LIM LIAN TENG, PETITIONER AND APPELLEE, VS. REPUBLIC OF THE PHILIPPINES, OPPOSITOR AND APPELLANT.

This is an appeal from the decision of the Court of First
Instance of Marinduque dated December 17, 1951, the dispositive part of which
reads as follows:

“In view of all the above considerations, this court hereby
renders judgment finding that the petitioner has all the qualifications and none
of the disqualifications provided for by the Revised Naturalization Law, which
entitle him for admission to a naturalized citizen of the Republic of the
Philippines. Thirty days after this decision becomes final let the necessary
naturalization certificate be issued by the Clerk of Court upon previously
taking the prescribed oath the form of which appears in section 12 of the
statute.”

The appellant is the Government. In the brief filed by the
Solicitor General, the only contention raised is that the appealed decision, in
so far as its execution is concerned, should be subject to Republic Act No. 530
which provides that any decision granting the application for Philippine
citizenship shall become executory only after two years from its promulgation
and after the court, on proper hearing, with the attendance of the Solicitor
General or his representative, is satisfied, and so finds, that during the
intervening time the applicant has (1) not left the Philippines, (2) has
dedicated himself continuously to a lawful calling or profession, (3) has not
been convicted of any offense or violation of Government promulgated rules, (4)
or committed any act prejudicial to the interest of the nation or contrary to
any government announced policies.

After the Solicitor General had filed his brief, counsel for
the petitioner-appellee presented a motion praying that the appellee be excused
from filing his brief and that the case be considered immediately submitted for
decision, it being alleged that the appellee concurs in the contention of the
Solicitor General. This motion, to which the Solicitor General agreed, was
granted by this Court in its resolution of October 27, 1952.

Republic Act No. 530 took effect on June 16, 1950, but section
4 thereof expressly makes the Act applicable to “cases pending in court and to
those where the applicant has not yet taken the oath of citizenship.” It
appearing that the petition for naturalization was filed on June 12, 1950, the
appealed decision was rendered only on December 17, 1951, and the appellee has
not yet taken the oath of citizenship, the Solicitor General’s contention—as
admitted by counsel for the appellee—is absolutely correct.

Wherefore, the appealed decision is modified in the sense that
its execution shall be subject to the provisions of Republic Act No. 530. So
ordered, with costs against the petitioner-appellee.

Pablo, Bengzon, Padilla, Montemayor, Jugo, Bautista Angelo, and
Labrador, JJ., concur.