CASE DIGEST: BABY NG v. REPUBLIC (G.R. No. L-31935. January 22, 1980)

G.R. No. L-31935. January 22, 1980. IN THE MATTER OF THE PETITION OF BABY NG alias NG KONG DING TO BE ADMITTED AS A CITIZEN OF THE PHILIPPINES. BABY NG alias NG KONG DING, Petitioner-Appellee, v. REPUBLIC OF THE PHILIPPINES, Oppositor-Appellant.

FACTS: 

This is an appeal stemming from a decision of the Court of First Instance (RTC) permitting the applicant for his naturalization. A decision was rendered by the Court of First Instance granting the petition of Baby Ng. The Republic through the Solicitor General questioned the naturalization of Baby Ng on the grounds that Petitioner had no lucrative income, petitioner’s children were not enrolled in this prescribed school, and violated the anti-alias law and the retail trade act. Hence this appeal.

ISSUE: 

Whether the Petitioner violated the Retail Trade Act for engaging in retail trade before he was naturalized.

RULING: 

No, Petitioner did not violate the Retail Trade Act for engaging in retail trade before he was naturalized.

In Retail Trade Act, the Act was not given the retroactive effect in the sense that non-citizens already in the retail business before its passage have been allowed under said law to secure permits to continue thereat.

Here, the Petitioner was already engaged in the retail trade before the passage of the law in 1954. He also secured a permit issued by the Municipal Treasurer of Alabat, Quezon. Hence, Petitioner did not violate the said Act.