RA 9225 : Dual Citizenship

Bonjour. Mabuhay.

Noted this RA when someone asked about it. May be helpful stuff for those who are Filipinos and more 🙂

DUAL CITIZENSHIP

What is Republic Act No. 9225?

RA 9225, otherwise known as the “Citizenship Retention and Re-acquisition Act of 2003” took effect on September 17, 2003. It is an act declaring that former natural-born Filipino citizens who acquired foreign citizenship through naturalization shall be deemed not to have lost their Philippine citizenship.

Who is a natural-born Filipino citizens?

Natural-born citizens are those who are citizens of the Philippines from birth without having to perform any act to acquire or perfect their Philippine citizenship.

Those born before 17 January 1973, of Filipino mothers, who elect Philippine citizenship upon reaching the age of majority shall likewise be deemed natural-born citizens.

Who are not under the R.A. 9225?

RA 9225 applies only to those natural-born Filipino citizens who have lost their Philippine citizenship through naturalization in a foreign country.

How do I prove that I am a natural-born Filipino?

A former citizen of the Philippines shall enjoy the presumption that he/she is a natural-born Filipino, provided, that proof of Philippine citizenship is submitted. Any one of the following may be submitted:

1. NSO-copy of Birth Certificate;
2. Old Philippine Passport;
3. Voter’s Affidavit or voter’s identification card;
4. Marriage Contract indicating the Philippine citizenship of the applicant;
5. Such other documents that would show that the applicant is a former citizen of the Philippines as may be acceptable to the evaluating officer.

What is the procedure in applying and what documents are required in order to apply?

If in the Philippines, applicant shall present a copy of his/her Birth Certificate issued or duly-authenticated by the National Statistics Office (NSO) in Manila or if not available, any one of the following:

1. NSO-copy of Birth Certificate;
2. Old Philippine Passport;
3. Voter’s Affidavit or voter’s identification card;
4. Marriage Contact indicating the Philippine citizenship of the applicants; or
5. Such other documents that would show that the applicant is a former citizen of the Philippines as may be acceptable to the evaluating officer.

Applicant accomplishes form entitled “Petition for Dual Citizenship and Issuance of Identification Certificate (IC) pursuant to RA 9225” and attaches three (3) 2”x2” photographs with blue background;

He shall then take the Oath of Allegiance before the authorized officer of the Bureau. If the applicant is incapacitated to take the Oath before such Officer, he shall submit a written justification as to why such Oath was taken before another Administering Officers; and

If all the documentary requirements are complete, he shall then pay the corresponding fees as follows:

Principal applicant	– Php 2, 500 plus Php 500 express lane
Dependent	– Php 1, 250 plus Php 500 express lane

The application shall then be assigned to an evaluating officer. If approved, an identification Certificate shall be issued.

If abroad, an applicant may submit petition to the Philippine Consulate / Embassy together with the photos, birth certificate and a valid ID.

(Note: applicants who are married and who wish to use their married names must submit a copy of their marriage certificate).

Applicant is given the original copy of his notarized oath of allegiance together with an Order of Approval issued by the Philippine Consulate General. He shall likewise be issued an identification Certificate.

What is the implementing agency of RA 9225?

Administrative Order No. 91, Section 1 designates the Bureau of Immigration (BI), in consultation with the Department of Foreign Affairs (DFA), Department of Justice (DOJ), Office of the Civil Registrar-General of the National Statistics Office (NSO), as the implementing agency of RA 9225

Where do I apply for re-acquisition of Philippine Citizenship if I am in the Philippines?

If in the Philippines, an application shall be filed at the Bureau of Immigration.

Where do I apply for re-acquisition of Philippine Citizenship if I am overseas?

A former natural-born citizen who is abroad but is a BI-registered alien shall file a petition under oath to the nearest Philippine Embassy or Consulate for evaluation. Thereafter, the Embassy or Consulate shall forward the entire records to the Commissioner of Immigration for the cancellation of the ACR and issuance of an IC under RA 9225.

A former natural-born citizen who is abroad and is not a BI-registered alien shall file a petition under oath to the nearest Philippine Embassy or Consulate for the issuance of an IC under RA 9225.

What is the Oath of Allegiance?

The Oath of Allegiance is the final act that confers Philippine citizenship. It reads as follows:

“I,________________, solemnly swear that I will support and defend the Constitution of the Republic of the Philippines and obey the laws and local 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.”

Can the conferment of Philippine citizenship be revoked?

Philippine citizenship retained or re-acquired under RA 9225 may be revoked by competent authority upon a substantive finding of fraud, misrepresentation or concealment on the part of the applicant.

Can my foreign spouse also become a Filipino citizen under RA 9225?

