Case Summary (G.R. No. 190828)
Petitioner
Walter Manuel F. Prescott—natural-born child of an American father and Filipino mother—resided continuously in the Philippines, lost U.S. citizenship for overstaying, later naturalized as an American, then applied (2008) to reacquire Philippine citizenship under RA 9225.
Respondents
• Bureau of Immigration: Conducted cancellation proceedings without effective notice; issued deportation order (March 29, 2016).
• Department of Justice: Approved BI’s recommendation to revoke Prescott’s dual-citizenship certificate (November 28, 2013).
Key Dates
• April 10, 1950 – Birth; eligibility under 1935 Constitution.
• April 10, 1976 – U.S. citizenship lost for failure to return.
• November 26, 2008 – Application and approval for dual citizenship under RA 9225; Oath of Allegiance taken.
• March 29, 2016 – BI deportation order issued.
• June 25, 2021 – Court of Appeals denies Prescott’s appeal.
• August 15, 2022 – CA denies motion for reconsideration.
• December 5, 2023 – Supreme Court decision.
Applicable Law
• 1987 Philippine Constitution (case decided post-1990)—citizenship and due-process guarantees.
• Republic Act No. 9225 (Citizenship Retention and Reacquisition Act of 2003).
• Commonwealth Act No. 625 (formal election of citizenship under 1935 Constitution).
• 1961 Convention on the Reduction of Statelessness (acceded by the Philippines in 2022).
• Rule 45 (Petition for Review on Certiorari) and Rule 102 (Habeas Corpus), Revised Rules of Court.
Factual Background
Prescott was registered as an alien at birth, never left the Philippines until 1982, lost his U.S. citizenship in 1976, married a Filipino woman (1981), had three children, worked abroad, naturalized in the U.S. (2006), then reacquired Philippine citizenship (2008). He returned permanently to the Philippines (2010).
Administrative and Judicial Proceedings
• November 2008 – Letter-complaint alleges illegal reacquisition of citizenship. Notices for BI hearings went “unserved.”
• November 28, 2013 – DOJ revokes Prescott’s RA 9225 certification without furnishing him a copy or hearing on the merits.
• March 29, 2016 – BI issues deportation order; Prescott arrested August 25, 2016.
• March 2019 – Prescott files Petition for Declaratory Relief and Habeas Corpus in RTC Manila; habeas corpus initially denied but modified to require deportation within 30 days or release.
• June 25, 2021 – Court of Appeals affirms denial of review and orders deportation.
Issues for Resolution
- Whether cancellation of Prescott’s citizenship was a collateral or direct attack.
- Whether BI and DOJ proceedings violated due process.
- Proper remedies—declaratory relief and habeas corpus.
- Whether Prescott is a natural-born Filipino under the 1935 Constitution and eligible under RA 9225.
- Whether Prescott’s continued detention is lawful.
Supreme Court’s Jurisdiction to Review
The Court may consider only questions of law in a Rule 45 petition. Here, the facts are undisputed; parties differ on legal conclusions—hence issues are legal in nature and properly before the Court.
Violation of Due Process in Administrative Proceedings
• BI and DOJ never served Prescott with notices or records, depriving him of the opportunity to be heard, in breach of Article III, Section 1 (due process) of the 1987 Constitution.
• Ang Tibay criteria not met: Prescott had no chance to present evidence; decisions lacked consideration of his defenses.
• Motions for reconsideration cannot cure lack of initial hearing.
• Proceedings and DOJ’s revocation resolution are void ab initio for denial of administrative due process.
Formal Election by Oath of Allegiance
• Commonwealth Act No. 625 requires a written election and oath of allegiance.
• Prescott’s Oath of Allegiance (November 26, 2008) under RA 9225—voluntary affirmation of supreme authority of the Philippines—substantially complies with formal election requirements.
• Substantial-compliance doct
Case Syllabus (G.R. No. 190828)
WALTER MANUEL F. PRESCOTT, PETITIONER, VS. BUREAU OF IMMIGRATION, AS REPRESENTED BY HON. ROGELIO D. GEVERO, JR., AND THE DEPARTMENT OF JUSTICE, RESPONDENTS
Facts and Antecedents
- Born April 10, 1950 in the Philippines to an American father and a Filipino mother; issued an Alien Certificate of Registration (ACR) on January 12, 1951.
- Lived, studied, and worked continuously in the Philippines until 1982; lost U.S. citizenship on April 10, 1976 for overstaying.
- Married a U.S. citizen in 1981; first child born in 1981 in the Philippines, two others in the U.S. in 1986 and 1988.
- Naturalized as an American citizen on August 5, 2006; traveled to the Philippines on balikbayan status in subsequent years.
- Applied for and was granted reacquisition of Philippine citizenship under RA 9225 on November 26, 2008; took Oath of Allegiance same day.
- Obtained Philippine passport in 2009, retired from the World Bank in 2010, and settled permanently in the Philippines thereafter.
Administrative Proceedings Before BI and DOJ
- June 6, 2012: ex-wife and third party filed complaint alleging fraudulent reacquisition of Philippine citizenship.
- Notices for administrative hearing (July–September 2012) returned unserved; Prescott did not appear.
- October 17, 2013: BI Resolution found him an American citizen at birth and ineligible for RA 9225; recommended revocation of his dual-citizenship certificate.
- November 28, 2013: DOJ approved cancellation of his reacquisition order; Prescott learned only when passport renewal was denied in early 2014.
- February 24 and March 17, 2014: Prescott’s requests for records denied; no due-process hearing or notice on the merits afforded.
- March 29, 2016: BI issued deportation order; August 22, 2016: warrant of deportation; arrested August 25, 2016 and detained at Camp Bagong Diwa.
Proceedings in the Regional Trial Court
- March 13, 2019: Prescott filed Petition for Declaratory Relief and Petition for Habeas Corpus before RTC Manila, Branch 10.
- March 21, 2019: RTC denied habeas corpus for lack of remedy (deportation order deemed final), directed declaratory relief (improper basis) dismissed.
- May 24, 2019: on reconsideration, RTC (a) denied declaratory relief for immutability of judgments; and (b) granted habeas corpus but stayed release pending deportation within 30 days.
Proceedings in the Court of Appeals
- June 25, 2021: CA Decision af