Retention vs Reacquisition and the Effects on Children (Philippine Legal Article)

1) What RA 9225 is and why it exists

Republic Act No. 9225 (the Citizenship Retention and Re-acquisition Act of 2003) is the Philippines’ main statute allowing certain Filipinos who became citizens of another country to keep or get back Philippine citizenship without having to give up their foreign citizenship (except in specific situations discussed below).

It is rooted in the 1987 Constitution’s policies on:

Citizenship by blood (jus sanguinis), and
The principle that “dual allegiance” is inimical to the national interest and may be addressed by law—while recognizing that dual citizenship can occur because of different countries’ citizenship rules.

RA 9225 is designed to make it legally and administratively workable for natural-born Filipinos abroad to rejoin the Philippine polity fully.

2) The constitutional baseline: who is a “natural-born” Filipino?

RA 9225 is not for everyone. It primarily benefits natural-born citizens.

Under the Constitution, natural-born citizens are those who are Filipino from birth, without having to perform any act to acquire or perfect Philippine citizenship.

In practice, you typically prove “natural-born” status with documents like:

Philippine birth certificate,
Philippine passport (old/expired is often useful),
Philippine government records reflecting Philippine citizenship, and/or
Parents’ Filipino citizenship documents (especially for those born abroad).

Key point: RA 9225 is aimed at Filipinos who were already Filipino at birth, then later became foreign citizens—usually through naturalization abroad.

3) “Retention” vs “Reacquisition”: what’s the difference?

RA 9225 uses both terms. In real-world usage they can sound like two separate systems, but legally they are best understood as two descriptions of the same legal mechanism, depending on timing and status:

A. “Retention”

Often used when:

A person is a natural-born Filipino, and
They are about to become a foreign citizen, or
They became a foreign citizen but conceptually want to “retain” ties and status.

Practically, however, once a Filipino naturalizes as a foreign citizen, Philippine citizenship is generally considered lost under Philippine law, unless restored/recognized by a law like RA 9225. So “retention” is more of a policy label: RA 9225 allows a natural-born Filipino who became a foreign citizen to continue being treated as a Filipino again after complying with RA 9225.

B. “Reacquisition”

Commonly used when:

A person already became a foreign citizen and thereby lost Philippine citizenship, and
They want to reacquire Philippine citizenship.

Bottom line

Whether you call it “retention” or “reacquisition,” the practical legal pathway under RA 9225 is the same for most applicants:

Take the Oath of Allegiance under RA 9225, complete the petition/processing requirements, and receive proof of approval (e.g., an identification certificate or order).

4) Who qualifies under RA 9225?

Generally, RA 9225 covers:

Natural-born citizens of the Philippines, who
Lost Philippine citizenship by becoming citizens of another country (usually via naturalization), and
Seek to reacquire/retain Philippine citizenship by taking the Oath of Allegiance under RA 9225.

Notable exclusions / limitations:

RA 9225 is not the main route for persons who were not natural-born.
If you were never Filipino at birth (and do not qualify as a derivative child under RA 9225), you generally look to recognition (if applicable), naturalization, or other specific laws.
RA 9225 does not automatically confer Filipino citizenship on a foreign spouse.

5) The core act that restores Philippine citizenship: the Oath of Allegiance

The heart of RA 9225 is the Oath of Allegiance to the Republic of the Philippines.

Once you properly complete the process and take the oath, Philippine citizenship is treated as reacquired/retained and you are generally restored to full civil and political rights—subject to the law’s special rules on public office and certain regulated activities.

Practical effect: You become a Philippine citizen again for most legal purposes and can generally:

Apply for a Philippine passport,
Reside in the Philippines without immigration restrictions,
Own land without foreign-ownership limitations (subject to other laws),
Vote (if registered and qualified),
Enjoy rights and assume obligations of Philippine citizenship.

6) Procedure and documentation (typical Philippine practice)

While exact checklists vary by office, the process typically looks like this:

Where you apply

If in the Philippines: commonly through the Bureau of Immigration (or other designated government offices depending on current administrative arrangements).
If abroad: through a Philippine Embassy/Consulate.

