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:
...continue readingCase Digest (G.R. No. L-24782)
Facts:
The petitioner, Sia Faw alias Sia Fow alias Gaspar Sia, a citizen of the Republic of China, filed a petition for naturalization in the Court of First Instance of Leyte on September 15, 1961. He claimed to have been born in Canton, China on November 29, 1935, and came to the Philippines on January 27, 1939. He stated that he resided continuously in Mabini St., Ormoc City, and had finished a Bachelor of Science in Mechanical Engineering. He also mentioned that he was single and employed in Walter Johnson & Co., with a salary of P250.00 a month, including free board and lodging.
After a trial, the court granted the petition on June 14, 1962, despite opposition from the Republic through the City Fiscal. The Fiscal's appeal from the decision was denied for being filed out of time. Two years later, on August 3, 1964, the petitioner filed a motion to declare the judgment final and executory, requesting to take his oath and be issued his certificate of naturalization. The court set the motion for hearing on September 1, 1964, and subsequently issued an order on the same day declaring its decision final and executory, allowing the petitioner to be admitted as a Filipino citizen after taking the oath.
However, the Solicitor General filed an opposition to the oath-taking on September 7, 1964, and the Fiscal moved for a rehearing on September 10, 1964, based on the objections raised by the Solicitor General regarding the pe...