G.R. No. L-19582 - Uy Ching Ho vs. Republic

Petitioner Uy Ching Ho, born in Amoy, China on June 1, 1914, sought Filipino citizenship by filing a petition before the Court of First Instance of Negros Oriental.
The court a quo granted the petition on December 22, 1961, subject to the two-year limitation provided by law, a ruling later challenged by the government.

Arrived in Cebu City on February 26, 1926, and shortly thereafter moved to Valencia, Negros Oriental, residing there until January 1929.
Surrendered his landing certificate and was issued an immigration certificate of residence.
Since January 1929, he has remained at Alfonso Street, Dumaguete City, establishing a long-term presence in the Philippines.

Educational background includes completion of seventh grade at the Bais Elementary School and first year high school at the Negros Oriental Provincial High School.
Married Howa Lu on October 22, 1950, and has five children: Anthony (9 years), Benjamin (8 years), Annabel (6 years), Vivian (4 years), and Celso (2 years).
Although a Roman Catholic with all his children baptized as Catholics, petitioner shows a multicultural integration, having social and familial interactions with Filipinos.

Petitioner has been a merchant since January 1950 and previously worked as a salesman for the Du An Sim Store in Dumaguete City.
Income records indicate earnings of P4,659.88 in 1958, P6,971.27 in 1959, and P7,799.34 in 1960, figures later questioned for constituting a “lucrative occupation.”
He owns the building where his store is located in the Dumaguete public market and has been prompt in tax payments and business regulations.

Petitioner asserted that he had never committed crimes involving moral turpitude and maintained that he conducted himself in a proper and irreproachable manner throughout his residence.
Testimonies were given by two witnesses, Ligorio Luzada and Eleuterio Katada, who testified to his good moral character, law-abiding nature, and cordial relations with the Filipino community.
Both witnesses, however, stated they only became acquainted with petitioner since 1940, which leaves a significant evidentiary gap, given his residence dating back to 1926.
Additional circumstantial evidence includes his involvement in civic, charitable, and religious organizations, and the enrollment of his children in the Dumaguete Chinese School—a recognized institution offering Filipino subjects, albeit with a predominantly non-Filipino student body.

Whether the sworn testimonies of the two witnesses, who only became acquainted with petitioner from 1940 onward, satisfactorily establish his conduct as proper and irreproachable for the entire period of his residence in the Philippines.
If the evidence provided is adequate to prove that petitioner adhered to the constitutional and statutory requirements for claiming Filipino citizenship.

Whether petitioner’s earnings, as evidenced by his income records for 1958, 1959, and 1960, are sufficient to meet the legal definition of a “lucrative occupation,” especially considering the financial responsibilities of supporting a wife and five minor children.
The implications of enrolling his school-age children in a predominantly Chinese institution, which may reflect on his genuine assimilation and desire to adopt Filipino customs.