G. R. No. L-19846. February 26, 1965

IN THE MATTER OF THE PETITION OF JUAN YAP TO BE ADMITTED A CITIZEN OF THE PHILIPPINES, JUAN YAP, PETITIONER AND APPELLEE, VS. REPUBLIC OF THE PHILIPPINES, OPPOSITOR AND APPELLANT.

Decisions / Signed Resolutions February 26, 1965 CONCEPCION, J.:
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CONCEPCION, J.:


The Solicitor General seeks the
review of a decision of the Court of First Instance of Misamis Occidental granting the petition for naturalization
of appellee Juan Yap. Appellant maintains that
petitioner does not have a lucrative trade or occupation, and that his witnesses
are not credible persons.

Indeed, it is admitted that
petitioner owns no real estate whatsoever. Moreover, his only income is P150.00
a month, as a weigher in the Western Products, Co.,
Inc. As we ruled in Ong vs. Republic (111 Phil.,
1034), such income is insufficient to warrant the conclusion that he has a
lucrative trade, particularly considering that he has to support a wife and
three children (Jew Chong vs. Republic, 111 Phil. 1054; Tan
vs. Republic 112 Phil. 131;
Sy Cesar vs. Republic, G. R. No. L-14009,
May 31,
1961
; Ong
Tai vs. Republic, G. R.
No.
L-19418,
December 23,
1964
).

Again, petitioner’s character
witnesses were Benedicto Labastida and Severo E. Banci. The former is an
administrative deputy in the office of the city treasurer of
Ozamis City, whereas the latter had been its
municipal treasurer from 1923 to 1930. The records do not show that petitioner
has complied with his duty to prove affirmatively that these witnesses enjoy
such a general reputation for honesty and integrity as to qualify them, to the
extent required by the Naturalization Law, to vouchsafe for herein applicant
appellee as one suitable for naturalization (Te Tay Seng vs. Republic, 117 Phil. 528; Sehwani vs. Republic, G. R. No. L-18219,
December 27,
1963
; Ong
Ling Chuan vs. Republic, G.
R. No.

L-18550,
February 28,
1964
).

WHEREFORE, the decision appealed from is
hereby reversed, with costs against the petitioner.

IT IS SO
ORDERED
.

Bengzon, C. J., Bautista Angelo, Reyes,
J.B.L., Barrera, Paredes, Regala, Makalintal, Bengzon, J.P.
and Zaldivar, JJ., concur.