Dual Citizenship:
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Frequently Asked Questions
1. 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.
2. 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.
3. 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. |
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. |
| b. |
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). |
| c. |
Jus
sanguinis (right of blood) is the legal principle
that, at birth, an individual acquires the
nationality of his/her natural parent/s. |
| d. |
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. |
| e. |
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.
|
|
1. 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.
2. What is the procedure in applying and what documents
are required in order to apply?
| |
| a. |
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) |
| b. |
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. |
| c. |
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). |
| d. |
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.
|
| e. |
Applicant
is given the original copy of his notarized oath of
allegiance together with an Order of Approval issued
by the Philippine Consulate General. |
| f. |
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. |
| g. |
The Bureau
of Immigration issues an Identification Certificate
(IC) and forwards it to the applicant through the
Philippine Consulate General. |
|
3. 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
4. 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.
5. 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.
6. 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."
7. 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.
8. 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.
9. 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.
10. 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.
11. 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.
12. 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:
| |
| a. |
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. |
| 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. |
|
13. 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.
14. 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.
15. 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.
16. 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.
17. 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.
18. 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 |