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Domingo Po Chu Sam vs. Republic of the Philippines

G.R. No. L-20812 September 22, 1967 Sanchez

Republic of the Philippines
Supreme Court
Manila

En Banc

[ G.R. No. L-20812, September 22, 1967 ]

IN THE MATTER OF THE PETITION FOR ADMISSION TO PHILIPPINE CITIZENSHIP. DOMINGO PO CHU SAM, petitioner-appellee,

vs.

REPUBLIC OF THE PHILIPPINES, oppositor-appellant.

Office of the Solicitor General for, oppositor-appellant.

V. S. Caamiño for petitioner-appellee.

Sanchez, J.:

State's appeal from a judgment of the Misamis Occidental court admitting Domingo Po Chu Sam to Philippine citizenship. The case must go for the State. The petition avers that petitioner has an annual income of P2,400.00, more or less. His income tax return for 1961, the year he filed his petition, shows that his income was P2,514.74, consisting of P1,514.74 in salary and P1,000.00 in bonus. Contingent and speculative, bonus is not to be reckoned in determining his income. Married, without a child, petitioner's income of P1,514.74 does not meet the requirement of lucrative occupation (Section 2 Naturalization Law; Yu Kian Chie vs. Republic, L-20169, February 26, 1965; Co vs. Republic, L-19502, April 29, 1966).

Accordingly, the judgment is reversed, and the petition for naturalization of Domingo Po Chu Sam is denied. Cost against petitioner. So ordered.

Concepcion, C.J., Reyes, J.B.L., Dizon, Makalintal, Zaldivar, Castro, Angeles and Fernando, JJ., concur.
Bengzon J.P., J., is on leave.

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