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December 30, 2011

In 2003, the Philippine government passed a law which grants natural born citizens who lost their citizenship through naturalization in a foreign country the opportunity to re-acquire their Philippine citizenship. Getting dual citizenship under this program offers numerous advantages to both the Filipino and his/her entire family.

What is the Citizenship Retention and Re-Acquisition Act of 2003?

Republic Act No. 9225 or the Citizenship Retention and Re-acquisition Act of 2003 is a law passed on 29 August 2003 which grants natural-born Filipinos who have lost their Filipino citizenship through naturalization in a foreign country, the opportunity to retain or re-acquire their Filipino citizenship.

Who are natural-born citizens of the Philippines?

Natural born citizens of the Philippines are those who are citizens of the Philippines from birth without having to perform any act to acquire or perfect their Philippine citizenship. These are:

• Those whose fathers or mothers are citizens of the Philippines at the time of their birth, and
• Those born before 17 January 1973, of Filipino mothers, who elect Philippine citizenship upon reaching the age of majority.

Is it possible for Filipinos to hold dual citizenship or more than one citizenship at the same time?

Before the passage of R.A. 9225, dual citizenship of some Filipinos already existed as a result of the operation of nationality laws. For example, a child born in the U.S.A. of Filipino parents is an American citizen under the U.S. law, and a Filipino citizen under Philippine law. The child's American citizenship is derived from the principle of jus soli or place of birth, while his Philippine citizenship is derived from the principle of jus sanguinis or citizenship of his parents.

The passage of R.A. 9225 makes it possible for Filipinos to hold dual citizenship through means other than by birth.

With the passage of R.a. 9225, what happens to a natural-born Filipino who becomes naturalized in another country?

A natural born Filipino who becomes a naturalized citizen of another country is deemed not to have lost his/her Philippine citizenship under the provisions of the said law.

Does one who re-acquires Filipino citizenship need to reside in the Philippines?

Residency in the Philippines is not a requirement for those who re-acquire Filipino citizenship.

What rights and privileges is one entitled to on re-acquiring Filipino citizenship?

• Right to own real property in the Philippines
• Right to engage in business or commerce as a Filipino
• Right to practice one's profession in accordance with law
• Right to travel with a Philippine passport
• Right to vote in Philippine elections under existing laws
• Other rights and privileges enjoyed by Filipino citizens

Can one who re-acquires Filipino citizenship vote in elections in the Philippines?

A person who re-acquires Filipino citizenship may vote in elections in the Philippines provided that he/she complies with the residency requirement under existing Philippine elections. The person may, however, vote overseas in Philippine national elections (for President, Vice President, Senators and sectoral representatives). Senators and sectoral representatives in accordance with the provisions of the Overseas Absentee Voting Act of 2003.

Having re-acquired Filipino citizenship, can one hold public office in the Philippines?

YES, provided that those seeking elective office meet the qualifications as required by the Philippine 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 a public officer authorized to administer an oath.

Those appointed to a public office shall make a sworn renunciation of the oath of allegiance to the country where they took their oath.

What is the effect of dual citizenship on the payment of income taxes?

Republic Act 8424 provides that only incomes derived from the Philippines are subject to taxation by the Philippine Government.

After re-acquiring Filipino citizenship, can one practice his/her profession in the Philippines?

A person who has re-acquired Filipino citizenship may be able to practice his/her profession in the Philippines provided he/she applies with the Professional Regulation Commission (or the Supreme Court for lawyers) for a license or permit to engage in such practice.

As a Filipino citizen, can one's spouse who is a foreigner live in the Philippines?

An immigrant visa may be issued to a Filipino citizen's spouse that entitles him/her to permanently reside in the Philippines. The validity of the visa is contingent upon the Filipino citizenship of the spouse.

If a Filipino citizen chooses to travel to the Philippines with his/her spouse and children, do the spouse and children need to secure additional travel documents from the Philippine Embassy or Consulate beforehand?

Under Republic Act 6768 known as the Balikbayan law, a Filipino citizen's foreign spouse and children traveling with him/her to the Philippines do not need to secure other travel documents because they are entitled to a visa-free entry to the Philippines for a period of one (1) year, among other privileges.

What is the citizenship status of one's children after re-acquiring Filipino citizenship?

If his/her children are unmarried below 18 years of age upon re-acquisition of Filipino citizenship, his/her children are also recognized as Filipino citizens under Philippine laws.

What are required in applying for retention or re-acquisition of Filipino citizenship?

• Copy of Philippine passport (expired or valid);
• or Birth Certificate issued by the Philippine National Statistics Office (NSO);
• or Original copy of the Report of Birth issued by the Philippine embassy or consulate;
• or Birth Certificate issued by the foreign authorities
• Marriage Certificate (for married female applicant)
• Recent Photograph
• Foreign Identification or Passport
• Duly-accomplished application form
• Payment of prescribed fees
• Administration of oath of allegiance in the Philippine Embassy or Consulate before an authorized official
• Reporting to the Philippine Bureau of Immigration for the issuance of the Identification Certificate (IC)

Applications can be made in the Philippines, Philippine Embassies, and Philippine Consulates.

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