GR 27281; (June, 1970) (Digest)
G.R. No. L-27281 June 30, 1970
REPUBLIC OF THE PHILIPPINES, petitioner, vs. HON. GAUDENCIO CLORIBEL, as Judge of the Court of First Instance of Manila, Branch VI and JUANITO SY, respondents.
FACTS
The petitioner, the Republic of the Philippines, through the Office of the Solicitor General, filed an appeal from the order of respondent Judge Gaudencio Cloribel dated October 23, 1965. This order allowed private respondent Juanito Sy to take his oath of allegiance as a Filipino citizen and directed the issuance of a certificate of naturalization, finding that Sy had complied with all requirements under Republic Act No. 530. The notice of appeal was filed on December 29, 1965. However, in an order dated September 30, 1966, respondent Judge dismissed the government’s appeal. The dismissal was based on the court’s agreement with Sy’s opposition, which alleged that the appeal was frivolous, intended for harassment and revenge, motivated by a criminal case Sy had filed against a relative of the then Solicitor General. The order stated the appeal’s sole motivation was revenge and, for the sake of justice and equity, could not be allowed. The Republic then filed this petition for certiorari and mandamus to challenge the dismissal and compel the approval of its record on appeal.
ISSUE
Whether the respondent Judge acted with grave abuse of discretion amounting to lack or excess of jurisdiction in dismissing the government’s appeal from the order allowing Juanito Sy to take his oath of allegiance.
RULING
Yes. The Supreme Court granted the petition for certiorari and mandamus. The Court held that the respondent Judge’s dismissal of the government’s appeal was a grave abuse of discretion. The right of the government to appeal in naturalization cases is of paramount importance, as such proceedings involve matters of highest public interest and require the most exacting scrutiny to ensure all legal qualifications for citizenship are fully met. The alleged motive of harassment or revenge attributed to the Office of the Solicitor General is immaterial and cannot defeat the government’s right to appeal. The government is not bound by pleadings in naturalization proceedings and has a duty to ensure compliance with all legal requirements at any stage. The Court declared the dismissal order null and void and commanded the judge presiding over Branch VI of the Court of First Instance of Manila to approve the petitioner’s record on appeal and elevate the case for review. The preliminary injunction restraining Sy from exercising the rights of a Filipino citizen was made permanent.