FIRST DIVISION Respondent Ong was born at the Cebu General Hospital in Cebu City to Chinese

citizens Siao Hwa Uy Ong and Flora Ong on March 4, 1958. 14 He is registered as a
G.R. No. 175430 June 18, 2012 resident alien and possesses an alien certificate of registration 15and a native-born
certificate of residence16 from the Bureau of Immigration. He has been continuously
REPUBLIC OF THE PHILIPPINES, Petitioner, and permanently residing17 in the Philippines from birth up to the present.18 Ong
vs. can speak19 and write in Tagalog, English, Cebuano, and Amoy. 20 He took his
KERRY LAO ONG, Respondent. elementary21 and high school22 studies at the Sacred Heart School for Boys in Cebu
City, where social studies, Pilipino, religion, and the Philippine Constitution are
taught. He then obtained a degree in Bachelor of Science in Management from the
DECISION
Ateneo De Manila University on March 18, 1978.23
DEL CASTILLO, J.:
On February 1, 1981, he married Griselda S. Yap, also a Chinese citizen. 24 They have
four children,25 namely, Kerri Gail (born on April 15, 1983),26 Kimberley Grace (born
Naturalization laws are strictly construed in the government’s favor and against the
on May 15, 1984),27 Kyle Gervin (born on November 4, 1986),28 and Kevin Griffith
applicant.1 The applicant carries the burden of proving his full compliance with the
(born on August 21, 1993),29 who were all born and
requirements of law.2
raised in the Philippines. The children of school age were enrolled 30 at the Sacred
Before the Court is the Republic’s appeal of the appellate court’s Decision 3 dated
Heart School for Boys31 and Sacred Heart School for Girls.32 At the time of the filing
May 13, 2006 in CA-G.R. CV No. 74794, which affirmed the trial court’s grant of
of the petition, Ong, his wife, and children were living at No. 55 Eagle Street, Sto.
citizenship to respondent Kerry Lao Ong (Ong). The Court of Appeals (CA) held:
Niño Village, Banilad, Cebu City.

With all the foregoing, We find no cogent reason to reverse the decision of the
Ong has lived at the following addresses:33
court a quo.
1. Manalili Street, Cebu City (when Ong was in Grade 2) 34
WHEREFORE, the decision of the Regional Trial Court of Cebu City, 7th Judicial
Region, Branch 9 in its Decision dated November 23, 2001, is AFFIRMED in toto and
2. Crystal Compound Guadalupe, Cebu City (until 1970) 35
the instant appeal is DISMISSED.

3. No. 671 A.S. Fortuna Street, Cebu City (until 1992)36

SO ORDERED.4

4. No. 55 Eagle Street, Sto. Niño Village, Banilad, Cebu City (until
Factual Antecedents
1998);37 and
On November 26, 1996, respondent Ong, then 38 years old, 5 filed a Petition for
5. No. 50 Roselle Street, North Town Homes, Nasipit, Talamban, Cebu City
Naturalization.6 The case was docketed as Nat. Case No. 930 and assigned to Branch
(present).38
9 of the Regional Trial Court of Cebu City. As decreed by Commonwealth Act No.
473, as amended by Republic Act No. 530, known as the Revised Naturalization
Law,7 the petition was published in the Official Gazette8 and a newspaper of general Ong alleged in his petition that he has been a "businessman/business manager"
circulation,9 and posted in a public place for three consecutive weeks, 10 six months since 1989, earning an average annual income of ₱150,000.00.39 When he testified,
before the initial hearing.11 The Office of the Solicitor General entered its however, he said that he has been a businessman since he graduated from college
appearance and authorized12 the city prosecutor to appear on its in 1978.40 Moreover, Ong did not specify or describe the nature of his business. 41
behalf.13 Accordingly, Fiscals Ester Veloso and Perla Centino participated in the
proceedings below.
As proof of his income, Ong presented four tax returns for the years 1994 to WHEREFORE, premises considered, the petition is hereby GRANTED. Accordingly,
1997.42 Based on these returns, Ong’s gross annual income was ₱60,000.00 for [respondent] KERRY LAO ONG is hereby admitted as citizen of the Republic of the
1994; ₱118,000.00 for 1995; ₱118,000.00 for 1996; and ₱128,000.00 for 1997. Philippines.

