G.R. No. L-20811 - IN RE: Lim vs. Republic

Very Short 2 min

0.1x of typical case length

124 Phil. 84

[ G. R. No. L-20811. July 26, 1966 ]

IN THE MATTER OF THE PETITION FOR ADMISSION TO PHILIPPINE CITIZENSHIP, JULIO LIM ALIAS JUAN TAN ALIAS JULIONG LIM, PETITIONER-APPELLEE, VS. REPUBLIC OF THE PHILIPPINES, OPPOSITOR AND APPELLANT.

D E C I S I O N

SANCHEZ, J.:

The judgment below found that petitioner is entitled to Philippine citizenship. The State appealed . Upon three grounds, judgment must be reversed.

Petitioner's average income is P300. 00 a month. His monthly income at the time of the filing of his petition was but P250.00. Decidedly, both are notches below the level of the lucrative. Even where petitioner is single, P5, 600-a-year income fails of the statutory requirement.¹ Petitioner with a wife and 4 children is certainly in a worse position.

Petitioner bears a number of names; Julio Lim, Juan Tan and Juliong Lira. He also signs his name as Julio Y. Lim.² In his check up certificate [NICA] dated August 31, 1953 ³ he is also known as Juliong Tan. Petitioner's use of these divers names is without judicial authorization and is a violation of Section 1 of Commonwealth Act 142 regulating the use of aliases. ⁴

Worse, he adduced no evidence as to his actual name appearing in the civil register, although he was born in Malitbog, Leyte. The name appearing in the civil register, for legal purposes is a person's real name, ⁵ We rule that absence of sufficient evidence of true name will bar grant of citizenship.

Judgment reversed; petition denied.' Costs against petitioner.

SO ORDERED.

Concepcion, C. J., Reyes, J.B.L., Barrera, Dizon, Regala, Makalintal, Bengzon, J.P., Zaldivar and Ruiz Castro, JJ., concur.

¹ Uy vs. Republic L-20208, June 30, 1965; Tan vs. Republic, L-19694, March 30, 1965.

² Record, pp. 12, 31.

³ Exh. 1

⁴ Wayne Chang vs. Republic, L-20713, April 29, 1966, citing Teen Eng Lee vs. Republic, L-17918, November 28, 1962.

⁵ Ng Yao Siong vs. Republic, L-20306, March 31, 1966, citing Chomi vs. Local Civil Registrar of Manila, 99 Phil. 1004; 52 Off. Gaz., No. 15, pp. 6541, 6543.

END

[ G. R. No. L-20811. July 26, 1966 ]

IN THE MATTER OF THE PETITION FOR ADMISSION TO PHILIPPINE CITIZENSHIP, JULIO LIM ALIAS JUAN TAN ALIAS JULIONG LIM, PETITIONER-APPELLEE, VS. REPUBLIC OF THE PHILIPPINES, OPPOSITOR AND APPELLANT. D E C I S I O N

IN THE MATTER OF THE PETITION FOR ADMISSION TO PHILIPPINE CITIZENSHIP, JULIO LIM ALIAS JUAN TAN ALIAS JULIONG LIM, PETITIONER-APPELLEE, VS. REPUBLIC OF THE PHILIPPINES, OPPOSITOR AND APPELLANT.

D E C I S I O N