FREE LEGAL ADVICE IN DEAR PAO COLUMN

Dear PAO,

May I know the citizenship of a person born in 1937 in Manila to Chinese parents? I have an ACR I-Card but I intend not to renew it because I do not plan to travel anymore. What, if any, will be the effect to me of the non-renewal?

T. SY Dear T. Sy,

In order to fully answer your query, it is best to mention the provision on citizenship under the 1935 Constitution. Section 1, Rule IV of the said Constitution provides that:

“The following are citizens of the Philippines:

(1) Those who are citizens of the Philippine Islands at the time of the adoption of the Constitution;

(2) Those born in the Philippines of foreign parents who, before the adoption of this Constitution have been elected to public office in the Philippine Islands;

(3) Those whose fathers are citizens of the Philippines;

(4) Those whose mothers are citizens of the Philippines and, upon reaching the age of majority, elect Philippine citizenship; and

(5) Those who are naturalized in accordance with law.”

Based on the above law and following the principle of jus sanguinis, the citizenship of a person born to Chinese parents is also Chinese even if he was born in the Philippines. As a Chinese citizen, you are required to comply with the duties and responsibilities imposed to foreigners residing in the Philippines since the right of foreigners to stay here is a mere privilege. One of such duties is the registration in the Bureau of Immigration. Under the Alien Registration Act of 1950 (Republic Act No. 562 as amended), any alien who is in the Philippines at the time of the approval of the Alien Registration Act on June 17, 1950 and who is 14 years of age or more and will remain in the Philippines for 30 days or longer must apply for registration, and be fingerprinted, within 30 days after said approval. In case the alien is below 14 years old, his parent or legal guardian must apply for his registration. As a consequence of registration, the Bureau of Immigration, being the implementing government agency, issues an Alien Certificate of Registration (ACR) in a paper based form.

However, by reason of the imperative need to modernize and improve efficiency and security of alien registration identification and monitoring system in light of the increasing traffic in the country’s numerous ports and in- crease threats of terrorists, transnational criminals and aliens with criminal records, the Bureau of Immigration implemented an automated, accurate, fraud- proof and tamper-proof registration, identification and monitoring of registered aliens in the country through its ACR I- CARD Project, which replaced the paper based ACR to ACR I-card. Included in the list of aliens who are required to register under the ACR I- Card Project are those classified as “native born” or those born in the Philippines of foreign parents. The validity of an I-card issued to a native born is 5 years and shall be renewed one month before its expiration. The enrolment to the ACR I- CARD Project and the renewal of I- Card subsequently issued are mandatory to all covered registered aliens. Thus, aliens who failed to comply with these requirements would be considered not properly documented and may be proceeded against under the provisions of Immigration Act of 1940, which includes deportation (Memorandum Order No. MCL- 07- 010, Providing for the Revised Implementing Guidelines for the ACR ICard Project).

Thus, being a native born Chinese citizen, you cannot dispense with the renewal of your ACR I-card because as a foreigner, you have to comply with the regulations imposed upon by the Philippines. The rules did not provide for exemption in the renewal of ACR I-card for reason of non-intention to travel. You will be considered as not properly documented and may be deported or forcibly removed from the Philippines if you will fail to renew your I-card.

We hope that we were able to answer your queries. Please be reminded that this advice is based solely on the facts you have narrated and our appreciation of the same. Our opinion may vary when other facts are changed or elaborated.