G.R. No. L-22207

IN THE MATTER OF THE PETITION OF NERIO TAN ALSO KNOWN AS NERIO (BING) TAN, TO BE ADMITTED A CITIZEN OF THE PHILIPPINES. NERIO TAN, PETITIONER AND APPELLANT, VS. REPUBLIC OF THE PHILIPPINES, OPPOSITOR AND APPELLEE. D E C I S I O N

[ G.R. No. L-22207. May 30, 1966 ] 123 Phil. 1190

[ G.R. No. L-22207. May 30, 1966 ]

IN THE MATTER OF THE PETITION OF NERIO TAN ALSO KNOWN AS NERIO (BING) TAN, TO BE ADMITTED A CITIZEN OF THE PHILIPPINES. NERIO TAN, PETITIONER AND APPELLANT, VS. REPUBLIC OF THE PHILIPPINES, OPPOSITOR AND APPELLEE. D E C I S I O N

SANCHEZ, J.:

Application for naturalization. The judgment below was adverse to petitioner. He appealed.

  1. Amongst the grounds relied upon in the judgment under review is that petitioner failed to state in his petition a former place of residence—Cebu City.

Petitioner’s application for naturalization named his present place of residence as Garcia-Hernandez, Bohol. No mention was made of any other place of residence. Concededly, however, he also stayed in Cebu City, For, he completed a one-year course for radio mechanic jn March 1958 and a two-year course for radio operator ending March 1960—in Cebu City.

Section 7 of the Naturalization Law requires that a petition for naturalization state petitioner’s “present and former places of residence.” Residence contemplated in Section 7 encompasses all places where petitioner actually and physically resided.[1] Cebu City where petitioner studied for three years perforce comes within the compass of the term residence. And this, because “information regarding petitioner and objection to his application are apt to be provided by people in his actual, physical surrounding.” [2] Failure to allege a former place of residence is fatal.[3]

  1. Naturalization proceedings involve public interest. In consequence, the entire record thereof is open to scrutiny.[4] We take a look at petitioner’s income.

At the time of his application for naturalization, petitioner’s known income [5] was an annual salary of P2.400.00 plus P600.00 commission.[6] But commission does not figure in reckoning income. Because it is contingent, speculative.[7]

By judicial standards an income of P2.400.00 a year— for a petitioner who is single—is below the level of the lucrative. Reason: The high cost of living and the low purchasing power of money.[8]

We find it unnecessary to dwell on the other points discussed in the briefs.

Judgment affirmed. Costs against petitioner. So ordered.

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

Judgment affirmed.