Respondent further testified that he socializes43 with Filipinos; celebrates the SO ORDERED.61
Sinulog, fiestas, birthdays, and Christmas.44 He is a member of the Alert/ React VII
Communications Group and the Masonic organization.45 Republic’s Appeal

Respondent Ong presented a health certificate to prove46 that he is of sound On January 31, 2003, the Republic, through the Solicitor General, appealed
physical and mental health.47 As shown by the clearances from the National Bureau
of Investigation,48 the Philippine National Police,49 the trial courts,50 and the to the CA. The Republic faulted the trial court for granting Ong’s petition despite his
barangay,51 he has no criminal record or pending criminal charges. 52 failure to prove that he possesses a known lucrative trade, profession or lawful
occupation as required under Section 2, fourth paragraph of the Revised
Respondent presented Rudy Carvajal (Carvajal) and Bernard Sepulveda (Sepulveda) Naturalization Law.62
as his character witnesses. At that time, Sepulveda was the vice-mayor of Borbon,
Cebu.53 He has known Ong since 1970 because Ong is the close friend of The Republic posited that, contrary to the trial court’s finding, respondent Ong did
Sepulveda’s brother.54 He testified that Ong is very helpful in the community and not prove his allegation that he is a businessman/business manager earning an
adopts the Filipino culture.55 Meanwhile, Carvajal testified that he has known Ong average income of ₱150,000.00 since 1989. His income tax returns belie the value
since the 1970s because they were high school classmates. 56 He testified that Ong is of his income. Moreover, he failed to present evidence on the nature of his
morally irreproachable and possesses all the qualifications to be a good citizen of profession or trade, which is the source of his income. Considering that he has four
the Philippines.57 Carvajal is a businessman engaged in leasing office spaces.58 minor children (all attending exclusive private schools), he has declared no other
property and/or bank deposits, and he has not declared owning a family home, his
On November 23, 2001, the trial court granted Ong’s petition. Among other things, alleged income cannot be considered lucrative. Under the circumstances, the
the trial court held that: Republic maintained that respondent Ong is not qualified as he does not possess a
definite and existing business or trade.63
xxxx
Respondent Ong conceded that the Supreme Court has adopted a higher standard
By the testimonial and documentary evidence adduced by the [respondent], the of income for applicants for naturalization.64 He likewise conceded that the legal
following facts had been established.59 definition of lucrative income is the existence of an appreciable margin of his
income over his expenses.65 It is his position that his income, together with that of
xxxx his wife, created an appreciable margin over their expenses. 66 Moreover, the steady
increase in his income, as evidenced in his tax returns, proved that he is gainfully
x x x [Respondent] is a businessman/business manager engaged in lawful trade and employed.67
business since 1989 from which he derives an average annual income of more than
One Hundred Fifty Thousand Pesos (Exhibit U, V, W, and X with sub-markings); x x The appellate court dismissed the Republic’s appeal. It explained:
x60
In the case at bar, the [respondent] chose to present [pieces of evidence] which
The dispositive portion of the trial court’s Decision reads: relates [sic] to his lucrative trade, profession or lawful occupation. Judging from the
present standard of living and the personal circumstances of the [respondent] using
From the evidence presented by [respondent], this Court believes and so holds that the present time as the index for the income stated by the [respondent], it may
[respondent] possesses all the qualifications and none of the disqualifications appear that the [respondent] has no lucrative employment. However, We must be
provided for by law to become a citizen of the Philippines. mindful that the petition for naturalization was filed in 1996, which is already ten
years ago. It is of judicial notice that the value of the peso has taken a considerable
plunge in value since that time up to the present. Nonetheless, if We consider the Our Ruling
income earned at that time, the ages of the children of the [respondent], the
employment of his wife, We can say that there is an appreciable margin of his The courts must always be mindful that naturalization proceedings are imbued with
income over his expenses as to be able to provide for an adequate support. 68 the highest public interest.79Naturalization laws should be rigidly enforced and
strictly construed in favor of the government and against the applicant.80 The
The appellate court denied the Republic’s motion for reconsideration69 in its burden of proof rests upon the applicant to show full and
Resolution dated November 7, 2006.70
complete compliance with the requirements of law. 81
Issue
In the case at bar, the controversy revolves around respondent Ong’s compliance
Whether respondent Ong has proved that he has some known lucrative trade, with the qualification found in Section 2, fourth paragraph of the Revised
profession or lawful occupation in accordance with Section 2, fourth paragraph of Naturalization Law, which provides:
the Revised Naturalization Law.
SECTION 2. Qualifications. – Subject to section four of this Act, any person having
Petitioner’s Arguments the following qualifications may become a citizen of the Philippines by
naturalization:
