IN THE MATTER OF THE PETITION OF FERNANDO UY TO BE ADMITTED A CITIZEN OF THE PHILIPPINES. FERNANDO UY, PETITIONER AND APPELLEE, VS. REPUBLIC OF THE PHILIPPINES, OPPOSITOR AND AP…

Appeal from a decision of the Court of First Instance of Cagayan,
Honorable Guillermo Dacumos, presiding, declaring that Fernando Uy,
petitioner for naturalization, has all the qualifications and none of
the disqualifications to become a Filipino citizen and, therefore, may
be given a certificate of naturalization.

The evidence of record shows that Fernando Uy is a citizen of
Nationalist China; was born in Tuguegarao, Cagayan in March 29, 1931;
is single and an employee of the Cagayan Times Trading with a monthly
salary of one hundred forty pesos, and owner of shares in the said
Cagayan Times Trading to the value of P5,000. He resided in the
Philippines continuously, finished primary education at the Chinese Ke
Bing High School at Tuguegarao, Cagayan, which is recognized by the
Government. Later he studied in the Chiang Kai Shek High School in
Manila. He speaks and writes English and Ibanag, believes in the
principles underlying the Philippine Constitution, and has conducted
himself in a proper and irreproachable manner during his entire period
of residence in the Philippines. He has mingled socially with the
Filipinos and desires to embrace their customs, traditions and ideals.
He has all the qualifications and none of the disqualifications and is
not opposed to organized government nor affiliated in any association
or any group of persons who uphold and teach doctrines against
organized government, etc.

Two character witnesses testified for petitioner, namely Jose T.
Frogoso and Catalino M. Guzman, the former being an accountant and the
latter a clerk in the office of the municipal treasurer of Tuguegarao,
Cagayan. Frogoso testified that he is an accountant of the Cagayan
Times Trading store in Tuguegarao, Cagayan and came to know the
petitioner when the latter was only seven years old; that he saw him
attending the Chinese Ke Bing High School in Tuguegarao; that the
petitioner is law abiding and is qualified to become a Filipino
citizen; that he knows how to speak and read English and the local
dialect; that he is always with Filipino friends, he is not suffering
from any sickness and he is not a communist, etc. On cross examination
he testified that after petitioner graduated from the Chinese Ke Bing
High School in Tuguegarao, petitioner went to Manila to study and came
back to the province only during vacation time; that the livelihood of
the petitioner is that of an employee of the Cagayan Times Trading
store with a salary of P140 a month.

Catalino Guzman corroborated the testimony of Frogoso as to the fact
that petitioner had studied in the Chinese Ke Bing High School in
Tuguegarao, later studied in Manila and thereafter went back to Cagayan
to work in his father’s store; that petitioner is of a good character,
has never been guilty of any offense, attends Filipino social affairs,
like weddings, and joins many civic activities.

Petitioner himself also took the witness stand and declared that he
is a citizen of the Republic of China under Chiang Kai Shek; that he
writes and speaks English and Ibanag; that he had lived in the
Philippines all his life; that after finishing at the local school he
went to Manila and enrolled in the Chiang Kai Shek High School where he
reached the second year; etc.

Upon the above evidence, the Government having presented no evidence
against the petitioner except Exhibit “1”, which is the specimen of the
handwriting of petitioner, the Court below granted the petition for
naturalization. Against this decision the Government has appealed,
assigning as errors of the court below (1) that petitioner has not the
necessary property nor income qualification, the supposed salary of
P140 a month of petitioner not being sufficient, and (2) that the
witnesses for the petitioner had no sufficient knowledge of the conduct
of the petitioner so as to be able to testify thereto.

We agree with the Government that the court below committed the two
errors above indicated. We have said in various decisions of this Court
that a salary of P140 a month is not sufficient to constitute a
lucrative trade, profession or lawful occupation within the meaning of
Section 2 of the Naturalization Act (Commonwealth Act No. 473). Such
has been our ruling in Velasco vs. Republic, (108 Phil., 234).

Besides, the fact that the petitioner is employed by his parents
themselves does not fully convince us that he in fact has been actually
working with his parents at the salary mentioned, there being no other
evidence except petitioner’s own statement, from the books or records
of the business of his parents that he was actually working and
receiving the salary mentioned.

The second error is also well-founded. The witnesses testified that
they had seen the petitioner while attending in th« local school; but
could not testify as to the conduct of the petitioner while he was
attending high school in the city of Manila, the witnesses for
petitioner only seeing petitioner during vacation time. Consequently
they are not in a position to testify to his conduct after finishing
the local school. When he was in high school petitioner was in the city
of Manila, so his witnesses could not have observed his conduct during
a long period of time.

Wherefore, we find that the petitioner has failed to prove that he
has a lucrative trade or profession and has further failed to introduce
competent witnesses who could testify as to his conduct during all the
time that he has been in the Philippines. The decision of the court
below is, therefore, hereby set aside and the petition for
naturalization denied. Costs against petitioner.

Padilla, Bautista Angelo, Concepcion, Reyes, J. B. L., Barrera, Paredes, and Dizon, JJ., concur.