G.R. No. 200983 – 756 Phil. 309 – Political Law – Constitutional Law – General Principles – Elements of a State – People; Citizens – Naturalization – Procedure; Requirements – Lucrative Income – Good Moral Character
In 1976, Huang Te Fu, a Taiwanese, arrived in the Philippines by plane from Taiwan. He has since stayed here. He obtained elementary, secondary, and college education here. He worked in their lucrative family business (manufacture of zippers) and that he earns Php15,000.00 to Php18,000.00 a month. He married a Filipina and had two children with her. He even obtained real property in the Philippines. In 2004, he notified the Solicitor General of his intention to be naturalized. In 2005, he filed a Petition for Naturalization. The trial court granted his Petition. The Court of Appeals affirmed the trial court.
The Solicitor General is questioning the grant of the Petition on the grounds, among others, that there was no proof that Huang Te Fu is engaged in a lucrative occupation and that he is not of good moral character because when he obtained real property, he indicated that he was a Filipino in the deed of sale despite the fact that he was not.
ISSUE: Whether or not the grant of Huang Te Fu’s petition for naturalization should be reversed.
HELD: Yes. An applicant for naturalization must show full and complete compliance with the requirements of the naturalization law; otherwise, his petition for naturalization will be denied. Courts must always be mindful that naturalization proceedings are imbued with the highest public interest. Naturalization laws should be rigidly enforced and strictly construed in favor of the government and against the applicant. The burden of proof rests upon the applicant to show full and complete compliance with the requirements of law. One requirement for an alien to be naturalized is the possession of a lucrative income or business.
“Lucrative trade, profession, or lawful occupation” means “not only that the person having the employment gets enough for his ordinary necessities in life. It must be shown that the employment gives one an income such that there is an appreciable margin of his income over his expenses as to be able to provide for an adequate support in the event of unemployment, sickness, or disability to work and thus avoid one’s becoming the object of charity or a public charge.” His income should permit “him and the members of his family to live with reasonable comfort, in accordance with the prevailing standard of living, and consistently with the demands of human dignity, at this stage of our civilization.”
Here, Huang Te Fu’s income of Php15k to Php18k cannot be considered lucrative. His income is not enough for the support of his family. By his own admission, most of his family’s daily expenses are still shouldered by his parents who own the zipper manufacturing business which employs him. This simply means that Huang Te Fu continues to be a burden to, and a charge upon, his parents; he lives on the charity of his parents. He cannot support his own family on his own. In determining the existence of a lucrative income, the courts should consider only the applicant’s income; his or her spouse’s income should not be included in the assessment. The spouse’s additional income is immaterial “for under the law the petitioner should be the one to possess ‘some known lucrative trade, profession or lawful occupation’ to qualify him to become a Filipino citizen.”
Huang Te Fu’s false declaration under oath in the deed of sale that he is a Filipino citizen is further proof of his lack of good moral character. It is also a violation of the constitutional prohibition on ownership of lands by foreign individuals. His defense that he unknowingly signed the deed is unacceptable. First of all, as a foreigner living in a foreign land, he should conduct himself accordingly in this country – with care, circumspect, and respect for the laws of the host. Finally, as an educated and experienced businessman, it must be presumed that he acted with due care and signed the deed of sale with full knowledge of its import.
