In a broad legal sense, citizenship constitutes the formal bond of membership between an individual and a sovereign state, characterized by a reciprocal relationship of permanent allegiance and state protection. This status confers the fundamental “right to have rights,” granting access to a spectrum of civil, social, and political privileges within a state’s jurisdiction.
This article provides a definitive guide on the administrative process required for the retention and reacquisition of Philippine citizenship. It also examines the key provisions of the Citizenship Retention and Re-acquisition Act of 2003 (Republic Act No. 9225), which amended Commonwealth Act No. 63, and explores dual citizenship as its definitive legal consequence.
Understanding Philippine Citizenship
Under Section 1, Article IV of the 1987 Philippine Constitution, Philippine citizenship is primarily determined by bloodline (jus sanguinis) and covers those who are citizens at the time of the adoption of the Constitution, those born to Filipino fathers or mothers, those born before January 17, 1973, of Filipino mothers and who elect the citizenship upon reaching the age of majority, and those naturalized by law.
Pursuant to Section 2, natural-born citizens are those who are Philippine citizens from birth without having to perform any act to acquire or perfect their citizenship. By legal extension, this definition includes individuals who elect Philippine citizenship in accordance with Section 1(3). Furthermore, Filipinos who marry foreign nationals retain their citizenship unless they explicitly renounce it.
While the Constitution provides that citizenship may be lost or reacquired by law, it maintains a strict stance in Section 5, declaring dual allegiance—as opposed to mere dual citizenship—inimical to the national interest.
Loss and Reacquisition of Philippine Citizenship Under Commonwealth Act 63
The Commonwealth Act No. 63 is the 1936 foundational statute prescribing the specific acts and events resulting in the forfeiture of Philippine citizenship and the traditional, more rigorous modalities for its reacquisition. Notably, its restrictive effects on natural-born Filipinos were subsequently modified and expanded by the Citizenship Retention and Re-acquisition Act of 2003 (R.A. 9225).
Loss of Philippine Citizenship Under Philippine Law
Under Section 1 of Commonwealth Act No. 63, Philippine citizenship is forfeited through foreign naturalization, express renunciation, or subscribing to a foreign oath of allegiance upon reaching the age of majority.
Additional grounds for loss include accepting a foreign military commission, judicial cancellation of naturalization, or a declaration of desertion from the Philippine armed forces during wartime. While marriage to a foreign national historically resulted in the loss of citizenship if the spouse’s nationality was acquired, this is now subject to the retention provisions of the 1987 Constitution.
Reacquisition of Lost Philippine Citizenship (C.A. 63)
Pursuant to Section 2 of Commonwealth Act No. 63, Philippine citizenship may be legally reacquired through three primary modalities: naturalization, provided the applicant is free from statutory disqualifications; repatriation, specifically for military deserters or for women who lost their citizenship through marriage following the termination of such marital status; and by direct act of the National Assembly (Philippine Congress).
Citizenship Retention and Re-acquisition Act (R.A. 9225): New Legal Framework on Philippine Citizenship
The Citizenship Retention and Re-acquisition Act of 2003 (R.A. 9225), also known as the Philippine Dual Citizenship Act, is a landmark legislation that allows natural-born Filipinos who have lost their citizenship through naturalization in a foreign country to reacquire it. It effectively amended Commonwealth Act No. 63, creating a legal bridge for overseas Filipinos to reclaim their identity and rights without renouncing their foreign nationality.
Retention of Philippine Citizenship
Under Section 3 of R.A. 9225, natural-born Filipinos who acquire foreign citizenship after September 17, 2003 (i.e., the effective date of the amended legislation), are deemed not to have lost their Philippine citizenship, provided they take the required Oath of Allegiance. This provision effectively supersedes the automatic loss rule under C.A. 63 for post-effectivity naturalizations.
Reacquisition of Philippine Citizenship
Equally, those who were naturalized before the effective date of the amendment, and thus legally lost their citizenship under C.A. 63, may re-acquire Philippine citizenship by taking the same Oath of Allegiance (Section 3).
