Abdula vs. Guiani G.R. No.: 118821, February 18, 2000, 326 SCRA 1 FACTS: The case involves a petition for certiorari and prohibition to set aside the warrant of arrest issued by Judge Japal M. Guiani of Branch 14 of the Regional Trial Court of Cotabato City. The petitioners, Mayor Bai Unggie D. Abdula and Odin Abdula, were charged with murder in Criminal Case No. 2376. The murder complaint alleged that the petitioners paid six other individuals for the death of a certain Abdul Dimalen, the former COMELEC Registrar of Kabuntalan, Maguindanao. Initially, the Provincial Prosecutor of Maguindanao dismissed the murder charges against the petitioners and five other respondents due to lack of prima facie evidence. However, a separate information for murder was filed against one of the respondents, Kasan Mama. Subsequently, the case was ordered to be returned to the Provincial Prosecutor for further investigation. After additional evidence was presented, the Provincial Prosecutor found a prima
Republic vs. De La Rosa
GR No. 104654, June 6 1994, 232 SCRA 785
FACTS:
This is 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, filed by the Republic of the Philippines:
(1) to annul the Decision of the Regional Trial Court, Branch 28, Manila, which re-admitted private respondent as a Filipino citizen under the Revised Naturalization Law (C.A. No. 63 as amended by C.A. No. 473); and
(2) to nullify the oath of allegiance taken by private respondent on February 27, 1992.
Petitioner then filed a petition on September 20, 1991 for naturalization captioned to be re-admitted as citizen of the Philippines.
On January 14, 1992, private respondent filed a "Motion to Set Hearing Ahead of Schedule, that it shall be done on January instead of having it on March, " where he manifested his intention to run for public office in the May 1992 elections. The motion was granted and the hearing was moved on February.
On February 27, respondent Judge rendered the assailed Decision and held that Petitioner JUAN G. FRIVALDO, is re-admitted as a citizen of the Republic of the Philippines by naturalization, thereby vesting upon him, all the rights and privileges of a natural born Filipino citizen.
The Solicitor General subsequently interposed a timely appeal directly with the Supreme Court.
ISSUE:
Whether or not the petitioner was duly re-admitted to his citizenship as Filipino.
HELD:
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.
FACTS:
This is 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, filed by the Republic of the Philippines:
(1) to annul the Decision of the Regional Trial Court, Branch 28, Manila, which re-admitted private respondent as a Filipino citizen under the Revised Naturalization Law (C.A. No. 63 as amended by C.A. No. 473); and
(2) to nullify the oath of allegiance taken by private respondent on February 27, 1992.
Petitioner then filed a petition on September 20, 1991 for naturalization captioned to be re-admitted as citizen of the Philippines.
On January 14, 1992, private respondent filed a "Motion to Set Hearing Ahead of Schedule, that it shall be done on January instead of having it on March, " where he manifested his intention to run for public office in the May 1992 elections. The motion was granted and the hearing was moved on February.
On February 27, respondent Judge rendered the assailed Decision and held that Petitioner JUAN G. FRIVALDO, is re-admitted as a citizen of the Republic of the Philippines by naturalization, thereby vesting upon him, all the rights and privileges of a natural born Filipino citizen.
The Solicitor General subsequently interposed a timely appeal directly with the Supreme Court.
ISSUE:
Whether or not the petitioner was duly re-admitted to his citizenship as Filipino.
HELD:
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.