EN BANC
[G.R. No. L-14146. June 30, 1961. ]
IN THE MATTER OF THE PETITION NG LIAM KENG, alias JOSE TANGCONKONG TO BE ADMITTED CITIZEN OF THE PHILIPPINES. NG LIAM KENG alias JOSE TANGCONKONG, Petitioner-Appellant, v. REPUBLIC OF THE PHILIPPINES, Oppositor-Appellee.
Leopoldo Picazo and Felipe K. Medina for Petitioner-Appellant.
Solicitor General for Oppositor-Appellee.
SYLLABUS
1. NATURALIZATION; DISMISSAL OF PETITION "WITH PREJUDICE", AMENDABLE AS "WITHOUT PREJUDICE" IF MOTION APPEAR TO BE VALID AND MERITORIOUS. — A motion for partial reconsideration of a decision affirming the dismissal "with prejudice" is granted if the grounds relied upon in the motion appear to be valid and meritorious.
R E S O L U T I O N *
OF MOTION FOR PARTIAL RECONSIDERATION
DE LEON, J.:
DE LEON, J.:
Before this Court is a "Motion for Partial Reconsideration" of our decision affirming the dismissal "with prejudice" made by the Court of First Instance of Rizal on the herein movant’s petition for naturalization. The motion prays that the said decision be reconsidered in the sense that petitioner may, if he so desires, file another application for naturalization in accordance with law, provided that he has all the qualifications and none of the disqualifications therefor.
Considering that the grounds relied upon in the motion appear to be valid and meritorious, let the decision in Ng Liam Keng alias Jose Tangconkong v. Republic of the Philippines, G.R. No. L-14146, promulgated on April 29, 1961, be amended, so that the dispositive portion thereof shall read as follows:jgc:chanrobles.com.ph
"Wherefore, the decision of the lower court dismissing the petition for naturalization is affirmed, but with the modification that the dismissal shall be without prejudice, with costs against appellant."cralaw virtua1aw library
Bengzon, C.J., Padilla, Labrador, Concepcion, Reyes, J.B.L., Barrera, Paredes, Dizon and Natividad, JJ., concur.
Bautista Angelo, J., is on leave.
Considering that the grounds relied upon in the motion appear to be valid and meritorious, let the decision in Ng Liam Keng alias Jose Tangconkong v. Republic of the Philippines, G.R. No. L-14146, promulgated on April 29, 1961, be amended, so that the dispositive portion thereof shall read as follows:jgc:chanrobles.com.ph
"Wherefore, the decision of the lower court dismissing the petition for naturalization is affirmed, but with the modification that the dismissal shall be without prejudice, with costs against appellant."cralaw virtua1aw library
Bengzon, C.J., Padilla, Labrador, Concepcion, Reyes, J.B.L., Barrera, Paredes, Dizon and Natividad, JJ., concur.
Bautista Angelo, J., is on leave.
Endnotes:
* Editor’s note: See Decision in 1 SCRA 1210.
