Ho v. Republic Of The Philippines

BARRERA, J.:

The Republic appeals from the decision of the court of First Instance of Lanao (in Nat. Case No. 716), admitting petitioner Ngo Bun Ho, alias Guica, to Philippine citizenship. The records disclose the petitioner was born in Hosan, Amoy, China, on November 3, 1908.

He immigrated to and arrived in the Philippines aboard the S.S. Susana, in April, 1919. Since his said arrival, he has been residing here (at Marawi City) continuously for more than 30 years. During said period, he had been married 3 times.

His first with was Anastacia Tormis, whom he married in 1928 and with whom he has 8 children, namely, Consolacion, Jose, Enecita, Nicanora, Restituta, Genoveva, Florentino, and Quintin, all surnamed Ngo.123 As character witnesses, petitioner presented Hadji Mender Ampuan, a farmer at Madaya, Marawi City, and Valentin Daligcon, Clerk of the Municipal Court of Marawi City. We find the Republic's appeal meritorious. It appears that as a merchant or businessman, petitioner's annual income is only P3,000.00.

Said business or occupation can hardly be considered lucrative under Section 2(4) of the Revised Naturalization Law considering that petitioner has 7 children (all of school age and actually attending private schools, with petitioner paying schools' fees for them), aside from himself, to support (See Lo Chicombing vs. Republic, L-13347, August 31, 1961; and Almonte Uy vs. Republic, L-15274, September 30, 1960, citing Swee Din Tan vs. Republic, L-13177, August 31, 1960). Furthermore, it appears that petitioner had been delinquent in the payment of his license tax on liquor in 1957,4 and had violated the Minimum Wage Law,5 which delinquency (although compromised) and violation (although amicably settled), prove that, petitioner has not "conducted himself in a proper and irreproachable manner during the entire period of his residence in the Philippines in his relation with the constituted government as well as with the community in which he is living,"

as required in Section 2(3) of the Revised Naturalization Law.

WHEREFORE, the petition is denied, and the decision of the trial court is hereby reversed and set aside, without costs. So ordered. Bengzon, C.J., Padilla, Bautista, Angelo, Labrador, Concepcion, Reyes J.B.L., Paredes, Dizon and De Leon, JJ., concur. Footnotes 1 Their ages at date of hearing are 26, 25, 23, 21, 20, 19, 18, and 15, respectively. 2 12 years old at date of hearing. 3 6 years old at date of hearing. 4 tsn, pp. 41-56, hearing of Oct. 16, 1958; see also Exhs. 4 and R, p. 298, Record. 5 tsn, pp. 56-75, hearing of Oct. 16, 1958; see also Exhs. 9 to 11, pp. 304-307, Record.