REPUBLIC VS DELA ROSA

G.R. No. 104654, 6 June

Proceedings; C.A. No. 473]

1994

[Citizenship;

Naturalization;

Naturalization

FACTS:
September 20, 1991 - Frivaldo filed a petition for naturalization under the
Commonwealth Act No. 63 before the RTC Manila.

October 7, 1991 - Judge dela Rosa set the petition for 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 date of the said hearing.

January 14, 1992 - Frivaldo asked the Judge to cancel the March 16 hearing and
move it to January 24, 1992, citing his intention to run for public office in the May
1992 elections. Judge granted the motion and the hearing was moved to February
21. No publication or copy was issued about the order.

February 21, 1992 - the hearing proceeded.

February 27, 1992 - Judge rendered the assailed Decision and held that Frivaldo is
readmitted as a citizen of the Republic of the Philippines by naturalization.

Republic of the Philippines filed a petition for Certiorari under Rule 45 of the Revised
Rules of Court in relation to R.A. No. 5440 and Section 25 of the Interim Rules, to
annul the decision made on February 27, 1992 and to nullify the oath of allegiance
taken by Frivaldo on same date.

ISSUE:
Whether or not Frivaldo was duly re-admitted to his citizenship as a Filipino.

RULING:

No. The supreme court ruled that Private respondent is declared NOT a citizen of the
Philippines and therefore disqualified from continuing to serve as governor of the
Province of Sorsogon. He is ordered to vacate his office and to surrender the same
to the Vice-Governor of the Province of Sorsogon once this decision becomes final
and executory. The proceedings of the trial court was marred by the following
irregularities:
(1) the hearing of the petition was set ahead of the scheduled date of hearing,
without a publication of the order advancing the date of hearing, and the petition
itself;
(2) the petition was heard within six months from the last publication of the petition;
(3) petitioner was allowed to take his oath of allegiance before the finality of the
judgment; and
(4) petitioner took his oath of allegiance without observing the two-year waiting
period.