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#1 HAWK

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Posted 15 April 2006 - 07:54 PM

Frequently Asked Questions


What is Republic Act No. 9225?

Republic Act No. 9225 is an Act making the citizenship of Filipinos who acquire foreign citizenship permanent, amendin for the purpose Commonwealth Act No. 63.

RA 9225, which took effect on 17 September 2003, declares that former natural-born Filipino citizens who acquired foreign citizenship through naturalisation are deemed not to have lost their Philippine citizenship under conditions provided in the Act.

There former Filipinos can re-acquire/retain their Philippine citizenship by taking the oath of allegiance to the Republic of the Philippines.



Who is a natural-born Filipino citizens?

Under the Philippine Constitution, a natural-born citizen is a person born of one or both parents who are Filipino citizens at the time of birth.



Does the law RA 9225 apply to dual citizens?

RA 9225 does not apply to dual citizens, ie, those who have both Philippine citizenship as well as foreign citizenship not acquired through naturalisation.


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 (eg, 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 (ie, 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.


A chld born of one parent who is a Filipino citizen (at the time of birth) and of one foreign parent (eg, Australian) whose country adheres to the jus sanguinis principle is a dual citizen and is entitled to apply for both Philippine and Australian passports.


A child born of one parent who is a Filipino citizen (at the time of birth) and of one foreign parent (eg, Australian) whose country adheres to the jus sanguinis principle in a country that adheres to the jus soli principle (eg, US) would be entitled to apply for Philippine, Australian and US passports.




How do i prove that I am a natural-born Filipino?

A former natural-born citizen, who was born in the Philippines, shall 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.



What is the procedure in applying and what documents are required in order to apply?


Applicant 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’s parents)


Applicant accomplishes form entitled “Petition for Dual Citizenship and Issuance of Identification Certificate (IC) pursuant to RA 9225” and attaches three (3) 2”x2” photographs showing the front, left side and right side views of the applicant.


Applicant submits 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).


Applicant pays 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.


Applicant is given the original copy of his notarized oath of allegiance together with an Order of Approval issued by the Philippine Consulate General.


The Philippine Consulate General forwards to the Bureau of Immigration in Manila the petition, oath, order of approval, and other supporting documents for issuance of an Identification Certificate.


The Bureau of Immigration issues an Identification Certificate (IC) and forwards it to the applicant through the Philippine Consulate General.



What is the implementing agency of RA 9225?

Administrative Order No. 91, Section 1 designates the Bureau of Immigration (BI), in consultation with the Department of Foreign Affairs (DFA), Department of Justice (DOJ), Office of the Civil Registrar-General of the National Statistics Office (NSO), as the implementing agency of RA 9225



Where do I apply for re-acquisition of Philippine Citizenship if I am in 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 Certicate of Registration (ACR) and issuance of an Identification Certificate (IC) as the case may be, under RA 9225.

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 under RA 9225.



Where do I apply for re-acquisition of Philippine Citizenship if I am overseas?

A former natural-born citizen who is abroad but is a BI-registered alien 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 under RA 9225.

A former natural-born citizen who is abroad and is not a BI-registered alien shall file a petition under oath to the nearest Philippine Embassy or Consulate for the issuance of an IC under RA 9225.



What is the 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."



Can the conferment of Philippine citizenship be revoked?

The conferment of Philippine citizenship under the IRR shall no longer be subject to the affirmation by the Secretary of Justice. However, Philippine citizenship may be revoked by competent authority upon a substantive finding of fraud, misrepresentation or concealment on the part of the applicant.



Can my foreign spouse also become a Filipino citizen under RA 9225?

No, the law does not apply to the foreign spouse. He/she has the following option if he/she wishes to reside permanently in the Philippines: (a) apply for naturalisation; (:) apply for a permanent resident visa.



Can my children (minor or aged 18 years old or over) also acquire Philippine citizenship under RA 9225?

According to Section 4 of RA 9225 (Derivative Citizenship), the unmarried child, whether legitimate, illegitimate or adopted, below eighten (18) years of age, of those who re-acquire Philippine citizenship under this Act 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.



What is the procedure for derivative acquisition of Philippine citizenship?

The petition under oath has the option to list the names and details of any minor, unmarried children. The applicant should include a copy of the Report of Birth and the original copy of Record of Birth for each minor child.

The Embassy will clarify from Bureau of Immigration the exact procedure in case of the minor children and whether the BI will issue to them a Certificate of Identification.



After I have re-acquired Philippine citizenship, can I apply for a Philippine passport?

Yes, and so can the minor children who are deemed to have acquired Philippine citizenship under RA 9225. You would need to comply with the requirements for first-time passport applicants.



What rights and privileges will dual citizens enjoy?

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:


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.


Under the Act, 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.


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.


