February 1982 - Philippine Supreme Court Decisions/Resolutions
Philippine Supreme Court Jurisprudence
Philippine Supreme Court Jurisprudence > Year 1982 > February 1982 Decisions >
G.R. No. L-38600 February 25, 1982 - IN RE: DANTE YAP GO v. REPUBLIC OF THE PHIL.:
SECOND DIVISION
[G.R. No. L-38600. February 25, 1982.]
IN THE MATTER OF THE PETITION TO BE ADMITTED A CITIZEN OF THE PHILIPPINES, DANTE YAP GO, Petitioner-Appellee, v. REPUBLIC OF THE PHILIPPINES, Oppositor-Appellant.
Sixto C. Brillantes 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 Dante Yap Go. While the case was pending, appellant filed a Manifestation stating that Dante Yap Go had filed an application for naturalization as a Filipino citizen under Letter of Instructions No. 270 and upon recommendation of the Special Committee on Naturalization, was granted Philippine citizenship by Presidential Decree No. 836, taking his oath of allegiance thereafter. It was prayed that the case be dismissed for having become moot and academic.
The Supreme Court dismissed the case, the appropriate curative measures to remove the infirmities which in the opinion of the appellant Republic vitiated petitioner’s application having been taken.
The Supreme Court dismissed the case, the appropriate curative measures to remove the infirmities which in the opinion of the appellant Republic vitiated petitioner’s application having been taken.
SYLLABUS
1. CONSTITUTIONAL LAW; CITIZENSHIP; APPEAL FROM DECISION GRANTING CITIZENSHIP DISMISSED WHERE PETITIONER WAS SUBSEQUENTLY BESTOWED CITIZENSHIP BY PRESIDENTIAL DECREE NO. 836. — Where during the pendency of the appeal from a decision of the lower court granting the application for citizenship of petitioner, he applied for naturalization as a Filipino under Letter of Instructions No. 270, and upon recommendation of the Special Committee on Naturalization, was granted Philippine citizenship by Presidential Decree No. 836, the case is dismissed for having become moot and academic, the appropriate curative measures to remove the infirmities which vitiated petitioner’s application having been taken.
R E S O L U T I O N
FERNANDO, J.:
In this pending appeal by the Republic of the Philippines to reverse a lower court decision granting the application for citizenship of petitioner Dante Yap Go, the grounds alleged were the failure to file a declaration of intention, incompetency of the witnesses, and the failure of petitioner, now appellee, to prove that he has all the qualifications and none of the disqualifications for citizenship. In view of the failure of applicant to file his brief, the case was thereafter deemed submitted for decision.chanrobles law library
On January 25, 1982 a Manifestation and Motion was filed by appellant Republic of the Philippines with the following allegations: "1. It had appealed to this Court the decision of the Court of First Instance of Manila dated December 13, 1973 granting Philippine Citizenship to [Dante Yap Go]; 2. During the pendency of the said appeal, Dante Yap Go filed an application for naturalization as a Filipino citizen under Letter of Instructions No. 270, and upon recommendation of the Special Committee on Naturalization, was granted Philippine citizenship by Presidential Decree No. 836, taking his oath of allegiance on January 9, 1978. Copies of his oath of allegiance and certificate of naturalization are hereto attached as Annexes A and B, to form integral part hereof; . . . ." 1 The prayer is for its dismissal for having become moot and academic. The appropriate curative measures to remove the infirmities which in the opinion of the Republic vitiated petitioner’s application having been taken, the prayer in such Manifestation and Motion must be granted.
WHEREFORE, the case is dismissed for being moot and academic. No costs.
Barredo, Aquino, Concepcion, Jr., Abad Santos, De Castro, Ericta and Escolin, JJ., concur.
On January 25, 1982 a Manifestation and Motion was filed by appellant Republic of the Philippines with the following allegations: "1. It had appealed to this Court the decision of the Court of First Instance of Manila dated December 13, 1973 granting Philippine Citizenship to [Dante Yap Go]; 2. During the pendency of the said appeal, Dante Yap Go filed an application for naturalization as a Filipino citizen under Letter of Instructions No. 270, and upon recommendation of the Special Committee on Naturalization, was granted Philippine citizenship by Presidential Decree No. 836, taking his oath of allegiance on January 9, 1978. Copies of his oath of allegiance and certificate of naturalization are hereto attached as Annexes A and B, to form integral part hereof; . . . ." 1 The prayer is for its dismissal for having become moot and academic. The appropriate curative measures to remove the infirmities which in the opinion of the Republic vitiated petitioner’s application having been taken, the prayer in such Manifestation and Motion must be granted.
WHEREFORE, the case is dismissed for being moot and academic. No costs.
Barredo, Aquino, Concepcion, Jr., Abad Santos, De Castro, Ericta and Escolin, JJ., concur.
Endnotes:
1. Manifestation and Motion, 1.
