EXECUTIVE ORDER NO. 249 May 29, 1995
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;
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 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:
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Name Status Arrival Means of Arrival
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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 HoaCLW 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
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. lawphi1.net
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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