Introduction

Dual citizenship in the Philippines is governed primarily by Republic Act No. 9225, also known as the Citizenship Retention and Re-acquisition Act of 2003. This law allows natural-born Filipinos who have acquired foreign citizenship, such as United States citizenship, to retain or reacquire their Philippine citizenship without renouncing their foreign allegiance. As a result, dual Filipino-US citizens enjoy the rights and privileges of both nationalities, but they must navigate specific legal obligations when traveling, particularly when departing the Philippines to return to the United States.

This article examines the travel fees applicable to dual citizens in the context of Philippine law, focusing on departure from the Philippines. It covers the relevant statutes, administrative regulations, fee structures, exemptions, payment procedures, and potential penalties for non-compliance. While the United States does not impose entry fees on its citizens, the Philippine government levies certain charges on outbound travelers classified as Filipino citizens, which includes dual nationals. Understanding these fees is crucial to avoid delays, fines, or legal complications at Philippine airports.

Legal Framework Governing Dual Citizenship and Travel

Republic Act No. 9225 and Dual Nationality

Under RA 9225, dual citizens are treated as full Filipino citizens for purposes of Philippine law. This means they are subject to the same travel-related obligations as single-nationality Filipinos, including payment of departure fees. The law requires dual citizens to take an oath of allegiance and obtain a Certificate of Retention/Re-acquisition of Philippine Citizenship from the Bureau of Immigration (BI) or a Philippine consulate abroad. Failure to comply with this process may result in being treated as a foreigner upon entry or exit, potentially triggering different fee structures or visa requirements.

The Philippine Constitution (1987), Article IV, Section 1, defines natural-born citizens, and RA 9225 builds on this by allowing retention of citizenship. However, dual citizens must comply with the Dual Allegiance provision in Article IV, Section 5, which declares dual allegiance inimical to national interest but does not prohibit dual citizenship per se.

Immigration and Travel Regulations

The Bureau of Immigration, under the Department of Justice, administers entry and exit procedures via the Philippine Immigration Act of 1940 (Commonwealth Act No. 613), as amended. Executive Order No. 408 (1960) and subsequent BI issuances regulate departure formalities. For dual citizens, BI Memorandum Circular No. AFF-04-01 mandates the presentation of both passports or proof of dual citizenship to facilitate smooth processing.

When returning to the US, dual citizens typically exit the Philippines using their Philippine passport and enter the US using their US passport, in line with airline and immigration practices to avoid statelessness issues. Non-compliance with Philippine exit requirements can lead to hold departure orders or administrative fines.

Tourism Infrastructure and Enhancement Act

Republic Act No. 9593, the Tourism Act of 2009, establishes the Tourism Infrastructure and Enterprise Zone Authority (TIEZA), which collects the Philippine Travel Tax. This tax is a key fee for outbound Filipino citizens, including dual nationals.

Applicable Travel Fees

Dual citizens departing the Philippines for the US are subject to several fees, primarily administered at international airports like Ninoy Aquino International Airport (NAIA). These fees are not US-imposed but are Philippine requirements for exit clearance. Below is a detailed breakdown:

1. Philippine Travel Tax (TIEZA Travel Tax)

Statutory Basis: Section 1 of Presidential Decree No. 1183 (1977), as amended by RA 9593. This tax funds tourism infrastructure and is levied on all Filipino citizens, permanent residents, and certain non-immigrant foreigners departing the Philippines.
Applicability to Dual Citizens: Dual citizens are classified as Filipino nationals under RA 9225, making them liable for the tax regardless of their residence or the passport used for exit. If a dual citizen enters the Philippines using a US passport without declaring Philippine citizenship, they may be treated as a foreigner and exempted, but this risks legal issues upon discovery, as it violates citizenship disclosure requirements.
Fee Structure:
- Economy Class: PHP 1,620 (approximately USD 30, based on exchange rates).
- Business/First Class: PHP 2,700 (approximately USD 50).
- Reduced Rates: For travel to certain ASEAN countries or via sea, but not applicable to US-bound flights.
Exemptions:
- Overseas Filipino Workers (OFWs) with valid Overseas Employment Certificates.
- Infants under 2 years old.
- Diplomats and consular officials.
- Crew members on international vessels/aircraft.
- Permanent residents abroad (balikbayans) staying in the Philippines for less than one year may claim exemption if they provide proof of foreign residency, but dual citizens must substantiate this via BI clearance.
- Note: Dual citizens residing in the US are not automatically exempt; they must apply for exemption at TIEZA counters or online if qualifying as balikbayans under RA 6768 (Balikbayan Law).
Payment Procedure: Paid at airport TIEZA counters before check-in, or pre-paid online via the TIEZA website. Receipts must be presented at immigration. Airlines may collect it in advance for certain tickets.

