GR L 3936; (December, 1950) (Digest)
G.R. No. L-3936 December 29, 1950
REPUBLIC OF THE PHILIPPINES, petitioner, vs. DEMETRIO ENCARNACION Y SI KEE (alias BENITO SY MACO), respondent.
FACTS
On May 15, 1950, the Court of First Instance of Rizal promulgated a supplemental decision granting the naturalization application of Si Kee (alias Benito Sy Maco). The Solicitor General was notified the next day, May 16. Upon the applicant’s motion, and over the Solicitor General’s opposition, the court issued an order on July 12, 1950, setting the applicant’s oath-taking and issuance of the certificate of citizenship for July 18, 1950. The Solicitor General appealed this order to the Supreme Court, arguing that the court was no longer authorized to administer the oath and issue the certificate under the newly enacted Republic Act No. 530 . The Supreme Court issued a preliminary prohibitory injunction.
ISSUE
Whether Republic Act No. 530 , which amended the naturalization law, applies to the respondent’s case where the supplemental decision was promulgated before the law’s effectivity but the oath-taking was scheduled after.
RULING
Yes, Republic Act No. 530 applies. The supplemental decision would have become final and executory on June 16, 1950, as the last day for the Solicitor General to appeal was June 15. However, RA 530, which provides in its first article that “nor shall any decision granting the application become executory until after two years from its promulgation,” took effect on the date of its approval, June 16, 1950. The law expressly states it is applicable to pending cases and to cases where the applicant has not yet taken the oath of citizenship. Since the law took effect at the first minute of June 16, 1950, before the decision could become executory, the respondent acquired no vested right under the old law. The Court rejected the respondent’s contention that the law was signed at midnight and thus the decision became final before that moment, holding that laws take effect on the day of their approval, not at the precise hour of signing, to avoid uncertainty. The writ was granted, and costs were taxed against the respondent.
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