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IN RE PETITION FOR HABEAS CORPUS OF WILLIE YU v. MIRIAM DEFENSOR-


SANTIAGO ET. AL.
G.R. No. L-83882, 169 SCRA 364, January 24, 1989

TOPIC: Loss of Citizenship


THESIS STATEMENT:
Yu filed a motion for clarification with prayer for restraining order, urgent motion for release
from arbitrary detention, the memorandum in furtherance of said motion for release, and
motion to set case for oral argument in re his petition for Habeas Corpus.
FACTS:
 Yu was originally issued a Portuguese passport in 1971 and renewed the same
(Portuguese passport is valid for 5 years)
 Yu became a naturalized Filipino citizen on February 1978
 Despite being a naturalized Filipino citizen, Yu applied for and was issued a
Portuguese passport by Consular Section of the Portuguese Embassy in Tokyo.
 Yu declared his nationality as Portuguese in commercial documents he signed
(Companies registry of Tai Shun Estate Ltd. filed in Hong Kong in 1980)
HISTORY OF THE CASE:
 Yu filed a Petition before the Court for Habeas Corpus seeking his release from
detention
 SC En banc November 10, 1988 Resolution denied the petition for Habeas Corpus
 Yu filed a Motion for Reconsideration but the Court denied the motion and also denied
the urgent motion for issuance of a restraining order (November 28, 1988)
 Yu filed a motion for clarification with prayer for restraining order on December 5,
1988  The Court granted and TRO was issued by the Court
 Respondent Santiago filed a motion to lift TRO by reason of the summary judgment
of deportation against Yu issued by CID Board of Commissioners.
 Yu filed several motions.
 Acting on the Motion to lift TRO, the Court resolved to give Yu a non-extendible period
of 3 days to explain and prove why he should still be considered a Filipino citizen
despite his acquisition and use of a Portuguese passport
 Yu filed his compliance.
ISSUE/S:
1. WON Yu renounced his Philippine Citizenship in his acquisition and use of a
Portuguese passport.
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RULING OF SUPREME COURT:


1. YES. Yu expressly renounce his Philippine Citizenship he acquired by Naturalization
in his acquisition and use of a Portuguese passport.

The Court sees the foregoing acts of Yu, as stated in his compliance, to constitute an
express renunciation of his Philippine citizenship. Yu, with all knowledge and legal
capacity, after having renounced Portuguese Citizenship by acquiring 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. This is grossly inconsistent with his maintenance of Philippine
citizenship.

There is no denial of due process when Yu was given by the Court the opportunity to
show proof of continued Philippine citizenship but Yu failed.

Philippine Citizenship is NOT a commodity or were to be displayed when required


and suppressed when convenient.

 Passport is an official document of identity and nationality issued to a person


intending to travel or sojourn in foreign countries.
 Passport is a document certifying to the Philippine citizenship of the holder in
use for travel purposes.

 General rule: Having two nationalities and owing allegiance to two distinct
sovereignties is not permitted by Philippine laws
 Exception: R.A. No. 2639 acquisition of citizenship by a natural-born Filipino
citizen from one of the Iberian and any friendly democratic Ibero-American
countries shall NOT PRODUCE loss or forfeiture of his Philippine citizenship
IF:
 The law of that country grants the same privilege to its citizens
 Such had been agreed upon by TREATY between Philippines and that
foreign country from which citizenship is acquired.

Petition DENIED. Respondent’s Motion to lift TRO is GRANTED.