GR L 9823; (April, 1957) (Digest)
G.R. No. L-9823; April 30, 1957
In the Matter of the Petition of JESUS ISASI Y LARRABIDE to be Admitted a Citizen of the Philippines. JESUS ISASI Y LARRABIDE, petitioner-appellee, vs. REPUBLIC OF THE PHILIPPINES, oppositor-appellant.
FACTS
On October 28, 1949, petitioner Jesus Isasi y Larrabide, a Spanish subject, filed a petition for naturalization (Civil Case No. 1462) with the Court of First Instance of Negros Occidental. The court granted the petition on May 16, 1950. However, Republic Act No. 530 took effect on May 15, 1950, which prohibited the hearing of any petition for citizenship until two years after its filing and required the court to be satisfied that the applicant had, during that period, not left the Philippines, among other conditions. Despite this new law, the petitioner was issued a certificate of naturalization and took the oath of allegiance on June 10, 1950. He then immediately left the Philippines with his family for Spain. Consequently, upon petition of the Solicitor General, the court cancelled his oath and certificate on August 21, 1951. After returning from Spain, the petitioner filed a new petition for naturalization on April 26, 1954. During the hearing, the presiding judge suggested reviving the previous grant. The petitioner filed a motion to revive but later withdrew it upon the opinion of another judge that the prior decision had been nullified. The trial court then dismissed the new petition on two grounds: (1) the previous decision in Case No. 1462 was still valid and executory, making the new petition superfluous, and (2) the petitioner failed to present evidence about his landing certificate. The petitioner did not appeal, but the Government appealed, contesting the lower court’s declaration that the previous decision was still executory.
ISSUE
Whether the previous decision (Civil Case No. 1462) granting the petitioner naturalization is still valid and executory despite the petitioner’s violation of Republic Act No. 530 by taking his oath and leaving the Philippines before the two-year period.
RULING
No. The previous decision is not valid and executory. The Supreme Court held that the grant of naturalization in Case No. 1462 was completely nullified because the petitioner took his oath and immediately left the Philippines in violation of Section 1 of Republic Act No. 530 . Consequently, whatever right he acquired under that decision was lost. The Court set aside the order of dismissal and remanded the case to the court of origin for further proceedings, as the dismissal was made without findings of fact, preventing the Supreme Court from ruling on the merits of the new petition.