Title
Chiongbian vs. De Leon
Case
G.R. No. L-2007
Decision Date
Jan 31, 1949
William Chiongbian, deemed a Filipino citizen under the 1935 Constitution, successfully challenged the cancellation of his vessels' registration and the rescission of their sale, affirming citizenship transmission from his father.

Case Summary (G.R. No. L-2007)

Applicable Law and Constitutional Provisions

The case is governed by Article IV of the 1935 Philippine Constitution, which details the acquisition and loss of Philippine citizenship. Specifically:

  • Section 1 enumerates the classes of Filipino citizens, including those who were citizens at the time of the Constitution’s adoption, those whose fathers or mothers are citizens, and those naturalized under law.
  • Section 2 provides that citizenship may be lost or reacquired as provided by law.

Facts Regarding Citizenship

Victoriano Chiongbian, petitioner William Chiongbian's father, was a Chinese citizen who was elected as municipal councilor of Plaridel, Occidental Misamis, in 1925. This fact is substantiated by ample evidence including findings by the National Bureau of Investigation and accepted pleadings of the respondents. At the time the Constitution was adopted, William Chiongbian was still a minor.

Legal Determination of Citizenship

Under Article IV, Section 1, Subsection 2 of the Constitution, Victoriano Chiongbian, having been elected to public office prior to the adoption of the Constitution, acquired Filipino citizenship by operation of law. As a legitimate minor child, William Chiongbian also acquired Filipino citizenship through his father pursuant to Subsection 3. This is consistent with the settled principle that citizenship of a legitimate minor child follows that of the father.

Respondents’ Arguments and Court’s Rebuttal

Respondents contended that the citizenship accorded by Subsection 2 was strictly personal to Victoriano Chiongbian and did not extend to his descendants. They based their argument on two points: (1) that the subsection was included merely to grant citizenship to a particular delegate of the Constitutional Convention, and (2) that the original draft’s phrase “and their descendants” was deleted, indicating a limited application.

The Court rejected both arguments. It reasoned that the framers intended the provision to have full substance and to work harmoniously with other citizenship provisions, including the transmissive nature of citizenship to descendants under Subsection 3. The deletion of “and their descendants” was considered a non-determinative drafting choice, likely due to redundancy, and did not override the final operative constitutional text.

Allegation of Contract Misrepresentation

Respondents also alleged that petitioner misrepresented his father’s citizenship status in the contract of sale of the vessels, stating that his father was naturalized. The Court held this claim to be without merit, regarding it as a non-deliberate error typical of an individual not skilled in legal nuances. The petitioner intended to convey that his father was a Filipino citizen by operation of law rather than by birth or formal natur

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