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PHILIPPINE SUPREME COURT DECISIONS

EN BANC

[G.R. No. L-19581. April 29, 1966.]

IN THE MATTER OF THE PETITION OF SUSANO SY TO BE ADMITTED A CITIZEN OF THE PHILIPPINES, SUSANO SY, Petitioner-Appellee, v. REPUBLIC OF THE PHILIPPINES, Oppositor-Appellant.

Gamiano M. Eleccion for petitioner and appellee.

Solicitor General Arturo A. Alafriz, Assistant Solicitor General Pacifico P. de Castro and Solicitor F.J. Bautista, for the oppositor and appellant.


SYLLABUS


1. NATURALIZATION; REQUIREMENT; INCOME; APPLICANT MUST HAVE LUCRATIVE INCOME. — An applicant whose income is P3,000 00 does not have a "lucrative" trade, profession or occupation as required by the Naturalization Law, and may not be admitted to Philippine citizenship.


D E C I S I O N


BENGZON, J.:


The Republic has appealed the decision of the court of first instance of Negros Oriental granting the petition for naturalization of Susano Sy. It maintains that said petitioner does not possess all the qualifications required by law.

The record shows that for the years preceding his petition (1958, 1959, 1960 and 1961), 1 Susano Sy’s average annual income was only P3,000.00. Under our recent rulings, he does not have a "lucrative" trade or occupation, and may not be admitted to Philippine citizenship.

1. Uy v. Republic, L-20208, June 30, 1965. An applicant having an income of P3,600 per annum, though unmarried, does not have a "lucrative" occupation.

2. Uy v. Republic, L-20799, November 29, 1965. Applicant for naturalization earning P250.00 per month, does not have a "lucrative" income.

Wherefore, without the need of considering the other objections raised by the Solicitor-General, we hereby reverse the appealed decision. The petitioner’s application for naturalization is denied, with costs against him.

Bautista Angelo, Concepcion, Reyes, J.B.L., Barrera, Dizon, Regala, Makalintal, Bengzon, J.P. and Sanchez, JJ., concur.

Zaldivar, J., took no part.

Endnotes:



1. 1958 — P3044; 1959 — P3328; 1960 — P2065; 1961 — P3600.

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