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Frequently Asked Questions
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Dual
Citizenship:
With President Arroyo's signing
of the Dual Citizenship bill, Citizenship
Retention and Re-acquisition Act of 2003
(Republic Act No. 9225), Filipinos
the world over can once again re-acquire
their Philippine citizenship.
Check out the Implementing
Rules and Regulations for R.A. 9225
Download Application
Form for Citizenship Retention and Re-Acquisition
(under R.A 9225) | Checklist
of Requirements | Oath
of Allegiance
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Frequently Asked Questions
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- What is Republic Act No. 9225?
Republic Act No. 9225 is an Act
making the citizenship of Filipinos
who acquire foreign citizenship
permanent, amending for the purpose
Commonwealth Act No. 63.
RA 9225, which took effect on
17 September 2003, declares that
former natural-born Filipino citizens
who acquired foreign citizenship
through naturalization are deemed
not to have lost their Philippine
citizenship under conditions provided
in the Act.
There former Filipinos can re-acquire/retain
their Philippine citizenship by
taking the oath of allegiance to
the Republic of the Philippines.
- Who is a natural-born Filipino
citizen?
Under the Philippine Constitution,
a natural-born citizen is a person
born of one or both parents who
are Filipino citizens at the time
of birth.
- Does the law RA 9225 apply to
dual citizens?
RA 9225 does not apply to dual
citizens, i.e., those who have
both Philippine citizenship as
well as foreign citizenship not
acquired through naturalization.
-
A child born of parents who
are both Filipino citizens
(at the time of birth) in a
country that adheres to the
jus soli principle (e.g., the
United States) is a dual citizen.
The child, who is a natural-born
Filipino because the Philippines
adheres to the jus sanginis
principle, is also entitled
to apply for a US passport.
-
Jus soli (right of soil) is
the legal principle that a
person's nationality at birth
is determined by the place
of birth (i.e., the territory
of a given state).
-
Jus sanguinis (right of blood)
is the legal principle that,
at birth, an individual acquires
the nationality of his/her
natural parent/s.
-
A child born of one parent
who is a Filipino citizen (at
the time of birth) and of one
foreign parent (e.g., Australian)
whose country adheres to the
jus sanguinis principle is
a dual citizen and is entitled
to apply for both Philippine
and Australian passports.
-
A child born of one parent
who is a Filipino citizen (at
the time of birth) and of one
foreign parent (e.g, Australian)
whose country adheres to the
jus sanguinis principle in
a country that adheres to the
jus soli principle (e.g., US)
would be entitled to apply
for Philippine, Australian
and US passports.
- How do I prove that I am a natural-born
Filipino?
A former natural-born citizen,
who was born in the Philippines,
shall submit the NSO-authenticated
copy of his or her birth certificate.
A former natural-born citizen, who
was born abroad, shall present a
copy of the Report of Birth issued
by the Philippine Embassy or Consulate
and, in applicable cases, the original
copy of the Birth Certificate by
competent foreign authorities.
- What is the procedure in applying
and what documents are required in
order to apply?
-
Applicant shall present a
copy of his/her Birth Certificate
issued or duly-authenticated
by the National Statistics
Office (NSO) in Manila.
(Note: Applicants can request
for an authenticated birth certificate
from the National Statistics
Office on-line through the following
website: www.ecensus.com.ph)
In case of no records found,
applicant must present a Certificate
of Non-Availability of Birth
Record from the NSO and other
secondary documentary proof of
being a former natural-born Filipino
citizen (e.g. old Philippine
passport, baptismal certificate,
marriage certificate of applicant’s
parents)
- Applicant accomplishes form
entitled “Petition for Dual
Citizenship and Issuance of Identification
Certificate (IC) pursuant to RA
9225” and attaches three
(3) 2”x2” photographs
showing the front, left side and
right side views of the applicant.
- Applicant submits duly-accomplished
petition to the Philippine Consulate
/ Embassy together with the photos,
birth certificate and a valid
ID.
(Note: Applicants who are married
and who wish to use their married
names must submit a copy of
their marriage certificate).
- Applicant pays a processing
fee of US$ 50.00 and is assigned
a schedule for his/her oath of
allegiance before a consular officer.
Applicant takes his/her oath.
- Applicant is given the original
copy of his notarized oath of
allegiance together with an Order
of Approval issued by the Philippine
Consulate General.
- The Philippine Consulate General
forwards to the Bureau of Immigration
in Manila the petition, oath,
order of approval, and other supporting
documents for issuance of an Identification
Certificate.
