Thursday, April 7, 2011

Dual Citizenship for Natural-Born Filipino Citizens (Part 2)


Following are the rights and privileges, as well as the obligations of a dual citizen under RA 9225

      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:

1)   Right of Suffrage. 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.


2)     Right to be elected. 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.


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.

3)     Right to be appointed. 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.

4)     Right to acquire land. As provided for under the 1987 Philippine Constitution, a Filipino citizen is entitled to purchase land and other properties.  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 reacquired Philippine citizenship under RA 9225.

5)     Right to engage in business. As provided for under the 1987 Philippine Constitution, a Filipino
citizen is entitled to engage in business.

6)     Residency right. 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.

      Having reacquired citizenship, one can stay in the Philippines for as long as he/she wants without having to pay immigration fees. One can even choose to retire or permanently settle back in the Philippines.

8)     Duty to pay taxes. One who reacquires Filipino citizenship is 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.

      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.

      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.

9)     Practice of profession. 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.

Contact details:
Office of the Commissioner
Bureau of Immigration
Magallanes Drive, Intramuros
 Manila, Philippines.
Tel. No. (63) 2 527-3265
 Fax No. (63-2) 527-3279

Sources,

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