G.R. No. 142011 - Choa vs. People

On April 25, 1989, Alfonso Chan Choa, a Chinese national, filed a verified petition for naturalization under Commonwealth Act No. 473 with RTC Branch 41, Bacolod City (Special Proceeding No. 5395).
At the initial hearing on August 27, 1990, petitioner began testifying under oath but did not complete his direct examination.
On August 29, 1990, he moved to withdraw his petition; RTC Branch 41 granted the motion by Resolution dated September 28, 1990, without requiring him to state a reason, thereby terminating the naturalization proceedings.

On August 5, 1992, State Prosecutor Pedro D. Delfin, acting on a complaint by petitioner’s wife, filed before MTCC Branch 3, Bacolod City (Criminal Case No. 50322) an Information charging petitioner with perjury under Article 183, RPC, for false statements in his naturalization petition, namely:

Alleging that his wife and two children resided at 46 Malaspina Street, Villamonte, Bacolod City, when they had lived elsewhere since 1984;
Asserting irreproachable moral character although cohabiting with another woman and fathering two children outside marriage.

Trial Court (MTCC) Decision (February 21, 1995) found him guilty of perjury and imposed six months and one day of prision correccional. His motion for reconsideration was denied (March 31, 1995).
RTC Branch 54 affirmed the conviction by Decision dated September 12, 1996.
The Court of Appeals, in CA-G.R. CR No. 19968, affirmed with modification on June 8, 1999, sentencing petitioner under the Indeterminate Sentence Law to three months arresto mayor as minimum to one year and eight months prision correccional as maximum. A motion for reconsideration was denied (February 22, 2000).
Petitioner filed a petition for review on certiorari under Rule 45 before the Supreme Court (G.R. No. 142011), which heard the case and rendered judgment on March 14, 2003.

Whether petitioner committed perjury by willfully making false statements under oath in his verified petition for naturalization.
Whether the withdrawal of the naturalization petition rendered the alleged false statements functus officio and thus barred prosecution for perjury.