Philippines RA 9225 Implementing Rules and Regulations

MEMORANDUM CIRCULAR No. AFF-04-01
RULES GOVERNING PHILIPPINE CITIZENSHIP UNDER REPUBLIC ACT (R.A.) NO.
9225 AND ADMINISTRATIVE ORDER (A.O.) NO. 91, SERIES OF 2004

WHEREAS, R.A. No. 9225 declares that natural-born citizens of the Philippines
who become citizens of another country shall be deemed not to have lost their
Philippine citizenship under conditions therein;

WHEREAS, A.O. No. 91, Section 2 authorizes the BI to promulgate and issue rules
and regulations to implement R.A. No. 9225;

WHEREFORE; by authority of A.O. No. 91 Section 2 in relation to Commonwealth
Act No. 613, Section 3, as amended, the following rules are hereby adopted to carry out the provisions of R.A. No. 9225.

Section 1. Coverage. These rules shall apply to former natural-born citizens of the
Philippines, as defined. By Philippine law and jurisprudence, who have lost their
Philippine citizenship by reason of their naturalization as citizens of a foreign country.

Section 2. Former natural-born Philippine citizen already in the Philippines and BI-
registered alien. A former natural-born citizen of the Philippines who is already in the Philippines and registered in the BI shall file a petition under oath to the Commissioner of Immigration for the cancellation of Alien Certificate of Registration (ACR) and issuance of an Identification Certificate (IC), as the case may be, under R.A. No. 9225.

Section 3. Former natural-born Philippine citizen who is abroad but a BI-registered
alien. A former natural-born citizen of the Philippines who is abroad but is a BI-
registered alien shall file a petition under oath to the nearest Philippine Foreign Post for evaluation. Thereafter, it shall forward the entire records to the Commissioner of Immigration for the cancellation of Alien Certificate Registration (ACR) and issuance of an IC under R.A. No. 9225.

Section 4. Former natural-born Philippine citizen already in the Philippines and
not a BI-registered alien. A former natural-born citizen of the Philippines who is
already in the Philippines but has not registered with the BI within sixty (60) days from date of his arrival shall file a petition under oath to the Commissioner of Immigration for the issuance of an IC under R.A. No. 9225.

Section 5. Former natural-born Philippine citizen who is abroad and not a BI-
registered alien. A former natural-born of the Philippines who is abroad and is not a
BI-registered alien shall file a petition under oath to the nearest Philippine Foreign Post for the issuance of an IC under R.A. No. 9225.

Section 6. Forwarding address. Photographs. In all petitions under Section 2 to 5
hereof, the applicant must indicate his or her latest forwarding address. Three (3) recent 2 x 2 photographs of the applicant (front, left side, and right side views over white background) shall be attached to the petition.

Section 7. Fees. Each applicant under these Rules shall pay a one-time fee for the
processing of the application and issuance of the corresponding IC. Applicants already in the Philippines shall attach the official receipt for the amount
of P2,500.00 as proof of payment of processing fee. Applicants who are abroad shall
attach the official receipt for the amount of US$50 or its equivalent in foreign currency acceptable to the Philippine Foreign Post concerned.

Section 8. Proof as natural-born citizen of the Philippines. A former natural-born
citizen of the Philippines who was born in the Philippines, shall submit the NSO-
authenticated copy of his or her birth certificate. On the other hand, a former natural-born citizen of the Philippines, who was born abroad, shall submit the original copy of the Report of Birth issued by the Philippine Foreign Post and in applicable cases, the Birth Certificate issued by competent foreign authorities. These documents shall be sufficient to establish that the applicant is a natural-
born citizen of the Philippines for purposes of these Rules.

Section 9. Submission of the Oath of Allegiance - Applicants under these Rules shall
also sign and attach an Oath of Allegiance to the Republic of the Philippines as follows:

"I (name of applicant) 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."

