CONSTITUTIONAL LAW 1 RENUNCIATION/EXPATRIATION PIA

EXPRESS

YU VS DEFENSOR-SANTIAGO G.R. No. 83882. January 24, 1989.*

IN RE PETITION FOR HABEAS CORPUS OF WILLIE YU, WILLIE YU, petitioner, vs. MIRIAM DEFENSOR-SANTIAGO, BIENVENIDO P. ALANO, JR., MAJOR PABALAN, DELEO HERNANDEZ, BLODDY HERNANDEZ, BENNY REYES AND JUN ESPIRITU SANTO, respondents THE CASE Petitioner filed a petition for habeas corpus (right to due process) with a prayer to be released from arbitrary detention as he claims that his continued Philippine citizenship is meritorious. FACTS

Petitioner- a Portuguese National acquired a Philippine citizenship by naturalization on Feb. 10, 1978. Despite naturalization, on 21 July 1981, petitioner applied for and was issued a renewed Portuguese Passport No. 35/81 serial N. 1517410 by the Consular Section of the Portuguese Embassy in Tokyo. SaidConsular Office certifies that his Portuguese passport expired on 20 July 1986. Petitioner though a naturalized Filipino signed commercial documents stating his citizenship as Portuguese without the authentication of an appropriate Philippine Consul Petitioner was detained by the CID for obtaining a Foreign passport while (at the same time) holding a Filipino citizenship as well Respondents argue that the petitioner was in full knowledge and legal capacity when he applied for A Philippine citizenship through naturalization he consequently recognizes, identifies and agrees to the oath taken which states to renounce absolutely and forever all allegiance and fidelity to any foreign

prince, potentate, state or sovereignty and pledged to maintain true faith and allegiance to the Republic of the Philippines,". Hence, petitioner then knows the limitations or restrictions once solemnizing said
oath and it succeeding consequences should they be violated. ISSUE Whether or not petitioner Mr. Willie Yus acts constitute a renunciation of his Philippine Citizenship? YES SC RULING Petitioners motion for release from detention is DENIED (along with other motions filed). COURT HELD: Express renunciation was held to mean a renunciation that is made known distinctly and explicitly and not left to inference or implication. Petitioner, with full knowledge, and legal capacity, after having renounced Portuguese citizenship upon naturalization as a Philippine citizen resumed or reacquired his prior status as a Portuguese citizen, applied for a renewal of his Portuguese passport and represented himself as such in official documents even after he had become a naturalized Philippine citizen. Such resumption or reacquisition of Portuguese citizenship is grossly inconsistent with his maintenance of Philippine citizenship While still a citizen of the Philippines who had renounced, upon his naturalization, "absolutely and forever all allegiance and fidelity to any foreign prince, potentate, state or sovereignty" and pledged to "maintain true faith and allegiance to the Republic of the Philippines," he declared his nationality as Portuguese in commercial documents he signed, specifically, the Companies registry of Tai Shun EstateLtd. filed in Hongkong sometime in April 1980. Further Reference: How Philippine Citizenship obtained/reacquired: 1.) By direct act of Congress 2.) By naturalization- take the oath of allegiance to the Republic Act 9225 3.) By administrative repatriationtake the oath of Allegiance to the Republic and register the same in the local civil registry or in the place where the person resides/last resided; original citizenship is acquired