Case Digest (G.R. No. L-28541)
Facts:
- Petition for naturalization filed by Lim Biak Chiao
- Lower court granted his plea for naturalization on October 17, 1966
- Republic of the Philippines appealed the decision
- Argument: Lim Biak Chiao failed to establish good moral character and a lucrative income
Issue:
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Ruling:
- Court ruled in favor of the Republic of the Philippines
- Reversed the ...(Unlock)
Ratio:
- Good moral character:
- Alien seeking Filipino citizenship must satisfy every requirement of the Naturalization Act
- State has the exclusive competence to determine who shall be granted citizenship and may prescribe the conditions and steps to be taken
- Petitioner must faithfully comply with every requirement, including proving good moral character
- Previous cases held that good moral character should be alleged and proved
- Lucrative employment or occupation:
- Naturalization Act requires the petitioner to be worth either not less than P5,000.00 or to have some known lucrative trade, profession, or lawful occupation
- Lucrative employment defined as gainful employment that provides an income with an appreciable margin over expenses
- Income should allow for adequate support in the event of unemployment, sickness, or disability
- Petitioner's financial condition must allow them and their family to live with reasonable comfort and in accor...continue reading
Case Digest (G.R. No. L-28541)
Facts:
The case of In re: Lim Biak Chiao v. Republic involves an appeal by the Republic of the Philippines against a lower court decision granting naturalization to Lim Biak Chiao. The lower court found that Lim Biak Chiao possessed all the qualifications and none of the disqualifications for citizenship and had complied with all the requirements of the law. However, the Republic argued that the lower court erred in not dismissing the petition due to the lack of an allegation that Lim Biak Chiao was a person of good moral character and his failure to establish a lucrative employment or occupation.
Issue:
The main issues raised in the case are as follows:
- Whether or not the failure to allege good moral character in the petition for naturalization warrants its dismissal.
- Whether or not Lim Biak Chiao's income meets the requirements of a lucrative employment or occupation under the Naturalization Law.
Ruling:
The court reversed the lower court's decision to grant naturalization to Lim Biak Chiao.