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FAQs for Philippine Citizenship Retention and Re-acquisition (as of July 2010)
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.
4. 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.
1. 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 sanguinis principle, is also entitled to apply
for a US passport.
2. 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).
4. 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.
5. 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.
A former natural-born citizen, who was born in the Philippines, shall submit the
NSO and DFA-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.
6. What is the procedure in applying and what documents are required in order
to apply?
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.
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.
The Oath of Allegiance is the final act that confers Philippine citizenship. It reads
as follows:
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.
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?
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.
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.
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:
b. 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.
c. 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.
d. 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 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.
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?
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