G.R. No. L-8913 - In the matter of the petition of Alfonso K. Chan to be admitted a citizen of the Republic, petitioner-appellee vs. Republic, oppositor-appellant.

On May 6, 1953, Alfonso K. Chan filed a petition for naturalization with the Court of First Instance of Davao.

The petitioner sought to be admitted as a Filipino citizen through the naturalization process.

After due hearing, the lower court rendered a judgment granting the petitioner Philippine citizenship.

"WHEREFORE, the court declares the petitioner Alfonso K. Chan, for all Legal purposes, Filipino citizen by naturalization."

The government, represented by its fiscal, appealed on the ground that the lower court did not adhere to the provisions of Republic Act No. 530 regarding naturalization.

The contention was specifically related to the manner in which the judgment was executed, particularly the failure to impose the necessary conditions stipulated by the Act.

The Act mandates that, prior to the finality and executory effect of a decision granting citizenship, a two-year period must elapse from its promulgation.

During this intervening period, the court is required, on proper hearing and with the attendance of the Solicitor General or his representative, to verify that the petitioner:

Has not been convicted of any offense or violation of government promulgated rules; and

Even after fulfilling these conditions, the petitioner would only be entitled to all the privileges of a Filipino citizen after taking the prescribed oath of allegiance to the Republic of the Philippines.

It was suggested that there may have been an intention by the trial court to apply these legal provisions, though the language of the judgment could be misinterpreted as immediately conferring citizenship without compliance with the necessary statutory requirements.

Additionally, it was noted that significant expense and effort could have been avoided if the government’s fiscal had instead requested an amendment to the dispositive portion of the judgment, rather than proceeding with an immediate appeal.

Whether the lower court erred in granting Philippine citizenship to Alfonso K. Chan without ensuring compliance with the procedures and conditions mandated by Republic Act No. 530.
Whether the dispositive portion of the judgment was erroneous in its interpretation, potentially conferring citizenship immediately rather than subjecting it to the statutory waiting period and the fulfillment of ancillary conditions.
Whether the proper legal procedure would have allowed for a modification of the judgment by the court below instead of the government initiating a full appeal.