G.R. No. L-37074 May 31, 1982
IN THE MATTER OF THE PETITION OF BENITO LEE TO BE ADMITTED A CITIZEN OF THE PHILIPPINES, BENITO LEE, petitioner-appellee,
vs.
REPUBLIC OF THE PHILIPPINES, oppositor- appellant.
R E S O L U T I O N
BARREDO, J.:
Appeal by the Republic of the Philippines from a decision of the lower court dated September 25, 1972, the dispositive part of which reads as follows:
WHEREFORE, the said petition of Benito Lee to be admitted a citizen of the Philippines is hereby granted, and let the proper naturalization certificate be issued in his favor and the registration thereof in the proper court registry, this decision to become executory in accordance with the provisions of Section 1 of Republic Act No. 535.
Although the oppositor-appellant has already filed its brief, the petitioner- appellee failed to file the same and so the Court resolved to consider this case submitted for decision without appellee’s brief.
On March 24, 1982, an Ex-Parte Manifestation and Motion was filed by the Office of the Solicitor General where it alleged the following:
1. The Republic of the Philippines has appealed to this Honorable Court the decision of the Court of First Instance of Manila (Branch XV) dated October 3, 1972 granting Philippine citizenship to Benito Lee:
2. During the pendency of the appeal, said Benito Lee 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. Copies of his Oath of Allegiance and Certificate of Naturalization are hereto attached as Annexes “1” and “2′” respectively.
as a consequence of which it is prayed that this case be dismissed for being moot and academic.
WHEREFORE, this case is dismissed for being moot and academic. No costs.
Aquino, Guerrero, Abad Santos, De Castro and Escolin, JJ., concur.
Conception Jr., J., is on leave.
Batas Pinas