Typical requirements

Applicants usually present:

Proof of being natural-born (e.g., PSA/LCRO birth certificate, old Philippine passport),
Proof of foreign citizenship (naturalization certificate/citizenship certificate, foreign passport),
Identity documents, photos, forms, fees.

Outputs you should expect

After approval and oath-taking, you typically receive official proof such as:

An Identification Certificate or order confirming you are a Philippine citizen under RA 9225,
Documents needed to update records and apply for a Philippine passport.

7) What dual citizenship means in day-to-day Philippine legal life

Once you reacquire Philippine citizenship, you may simultaneously remain a citizen of another country. That is generally lawful in the Philippines under RA 9225.

A. Rights generally restored

As a Philippine citizen again, you typically regain:

The right to reside in the Philippines indefinitely,
The right to vote (subject to registration and election laws, including overseas absentee voting rules),
The right to own land as a Filipino (not merely as a former Filipino with special limited privileges),
The ability to engage in business as a Filipino (subject to sectoral restrictions and regulatory rules).

B. Obligations and legal exposure

Reacquiring citizenship also reconnects you to Philippine law on:

Criminal jurisdiction for acts within the Philippines,
Civil obligations (contracts, taxes depending on residency/source rules),
Family law consequences (marriage, legitimacy, custody) while within Philippine jurisdiction,
Potential duties that may attach to citizens under existing laws.

C. Travel and passports (practical guidance)

Dual citizens often hold two passports. Common practical patterns:

Use the Philippine passport to enter/exit the Philippines to be treated straightforwardly as a Filipino.
Use the foreign passport for travel to/from the foreign country of citizenship.

Dual citizens should be consistent and careful at borders to avoid documentation mismatches, overstays (if mistakenly treated as a foreign visitor), or confusion in records.

8) The Constitution’s “dual allegiance” clause vs “dual citizenship”

A frequent source of confusion:

Dual citizenship: A status where, by operation of different countries’ laws, a person is a citizen of two countries.
Dual allegiance: A concept tied to active loyalty/commitment to another state, treated by Philippine policy as potentially problematic (especially for public officials).

RA 9225 is the law that tries to manage this tension by:

Allowing dual citizenship generally, but
Imposing additional requirements when a dual citizen seeks certain sensitive roles or privileges (notably public office).

9) Public office, political activity, and the renunciation requirement

This is one of the most legally important sections of RA 9225 in practice.

A. Running for elective office

A person who reacquired Philippine citizenship under RA 9225 and wants to run for elective public office typically must:

Meet the constitutional/statutory qualifications, and
Make a personal and sworn renunciation of foreign citizenship as required by law.

This renunciation is not merely symbolic; election law practice treats it as a strict compliance area. Many Philippine election disputes have turned on whether the candidate properly renounced foreign citizenship in the manner and timing required.

B. Appointment to public office

For appointive public office, similar principles apply: the person may need to execute the required renunciation before assumption of office, consistent with statutory requirements and the position’s rules.

C. Voting and political participation

Reacquired citizens may vote if:

They are otherwise qualified (age, no disqualifications), and
They are properly registered (including overseas voting if abroad).

10) Practice of profession and regulated activities

RA 9225 recognizes that some activities are regulated by licensing laws.

If you are a dual citizen and want to practice a profession in the Philippines (law, medicine, engineering, etc.), you must comply with:
- Professional regulation rules,
- Licensing, examinations, reciprocity rules (where applicable),
- Continuing professional requirements.

Dual citizenship itself is not automatically a bar, but the professional regulator’s rules and the specific profession’s statutes matter.

PART II — CHILDREN: THE MOST PRACTICAL AND MISUNDERSTOOD AREA

11) Two big categories of children in this topic

Children are affected in two distinct legal ways, depending on whether they were Filipino “from birth” or not.

Category 1: Children who are Filipino from birth (jus sanguinis)

A child is generally Filipino from birth if, at the time of the child’s birth:

The father or mother was a Philippine citizen (subject to legitimacy-era rules discussed below).

If the child is already Filipino from birth, RA 9225 may not be the key law for the child’s citizenship; instead, the child often just needs:

Recognition/documentation (e.g., Report of Birth, Philippine passport, correction of records), not “derivation.”

Category 2: Children who are not Filipino at birth but may become Filipino through the parent’s RA 9225 reacquisition

This is the scenario where RA 9225 matters directly for the child.

