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    Outline Citizenship and Immigration Law Summer 2019

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    BenBulac
    This document provides an overview of the objectives, methodology, policies, grading system, and topics to be covered for a Citizenship and Immigration Law course. The course aims to give students a firm understanding of citizenship and immigration law principles and foster critical thinking on related issues. Topics that will be discussed include citizenship under the Philippine constitutions, modes of acquiring and losing citizenship, immigration laws, the Bureau of Immigration, deportation processes, and extradition. Recitations, assignments, and exams will be used to evaluate students with grades determined 25% by class participation, 70% by the final exam, and 5% by attendance.

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    Outline Citizenship and Immigration Law Summer 2019

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    BenBulac
    411 views6 pages
    This document provides an overview of the objectives, methodology, policies, grading system, and topics to be covered for a Citizenship and Immigration Law course. The course aims to give students a firm understanding of citizenship and immigration law principles and foster critical thinking on related issues. Topics that will be discussed include citizenship under the Philippine constitutions, modes of acquiring and losing citizenship, immigration laws, the Bureau of Immigration, deportation processes, and extradition. Recitations, assignments, and exams will be used to evaluate students with grades determined 25% by class participation, 70% by the final exam, and 5% by attendance.

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    Outline Citizenship and Immigration Law Summer 2019 (1)

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    This document provides an overview of the objectives, methodology, policies, grading system, and topics to be covered for a Citizenship and Immigration Law course. The course aims to give students a firm understanding of citizenship and immigration law principles and foster critical thinking on related issues. Topics that will be discussed include citizenship under the Philippine constitutions, modes of acquiring and losing citizenship, immigration laws, the Bureau of Immigration, deportation processes, and extradition. Recitations, assignments, and exams will be used to evaluate students with grades determined 25% by class participation, 70% by the final exam, and 5% by attendance.

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    © All Rights Reserved
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    411 views6 pages

    Outline Citizenship and Immigration Law Summer 2019

    Uploaded by

    BenBulac
    This document provides an overview of the objectives, methodology, policies, grading system, and topics to be covered for a Citizenship and Immigration Law course. The course aims to give students a firm understanding of citizenship and immigration law principles and foster critical thinking on related issues. Topics that will be discussed include citizenship under the Philippine constitutions, modes of acquiring and losing citizenship, immigration laws, the Bureau of Immigration, deportation processes, and extradition. Recitations, assignments, and exams will be used to evaluate students with grades determined 25% by class participation, 70% by the final exam, and 5% by attendance.

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    CITIZENSHIP AND IMMIGRATION

    Lyceum of the Philippines University - College of Law


    Summer 2019
    Atty. Ruben S. Ayson Jr.

    Course objectives

    1. Give the students a firm grasp of the principles of Citizenship and Immigration Law
    2. Foster critical thinking on issues and current events related to the topics under the subject

    Course methodology

    1. There will be graded recitations, assignments, and examinations


    2. Recitation, assignments, and examinations will cover provisions of the Constitution, relevant
    laws, and jurisprudence

    Class policies

    1. Questions from students relating to the lesson are encouraged


    2. The assigned cases must be read for recitation and examination purposes
    3. Exams will be in essay form
    4. Keep absences and tardiness to a minimum
    5. No textbook is required (Students are free to choose the reference they will use)
    6. Cellphones and other gadgets must be turned off or put into silent mode during class

    Grading system:
    25% - Recitation, quizzes, assignments
    70% - Final Exam
    5% - Attendance
    Passing grade- 60%

    CITIZENSHIP
    A. Who are entitled to constitutional protection
    Citizenship and alienage
    Cases: Qua Chee Gan vs. Deportation Board, 9 SCRA 27 (1963)
    Harvey vs. Defensor-Santiago, 162 SCRA 840 (1988)
    Yu vs. Defensor-Santiago, 169 SCRA 364 (1989)
    Board of commissioner (CID) vs. Dela Rosa et al., 197 SCRA 853 (1991)

