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    Willie Yu v. Defensor-Santiago (Citizenship)

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    Joshua Quentin Tarcelo
    1) Petitioner was originally issued a Portuguese passport in 1971 that was renewed in 1976. He was then naturalized as a Philippine citizen in 1978. 2) However, in 1981 petitioner applied for and received a new Portuguese passport from the Portuguese embassy in Tokyo, certifying his previous Portuguese passport had expired in 1986. 3) Petitioner also declared his nationality as Portuguese in commercial documents filed in 1980, after becoming a naturalized Philippine citizen and renouncing any allegiance to foreign states. 4) The Supreme Court held these acts of resuming Portuguese citizenship by acquiring a new passport and declaring Portuguese nationality in documents constituted an express renunciation of his Philippine citizenship acquired through naturalization.

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    Willie Yu v. Defensor-Santiago (Citizenship)

    Uploaded by

    Joshua Quentin Tarcelo
    928 views2 pages
    1) Petitioner was originally issued a Portuguese passport in 1971 that was renewed in 1976. He was then naturalized as a Philippine citizen in 1978. 2) However, in 1981 petitioner applied for and received a new Portuguese passport from the Portuguese embassy in Tokyo, certifying his previous Portuguese passport had expired in 1986. 3) Petitioner also declared his nationality as Portuguese in commercial documents filed in 1980, after becoming a naturalized Philippine citizen and renouncing any allegiance to foreign states. 4) The Supreme Court held these acts of resuming Portuguese citizenship by acquiring a new passport and declaring Portuguese nationality in documents constituted an express renunciation of his Philippine citizenship acquired through naturalization.

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    1) Petitioner was originally issued a Portuguese passport in 1971 that was renewed in 1976. He was then naturalized as a Philippine citizen in 1978. 2) However, in 1981 petitioner applied for and received a new Portuguese passport from the Portuguese embassy in Tokyo, certifying his previous Portuguese passport had expired in 1986. 3) Petitioner also declared his nationality as Portuguese in commercial documents filed in 1980, after becoming a naturalized Philippine citizen and renouncing any allegiance to foreign states. 4) The Supreme Court held these acts of resuming Portuguese citizenship by acquiring a new passport and declaring Portuguese nationality in documents constituted an express renunciation of his Philippine citizenship acquired through naturalization.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    928 views2 pages

    Willie Yu v. Defensor-Santiago (Citizenship)

    Uploaded by

    Joshua Quentin Tarcelo
    1) Petitioner was originally issued a Portuguese passport in 1971 that was renewed in 1976. He was then naturalized as a Philippine citizen in 1978. 2) However, in 1981 petitioner applied for and received a new Portuguese passport from the Portuguese embassy in Tokyo, certifying his previous Portuguese passport had expired in 1986. 3) Petitioner also declared his nationality as Portuguese in commercial documents filed in 1980, after becoming a naturalized Philippine citizen and renouncing any allegiance to foreign states. 4) The Supreme Court held these acts of resuming Portuguese citizenship by acquiring a new passport and declaring Portuguese nationality in documents constituted an express renunciation of his Philippine citizenship acquired through naturalization.

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    Willie Yu v.

    Defensor-Santiago,
    G.R. L-83882 / 169 SCRA 364 (1989) / January 24, 1989
    ARTICLE 4: Citizenship

    Facts:
    Petitioner's was originally issued a Portuguese passport in 1971, valid for five
    (5) years and renewed for the same period upon presentment before the
    proper Portuguese consular officer.

    He was naturalized as a Philippine citizen in 1978.

    However, in 1981, petitioner applied for and was issued Portuguese Passport
    by the Consular Section of the Portuguese Embassy in Tokyo. Said Consular
    Office certifies that his Portuguese passport expired on 1986. 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.

    ISSUE:
    Whether or not the acts of applying for a foreign passport and declaration of
    foreign nationality in commercial documents, constitute an express
    renunciation of ones Philippine citizenship acquired through naturalization.

    Held:
    To the mind of the Court, the foregoing acts considered together constitute
    an express renunciation of petitioner's Philippine citizenship acquired
    through naturalization. In Board of Immigration Commissioners us, Go
    Gallano, 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.

    Philippine citizenship, it must be stressed, is not a commodity or were to be


    displayed when required and suppressed when convenient. This then
    resolves adverse to the petitioner his motion for clarification and other
    motions mentioned in the second paragraph, page 3 of this Decision.

    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. SO ORDERED.

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