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,

www.immigration.gov.ph

www.gov.ph

Dual Citizenship for Natural-Born Filipino Citizens (Part 1)

Under the Dual Citizenship law or RA 9225 dated August 29, 2003, former natural-born Filipino citizens who have acquired foreign citizenship through naturalization are deemed not to have lost their Philippine citizenship under certain conditions.

1)     A natural-born citizen is a person born of one or both parents who are Filipino citizens at the time of birth.

2)     Dual Citizens. RA 9225 does not apply to dual citizens or those who have both Philippine citizenship as well as foreign citizenship not acquired through naturalization.

Examples:

a. 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 sanginis principle, is also entitled to apply for a US passport. 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). Jus sanguinis (right of blood) is the legal principle that, at birth, an individual acquires the nationality of his/her natural parent/s.

d. 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.

e. 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.

3)     Procedure (Outside of the Philippines). A former natural-born citizen who is abroad but is a Bureau of Immigration (BI)-registered alien desiring to apply for dual citizenship 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.

A former natural-born citizen who is abroad and is not a BI-registered alien desiring to apply for dual citizenship shall file a petition under oath to the nearest Philippine Embassy or Consulate for the issuance of an Identification Certificate (IC).

Following are the procedures and the documents required in applying for Dual Citizenship:

a. Person applying for dual citizenship shall present a copy of his/her Birth Certificate issued or duly-authenticated by the National Statistics Office (NSO) 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 and parents)

b. Person applying for dual citizenship shall accomplish the form entitled Petition for Dual Citizenship and Issuance of Identification Certificate (IC) and attaches three (3) 2x2 photographs showing the front, left side and right side views of the applicant.

c. Applicant shall submit a 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 shall pay 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 will be 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 will forward 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 shall issue an Identification Certificate (IC) and will forward it to the applicant through the Philippine Consulate General.

4)     Procedure (Inside 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. 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.

5)     Proof of being a natural-born citizen. A former natural-born citizen, who was born in the Philippines, needs to submit the NSO-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)     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."

7)     Foreign Spouse. RA 9225 does not apply to the foreign spouse   . He/she has the following option of applying for naturalization of permanent resident visa if he/she wishes to reside permanently in the Philippines.

8)     Derivative Citizenship. Unmarried child, whether legitimate, illegitimate or adopted, below eighteen (18) years of age, of those who re-acquire Philippine citizenship 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.

Petitioner, with minor and unmarried children, has the option to list the names and details of such children in his/her petition under oath. The applicant should include a copy of the Report of Birth and the original copy of Record of Birth for each minor child.

The process for the application of dual citizenship is made simple and easy for former natural born Filipino citizen desiring to bond again or rejoin ties with their motherland and its cultural heritage.

Please go to Part 2 of this blog which contains the rights and privileges and obligations of a dual citizen.

Sources

      http://www.immigration.gov.ph

http://www.gov.ph