G.R. No. L-44831. August 27, 1979

IN THE MATTER OF THE PETITION TO BE ADMITTED A CITIZEN OF THE PHILIPPINES, MARCELINO TIU, PETITIONER-APPELLEE, VS. REPUBLIC OF THE PHILIPPINES, OPPOSITOR-APPELLANT.

Decisions / Signed Resolutions August 27, 1979 SECOND DIVISION FERNANDO, C.J.:
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FERNANDO, C.J.:


This is an appeal by the Republic of the Philippines
from a lower court decision dated April
26, 1971, appellee Marcelino
Tiu having been allowed by the order of July 11, 1975 to take his oath as a
citizen of the Philippines
conformably to the judgment in his favor. 
Upon the records of the case having been elevated to this Court by the
Court of First Instance of Manila, this Tribunal, in a resolution of October
27, 1976, gave due course to the appeal. 
Thereafter, on December 17, 1976, this Court issued the following
resolution:  “Considering the
pleadings filed in this case, the Court resolved to [grant] (a) the motion of
the Solicitor General for suspension of period to file printed record on
appeal, stating that petitioner-appellee has filed an
application for naturalization by Presidential Decree, under Letter of
Instruction No. 270 which provides less stringent requirements than those under
which the instant case was pursued and proceeded upon and that action on said
application is expected in a short while; and (b) the letter-request for
extension of time to submit the transcript of stenographic notes in this case
of stenographer Alejandro G. Beltran, for two months, counted from
notice.”[1]
No further action was taken by the Office of the Solicitor General until this
brief note came from Assistant Solicitor General Lorenzo G. Timbol
“that as per our records the application for naturalization of Marcelino Tiu in SCN No. 008667 has already been granted.  Mr. Tiu took his
oath of allegiance on January 6, 1977
and was issued his certificate of naturalization on March 18, 1977.”[2]

WHEREFORE, the appeal is dismissed, the case having become
moot and academic with appellee Marcelino
Tiu having taken his oath of allegiance and having
been issued his certificate of naturalization on the dates above stated.

Barredo, Antonio, Aquino,
and Concepcion,
Jr., JJ., concur.

Santos and Abad Santos, JJ., on official leave.


[1]
Resolution of this Court dated December
17, 1976.

[2]
Letter of Assistant Solicitor General Lorenzo G. Timbol
dated August 7, 1979.