View full case

REPUBLIC v. WINSTON BRIAN CHIA LAO

FACTS:

On October 14, 1962, Lao Kian Ben and Chia Kong Liong, both Chinese nationals, got married in Quezon City. They have three sons, Jon Nicholas, Winston Brian, and Christopher Troy, who were all born and raised in the Philippines. Lao Kian Ben and Chia Kong Liong applied for naturalization as Filipino citizens and were granted Philippine citizenship under Presidential Decree No. 923. As a result, their children's birth certificates indicated their parents' nationality as "Chinese." However, Winston Brian and Christopher Troy filed a Petition for correction of entry in their birth certificates, seeking to change their parents' nationality from "Chinese" to "Filipino" since their parents had been naturalized as Filipino citizens. The Manila trial court granted the petition and changed the entry in their birth certificates. Similarly, Jon Nicholas filed a Petition to correct the entry in his birth certificate before the Quezon City trial court and it was also granted. The Republic of the Philippines filed Petitions for Review on Certiorari to challenge the trial court decisions. The issue revolves around whether the citizenship of the respondents' parents should be changed without an appropriate proceeding to determine their qualification to acquire Filipino citizenship. The respondents argue that the trial courts had jurisdiction to change the entry in their birth certificates pursuant to Rule 108 of the Rules of Court and rely on Co v. The Civil Register of Manila, claiming that they are entitled to change their parents' nationality based on their parents' naturalization under Letter of Instructions No. 270. The petitioners assert that the Special Committee on Naturalization is estopped from requiring another proceeding to be conducted since it actively participated as a witness for them in the trial court. The Manila and Quezon City trial courts correctly granted the petitions for correction filed by the petitioners.

ISSUES:

  1. Whether the Special Committee on Naturalization has jurisdiction over administrative proceedings for acquiring Philippine citizenship.

  2. Whether a proceeding should first be conducted before acquiring Philippine citizenship.

  3. Whether the petitioners are entitled to change the nationality of their father as entered in their birth certificates.

  4. Whether the petitioners need to undergo the appropriate proceeding under the Implementing Rules and Regulations of Presidential Decree No. 836 in relation to Presidential Decree No. 923 before the Special Committee on Naturalization.

  5. Whether the grant of Philippine citizenship to the aliens is valid under Letter of Instructions No. 270 and Presidential Decree No. 836.

  6. Whether the conditions and effects of naturalization provided in Presidential Decree No. 923 are applicable to the aliens.

  7. Whether the naturalization extends to the alien wife and minor children of a person naturalized.

  8. Whether the alien wife and minor children should meet certain requirements for the naturalization to extend to them.

  9. Whether Lao Kian Ben and Chia Kong Liong have been issued their Certificates of Naturalization and have taken their Oaths of Allegiance as Filipinos.

  10. Whether the change in nationality of Lao Kian Ben and Chia Kong Liong should be reflected in the Certificates of Live Birth of their children.

RULING:

  1. The issue of whether the Special Committee on Naturalization has jurisdiction over administrative proceedings for acquiring Philippine citizenship was not disputed by the petitioners.

  2. The Court ruled that the issue of whether a proceeding should first be conducted is irrelevant in this case. The Manila and Quezon City trial courts correctly granted the Petitions for Correction filed by the petitioners.

  3. The petitioners are entitled to change the nationality of their father as entered in their birth certificates. The court held that the petitioners' recourse to Rule 108 of the Rules of Court, as amended, is appropriate. The court recognized that no entry in a civil register shall be changed or corrected without a judicial order, and Rule 108 provides the procedure to implement the law. The court directed the trial court to issue a notice of hearing on the Petition for Correction of Entry and cause its publication, and the change will be in the form of a marginal annotation on the certificate of live birth.

