CONSTITUTIONAL LAW 1 EXPRESS RENUNCIATION/EXPATRIATION – PIA

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 Yu’s acts constitute a renunciation of his Philippine Citizenship? YES
SC RULING
Petitioner’s 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 repatriation—take 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