EXECUTIVE ORDER NO. 249
EXECUTIVE ORDER NO. 249 - GRANTING
PERMANENT RESIDENT STATUS TO CERTAIN VIETNAMESE CITIZENS AND
FILIPINO-VIETNAMESE CHILDREN PURSUANT TO Sec. 47 OF THE IMMIGRATION
ACT OF 1940
WHEREAS, Filipino workers and their
wives, children and relatives were evacuated by the Philippine Navy
from Vietnam in several missions in 1975 and 1978 during the Vietnam
War and were legally admitted into the country;
WHEREAS, these Filipino-Vietnamese children, Vietnamese wives (legal,
common-law and widows), and other Vietnamese relatives have pending
applications for permanent resident status with the Special Committee
of the Task Force on International Refugee Assistance and
Administration (TFIRAA) under the Department of Foreign Affairs (DFA),
which have been referred by the Department of Justice (DOJ) per
its Opinion No. 42 (s. 1993) to the Bureau of Immigration;
WHEREAS, these Filipino-Vietnamese children, Vietnamese wives (legal,
common-law widowed) and other Vietnamese relatives have been unable to
produce the required legal documentation for their immigration
applications because they left during the height of the Vietnam War;
WHEREAS, since their legitimate arrival some 16 to 19 years ago, these
Filipino-Vietnamese children, Vietnamese wives (legal, common-law and
widowed) and other Vietnamese relatives continue to live as a
marginal minority group who have not been fully integrated into
Philippine society and, consequently, have become displaced
persons;
WHEREAS, the DOJ has issued Opinion No. 49 (s. 1995), clarifying its
Opinion No. 42 (s. 1993), that “the illegitimate child of a Filipino
father and a Vietnamese mother is a Filipino citizen considering that a
child born of a Filipino father is a Filipino citizen following the
1935 Constitution and the doctrine of jus sanguinis as adopted in the
1973 and the present Constitution as the basis for determining
Philippine citizenship,” provided paternal filiation is established by
sufficient and convincing documentary evidence;
WHEREAS, the family units of these Filipino-Vietnamese children should
not be broken up by denying Philippine residence to their Vietnamese
mothers and relatives who have been part of Philippine society for the
past 19 years; and
WHEREAS, to grant permanent resident status to these Vietnamese wives
(legal, common-law and widowed) and other Vietnamese relatives is in
line with the Constitutional policies under Article XV, Section 1,
recognizing the importance of the family as the foundation of the
nation, Article II, Section 12, recognizing the sanctity of family life
and Article XV, Sec. 3, defending the rights of children.
NOW, THEREFORE, I, FIDEL V. RAMOS, President of the Philippines, by
virtues of the powers vested in me by law, do hereby orders:
1.
This shall apply strictly to:
a)
those Vietnamese citizens who legally arrived in the Philippines prior
to or during the Vietnam War, but not later than 31 December 1978;
b) children of
Filipino citizens and the Vietnamese citizens referred to in paragraph
(a) above, whether or not their parents were legally married and
whether or not such children were born in the Philippines, provided
Filipino paternal filiation is established in accordance with law; and
c) direct
descendants of children of Filipino and Vietnamese parentage referred
to in paragraph (b) above.
2. Pursuant to
Sec. 47 of the Immigration Act of 1940, the following Vietnamese
citizens, and all Vietnamese citizens similarly situated but not
included in this list at the time of issuance of this order, if not
otherwise qualified for Philippine citizenship as children of Filipino
citizens under 1935, 1973 and present Constitutions, are hereby granted
resident status:
Name
Status Arrival Means of Arrival
1. Le Thi
Ai CLW 05/01/75 RP Misamis Oriental Ship
2. Luong Ngoo
Anh CLW
04/22/57 Phil.
