The concept of citizenship in the Philippines is governed by the principle of jus sanguinis (right of blood). However, for many Filipinos who have migrated abroad and sought foreign naturalization, the legal status of their connection to their motherland becomes complex. Under the Citizenship Retention and Re-acquisition Act of 2003 (Republic Act No. 9225), the Philippine legal system provides a definitive mechanism for former natural-born Filipinos to regain their status without losing their foreign citizenship.
I. The Impact of Commonwealth Act No. 63
Prior to RA 9225, the governing law was Commonwealth Act No. 63. Under this statute, a Filipino citizen would automatically lose their Philippine citizenship upon the performance of certain acts, most notably:
- Naturalization in a foreign country.
- Express renunciation of citizenship.
- Subscribing to an oath of allegiance to support the constitution or laws of a foreign country.
For decades, this meant that Filipinos seeking better opportunities abroad were legally severed from their homeland the moment they took an oath of allegiance to another sovereign state.
II. Republic Act No. 9225: The "Dual Citizenship" Law
Enacted on August 29, 2003, RA 9225 effectively declared that natural-born citizens of the Philippines who become citizens of another country shall be deemed not to have lost their Philippine citizenship under the conditions of the Act.
1. Natural-Born Citizenship Requirement
The law applies exclusively to natural-born Filipinos. Under the 1987 Constitution, natural-born citizens are those who are citizens of the Philippines from birth without having to perform any act to acquire or perfect their Philippine citizenship.
2. The Legal Fiction of Non-Loss
RA 9225 creates a legal fiction:
- Retention: Those who become foreign citizens after the law took effect are deemed to have never lost their Philippine citizenship.
- Reacquisition: Those who lost their citizenship prior to the law's enactment can reacquire it by taking the Oath of Allegiance to the Republic of the Philippines.
III. Rights and Privileges of Reacquired Citizenship
Filipinos who reacquire their citizenship under RA 9225 enjoy full civil and political rights, subject to certain limitations defined by law.
- Property Ownership: They regain the right to own land in the Philippines without the area limitations imposed on foreign nationals.
- Travel and Residency: They can travel using a Philippine passport and reside in the country indefinitely without visa requirements.
- Practice of Profession: They may practice their profession in the Philippines, provided they obtain the necessary licenses from the Professional Regulation Commission (PRC) or the Supreme Court (for lawyers).
- Right to Vote: They may exercise the right of suffrage under the Overseas Absentee Voting Act.
IV. Limitations and Disqualifications
While the law is generous, it imposes strict conditions, particularly regarding public office.
| Category | Requirement/Restriction |
|---|---|
| Appointive Public Office | Must renounce foreign citizenship at the time of appointment. |
| Elective Public Office | Must publish an affidavit of renunciation of any and all foreign citizenship at the time of filing the Certificate of Candidacy. |
| Derivative Citizenship | Unmarried children below 18 years of age, whether legitimate, illegitimate, or adopted, of those who reacquire citizenship also become Philippine citizens. |
Note on the "Dual Allegiance" Conflict: Section 5, Article IV of the Constitution states that "Dual allegiance of citizens is inimical to the national interest and shall be dealt with by law." The Supreme Court has clarified that RA 9225 deals with dual citizenship (a status), while the Constitution prohibits dual allegiance (a conflict of loyalty, often manifested by those seeking public office).
V. The Renunciation Process (The "Second" Loss)
It is a common misconception that reacquiring Philippine citizenship is permanent regardless of future actions. A Filipino who has reacquired citizenship under RA 9225 can lose it again through:
- Express Renunciation: Filing a formal "Affidavit of Renunciation" before a Philippine consular officer or the Bureau of Immigration. This is often required by certain foreign governments for specific high-level security clearances or by the Philippines for those seeking elective office.
- Enlisting in the Armed Forces of a Foreign Country: Unless there is a specific treaty or agreement, this may be grounds for loss of Philippine citizenship under CA No. 63, which remains partially in effect where not inconsistent with RA 9225.
VI. Jurisprudence: Sobejana-Condon vs. COMELEC
The Philippine Supreme Court has consistently ruled that the act of reacquiring citizenship is not a "magic wand" that erases the requirement of singular allegiance for those who wish to serve in the Philippine government. In various cases, the Court has held that the failure to explicitly renounce foreign citizenship (distinct from just taking the Philippine oath) is fatal to a candidate's qualification for elective office.