June 25, 2017

Dual Citizenship

RETENTION AND RE-ACQUISITION OF PHILIPPINE CITIZENSHIP UNDER RA 9225 (DUAL CITIZENSHIP)

Dual Citizenship

Republic Act 9225 (RA 9225) or the Citizenship Retention and Re-acquisition Act of 2003 (more popularly known as the Dual Citizenship Law) allows natural-born Filipinos who have become naturalized citizens of another country to retain or re-acquire their Filipino citizenship.  Upon reacquiring Philippine citizenship, the citizens shall enjoy full civil and political rights as Filipinos, subject to certain conditions.

Derivative Citizenship

Under the principle of derivative citizenship, unmarried children under eighteen (18) years of age of those who reacquired Philippine citizenship are also deemed Filipino citizens.

A child who is eighteen (18) years of age or older at the time of the parents’ reacquisition of Philippine citizenship, but was born when either parent was still a Filipino citizen, is considered a natural born Filipino and may apply for reacquisition of Philippine citizenship.

Natural-born Filipino Citizens

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

  • Those whose fathers or mothers are Filipino citizens at the time of their birth; and
  • Those born before January 17, 1973, of Filipino mothers, who elect Philippine citizenship upon reaching the age of majority.

Rights and privileges upon reacquiring Philippine citizenship

Those who reacquire Filipino citizenship under RA 9225 may enjoy full civil, economic and political rights under existing laws of the Philippines.  Among these are:

  • The right to travel with a Philippine passport
  • The right to own real property in the Philippines
  • The right to engage in business and commerce as a Filipino
  • The right to practice one’s profession, provided that a license or permit to engage in such practice is obtained from the Professional Regulatory Commission (PRC), or the Supreme Court in the case of lawyers.

Dual citizens may also vote overseas in Philippine national elections (for President, Vice President, Senators and sectoral representatives) in accordance with the provisions of the Overseas Absentee Voting Act of 2003.

BASIC REQUIREMENTS:

  1. Accomplished Petition for Retention/Re-acquisition of Philippine Citizenshipunder R.A. 9225in 2 originals

 NOTE: Only former natural-born Philippine citizens who lost their Philippine citizenship by reason of naturalization as citizens of a foreign country may apply for re-acquisition under Republic Act 9225, and only unmarried, minor children may be included as beneficiaries.  If the petitioner-applicant is registered as an alien with the Bureau of Immigration, he/she must include in his/her Petition a request for the cancellation of his/her ACR, and ICR or CRTV.

  1. Four (4) recent passport-size photos (4.5 x 3.5 cm; front view) with royal blue background
  1. Philippine birth certificate issued on PSA security paper and authenticated by the Department of Foreign Affairs* – plus 2 photocopies

NOTE: If the petitioner was born abroad, “Philippine birth certificate” refers to the Report of Birth filed abroad.

  1. Old/Latest Philippine passport – original* (if available) plus 2 photocopies of the data page
  1. Marriage Certificate (Only for female applicants using married surname)
  • If married in the Philippines: Marriage certificate printed on PSA security paper and authenticated by the DFA* – plus 2 photocopies
  • If married in a foreign country: Marriage certificate with English translation* – plus 2 photocopies
  1. Certificate of Naturalization, with English translation – original* plus 2 photocopies. (In the absence of the certificate, the applicant may submit an affidavit explaining the circumstances by which the foreign citizenship was acquired.)
  1. Current foreign passport – original* plus 2 photocopies of data page

ADDITIONAL REQUIREMENTS:

I. For each unmarried minor child included in the Petition:

  1. Birth certificate with English translation – original* plus 2 photocopies
  2. Foreign passport – original* plus 2 photocopies of data page
  3. Four (4) recent passport-size photos with royal blue background

NOTE: Minor children who (1) were born at the time when their parent/s was/were still a Philippine citizen/s and (2) obtained foreign citizenship as a result of the naturalization of their parent/s in a foreign country do NOT have to be included in the petition for re-acquisition of Philippine citizenship under R.A. 9225.

  1. In case of a discrepancy between the petitioner’s name in his/her Philippine birth

     certificate and in his/her foreign passport and other documents, submit:

  1. Affidavit of Explanation of Discrepancy in Name
  2. Two (2) public or private documents in support of the affidavit, showing the correct name – original* plus 2 photocopies
  1. If the petitioner and his/her minor child/children are registered aliens in the Philippines, submit:
  1. Alien Certificate of Registration (ACR) or I-Card – original** plus 2 photocopies
  2. Immigrant Certificate of Residence (ICR) or Certificate of Residence for Temporary Visitors (CRTV) – original** plus 2 photocopies

*The originals of the following documents will be returned to the petitioner after inspection: authenticated Philippine birth certificate, old/latest Philippine passport, marriage certificate, certificate of naturalization, and foreign passport/s.

**If the petition for retention/re-acquisition of Philippine citizenship is approved, the originals of the ACR and ICR/CRTV will no longer be returned. They will be transmitted to the Bureau of Immigration for cancellation.

After the Petition is evaluated and approved, the petitioner is assigned a schedule for his/her oath-taking. After taking the Oath of Allegiance to the Republic of the Philippines, he/she will be issued a Certificate of Retention/Re-acquisition of Philippine Citizenship and will be given an original each of: (a) his/her notarized Oath of Allegiance and (b) the Order of approval issued by the Philippine Embassy. Unmarried minor children included in the Petition will be issued their own Certificate of (Derivative) Retention/Re-acquisition of Philippine Citizenship.