Republic Act No. 9225, otherwise known as the Citizenship Retention and Re-acquisition Act of 2003, is the principal statute governing the reacquisition of Philippine citizenship by natural-born Filipinos who have lost it through foreign naturalization. Enacted on 29 August 2003, the law explicitly recognizes dual citizenship, allowing former natural-born citizens to reacquire Philippine citizenship without renouncing their foreign citizenship. Prior to RA 9225, the 1935, 1973, and 1987 Constitutions, together with Commonwealth Act No. 63, treated foreign naturalization as an absolute and exclusive mode of losing Philippine citizenship. The statute restores the status of natural-born citizenship upon compliance with its provisions, thereby entitling the individual to the full panoply of civil, political, and economic rights under Philippine law.
Legal Basis and Policy Declaration
Section 1 of RA 9225 declares it the policy of the State to “expedite the reacquisition of Philippine citizenship by natural-born Filipinos who have lost their citizenship by reason of naturalization in a foreign country.” Section 2 provides the operative rule: any natural-born citizen who lost Philippine citizenship by foreign naturalization is “deemed to have re-acquired Philippine citizenship upon taking the oath of allegiance to the Republic of the Philippines.” The reacquired citizen is thereafter “entitled to all the rights and privileges” of a Philippine citizen. Section 3 extends derivative citizenship to the unmarried children below eighteen years of age at the time of the parent’s reacquisition. Section 4 clarifies that civil and political rights are restored, subject only to the disqualifications provided by existing law.
Reacquired citizens under RA 9225 are treated as natural-born Filipinos for all legal purposes, including eligibility for elective public office, practice of professions reserved to Filipinos, ownership of land, and exercise of suffrage. The law does not require renunciation of the foreign citizenship; dual allegiance is tolerated, although dual citizens remain subject to the obligations imposed by each state of which they are nationals.
Eligibility
Only natural-born Filipinos who lost their citizenship by foreign naturalization may avail of RA 9225. Natural-born status is determined at birth: a person is natural-born if, at the moment of birth, he or she is a citizen of the Philippines by virtue of the Constitution or law then in force. This includes:
- Those born to a Filipino father or mother under the 1935, 1973, or 1987 Constitutions;
- Those born before 17 January 1973 to Filipino mothers and alien fathers who elected Philippine citizenship upon reaching the age of majority;
- Foundlings found in the Philippines at the time the 1935 Constitution took effect, in accordance with prevailing jurisprudence.
The law does not apply to:
- Naturalized Filipinos who later acquired another citizenship;
- Persons who lost Philippine citizenship by means other than naturalization (e.g., express renunciation under Commonwealth Act No. 63);
- Persons who were never Philippine citizens.
Applicants must not be disqualified under Section 4 of RA 9225 or under the general provisions of the 1987 Constitution and the Anti-Graft and Corrupt Practices Act for holding public office, should they intend to exercise political rights.
Documentary Requirements
The following documents are required in original and photocopy form (with authenticated translations where necessary):
- Duly accomplished Application for Reacquisition of Philippine Citizenship (Bureau of Immigration Form No. AFF-04-01 or the equivalent consular form).
- Proof of natural-born Philippine citizenship:
- Philippine birth certificate issued by the Philippine Statistics Authority (PSA);
- Old Philippine passport (if available);
- Baptismal certificate or other secondary evidence acceptable to the Bureau of Immigration.
- Proof of loss of Philippine citizenship by foreign naturalization:
- Foreign naturalization certificate or its equivalent;
- Foreign passport reflecting the date of issuance after naturalization.
- Foreign birth certificate (if different from the Philippine birth certificate).
- Marriage certificate (if applicable) and, in the case of married women, proof of change of name.
- Three (3) recent 2×2 photographs with white background.
- Valid foreign passport.
- For derivative applicants: birth certificates of unmarried children below eighteen years of age at the time of the parent’s application, together with the parent’s marriage certificate if relevant.
- Police clearance or non-criminal record from the country of residence (in some consular posts).