No, the law does not apply to the foreign spouse. He/she has the following option if he/she wishes to reside permanently in the Philippines: (a) apply for naturalization; (b) apply for a permanent resident visa.

Whom among my dependents can apply for dual citizenship?

According to Section 4 of RA 9225 (Derivative Citizenship), the unmarried child, whether legitimate, illegitimate or adopted, below eighteen (18) years of age, of those who re-acquire Philippine citizenship under this Act shall be deemed citizens of the Philippines.

What is the procedure for derivative acquisition of Philippine citizenship?

The Petition of the principal shall include that of the dependent. A form for the dependent shall also be accomplished. He shall submit a copy of his dependent’s Birth Certificate and Foreign passport.

I acquired my foreign citizenship through marriage, can I apply for dual citizenship under RA 9225?

Yes, the law applies to former Filipino citizens who acquire their foreign citizenship by marriage.

After I have re-acquired Philippine citizenship, can I apply for a Philippine passport?

Yes, and so can the minor children who are deemed to have acquired Philippine citizenship under RA 9225.

What rights and privileges will dual citizens enjoy?

Those who retain or reacquire their Philippine Citizenship under RA 9225 shall enjoy full civil and political rights and be subject to all attendant liabilities and responsibilities under existing laws of the Philippines and the following conditions:

Those intending to exercise their right of suffrage must meet the requirements under Section 1, Article V of the Constitution, Republic Act No. 9189, otherwise known as “The Overseas Absentee Voting Act 0f 2003” and other existing laws.

Under the Act, the right to vote or be elected or appointed to any public office in the Philippines cannot be exercised by, or extended to, those who are candidates for or are occupying any public office in the country of which they are naturalized citizens and/or those who are in active service as commissioned or non-commissioned officers in the armed forces of the country which they are naturalized citizens.

Those seeking elective public office in the Philippines shall meet the qualifications for holding such public office as required by the Constitution and existing laws and, at the time of filing of the certificate of candidacy, make a personal and sworn renunciation of any and all foreign citizenship before any public officer authorized to administer an oath.

Those appointed to any public office shall subscribe and swear to an oath of allegiance to the Republic of the Philippines and its duly constituted authorities prior to their assumption of office: Provided, that they renounce their oath of allegiance to the country where they took that oath;

Can I now acquire land and other properties or engage in business?

Yes. As provided for under the 1987 Philippine Constitution, a Filipino citizen is entitled to purchase land and other properties and engage in business. There is no limit in terms of area or size of land or real property he/she could acquire/purchase under his/her name.

Can I now reside in the Philippines without having to apply for entry visa?

Former natural born Filipinos who have re-acquired Philippine citizenship may now reside in the Philippines continuously without having to apply for entry visa.

As a dual citizen, how long can I stay in the Philippines?

Having reacquired your citizenship, you can stay in the Philippines for as long as you want without having to pay any immigration fees. You can even choose to retire or permanently settle back in the Philippines. As a Filipino citizen, you are subject to duties and other obligations imposed on other ordinary Filipinos, such as paying the necessary community tax residence and other tax liabilities in accordance with the tax laws of the Philippines.

Will I now be required to pay income tax and other taxes? Am I exempt from paying the travel tax?

In accordance with existing laws, income earned in the Philippines is subject to the payment of tax. Filipinos who re-acquire citizenship and opt to reside and work in the Philippines will pay the income tax due at the end of each fiscal year. They are also subject to other obligations and liabilities, such as the community tax and residence tax.

Countries routinely forge bilateral agreements in order that their respective citizens who earn income overseas do not pay income tax twice.

Filipinos who have re-acquired citizenship, as long as they reside permanently overseas, also enjoy the travel tax exemption extended to Filipino citizens permanently residing in other countries, the OFWs and their dependents.

As a dual citizen, am I allowed to practice my profession in the Philippines (e.g. doctor) ?

Yes, provided that those intending to practice their profession in the Philippines shall apply with the proper authority for a license or permit to engage in such practice.

If I need to get more details on the rules and procedures for the implementation of RA 9225, which government office do I contact in the Philippines?

Under Administrative Order No. 92 Series of 2004 dated 12 January 2004, the Bureau of Immigration has been designated as the government agency in charge of formulating the rules and procedures for the implementation of Republic Act No. 9225. The contact details of Immigration Commissioner are as follows: Office of the Commissioner, Bureau of Immigration, Magallanes Drive, Intramuros, Manila, Philippines or the Office of the Special Task Force on Dual Citizenship (RA 9225) at telephone number 301-0756.

http://immigration.gov.ph/index.php?option=com_content&task=view&id=163&Itemid=83