Introduction

The Philippines recognizes the principle of jus sanguinis (right of blood) in determining citizenship, as enshrined in the 1987 Constitution. Natural-born Filipinos who acquire foreign citizenship through naturalization typically lose their Philippine citizenship under Article IV, Section 3 of the Constitution, which states that Philippine citizenship is lost upon naturalization in a foreign country. However, Republic Act No. 9225, also known as the Citizenship Retention and Re-acquisition Act of 2003, provides a mechanism for these individuals to reacquire or retain their Philippine citizenship without renouncing their foreign allegiance. This law is particularly relevant for those born in the Philippines who later became naturalized citizens of another country, allowing them to hold dual citizenship and enjoy the rights associated with being a Filipino citizen once more.

This article explores the legal framework, eligibility criteria, procedural steps, required documents, effects of reacquisition, and related considerations under Philippine law. It aims to provide a comprehensive overview for individuals seeking to navigate this process.

Legal Basis

The primary legal foundation for reacquiring Philippine citizenship is Republic Act No. 9225 (RA 9225), enacted on August 29, 2003. This act amended Commonwealth Act No. 63, which previously outlined modes of losing and reacquiring citizenship. RA 9225 was introduced to address the diaspora of Filipinos abroad, encouraging their continued ties to the homeland by simplifying citizenship reacquisition.

Key provisions include:

Section 2: Declares it state policy to allow dual citizenship for natural-born Filipinos who have lost their citizenship due to foreign naturalization.
Section 3: Allows reacquisition by taking an oath of allegiance to the Republic of the Philippines.
Section 4: Extends derivative citizenship to minor children of those who reacquire citizenship.
Section 5: Specifies civil and political rights, with restrictions on certain public offices unless foreign citizenship is renounced.

Supporting regulations include Administrative Order No. 91, Series of 2004, from the Bureau of Immigration (BI), and Memorandum Circulars from the Department of Foreign Affairs (DFA) and BI, which outline implementation guidelines. The 1987 Constitution (Article IV) remains the supreme law, ensuring that reacquired citizenship aligns with constitutional principles.

Eligibility Criteria

To qualify for reacquisition under RA 9225, an individual must meet the following requirements:

Natural-Born Status: The applicant must have been a natural-born Filipino citizen at birth. Under the 1987 Constitution (Article IV, Section 2), natural-born citizens are those who do not need to perform any act to acquire or perfect their citizenship. This typically includes individuals born in the Philippines to at least one Filipino parent, or born abroad to Filipino parents under certain conditions.
Loss Due to Naturalization: The Philippine citizenship must have been lost specifically through naturalization in a foreign country. Loss due to other reasons (e.g., express renunciation or denaturalization) may require different processes under Commonwealth Act No. 63.
Born in the Philippines: While RA 9225 applies broadly to natural-born Filipinos, those born in the Philippines often have stronger evidentiary ties, such as birth certificates issued by the Philippine Statistics Authority (PSA), facilitating proof of natural-born status.
No Disqualifications: Applicants must not be deemed a threat to national security or public order. The BI may deny applications if the individual has been convicted of crimes involving moral turpitude or is under investigation for such offenses.

Spouses and children may also benefit indirectly. Unmarried minor children (under 18) of the applicant automatically acquire derivative Philippine citizenship upon the parent's reacquisition, without needing a separate oath. Adult children or spouses who are natural-born Filipinos may apply independently if they meet the criteria.

Procedural Steps

The process for reacquiring citizenship is administrative and does not require judicial intervention, making it relatively straightforward. It can be initiated in the Philippines or abroad through Philippine consulates or embassies.

Step 1: Preparation of Documents

Applicants must gather necessary documents to prove eligibility (detailed in the next section).

Step 2: Filing the Petition

In the Philippines: Submit a petition to the BI's main office in Manila or regional offices. The petition form (BI Form No. RAD-502) is available on the BI website.
Abroad: File at the nearest Philippine Embassy or Consulate General. The DFA handles initial processing before endorsement to the BI.

