- Title
- IN RE: Ho Ngo vs. Republic
- Case
- G.R. No. L-24335
- Decision Date
- Nov 18, 1967
- Ho Ngo's petition for naturalization as a Filipino citizen is denied due to his failure to disclose previous places of residence, use of aliases without judicial authority, and insufficient income to support his family.
129 Phil. 205
[ G.R. No. L-24335. November 18, 1967 ] IN THE MATTER OF THE PETITION TO BE ADMITTED A CITIZEN OF THE PHILIPPINES. HO NGO, PETITIONER-APPELLANT, VS. REPUBLIC OF THE PHILIPPINES, OPPOSITOR-APPELLEE.
D E C I S I O N
D E C I S I O N
CASTRO, J.:
On
Hence this appeal.
The order of
1. Hos petition for naturalization is fatally defective. It does not state his previous places of resident, namely, Alabat, Tayabas (now Quezon), no. 13 9 de Febrero, Mandaluyong Rizal, and
2. In the publication of the petition, Ho's aliases, "Wong Sing" and "Cheng", which he was using without judicial authority in violation of the Anti-Alias Law, were omitted. This omission adversely affects the validity of the naturalization proceedings, constitutes a serious impediment to the grant of naturalization, and impairs the jurisdiction of the lower court.
3. The petitioner does not have a lucrative or gainful employment. His income tax returns for 1960-1963, a period of four years, show a total income of P36,235. Deductible therefrom, not forming part of lucrative income, is the amount of P4,200 which he received as bonus. This, leaves a balance of P32,035.00. He had, therefore, an average annual income of P8,008.00, or an average monthly income of about P667. With a wife and eight children to support, six of the latter in school, five of them enrolled in the
The petitioner is the sole breadwinner of the family and works at the Great Eastern Hotel and at the Holsum Foods Inc. at an average of 15 hours a day, with scarcely enough time for rest and sleep. Should he fall ill because of deterioration of his health, he, his wife and children could become public charges or the objects of charity.
The preceding disquisition makes it unnecessary for us to pass upon the other errors imputed to the lower court.
ACCORDINGLY, the order a quo of
Ho Ngo, petitioner vs. Republic of the
Dalmacio Cheng vs. Republic, L-20013,
Ao San vs. Republic, L-21128,
Celerino Yu Seco vs. Republic, L-13441,
Ang Tee Yee vs. Republic, L-20305,
Bonus does not come up to the category of lucrative income, being purely contingent, accidental or incidental; it springs from the purely voluntary actuations of an employer; it is conditioned to the circumstance that the latter was making profit. (Yu Kian Chie vs. Republic, L-20169, Feb. 26, 1965).
Felix Tan vs. Republic, L-19580,