.
Sponsored
by: The
ChanRobles Group
A
collection of Philippine laws, statutes and codes
not
included or cited in the main
indices
of
the Chan Robles Virtual Law Library.
Search
for www.chanrobles.com
|
|
|
|
|
EXECUTIVE ORDER NO. 249 - GRANTING
PERMANENT RESIDENT STATUS TO CERTAIN VIETNAMESE CITIZENS AND
FILIPINO-VIETNAMESE CHILDREN PURSUANT TO SECTION 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, Section 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;
2. Pursuant to
Section 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: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.
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 Section 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. |
chanroblesvirtuallawlibrary
|
|
|
|
|
Harvard Computer Systems, Inc. |
Since 19.07.98.
Search
for www.chanrobles.com
.