Documente Academic
Documente Profesional
Documente Cultură
CA
G.R. No. 125793. August 29, 2006
FACTS:
1. Petitioner Joevanie Tabasa was a natural-born citizen of the PH.
2. In 1968, when Tabasa was 7 yrs. old, his father became a
naturalized citizen of the US. And by derivative naturalization
(citizenship derived from that of another as from a person who holds
citizenship by virtue of naturalization), he also acquired American
citizenship.
3. In 1995, he arrived at the PH for 1 year as a balikbayan. He was then
arrested and detained by agent Soluren of the Bureau of Immigration
and Deportation (BID) pursuant to a BID Mission Order.
4. Petitioner was charged with 1 count of felon in possession of firearm
and 1 count of sexual battery both of which violates the California
Penal Code
5. Due to this, the Consul General of the US filed a request with the BID
to apprehend and deport Tabasa due to the standing warrant for
several federal charges issued to him and Tabasas American
passport has been revoked.
6. According to the BID, due to that revocation, Tabasa is now
considered undocumented & undesirable alien and may be
summarily deported to his country of origin, the US.
7. *Note that when Tabasa filed this petitioner, he was already 35 yrs.
old
Contention of CA & BID:
Contention of Tabasa:
ISSUE:
(1) Did Tabasa validly reacquire his Philippine citizenship under RA
8171? NO.
(2) Was there a valid repatriation? None.
HELD:
(1) No. He is not one of those people qualified for repatriation under RA
8171.
Persons qualified for repatriation under RA 8171
a. Filipino women who lost their Philippine citizenship by marriage to
aliens; and
b. Natural-born Filipinos including their minor children who lost their
Philippine citizenship on account of political or economic necessity.
(2) There was no valid repatriation since Tabas did not comply with the
procedure prescribed by law.
ALSO, in the case of Schonemann v. Defensor Santiago, et al., the court held
that if an alien wants to stay in the Philippines, he must possess the
necessary documents, one of which is a valid passport. And an alien whose
passport is canceled after his admission into the country, becomes an
undocumented alien who can be summarily deported.