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[IN MATTER OF PETITION OF ALFONSO K. CHAN TO BE ADMITTED A CITIZEN OF PHILIPPINES](https://www.lawyerly.ph/juris/view/c3aad?user=fbGU2WFpmaitMVEVGZ2lBVW5xZ2RVdz09)
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G.R. No. L-8913

[ G.R. No. L-8913, July 24, 1956 ]

IN THE MATTER OF THE PETITION OF ALFONSO K. CHAN TO BE ADMITTED A CITIZEN OF THE PHILIPPINES, PETITIONER-APPELLEE, V.S. REPUBLIC OF THE PHILIPPINES, OPPOSITOR-APPELLANT.

D E C I S I O N

REYES, J.B.L., J.:

On May 6, 1953, Alfonso K. Chan filed a petition for naturalization with the Court of First Instance of Davao. After due hearing, the lower Court rendered judgment granting Philippine citizenship to the applicant, the dispositive portion of which reads:
"WHEREFORE, the court declares the petitioner Alfonso K. Chan, for all Legal purposes, Filipino citizen by naturalization."
From this decision, the government appealed, alleging that the lower court erred in not following the provisions of Republic Act No. 530 concerning the manner of execution of judgment in naturalization cases.

The appeal must granted. Under Republic Act No. 530, before any decision granting an application for Philippine citizenship can be final and executory, it is necessary that two years from its promulgation elapse, and that-
"the court, on proper hearing, with the attendance of the Solicitor General or his representative, is satisfied, and so finds, that during the intervening time the applicant has (1) not left the Philippines, (2) has dedicated himself continously to a lawful calling or profession, (3) has not been convicted of any offense or violation of Government promulgated rules, (4) or committed any act prejudicial to any Government announced policies." (Rep. Act No. 530, sec 1);
and even after compliance with such conditions, the applicant will become entitled to all the privileges of a Filipino citizen only after he takes the prescribed oath of allegiance to the Republic of the Philippines (Rep. Act No. 530, sec 2). It is possible that the trial court intended to have these legal provisions applied in this case, although the decision on its face could be interpreted as conferring upon the petitioner Alfonso K. Chan the status and privileges of a Filipino citizen without need of fulfilling the legal requirements. On the other hand, much expense and work for the government could have been avoided if the fiscal who represented it in the court below had simply asked for an amendment of the dispositive portion of the judgment as above indicated, instead of immediately procecuting this appeal.

The dispositive portion of the judgment appealed from is hereby modified so as to declare the petitioner Alfonso K. Chan entitled to acquire Philippine citizenship upon fulfillment of all the legal requirements under Republic Act No. 530. Costs against appelle Alfonso K. Chan.

Paras, C.J., Bengzon, Padilla, Montemayor, Reyes, A., Bautista Angelo, Labrador, Concepcion, Reyes, J.B.L., and Endencia, JJ., concur.

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