March 1981 - Philippine Supreme Court Decisions/Resolutions
Philippine Supreme Court Jurisprudence
Philippine Supreme Court Jurisprudence > Year 1981 > March 1981 Decisions >
G.R. No. L-31475 March 24, 1981 - LAO ENG GUAN v. REPUBLIC OF THE PHIL.:
SECOND DIVISION
[G.R. No. L-31475. March 24, 1981.]
IN RE: PETITION TO BE ADMITTED A CITIZEN OF THE PHILIPPINES, LAO ENG GUAN, Petitioner-Appellee, v. REPUBLIC OF THE PHILIPPINES, Respondent-Appellant.
Amado Ocampo for Petitioner-Appellee.
Solicitor General Felix Q. Antonio, Assistant Solicitor General Antonio A. Torres and Solicitor Bernardo P. Pardo for Respondent-Appellant.
SYNOPSIS
The Republic of the Philippines appealed from the decision of the Court of First Instance of Zambales granting Philippine citizenship to Lao Eng Guan. Pending appeal, petitioner-appellee was granted Philippine citizenship pursuant to Presidential Decree No. 836. In view thereof, the appellant prayed for the dismissal of the appeal.
The Supreme Court dismissed the case for being moot and academic.
The Supreme Court dismissed the case for being moot and academic.
SYLLABUS
1. POLITICAL LAW; CITIZENSHIP; NATURALIZATION; INSTANT APPEAL MOOT AND ACADEMIC. — The appeal from the decision granting citizenship to petitioner-appellee becomes moot and academic where, during the pendency thereof, he was granted Philippine citizenship pursuant to Presidential Decree No. 836.
D E C I S I O N
FERNANDO, C.J.:
From a decision granting an application for naturalization of petitioner-appellee Lao Eng Guan, the Republic appealed on the ground that the lower court, notwithstanding the failure to allege good moral character in his application, acted favorably on it as in its opinion there was satisfactory evidence thereof adduced at the hearing, and that the lower court again concluded as curative the fact that after the filing thereof, there was an increase in the income of petitioner-appellee which was below the required level when he started the proceeding, contrary to the authoritative precedents. With the filing of brief for petitioner-appellee, the matter was deemed submitted for decision.
On March 6, 1981, there was this manifestation and motion for the Republic of the Philippines wherein it was alleged: "The Republic of the Philippines has appealed to this Honorable Court the decision of the Court of First Instance of Zambales, Third Judicial District, Branch I, dated December 24, 1968 granting Philippine Citizenship to Lao Eng Guan; During the pendency of the appeal, said Lao Eng Guan filed an application for naturalization under Letter of Instruction No. 270 and upon recommendation of the Special Committee on Naturalization, he was granted Philippine Citizenship on February 9, 1976 pursuant to Presidential Decree No. 836 . . ." 1 The prayer is for the case to be dismissed for being moot and academic. Clearly, such a plea is warranted.chanrobles law library
WHEREFORE, the appeal is deemed withdrawn and the case dismissed for being moot and academic. No costs.
Aquino, Concepcion, Jr., Guerrero and De Castro, JJ., concur.
Barredo, J., took no part.
Abad Santos, J., is on official leave.
On March 6, 1981, there was this manifestation and motion for the Republic of the Philippines wherein it was alleged: "The Republic of the Philippines has appealed to this Honorable Court the decision of the Court of First Instance of Zambales, Third Judicial District, Branch I, dated December 24, 1968 granting Philippine Citizenship to Lao Eng Guan; During the pendency of the appeal, said Lao Eng Guan filed an application for naturalization under Letter of Instruction No. 270 and upon recommendation of the Special Committee on Naturalization, he was granted Philippine Citizenship on February 9, 1976 pursuant to Presidential Decree No. 836 . . ." 1 The prayer is for the case to be dismissed for being moot and academic. Clearly, such a plea is warranted.chanrobles law library
WHEREFORE, the appeal is deemed withdrawn and the case dismissed for being moot and academic. No costs.
Aquino, Concepcion, Jr., Guerrero and De Castro, JJ., concur.
Barredo, J., took no part.
Abad Santos, J., is on official leave.
Endnotes:
1. Manifestation and Motion dated March 6. 1981.
