TOPIC: CITIZENSHIP
PETITION/CRIME: Petition for Habeas Corpus, seeking a release from detention.
GIST: Denial of Due Process.
FACTS:
1. 10 February 1978: Petitioner, Willie Yu originally a Portuguese citizen, was made a citizen of the Philippines by means of Naturalization.
2. April 1980: However, even if he acquired Filipino naturalization and after his allegiance to the Republic of the Philippines, he still declared his nationality as a Portuguese in his signed commercial documents, i.e. the Companies registry of Tai Shun Estate Ltd. 20 in Hongkong.
3. 21 July 1981: He renewed his Portuguese Passport (expired: 20 July 1986), which made it clear that he's renouncing his Filipino Citizenship.
4. 4 July 1988: petition for habeas corpus was filed seeking the release from detention of herein petitioner.
5. 7 December 1988: The Court ordered the Commissioner to cease and desist from immediately deporting petitioner Yu pending the conclusion of hearings before the Board of Special Inquiry, CID
6. 13 December 1988: Yu filed an urgent motion for release from arbitrary detention.
7. He was given 3 days to explain. His own compliance revealed that he was issued a Portuguese passport, naturalized as a Filipino, and yet renewed his Portuguese passport and still signed the said document representing himself as a Portuguese.
ISSUE:
Whether or not petitioner's claim to continued Philippine citizenship is meritorious.
RULING: (Supreme Court)
At the mind of the Court, given the acts of Yu, they were convinced that he was renouncing his allegiance to the Republic of the Philippines, Such resumption or reacquisition of Portuguese citizenship is grossly inconsistent with his maintenance of Philippine citizenship. Therefore denied his petition of release, and the Temporary Restraining Order was lifted.
[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, 21 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 22 resumed or reacquired his prior status as a Portuguese citizen, applied for a renewal of his Portuguese passport 23 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.]
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