Derivative Citizenship
Another most significant provision, Section 4, extends Philippine citizenship to the unmarried, minor children (i.e., below 18 years old) of those who re-acquire or retain their citizenship. These include legitimate, illegitimate, and adopted children, provided they are included in the parents’ application.
Civil and Political Rights and Liabilities
Under Section 5, those who retain or reacquire Philippine citizenship enjoy full civil and political rights, subject to all corresponding duties and liabilities under Philippine law. For instance, the exercise of suffrage must comply with requirements under R.A. 9189. Those seeking elective or appointive public office must meet all legal qualifications and formally renounce any foreign citizenship, while professionals must secure proper licensure. However, political rights are withheld from individuals holding public office or serving in the armed forces of their country of naturalization.
Duran & Duran-Schulze Lawis a Bureau of Immigration (BI)-accredited law firm that provides professional assistance for the application for retention and reacquisition of Philippine citizenship under R.A. 9225.
How to Apply for Retention and Reacquisition of Philippine Citizenship
The administrative procedure for re-establishing Philippine citizenship under R.A. 9225 mandates a formal petition and a personal oath-taking.
1. Consult a Legal Expert.
Engaging a citizenship and immigration lawyer ensures a rigorous review of the petitioner’s eligibility under the “natural-born” criteria of the 1987 Constitution and provides the necessary clarity on the jurisdictional nuances of the Citizenship Retention and Re-acquisition Act (R.A. 9225), particularly regarding its implications on property rights and public office.
2. Prepare All Documentary Requirements.
Download the checklist from the Bureau of Immigration (BI) official website and comply with all the documentary requirements, which include the duly signed and notarized petition form, photographs, proof of natural-born Philippine citizenship, a valid foreign passport, a certificate of naturalization, and other additional documents for dependents.
3. File the Application for Pre-Screening.
Once the documents are ready, the petition may already be filed with the Central Receiving Unit (CRU) at the Bureau of Immigration (BI) Main Office in Manila, Philippines, or the nearest Philippine Embassy or Consulate, if abroad. This undergoes pre-screening, which entails initial assessment of the authenticity and sufficiency of documentation.
4. Take the Oath of Allegiance.
The formal administration of the Oath of Allegiance constitutes the definitive legal act that effects the retention or reacquisition of Philippine citizenship. This solemn declaration of loyalty must be performed in person before an authorized Philippine official. Here’s the actual oath:
”I_______________, solemnly swear (or affirm) 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.”
5. Pay the Applicable Fees.
After taking the oath, the petitioner must secure an Order of Payment Slip (OPS) and pay the statutory processing fees, typically totaling PHP 3,010 (inclusive of application, legal research, and express fees) or the foreign currency equivalent at overseas posts. It is recommended to check the BI official website or coordinate with the agency directly for the updated schedule of fees.
6. Monitor the Application Status.
Following the settlement of fees, the petition undergoes final evaluation and recording within the central database of the Bureau of Immigration (BI). Petitioners should also initiate monitoring and follow-up through its official website or direct agency communication.
7. Claim the Approval Documents.
The procedure concludes with the release of the Certificate of Retention/Re-acquisition of Philippine Citizenship, Order of Approval, Oath of Allegiance, and Identification Certificate (IC). These also serve as instruments to officially exempt the holder from all immigration restrictions and alien registration protocols.
8. Take the Next Steps.
After reacquiring or retaining Filipino citizenship, petitioners must then apply for a Philippine passport and update civil records, including reporting marriage or childbirth abroad. They may also apply for their foreign spouse’s 13(a) non-quota immigrant visa by marriage and register for overseas voting.
Dual Citizenship as a Legal Consequence of R.A. 9225
In a legal sense, dual citizenship refers to the status of an individual who is simultaneously recognized as a national of two sovereign states. While the 1987 Constitution declares“ dual allegiance” inimical to the national interest, the Supreme Court has clarified that dual citizenship is a technical status that does not automatically equate to dual allegiance.
Within the framework of R.A. 9225, dual citizenship is the legal state wherein a natural-born Filipino, after having been naturalized in a foreign country, performs the administrative act of taking an Oath of Allegiance to the Philippines, thereby retaining or reacquiring their original citizenship while maintaining their foreign status.
Types of Dual Citizenship (By Birth and By Naturalization)
In Philippine law, the distinction between being a dual citizen by birth and by naturalization is fundamental, as it determines whether an individual must perform a specific act—such as taking an oath—to be recognized as a Filipino citizen or for certain civil and political rights.
Dual Citizen by Birth (Involuntary)
Dual citizenship by birth arises from the concurrent application of the Philippine principle of jus sanguinis (citizenship by blood) and a foreign state’s principle of jus soli (citizenship by place of birth). Under the 1987 Constitution, such individuals are considered natural-born Filipinos from inception and do not lose their citizenship upon the acquisition of a foreign passport at birth. Consequently, they are not required to invoke R.A. 9225. Instead, they need only file a Report of Birth (ROB) with the Philippine Foreign Service to formally recognize their pre-existing status.
Dual Citizen by Naturalization (Voluntary)
Dual citizenship by naturalization occurs when a natural-born Filipino voluntarily acquires foreign citizenship through a formal legal process, an act that previously resulted in the automatic forfeiture of Philippine citizenship under C.A. 63. Under R.A. 9225, this lost status may be legally restored through an affirmative administrative act—specifically, the filing of a petition and the taking of an Oath of Allegiance. Unlike those who are dual citizens by birth, these individuals must actively “retain” or “re-acquire” their citizenship to rectify the prior legal divestment caused by their voluntary naturalization.
Dual Citizenship FAQs
For additional information and references, the following are the answers to the most frequently asked questions about dual citizenship:
1. Who is not eligible for dual citizenship under R.A. 9225? Only natural-born Filipinos are eligible for dual citizenship under R.A. 9225. Those who were naturalized as Filipinos and later acquired another citizenship are not qualified.
2. What is the difference between retention and reacquisition Retention applies to those naturalized after the effectivity of R.A. 9225 (September 17, 2003), as they are deemed to have never lost their citizenship. Reacquisition applies to those naturalized prior to this date who must recover status lost under CA 63. Both pathways require the same administrative procedure and oath.
3. Who does not need to apply for the reacquisition of Philippine citizenship? Filipinos who acquired foreign citizenship other than by naturalization do not need to apply under R.A. 9225, including those who became citizens through marriage or were born as dual citizens under jus soli or jus sanguinis. However, dual citizens by birth must still file a Report of Birth with the nearest Philippine Embassy or Consulate.
4. What other important issues must be considered before applying for dual citizenship? Before applying for dual citizenship, consideration must be given to the possible loss of citizenship in the other country of naturalization, as well as the potential limitation of diplomatic and consular protection under international law. Attention should also be given to possible conflicting legal obligations, including taxation, allegiance, and compulsory military service in both countries.
5. What are the implications on payment of income taxes? Under the Tax Reform Act of 1997 (R.A. 8424), income earned abroad by non-resident Filipinos, including those who have reacquired Philippine citizenship, is exempt from Philippine income tax. However, income earned within the Philippines remains taxable, and dual citizens classified as resident citizens are liable for Philippine income tax on both local and foreign-sourced income. Agreements with other countries help prevent double taxation.
6. Can a dual citizen reside in the Philippines without a visa? Former natural-born Filipinos who have reacquired Philippine citizenship may reside in the Philippines indefinitely without a visa. Foreign spouses and children seeking permanent residence may apply for naturalization or a permanent resident visa.
7. Is residency required for dual citizens? Residency in the Philippines is not a requirement for those who reacquire Philippine citizenship. However, those who intend to vote in local elections must establish residence in the locality where they wish to vote.
For legal consultations and service inquiries regarding applications for retention and reacquisition of Philippine citizenship under R.A. 9225 (dual citizenship), call us at (02) 8478-5826 (landline) or +639171940482 (mobile), or email info@duranschulze.com.