    B. Who are Filipino citizens

    Philippine Citizenship under 1935 Constitution


    Philippine Citizenship under 1973 Constitution
    Philippine Citizenship under 1987 Constitution

    i. Definition of citizenship
    Cases: Moy Yu Lim Yao vs. Commissioner of Immigration 41 SCRA 292 (1971)
    Aznar vs. COMELEC, 185 SCRA 703 (1990)
    Angat vs. Republic, 314 SCRA 438 (1999)
    Bengson III vs. Cruz, 357 SCRA 545 (2001)
    Tan Co vs. Civil Registrar of Manila, 423SCRA 426 (2004)
    ii. Elements of citizenship
    Case: Tan Chong vs. Secretary of Labor G.R. No. 47616, September 16, 1947
    iii. Importance of citizenship
    Cases: Elizabeth Lee vs. Director of Lands G.R. No 128195, October 3, 2001
    Cabiling vs. Commissioner Fernandez, G.R. No. 183133, July 26, 2010
    Go vs. Republic, G.R. No. 202809, July 2, 2014
    1
    iv. Natural born citizens
    Cases: Limkaichong vs. COMELEC G.R. Nos. 178831-32, April 1, 2009
    Kilosbayan vs. Ermita G.R. No. 177721, July 3, 2007
    v. Naturalized citizens
    Cases: Sobejana-Candon vs. COMELEC, G.R. No. 198742, August 10, 2012
    Maquiling vs. COMELEC, G.R. No. 195649, April 16, 2013
    vi. Stateless persons and Foundlings
    Case: Poe-Llamanzares vs. COMELEC G.R. No. 221697, March 8, 2016
    David vs. Senate Electoral Tribunal, G.R. No. 221538, September 20, 2016

    vii. Dual citizenship and dual allegiance


    Cases: Mercado vs. Manzano 307 SCRA 630
    Lopez vs. COMELEC, G.R. no. 182701, July 23, 200
    Petition for leave to resume practice of Law Benjamin M. Dacanay, B. M.
    No. 1678, December 17, 2007
    Jacot vs. Dal, G.R. no.179848, November 27, 2008
    Japzon vs. COMELEC, G.R. No. 180088, January 19, 2009
    Cordora vs. COMELEC, G.R. No. 176947, February 19, 2009
    viii. Natural-born citizens and public office
    Cases: Sobejana-Candon vs. COMELEC, G.R. No. 198742, August 10, 2012
    Maquiling vs. COMELEC, G.R. No. 195649, April 16, 2013
    Arnado vs. COMELEC, G.R. No. 210164, August 18, 2015
    Chua vs. COMELEC, G.R. No. 216607, April 5, 2016
    C. Modes of acquiring citizenship
    Case: Tecson vs COMELEC 424 SCRA 277 (2004)

    i. Jus soli and jus sanguine


    Case: Valles vs COMELEC, G.R. No. 137000, August 9, 2000
    ii. Election of Citizenship
    Case: Cabiling vs. Commissioner Fernandez, 625 SCRA 566 (2010)
    iii. Judicial Declaration of Philippine Citizenship
    Case: Republic vs. Sagun, G.R. No. 187567, February 15, 2012
    iv. Philippine Citizenship by Naturalization
    Qualifications and Disqualifications for naturalization
    Cases: Republic vs. Ong, G.R. No. 175430, June 8, 2012
    Republic vs. Karbasi, G.R. No. 210412, July 28, 2015
    v. Effect of naturalization on alien spouse and children
    Case: Republic vs. Batugas, G.R. No. 183110, October 7, 2013
    vi. Naturalization by presidential decree
    Case: Co vs. Civil Registrar, G.R. No. 138496, February 23, 2004
    vii. Judicial naturalization
    Cases: So vs. Republic, G.R. No. 170603, January 29, 2007
    Go vs. Republic, G.R. No. 202809, July 2, 2014
    Republic vs. Hung, G.R. No. 212785, April 4, 2018
    viii. Administrative Philippine citizenship
    Case: Republic vs. Batugas, G.R. No. 183110, October 7, 2013
    In the matter of the petition for admission to citizenship of Manish C. Mahtani,
    Manish C. Mahtani V. Republic of the Philippines, G.R. No. 211118, March 21, 2018

    2
    ix. OSG Special Committee on Naturalization
    Case: So vs. Republic, G.R. No. 170603, January 29, 2007
    x. Citizenship proceedings sui generis
    Case: Go vs. Ramos, G.R. No. 167569, September 4, 2009

    xi. Citizenship and Res judicata


    Cases: Burca v. Republic, 51 SCRA 248 (1973)
    Board of Commissioners (CID) v. Dela Rosa, 197 SCRA 854 (1991)
    Go vs. Bureau of Immigration, G.R. No. 191810, June 22, 2015

