G.R. Nos.

95122-23             May 31, 1991

BOARD OF COMMISSIONERS (COMMISSION ON IMMIGRATION AND

DEPORTATION), BOARD OF SPECIAL INQUIRY, COMMISSIONER ANDREA D.
DOMINGO, ASSOCIATE COMMISSIONER JORGE V. SARMIENTO, ACTING
ASSOCIATE COMMISSIONER REGINO R. SANTIAGO, MEMBERS OF THE BOARD
OF SPECIAL INQUIRY, ESTANISLAO CANTA, LEO MAGAHOM and BENJAMIN
KALAW, petitioners,
vs.
HON. JOSELITO DELA ROSA, Presiding Judge, RTC Manila, Branch 29, WILLIAM T.
GATCHALIAN, respondents.

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 board 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
Deportation ordered the arrest of William and was released upon posting P 200,000 cash bond.
Thus, on the 29th of 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.