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.

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