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Senate sees abuse of citizenship law in Joseph Sy case
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Senate sees abuse of citizenship law in Joseph Sy case

Lawmakers have raised concerns over possible systemic failures in identity verification and weaknesses in coordination among government agencies as the Senate on Monday launched an inquiry into the alleged misuse of Republic Act No. 7919, or the Alien Social Integration Act (Asia), in the acquisition of Philippine citizenship by a suspected Chinese national identified as Joseph Sy.

Sen. Risa Hontiveros raised the issue as she opened the subcommittee hearing of the justice and human rights panel on the case of Sy, whom she said is “already dubbed by the media as Alice Guo 2.0.”

She said the core question centers on Sy’s citizenship, noting that the Bureau of Immigration (BI) has reported that the fingerprints appearing on Sy’s Philippine passport matched those of Chen Zhong Zhen, a Chinese national who applied for amnesty under the Asia, which granted amnesty to foreigners who entered the country before 1992.

“The question now is: How did he become a Filipino? Was his identity lawfully obtained or manufactured for special access?” Hontiveros asked.

According to the senator, the case goes beyond paperwork concerns, pointing out that Sy’s child allegedly holds two identities, two citizenships, and two passports.

Hontiveros added that Sy’s presentation as a Filipino citizen allowed him to associate with the Philippine Coast Guard Auxiliary and to engage in sectors such as mining and resource extraction.

Right to remain silent

Sy was the chair of listed nickel mining firm Global Ferronickel Holdings Inc. prior to his arrest and to date remains a board member of the firm, albeit “on leave,” according to the company’s website.

He was under the custody of the BI since Aug. 21 after being arrested at Ninoy Aquino International Airport Terminal 3 in relation to a deportation case until the Court of Appeals (CA)ordered him freed on Sept. 23 as it affirmed a Taguig court’s release order that gave weight to his birth certificate and passport as proof of his Filipino citizenship.

Immigration Commissioner Joel Anthony Viado said his agency has since appealed this case.

Sy, who attended the panel hearing, invoked his right to remain silent when quizzed on birthplace.

Hontiveros noted that it could be invoked “only on a question-to-question basis, not blanket.”

Sy’s counsel, Alma Fernandez-Mallonga, stressed that even Hontiveros’ question regarding Sy’s birthplace is “extricably linked to issues that are connected to the present deportation case and to the court cases that are pending before the [CA].”

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Espionage claim

But Hontiveros said: “My question ‘where were you born’ is a simple matter of fact.”

Sen. Raffy Tulfo also raised concern after noting that, in his understanding, Chinese nationals are obliged by their law to “spy” in the country they are in.

“China has a law that all Chinese citizens, once they arrive in a country like the Philippines, are obliged to spy in the country they’re in,” Tulfo said.

An English translation of Article 7 of China’s National Intelligence Law states that: “All organizations and citizens shall support, assist, and cooperate with national intelligence efforts in accordance with the law.”

The country’s spy agency, for its part, said it is continuously monitoring the mining executive as a precautionary measure, National Intelligence Coordinating Agency Director Ferlu Silvio said during the hearing.

“Our agency continues to monitor Joseph Sy, in coordination with partner agencies within the bounds of the law,” Silvio said, adding that Sy’s case presents “potential national security considerations.” —WITH A REPORT FROM PNA

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