Tan v. Republic
REITERATIONFacts
1. The Antecedents: The underlying dispute concerns the petition for naturalization of Osmundo Tan alias Mundo. The Government opposed this petition, arguing that Tan lacked the necessary moral character, had not conducted himself irreproachably, and did not possess a lucrative occupation. 2. Procedural History: The case originated from a petition for naturalization filed by Osmundo Tan alias Mundo. The Court of First Instance of Leyte granted this petition. The Republic of the Philippines, as oppositor, appealed this decision to the Supreme Court. 3. The Petition: The Government's appeal, filed under Rule 45, assails the lower court's decision based on two primary grounds: first, that the petitioner failed to demonstrate irreproachable conduct due to his cohabitation with Ludivina Geraldo and the birth of two children from this relationship, and second, that his claimed income as a driver and copra buyer for his father was insufficient to establish a lucrative trade or occupation.
Issue(s)
Whether the petitioner's cohabitation with Ludivina Geraldo and the birth of two children from their relationship constitute conduct that is not proper and irreproachable, disqualifying him from naturalization. Whether the petitioner possesses a known lucrative trade, profession, or lawful occupation sufficient to qualify him for naturalization.
Ruling
The decision of the Court of First Instance of Leyte granting the petition for naturalization is reversed, and the petition is dismissed.
Ratio Decidendi
On the issue of irreproachable conduct: The Court held that the petitioner's cohabitation with Ludivina Geraldo from 1950 to 1957, during which two children were born, constituted illicit relations and improper conduct. The Court found that the promise of marriage was likely a means of seduction and the employment offered to Ludivina Geraldo was a way to silence her and her family. The Court emphasized that openly cohabiting with a woman and maintaining illicit relations cannot be regarded as proper and irreproachable conduct, as required by Section 2 of the Revised Naturalization Law (Commonwealth Act No. 471). This principle was reinforced by citing previous rulings such as Yu Lo vs. Republic. On the issue of lucrative trade, profession, or occupation: The Court found the evidence insufficient to establish that the petitioner had a known lucrative trade, profession, or lawful occupation. The petitioner claimed an average yearly income of P1,500.00 as a driver and copra buyer for his father. However, considering the high cost of living and the low purchasing power of the currency at the time, and the fact that the alleged employment was within his father's business, the Court deemed this evidence inadequate to meet the statutory requirement for naturalization under Section 2 of Commonwealth Act No. 473. This conclusion was supported by references to cases like Swee Sin Tan vs. Republic.
Main Doctrine
Open cohabitation with a woman and maintaining illicit relations, even if both parties are single and there is no legal impediment to marriage, constitutes conduct that is not proper and irreproachable, disqualifying an applicant from naturalization. Furthermore, an alleged income from employment within a family business, especially during periods of high cost of living, may be insufficient to establish a known lucrative trade or occupation.