Willie Yu vs Miriam Defensor-Santiago

G.R. No. 83882 – 251 Phil. 346 – 169 SCRA 364 – Political Law – Constitutional Law – General Principles – Elements of a State – People; Citizens – Naturalization; How citizenship is lost

Willie Yu was ordered by Immigration Commissioner Miriam Defensor-Santiago to be arrested and deported. It appears that Willie is an overstaying alien. Willie then filed a petition for issuance of a writ of habeas corpus to question his arrest and detention.

ISSUE: Whether or not there is basis to deport Willie Yu.

HELD: Yes. Based on evidence on record, Willie was a Portuguese who was later naturalized as a Filipino in 1978. However in 1980, he signed several commercial documents which indicated that he is Portuguese. In 1981, he renewed his Portuguese passport and was subsequently issued one. The passport expired in 1986.

These acts constitute an express renunciation of Willie Yu’s Philippine citizenship acquired through naturalization. Express renunciation means a renunciation that is made known distinctly and explicitly and not left to inference or implication. Willie, with full knowledge, and legal capacity, 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.

Read full text.