Section 10. Strict compliance. Effect of non-compliance. All petitions must strictly
comply with the preceding requirements prior to filing at the Office of the Commissioner or at the nearest Philippine Foreign Post, as the case may be. After the filing of the petition, the same shall be assigned to an evaluating officer who shall evaluate the petition without further proceedings. In the case of petitions that do not comply with the requirements, the applicant shall be notified to submit the required documents within thirty (30) days from receipt thereof. Otherwise, the petition shall not be favorably acted upon by the Bureau of Immigration or by the Philippine Foreign Post. If after evaluation, the documents submitted fail to establish that the applicant is a natural-born citizen of the Philippines, the applicant shall be notified of such fact in writing by the Commissioner of Immigration or by the Philippine Foreign Post.

Section 11. Approval Procedures. If the petition is found to be sufficient in form and in substance, the evaluating officer shall submit the findings and recommendation to the Commissioner of Immigration or Consul-General, as the case may be, within five (5) days from date of assignment.

For applications filed under Sections 2 and 4 of these Rules, the Commissioner of
Immigration shall issue, within five (5) days from receipt thereof, an Order of Approval indicating that the petition complies with the provisions of R.A. No. 9225 and its IRR, and further direct the Chief of the Alien Registration Division (ARD) to cancel the subject ACR and/or to issue the corresponding IC to the applicant.
Each cancelled ACR shall, however, be attached to the Order of Approval to form part
of the records of the applicant. For applications filed under Section 3 and 5 of these Rules, the Consul-General shall issue, within five (5) days from receipt thereof, the Order of Approval indicating that the petition complies with the provisions of R.A. No. 9225 and its IRR. He shall then transmit copies of the Order of Approval, Oath of Allegiance, including the authenticated Record of Birth or Birth Certificate to the BI. Immediately upon receipt thereof, the BI shall issue the corresponding IC to the applicant and forward the same to the Philippine Foreign Post concerned. If the applicant is a BI-registered alien, the BI shall also cancel
the subject ACR.

Section 12. Conferment of Philippine citizenship. Conditions. Subject to full
compliance with these Rules, the Oath of Allegiance shall be the final act that confers Philippine citizenship. In case the applicant is abroad, only the Consul General or a duly commissioned foreign service officer of the Philippine Foreign Post concerned shall administer the Oath of Allegiance. The Oath of Allegiance shall thereafter be registered in accordance with the provisions of the Civil Registry laws.

Section 13. Repository of Records. The BI Records Section shall maintain the
integrity of all the documents filed under these Rules. It shall send official copies of the Order of Approval and Oath of Allegiance to the NSO.

Section 14. Copies for the Applicant. Identification Certificate. Correction of
errors. The applicant shall be provided with an official copies of the Order of Approval and the Oath of Allegiance. Further, all IC s issued under these Rules shall indicate Philippine citizenship under R.A. No. 9225 and A.O. No. 91, s. 2004. Any clerical error or errors in the entries of the IC may be corrected, upon written request to and approval by the Commissioner of Immigration. The NSO shall be promptly provided with a copy of the corrected IC.

Section 15. Confidentiality of Records. Any application, document of information
given before the Bureau of Immigration or any Philippine Foreign Post shall not be
divulged in any manner to any person or entity without the express written consent of
the person to whom such application, record of information belongs.

Section 16. Other beneficiaries of R.A. No. 9225. This memorandum circular shall
equally apply to the unmarried child, whether legitimate, illegitimate or adopted, below eighteen (18) years of age, of those who re-acquire Philippine citizenship upon the effectivity of R.A. No. 9225.

Section 17. Exemption from administrative review. Limitations. The conferment of
Philippine citizenship under these Rules shall no longer be subject to the affirmation by the Secretary of Justice pursuant to DOJ Policy Directive of 7 September 1970 and Opinion No. 108, s. 1996. However, Philippine citizenship under these Rules may be revoked by competent authority upon a substantive finding of fraud, misrepresentation or concealment on the part of the applicant.

Section 18. Effectivity. This memorandum circular takes effect fifteen (15) days after its publication in two (2) newspapers of general Circulation.