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    CHIONGBIAN Vs DE LEON GR L-2007

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    Kris Mee Trujillo
    The document discusses whether William Chiongbian is a Filipino citizen. It details that his father Victoriano was elected to public office before the Philippine constitution, making Victoriano a citizen. Since William was a minor at the time, he is also a citizen under the constitution. Respondents argued citizenship did not extend to children, but the court ruled William is a citizen.

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    CHIONGBIAN Vs DE LEON GR L-2007

    Uploaded by

    Kris Mee Trujillo
    60 views1 page
    The document discusses whether William Chiongbian is a Filipino citizen. It details that his father Victoriano was elected to public office before the Philippine constitution, making Victoriano a citizen. Since William was a minor at the time, he is also a citizen under the constitution. Respondents argued citizenship did not extend to children, but the court ruled William is a citizen.

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    CHIONGBIAN vs DE LEON GR L-2007

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    The document discusses whether William Chiongbian is a Filipino citizen. It details that his father Victoriano was elected to public office before the Philippine constitution, making Victoriano a citizen. Since William was a minor at the time, he is also a citizen under the constitution. Respondents argued citizenship did not extend to children, but the court ruled William is a citizen.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    60 views1 page

    CHIONGBIAN Vs DE LEON GR L-2007

    Uploaded by

    Kris Mee Trujillo
    The document discusses whether William Chiongbian is a Filipino citizen. It details that his father Victoriano was elected to public office before the Philippine constitution, making Victoriano a citizen. Since William was a minor at the time, he is also a citizen under the constitution. Respondents argued citizenship did not extend to children, but the court ruled William is a citizen.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
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    CHIONGBIAN vs DE LEON Article IV of the Constitution provides:

    G.R. No. L-2007 January 31, 1941 SECTION 1. The following are citizens
    of the Philippines:

    (1) Those who are citizens of the


    Nature: This is a petition seeking to permanently prohibit Philippine Islands at the time of the
    respondent Customs Officials from cancelling the registration adoption of this Constitution.
    certificates of petitioner's vessels, and respondent Philippine (2) Those born in the Philippine
    Shipping Administration from rescinding the sale of three Islands of foreign parents who,
    vessels to petitioner.  before the adoption of this
    Constitution, had been elected to
    The primary basis for respondents' and intervenor's acts is public office in the Philippine
    the allegation that petitioner is not a Filipino citizen and Islands.
    therefore not qualified by law to operate and own vessels of (3) Those whose fathers are citizens of
    Philippine registry. The Philippine Shipping Administration the Philippines.
    also alleges that petitioner violated the contract of sale of (4) Those whose mothers are citizens
    three vessels executed between them, on the ground of of the Philippines and, upon
    misrepresentation, petitioner having alleged in said contract reaching the age of majority, elect
    that his father was a naturalized Filipino citizen. Philippine citizenship.
    (5) Those who are naturalized in
    Facts: In 1925, Victoriano Chiongbian, a Chinese citizen and
    accordance with law.
    father of the herein petitioner William Chiongbian, was
    elected to and held the office of municipal councilor of the SECTION. 2. Philippine citizenship may
    town of Plaridel, Occidental Misamis. It is also shown and be lost or reacquired in the manner provided by
    admitted that at the time of the adoption of the Constitution, law.
    petitioner William Chiongbian was still a minor.

    it is conclusive that upon the adoption of the Constitution,


    Victoriano Chiongbian, father of herein 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 2 of the
    Constitution. Hence, William Chiongbian, the herein
    petitioner, who was then a minor, also became a Filipino
    citizen by reason of subsection 3 (Article IV) of the
    Constitution,

    Respondent argued that this privilege of citizenship granted


    by subsection 2 (Article IV, Constitution) is strictly personal
    and does not extend to the children of the grantee. In
    support of this contention they offer two principal arguments:

    (1) that this subsection was adopted by the


    Constitutional Convention merely to grant Filipino
    citizenship to Delegate Caram and thus obviate
    the possibility of a non-Filipino signing the
    Constitution as one of its framers.
    (2) that the original draft of said subsection 2
    contained the phrase — "and their descendants,"
    — which was deleted from the final draft, thus
    showing that this privilege of citizenship was
    intended to be strictly personal to the one who had
    been elected to public office and did not extend to
    his descendants.

    Issue: Whether or not William Chiongbian, herein petitioner,


    is a Filipino citizen.

    Ruling: Yes. William Chiongbian is a Filipino Citizen.

    Petitioner is a Filipino citizen aside from the fact that he was


    a minor at the time of the adoption of the Constitution, it also
    follows the citizenship of his father who having been elected
    to public office before the adoption of the said Constitution
    became a Filipino Citizen as by virtue of Article IV of the
    Constitution which provides:

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