Step 3: Oath-Taking

Upon approval, the applicant takes the Oath of Allegiance before an authorized officer (e.g., BI Commissioner, Consul, or notary public). The oath reads: "I [Name], solemnly swear (or affirm) that I will support and defend the Constitution of the Republic of the Philippines and obey the laws and legal orders promulgated by the duly constituted authorities of the Philippines; and I hereby declare that I recognize and accept the supreme authority of the Philippines and will maintain true faith and allegiance thereto; and that I impose this obligation upon myself voluntarily without mental reservation or purpose of evasion."

Step 4: Issuance of Documents

An Identification Certificate (IC) is issued by the BI, serving as proof of reacquired citizenship.
The applicant may then apply for a Philippine passport and other documents reflecting dual citizenship status.

The entire process typically takes 3-6 months, depending on location and completeness of documents. Fees include PHP 3,000 (approximately USD 50) for the petition, plus additional costs for notarization and document authentication.

Required Documents

A comprehensive list of documents ensures smooth processing. Standard requirements include:

Duly Accomplished Petition Form: BI Form No. RAD-502 or equivalent consular form.
Birth Certificate: PSA-issued birth certificate proving birth in the Philippines and natural-born status.
Proof of Former Philippine Citizenship: Old Philippine passport, voter’s ID, or school records.
Foreign Naturalization Documents: Certificate of naturalization, foreign passport, or oath of allegiance to the foreign country.
Oath of Allegiance: To be executed during the process.
Photographs: Recent 2x2 photos (usually 3 copies).
For Derivative Beneficiaries: Birth certificates of minor children, marriage certificate for spouses if applicable.
Additional Evidence if Needed: Affidavits from relatives, baptismal certificates, or land titles to corroborate natural-born status.

All foreign documents must be authenticated by the issuing country’s authorities and apostilled if from Hague Convention countries, or authenticated by the Philippine Embassy otherwise. Translations to English or Filipino may be required if documents are in a foreign language.

Effects of Reacquisition

Upon reacquisition:

Dual Citizenship: The individual holds both Philippine and foreign citizenships, subject to the laws of both countries. The Philippines does not require renunciation of foreign citizenship.
Rights Restored: Full civil and political rights are regained, including the right to vote, own property without restrictions (under Article XII of the Constitution), practice professions reserved for Filipinos, and run for public office (with exceptions).
Restrictions on Public Office: Under Section 5 of RA 9225, those seeking elective or appointive public office must renounce foreign allegiance via a sworn affidavit. This applies to positions like President, Vice President, Senators, and Representatives, as per constitutional requirements for natural-born citizens.
Property Ownership: Reacquired citizens can acquire land and natural resources, reversing limitations imposed on foreigners.
Tax and Military Obligations: Dual citizens are subject to Philippine taxes on local income and may be liable for military service if applicable (though rarely enforced for those abroad).
Derivative Benefits: Minor children become natural-born Filipinos, eligible for passports and other privileges.

Reacquisition is irrevocable unless citizenship is lost again through legal means.

Special Considerations and Challenges

Pre-1935 Births: Individuals born before the 1935 Constitution may face complexities due to evolving citizenship laws, potentially requiring judicial confirmation.
Multiple Citizenships: Those with more than one foreign citizenship can still reacquire under RA 9225, but must disclose all.
Denials and Appeals: If denied, applicants can appeal to the BI Commissioner or the Department of Justice. Common reasons for denial include incomplete documents or security concerns.
Impact of BBM v. Comelec (G.R. No. 221165): Supreme Court rulings affirm that reacquired citizens under RA 9225 are considered natural-born for eligibility purposes, as seen in cases involving public figures.
COVID-19 and Digital Processes: Post-pandemic, some consulates offer online submissions, but in-person oath-taking remains mandatory.
Integration with Other Laws: Reacquisition interacts with the Absentee Voting Act (RA 9189) for overseas voting and the Overseas Workers Welfare Administration for migrant workers.

Conclusion

Reacquiring Philippine citizenship under RA 9225 represents a significant policy shift towards embracing the global Filipino community, allowing naturalized foreign citizens born in the Philippines to reclaim their heritage without severing foreign ties. This process not only restores legal rights but also fosters cultural and economic connections. Individuals considering this path should consult with legal experts or the BI/DFA for personalized guidance, ensuring all requirements are met to avoid delays. Through this mechanism, the Philippines continues to honor its citizens' dual identities in an increasingly interconnected world.