SECOND DIVISION
[G.R. No. L-40005. March 25, 1982.]
IN THE MATTER OF THE PETITION OF JOSE NGO TO BE ADMITTED A CITIZEN OF THE PHILIPPINES, JOSE NGO, Petitioner-Appellee, v. REPUBLIC OF THE PHILIPPINES, Oppositor-Appellant.
SYNOPSIS
The Republic of the Philippines appealed from the tower court’s decision granting Philippine citizenship to Jose Ngo. During the pendency thereof, appellee filed an application for naturalization as Filipino citizen under Letter of Instruction 270 and was thereupon granted Philippine citizenship by Presidential Decree 1220. In view thereof, the Solicitor General filed a Manifestation withdrawing the appeal.
The Supreme Court dismissed the case, the question having become moot and academic.
The Supreme Court dismissed the case, the question having become moot and academic.
SYLLABUS
1. CONSTITUTIONAL LAW; CITIZENSHIP; NATURALIZATION UNDER LOI 270; GRANT OF PHILIPPINE CITIZENSHIP BY P.D. 1220 RENDERS APPEAL MOOT AND ACADEMIC. — An appeal from the decision of the lower court granting Philippine citizenship becomes moot and academic where during the pendency thereof, appellee filed an application for naturalization under LOI 270 and was granted citizenship by P.D. 1220.
D E C I S I O N
FERNANDO, J.:
In this case, the Republic of the Philippines appealed a lower court decision granting the petition for naturalization of appellee Jose Ngo, as well as its order, thereafter issued after the required period, "granting Philippine citizenship to the petitioner . . . whereupon, and not before, he will be entitled to all the privileges of a Filipino citizen, . . ." 1 With the submission of the briefs, the case was submitted for decision. Subsequently, on January 25, 1982, there was a Manifestation and Motion by the Office of the Solicitor General. 2 It alleged: "1. It had appealed to this Court the decision of the Court of First Instance of Rizal dated February 1, 1971 granting Philippine citizenship to [Jose Ngo]; 2. During the pendency of this appeal, Jose Ngo filed an application for naturalization as a Filipino citizen under Letter of Instructions No. 270, and upon the recommendation of the Special Committee on Naturalization, was granted Philippine citizenship by Presidential Decree No. 1220, taking his oath of allegiance on February 15, 1978 . . . ." 3 Such Manifestation and Motion included copies of his Oath of Allegiance 4 and the Certificate of Naturalization. 5 Under the circumstances, the appeal is being withdrawn, the question having become moot and academic.
WHEREFORE, this case is dismissed for having become moot and academic.
Barredo, Aquino, Concepcion Jr., De Castro, Ericta and Escolin, JJ., concur.
Abad Santos, J., is on official leave.
WHEREFORE, this case is dismissed for having become moot and academic.
Barredo, Aquino, Concepcion Jr., De Castro, Ericta and Escolin, JJ., concur.
Abad Santos, J., is on official leave.
Endnotes:
1. Record on Appeal, 13.
2. Solicitor General Estelito P. Mendoza was assisted by Assistant Solicitor General Nathanael P. de Pano, Jr.
3. Manifestation and Motion, 1.
4. Annex A.
5. Annex B.
