[ G.R. No. L-17316, November 29, 1962 ]
CHIN HUA, PETITIONER-APPELLEE, VS. REPUBLIC OF THE PHILIPPINES, OPPOSITOR-APPELLANT
D E C I S I O N
PETITION for Naturalization.
Petitioner, a Chinese born citizen was granted a petition for Naturalization by the trial court. The petition was supported by the affidavits of a lawyer and a chemical engineer aside from a showing that petitioner had all. the qualifications and none of the disqualifications for naturalization. Due to the foregoing, the court ordered that after two years and proper hearing, pursuant to Republic Act No. 530, petitioner be allowed to take the oath of allegiance and be issued the corresponding certificate of naturalization.
One of the qualifications required by law to become a citizen of the Philippines by naturalization is that petitioner must own real estate in the Philippines worth not less than P5,000.00 or he must have a known lucrative trade, profession, or lawful occupation. Petitioner does not possess this qualification because he has not shown that he possesses a lucrative profession or a gainful occupation for the reason that he does not own any real estate in the Philippines and his only source of income is his employment where he receives a monthly salary of P145.00.
The chemical engineer proved to be not qualified as a character witness for he came to know petitioner during the Japanese occupation but he has not had regular association with him except only in the later part of 1948 and there is nothing to show regarding their association from 1948 up to the date he testified in this case.
SUMMARY
Petitioner, a Chinese born citizen was granted a petition for Naturalization by the trial court. The petition was supported by the affidavits of a lawyer and a chemical engineer aside from a showing that petitioner had all. the qualifications and none of the disqualifications for naturalization. Due to the foregoing, the court ordered that after two years and proper hearing, pursuant to Republic Act No. 530, petitioner be allowed to take the oath of allegiance and be issued the corresponding certificate of naturalization.
RULING
One of the qualifications required by law to become a citizen of the Philippines by naturalization is that petitioner must own real estate in the Philippines worth not less than P5,000.00 or he must have a known lucrative trade, profession, or lawful occupation. Petitioner does not possess this qualification because he has not shown that he possesses a lucrative profession or a gainful occupation for the reason that he does not own any real estate in the Philippines and his only source of income is his employment where he receives a monthly salary of P145.00.
The chemical engineer proved to be not qualified as a character witness for he came to know petitioner during the Japanese occupation but he has not had regular association with him except only in the later part of 1948 and there is nothing to show regarding their association from 1948 up to the date he testified in this case.