SECOND DIVISION
[G.R. No. L-37223. March 25, 1982.]
IN THE MATTER OF THE PETITION OF CHUA SIONG TEE alias CHUA SIONG BEE alias VICENTE CHUA TO BE ADMITTED A CITIZEN OF THE PHILIPPINES, CHUA SIONG TEE, Petitioner-Appellee, v. REPUBLIC OF THE PHILIPPINES, Oppositor-Appellant.
SYNOPSIS
The Republic of the Philippines appealed from a lower court decision granting the petition for naturalization of Chua Siong Tee alleging his witnesses were incompetent and that he failed to conduct himself in a proper and irreproachable manner during the entire period of his residence. During the pendency thereof, the Office of the Solicitor General filed a Manifestation and Motion praying for the dismissal of the case alleging, that petitioner- appellee had filed an application for naturalization under Letter of Instruction No. 270 and was subsequently granted Philippine citizenship pursuant to Presidential Decree No. 1055.
In view of the foregoing circumstances, the Supreme Court dismissed the case for being moot and academic.
In view of the foregoing circumstances, the Supreme Court dismissed the case for being moot and academic.
SYLLABUS
1. CONSTITUTIONAL LAW; CITIZENSHIP; NATURALIZATION; APPEAL FROM A DECISION GRANTING A PETITION FOR NATURALIZATION DISMISSED FOR BEING MOOT AND ACADEMIC. — An appeal from a lower court decision granting a petition for naturalization becomes moot and academic where during the pendency thereof, petitioner-appellee had applied for naturalization under LOI 270 and was subsequently granted Philippine citizenship pursuant to Presidential Decree No. 1055.
D E C I S I O N
FERNANDO, J.:
In this appeal by the Republic of the Philippines from a lower court decision granting the petition for naturalization of appellee Chua Siong Tee, as well as from its subsequent order "granting the petition for naturalization of petitioner," 1 it was alleged that his witnesses are incompetent and that petitioner, now appellee, had not conducted himself in a proper and irreproachable manner during the entire period of his residence here. The case was submitted for decision after the filing of the briefs.
Subsequently, on January 21, 1982, there was a Manifestation and Motion by the Office of the Solicitor General. 2 It alleged: "1. The Republic of the Philippines has appealed to this Honorable Court the decision of the Court of First Instance of Cebu (Branch IX — Toledo City) dated March 8, 1972 granting Philippine citizenship to [Chua Siong Tee] alias [Chua Siong Bee] alias [Vicente Chua]; 2. During the pendency of the appeal, said [Chua Siong Tee] alias [Chua Siong Bee] alias [Vicente Chua] filed an application for naturalization under Letter of Instructions No. 270, and upon recommendation of the Special Committee on Naturalization, he was granted Philippine citizenship on November 26, 1976 pursuant to Presidential Decree No. 1055. . . 3 Such pleading included copies of his Oath of Allegiance 4 and the Certificate of Naturalization. 5 The prayer is to have this case dismissed for having become moot and academic. So it should be.
WHEREFORE, this case is dismissed for being moot and academic. No costs.
Barredo, Aquino, Concepcion, Jr., de Castro, Ericta and Escolin, JJ., concur.
Abad Santos, J., is on official leave.
Subsequently, on January 21, 1982, there was a Manifestation and Motion by the Office of the Solicitor General. 2 It alleged: "1. The Republic of the Philippines has appealed to this Honorable Court the decision of the Court of First Instance of Cebu (Branch IX — Toledo City) dated March 8, 1972 granting Philippine citizenship to [Chua Siong Tee] alias [Chua Siong Bee] alias [Vicente Chua]; 2. During the pendency of the appeal, said [Chua Siong Tee] alias [Chua Siong Bee] alias [Vicente Chua] filed an application for naturalization under Letter of Instructions No. 270, and upon recommendation of the Special Committee on Naturalization, he was granted Philippine citizenship on November 26, 1976 pursuant to Presidential Decree No. 1055. . . 3 Such pleading included copies of his Oath of Allegiance 4 and the Certificate of Naturalization. 5 The prayer is to have this case dismissed for having become moot and academic. So it should be.
WHEREFORE, this case is dismissed for being moot and academic. No costs.
Barredo, Aquino, Concepcion, Jr., de Castro, Ericta and Escolin, JJ., concur.
Abad Santos, J., is on official leave.
Endnotes:
1. Record on Appeal. 42.
2. Solicitor General Estelito P. Mendoza was assisted by Assistant Solicitor General Eulogio Raquel-Santos.
3. Manifestation and Motion.
4. Annex 1.
5. Annex 2.
