G.R. No. L-5661 November 13, 1952
LIM LIAN TENG, petitioner-appellee, vs. REPUBLIC OF THE PHILIPPINES, oppositor-appellant.

FACTS

Lim Lian Teng filed a petition for naturalization. The Court of First Instance of Marinduque rendered a decision on December 17, 1951, finding him qualified for naturalization and ordering the issuance of a naturalization certificate thirty days after the decision became final, upon taking the prescribed oath. The Republic of the Philippines appealed. The Solicitor General contended that the execution of the decision should be subject to Republic Act No. 530 , which imposes additional conditions before a naturalization decision becomes executory. Counsel for the petitioner-appellee concurred with the Solicitor General’s contention and moved to dispense with filing a brief, which motion was granted.

ISSUE

Whether the execution of the decision granting Lim Lian Teng’s petition for naturalization is subject to the provisions of Republic Act No. 530 .

RULING

Yes. The Supreme Court modified the appealed decision, ruling that its execution shall be subject to the provisions of Republic Act No. 530 . The Court found that Republic Act No. 530 , which took effect on June 16, 1950, is expressly applicable to cases pending in court and to those where the applicant has not yet taken the oath of citizenship. Since the petition was filed on June 12, 1950, the decision was rendered on December 17, 1951, and the appellee had not yet taken the oath of citizenship, the law applied. The decision granting citizenship would only become executory after two years from its promulgation and after a proper hearing confirming the applicant’s continued compliance with specific requirements during the intervening period.