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(NAR) VOL. 9 NO. 4 / OCTOBER - DECEMBER 1998

[ OP EXECUTIVE ORDER NO. 482, May 07, 1998 ]

AMENDING EXECUTIVE ORDER NO. 460 BY DELETING SOME PORTIONS FROM THE TITLE AND FROM SECTIONS 1 AND 4 THEREOF, AND BY ADDING ONE MORE SECTION THERETO



WHEREAS, on December 3, 1997, Executive Order No. 460 was issued, reactivating the jurisdiction and authority of the Special Committee on Naturalization to receive, consider, evaluate and approve pending petitions for naturalization of deserving aliens and to recommend action thereon to the President of the Philippines;

WHEREAS, on May 17, 1978, then President Ferdinand E. Marcos, exercising legislative powers, issued Presidential Decree No. 1379 granting authority to the Special Committee on Naturalization to approve remaining applications for naturalizations;

WHEREAS, the delegation of legislative power which the President was exercising at that time may not be withdrawn by Executive Order No. 460, inasmuch as legislative power is now exercised by Congress and not by the President. Thus, the President may not be empowered under Executive Order No. 460 to grant citizenship by decree; and it is necessary that the delegation made to the Committee under P.D. 1379 be maintained;

WHEREAS, under P.D. 1379, the only power left to the Committee is to evaluate and consider pending applications; and since an Executive Order cannot amend a law, E.O. No. 460 cannot authorize the receipt of new applications;

NOW, THEREFORE, I, FIDEL V. RAMOS, President of the Republic of the Philippines, by virtue of the powers vested in me by the Constitution, do hereby order:

SECTION 1.       That the title of Executive Order No. 460 shall be amended to read as follows:
"Reactivating The Jurisdiction and Authority of the Special Committee on Naturalization to Consider, Evaluate and Approve Pending Petitions for Naturalization of Deserving Aliens."
SECTION 2.       That Section 1 of Executive Order No. 460 shall be amended to read as follows:
"Section 1.    The Special Committee on Naturalization is hereby reactivated with jurisdiction and authority to consider, evaluate, and approve PENDING petitions for naturalization of deserving aliens, as provided under Presidential Decree No. 1379."
SECTION 3.       That Section 4 of Executive Order No. 460 shall be amended to read as follows:
"Section 4.    The funds necessary for payment of honoraria, allowances and other expenses in connection with the implementation of this Executive Order may be deducted from the fees collected by the Committee."
SECTION 4.       That Section 5 of Executive Order No. 460 shall read as follows:
"Section 5.    All executive orders, administrative orders, memoranda, rules and regulations, or parts thereof that are in conflict with this Executive Order are hereby repealed or modified accordingly."
SECTION 5.       This Executive Order shall take effect immediately.

Adopted: 07 May 1998

BY THE PRESIDENT:

(SGD.) ALEXANDER P. AGUIRRE
Executive Secretary



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