Law Summary
Key Definitions
- EO 249a: Refers to Executive Order No. 249 (1995) and amendments granting permanent resident status to certain Vietnamese and their descendants.
- Application: Requests for permanent residency or Philippine citizenship recognition.
- Department: Department of Justice; Bureau: Bureau of Immigration; Secretary: Secretary of Justice; Commissioner: Immigration Commissioner.
- Act: Philippine Immigration Act of 1940, as amended.
Application Requirements and Filing Process
- Application must use prescribed forms from the Bureau of Immigration, completed in quadruplicate with applicant's signature.
- Forms available and filed at the Bureau’s office in Intramuros, Manila.
- Filing deadline: November 15, 2000.
- Eight recent passport-size photos required, signed by the applicant.
- Upon complete submission and payment (P1,000 processing fee and P10 legal research fee), the application is docketed and entered chronologically.
Processing Procedures
- Commissioner assigns application to Bureau official for processing.
- Applicants may be interviewed under oath to verify application contents and present evidence, with legal counsel allowed.
- Interview duration limited to three days.
Eligibility for Permanent Resident Status
- Vietnamese nationals who arrived in the Philippines legally by December 31, 1978, but not qualified for citizenship as children of Filipino parents.
- Other Vietnamese citizens similarly situated but not listed under EO 249.
- Children and direct descendants of the above.
Information Required on Permanent Residence Application
- Personal information including name, birth details, arrival information, family details, civil status, occupation, and residence history.
Supporting Documents for Permanent Residence
- Travel documents or evidence of identity and arrival.
- Marriage documents if applicable, birth or baptismal certificates for descendants.
- Affidavits from two reputable Philippine citizens attesting to moral character.
- Clearances from law enforcement and intelligence agencies, courts.
- Medical certificate indicating fitness and non-contagious disease status.
- Proof of financial capacity or affidavit of support to prevent public charge.
Issuance and Cancellation of Alien Certificate of Registration (ACR)
- Upon processing and favorable recommendation, ACR is issued.
- Cancellation grounds include perjury, exclusionary status under immigration laws, or grounds for deportation.
Application Processing and Decisions for Permanent Residency
- Immigration officer reports within five days post-interview.
- Commissioner must inform Secretary of all actions by November 30, 2000.
- Permanent Resident Status/Visa issued upon approval.
Citizenship Recognition Eligibility
- Legitimate or illegitimate children of Filipino fathers and Vietnamese mothers who arrived by December 31, 1978.
- Direct descendants of such Filipino-Vietnamese children.
Citizenship Recognition Application Contents
- Comprehensive data including identity, arrival, occupation, marital status details, family information, addresses, and citizenship background.
Supporting Documents for Citizenship Recognition
- Birth records or naturalization documents of applicant’s Filipino father.
- Applicant’s birth records or final judgments.
- Marriage records of parents if applicable.
- Public or notarized affidavits proving filiation and family facts.
- Evidence of continuous and public possession of status as Filipino child.
Application Processing for Citizenship Recognition
- Reporting by immigration officer within 10 days after interview.
- Commissioner forwards application to Secretary for final affirmance.
Issuance of Filipino Identification Certificate
- On Secretary’s approval, an identification certificate recognizing the applicant as Filipino is issued following compliance with immigration procedures.
Effectivity
- The Rules take effect upon publication in a newspaper of general circulation, promulgated on July 20, 2000 by the Secretary of Justice.