Case Summary (G.R. No. L-19582)
Background and Personal History of the Petitioner
Uy Ching Ho was born on June 1, 1914, in Amoy, China, and arrived in the Philippines on February 26, 1926. After a brief period in Cebu City, he settled in Valencia, Negros Oriental, and subsequently moved to Dumaguete City, where he has resided since 1929. He completed primary education up to the first year of high school, married Howa Lu in 1950, and has five children, all born and baptized in Dumaguete. Throughout his more than 34 years in the Philippines, Uy has not returned to China.
Economic and Social Contributions
Uy Ching Ho has been engaged in business as a merchant since January 1950 and owns property where his store operates in the Dumaguete public market. His reported income shows a gradual increase from 1958 to 1960. Additionally, he is actively involved in the local community, aiding civic, charitable, and religious organizations, and encouraging his children to attend the Dumaguete Chinese School, recognized for teaching Philippine history and civics.
Character Witnesses and Testimonies
Two character witnesses, Ligorio Luzada and Eleuterio Katada, provided testimonials regarding Uy’s character, emphasizing his moral integrity and law-abiding nature. However, both witnesses had known Uy only since 1940, resulting in a significant gap in testimonial evidence regarding his character prior to that date, which the court deemed insufficient to meet the requirements for naturalization.
Government's Position and Legal Requirements
The government contested the initial granting of citizenship, arguing that the petitioner failed to demonstrate proper conduct throughout his entire residency in the Philippines, as mandated by law. The court established that the requirement for character witnesses involves proving the applicant’s good moral character and irreproachable conduct covering their entire period of residence, which was not adequately supported by evidence.
Gaps in Evidence and Financial Stability
The court highlighted the insufficiency of evidence regarding Uy’s conduct prior to 1940, considering the significant interval of 14 years during which no relevant character testimony was provided. Furthermore, the petitioner’s financial status was also scrutinized; despite having a wife and five minor children, Uy’s income from 1958 to 1960 was deemed inadequate for supporting a family, failing to meet the threshold of a “lucrative occupation” as required by the law.
Assessment of Cultural Assimilation
The choice of educational institution for Uy’s children, predominantly comprised of Chinese or foreign students, raised questions about
...continue readingCase Syllabus (G.R. No. L-19582)
Case Citation
- 121 Phil. 402
- G. R. No. L-19582
- March 26, 1965
Parties Involved
- Petitioner/Appellee: Uy Ching Ho
- Opposer/Appellant: Republic of the Philippines
Background of the Case
- Uy Ching Ho filed for Philippine citizenship in the Court of First Instance of Negros Oriental.
- On December 22, 1961, the lower court granted his petition, subject to a two-year limitation by law.
- The government appealed the decision.
Personal History of the Petitioner
- Uy Ching Ho was born in Amoy, China on June 1, 1914.
- Arrived in Cebu City on February 26, 1926, and later moved to Valencia, Negros Oriental.
- Resided in Dumaguete City since January 1929.
- Surrendered his landing certificate for an immigration certificate of residence.
- Education included completing the seventh grade and one year of high school.
Family and Community Integration
- Married Howa Lu on October 22, 1950; they have five children, all born in Dumaguete.
- Children: Anthony (9), Benjamin (8), Annabel (6), Vivian (4), and Celso (2).
- All children were baptized as Catholics with Filipino sponsors.
- His children are attending Dumaguete Chinese School, which teaches Philippine history and civics.
Economic Background
- Uy Ching Ho owns a building where his store is located at the Dumaguete public market.
- Started as a merchant in January 1950 after working as a salesman.
- Reported incomes:
- 1958: P4,659.88
- 1959: P6,971.27
- 1960: P7,799.34
Character and Conduct
- Claims to have conducted himself properly t