Petitioner assigns as error the appellate court’s ruling that "there is an appreciable
margin of (respondent’s) income over his expenses as to be able to provide for an xxxx
adequate support."71 The Republic contends that the CA’s conclusion is not
supported by the evidence on record and by the prevailing law. 72 Fourth. He must own real estate in the Philippines worth not less than five
thousand pesos, Philippine currency, or must have some known lucrative trade,
The only pieces of evidence presented by Ong to prove that he qualifies under profession, or lawful occupation;
Section 2, fourth paragraph of the Revised Naturalization Law, are his tax returns
for the years 1994 to 1997, which show that Ong earns from ₱60,000.00 to x x x x82
₱128,000.00 annually. This declared income is far from the legal requirement of
lucrative income. It is not sufficient to provide for the needs of a family of six, with Based on jurisprudence, the qualification of "some known lucrative trade,
four children of school age.73 profession, or lawful occupation" means "not only that the person having the
employment gets enough for his ordinary necessities in life. It must be shown that
Moreover, none of these tax returns describes the source of Ong’s income, much the employment gives one an income such that there is an appreciable margin of
less can they describe the lawful nature thereof.74 The Republic also noted that Ong his income over his expenses as to be able to provide for an adequate support in
did not even attempt to describe what business he is engaged in. Thus, the trial and the event of unemployment, sickness, or disability to work and thus avoid one’s
appellate courts’ shared conclusion that Ong is a businessman is grounded entirely becoming the object of charity or a public charge."83 His income should permit "him
on speculation, surmises or conjectures.75 and the members of his family to live with reasonable comfort, in accordance with
the prevailing standard of living, and consistently with the demands of human
The Republic thus prays for the reversal of the appellate court’s Decision and the dignity, at this stage of our civilization."84
denial of Ong’s petition for naturalization.76
Moreover, it has been held that in determining the existence of a lucrative
Respondent’s Arguments
income, the courts should consider only the applicant’s income; his or her spouse’s
Respondent asks for the denial of the petition as it seeks a review of factual income should not be included in the assessment. The spouse’s additional income is
findings, which review is improper in a Rule 45 petition. 77 He further submits that immaterial "for under the law the petitioner should be the one to possess ‘some
his tax returns support the conclusion that he is engaged in lucrative trade. 78 known lucrative trade, profession or lawful occupation’ to qualify him to become a
Filipino citizen."85 Lastly, the Court has consistently held that the applicant’s The paucity of evidence is unmistakable upon a reading of the trial court’s decision.
qualifications must be determined as of the time of the filing of his petition. 86 The trial court held that respondent Ong "is a businessman engaged in lawful trade
and business since 1989"89 but did not cite the evidence, which supports such
Going over the decisions of the courts below, the Court finds that the foregoing finding. After poring over the records, the Court finds that the reason for the lack of
guidelines have not been observed. To recall, respondent Ong and his witnesses citation is the absence of evidence to support such conclusion. The trial court’s
testified that Ong is a businessman but none of them identified Ong’s business or conclusion that Ong has been a businessman since 1989 is only an assertion found
described its nature. The Court finds it suspect that Ong did not even testify as to in Ong’s petition for naturalization.90 But, on the witness stand, Ong did not affirm
the nature of his business, whereas his witness Carvajal did with respect to his own this assertion. Instead, he testified that he had been a businessman since he
(leasing of office space). A comparison of their respective testimonies is reproduced graduated from college, which was in 1978.91
below:
Further, the trial court, citing Exhibits U, V, W, and X (which are Ong’s tax returns),
Carvajal’s testimony mistakenly found that Ong "derives an average annual income of more than One
Hundred Fifty Thousand Pesos."92 This conclusion is not supported by the evidence.
Q: You said earlier that you are a businessman? The cited tax returns show that Ong’s gross annual income for the years 1994 to
1997 were ₱60,000.00, ₱118,000.00, ₱118,000.00, and ₱128,000.00, respectively.
The average annual income from these tax returns is ₱106,000.00 only, not
A: Yes, Sir.
₱150,000.00 as the trial court held. It appears that the trial court again derived its
conclusion from an assertion in Ong’s petition,93 but not from the evidence.
Q: How long have you been a businessman?
As for the CA, it no longer ruled on the question whether Ong has a known business
A: Since 1980.
or trade. Instead, it ruled on the issue whether Ong’s income, as evidenced by his
tax returns, can be considered lucrative in 1996. In determining this issue, the CA
Q: And what is the business you are engaged in? considered the ages of Ong’s children, the income that he earned in 1996, and the
fact that Ong’s wife was also employed at that time. It then concluded that there is
A: I am into leasing of office spaces.87 an appreciable margin of Ong’s income over his expenses.94

