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REPUBLIC
OF THE PHILIPPINES,
G. R. No. L-32010
March 29, 1971
-versus-
HON.
ANGEL P. BACANI
DIZON, J.:
This case is a
Special Civil Action for Certiorari
and Prohibition, with a prayer for the issuance of a writ of
preliminary
injunction, seeking to annul an Order issued by the respondent Judge on
March 10, 1970 in Special Proceeding No. U-316 of the Court of First
Instance
of Pangasinan, Branch IX; to restrain all the respondents from
implementing
or executing said order, and lastly, to enjoin the private respondent
from
representing himself as, or claiming to be a Filipino citizen, and from
exercising rights and prerogatives as such. The petition was grounded
on
the claim that respondent Judge, in issuing the aforesaid order, acted
without or in excess of his jurisdiction or with grave abuse of
discretion.
On July 1, 1970,
this Court issued a writ of preliminary
injunction as prayed for in the petition. At the hearing of the case held on August 24, 1970, the court granted the parties a period of twenty days from that date to submit, simultaneously, their respective memorandum. After both parties had submitted such memoranda the case was deemed submitted for decision. On March 19, 1971 the private respondent, through counsel, filed a motion, with the conformity of the Office of the Solicitor General, praying for the reasons therein set forth, "that an order be issued by this Honorable Court setting aside the decision of the Court of First Instance of Pangasinan declaring respondent, Yu Lan alias Dy Kiana as citizen of the Philippines," the same being null and void on jurisdictional grounds. WHEREFORE, as
prayed for, it is hereby ordered
that the Decision subject of the Petition for Certiorari and
Prohibition
filed in this case be, as it is hereby set aside, and declared of no
legal
effect. Without costs. Castro, Fernando, Teehankee, Barredo, Villamor and Makasiar. JJ., concur. |
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