Philippine Consulate General, Jeddah, K.S.A.

FAQs for Philippine Citizenship Retention and Re-acquisition (as of July 2010)

1. What is Republic Act No. 9225?

Republic Act No. 9225 is an Act making the citizenship of Filipinos who acquire
foreign citizenship permanent, amending for the purpose Commonwealth Act
No. 63.

RA 9225, which took effect on 17 September 2003, declares that former natural-
born Filipino citizens who acquired foreign citizenship through naturalization are
deemed not to have lost their Philippine citizenship under conditions provided in
the Act.

There former Filipinos can re-acquire/retain their Philippine citizenship by taking

the oath of allegiance to the Republic of the Philippines.

2. Who is a natural-born Filipino citizen?

Under the Philippine Constitution, a natural-born citizen is a person born of one

or both parents who are Filipino citizens at the time of birth.

3. Does the law RA 9225 apply to dual citizens?

4. RA 9225 does not apply to dual citizens, i.e., those who have both Philippine
citizenship as well as foreign citizenship not acquired through naturalization.

1. A child born of parents who are both Filipino citizens (at the time of birth)
in a country that adheres to the jus soli principle (e.g., the United States)
is a dual citizen. The child, who is a natural-born Filipino because the
Philippines adheres to the jus sanguinis principle, is also entitled to apply
for a US passport.

2. Jus soli (right of soil) is the legal principle that a person's nationality at
birth is determined by the place of birth (i.e., the territory of a given
state).

3. Jus sanguinis (right of blood) is the legal principle that, at birth, an

individual acquires the nationality of his/her natural parent/s.

4. A child born of one parent who is a Filipino citizen (at the time of birth)
and of one foreign parent (e.g., Australian) whose country adheres to the
 jus sanguinis principle is a dual citizen and is entitled to apply for both
Philippine and Australian passports.

5. A child born of one parent who is a Filipino citizen (at the time of birth)
and of one foreign parent (e.g, Australian) whose country adheres to the
jus sanguinis principle in a country that adheres to the jus soli principle
(e.g., US) would be entitled to apply for Philippine, Australian and US
passports.

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

A former natural-born citizen, who was born in the Philippines, shall submit the
NSO and DFA-authenticated copy of his or her birth certificate.

A former natural-born citizen, who was born abroad, shall present a copy of the
Report of Birth issued by the Philippine Embassy or Consulate and, in applicable
cases, the original copy of the Birth Certificate by competent foreign authorities.

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

a. Applicant shall present a copy of his/her Birth Certificate issued or duly-

authenticated by the National Statistics Office (NSO) and the Department
of Foreign Affairs (DFA) in Manila.

(Note: Applicants can request for an authenticated birth certificate from

the National Statistics Office on-line through the following website:
www.ecensus.com.ph)

In case of no records found, applicant must present a Certificate of Non-

Availability of Birth Record from the NSO and other secondary
documentary proof of being a former natural-born Filipino citizen (e.g.
old Philippine passport, baptismal certificate, marriage certificate of
applicant’s parents)
b. 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 showing the front, left side and
right side views of the applicant.

c. Applicant submits duly-accomplished 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).

d. Applicant pays a processing fee of US$ 50.00 and is assigned a schedule

for his/her oath of allegiance before a consular officer. Applicant takes
his/her oath.

e. Applicant is given the original copy of his notarized oath of allegiance

together with an Order of Approval issued by the Philippine Consulate
General.

f. The Philippine Consulate General forwards to the Bureau of Immigration

in Manila the petition, oath, order of approval, and other supporting
documents for issuance of an Identification Certificate.

g. The Bureau of Immigration issues an Identification Certificate (IC) and

forwards it to the applicant through the Philippine Consulate General.
. 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?

A former natural-born Filipino citizen who is already in the Philippines and

registered in the Bureau of Immigration shall file a petition under oath to the
Commissioner of Immigration for the cancellation of the Alien Certificate of
Registration (ACR) and issuance of an Identification Certificate (IC) as the case
may be, under RA 9225.

A former natural-born citizen who is already in the Philippines but has not
registered with the BI within 60 days from date of arrival shall file a petition
under oath to the Commissioner of Immigration for the issuance of an IC under
RA 9225.

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 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."

. Can the conferment of Philippine citizenship be revoked?

The conferment of Philippine citizenship under the IRR shall no longer be subject
to the affirmation by the Secretary of Justice. However, Philippine citizenship
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.

. Can my children (minor or aged 18 years old or over) also acquire Philippine
citizenship under RA 9225?

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.

A married child, although a minor, cannot therefore be included in the petition

of his/her parent.
 Children 18 years old and over do not qualify to acquire Philippine citizenship
under RA 9225. They have the same options that are open to the foreign spouse.

What is the procedure for derivative acquisition of Philippine citizenship?

The petition under oath has the option to list the names and details of any
minor, unmarried children. The applicant should include a copy of the Report of
Birth and the original copy of Record of Birth for each minor child.

The Embassy will clarify from Bureau of Immigration the exact procedure in case
of the minor children and whether the BI will issue to them a Certificate of
Identification.

. 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. You would need to comply with the requirements for
first-time passport applicants.

. 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:

a. 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.

b. 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.
 c. 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.

d. 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?

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. This right would now apply to former
natural-born Filipinos who have re-acquired Philippine citizenship under RA
9225.

. 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.
If the foreign spouse and/or child wish to also reside permanently in the
Philippines, they may opt to apply for naturalization as a Filipino citizen or apply
for a permanent resident visa.

If he/she does not wish to reside permanent in the Philippines, he/she could visit
the country as a Balikbayan (refers to a Filipino citizen who is out of the country
continuously for at least one year). The foreign spouse or child may enter the
country and stay for up to a year visa-free provided the spouse or child is
accompanying or traveling with the Balikbayan when the Balikbayan goes home
to the Philippines.

. 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 an 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)?

Under the law, 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 Alipio F. Fernandez
are as follows: Office of the Commissioner, Bureau of Immigration, Magallanes
Drive, Intramuros, Manila, Philippines. Tel. No. (63) 2 527-3265 / Fax No. (63-2)
527-3279

For your information:

ACR - Alien Certificate of Registration http://immigration.gov.ph/

CI- Identification Certificate
BI - Bureau of Immigration http://www.immigration.gov.ph
DOJ - Department of Justice http://www.doj.gov.ph
NSO - National Statistics Office http://www.census.gov.ph