How to Reacquire Philippine Citizenship Under RA 9225 (Dual Citizenship Guide)

How to Reacquire Philippine Citizenship Under RA 9225: A Comprehensive Dual Citizenship Guide

Introduction

Republic Act No. 9225 (RA 9225), also known as the Citizenship Retention and Re-acquisition Act of 2003, is a landmark Philippine law that addresses the citizenship status of natural-born Filipinos who have acquired foreign citizenship. Enacted on August 29, 2003, this legislation recognizes the contributions of overseas Filipinos and aims to strengthen ties with the Philippine homeland by allowing them to retain or reacquire their Philippine citizenship without necessarily renouncing their foreign allegiance. This results in dual or multiple citizenship, which is permissible under Philippine law for those qualifying under RA 9225.

The law amends Commonwealth Act No. 63, which previously mandated the loss of Philippine citizenship upon naturalization in a foreign country. RA 9225 shifts this paradigm, acknowledging that loyalty to one's birth country can coexist with foreign citizenship. It is particularly relevant for the millions of Filipinos in the diaspora, including those in the United States, Canada, Australia, and Europe, who have naturalized abroad for practical reasons such as employment, education, or family reunification.

This guide provides a thorough overview of RA 9225, covering eligibility criteria, the step-by-step process, required documents, rights and obligations, potential limitations, and related legal considerations. It is based on the provisions of the law and its implementing rules, as administered by the Bureau of Immigration (BI) and Philippine diplomatic missions. Note that while this article is comprehensive, individuals should consult official sources or legal experts for personalized advice, as procedures may evolve through administrative issuances.

Eligibility Criteria

To qualify for citizenship retention or re-acquisition under RA 9225, applicants must meet specific requirements rooted in the Philippine Constitution and the law itself:

1. Natural-Born Filipino Status: The applicant must have been a natural-born citizen of the Philippines at the time of birth. Under Article IV, Section 2 of the 1987 Philippine Constitution, natural-born citizens are those who are citizens from birth without having to perform any act to acquire or perfect their Philippine citizenship. This typically includes individuals born to at least one Filipino parent, regardless of place of birth (jus sanguinis principle).

   • Those born before January 17, 1973 (the effectivity of the 1973 Constitution) to Filipino mothers and alien fathers may need to elect Philippine citizenship upon reaching majority age, but RA 9225 still applies if they qualify as natural-born.

   • Adopted children or those legitimated under Philippine law may also qualify if their natural-born status is established.

2. Loss of Philippine Citizenship Due to Foreign Naturalization: The law applies to those who lost their Philippine citizenship by becoming citizens of another country through naturalization. This loss must have occurred under Commonwealth Act No. 63 or similar prior laws.

   • Retention: For those who acquire foreign citizenship after August 29, 2003, they can retain Philippine citizenship by taking the oath before becoming a foreign citizen.

   • Re-acquisition: For those who naturalized abroad before the law's effectivity, they can reacquire Philippine citizenship post-facto.

3. No Disqualifications: Applicants must not be deemed a threat to national security or public order. The BI or consulate may deny applications if the individual has been convicted of crimes involving moral turpitude or disloyalty to the Philippines.

4. Derivative Beneficiaries: Unmarried children below 18 years of age (minor children) of the principal applicant can derive Philippine citizenship automatically upon the parent's oath-taking. This includes legitimate, illegitimate, or adopted children, provided they are unmarried and under 18 at the time of the parent's petition.

   • Married children or those 18 and above must file their own petitions.

   • If the child is abroad, the derivative application is processed with the parent's.

Importantly, RA 9225 does not apply to those who lost citizenship through other means, such as express renunciation (e.g., for running for public office abroad) or enemy allegiance during war, unless separately addressed by other laws like RA 8171 for repatriation of former Filipinos who took up arms against the government.

Step-by-Step Procedure

The process for reacquiring or retaining Philippine citizenship under RA 9225 is straightforward but requires adherence to bureaucratic steps. It can be initiated either in the Philippines or abroad.

If Applying Abroad (Via Philippine Embassy or Consulate):

1. Prepare Documents: Gather all required documents (detailed in the next section).

2. File the Petition: Submit a petition in the form of an oath of allegiance to the nearest Philippine Embassy or Consulate General. The petition must be under oath and include details of the applicant's birth, naturalization, and family.

3. Evaluation and Approval: The consular officer evaluates the application. If approved, the applicant takes the Oath of Allegiance before the officer.

4. Issuance of Documents: Upon oath-taking, the applicant receives an Identification Certificate (IC) as proof of reacquired citizenship. The consulate forwards the documents to the BI in Manila for registration.

5. Derivative Inclusion: If including minor children, their details are added to the petition, and they receive derivative ICs.

If Applying in the Philippines (Via Bureau of Immigration):

1. Prepare Documents: Same as above.

2. File the Petition: Submit to the BI's main office in Manila or designated satellite offices. The petition is filed with the Legal Division or Alien Registration Division.