RA 9225 commonly recognizes that the unmarried minor children (typically under 18) of a parent who reacquires Philippine citizenship can also be treated as Philippine citizens—often called derivative citizenship in practice.

12) Effects on minor children when a parent reacquires Philippine citizenship

General rule in practice

When a natural-born Filipino parent reacquires Philippine citizenship under RA 9225, the parent’s:

Unmarried minor children can often be included and recognized as Philippine citizens as well, upon compliance with procedural requirements.

What this means practically:

The child can be documented as Filipino,
Can potentially obtain a Philippine passport,
Can reside/study in the Philippines as a Filipino (not as a visa-bound foreign national),
Can enjoy rights of Philippine citizenship (and later the obligations) as they grow.

Common procedural reality

Offices typically require:

Proof of the parent’s RA 9225 reacquisition,
Proof of the parent-child relationship (birth certificate),
Proof of the child’s age and unmarried status.

13) What if the child is already 18 or older?

This is a critical cutoff issue.

If the child is already an adult (or not within the “minor child” coverage as implemented), the child may not automatically benefit from the parent’s RA 9225 reacquisition.

Adult children often need to establish Philippine citizenship through other routes, such as:

Proving they were Filipino from birth (if true), or
If not Filipino from birth, exploring naturalization or other applicable laws.

Practical takeaway: If a family wants children included as derivative citizens, timing matters. Once children age out, the pathway becomes more complex.

14) Children born abroad: when are they Filipino from birth?

A child born outside the Philippines can still be Filipino from birth if:

At least one parent was a Philippine citizen at the time of birth.

Documentation is the usual problem, not the law. The child may need:

A Report of Birth filed with a Philippine Foreign Service Post (or late registration procedures),
Or Philippine civil registry recognition processes.

If the Filipino parent had already become a foreign citizen before the child’s birth and thereby lost Philippine citizenship (and had not reacquired yet), the child’s status may depend heavily on:

Whether the parent was still a Philippine citizen at birth (if not, the child might not be Filipino from birth), and then
Whether the child can qualify as a derivative minor under the parent’s later RA 9225 reacquisition.

15) Legitimacy and older constitutional rules (important edge cases)

Philippine citizenship law has changed historically. Two key points:

A. Illegitimate children

Under Philippine family law principles often applied in citizenship determinations:

An illegitimate child generally follows the mother’s citizenship.

So:

If the mother is Filipino at the time of birth, the child is generally Filipino from birth.
If only the father is Filipino and the mother is foreign, the child’s claim may hinge on legitimacy/legitimation rules and the era of applicable citizenship rules.

B. People born before the 1973 Constitution era (rare but still relevant)

Historically, children born to Filipino mothers under older constitutional regimes sometimes needed to perform an act of election upon reaching majority to perfect citizenship. These are technical, fact-specific cases where the person may not be considered natural-born unless the legal requirements were satisfied.

Why it matters here: RA 9225 is for natural-born Filipinos. If a parent’s “natural-born” status is disputed because of older election rules, that can cascade into documentation issues for children.

16) Does RA 9225 make a child “natural-born”?

This is subtle and often misunderstood.

If the child is Filipino from birth, the child is natural-born.
If the child becomes Filipino only because the child was a minor included/covered when the parent reacquired citizenship, the child may be treated as a Philippine citizen, but whether the child is “natural-born” can become a sensitive legal classification question in later life—especially if the child plans to run for certain offices that require natural-born citizenship.

In practice, many citizenship classification questions become evidence-and-record-driven and can depend on:

The child’s citizenship status at birth,
The timing of the parent’s citizenship reacquisition,
The child’s civil registry documentation,
The legal basis stated in the child’s recognition records.

Practical advice: For children, it’s best to document citizenship early and consistently so that later “natural-born” questions (if they arise) can be answered cleanly using civil registry records.

17) Effects on children’s passports, travel, schooling, and immigration status

Once properly recognized/documented as Filipino:

Travel: The child can obtain and use a Philippine passport.
Schooling: The child can generally enroll as a Filipino (helpful for admissions, tuition policies in some cases, and compliance).
Immigration: The child is not treated as a foreign visitor who must maintain a visa status.
Future political rights: The child may vote upon reaching age and registration requirements.

