Monday, March 30, 2009

FAQ for former Natural-born Filipinos intending to reacquire Philippine citizenship

Overview

What is Republic Act 9225 and its Implementing Rules and Regulations?

Republic Act 9225, otherwise known as the “Citizenship Retention and Reacquisition Act of 2003,” is a law giving former natural-born Filipino citizens who have acquired foreign citizenship, an opportunity to retain or reacquire their Filipino citizenship subject to certain conditions.

Former natural-born Filipinos who undertake steps to retain or reacquire their Filipino citizenship under this law are deemed not to have lost their Filipino citizenship.

When did Republic Act 9225 take effect?

It took effect on September 17, 2003.

Who are covered in this law?

Only former natural-born Filipino citizens who have acquired foreign citizenship through naturalization are included in this law.

Natural born citizens are those born of one or both parents who are Filipino citizens at the time of birth.

Process of retaining or re-acquiring Philippine citizenship

What should I do to retain/re-acquire Philippine citizenship?


To retain/reacquire Philippine citizenship, you should file a petition under oath, take an oath of allegiance to the Philippines and pay the proper filing fees, with the Commissioner of Immigration if you are already in the Philippines or with the nearest Philippine foreign post if you are living abroad.

What documents should I prepare?


(1) Duly-accomplished Petition for Dual Citizenship and Issuance of Identification Certificate pursuant to RA 9225. Form available at the Bureau of Immigration website.
(2) Signed Oath of Allegiance
(3) NSO-authenticated copy of your birth certificate or Report of Birth issued by Philippine foreign post of the applicant and his/her children, if applicable
(4) Birth certificate issued by competent foreign authorities of the applicant and his/her children, if applicable
(5) Three recent 2 x 2 photographs (front, right side and left side views over white background)

How much is the filing fee?

For those filing in the Philippines, the fee is PhP2,500
If filing abroad, the fee is US$25


Effects of retaining or re-acquiring Philippine citizenship pursuant to RA 9225


What is the general effect of reacquiring Philippine citizenship?


You will enjoy full civil and political rights and be subject to all attendant liabilities and responsibilities existing under Philippine laws, under certain conditions affecting voting rights, election to public office, appointment to public office and practice of profession.

Therefore, when you reacquire your Filipino citizenship, you will enjoy all rights and take on all duties as a citizen. The limitations are only those surrounding your right to vote, your taking on public office or appointive public positions and your practice of your profession.

Can I vote?

Yes, if you must meet the requirements of R.A. 9189, otherwise known as “The Overseas Absentee Voting Act of 2003,” and other existing laws. Articles on RA 9189 will be posted soon.

No, if you are a candidate for or are occupying any public office in the country of which you are a naturalized citizen or you are in active service as commissioned or non-commissioned officer in the armed forces thereof.

Can I run for public office or hold a public appointive position?


Yes, if you meet the qualifications in holding such public office but you must first renounce any or all foreign citizenship before any public officer authorized to administer oath.

Can I practice my profession?

Yes, but you must first apply with the proper authority for permit or license to engage in such profession.

Can I acquire properties in the Philippines?


Yes. Articles on acquiring properties in the Philippines will be posted later.

Do I need to pay Philippine taxes?


Yes.

Non-resident citizens are taxed on all income earned in the Philippines.

Resident citizens are taxed on all income earned in the Philippines and overseas. (Sec. 24, Republic Act 8424, The Tax Reform Act of the Philippines)

Note however, that the Philippines has forged bilateral tax treaties with a number of countries. If you are a naturalized citizen of any of such countries you may be protected from double taxation. Articles on double taxation will be posted later.

Will my children become Filipino citizens?


Yes, if they are unmarried and below 18 years of age.

Will my foreign spouse become a Filipino citizen?

No. He/She has to undergo naturalization proceedings if he/she wants to become a citizen.

What other important issues should I consider before reacquiring Philippine citizenship pursuant to Republic Act 9225?

(1) Possible loss of citizenship in the country of which you are a naturalized citizen
(2) Diplomatic and consular protection when abroad
(3) Conflicting obligations to the countries of which you are a national
(4) Military service

More discussion on the issues outlined above will be posted later. Please check this site often. Thanks!




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About This Blog

This site has been created in response to a clamor by Filipinos to understand better the effect of opting to become a dual citizen or multi-citizen through RA 9225, otherwise known as the “Citizenship and Re-acquisition Act of 2003.” Therefore, all site content are for information purposes only.


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The contents of this site should not be considered as legal advice.

I endeavor to provide cohesive, timely and easily comprehensible information in the service of the Philippines and the Filipinos. Your comments, corrections and suggestions to improve the site and its contents are then very much welcome.

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