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CITIZENSHIP RETENTION AND RE-ACQUISITION
“REPUBLIC ACT NO. 9225”
Sec 4. DERIVATIVE CITIZENSHIP - The unmarried child, whether legitimate, illegitimate or adopted, below eighteen (18) years of age, of those who re-acquire Philippine citizenship upon effectivity of this Act shall be deemed citizens of the Philippines.
Sec 5. CIVIL AND POLITICAL RIGHTS AND LIABILITIES - Those who retain or re-acquire Philippine citizenship under this Act 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:
(a) are candidates for or are occupying any public office in the country of which they are naturalized citizens; and/or
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:
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:
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:
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.
What is the Oath of Allegiance?
The Oath of Allegiance is the final act that confers Philippine citizenship. It reads as follows:
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:
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.
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.
RA 9225 schedule of charges: