[ G.R. NO.

83882, JANUARY 24, 1989 ] IN RE PETITION FOR HABEAS CORPUS OF WILLIE YU, WILLIE YU, PETITIONER, VS. MIRIAM DEFENSOR-SANTIAGO, BIENVENIDO P. ALANO, JR., MAJOR PABALAN, DELEO HERNANDEZ, BLODDY HERNANDEZ, BENNY REYES AND JUN ESPIRITU SANTO,

The Facts Willie Yu (Petitioner) is a naturalized Filipino citizen. Petitioner was holder of a Portuguese passport and despite his naturalization on February 10, 1978 applied for a renewal of his travel document with the Portuguese Embassy in Tokyo and was issued same on July 21, 1981. Albeit, petitioner has renounced his former allegiance, he continues to revert to the former whenever convenient i.e. in business dealings and transactions local and overseas. Herein respondent has detained petitioner for eventual deportation alleging that the latter is not a citizen by virtue of his acts & evidences adduced. Petitioner filed a petition for habeas corpus seeking his release from detention. Issue Whether the Bureau of Immigration & Deportation (BID) was justified in detaining petitioner and processing him for deportation. Decision The court a quo, In Board of Immigration Commissioners vs. Go Gallano, enunciated that express renunciation was held to mean a renunciation that is made known distinctly and explicitly and not left to inference or implication. Petitioner after having renounced Portuguese citizenship upon naturalization, resumed or reacquired his prior status as a Portuguese citizen by applying for a renewal of his Portuguese passport and represented himself as such in official documents even after becoming a naturalized Filipino citizen. Such acts is grossly inconsistent with his maintenance of Philippine Citizenship. Philippine Citizenship, it must be stressed, is not a commodity or ware to be displayed when required and suppressed when convenient. Wherefore, premises considered, petitioner's motion for release from detention is denied. The decision is immediately executory.