Facts:

On July 12, 1960, Santiago Gatchalian, grandfather of William Gatchalian, was recognized by the Bureau of Immigration as a native born Filipino citizen following the citizenship of natural mother Mariana Gatchalian. On June 27, 1961, Willian, then twelve years old, arrives in Manila from Hongkong together with a daughter and a son of Santiago. They had with them certificate of registration and identity issued by the Philippine consulate in Hongkong based on a cablegram bearing the signature of the secretary of foreign affairs, Felixberto Serrano, and sought admission as Filipino citizens.

 

On July 6, 1961, the board of special inquiry admitted the Gatchalians as Filipino citizens and issued an identification certificate to William. The boarf of commissioners waws directed by the Secretary of Justice to Review all cases where entry was allowed on the ground that the entrant was a Filipino citizen such included the case of William. As a result of the decision of the board of special inquiry which recommended for the reversal of the decision of the Board of Commissioners. Acting commissioner issued an order affirming the decision of the Board of Special Inquiry.

On August 15, 1990, the Commission on Immigration and Deportatiion ordered the arrest of William and was released upon posting P 200,000 cash bond. Thus on the 29thof the same month, he filed a petition for certiorari and prohibition before the RTC of Manila. A motion to dismiss was filed but denied.

 

Issue:

Whether or not William Gatchalian is to be declared as a Filipino citizen

 

Held:

William Gatchalian is declared as a Filipino Citizen. Having declared the assailed marriage as valid, respondent William Gatchalian follows the citizenship of his father, a Filipino as legitimate child. Respondent belongs to a class of Filipinos who are citizens of the Philippines at the time of the adoption of the constitution.

 

Board of Commissioners vs. Judge De la Rosa 197 scra 853