G.R. No. L-40005. March 25, 1982
IN THE MATTER OF THE PETITION OF JOSE NGO TO BE ADMITTED A CITIZEN OF THE PHILIPPINES, JOSE NGO, PETITIONER-APPELLEE, VS. REPUBLIC OF THE PHILIPPINES, OPPOSITOR-APPELLANT.
FERNANDO, C.J.:
In this case, the
Republic of the Philippines appealed a lower court decision
granting the petition for
naturalization of appellee Jose Ngo, as
well as its order, thereafter issued after the required period,
“granting Philippine citizenship to the petitioner * * * whereupon, and not before, he will be entitled to all the
privileges of a Filipino citizen, * * *.”[1]
With the submission of the
briefs, the case was submitted for decision.
Subsequently, on January
25, 1982, there was
a Manifestation and Motion by the Office of the Solicitor General.[2] It alleged:
“1. It had appealed to this Court the decision of the Court of
First Instance of Rizal dated February 1, 1971 granting Philippine citizenship
to [Jose Ngo]; 2. During the
pendency of this appeal, Jose Ngo filed an application for naturalization as a
Filipino citizen under Letter of Instructions No. 270, and upon the
recommendation of the Special Committee on Naturalization, was granted
Philippine citizenship by Presidential Decree No. 1220, taking his oath of allegiance on February 15, 1978. * *
*.”[3] Such Manifestation and Motion included
copies of his Oath of Allegiance[4] and the Certificate of Naturalization.[5] Under the circumstances, the appeal is being
withdrawn, the question having become moot and academic.
WHEREFORE, this case is dismissed for
having become moot and academic.
Barredo, Aquino, Concepcion, Jr., Ericta, and Escolin, JJ., concur.
Abad Santos, J., on official
leave.
De Castro, J., no part.
[1]
Record on Appeal,
13.
[2]
Solicitor General Estelito P. Mendoza was assisted by Assistant Solicitor General Nathanael P. de Pano, Jr.
[3]
Manifestation and
Motion, 1.
[4]
Annex A.
[5]
Annex B.