The Citizenship Retention and Re-acquisition Act of 2003, popularly known as Republic Act No. 9225, is the landmark legislation that allows natural-born Filipinos who have lost their Philippine citizenship through naturalization in a foreign country to regain it.
Under this law, they are deemed not to have lost their Philippine citizenship under the conditions set forth in the Act, effectively allowing for Dual Citizenship.
1. Who is Eligible?
To qualify under RA 9225, an applicant must be a natural-born citizen of the Philippines who lost their citizenship by reason of their naturalization as a citizen of a foreign country.
- Natural-born citizens: Those who are citizens of the Philippines from birth without having to perform any act to acquire or perfect their Philippine citizenship.
- Derivative Citizenship: The unmarried child, whether legitimate, illegitimate, or adopted, below eighteen (18) years of age, of those who re-acquire Philippine citizenship shall be deemed citizens of the Philippines.
2. The Application Process
The process varies slightly depending on whether the applicant is currently in the Philippines or abroad.
A. For those Abroad
Applications are filed at the Philippine Embassy or Consulate that has jurisdiction over the applicant's residence.
- Submission of Documents: Submit the required forms and supporting documents (see below).
- Payment of Fees: Pay the processing fees (usually around $50 USD, though this may vary by consulate).
- Oath of Allegiance: Once the application is approved, the applicant must personally appear to take the Oath of Allegiance to the Republic of the Philippines.
B. For those in the Philippines
Applications are filed at the Bureau of Immigration (BI).
- Petition Filing: File a "Petition for Retention/Re-acquisition of Philippine Citizenship."
- Evaluation: The BI legal department reviews the sufficiency of the documents.
- Oath Taking: Upon approval, the Bureau will schedule the taking of the Oath of Allegiance.
- Issuance of Identification: The BI will issue an Identification Certificate (IC).
3. Documentary Requirements
While specific consulates may require additional local clearances, the standard requirements include:
- Duly accomplished Application Form.
- Birth Certificate: Issued by the Philippine Statistics Authority (PSA).
- Foreign Passport: Original and photocopies.
- Naturalization Certificate: To prove the loss of Philippine citizenship.
- Recent Photographs: Usually 2x2, colored with a white background.
- Marriage Certificate (if applicable): For women who changed their surnames due to marriage.
- Proof of Child’s Relationship: For derivative citizenship (Birth Certificates of children).
4. Rights and Privileges
Once you have retained or re-acquired your Philippine citizenship, you enjoy the full civil and political rights of a Filipino, including:
- Travel: Right to travel with a Philippine Passport.
- Property: Right to own real property (land) in the Philippines without the restrictions imposed on foreigners.
- Business: Right to engage in business and practice professions (subject to licensure requirements).
- Suffrage: Right to vote in Philippine national and local elections (under the Overseas Voting Act).
5. Important Legal Nuances
Public Office and Practice of Profession
If you intend to run for public office or practice a regulated profession in the Philippines, RA 9225 imposes additional requirements:
- Running for Office: You must renounce your foreign citizenship at the time of filing your Certificate of Candidacy.
- Professional Practice: You must apply for a license or permit from the Professional Regulation Commission (PRC) or the Supreme Court (for lawyers).
Tax Implications
Under current Philippine law, Filipinos living abroad are only taxed on income derived from sources within the Philippines. Income earned in a foreign country is generally not taxed by the Philippine government, though you should consult with a tax professional regarding the laws of your other country of citizenship.
The "Oath" Requirement
The most critical step is the Oath of Allegiance. Citizenship is not automatically restored by the mere existence of RA 9225; the legal status only changes once the oath is formally administered and registered.
Note: RA 9225 does not require you to renounce your foreign citizenship unless you are seeking public office or specific government appointments. However, you should check if the country of your other citizenship allows for dual status, as some nations may automatically revoke your citizenship if you take an oath of allegiance to another state.
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