Airplane (Grp. #40)
3. Pham Thi
Anh CLW 05/01/75 RPS Aurora Ship
4. Truong Thi
Anh CLW
11/21/78
RPS Aurora ship
5. Nguyen Thi
Ba
CLW 05/01/75
RPS Misamis Oriental Ship
6. Nhan dela
Cruz CLW 05/01/75 RPS Misamis Oriental Ship
7. Ngo Thi
Ngoc Chau W/CLW
11/21/78 RPS Aurora
Ship
8. Le Thi
Dao
CLW
5/01/75 RPS Misamis
Oriental Ship
9. Vo Thi
Dao
S
05/01/75 RPS Misamis
Oriental Ship
10. Nguyen Thi
Duc CLW
11/21/78 RPS Laguna Ship
11. Hua
Dung
CLW 10/14/75 Air France
12. Tran Thi
Gai CLW
11/21/78
RPS Aurora Ship
13. Nguyen Thi
Giang CLW
05/01/75 RPS Misamis
Oriental Ship
14. Truong Thi
Giao CLW
11/21/78
RPS Laguna Ship
15. Nguyen Thi
Thu Ha W/CLW 11/02/78 RPS Aurora Ship
16. Nguyen Thi
Hai
CLW
11/21/78 Air France
17. Truong Thi
Hai CLW 05/01/75 RPS Misamis
Oriental Ship
18. Bui Thi
Hanh CLW 10/27/75 Air
France
19. Dang Thi
Hoa
CLW
05/01/75 RPS
Misamis Oriental Ship
20. Hoang Thi
Hoa CLW
11/21/78 RPS
Laguna Ship
21. Nguyen Thi
Hoa LM 05/01/78 RPS
Misamis Oriental Ship
22. Nguyen Thi
Kim Hoa CLW
10/14/75 Air France
23. Tieu Thi
My Hoa CLW
05/01/75 RPS Misamis
Oriental Ship
24. Vo Thi
Hoi
LM 05/01/75 RPS Misamis Oriental Ship
25. Nguyen Thi
Hong CLW
05/01/75 RPS Misamis Oriental Ship
26. Huynh Thi
Hue CLW 11/21/78 RPS Laguna Ship
27. Le Thi
Hung
W/CLW 05/01/75 RPS
Misamis Oriental Ship
28. Bui Thi
Huong CLW 05/01/75
RPS Misamis Oriental Ship
29. Tran Thi
Huyen CLW 12/22/75 Air France
30. Kieu Nuong
Huynh CLW
05/01/75 RPS Misamis Oriental Ship
31. Le Thi
Khanh W/CLW
05/01/75 RPS Misamis Oriental
Ship
32. Nguyen Thi
Ky CLW 12/21/78 RPS
Aurora Ship
33. Nguyen Thi
Lai
LM
04/01/72 Air France
34. Nguyen A.
Lang W/LM 05/01/75 RPS Misamis
Oriental Ship
35. Phan Thi
Lieu CLW 11/21/78 RPS
Laguna Ship
36. Tran Thi
Loc
LM 05/01/75 RPS Misamis Oriental Ship
37. Bui Thi
Ly
CLW 11/21/78
RPS Laguna Ship
38. Tao Thi
Mai
CLW 11/21/78 RPS Aurora Ship
39. Nguyen
Ngoc Men CLW 05/01/75 RPS Misamis Oriental
Ship
40. Le Thi
Minh
CLW
11/21/78 RPS Aurora Ship
41. Le Thi
Ngoc Minh CLW 11/21/78 RPS
Laguna Ship
42. Nguyen Thi
Muoi CLW 05/01/75 RPS Misamis
Oriental Ship
43. Nguyen
Phuong Nam W/LM
04/28/75 US Airplane
44. Huynh Thi
Nem
CLW 10/18/75 Air France
45. Nguyen Thi
Nghia CLW 05/01/75 RPS
Misamis Oriental Ship
46. Minh Man
Nguyen
LM
05/01/75 RPS Misamis Oriental Ship
47. Nguyen
Ngoc Nguyen CLW 11/21/78 RPS
Aurora Ship
48. Phuong
Trong Nguyen CLW
11/21/78 RPS Aurora Ship
49. Ho Thi
Nhien
CLW
11/21/78 RPS Aurora Ship
50. Dang Thi
Nu
CLW 05/01/75 RPS Misamis Oriental Ship
51. Nguyen Thi
Phan
W/CLW
05/01/75 RPS Misamis
Oriental Ship
52. Nguyen Thi
Kim Phi
W/CLW 11/21/78
RPS Aurora Ship
53. Le Thi
Phien
LM
11/07/75 Airplane
54. Pham Thi
Phu
CLW
04/22/75 Airplane
55. Nguyen Thi
Phuong CLW 05/01/75 RPS Misamis Oriental
Ship
56. Nguyen Thi
Sau
LM
05/01/75 RPS Misamis Oriental Ship
57. Le Thi
Siem
CLW
09/08/75 Air France
58. Nguyen Thi
Tai
CLW 05/01/75 RPS Misamis Oriental Ship
59. Nguyen Thi
Than
CLW
05/01/75 RPS Misamis Oriental Ship
60. Huynh Kim
Thanh CLW
11/21/78 RPS
Laguna Ship
61. Dang Thi
Thanh
CLW 05/01/75
RPS Misamis Oriental Ship