- Payment of prescribed fees.
All foreign documents must be authenticated by the Philippine Embassy or Consulate or apostilled under the Apostille Convention if the issuing country is a party thereto.
Application Process
Applications may be filed either in the Philippines or abroad.
In the Philippines
The application is filed personally or through a duly authorized representative at the Bureau of Immigration (BI) Main Office in Manila or at any BI extension office with jurisdiction over the applicant’s place of residence. The BI evaluates the petition, conducts background verification, and, upon approval, schedules the administration of the Oath of Allegiance. The entire process ordinarily takes thirty (30) to ninety (90) days from filing, depending on the completeness of the documents and the BI caseload.
Abroad
Applications are filed at the nearest Philippine Embassy or Consulate-General. The consular officer forwards the petition to the Bureau of Immigration for evaluation. Upon approval, the Oath of Allegiance is administered by the consular officer. The Identification Certificate is subsequently issued by the BI and forwarded to the post or made available for collection.
Oath of Allegiance
The Oath of Allegiance is the operative act that completes reacquisition. The text of the oath is prescribed by the Bureau of Immigration and includes an undertaking to “support and defend the Constitution of the Republic of the Philippines” and to “obey the laws and legal orders” of the country. The oath is administered in a simple ceremony; no additional public renunciation of the foreign citizenship is required. Upon taking the oath, the applicant is issued an Identification Certificate (IC) by the Bureau of Immigration, which serves as prima facie evidence of reacquired Philippine citizenship.
Derivative Citizenship for Children
Unmarried children below eighteen years of age at the time the parent takes the Oath of Allegiance automatically acquire derivative Philippine citizenship. They are not required to take a separate oath until they reach the age of majority, at which point they may apply for their own Identification Certificate and Philippine passport. Derivative citizenship is evidenced by annotation on the parent’s IC and by the child’s own birth certificate once updated with the Philippine Statistics Authority.
Post-Acquisition Procedures
Philippine Passport
With the Identification Certificate, the reacquired citizen may apply for a Philippine passport at any Department of Foreign Affairs (DFA) consular office in the Philippines or abroad. The passport is issued in the individual’s Philippine name and reflects the restored natural-born status.Registration with the Philippine Statistics Authority
The BI forwards copies of the IC and oath to the PSA for annotation on the birth certificate, ensuring that all civil records reflect the restored Philippine citizenship.Voter Registration
Reacquired citizens may register as voters with the Commission on Elections (COMELEC). Dual citizens residing abroad may exercise suffrage through absentee voting under Republic Act No. 10590.Land Ownership and Other Rights
Upon issuance of the IC, the individual regains the capacity to acquire private lands and exercise rights previously restricted to Filipino citizens.
Obligations of Dual Citizens
Reacquired dual citizens remain subject to the laws of both states. In the Philippine context, obligations include:
- Payment of taxes on Philippine-sourced income and, if resident, on worldwide income under the National Internal Revenue Code;
- Compliance with compulsory military service laws (if and when reinstated);
- Observance of all civil and criminal statutes;
- Registration of foreign travel documents with the Bureau of Immigration when residing in the Philippines.
Failure to comply with Philippine laws may result in the loss of Philippine citizenship through the ordinary modes provided by law, although RA 9225 itself does not provide for automatic revocation.
Jurisprudential and Administrative Clarifications
The Supreme Court has consistently upheld the constitutionality of RA 9225 and affirmed that reacquired citizens are restored to natural-born status (e.g., in rulings concerning eligibility for public office). Administrative issuances of the Bureau of Immigration (Memorandum Circulars) and the Department of Foreign Affairs provide the detailed procedural guidelines, including the schedule of fees, which are subject to periodic revision. Applicants are advised to consult the latest BI or consular advisories for current documentary checklists and processing timelines.
The reacquisition of Philippine dual citizenship under RA 9225 restores full membership in the Philippine polity while preserving the individual’s foreign nationality, thereby fulfilling the constitutional objective of maintaining ties with Filipinos overseas and strengthening the nation’s human capital.