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

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

[ 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.

D E C I S I O N

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 states. The petition avers that petitioner has an annual income of P2,400 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 Klan Chie vs, Republic, G.R. No. L-20169, February 26, 1265 Co vs. Republic, G.R. No. L-19502, April 29, 1966).

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

SO ORDERED.

Concepcion, C.J., Reyes, Dizon, Makalintal, Zaldivar, Sanchez, Castro, Angeles, and Fernando, JJ., concur.

Bengzon, J., on leave and did not take part.