Title
Tiong vs. Republic
Case
G.R. No. L-6274
Decision Date
Feb 26, 1954
Domingo Tiong, a Chinese national residing in the Philippines for 27 years, sought naturalization. Despite irregular income from his father's business and living with parents, the Supreme Court ruled his occupation lucrative, affirming his eligibility based on moral character, language fluency, and adherence to Philippine principles.
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Case Digest (G.R. No. L-6274)

Facts:

Background of the Petitioner:

  • Domingo Tiong was born on July 20, 1924, in Manila to Chinese parents.
  • He is married to Pacita Gotianuy, who was born in Cebu City, and they reside at 940 Santol, Santa Mesa, Manila.
  • He has resided continuously in the Philippines for over 27 years and in Manila for at least one year before filing his petition for naturalization.

Employment and Income:

  • Domingo Tiong has been employed in his father's business firm since 1945.
  • He testified that he receives an annual salary of P3,000, though he clarified that this is not a regular monthly salary but rather advances he can take when needed.
  • He and his family live with his parents, who provide them with free board and lodging.

Qualifications for Naturalization:

  • Domingo Tiong is fluent in English and Tagalog.
  • He believes in the principles underlying the Philippine Constitution.
  • He has conducted himself in a proper and irreproachable manner during his residence in the Philippines.
  • He has mingled socially with Filipinos and has shown a sincere desire to embrace Filipino customs, traditions, and ideals.
  • He is not opposed to organized government, does not advocate violence, and is not a polygamist.
  • He has not been convicted of any crime involving moral turpitude and is not suffering from any incurable contagious disease.
  • He intends to renounce his allegiance to China and become a citizen of the Philippines.

Witness Testimonies:

  • Vicente Carino and Pascual A. Veron Cruz testified that they have known Domingo Tiong since 1940.
  • They confirmed his continuous residence in the Philippines, his good moral character, and his qualifications for naturalization.

Issue:

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Ruling:

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Ratio:

The Court's decision was based on the following reasoning:

  • The requirement of a "lucrative trade, profession, or lawful occupation" does not necessitate a fixed monthly salary. Advances on an annual compensation, as in Domingo Tiong's case, are sufficient.
  • Living with parents and receiving free board and lodging are additional benefits that do not disqualify the petitioner from meeting the lucrative occupation requirement.
  • The petitioner's other qualifications, including his good moral character, fluency in local languages, and adherence to Philippine principles, further support his eligibility for naturalization.


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