62. Le Thi
The CLW
05/01/75 RPS Misamis Oriental Ship
63. Nguyen Thi
Thu
CLW 05/01/75 RPS Misamis Oriental Ship
64. Nguyen Thi
Tieu
CLW 11/21/78 RPS Aurora Ship
65. Nguyen
Bach Tuyet CLW 04/24/75
Airplane
66. Bui Thi
Tuyet
CLW
05/01/75 RPS Misamis Oriental Ship
67. Le Thi
Tuyet
CLW 07/25/76
Airplane
68. Pham Thi
Tuyet
CLW
05/01/75 RPS Misamis Oriental
Ship
69. Tran Thi
Tuyet W/CLW
11/21/78 RPS Laguna Ship
70. Tran Thi
Xinh
CLW
05/01/75 RPS Misamis Oriental
Ship
72. Mai Ba
Huyen
LM
1971
Commercial Airplane
71. Tran Thi
Yen
CLW
11/21/78 RPS Laguna Ship
Legend:
CLW —
Common-Law Wife
S — Single
LM — Legally
Married
W — Widow
3. Pursuant
likewise to Sec. 47 of the Immigration Act of 1940, the passport and
other documentary requirements, for the issuance of permanent resident
visas to the foregoing Vietnamese citizens and other persons similarly
situated who are covered by this Order, are hereby waived. The
Secretary of Justice is hereby directed to immediately prepare the
guidelines of be followed by the Bureau of Immigration in the
processing of the permanent resident visas of the foregoing Vietnamese
citizens and other persons similarly situated who are covered by this
Order.
4. The
Secretary of Justice is hereby directed to immediately prepare the
guidelines to be followed by the Bureau of Immigration in the
processing of the citizenship papers of the Filipino-Vietnamese
children who are covered by this Order, pursuant to the Department of
Justice Opinion No. 49 (s. 1995), clarifying its Opinion No. 42 (s.
1993) that the Filipino-Vietnamese children of Filipino men and
Vietnamese women, are entitled to Philippine citizenship as
natural-born citizens on the basis of Filipino paternity and the
doctrine of jus sanguinis, under the 1935, 1973 and present
Constitutions, proved administratively in accordance with law.
5. The Bureau
of Immigration is hereby been given until 15 August 1995 to complete
the processing of the citizenship papers or permanent resident visas,
as the case may be, of the foregoing Vietnamese citizens,
Filipino-Vietnamese children and other persons similarly situated who
are covered by this Order. The Secretary of Justice shall submit his
report on the implementation of this Order to the Office of the
President on or before 31 August 1995.
6. The
Secretary of Foreign Affairs is hereby directed to facilitate the
issuance of passports to the Filipino-Vietnamese children found
qualified for Philippine citizenship pursuant to this Order of the
latter desire to apply for the same.
The Secretaries of Justice and
Foreign Affairs are hereby directed to provide residence and travel
documents to the foregoing Vietnamese citizens and other Vietnamese
citizens similarly situated who are hereby granted permanent resident
status but cannot obtain Vietnamese passport.
7. This Order
shall take effect immediately.
DONE in the City of
Manila, this 29th day of May, in the year of our Lord, Nineteen
Hundred and Ninety-Five.
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Since 19.07.98.