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, VS. REPUBLIC OF THE PHILIPPINES, OPPOSITOR-APPELLANT.
R E S O L U T I O N
FERNANDO, C.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. 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.
[1] Manifestation and Motion, 1.
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.
[1] Manifestation and Motion, 1.
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