GR L 34995; (June, 1974) (Digest)
G.R. No. L-34995. June 28, 1974.
IN THE MATTER OF THE PETITION TO BECOME A FILIPINO CITIZEN, FELIX ONG, petitioner-appellee, vs. REPUBLIC OF THE PHILIPPINES, oppositor-appellant.
FACTS
Felix Ong filed a petition for naturalization as a Filipino citizen. The lower court granted his application, finding him sincere and a potential asset to the country. The court noted that Ong was married with five children, aged ten years down to five months, and worked as a businessman with an average annual income of P8,168.91.
The Republic of the Philippines appealed the decision, opposing the grant of citizenship. The oppositor-appellant contended that the lower court should have denied the application on several grounds, including the petitioner’s failure to establish that he possessed a lucrative income, a statutory requirement for naturalization.
ISSUE
Whether or not the lower court erred in granting Felix Ong’s petition for naturalization despite his failure to prove that he had a lucrative income, as required by law.
RULING
The Supreme Court reversed the lower court’s decision and dismissed the petition for naturalization. The Court anchored its ruling on the applicant’s failure to satisfy the legal requirement of having a “lucrative income” or “lucrative employment.”
The Court clarified the legal standard for “lucrative employment,” as previously defined in Swee Din Tan v. Republic. It is not merely gainful employment that covers ordinary necessities. It must provide an income with an appreciable margin over expenses to ensure adequate support during unemployment, sickness, or disability, thereby preventing the individual from becoming a public charge. Applying this standard, the Court found Ong’s income of P8,168.91 insufficient for a family with a wife and five dependent children. The Court cited its precedent in Keng Giok v. Republic, where an applicant with a higher income of P8,687.50, also supporting a wife and five children, was denied citizenship. Given the increased cost of living, Ong’s financial capacity was even more inadequate.
Since the absence of a lucrative income alone was a fatal defect warranting denial, the Supreme Court found it unnecessary to resolve the Republic’s other objections. The petition was dismissed for failure to meet an essential statutory qualification.