If the child is also a foreign citizen, they may be a dual citizen as well, with similar practical border and documentation considerations.

18) Common family scenarios and how RA 9225 typically applies

Scenario A: Parent was Filipino, naturalized abroad, then reacquired under RA 9225; child is 10 and foreign-born

Child may be included/recognized as Filipino as the unmarried minor child of a parent who reacquired.
Often the family will process documentation so the child can get a Philippine passport.

Scenario B: Parent naturalized abroad before the child was born; child is now 25

Child likely cannot be included as a minor derivative.
Child must check whether they were Filipino from birth (often no, if the parent was not Filipino at birth time), then consider other routes.

Scenario C: Child was born when the parent was still Filipino, but child’s Philippine birth/report was never filed

Child is likely Filipino from birth; the issue is late registration / documentation.

Scenario D: Foreign spouse wants Philippine citizenship because the Filipino spouse reacquired under RA 9225

RA 9225 does not automatically naturalize spouses.
The foreign spouse must use other immigration/citizenship pathways.

PART III — OTHER PRACTICAL CONSEQUENCES (PROPERTY, TAX, FAMILY LAW)

19) Land and property ownership

A major practical reason people reacquire Philippine citizenship is land ownership.

Foreigners are generally restricted from owning land (with limited exceptions).
Former natural-born Filipinos who remain foreigners may own limited land under special laws (subject to limits).
Reacquired Philippine citizens under RA 9225 generally return to the status of a Filipino landowner without foreign ownership limits (subject to standard Philippine property laws).

20) Tax considerations (citizenship vs residency)

Philippine taxation is heavily influenced by residency and source of income, not merely citizenship.

A reacquired citizen living abroad may still be treated differently from a resident citizen for tax purposes depending on current tax rules on resident vs non-resident citizens and the source of income.
Dual citizens should consider cross-border tax obligations and double taxation treaty issues where relevant (usually with professional advice).

21) Family law and civil registry ripple effects

Reacquiring Philippine citizenship can affect how Philippine law applies to:

Marriage and marital property regimes (when tied to Philippine jurisdiction),
Capacity to own property,
Naming conventions and record corrections,
Registration of births/marriages abroad with Philippine authorities.

The most common “pain point” is not the citizenship law itself—it’s civil registry consistency (names, dates, places, legitimacy annotations, late reports).

PART IV — PITFALLS AND COMPLIANCE CHECKLIST

22) Common pitfalls

Assuming the child is automatically Filipino without documentation Citizenship may exist legally, but proof is essential for passports, schooling, travel, inheritance, and future legal questions.
Waiting too long for children (age-out problem) If relying on derivative minor coverage, delay can close the easiest door.
Name discrepancies across documents Different spellings or name changes after marriage/naturalization often cause delays.
Confusing “renunciation” requirements For most dual citizens, RA 9225 does not require renouncing foreign citizenship. But for public office (and sometimes other sensitive roles), specific renunciation rules can become decisive.
Assuming the foreign spouse becomes Filipino They do not, automatically.

23) A practical checklist (high-level)

If you’re handling a family RA 9225 situation, you typically want:

Proof the parent is natural-born Filipino,
Proof of the parent’s foreign naturalization/citizenship,
Completed RA 9225 process for the parent (oath + approval proof),
For each minor child:
- Birth certificate proving relationship,
- Evidence of age/unmarried status,
- Proper Philippine civil registry action (Report of Birth / recognition steps),
- Passport application readiness.

Conclusion

RA 9225 is the Philippines’ primary “bridge” for natural-born Filipinos who became foreign citizens to regain full Philippine citizenship, typically through the Oath of Allegiance and administrative processing. The “retention vs reacquisition” distinction is usually more about framing than substance—the legal mechanism is effectively the same.

For children, the decisive questions are:

Were they Filipino from birth? (often yes if a parent was Filipino at their birth), or
Can they be included as unmarried minors when the parent reacquires? (timing matters), and
Are their civil registry documents consistent and complete?

Because citizenship status affects voting, property ownership, travel, and (for some) future eligibility for sensitive public roles, families benefit most when they treat RA 9225 not as a one-time oath event but as a complete documentation project—especially for children’s records.