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
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 βthe 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,β provided Filipino 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 Republic of the Philippines, by virtue of the powers vested in me by
law, do hereby orders:
1. This Order 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 the 1935, 1973 and present Constitutions, are hereby granted permanent
resident status:
| Name | Status | Date of
Arrival |
Means of Arrival |
| 1. Le Thi Ai | CLW | 05/01/75 | RP Misamis Oriental Ship |
| 2. Luong Ngoo Anh | CLW | 04/22/75 | Phil. Airplane (Grp. No. 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 | 05/01/75 | 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 |
| 71. Mai Ba Huyen | LM | 1971 | Commercial Airplane |
| 72. Tran Thi Yen | CLW | 11/21/78 | RPS Laguna Ship |
| CLW | β | Common-Law Wife |
| S | β | Single |
| LM | β | Legally Married |
| W | β | 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, provided that Filipino paternal filiation is proved
administratively in accordance with law.
5. The Bureau of Immigration is hereby 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 if
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
passports.
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.
(Sgd.) FIDEL V. RAMOS
President of the Philippines
By the
President:
(Sgd.) RUBEN
D. TORRES
Executive Secretary
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