WILLIAM CHIONGBIAN VS. DE LEON, IN HIS CAPACITY AS COMMISSION OF CUSTOM

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WILLIAM CHIONGBIAN VS. DE LEON, IN HIS CAPACITY AS COMMISSION OF CUSTOM, G.R.No. L-2007, Political Law 1


FACTS:


The herein petitioner is a son of a Chinese citizen who has been elected into office before the adaptation of the Constitution, wherein said petitioner was still a minor. Respondent seeks to cancel the registration certificates of the petitioner’s vessels and rescind the sale of vessels from the same on the ground that the latte is allegedly not a Filipino citizen and therefore not qualified to operate and own vessels of Philippine registry.

ISSUE:

WHETHER William Chiongban is a Filipino Citizen.

HELD:


Holding public office through election before the adoption of the Constitution. – Upon the adaptation of the Constitution, Victoriano Chiongban, father of the petitioner, having been elected to a public office in the Philippines before the adoption of the Constitution, became a Filipino citizen by virtue of Article IV, Section 1, Subsection 1 of the Constitution. William, the herein petitioner, who was then a minor, also became a Filipino by reason of Article IV subsection 3 of the Constitution, his father having become a Filipino Citizen upon the adaptation of said constitution. Caram Rule.

This is also in conformity with the settled rule in the Philippine Jurisprudence that a legitimate minor child follows the citizenship of his father.

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