- The Bureau of Immigration issues
an Identification Certificate
(IC) and forwards it to the applicant
through the Philippine Consulate
General.
- What is the implementing agency
of RA 9225?
Administrative Order No. 91, Section
1 designates the Bureau of Immigration
(BI), in consultation with the Department
of Foreign Affairs (DFA), Department
of Justice (DOJ), Office of the Civil
Registrar-General of the National
Statistics Office (NSO), as the implementing
agency of RA 9225
- Where do I apply for re-acquisition
of Philippine Citizenship if I am
in the Philippines?
A former natural-born Filipino
citizen who is already in the Philippines
and registered in the Bureau of
Immigration shall file a petition
under oath to the Commissioner
of Immigration for the cancellation
of the Alien Certificate of Registration
(ACR) and issuance of an Identification
Certificate (IC) as the case may
be, under RA 9225.
A former natural-born citizen who
is already in the Philippines but
has not registered with the BI
within 60 days from date of arrival
shall file a petition under oath
to the Commissioner of Immigration
for the issuance of an IC under
RA 9225.
- Where do I apply for re-acquisition
of Philippine Citizenship if I am
overseas?
A former natural-born citizen
who is abroad but is a BI-registered
alien shall file a petition under
oath to the nearest Philippine
Embassy or Consulate for evaluation.
Thereafter, the Embassy or Consulate
shall forward the entire records
to the Commissioner of Immigration
for the cancellation of the ACR
and issuance of an IC under RA
9225.
A former natural-born citizen
who is abroad and is not a BI-registered
alien shall file a petition under
oath to the nearest Philippine
Embassy or Consulate for the issuance
of an IC under RA 9225.
- What is the Oath of Allegiance?
The Oath of Allegiance is the final
act that confers Philippine citizenship.
It reads as follows:
"I,________________, solemnly swear
that I will support and defend the
Constitution of the Republic of the
Philippines and obey the laws and
local orders promulgated by the duly
constituted authorities of the Philippines,
and I hereby declare that I recognise
and accept the supreme authority of
the Philippines and will maintain
true faith and allegiance thereto,
and that I impose this obligation
upon myself voluntarily without mental
reservation or purpose of evasion."
- Can the conferment of Philippine
citizenship be revoked?
The conferment of Philippine citizenship
under the IRR shall no longer be
subject to the affirmation by the
Secretary of Justice. However,
Philippine citizenship may be revoked
by competent authority upon a substantive
finding of fraud, misrepresentation
or concealment on the part of the
applicant.
- Can my foreign spouse also become
a Filipino citizen under RA 9225?
No, the law does not apply to
the foreign spouse. He/she has
the following option if he/she
wishes to reside permanently in
the Philippines: (a) apply for
naturalization; (b) apply for a
permanent resident visa.
- Can my children (minor or aged
18 years old or over) also acquire
Philippine citizenship under RA 9225?
According to Section 4 of RA 9225
(Derivative Citizenship), the unmarried
child, whether legitimate, illegitimate
or adopted, below eighteen (18)
years of age, of those who re-acquire
Philippine citizenship under this
Act shall be deemed citizens of
the Philippines.
A married child, although a minor,
cannot therefore be included in the
petition of his/her parent.
Children 18 years old and over
do not qualify to acquire Philippine
citizenship under RA 9225. They
have the same options that are
open to the foreign spouse.
- What is the procedure for derivative
acquisition of Philippine citizenship?
The petition under oath has the
option to list the names and details
of any minor, unmarried children.
The applicant should include a
copy of the Report of Birth and
the original copy of Record of
Birth for each minor child.
The Embassy will clarify from Bureau
of Immigration the exact procedure
in case of the minor children and
whether the BI will issue to them
a Certificate of Identification.
- After I have re-acquired Philippine
citizenship, can I apply for a Philippine
passport?
Yes, and so can the minor children
who are deemed to have acquired
Philippine citizenship under RA
9225. You would need to comply
with the requirements for first-time
passport applicants.
- What rights and privileges will
dual citizens enjoy?
Those who retain or reacquire
their Philippine Citizenship under
RA 9225 shall enjoy full civil
and political rights and be subject
to all attendant liabilities and
responsibilities under existing
laws of the Philippines and the
following conditions:
- Those intending to exercise
their right of suffrage must
meet the requirements under Section
1, Article V of the Constitution,
Republic Act No. 9189, otherwise
known as “The Overseas
Absentee Voting Act 0f 2003” and
other existing laws.