Kerry Lao Ong’s testimony The Court finds the appellate court’s decision erroneous. First, it should not have
included the spouse’s income in its assessment of Ong’s lucrative income.95 Second,
Q: What is your present occupation, Mr. Ong? it failed to consider the following circumstances which have a bearing on Ong’s
expenses vis-à-vis his income: (a) that Ong does not own real property; (b) that his
A: Businessman. proven average gross annual income around the time of his application, which was
only ₱106,000.00, had to provide for the education of his four minor children; and
Q: Since when have you engaged in that occupation? (c) that Ong’s children were all studying in exclusive private schools in Cebu City.
Third, the CA did not explain how it arrived at the conclusion that Ong’s income had
an appreciable margin over his known expenses.
A: After graduation from college.88

Ong’s gross income might have been sufficient to meet his family’s basic needs, but
The dearth of documentary evidence compounds the inadequacy of the testimonial
there is simply no sufficient proof that it was enough to create an appreciable
evidence. The applicant provided no documentary evidence, like business permits,
margin of income over expenses. Without an appreciable margin of his income over
registration, official receipts, or other business records to demonstrate his
his family’s expenses, his income cannot be expected to provide him and his family
proprietorship or participation in a business. Instead, Ong relied on his general
"with adequate support in the event of unemployment, sickness, or disability to
assertions to prove his possession of "some known lucrative trade, profession or
work."96
lawful occupation." Bare, general assertions cannot discharge the burden of proof
that is required of an applicant for naturalization.
Clearly, therefore, respondent Ong failed to prove that he possesses the
qualification of a known lucrative trade provided in Section 2, fourth paragraph, of

the Revised Naturalization Law.97

The Court finds no merit in respondent’s submission that a Rule 45 petition

precludes a review of the factual findings of the courts below. 98 In the first place,
the trial court and appellate court’s decisions contain conclusions that are bereft of
evidentiary support or factual basis, which is a known exception 99 to the general
rule that only questions of law may be entertained in a Rule 45 petition.

Moreover, a review of the decisions involving petitions for naturalization shows

that the Court is not precluded from reviewing the factual existence of the
applicant’s qualifications.1âwphi1 In fact, jurisprudence holds that the entire
records of the naturalization case are open for consideration in an appeal to this
Court.100 Indeed, "[a] naturalization proceeding is so infused with public interest
that it has been differently categorized and given special treatment. x x x [U]nlike in
ordinary judicial contest, the granting of a petition for naturalization does not
preclude the reopening of that case and giving the government another
opportunity to present new evidence. A decision or order granting citizenship will
not even constitute res judicata to any matter or reason supporting a subsequent
judgment cancelling the certification of naturalization already granted, on the
ground that it had been illegally or fraudulently procured. For the same reason,
issues even if not raised in the lower court may be entertained on appeal. As the
matters brought to the attention of this Court x x x involve facts contained in the
disputed decision of the lower court and admitted by the parties in their pleadings,
the present proceeding may be considered adequate for the purpose of
determining the correctness or incorrectness of said decision, in the light of the law
and extant jurisprudence."101 In the case at bar, there is even no need to present
new evidence. A careful review of the extant records suffices to hold that
respondent Ong has not proven his possession of a "known lucrative trade,
profession or lawful occupation" to qualify for naturalization.

WHEREFORE, premises considered, the petition of the Republic of the Philippines is

GRANTED. The Decision dated May 13, 2006 of the Court of Appeals in CA-G.R. CV
No. 74794 is REVERSED and SET ASIDE. The Petition for Naturalization of Kerry Lao
Ong is DENIED for failure to comply with Section 2, fourth paragraph, of
Commonwealth Act No. 473, as amended.

SO ORDERED.