2. Airport Terminal Fee (Passenger Service Charge)

Statutory Basis: Administered by the Manila International Airport Authority (MIAA) under Executive Order No. 341 (1979) and MIAA Administrative Order No. 1 (2015).
Applicability: Charged to all international departing passengers, including dual citizens.
Fee Amount: PHP 550 (approximately USD 10) per passenger. This fee is often integrated into airline tickets for flights originating from the Philippines, meaning it's prepaid. If not included, it's paid at the airport.
Exemptions: OFWs, infants, transit passengers (under 24 hours), and certain diplomats. Dual citizens may qualify if they hold OFW status.
Recent Developments: As of 2023, privatization efforts at NAIA may lead to fee adjustments, but the base rate remains PHP 550. Refunds for overpayment are available via MIAA.

3. Bureau of Immigration Departure Fees

Statutory Basis: BI Operations Order No. SBM-2014-006 and related circulars.
Applicability: Dual citizens may incur additional fees if they require special clearances, such as Emigration Clearance Certificates (ECC) for those who overstayed or have pending cases.
Fee Structure:
- Standard ECC: PHP 710 (for tourists/foreigners, but duals treated as Filipinos typically don't need it unless exiting as foreigners).
- Express Lane Fee: PHP 500 for expedited processing.
- Overstay Fines: Calculated per day (PHP 500/month minimum) if visa or stay limits are exceeded, though dual citizens have unlimited stay rights as Filipinos.
Note: Dual citizens exiting as Filipinos do not need an ECC, but if they entered as US citizens, they must obtain one, potentially incurring PHP 710 plus penalties.

4. Other Potential Fees

Airline-Imposed Fees: Not Philippine government fees, but relevant for travel. These include baggage fees, seat selection, or change fees, varying by carrier (e.g., Philippine Airlines, United Airlines).
COVID-19 Related Fees: Although largely phased out by 2023, residual health surcharges or testing fees may apply if outbreaks occur. Under RA 11525 (COVID-19 Vaccination Program Act), such fees are minimal for citizens.
Customs Duties: If carrying dutiable goods, customs fees under the Customs Modernization and Tariff Act (RA 10863) apply upon exit, but this is rare for personal effects.

Procedures for Payment and Compliance

Pre-Departure Preparation: Dual citizens should secure a BI Identification Certificate or affix a dual citizenship stamp in their Philippine passport. Present both passports at check-in.
At the Airport:
- Pay travel tax at TIEZA counters.
- If terminal fee not prepaid, pay at designated booths.
- Proceed to immigration for exit stamp.
Online Options: TIEZA offers e-payment for travel tax via their portal, requiring passport details and flight information.
Refunds: Available for exemptions claimed post-payment, processed via TIEZA or MIAA within 30 days.

Penalties for Non-Compliance

Non-Payment of Fees: Results in denial of boarding. Fines up to PHP 5,000 under BI regulations.
Misrepresentation of Citizenship: Punishable under RA 9225 with cancellation of citizenship certificate and fines up to PHP 200,000, plus possible deportation proceedings.
Overstay or Irregular Exit: Administrative fines from PHP 500 to PHP 20,000, plus blacklisting from re-entry.
Criminal Liabilities: Fraudulent exemption claims may violate the Anti-Graft and Corrupt Practices Act (RA 3019), with imprisonment penalties.

Special Considerations for Dual Citizens

Balikbayan Privileges: Under RA 6768, dual citizens and their families enjoy duty-free privileges and extended stays, but travel tax exemptions require proof of one-year foreign residency.
Children and Minors: Dual citizen minors pay reduced travel tax (50% discount for ages 2-12) and require parental consent for travel under RA 7610.
Elderly and PWDs: Senior citizens (RA 9994) and persons with disabilities (RA 7277) receive 20% discounts on travel tax.
Tax Treaties: The Philippines-US Tax Treaty (1982) does not directly affect travel fees but may influence income tax on travel-related earnings.

Conclusion

Navigating travel fees as a dual Filipino-US citizen requires adherence to Philippine laws emphasizing citizenship obligations. By understanding RA 9225, PD 1183, and related regulations, dual citizens can ensure compliant and cost-effective returns to the US. Consulting the BI or Philippine consulates in the US for personalized advice is recommended, as fee amounts may be adjusted by administrative orders. Compliance not only avoids penalties but also upholds the privileges of dual nationality.