Ong Hock Lian v. Republic
REITERATIONFacts
1. The Antecedents: Ong Hock Lian, a citizen of the Republic of China, sought to be admitted as a citizen of the Philippines. He arrived in the country on April 30, 1927, and has resided in Dumaguete City since March 1, 1940. He is married to a Chinese national, Tan Ko Kiem, and they have three children. Ong Hock Lian is a merchant operating a store selling rice, corn, and general merchandise, and owns two cargo trucks and office equipment. He completed his first year of high school education in Zamboanga City and speaks English and Cebuano-Visayan. 2. Procedural History: Ong Hock Lian filed a petition for naturalization with the Court of First Instance of Negros Oriental. The Republic of the Philippines, through the Solicitor General, opposed the petition. The Court of First Instance of Negros Oriental granted the petition. The Republic of the Philippines appealed this decision to the Supreme Court. 3. The Petition: The Republic of the Philippines, as the appellant, contends that the lower court erred in several aspects. Specifically, the appellant argues that the petition was not properly published in a newspaper of general circulation, that the appellee uses an alias without court authorization in violation of the Anti-Alias Law, that the appellee failed to report his true income, and that the appellee does not possess a lucrative occupation. The Supreme Court agreed with the appellant on the issues of the alias and lucrative occupation, leading to the reversal of the lower court's decision and denial of the naturalization petition.
Issue(s)
Whether the petition for naturalization was published in a newspaper of general circulation. Whether the appellee uses an alias without court authority in violation of the Anti-Alias Law. Whether the appellee failed to report his true income. Whether the appellee has a lucrative occupation.
Ruling
The judgment appealed from is reversed and the petition is denied, with costs.
Ratio Decidendi
On the publication of the petition: The appeal was decided on other grounds, rendering this issue moot for the purpose of the appeal. On the use of an alias: The appellee, Ong Hock Lian, also uses the alias "Julian Ong." There is no evidence that he was baptized with this name, has been known by it since childhood, or that its use was authorized by a competent court. Section 1 of Commonwealth Act 142 prohibits the use of any name different from the one with which a person was christened or has been known since childhood, or a substitute name authorized by a court. Therefore, the appellee's use of "Julian Ong" constitutes a violation of the Anti-Alias Law. On the failure to report true income: The appellee's income for 1958 was P5,939.36, for 1959 was P4,114.49, and for 1960 was P5,659.30. He also testified that his average annual net profit from his business was P4,200, which is less than what he declared in his income tax returns. He claimed to draw a salary of P300 a month, which he entered as a deduction from his gross earnings in his income tax returns. However, he did not report this amount as salary in the same returns. The Court held that he cannot claim this amount as salary to satisfy the lucrative occupation requirement after failing to report it for income tax purposes. This failure casts grave doubt on the truth of his testimony. On the lucrative occupation: With a wife and three children to support, the appellee's annual income of less than P6,000 does not satisfy the requirement of a lucrative occupation. The Court cited a previous ruling where an income of P6,300 for supporting a wife and child was deemed insufficient. The appellee's income also showed a decrease over the years, contrary to the expectation of growth.
Main Doctrine
The use of an alias without court authorization violates the Anti-Alias Law. Furthermore, an income of less than P6,000 annually, when supporting a wife and three children, does not satisfy the requirement of a lucrative occupation for naturalization.