  4. The petitioners do not need to undergo the appropriate proceeding under the Implementing Rules and Regulations of Presidential Decree No. 836 in relation to Presidential Decree No. 923 before the Special Committee on Naturalization. The court held that changing the nationality of their parents from "Chinese" to "Filipino" does not require the petitioners to prove that they are qualified to become naturalized Filipinos themselves. The court distinguished between administrative, judicial, and legislative naturalization and held that the petitioners are entitled to change the nationality of their parents through the judicial process under Rule 108 of the Rules of Court.

  5. The grant of Philippine citizenship to the aliens is valid under Letter of Instructions No. 270 and Presidential Decree No. 836. Both provide for the naturalization of deserving aliens who have developed and demonstrated love, loyalty, and affinity to the Philippines, as well as contributed to its economic, social, and cultural development.

  6. The conditions and effects of naturalization provided in Presidential Decree No. 923 are applicable to the aliens. This decree is specifically mentioned in the facts and it states that it provides for the same rights, privileges, duties, and obligations as those provided in Presidential Decree No. 836.

  7. Yes, the naturalization extends to the alien wife and minor children of a person naturalized.

  8. Yes, the alien wife and minor children should meet certain requirements for the naturalization to extend to them, such as the wife not suffering from any disqualifications and both the wife and minor children residing permanently in the Philippines.

  9. The issue of whether Lao Kian Ben and Chia Kong Liong have been issued their Certificates of Naturalization and have taken their Oaths of Allegiance as Filipinos has been resolved in the affirmative.

  10. The Local Civil Registrar of Manila is directed to make a marginal annotation on the respective Certificates of Live Birth of Winston Brian Chia Lao and Christopher Troy Chia Lao, reflecting the change in nationality of their parents from "Chinese" to "Filipino". The Decision of the Regional Trial Court, Branch 30, Manila in Sp Proc. No. 10-124052 is to be attached to their respective Certificates of Live Birth. Similarly, the Local Civil Registrar of Quezon City is directed to make a marginal annotation on the Certificate of Live Birth of Jon Nicholas Chia Lao, reflecting the change in nationality of his parents from "Chinese" to "Filipino". The Decision of the Regional Trial Court, Branch 105, Quezon City in Sp Proc. No. Q-10-68256 is to be attached to Jon Nicholas Chia Lao's Certificate of Live Birth.

PRINCIPLES:

  • Births are required to be entered in the civil register, and the certificate of live birth establishes the fact of birth.

  • The required entries in the certificate of live birth include the date and hour of birth, sex and nationality of the infant, names, citizenship, and religion of parents, civil status of parents, and place where the infant was born.

  • Even acts or events that occurred after birth may be recorded in the certificate of live birth, as long as a judicial order is obtained for changing or correcting the entry in the civil register.

  • The naturalization of a father is an event affecting and concerning the civil status of his children, which must be recorded in the civil register.

  • No entry in a civil register shall be changed or corrected without a judicial order. [Article 412 of the New Civil Code]

  • Rule 108 of the Rules of Court provides the procedure to implement the change or correction of entries in the civil registry.

  • The acts, events, or factual errors that may be corrected or changed under Article 407 of the New Civil Code include even those that occur after the birth of the petitioner, but the entries in the certificates of live birth will not be corrected or changed. The decision of the court granting the petition shall be annotated in the certificates of birth and shall form part of the civil register.

  • Aliens may be granted Philippine citizenship through naturalization if they meet the qualifications and none of the disqualifications specified in the relevant laws and regulations.

  • The grant of Philippine citizenship to deserving aliens aims to integrate them into the national fabric and acknowledges their contributions to the Philippines.

  • The conditions and effects of naturalization are determined by the specific laws and regulations governing the granting of citizenship.

  • The naturalization extends to the alien wife and minor children of a person naturalized.

  • The alien wife and minor children should meet certain requirements for the naturalization to extend to them, such as the wife not suffering from any disqualifications and both the wife and minor children residing permanently in the Philippines.

  • The minor children follow the acquired Filipino citizenship of their mother.

  • The change in nationality of the parents should be reflected in the Certificates of Live Birth of their children.