Title
IN RE: Sia Faw vs. Republic
Case
G.R. No. L-24782
Decision Date
Nov 17, 1967
A Chinese petitioner's application for naturalization in the Philippines is denied by the Supreme Court due to his failure to meet the requirement of a lucrative trade or profession, as his income did not exceed the statutory minimum.
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Case Digest (G.R. No. L-24782)

Facts:

  • Sia Faw filed a petition for naturalization in the Court of First Instance of Leyte on September 15, 1961.
  • He stated that he was born in Canton, China on November 29, 1935, came to the Philippines on January 27, 1939, and resided continuously in Mabini St., Ormoc City.
  • Sia Faw claimed to have finished a Bachelor of Science in Mechanical Engineering and was single and employed in Walter Johnson & Co. with a salary of P250.00 a month, including free board and lodging.
  • The Republic filed an opposition to the petition, but the court granted it on June 14, 1962.
  • The Republic's appeal from the decision was denied for being filed out of time.
  • Sia Faw filed a motion to declare the judgment final and executory on August 3, 1964, requesting to take his oath and be issued his certificate of naturalization.
  • The court granted the motion on September 1, 1964, but the Solicitor General filed an opposition to the oath-taking, raising objections to Sia Faw's good moral character and lucrative income.
  • The court denied the motion for rehearing, and the Solicitor General appealed to the Supreme Court.

Issue:

  • (Unlock)

Ruling:

  • The Supreme Court reversed the appealed order, denied the petition to take oath, and denied the petition for naturalization.
  • Sia Faw did not meet the requirement of a lucrative trade, profession, or lawful occupation.
  • His income of P250.00 a month, including free board and lodging, was not considered lucrative, especially for an unmarried applicant.
  • The court cited previous cases where it was ruled that even an income of P200.00 a mon...(Unlock)

Ratio:

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