of Naturalization No. 359
issued to him, and the registration of naturalization, if made, are
hereby declared null and void.

Appellee Anacleto Lim is hereby ordered to immediately surrender
Certificate of Naturalization No. 359 to the Clerk of Court of the
Court of First Instance of Cebu, who is hereby directed to mark the
same, or stamp thereon in bold letters the words “NULL AND VOID”; to
attach the same to the expediente of Naturalization Case No. 473; and to inform the Civil Registry of Cebu of the nullity of the Certificate aforesaid.

Costs against petitioner-appellee Anacleto Lim.

Concepcion, C.J., Dizon, Regala, Makalintal, Bengzon, J,P., Zaldivar, Sanchez, and Ruiz Castro, JJ., concur.
Barrera, J., no part.