A dual citizen by birth is a natural born Filipino born in a foreign country allowing/accepting dual nationality/dual citizenship; thus all that person (or parent/s of the person) needs to do is report the birth.
WHAT IS REPUBLIC ACT 9225?
RA 9225, which took effect on 17 September 2003, declares that former natural-born Filipino citizens who acquired foreign citizenship through naturalisation 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.
HOW DOES ONE REACQUIRE PHILIPPINE CITIZENSHIP UNDER RA 9225?
Natural-born Filipinos who lost their Filipino citizenship through naturalization in a foreign country may re-acquire Philippine citizenship by taking the Philippine Oath of Allegiance before a duly authorized Philippine official. The Philippine Oath of Allegiance does not require a person to renounce his allegiance to any other country.
Downloadable forms:
REQUIREMENTS FOR APPLICATION (PRINCIPAL)
Former Filipinos may re-acquire Philippine citizenship through Republic Act 9225 (Citizenship Retention and Re-acquisition Act), which took effect on 17 September 2003. It declares that former natural-born Filipino citizens who acquired foreign citizenship through naturalization are deemed NOT to have lost their Philippine citizenship and can re-acquire such by taking the oath of allegiance to the Republic.
1. One (1) original and two (2) photocopies of the duly accomplished application form;
2. Three (3) colored 2x2 or passport-size photos of the applicant on white or royal blue background, taken within the last six (6) months;
3. Proof of natural citizenship (original must be presented and will be returned to the applicant):
a. For applicants born in the Philippines: Three (3) photocopies of Birth Certificate (BC) issued by the Philippine Statistics Authority (PSA);
b. For applicants born abroad: Three (3) photocopies of Report of Birth (ROB) issued by the Philippine Embassy or Consulate General having jurisdiction over the place where the applicant was born; or
c. If BC or ROB is not available, other documentary proof of the applicant being a former natural-born Filipino citizen (baptismal certificate AND marriage certificate of applicant’s parents);
4. Proof of naturalization: Two (2) photocopies of Certificate of Nationality or other proof of naturalization that indicates the date and place of naturalization, with sworn English translation, legalized by the Ministry of Justice and apostillized by the Ministry of Foreign Affairs of the issuing country (original must be presented);
5. Three (3) photocopies of foreign passport (data page) or residence/identity card;
6. Three (3) photocopies of old Philippine passports, if still intact, and
7. For married women applicants: Three (3) photocopies of PSA-issued Marriage Contract or English version of the Marriage Certificate if issued in another country and apostilled by the Ministry of Foreign Affairs or Embassy of the country of origin.
Application Fee: USD50.00 / Naira 20,750.00
REQUIREMENTS FOR APPLICATION OF DEPENDENTS (DERIVATIVE CITIZENSHIP)
For applicants with dependent minor children (below 18 years old):
a. Three (3) colored 2x2 or passport-size photos taken within the last six (6) months;
b. Three (3) photocopies each of the international version of BC apostillized by the Ministry of Foreign Affairs; and
c. Three (3) photocopies each of passport data page OR residence/identity card.
Application Fee of USD25.00 / Naira 10,375.00 per dependent
APPLICATION PROCEDURE
1) Applicant shall present a copy of his/her Birth Certificate issued or duly-authenticated by the National Statistics Office (NSO) in Manila.
2) 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.
3) 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).
4) Applicant pays a processing fee of USD50.00/Naira 20,750.00 and is assigned a schedule for his/her oath of allegiance before a consular officer. Applicant takes his/her oath.
5) Applicant is given the original copy of his notarized oath of allegiance together with an Order of Approval issued by the Philippine Embassy.
6) The Philippine Embassy forwards to the Bureau of Immigration in Manila the petition, oath, order of approval, and other supporting documents for issuance of an Identification Certificate.
7) The Bureau of Immigration issues an Identification Certificate (IC) and forwards it to the applicant through the Philippine Embassy.
Notes:
- Accomplish fully, sign, and photocopy application form. Incomplete information may delay the processing of application.
- Submit all requirements. All original documents will be returned as soon as verified by the processor. The Embassy retains all original English translations.
- If the documents are complete, the Embassy will schedule the taking of the Oath of Allegiance.
- Personal appearance is required.
- Passport application is processed and paid separately.
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."
PROCEDURE FOR GETTING A PHILIPPINE PASSPORT
Present these documents to the passport processor:
- Dual Citizenship Documents
- Old Philippine Passport or in case of loss, Affidavit of Loss
- Completed Passport Application Form and
- Birth Certificate from the National Statistics Office/Philippine Statistics Authority (5) Marriage Certificate from the National Statistics Office (NSO)/Philippine Statistics Authority (PSA) for females wishing to use their married surname for the first time.
FREQUENTLY ASKED QUESTIONS (FAQs)
WHO ARE NATURAL BORN FILIPINOS?
Those who are citizens of the Philippines from birth without having to perform any act to acquire or perfect their Philippine citizenship. These are persons:
- Born after January 17, 1973, whose fathers or mothers are citizens of the Philippines at the time of their birth;
- Born before January 17, 1973 to a: Filipino Father; or Filipino Mother and that person elects Philippine citizenship upon reaching the age of majority.
DOES THE LAW RA 9225 APPLY TO DUAL CITIZENS?
RA 9225 does not apply to dual citizens, or those who have both Philippine citizenship as well as foreign citizenship not acquired through naturalisation.
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 chld 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 ARE SOME OF THE BENEFITS OF REACQUIRING FILIPINO CITIZENSHIP?
Filipinos who have re-acquired their Filipino citizenship under this Act may once again enjoy full civil and political rights under existing laws of the Philippines. Examples of these rights are:
- Right to vote in Philippine national elections
- Right to own land and property in the Philippines
- Right to engage in business or profession as a Filipino
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.
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 Certicate 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.
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 naturalisation; (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 eighten (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 naturalisation 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 travelling with the Balikbayan when the Balikbayan goes home to 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 are as follows: Office of the Commisioner, Bureau of Immigration, Magallanes Drive, Intramuros, Manila, Philippines, or their website at www.immigration.gov.ph.
