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

Executive Orders May 29, 1995
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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 β€œthe 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 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

–

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, 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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