REPUBLIC VS. DELA ROSA. G.R.NO. 104654. JUNE 6, 1994
REPUBLIC VS. DELA ROSA. G.R.NO. 104654. JUNE 6, 1994
FACTS:
On September 1991, petitioner filed a petition for
naturalization captioned to be readmitted as citizen of the Philippines. The
respondent Judge set the hearing on March 16, 1992 and directed the publication
of the said order and petition in the official gazette and a newspaper of
general circulation for 3 consecutive weeks, the last publication of which
should be at least 6 months before the said date of hearing.
In January 14, 1992, file a motion to set hearing ahead of
schedule, that it shall be alone in January instead of March “where he manifested
his intention to run for public office in the May 1992 elections. This motion
was granted and the hearing was moved. Judge rendered that petitioner Frivaldo,
is readmitted as a citizen of the Philippines by naturalization, thereby
vesting upon him all the rights and privileges of a natural born Filipino
citizen. Solicitor General interposed an appeal.
ISSUE:
Whether petition Frivaldo was duly readmitted as Philippine
citizen.
HELD:
No, Because of the following irregularities: 1. The hearing
was scheduled ahead of the set scheduled of hearing, without a publication of
the order advancing the date of such, 2. The petition was heard within 6 months
from the last publication of the petition, 3. Petitioner was allowed to take
his oath of allegiance before the finality of judgment, and 4. Petitioner took
his oath of allegiance without observing the 2 year waiting period.