Professional Documents
Culture Documents
less, upon the insistence of petitioner, had to look into the facts and satisfy
itself on whether or not petitioner's claim to continued Philippine
citizenship is meritorious.
Philippine citizenship, it must be stressed, is not a commodity or were to
be displayed when required and suppressed when convenient.
YU vs. DEFENSOR-SANTIAGO
GR No. L-83882, January 24, 1989
FACTS:
Petitioner Yu was originally issued a Portuguese passport in 1971. On
February 10, 1978, he was naturalized as a Philippine citizen. Despite his
naturalization, he applied for and was issued Portuguese Passport by the
Consular Section of the Portuguese Embassy in Tokyo on July 21, 1981.
Said Consular Office certifies that his Portuguese passport expired on 20
July 1986. He also 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.
The CID detained Yu pending his deportation case. Yu, in turn, filed a
petition for habeas corpus. An internal resolution of 7 November 1988
referred the case to the Court en banc. The Court en banc denied the
petition. When his Motion for Reconsideration was denied, petitioner filed a
Motion for Clarification.
ISSUE:
Whether or not petitioners acts constitute renunciation of his Philippine
citizenship
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 normally the question of whether or not a person has renounced his
Philippine citizenship should be heard before a trial court of law in
adversary proceedings, this has become unnecessary as this Court, no
HELD:
NO. The respondent did not lose his Filipino Citizenship and thereby
qualified as a candidate for the Provincial Governor of Cebu Province. The
petitioner failed to present direct proof that private respondent had lost his
Filipino Citizenship by any of the modes provided under C.A. No. 63
namely: (1) By naturalization in a foreign country; (2) By express
renunciation of Citizenship; and (3) By subscribing to an oath of allegiance
to support the Constitution or laws of a foreign country. Thus, it is clear
that private respondent Osmea did not lose his Philippine citizenship by
any of the three mentioned herein above or by any other mode of losing
Philippine Citizenship.
ARTICLE IV
CITIZENSHIP
Section 1.
[1] Those who are citizens of the Philippines at the time of the
adoption of this Constitution;
[2] Those whose fathers or mothers are citizens of the Philippines;
[3] Those born before January 17, 1973, of Filipino mothers, who
elect Philippine citizenship upon reaching the age of
majority; and
[4] Those who are naturalized in accordance with law.
Section 2.
Natural-born citizens are those who are citizens of the Philippines
from birth without having to perform any act to acquire or
perfect their Philippine citizenship. Those who elect Philippine
citizenship in accordance with paragraph (3) Section 1 hereof shall
be deemed natural-born citizens.
Section 3.
Philippine citizenship may be lost or reacquired in the manner
provided by law.
Section 4.
Citizens of the Philippines who marry aliens shall retain their
citizenship, unless by their act or omission, they are deemed,
under the law, to have renounced it.
Section 5.
Dual allegiance of citizens is inimical to the national interest and
shall be dealt with by law.
1
2
3
4
Constitution and existing laws and, at the time of the filing of the
certificate of candidacy, make a personal and sworn renunciation
of any and all foreign citizenship before any public officer
authorized to administer an oath;
(3) Those appointed to any public office shall subscribe and swear
to an oath of allegiance to the Republic of the Philippines and its
duly constituted authorities prior to their assumption of office:
Provided, That they renounce their oath of allegiance to the
country where they took that oath;
(4) Those intending to practice their profession in the Philippines
shall apply with the proper authority for a license or permit to
engage in such practice; and
(5) That right to vote or be elected or appointed to any public
office in the Philippines cannot be exercised by, or extended to,
those who:
(a) are candidates for or are occupying any public office in
the country of which they are naturalized citizens; and/or
(b) are in active service as commissioned or noncommissioned officers in the armed forces of the country
which they are naturalized citizens.
Section 6. Separability Clause - If any section or provision of this Act is
held unconstitutional or invalid, any other section or provision not affected
thereby shall remain valid and effective.
Section 7. Repealing Clause - All laws, decrees, orders, rules and
regulations inconsistent with the provisions of this Act are hereby repealed
or modified accordingly.
Section 8. Effectivity Clause This Act shall take effect after fifteen
(15) days following its publication in the Official Gazette or two (2)
newspaper of general circulation.
the April 3, 2009 Decision 5[1] of the Regional Trial Court (RTC), Branch 3,
of Baguio City in Spcl. Pro. Case No. 17-R.
The RTC granted the
petition6[2] filed by respondent Nora Fe Sagun entitled In re: Judicial
Declaration of Election of Filipino Citizenship, Nora Fe Sagun v. The Local
Civil Registrar of Baguio City.
The facts follow:
Respondent is the legitimate child of Albert S. Chan, a Chinese
national, and Marta Borromeo, a Filipino citizen. She was born on August
8, 1959 in Baguio City 7[3] and did not elect Philippine citizenship upon
reaching the age of majority. In 1992, at the age of 33 and after getting
married to Alex Sagun, she executed an Oath of Allegiance 8[4] to the
Republic of the Philippines. Said document was notarized by Atty. Cristeta
Leung on December 17, 1992, but was not recorded and registered with
the Local Civil Registrar of Baguio City.
Sometime in September 2005, respondent applied for a Philippine
passport. Her application was denied due to the citizenship of her father
and there being no annotation on her birth certificate that she has elected
Philippine citizenship. Consequently, she sought a judicial declaration of
her election of Philippine citizenship and prayed that the Local Civil
Registrar of Baguio City be ordered to annotate the same on her birth
certificate.
In her petition, respondent averred that she was raised as a
Filipino, speaks Ilocano and Tagalog fluently and attended local schools in
Baguio City, including Holy Family Academy and the Saint Louis University.
Respondent claimed that despite her part-Chinese ancestry, she always
thought of herself as a Filipino. She is a registered voter of Precinct No.
0419A of Barangay Manuel A. Roxas in Baguio City and had voted in local
5
6
7
8
9
10
11
II
Whether or not an election of Philippine citizenship,
made twelve (12) years after reaching the age of majority,
is considered to have been made within a reasonable
time as interpreted by jurisprudence.12[8]
12
13
16
14
17
15
18
21
22
23
19
24
20
25
26
29
27
30
28
31
32