Bichara v. Republic of the Philippines
REITERATIONFacts
1. The Antecedents: This case concerns the naturalization petition of Alfonso P. Bichara, who sought to be admitted as a citizen of the Philippines. The Republic of the Philippines opposed this petition. 2. Procedural History: The Court of First Instance of Albay, Branch II-Legaspi City, granted Bichara's petition for naturalization in a decision dated August 10, 1972. The Republic of the Philippines appealed this decision to the Supreme Court, raising issues regarding the competence of Bichara's witnesses and his conduct during his residency. 3. The Petition: The Republic of the Philippines, as appellant, sought the reversal of the lower court's decision. However, during the pendency of the appeal, Bichara was granted Philippine citizenship on April 20, 1976, under Presidential Decree No. 923, following an application under Letter of Instructions No. 270 and a recommendation from the Special Committee on Naturalization. The Solicitor General subsequently filed a Manifestation and Motion to withdraw the appeal, asserting that the case had become moot and academic due to Bichara's naturalization.
Issue(s)
Whether the appeal has become moot and academic; and whether the Republic of the Philippines' plea for withdrawal of the appeal should be granted.
Ruling
The appeal is dismissed.
Ratio Decidendi
On the issue of mootness and withdrawal of appeal: The Court noted the Manifestation and Motion filed by the Office of the Solicitor General. This manifestation stated that during the pendency of the appeal, Alfonso P. Bichara was granted Philippine citizenship pursuant to Presidential Decree No. 923. The Solicitor General, representing the Republic of the Philippines, prayed for the withdrawal of the appeal. Given that the appellant, through its counsel, admitted to the applicant's citizenship by its own act, the plea that the case had become moot and academic was deemed in order. Therefore, the appeal was dismissed.
Main Doctrine
An appeal in a naturalization case becomes moot and academic when the Republic of the Philippines, through the Solicitor General, manifests that the applicant has been granted Philippine citizenship during the pendency of the appeal, and prays for the withdrawal of the appeal.