- Under the Act, the right to
vote or be elected or appointed
to any public office in the
Philippines cannot be exercised
by, or extended to, those who
are candidates for or are occupying
any public office in the country
of which they are naturalized
citizens and/or those who are
in active service as commissioned
or non-commissioned officers
in the armed forces of the
country which they are naturalized
citizens.
- Those seeking elective public
office in the Philippines shall
meet the qualifications for
holding such public office
as required by the Constitution
and existing laws and, at the
time of filing of the certificate
of candidacy, make a personal
and sworn renunciation of any
and all foreign citizenship
before any public officer authorized
to administer an oath.
- Those appointed to any public
office shall subscribe and
swear to an oath of allegiance
to the Republic of the Philippines
and its duly constituted authorities
prior to their assumption of
office; provided, that they
renounce their oath of allegiance
to the country where they took
that oath.
- Can I now acquire land and other
properties or engage in business?
As provided for under the 1987
Philippine Constitution, a Filipino
citizen is entitled to purchase
land and other properties and engage
in business. There is no limit
in terms of area or size of land
or real property he/she could acquire/purchase
under his/her name. This right
would now apply to former natural-born
Filipinos who have re-acquired
Philippine citizenship under RA
9225.
- Can I now reside in the Philippines
without having to apply for entry
visa?
Former natural born Filipinos
who have re-acquired Philippine
citizenship may now reside in the
Philippines continuously without
having to apply for entry visa.
If the foreign spouse and/or child
wish to also reside permanently
in the Philippines, they may opt
to apply for naturalization as
a Filipino citizen or apply for
a permanent resident visa.
If he/she does not wish to reside
permanent in the Philippines, he/she
could visit the country as a Balikbayan
(refers to a Filipino citizen who
is out of the country continuously
for at least one year). The foreign
spouse or child may enter the country
and stay for up to a year visa-free
provided the spouse or child is
accompanying or traveling with
the Balikbayan when the Balikbayan
goes home to the Philippines.
- As a dual citizen, how long
can I stay in the Philippines?
Having reacquired your citizenship,
you can stay in the Philippines
for as long as you want without
having to pay an immigration fees.
You can even choose to retire or
permanently settle back in the
Philippines. As a Filipino citizen,
you are subject to duties and other
obligations imposed on other ordinary
Filipinos, such as paying the necessary
community tax residence and other
tax liabilities in accordance with
the tax laws of the Philippines.
- Will I now be required to pay
income tax and other taxes? Am I exempt
from paying the travel tax?
In accordance with existing laws,
income earned in the Philippines
is subject to the payment of tax.
Filipinos who re-acquire citizenship
and opt to reside and work in the
Philippines will pay the income
tax due at the end of each fiscal
year. They are also subject to
other obligations and liabilities,
such as the community tax and residence
tax.
Countries routinely forge bilateral
agreements in order that their
respective citizens who earn income
overseas do not pay income tax
twice.
Filipinos who have re-acquired
citizenship, as long as they reside
permanently overseas, also enjoy
the travel tax exemption extended
to Filipino citizens permanently
residing in other countries, the
OFWs and their dependents.
- As a dual citizen, am I allowed
to practice my profession in the Philippines
(e.g. doctor) ?
Under the law, those intending
to practice their profession in
the Philippines shall apply with
the proper authority for a license
or permit to engage in such practice.
- If I need to get more details
on the rules and procedures for the
implementation of RA 9225, which government
office do I contact in the Philippines?
Under Administrative Order No.
92 Series of 2004 dated 12 January
2004, the Bureau of Immigration
has been designated as the government
agency in charge of formulating
the rules and procedures for the
implementation of Republic Act
No. 9225. The contact details of
Immigration Commissioner Alipio
F. Fernandez are as follows: Office
of the Commissioner, Bureau of
Immigration, Magallanes Drive,
Intramuros, Manila, Philippines.
Tel. No. (63) 2 527-3265 / Fax
No. (63-2) 527-3279
Click
here for more FAQs regarding Dual Citizenship
Click here
to download R.A. 9225.
Click here
to download R.A. 9225 IRR.
For your info:
ACR - Alien Certificate of Registration
http://immigration.gov.ph/
CI- Identification Certificate
BI - Bureau of Immigration http://www.immigration.gov.ph
DOJ - Department of Justice http://www.doj.gov.ph
NSO - National Statistics Office http://www.census.gov.ph
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