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G.R. No. 205218. On the other hand, the Petition for Review on Certiorari against Jon
Nicholas was filed on June 25, 2013 and was docketed as G.R. No. 207075.
On motion[45] by the Republic, the cases were consolidated through the Resolution[46]
dated September 30, 2013. Comments[47] and Replies[48] were subsequently filed.
The common issue put forth in the Petitions is whether or not the correction of entries
in respondents' respective certificates of live birth, pertaining to the citizenship of their
parents from "Chinese" to "Filipino," is proper in the absence of an appropriate
proceeding to determine whether they are qualified to acquire Filipino citizenship. In
the mind of this Court, this can be further divided into two distinct issues:
First, whether or not the nationality of the parents of Winston Brian, Christopher Troy,
and Jon Nicholas Chia Lao, as entered in their respective Certificates of Live Birth, may
be changed to "Filipino" considering that, at the time of their birth, their parents were
still Chinese nationals.
Second, whether or not an appropriate proceeding before the Special Committee on
Naturalization to determine whether an individual is qualified to acquire Filipino
citizenship is required before the nationality of a person's parents, as entered in the
birth ce1iificate, may be changed.
Petitioner Republic maintains that there was no error to correct in respondents'
Certificate of Live Birth. Citizenship, according to the Republic, is determined at the
time of one's birth; on the day respondents Winston Brian, Christopher Troy, and Jon
Nicholas were born, their parents were still Chinese nationals. Since respondents were
born to natural-born Chinese citizens, respondents are necessarily natural-born
Chinese, and the nationality of their parents was correctly entered as "Chinese" in their
respective Certificates of Live Birth.[49]
Even assuming that the nationality of respondents' parents as entered respondents'
Certificates of Live Birth may be changed and, therefore, extending Filipino citizenship
to respondents, the change in the entry can be done only after an appropriate
proceeding under the Implementing Rules and Regulations of Presidential Decree No.
836, in relation to Presidential Decree No. 923. This proceeding should be conducted
before the Special Committee on Naturalization to determine if, indeed, respondents
are qualified to become naturalized Filipinos.[50]
As for respondents, Winston Brian, Christopher Troy, and Jon Nicholas all contend that
the Manila and Quezon City trial courts committed no reversible error since the trial
courts had jurisdiction to change a substantial entry in their respective Certificates of
Live Birth-their parents' nationality—pursuant to Rule 108 of the Rules of Court.[51]
They argue that Co v. The Civil Register of Manila,[52] where this Court allowed the
change in the nationality of the parents as entered in the certificate of live birth, is
applicable in this case.
On the issue of whether children whose parents were naturalized as Filipinos during
their minority, under Letter of Instructions No. 270, automatically qualify them to
change their parents' nationality as originally entered in their certificates of live birth—
that is, without any proceeding conducted before the Special Committee on
https://elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/66236
5/20