January 1982 - Philippine Supreme Court Decisions/Resolutions

Philippine Supreme Court Jurisprudence


Philippine Supreme Court Jurisprudence > Year 1982 > January 1982 Decisions > G.R. No. L-34629 January 18, 1982 - IN RE: CHOA PECK v. REPUBLIC OF THE PHIL.:




PHILIPPINE SUPREME COURT DECISIONS

SECOND DIVISION

[G.R. No. L-34629. January 18, 1982.]

IN THE MATTER OF THE PETITION OF CHOA PECK ALIAS AMADO CHOA TO BE ADMITTED A CITIZEN OF THE PHILIPPINES, CHOA PECK alias AMADO CHOA, Petitioner-Appellee, v. REPUBLIC OF THE PHILIPPINES, Oppositor-Appellant.

Milberto B. Zubarno for Petitioner-Appellee.

The Solicitor General for Oppositor-Appellant.

SYNOPSIS

The Republic of the Philippines appealed from the lower court’s decision dated November 19, 1966 granting the application for citizenship of petitioner-appellee. During the pendency of the appeal, petitioner-appellee filed an application for naturalization under Letter of Instruction No. 270. The same was granted November 26, 1976 pursuant to Presidential Decree No 1055. The Republic of the Philippines moved for the dismissal of the case for having become moot and academic.

The Supreme Court dismissed the case ruling that whatever infirmity here might have been that would vitiate the grant of petitioner-appellee’s application by the lower court has been cured by the grant to him of Philippine citizenship in accordance with Presidential Decree No. 1055.


SYLLABUS


1. CONSTITUTIONAL LAW; CITIZENSHIP; APPLICATION FOR NATURALIZATION UNDER LETTER OF INSTRUCTION NO. 270; GRANT OF PHILIPPINE CITIZENSHIP PURSUANT TO PRESIDENTIAL DECREE NO. 1055 RENDERS THE GOVERNMENT’S APPEAL FROM THE DECISION OF THE LOWER COURT MOOT AND ACADEMIC. — The pending appeal to reverse a lower court decision granting the petitioner’s application for citizenship is dismissed for being moot and academic where whatever infirmity there might have been that would vitiate the grant of petitioner’s application by the lower court has been cured by the grant to him of Philippine citizenship in accordance with Presidential Decree No. 1055, an application to that effect having been filed under Letter of Instructions No. 270.


D E C I S I O N


FERNANDO, J.:


There is a pending appeal in this case by the Republic of the Philippines to reverse a lower court decision granting the application for citizenship of petitioner Choa Peck alias Amado Choa. On January 8, 1982, a motion was filed by appellant Republic of the Philippines with the following allegations: "1. The Republic of the Philippines has appealed to the Honorable Court the decision of the Court of First Instance of Quezon dated November 19, 1966 granting Philippine citizenship to Choa Peck; 2. During the pendency of the appeal, said Choa Peck 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 November 26, 1976 pursuant to Presidential Decree No. 1055. . ." 1 The prayer is for its dismissal for having been moot and academic. Whatever infirmity there might have been that would vitiate the grant of his application by the lower court has been cured by the grant to him of Philippine citizenship in accordance with Presidential Decree No. 1055, an application to that effect having been filed under Letter of Instructions No. 270.

WHEREFORE, the case is dismissed for being moot and academic. No costs.

Aquino, Abad Santos, De Castro, Ericta and Escolin, JJ., concur.

Barredo, J., took no part.

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

Endnotes:


1. Manifestation and Motion, 1.




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