Case Digest (G.R. No. L-11362)
Facts:
- The case "In re Lim Ham Yong v. Republic" was decided by the Supreme Court of the Philippines on May 27, 1959, under G.R. No. L-11362.
- Petitioner Simeon Lim Ham Yong, a Chinese-born individual, filed for naturalization on May 5, 1953, in the Court of First Instance of Cebu.
- Born on January 6, 1930, in Cebu City to Chinese parents, Lim had lived in the Philippines most of his life, with a brief visit to China at age four.
- He completed elementary education in Leyte, graduated high school from the University of San Carlos in Cebu, and earned a Bachelor of Science in Civil Engineering from Mapua Institute.
- At the time of trial, Lim was employed by Building Craft Construction Company, earning P200.00 monthly, and was a stockholder in the company.
- He was also studying commerce at the University of San Carlos, was single, and proficient in English, Cebuano, Visayan, and Tagalog.
- The Republic of the Philippines, represented by the Solicitor General, opposed Lim's petition, arguing he was unqualified due to his student status and the lower court's error in admitting employment evidence not included in the original petition.
- Despite the opposition, the lower court granted Lim's petition for naturalization after trial.
Issue:
- (Unlock)
Ruling:
- The Supreme Court affirmed the lower court's decision to grant the petition for naturalization.
- The Court ruled that Lim was qualified for naturalization, having demonstrated his employment during the trial, addressing any deficiencies regarding the requirement for a lucrative trade or occupation. ...(Unlock)
Ratio:
- The Court's ruling emphasized that qualifications for naturalization should be assessed at the time of trial, not at the filing of the petition.
- Although Lim's initial petition did not mention his lucrative trade or occupation, the lack of ...continue reading
Case Digest (G.R. No. L-11362)
Facts:
The case titled "In re Lim Ham Yong v. Republic" was adjudicated by the Supreme Court of the Philippines on May 27, 1959, under G.R. No. L-11362. The petitioner, Simeon Lim Ham Yong, a Chinese-born individual, initiated a petition for naturalization in the Court of First Instance of Cebu on May 5, 1953. Born in Cebu City on January 6, 1930, to Chinese parents, Lim had spent the majority of his life in the Philippines, with only a brief visit to China at the age of four in 1934. He completed his elementary education in Leyte, graduated from high school at the University of San Carlos in Cebu, and earned a Bachelor of Science degree in Civil Engineering from the Mapua Institute. At the time of the trial, Lim was employed by the Building Craft Construction Company, earning a monthly salary of P200.00, and was also a stockholder in the same company. Additionally, he was pursuing studies in commerce at the University of San Carlos, was single, and demonstrated proficiency in English, Cebuano, Visayan, and Tagalog. The Republic of the Philippines, represented by the Solicitor General, opposed Lim's petition, contending that he was not qualified for naturalization due to his status as a student at the time of filing and that the lower court had erred in admitting evidence of his employment, which was not included in his ori...