    D. Loss of Philippine citizenship and denaturalization


    Cases: Coquilla vs. COMELEC, G.R. No.151914, July 31, 2002
    Bengson III vs. Cruz, 357 SCRA 545 (2001)
    Labo vs. COMELEC 176 SCRA 1 (1989)
    Labo vs. COMELEC 211 SCRA 297 (1992)
    Frivaldo vs. COMELEC, 174 SCRA 245 (1989)
    Republic vs Dela Rosa, 232 SCRA 785 (1994)
    Frivaldo vs. COMELEC, 257 SCRA 727 (1996)

    E. Reacquisition of citizenship
    Cases: Tecson vs. COMELEC, G.R. No 161434, March 3, 2004
    Bengzon vs. HRET, 257 SCRA 545
    In Re Ching, Bar Matter No. 914, October 1, 1999
    Co vs. HRET, 199 SCRA 692 (1989)

    i. Procedure for reacquisition via repatriation/ R. A. No. 8171


    Cases: Bengson III vs. Cruz, 357 SCRA 545 (2001)
    Tabasa vs. Court of Appeals, G.R. No. 125793, August 29, 2006
    Altajeros vs. COMELEC, G.R. No. 163256, November 10, 2004

    ii. R.A. No. 9225 Citizenship Reacquisition Act


    Cases: Nicolas-Lewis vs. COMELEC, G.R. No. 162759, August 4, 2006
    AASJS vs. Datumanong, G.R. No. 160869, May 11, 2007
    Jacot vs. Dal, G.R. No. 179848, November 27, 2008
    David vs. Agbay, G.R. No. 199113, March 18, 2015
    Caballero vs. COMELEC No. 209835, September 22, 2015
    Chua vs. Comelec G.R. No. 216607, April 5, 2016
    Tan vs. Crisologo G.R. No. 193993, November 8, 2017
    Cardino vs. COMELEC, G.R. No. 216637, March 7, 2017

    IMMIGRATION
    Philippine Immigration Laws and other Related Laws
    CA 613 - Philippine Immigration Law of 1940
    RA 562 - Alien Registration Act of 1950
    RA 9225 - Citizenship Retention and Reacquisition Act of 2003
    RA 9139 - Administrative Naturalization Law of 2000
    RA 7919 - Social Integration Program in the Philippines Under Certain Conditions
    RA 8247 - Alien Social Integration Act of 1995 Under Executive Order 324
    i. Bureau of Immigration
    Cases: Ang Beng v. Commissioner G.R. No. L-9621, January 30, 1957
    Board of Commissioners (CID) v. De la Rosa, 197 SCRA 853 (1991)
    Lao Gi v. Court of Appeals, 180 SCRA 756 (1989)
    Miranda v. Deportation Board, 94 Phil 531(1954)
    Dwikarna v. Domingo 433 SCRA 748 (2004)
    Office of the Solicitor General v. De Castro, 529 SCRA 157 (2007)
    Wong vs. Wong, G.R. No. 180364, December 3, 2014
    Go vs. Bureau of Immigration, G.R. No. 191810, June 22, 2015

    3
    ii. Immigrants and non-immigrants
    Cases: Lao Tan Bun v. Fabre, 81 Phil. 682 (1948).
    Secretary of Justice, et al. v. Koruga G.R. No. 166199 prom. April 24, 2009
    iii. Board of Special Inquiry
    Case: Go vs. Bureau of Immigration, G.R. No. 191810, June 22, 2015
    iv. Deportation of Aliens
    Cases: Tan Sin vs. The Deportation Board, G.R. No. L-11511, November 28, 1958.
    Lao Gi v. Court of Appeals, 180 SCRA 756 (1989).
    Schonemann v. Defensor Santiago, et al G.R. No. 81461, May 30, 1989
    Commissioner Domingo vs. Scheer, G.R. No. 154745, January 29, 2004
    Board of Commissioners vs. Park G.R. No. 159835, January 21, 2010
    Go vs. BID, G.R. No. 191810, June 22, 2015
    Republic vs. Harp, G.R. No. 188829, June 13, 2016
    v. Extradition
    Cases: Wright vs. Court of Appeals, G.R. No. 113213 August 15, 1994
    Cuevas vs. Munoz, G.R. No. 140520, December 18, 2000
    Government of Hong Kong SAR vs. Hon. Olalia G.R. No. 153675, April 19, 2007
    Government of Hong Kong SAR vs. Munoz, G.R. No. 207342, August 16, 2016

    Secretary of Justice vs. Hon. Lantion, G.R. No. 139465, January 18, 2000
    Secretary of Justice vs. Hon. Lantion, G.R. No. 139465, October 17, 2000
    Government of the United States of America vs. Hon. Purganan, G.R. No. 148571,
    September 24, 2002
    Rodriguez vs. RTC, G.R. No. 157977, February 27, 2006

    vi. Remedies
    a. Habeas Corpus
    (Art. III, Sec. 15, Art, VII, Sec. 18)
    A.M. No. 03-04-04-SC RE: Proposed rule on custody of minors and writ of habeas
    corpus in relation to custody of minors

    Cases: Caballes vs, CA, 452 SCRA 312 (2005).


