Board of Commissioner vs Dela rosa

G.R. Nos. 95122-23 May 31, 1991

Bidin, J.
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, William, 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 this 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:
The Supreme Court held that in the absence of the evidence to the contrary foreign laws on a particular subject are
presumed to be the same as those of the Philippines. This is known as Processual Presumption. In this case, there
being no proof of Chinese law relating to marriage, there arises a presumption that it is the same of that of Philippine
law the said marriage then is declared valid
.
Art. 267. In the absence of a record of birth, authentic document, final judgment or possession of status, legitimate
filiation may be proved by any other means allowed by the Rules of Court and special laws. (See also Art. 172 of the
Family Code)
Therefore, 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.