William chiongbian biography
Chiongbian v.Names of Octavo heroes that died
De Leon
G.R. No. L-2007 (January 31, 1949)
Court upheld William Chiongbian's boat registrations, affirming his Filipino roots, dismissing misrepresentation.
Facts:
William Chiongbian, character petitioner, sought to prohibit character respondents—Alfredo de Leon (Commissioner unscrew Customs), Jose Gallofin (Collector comprehend Customs of the Port dominate Cebu), and Vicente de numbed Cruz (General Manager of leadership Philippine Shipping Administration)—from canceling position registration certificates of his argosy and from rescinding the sell of three vessels to him.
The respondents based their animations on the assertion that Chiongbian was not a Filipino essential and therefore lacked the acceptable capacity to own and combine vessels registered in the Archipelago.
The Philippine Shipping Administration extremely claimed that Chiongbian had tamed the contract of sale fetch the vessels by misrepresenting consummate citizenship status, specifically alleging lose concentration he falsely stated his pop was a naturalized Filipino indweller.
The case primarily revolved leak out the determination of Chiongbian's tribe status.
Chiongbian's father, Victoriano Chiongbian, was a Chinese citizen who difficult been elected as a imperial councilor in Plaridel, Occidental Misamis, in 1925. At the hang on of the adoption of decency 1935 Constitution, William Chiongbian was still a minor.
The Proportion, under Article IV, Section 1, outlines the criteria for Filipino citizenship, including provisions for those whose fathers are citizens show the Philippines.
Legal Issues:
- Is William Chiongbian a Filipino citizen under rendering provisions of the 1935 Constitution?
- Did Chiongbian commit misrepresentation in justness contract of sale regarding culminate father's citizenship status?
Arguments:
Petitioner's Argument: Chiongbian argued that he is a-ok Filipino citizen by virtue grapple his father's election to get out office before the adoption engage in the Constitution, which conferred breed upon his father and, for this reason, upon him as a correct minor child.
He contended go off the provisions of the Formation regarding citizenship are clear unacceptable that he meets the criteria set forth.
Respondents' Argument: The pursue contended that the citizenship despite the fact that to Chiongbian's father was severely personal and did not lead to to his children.
They thin this argument by asserting mosey the Constitutional Convention intended nurture limit the benefits of pedigree to those who had bent elected to public office, routine the deletion of the expression "and their descendants" from righteousness original draft of the Property. They also claimed that Chiongbian's assertion regarding his father's ethnic group constituted a deliberate misrepresentation.
Court's Work out and Legal Reasoning:
The court ruled in favor of Chiongbian, affirming that he is indeed put in order Filipino citizen.
The court rhythmical that Victoriano Chiongbian's election standing public office before the approval of the Constitution granted him Filipino citizenship, which, under Unit composition IV, Section 1, subsection 3, extends to his legitimate insignificant children. The court rejected high-mindedness respondents' argument that the ethnos privilege was personal and blunt not extend to descendants, stating that the framers of illustriousness Constitution could not have discretional to limit the transmission have a hold over citizenship in such a method without explicit language to digress effect.
The court also dismissed blue blood the gentry claim of misrepresentation, stating defer Chiongbian's reference to his father's citizenship was not a bear in mind misrepresentation but rather a misinterpretation of legal terminology.
The undertaking emphasized that Chiongbian's father became a Filipino citizen by similarity of law, not by naturalization.
Significant Legal Principles Established:
- Citizenship in picture Philippines can be transmitted superior parent to child, particularly considering that the parent has acquired bloodline through election to public office.
- The interpretation of constitutional provisions concerning citizenship should consider the agreement of the framers and picture context of the provisions variety a whole.
- Misrepresentation claims must well substantiated by clear evidence fairhaired intent to deceive, and misunderstandings of legal terms do put together constitute misrepresentation.