0 оценок0% нашли этот документ полезным (0 голосов)
54 просмотров1 страница
Petitioner Willie Yu was originally from Portugal but became a naturalized Philippine citizen in 1978. However, in 1981 he applied for and received a renewed Portuguese passport. He was detained pending deportation and filed a habeas corpus petition. The Supreme Court ruled that Yu's acts of acquiring a Portuguese passport and declaring Portuguese nationality in commercial documents constituted express renunciation of his Philippine citizenship. While Yu had renounced allegiance to Portugal and pledged allegiance to the Philippines, his later actions showed resumption of Portuguese citizenship which was inconsistent with maintaining Philippine citizenship. Therefore, his petition for release was denied.
Petitioner Willie Yu was originally from Portugal but became a naturalized Philippine citizen in 1978. However, in 1981 he applied for and received a renewed Portuguese passport. He was detained pending deportation and filed a habeas corpus petition. The Supreme Court ruled that Yu's acts of acquiring a Portuguese passport and declaring Portuguese nationality in commercial documents constituted express renunciation of his Philippine citizenship. While Yu had renounced allegiance to Portugal and pledged allegiance to the Philippines, his later actions showed resumption of Portuguese citizenship which was inconsistent with maintaining Philippine citizenship. Therefore, his petition for release was denied.
Petitioner Willie Yu was originally from Portugal but became a naturalized Philippine citizen in 1978. However, in 1981 he applied for and received a renewed Portuguese passport. He was detained pending deportation and filed a habeas corpus petition. The Supreme Court ruled that Yu's acts of acquiring a Portuguese passport and declaring Portuguese nationality in commercial documents constituted express renunciation of his Philippine citizenship. While Yu had renounced allegiance to Portugal and pledged allegiance to the Philippines, his later actions showed resumption of Portuguese citizenship which was inconsistent with maintaining Philippine citizenship. Therefore, his petition for release was denied.
IN RE PETITION FOR HABEAS CORPUS OF WILLIE YU, petitioner, vs. MIRIAM DEFENSOR-SANTIAGO, BIENVENIDO P. ALANO, JR., MAJOR PABALAN, DELEOHERNANDEZ, BLODDY HERNANDEZ, BENNY REYES and JUN ESPIRITU SANTO,respondent. Padilla, J.: FACTS: Petitioner Yu, originally a Portuguese national, was naturalized as a Philippine citizen on February 10, 1978. However, on July 21, 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. Said Consular Office certifies that his Portuguese passport expired on July 20, 1986.The CID detained the petitioner pending his deportation case. The petitioner, in turn, filed a petition for habeas corpus. An internal resolution of November 7, 1988 referred the case to the Court en banc. ISSUE: Whether petitioners acts constitute renunciation of his Philippine citizenship HELD: Yes. Philippine citizenship, it must be stressed, is not a commodity or were to be displayed when required and suppressed when convenient. Petitioner, 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 Estate Ltd. 20 filed in Hongkong sometime in April 1980. 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. WHEREFORE, premises considered, petitioner's motion for release from detention is DENIED. Respondent's motion to lift the temporary restraining order is GRANTED. This Decision is immediately executory. 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 Estate Ltd. filed in Hongkong sometime in April 1980.