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PHILIPPINE SUPREME COURT DECISIONS

EN BANC

[G.R. No. L-14159. April 18, 1960. ]

DANILO CHANNIE TAN alias TAN SUY CHAN, petitioner and appellee, v. REPUBLIC OF THE PHILIPPINES, oppositor and Appellant.

Victoriano del Fierro and Nicolas Jumapao for Appellee.

Acting Assistant Solicitor General Pacifico P. de Castro and Solicitor Eduardo C. Abaya for Appellant.


SYLLABUS


CITIZENSHIP; JUDICIAL DECLARATION OF CITIZENSHIP OF AN INDIVIDUAL, WHEN MAY BE MADE. — Under the Philippine laws, there can be no action or proceeding for the judicial declaration of the citizenship of an individual. Courts of justice exist for the settlement of justiciable controversies, which imply a given right, legally demandable and enforceable, an act or omission violative of said right, and a remedy, granted or sanctioned by law, for said breach of right. As an incident only of the adjudication of the rights of the parties to a controversy, the court may pass upon, and make a pronouncement relative to, their status. Otherwise, such a pronouncement is beyond judicial power.


D E C I S I O N


CONCEPCION, J.:


The Solicitor General seeks a review of the decision of the Court of First Instance of Ceb
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