    Kiani v. Bureau of Immigration and Deportation (BID) 518 Phil. 501 (2006)
    Rodriguez vs. Bonifacio, 398 Phil. 441 (2000)
    Jackson vs. Macalino, G.R. No. 139255, November 24, 2003
    Office of the Solicitor General v. De Castro, 529 SCRA 157 (2007).
    b. Writ of Amparo A.M. No. 07-9-12-SC
    Cases: Reyes vs. Gonzalez, G.R. No. 182161, December 3, 2009
    Mison vs. Gallegos G.R. No. 210759, June 23, 2015
    Callo vs. Commissioner Morente G.R. No. 230324, September 19, 2017
    c. Bail
    Cases: Mejoff v. Director of Prisons, 90 Phil. 70 (1951)
    Chirskoff v. Commission of Immigration, 90 Phil. 256 (1951).
    d. DOJ Appeal
    Case: Kiani v. Bureau of Immigration and Deportation (BID) 518 Phil. 501 (2006)
    e. Administrative
    Case: Fuji vs. Dela Cruz, A.C. No. 11043, March 8, 2017

    vii. Liberty of abode and travel (Art. III, Sec. 6)


    Cases: Arroyo vs. De Lima, G.R. No. 199034, November 15, 2011
    League Division vs. Heusdens, AM No. P-11-2927, 13 December 2011
    Office of Administrative Services vs. Judge Macaring, AM No.MTJ-10-1770 July 18, 2012
    4
    viii. Judicial review
    Cases: Chua Hiong v. Deportation Board 96 Phil. 665 (1955).
    Vivo v. Montesa, 24 SCRA 155 (1968)
    Po Yo Bi v. Republic, 205 SCRA 400 (1992)
    Republic vs. Harp, G.R. No. 188829, June 13, 2016

    Immigration Procedures
    Deportation proceedings
    • Memorandum Circular No. SBM-2015-010 Bureau of Immigration Omnibus Rules of
    Procedure 2015

    Philippine Visa Guidelines / Requirements

    a. What is a Philippine Visa?

    • Temporary Visitor's Visa


    • Definition of a foreign tourist (temporary visitor)
    • Standard procedure/minimum requirements for applying a temporary visitor's
    visa
    • Travel Requirements for those with temporary visitor’s visa
    • Pre-Arranged Employee Visa
    • Student Visa
    • Immigrant Visa by Marriage
    • Permanent Resident Visa
    • Temporary Resident Visa
    • Returning Former Natural-Born Filipino
    • Balikbayan Privilege
    • Visa upon arrival

    b. Other visa/entry requirements for foreign nationals

    • Minor children below 15 yrs. old Traveling to the Philippines Unaccompanied by or not
    Joining a Parent in the Philippines
    • Foreign Nationals on Board Privately-Owned Yachts or Sailboats
    • Foreign Newsmen, Journalists and Cinema/Television Groups
    • Foreign Nationals who wish to take up a short-term non-degree course

    c. Extension of authorized period of stay in the Philippines


    d. Requirements for Aliens/ immigrants
    • ACR I-Card
    • Annual Report
    e. Derogatory lists
    • Black List Order
    • Hold Departure Order
    • Watchlist order
    Case: Genuino vs De Lima, G.R. No. 197930, April 17, 2018
    Sy vs Sandiganbayan G.R. No. 237703, October 03, 2018

    5
    f. Exclusion/Offloading
    R. A. No. 9208 Anti-Trafficking in Persons Act of 2003
    R. A. No. 10364 Expanded Anti-Trafficking in Persons Act of 2012
    R. A. No. 8042 Migrant Workers Act of 1995
    R. A. No. 10022 An Act Amending Republic Act No. 8042
    • Waiver for Exclusion Ground
    • IACAT Revised Guidelines on Departure Formalities for International Bound
    passengers (DOJ Memorandum Circular No. 36, June 15, 2015)

    g. Emigration Clearance Certificate (ECC)

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