G.R. No. L-31475. March 24, 1981
IN RE: PETITION TO BE ADMITTED A CITIZEN OF THE PHILIPPINES, LAO ENG GUAN, PETITIONER-APPELLEE, VS. REPUBLIC OF THE PHILIPPINES, RESPONDENT-APPELLANT.
FERNANDO, C.J.:
From a decision granting an application for naturalization of
petitioner-appellee Lao Eng Guan, the Republic appealed on the ground that the lower court, notwithstanding the
failure to allege good moral character
in his application, acted favorably on it as in its opinion there was
satisfactory evidence thereof adduced at the hearing, and that the lower court
again concluded as curative the fact that after the filing thereof, there was
an increase in the income of petitioner–appellee which was below the required level when he started the proceeding, contrary to the authoritative precedents. With
the, filing of brief for petitioner-appellee, the matter was deemed submitted
for decision.
On March 6, 1981, there was this manifestation and motion for the
Republic of the Philippines wherein it was alleged: “The Republic Of the
Philippines has appealed to this Honorable Court the decision of the Court of
First Instance of Zambales, Third Judicial District, Branch I, dated December
24, 1968 granting Philippine Citizenship to Lao Eng Guan; During the pendency
of the appeal, said Lao Eng Guan filed an application for naturalization under
Letter of Instruction No. 270 and upon recommendation of the Special Committee
on Naturalization, he was granted Philippine Citizenship on February 9, 1976
pursuant to Presidential Decree No. 836. * * *.”[1]
The prayer is for the case to be dismissed for being moot and academic. Clearly, such a plea is warranted.
WHEREFORE, the appeal is deemed withdrawn and the case
dismissed for being moot and academic. No costs.
Aquino, Concepcion, Jr., Guerrero, and De Castro, JJ., concur.
Abad Santos, J., on official leave.
Barredo, J., did not take part.
[1]
Manifestation and Motion dated March 6, 1981.