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PHILIPPINE SUPREME COURT DECISIONS

EN BANC

[G.R. No. L-20811. July 26, 1966.]

IN THE MATTER OF THE PETITION FOR ADMISSION TO PHILIPPINE CITIZENSHIP. JULIO LIM alias JUAN TAN alias JULIONG LIM, Petitioner-Appellee, v. REPUBLIC OF THE PHILIPPINES, Oppositor-Appellant.

Solicitor General Arturo A. Alafriz, Assistant Solicitor General F. R. Rosete & Solicitor J. M. Lantin for Oppositor-Appellant.

Alfonso L. Penaco for Petitioner-Appellee.


SYLLABUS


1. NATURALIZATION; LUCRATIVE INCOME REQUIREMENT. — Even where petitioner is single, P3,600-a-year income is below the level of the lucrative. Petitioner with a wife and 4 children is certainly in a worse position.

2. ID.; USE OF DIVERS NAMES WITHOUT JUDICIAL AUTHORIZATION. — Petitioner’s use of divers names without judicial authorization is a violation of Section 1 of Commonwealth Act No. 142 regulating the use of aliases.

3. ID.; ABSENCE OF SUFFICIENT EVIDENCE OF TRUE NAME. — Absence of sufficient evidence of true name will bar grant of citizenship.

4. ID.; PERSON’S REAL NAME. — The name appearing in the civil register, for legal purposes, is a person’s real name.


D E C I S I O N


SANCHEZ, J.:


The judgment below found that petitioner is entitled to Philippine citizenship. The State appealed. Upon three grounds, judgment must be reversed.

Petitioner’s average income is P300.00 a month. His monthly income at the time of the filing of his petition was but P250.00. Decidedly, both are notches below the level of the lucrative. Even where petitioner is single, P3,600-a-year income fails of the statutory requirement. 1 Petitioner with a wife and 4 children is certainly in a worse position.

Petitioner bears a number of names: Julio Lim, Juan Tan and Juliong Lim. He also signs his name as Julio Y. Lim. 2 In his check up certificate [NICA] dated August 31, 1953 3 he is also known as Juliong Tan. Petitioner’s use of these divers names is without judicial authorization and is a violation of Section 1 of Commonwealth Act 142 regulating the use of aliases. 4

Worse, he adduced no evidence as to his actual name appearing in the civil register, although he was born in Malitbog, Leyte. The name appearing in the civil register, for legal purposes is a person’s real name. 5 We rule that absence of sufficient evidence of true name will bar grant of citizenship.

Judgment reversed; petition denied. Costs against petitioner. So ordered.

Concepcion, C.J., J.B.L. Reyes, Barrera, Dizon, Regala, Makalintal, J.P. Bengzon, Zaldivar and Castro, JJ., concur.

Endnotes:



1. Uy v. Republic, L-20208, June 30, 1965; Tan v. Republic, L-19694, March 30, 1965.

2. Record, pp. 12, 31.

3. Exh. I.

4. Wayne Chang v. Republic, L-20713, April 29, 1966, citing Teen Eng Lee v. Republic, L-17918, November 28, 1962.

5. Ng Yao Siong v. Republic, L-20306, March 31, 1966, citing Chomi v. Local Civil Registrar of Manila, 99 Phil. 1004; Off. Gaz., No. 15, pp. 6541, 6543.

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