Case Digest (G.R. No. L-23075)
Facts:
Republic of the Philippines v. Hon. Andres Reyes, as Judge of the Court of First Instance of Rizal, Branch VI and Lim Bek Keng, G.R. No. L-23075, August 19, 1970, Supreme Court En Banc, Makasiar, J., writing for the Court.The petitioner is the Republic of the Philippines, acting through the Solicitor General; the respondents are Hon. Andres Reyes, Judge of the Court of First Instance of Rizal, Branch VI (the trial judge), and Lim Bek Keng, the naturalized citizen whose certificate of naturalization is the subject of the proceedings.
On November 20, 1957, Lim Bek Keng filed a petition for naturalization (Case No. 308) in the Court of First Instance of Rizal. On January 31, 1959 the trial court rendered judgment granting the petition. After hearings, the court on February 15, 1961 ordered that Lim be allowed to take the oath of allegiance; Lim took the oath on February 16, 1961 and a certificate of naturalization was issued.
On October 11, 1962 the Solicitor General filed, in the same court and case, a motion seeking nullification of the January 31, 1959 decision and cancellation of the certificate of naturalization and its civil registry entry. The grounds alleged included fraud and misrepresentation as to residence (including a purported change of residence certificate), a possibly falsified medical certificate, false statements about his children’s schooling (to claim exemption from filing a declaration of intention), absence of the required declaration of intention, and lack of residency depriving the court of jurisdiction. The Solicitor General amplified the motion by memorandum on December 9, 1963; Lim filed opposition on January 15, 1964.
On March 30, 1964 the trial judge denied the Solicitor General’s motion. The Republic filed a notice of appeal on May 5, 1964 and moved for approval of the record on appeal on May 7, 1964. On May 19, 1964 the trial judge issued an order dismissing the appeal on the ground there was no statutory right to appeal from a resolution in denaturalization proceedings, citing his earlier view in Ang To (No. 326). The Republic then filed this petition for mandamus and certiorari seeking annulment of the trial judge’s May 19, 1964 order, an order compelling the judge to approve the record on appeal and to elevate the record and evidence to this Court.
The Supreme Court considered previou...(Pro-only)
Issues:
- May the Republic of the Philippines appeal from a trial court order denying its petition for the cancellation of a certificate of naturalization (i.e., is an order denying denaturalization appealable)?
- Should the trial judge’s order dismissing the Republic’s appeal be set aside and the judge be commanded to approve and ele...(Pro-only)
Ruling:
- (Pro-only)
Ratio:
- (Pro-only)
Doctrine:
- (Pro-only)