3. Evaluation and Oath-Taking: After review, if approved, the applicant takes the oath before a BI Commissioner or authorized officer.

4. Issuance: Receive the Order of Approval and IC.

The entire process typically takes 1-3 months, depending on the volume of applications and completeness of documents. Fees are paid upon filing.

For retention (pre-naturalization), the oath must be taken before acquiring foreign citizenship, and the applicant must inform the consulate or BI immediately after foreign naturalization.

Required Documents and Fees

Applicants must submit original and photocopies of documents. Requirements may vary slightly by office, but generally include:

• Completed Petition Form: Available from the BI website or consulates (e.g., BI Form No. RAD-501 for re-acquisition).

• Birth Certificate: Issued by the Philippine Statistics Authority (PSA) or local civil registrar, proving natural-born status.

• Proof of Former Philippine Citizenship: Old Philippine passport, voter's ID, or other documents.

• Foreign Naturalization Certificate: Or passport showing foreign citizenship.

• Marriage Certificate: If applicable, especially for name changes.

• Affidavit of Explanation: For any discrepancies in documents.

• Photos: Three 2x2 colored photos with white background.

• For Derivatives: Birth certificates of minor children, and proof of relationship.

Fees (as of known standard rates; subject to change):

• Principal applicant: PHP 3,000 (or equivalent in foreign currency abroad).

• Each derivative minor: PHP 1,200.

Additional costs may include notarization, mailing, or express processing.

Rights, Benefits, and Obligations

Upon reacquiring Philippine citizenship, individuals enjoy full civil and political rights, subject to certain conditions:

1. Dual Citizenship Privileges:

   • Hold dual passports and travel freely.
   • Own land and property in the Philippines without restrictions under the 1987 Constitution (which limits foreign ownership).
   • Engage in professions reserved for Filipinos (e.g., law, medicine).
   • Access Philippine education and healthcare systems as citizens.

2. Political Rights:

   • Vote in Philippine elections after registering with the Commission on Elections (COMELEC) and obtaining a voter's ID.
   • Run for public office, but must make a personal and sworn renunciation of foreign allegiance upon filing candidacy (as per Section 5 of RA 9225). This renunciation is effective only for the purpose of holding office and does not revoke foreign citizenship unless required by the foreign country.

3. Obligations:

   • Comply with Philippine laws, including tax obligations (e.g., under the Tax Reform for Acceleration and Inclusion Act).
   • Military service is not required, as the Philippines has no compulsory conscription.
   • Maintain allegiance; acts of disloyalty (e.g., serving in a foreign military against Philippine interests) may lead to citizenship revocation.

4. Tax and Financial Implications:

   • As dual citizens, they may be subject to taxation in both countries, but the Philippines taxes based on residency, not citizenship. Double taxation treaties (e.g., with the US) mitigate this.

Limitations and Considerations

• No Automatic Passport Issuance: Reacquired citizens must apply separately for a Philippine passport at the Department of Foreign Affairs (DFA) or consulates.

• Renunciation for Public Office: As noted, running for or appointing to public office requires renouncing foreign oaths, but this is revocable if the individual loses or resigns.

• Conflict with Foreign Laws: Some countries (e.g., Japan, India) do not recognize dual citizenship and may require renunciation of Philippine citizenship. Applicants should check foreign laws.

• Revocation Risks: Citizenship can be revoked if obtained through fraud, or if the individual commits acts prejudicial to national interests.

• Interaction with Other Laws: RA 9225 complements but does not replace other citizenship laws like RA 8171 (repatriation for former rebels) or the Philippine Dual Citizenship provisions for those born abroad.

• COVID-19 and Procedural Changes: During pandemics or emergencies, online filing or virtual oath-taking may be allowed, as implemented temporarily by the BI.

Frequently Asked Questions

1. Can I reacquire citizenship if I was born in the Philippines but naturalized abroad as a child? Yes, if you were natural-born and lost citizenship through your parents' actions.

2. Does RA 9225 apply to Filipinos who became US citizens via birth (jus soli)? No, because they were not natural-born Filipinos who lost citizenship; they may need to affirm or elect under other provisions.

3. What if my documents are lost? Secure authenticated replacements from PSA or relevant authorities.

4. Can I include adult children? No, only unmarried minors; adults file independently.

5. How long is the IC valid? It is a lifetime proof unless revoked.

Conclusion

RA 9225 represents a progressive step in Philippine citizenship law, fostering inclusivity for the global Filipino community. By enabling dual citizenship, it allows individuals to maintain cultural, economic, and familial ties without sacrificing opportunities abroad. However, the process demands careful documentation and understanding of both Philippine and foreign legal frameworks. For the latest forms, fees, or updates, visit the BI website (immigration.gov.ph) or contact a Philippine consulate. Legal consultation is recommended to navigate complex cases, ensuring a smooth reacquisition journey.