Prescott v. Bureau of Immigration
NEW DOCTRINEFacts
1. The Antecedents: Walter Manuel F. Prescott, born in the Philippines to an American father and a Filipino mother, was issued an Alien Certificate of Registration in 1951. He lived and worked in the Philippines his entire life. He later became a naturalized American citizen in 2006. In 2008, he applied for and was granted re-acquisition of his Philippine citizenship under Republic Act No. 9225, taking an oath of allegiance and receiving an Identification Certificate and Philippine passport. He retired and returned to the Philippines in 2010. 2. Procedural History: In 2012, a complaint was filed against Prescott alleging illegal re-acquisition of Philippine citizenship. Despite his failure to appear at hearings, notices were returned unserved. In 2013, the Bureau of Immigration (Bureau) issued a resolution declaring Prescott an American citizen and ineligible to re-acquire Philippine citizenship. The Department of Justice (DOJ) approved this recommendation. Prescott learned of this cancellation when he attempted to renew his Philippine passport in 2014. He was subsequently charged with misrepresentation and fraud, leading to a deportation order in 2016. He was arrested and detained. He filed a Petition for Declaratory Relief with Petition for Habeas Corpus before the Regional Trial Court (RTC), which denied the declaratory relief but ordered the Bureau to implement the deportation order within 30 days or release him. The Court of Appeals (CA) affirmed the RTC's decision, denying his appeal and motion for reconsideration. 3. The Petition: Prescott filed a Petition for Review on Certiorari under Rule 45 of the Rules of Court, assailing the CA's dispositions. He argues that the complaint against him constituted a collateral attack on his citizenship, that the Bureau and DOJ proceedings were void for lack of due process, that he properly availed of declaratory relief and habeas corpus, that he is a natural-born Filipino citizen eligible to re-acquire citizenship under RA 9225, and that he should be released from detention. The Supreme Court considered the issue of his citizenship as a question of law, finding that the Bureau and DOJ proceedings were void ab initio due to violations of due process. The Court also determined that Prescott is a natural-born Filipino citizen, making the deportation order void and entitling him to release.
Issue(s)
Whether the complaint filed by Lourdes and Troutman constituted a collateral attack on Prescott's citizenship. Whether the proceedings before the Bureau and the DOJ Resolution dated November 28, 2013, were void for violation of due process. Whether Prescott properly availed of the petitions for declaratory relief and habeas corpus. Whether Prescott, born under the 1935 Constitution to an American father and a Filipino mother, is a natural-born Filipino citizen eligible to reacquire Philippine citizenship under Republic Act No. 9225. Whether Prescott may be released from detention.
Ruling
The Petition is meritorious. The Decision dated June 25, 2021, and Resolution dated August 15, 2022, of the Court of Appeals are REVERSED. The Deportation Order issued against petitioner Walter Manuel F. Prescott is declared VOID. The Petition for Habeas Corpus is GRANTED, and the Bureau of Immigration and the Department of Justice are ORDERED to RELEASE petitioner Walter Manuel F. Prescott immediately.
Ratio Decidendi
On the nature of the complaint against Prescott's citizenship: The Court held that the complaint filed by Lourdes and Troutman before the Bureau was a direct attack on Prescott's re-acquisition of Philippine citizenship, not a collateral one. The Bureau, in consultation with the DOJ, is designated as the implementing agency for Republic Act No. 9225 and is empowered to revoke approvals for re-acquisition upon findings of fraud, misrepresentation, or concealment. The procedure under Commonwealth Act No. 473, concerning naturalization, was deemed inapplicable as Prescott did not obtain his citizenship through naturalization but through re-acquisition under RA 9225. On the violation of due process: The Court found that the proceedings before the Bureau and the DOJ Resolution dated November 28, 2013, were void ab initio for violation of Prescott's right to due process. The Bureau and DOJ admitted that notices for hearings were returned "unserved" or with the comment "moved out," and there was no allegation or evidence that Prescott was furnished a copy of the DOJ Resolution. His discovery of the resolution was by chance when he applied for passport renewal. The Court emphasized that the mere filing of motions for reconsideration did not cure the due process defect, as these were filed precisely to raise the issue of lack of opportunity to be heard on the merits. On the propriety of the remedies filed: The Court reiterated that a petition for declaratory relief is an improper remedy to secure a judicial declaration of citizenship, as such declaration can only be made as an incident to another justiciable controversy. However, the Court treated Prescott's petition for declaratory relief as an incident to his petition for habeas corpus, as his citizenship was a threshold issue determining the legality of his detention and deportation. The petition for habeas corpus was deemed proper due to the Bureau's unreasonable delay in implementing the deportation order and the subsequent finding that the deportation order itself was void. On Prescott's citizenship: The Court ruled that Prescott is a natural-born Filipino citizen. Born under the 1935 Constitution to a Filipino mother and an American father, he was considered to have elected Philippine citizenship through informal means, evidenced by his consistent identification as Filipino in various documents, his naturalization as an American citizen (implying he was not one by birth), his use of "balikbayan" status, and his re-acquisition of Philippine citizenship under RA 9225. The Court also considered his Oath of Allegiance in 2008 as substantial compliance with the formal election requirements under Commonwealth Act No. 625, especially given his lifelong identification with the Philippines and the principle of avoiding statelessness under international conventions. On Prescott's release from detention: The Court granted the petition for habeas corpus, ordering Prescott's immediate release. It found that the Bureau lacked jurisdiction to deport him because he is a natural-born Philippine citizen, not an alien. The argument that habeas corpus was improper because Prescott was in the custody of the PAO was rejected, as the PAO was merely holding him temporarily due to his medical condition, and he remained under the legal custody of the Bureau, which had arrested him pursuant to a void deportation warrant. The Court noted his advanced age, prolonged detention, and medical condition, emphasizing that he should not have been deprived of his liberty.
Main Doctrine
The Bureau of Immigration and the Department of Justice proceedings revoking the re-acquisition of Philippine citizenship were void ab initio for violation of due process. The petitioner, Walter Manuel F. Prescott, is a natural-born Filipino citizen and thus cannot be legally deported.