William Chongbian v De Leon

GR No L- 2007
January 31, 1949
Ponente: Moran, C.J.
Topic: Citizenship

Rule of Law:
1935 Constitution: Article IV, Section 1
The following are citizens of the Philippines:
1. Those who are citizens of the Philippine Islands at the time of the adoption
of this Constitution.
2. Those born in the Philippine Islands of foreign parents who, before
the adoption of this Constitution, had been elected to public office in
the Philippine Islands.
3. Those whose fathers are citizens of the Philippines.
4. Those whose mothers are citizens of the Philippines and, upon reaching
the age of majority, elect Philippine citizenship.
5. Those who are naturalized in accordance with law.
Facts:
William Chongbian filed a case to prohibit the Custom Officials from cancelling the
registration certificates of petitioners vessels and to prohibit Philippine Shipping
Administration from rescinding the sale of three vessels to petitioner.
1925, Victoriano Chiongbian (initially a Chinese citizen), father of William
Chongbian, was elected as the municipal councillor of Plaridel Occidental Misamis in
1925.
Having been elected in office before the adoption of the 1935 Constitution, Victoriano
Chiongbian became a Filipino citizen by virtue of Article IV, Section 1 Subsection 2.
De Leon argues that Article IV, Section 1 subsection 2 is strictly personal and does not
extend to descendants on two arguments
1. this privilege if citizenship was adopted merely to grant Filipino
citizenship to Delegate Caram and thus obviate the possibility of
non Filipino signing the Constitution as one of the framers
2. it is argued that in the original draft, subsection 2 contained the
phrase and their descendants which was deleted from the draft
thus showing that this privilege is intended to be strictly personal
Counterarguments:
1. Members of the Consitutional Convention could not have dedicated
a provision to one person without considering that it could also
affect others thus the provision should function to full extent
2. The mere deletion of the phrase is unsustainable because it may
have been deleted for the subsection 3 and 4 already covers the
descendants

Issue and Holding:

Whether or not William Chingkian violated the deed of sale for not being a Filipino citizen
- William Chingkian is a Filipino citizen by virtue of Article IV, Section 1
subsection 3.

Ruling:
The petition for the issueance of the writ of prohibition is granted.