4/14/2021
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Copies of the Amended Petition and of the October 29, 2010 Order were furnished and
actually received by the Office of the Local Civil Registrar and the Office of the Solicitor
General.[27]
After petitioners had substantially complied with the jurisdictional requirements, and
there being no opposition to the Amended Petition, petitioners presented their
evidence.[28] Prosecutor Magabilin actively participated in the proceedings, crossexamining petitioners and their witness, Associate Solicitor Ma. Felina Constancia
Buenviaje Yu.[29]
In the Decision[30] dated January 2, 2013, the Manila trial court granted the Petition to
correct the entry in Winston Brian and Christopher Troy's Certificate of Live Birth
relating to the nationality of their parents. According to the Manila trial court, Winston
Brian and Christopher Troy 's resort to Rule 108 was "appropriate"[31] considering that
the rule not only allows the change of clerical but also of substantial errors such as
nationality as entered in the civil register.[32] Since Winston Brian and Christopher Troy
complied with the jurisdictional requirements under Rule 108 and have proven that
they are the legitimate children of Lao Kian Ben and Chia Kong Liong—former Chinese
nationals who became naturalized Filipinos while Winston Brian and Christopher Troy
were still minors—the change in their parents' nationality as entered in their Certificate
of Live Birth was, therefore, in order. The dispositive portion of the January 2, 2013
Decision read:
WHEREFORE, the amended petition is hereby GRANTED. The Local Civil
Registrar of Manila is hereby directed to correct/change the entries in the
Certificate[s] of Live Birth of Winston Brian Chia Lao and Christopher Troy
Chia Lao relating to the nationality of their parents, Ben Kian Lao (Kian Ben
Lim Lao) and Chia Kong Liong (Kong Liong Ang Chia) from "Chinese" to
"Filipino".
The Local Civil Registrar of Manila is further directed to annotate this
Decision in said certificates of live birth and to transmit and make known to
the National Statistics Office the corrected birth records of Winston Brian
Chia Lao and Christopher Troy Chia Lao.
The Decision shall form part of the records of birth of Winston Brian Chia Lao
and Christopher Troy Chia Lao.
SO ORDERED.[33]
For his part, Jon Nicholas filed his Petition, which was later amended,[34] to correct the
entry in his Certificate of Live Birth relating to his parents' nationality before the
Regional Trial Court of Quezon City (Quezon City trial court). Like his brothers, Winston
Brian and Christopher Troy, Jon Nicholas argued that the grant of Philippine citizenship
to his parents should result in a change in their nationality as entered in his Certificate
of Live Birth.
In the Order dated May 30, 2011, the Quezon City trial court set the case for hearing
on September 23, 2011 to establish jurisdictional facts. The May 30, 2011 Order was
https://elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/66236
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