SECOND DIVISION
[G.R. No. L-32734. May 31, 1982.]
IN THE MATTER OF THE PETITION OF CHUA TIONG KANG TO BE ADMITTED AS CITIZEN OF THE PHILIPPINES, CHUA TIONG KANG, Petitioner-Appellee, v. REPUBLIC OF THE PHILIPPINES, Oppositor-Appellant.
Francisco Pacual for Petitioner-Appellee.
The Solicitor General for Oppositor-Appellant.
SYNOPSIS
The Republic of the Philippines appealed from the decision of the lower court granting the application for citizenship of petitioner Choa Tiong Kang on the grounds of lack of a sincere desire to embrace the country’s customs and traditions, failure to file a declaration of intention and incompetency of witnesses. Pending the appeal, the Office of the Solicitor General filed a Manifestation and Motion for the dismissal thereof as petitioner-appellee had applied for naturalization under Letter of Instructions No. 270 and was thereafter granted Philippine citizenship pursuant to Presidential Decree No. 1220.
In view of the above-mentioned circumstances, the Supreme Court dismissed the case for being moot and academic.
In view of the above-mentioned circumstances, the Supreme Court dismissed the case for being moot and academic.
SYLLABUS
CONSTITUTIONAL LAW; CITIZENSHIP; APPEAL FROM A DECISION GRANTING PHILIPPINE CITIZENSHIP DISMISSED FOR BEING MOOT AND ACADEMIC. — An appeal from the lower court’s decision granting citizenship is dismissed where during the pendency thereof, petitioner-appellee had applied for naturalization under Letter of Instructions No. 270 and was subsequently granted Philippine citizenship pursuant to Presidential Decree No. 1220.
R E S O L U T I O N
FERNANDO, C.J.:
In this pending appeal by the Republic of the Philippines to reverse a lower court decision granting the application for citizenship of petitioner Chua Tiong Kang, the grounds alleged were lack of that sincere desire to embrace our customs and traditions, failure to file a declaration of intention and incompetency of witnesses. In view of the failure of appellee to file his brief, the case was thereafter deemed submitted for decision.chanrobles.com.ph : virtual law library
On March 1, 1982, a Manifestation and Motion was filed by the Office of the Solicitor General 1 with the following allegations: "1. The Republic of the Philippines has appealed to this Honorable Court the decision of the Court of First Instance of Isabela, Branch II, dated July 22, 1963 granting Philippine citizenship to Chua Tiong Kang; 2. During the pendency of the appeal, said Chua Tiong Kang 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 December 19, 1977 pursuant to Presidential Decree No. 1220. Copies of his Oath of Allegiance and Certificate of Naturalization are hereto attached as Annexes ‘1’ and ‘2’, respectively." 2 the prayer is for its dismissal for having become moot and academic.
WHEREFORE, the case is dismissed for being moot and academic. No costs.cralawnad
Barredo, Aquino, Guerrero, Abad Santos, De Castro and Escolin, JJ., concur.
Concepcion, Jr., J., is on leave.
On March 1, 1982, a Manifestation and Motion was filed by the Office of the Solicitor General 1 with the following allegations: "1. The Republic of the Philippines has appealed to this Honorable Court the decision of the Court of First Instance of Isabela, Branch II, dated July 22, 1963 granting Philippine citizenship to Chua Tiong Kang; 2. During the pendency of the appeal, said Chua Tiong Kang 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 December 19, 1977 pursuant to Presidential Decree No. 1220. Copies of his Oath of Allegiance and Certificate of Naturalization are hereto attached as Annexes ‘1’ and ‘2’, respectively." 2 the prayer is for its dismissal for having become moot and academic.
WHEREFORE, the case is dismissed for being moot and academic. No costs.cralawnad
Barredo, Aquino, Guerrero, Abad Santos, De Castro and Escolin, JJ., concur.
Concepcion, Jr., J., is on leave.
Endnotes:
1. Solicitor General Estelito R. Mendoza was assisted by Assistant Solicitor General Jose F. Racela, Jr.
2. Manifestation and Motion, 1.
