June 1976 - Philippine Supreme Court Decisions/Resolutions

Philippine Supreme Court Jurisprudence


Philippine Supreme Court Jurisprudence > Year 1976 > June 1976 Decisions > G.R. No. L-34100 June 30, 1976 - IN RE: CHAN YEN v. REPUBLIC OF THE PHIL.:




PHILIPPINE SUPREME COURT DECISIONS

SECOND DIVISION

[G.R. No. L-34100. June 30, 1976.]

IN THE MATTER OF THE PETITION TO BE ADMITTED AS CITIZEN OF THE PHILIPPINES, CHAN YEN, petitioner appellant, v. REPUBLIC OF THE PHILIPPINES, Oppositor-Appellee.

SYNOPSIS

Chan Yen, an applicant for naturalization, appealed from the decision of the Court of First Instance denying his petition. Pending his appeal, petitioner was naturalized pursuant to Presidential Decree No. 836 and a Certificate of Naturalization was issued to him by the Special Committee on Naturalization. Petitioner moved for the dismissal of the appeal on the ground that his naturalization had rendered the case moot and academic.

Case dismissed.


SYLLABUS


1. APPEAL MOOT AND ACADEMIC; DISMISSAL; CASE DISMISSED FOR BEING MOOT AND ACADEMIC. — Petitioner’s naturalization pursuant to Presidential Decree No. 836 which rendered the question of naturalization on appeal moot and academic, justifies the dismissal of the appeal.


R E S O L U T I O N


FERNANDO, J.:


The case before us is an appeal from a decision by the Judge, now retired Associate Justice of the Court of Appeals, Jose N. Leuterio, denying a petition for naturalization of the applicant Chan Yen. The basis for such an adverse judgment was his failure to register his children with the Bureau of Immigration within the first sixty days of every calendar year as required by pronouncements of this Court. That did render dubious his claim that he did conduct himself in a proper and irreproachable manner during the entire period of his residence in the Philippines, in his relation with the constituted government as well as the community in which he is leaving. The case was submitted for decision with briefs having been filed by appellant Chan Yen as well as the appellee, the Republic of the Philippines.chanroblesvirtualawlibrary

Subsequently, under date of April 27, 1976, a motion for dismissal was filed by appellant Chan Yen. It is worded thus: "That the hereinabove named Petitioner [Chan Yen] has already become a naturalized citizen of the Republic of the Philippines, pursuant to Presidential Decree No. 836, as evidence by his Certificate of Naturalization No. 002505 (Pet. No. 000387), issued by the Special Committee on Naturalization on February 24, 1976, after taking his oath of Allegiance on the same date; that, likewise, his Identification Certificate No. 45040, dated April 2, 1976, was issued to him by the Commission on Immigration and Deportation . . ." 1 The prayer is for the dismissal of the case as the matter involved had become moot and academic.

WHEREFORE, the appeal is dismissed, the question of naturalization of appellant Chan Yen having become moot and academic with the grant of citizenship to him under Presidential Decree No. 836, the certificate of naturalization having been signed by the Chairman of the Special Committee on Naturalization, the Honorable Estelito P. Mendoza, on February 24, 1976.

Barredo, Muñoz Palma, Aquino and Martin, JJ.,, concur.

Antonio, J., took no part.

Concepcion, Jr., J., is on leave.

Endnotes:


1. Motion for Dismissal dated April 27, 1976.




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