YU vs DEFENSOR-SANTIAGO

IN RE PETITION FOR HABEAS CORPUS OF WILLIE YU, WILLIE YU, petitioner

MIRIAM DEFENSOR-SANTIAGO, BIENVENIDO P. ALANO, JR., MAJOR PABALAN, DELEO HERNANDEZ, BLODDY HERNANDEZ, BENNY REYES AND JUN ESPIRITU SANTO, respondents

G.R. No. 83882. January 24, 1989. EN BANC.

FACTS:

Yu 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. Despite his naturalization as a Philippine citizen on 10 February 1978, on 21 July 1981, Yu 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 20 duly 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," Yu 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:

WON the acts of Yu considered together constitute an express renunciation of Philippine citizenship acquired through naturalization.

RULING:

YES.

Express renunciation was held to mean a renunciation that is made known distinctly and explicitly and not left to inference or implication. Yu 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.