Title
Supreme Court
Guidelines on Vietnamese Residency and Citizenship
Law
Doj
Decision Date
Jul 20, 2000
A Philippine law outlines the guidelines for processing applications for permanent resident status of certain Vietnamese and recognition of Philippine citizenship for their descendants, emphasizing the importance of family and children's rights, with specific requirements and procedures to be followed.

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.

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