Queto vs Catolico

Facts:

Queto and other petitioners received  notices from the CFI of Misamis Occidental notifying them
that the oath of allegiance they   undertook  were void. The judge summoned the petitoners  to
discuss the nullity of their naturalization on the basis that  their oaths  were taken  without  prior
notices of the Solicitor General.

The controversy started when  Chua Tuan requested for copies  of his certificate of
naturalization  and oath of allegiance needed  with his transaction with the Bureau of lands.
Instead of being issued the requested documents, his naturalization was nullified. The other
petitioners were called  and the same actions were  taken against them, nullifying their
naturalization.

Judge Catolico  claimed that the petitioners  had not become Filipino citizens because their oath
taking  was void for lack of notice to the Sol Gen therefore there are  no naturalization
certificates  to be cancelled.

Petitioners filed for prohibition to correct the  proceedings nullifying  their naturalization.

Issue:

Whether Judge Catolico  had jurisdiction  to reopen and review much more  declare void  the
grant of citizenship of petitioners 

Ruling:

No, Judge Catolico had no jurisdiction to reopen and review and declare the grant of citizenship
of the petitioners.

As a general rule, a court proceeding in our judicial set-up is accusatorial or adversary and not
inquisitorial in nature.  The court hears impartially involved parties and renders  judgment only
after the trial. The judge  is not permitted to act as a n inquisitor, perform his own investigation
and arrive at a conclusion

In the cancellation of  naturalization certificate the initiative  must come from the Sol Gen or his
representatives or by  the proper provincial fiscal  and not from Judge Catolico.

The writ prayed for is granted, and the injunction heretofore issued by this Court is made
permanent. The Solicitor General is, not precluded from taking such steps as may be warranted
in connection with the naturalization cases of the petitioners.