[ G.R. No. L-37243. May 31, 1982 ]

[ G.R. No. L-37243. May 31, 1982 ]

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SECOND DIVISION

[ G.R. No. L-37243. May 31, 1982 ]

IN THE MATTER OF THE PETITION OF ALFONSO P. BICHARA, BAPTIZED AS ALFONSO ANTONIO BICHARA, TO BE ADMITTED A CITIZEN OF THE PHILIPPINES, ALFONSO P. BICHARA, PETITIONER-APPELLEE, VS. REPUBLIC OF THE PHILIPPINES, OPPOSITOR-APPELLANT.

R E S O L U T I O N

FERNANDO, C.J.:

This is an appeal by the Republic of the Philippines from a lower court decision granting the petition for naturalization of appellee Alfonso P. Bichara. The reversal of such decision was based on the alleged lack of competence of the witnesses for the applicant and on his failing to conduct himself in a proper and irreproachable manner during the entire period of his residence in this country. The case was submitted for decision without oppositor-appellant's reply brief. On March 11, 1982, there was a Manifestation and Motion by the Office of the Solicitor General.[1] It alleged: "1. The Republic of the Philippines has appealed to this Honorable Court the decision in Naturalization Case No. 104 of the Court of First Instance of Albay (Branch II-Legaspi City) dated August 10, 1972 granting Philippine citizenship to [Alfonso P. Bichara]; 2. During the pendency of the appeal, said [Alfonso P. Bichara] filed an application for naturalization under Letter of Instructions No. 270, and upon recommendation of the Special Committee on Naturalization, he was granted Philippine citizenship on April 20, 1976 pursuant to Presidential Decree No. 923. * * *."[2] Such Manifestation and Motion included copies of his Oath of Allegiance[3] and the Certificate of Naturalization.[4] The prayer was for the withdrawal of the appeal.

Appellant Republic having by its own act admitted to citizenship applicant Alfonso P. Bichara, its plea that the case had become moot and academic is in order. WHEREFORE, the appeal is dismissed.

Barredo, Aquino, Guerrero, Abad Santos, De Castro, and Escolin, JJ., concur. Concepcion, Jr., J., on leave.

[1] Solicitor General Estelito P. Mendoza was assisted by Assistant Solicitor General Eulogio Raquel-Santos. [2] Manifestation and Motion, 1.

[3] Annex 1.

[4] Annex 2.