The Citizenship Retention and Reacquisition Act of 2003, commonly known as Republic Act No. 9225, revolutionized Philippine nationality law. While primarily designed for natural-born Filipinos who lost their citizenship by naturalizing in another country, its application extends significantly to their children.
For foreign-born children, navigating RA 9225 requires distinguishing between those who were minors at the time of their parent's reacquisition and those born after the parent regained Filipino status.
1. The Derivative Citizenship Clause
Under Section 4 of RA 9225, the "derivative citizenship" rule applies. This allows the unmarried child, whether legitimate, illegitimate, or adopted, below eighteen (18) years of age, of those who reacquire Philippine citizenship under the Act to be deemed citizens of the Philippines.
- Automatic Qualification: If the parent undergoes the process of reacquiring their Philippine citizenship, their minor children are included in the petition.
- The "Deemed" Status: These children do not need to perform a separate act of naturalization. They are "deemed" Philippine citizens by virtue of their parent's action.
2. Requirements for Foreign-Born Minor Children
To formalize the Philippine citizenship of a foreign-born child under the derivative clause, the following documentation is typically required by the Bureau of Immigration (BI) or Philippine Consulates:
| Document | Purpose |
|---|---|
| Birth Certificate | Must be an official version (Report of Birth) showing the parent-child relationship. |
| Parent’s Oath of Allegiance | Proof that the parent successfully reacquired citizenship under RA 9225. |
| Identification Certificate (IC) | The formal document issued to the child as proof of Philippine citizenship. |
| Applicable Fees | Processing fees for the petition and issuance of certificates. |
3. Children Born After Parent Reacquires Citizenship
There is a legal distinction for children born after the parent has already taken the Oath of Allegiance and completed the RA 9225 process:
- Natural-Born Status: Since the parent is legally a Filipino citizen at the time of the child's birth, the child is considered a natural-born Filipino citizen under the 1987 Constitution (jus sanguinis).
- Administrative Step: These children do not fall under RA 9225's derivative clause; instead, their birth should be documented via a Report of Birth at the nearest Philippine foreign service post.
4. The "Election" vs. "Derivative" Distinction
It is vital to distinguish this from the "Election of Philippine Citizenship" under the 1935 Constitution. RA 9225 is specifically for those who lost citizenship and are getting it back.
Note: Children who were already 18 years or older at the time the parent reacquired Philippine citizenship under RA 9225 cannot benefit from derivative citizenship. They must seek other legal avenues (such as administrative or judicial naturalization) if they wish to become Filipino citizens.
5. Rights and Privileges
Foreign-born children who become dual citizens under RA 9225 enjoy the full suite of rights available to Filipinos, including:
- The right to travel with a Philippine Passport.
- The right to own land and real property in the Philippines without the 40% foreign equity restriction.
- The right to engage in business or practice certain professions (subject to local licensing requirements).
- The right to stay in the Philippines indefinitely without visa extensions.
Legal Nuances to Consider
While RA 9225 allows for dual citizenship, the "other" country (the child's country of birth) may have its own rules. For example, some countries may require an individual to choose one nationality upon reaching the age of majority. However, from the Philippine legal perspective, once the derivative citizenship is recognized, it remains valid unless formally renounced.
Would you like me to draft a checklist of the specific forms and fees required by the Bureau of Immigration for a Petition for Recognition?