Republic Act No. 9225 or the Citizenship Retention and Re-acquisition Act of 2003, is a law that grants natural-born Filipinos who lost their citizenship through naturalization in a foreign country, the opportunity to retain or re-acquire their Filipino citizenship.
NATURAL-BORN CITIZENS DEFINED
Natural-born citizens are those who are citizens of the Philippines from birth without having to perform any act to acquire or prefect their Filipino citizenship.
- Those whose fathers or mothers are citizens of the Philippines at the time of birth; and,
- Those born before 17 January 1973 of Filipino mothers, who chose Filipino citizenship at the age of majority.
PROOF OF FILIPINO CITIZENSHIP
If the applicant was born in the Philippines and acquired foreign citizenship through naturalization, he should submit NSO-authenticated copy of his birth certificate.
If the applicant was born abroad and acquired foreign citizenship by territory (jus soli), he should submit a copy of the Report of Birth or Birth Registration issued by the Philippine Embassy or Consulate and, if necessary, the original copy of the Birth Certificate issued by the Registry Office or equivalent government office in the country of citizenship.
DUAL OR MULTIPLE CITIZENSHIP
Prior to the making of R.A. 9225, some Filipinos obtained dual citizenship through the Nationality Laws of the Philippines and other foreign countries.
A child born in the United States of America (USA) of Filipino parents is an American citizen under the American Law; and, is a Filipino citizen under the Philippine law. The child’s American citizenship is derived from the principle of jus soli or right of place. While his Filipino citizenship is derived from the principle of jus sanguinis or right of blood. The child however, does not fully exercise his rights as a dual citizen in either country.
Consequently, the enactment of R.A. 9225 gives the child the right to obtain his parent’s citizenship or regain his ancestral citizenship, and entitles him to exercise his rights as a Filipino citizen without losing his foreign citizenship. It is, thus, possible for Filipinos to hold dual citizenship by birth.
As interpreted, a child of a Filipino citizen (at the time of birth) and of a foreign citizen (e.g. British) born in Britain, who adheres to the jus sanguinis principle, is a dual citizen and is allowed to acquire both Filipino and British passports.
Nevertheless, a child of a Filipino citizen (at the time of birth) and of a foreign citizen (e.g. Australian) whose country adheres to the jus sanguinis principle, born in a foreign country (e.g. USA) who adheres to the jus soli principle can acquire Filipino, Australian and American passports.
EFFECT OF DUAL CITIZENSHIP
A natural-born Filipino who obtained foreign citizenship through naturalization will not lose his current citizenship upon re-acquisition of Filipino citizenship, under the provisions of this Act.
OATH OF ALLEGIANCE
The Oath of Allegiance is the final act that grants Filipino 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 recognise 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.”
REASON FOR CANCELLATION
The granting of Filipino citizenship under the Implementing Rules and Regulations (IRR) of this Act is not subject to the confirmation of the Secretary of Justice. However, it can be revoked by any legal authority if obtained through fraudulence, misrepresentation or deception.