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;




Can I now acquire land and other properties or engage in business?

As provided for under the 1987 Philippine Constitution, a Filipino citizen is entitled to purchase land and other properties and engage in business. 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 re-acquired Philippine citizenship under RA 9225.



Can I now reside in the Philippines without having to apply for entry visa?

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 naturalisation 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 travelling with the Balikbayan when the Balikbayan goes home to the Philippines.



As a dual citizen, how long can I stay in the Philippines?

Having reacquired your citizenship, you can stay in the Philippines for as long as you want without having to pay an immigration fees. You can even choose to retire or permanently settle back in the Philippines. As a Filipino citizen, you are 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.



Will I now be required to pay income tax and other taxes? Am I exempt from paying the travel tax?

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. They are also subject to other obligations and liabilities, such as the community tax and residence tax.

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.



As a dual citizen, am I allowed to practice my profession in the Philippines (e.g. doctor) ?

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.



If I need to get more details on the rules and procedures for the implementation of RA 9225, which government office do I contact in the Philippines?

Under Administrative Order No. 92 Series of 2004 dated 12 January 2004, the Bureau of Immigration has been designated as the government agency in charge of formulating the rules and procedures for the implementation of Republic Act No. 9225. The contact details of Immigration Commissioner Alipio F. Fernandez are as follows: Office of the COmmisioner, Bureau of Immigration, Magallanes Drive, Intramuros, Manila, Philippines. (Tel. No. (63)2 527-3265 / Fax No. (63-2) 527-3279)

#2 freedom

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Posted 24 August 2006 - 08:48 AM

hi... if i will hold unto my citizenship (filipino) and yet im married to a US Citizen, what are the chances that my children will have a dual citizenship?? will id be able to hold dual citizenship too becuse im married to an american?? were planning to retire to the philippines for at least half the year when he retired from work.. and if i denouce my citizenship (filipino) theres no way i can acquire a property there in the philippines under my name.. thats what were planning to do,,hold unto my citizenship and later we retire to the philippines from time to time.. what are the odds?? the disadvatages or the advantages both ways?? please any help will eb soo great... thank you Hawk...

#3 MrkGrismer

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Posted 24 August 2006 - 01:42 PM

Deleted.

Edited by MrkGrismer, 21 November 2006 - 08:55 PM.

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#4 Bislig2alabama

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Posted 04 October 2006 - 03:22 AM

From what I understand, you do not have to denounce your citizenship, and for your children to be Philippine Citizens you just have to file the paperwork the same as if you do not have American Citizenship.

As regards the child gaining dual citizenship>
My wife is Filipino and I am American. Our child, born April 11, 2005, is a dual citizen. He is an American because of place of birth, Alabama. He has aquired Philippino citizenship because we filed with the Philippines Embassy in Washington D. C. a record of his birth which was recorded by the Philippine Government as a citizen of the Philippines. First your marriage must be recorded by the Philippine government. If you were married in the Philippines this has been done. If you were married in the States you must file with the Philippine Embassy, Washington, D. C a form, "Report of Marriage Contracted Abroad.' This takes about two weeks. Then you must file a form, "Report of Birth Child Born Abroad of Philippine Parent" This also takes about two weeks. Both forms may be downloaded from the Philippine Embassy website. The back of each form has complete instructions and is easy to complete. The wesite is www.philippineembassy-usa.org They will answer questions on the phone and will mail you the documents if you request, number 1 202 467 9300. extension 9312 for consular section. for dual citizenship verification call 1 202 467 9382.
We filed for his dual citizenship because when he is older we wanted him to decide his citizenship status.
Rose, Jim and our dual citizen baby James
2003
Sept. 03 I- 129F receipt date
2004
Feb. 03 I- 129F approved
May 05 Embassy interview
May 23 Visa arrives
June 10 POE Detroit
June 22 Married in Alabama
July 22 A.O.S. receipt received from Atlanta
2005
APRIL 11 Son, JAMES, born, he is now a dual citizen ! !
Sept. 20 A.O.S. transferred to C.S.C.
Nov. 02 R.F.E.
2006
Jan. 09 Bio
June 26 We mailed letter requesting status update
July 05 R.F.E. requested from CSC, income update
July 18 R.F.E. completed and mailed
July 25 email received ::::: APPROVED,
July 31 P.G.C. arrives
No interviews and No conditional card in the USA Thank the Lord!!!
Nov. 27 Returned to Philippines
Dec. 28 Remarried in Philippines Filipino style
2007
Jan. 24 Sweet home Alabama
May 9 Rose receives her license to drive - she drives us home
May 15 Rose receives her Philippine school transcripts
Aug. 21 Rose is now a college student
2008
April 24 John born, our second son
April 29 filed for dual citizenship for baby John
May 1 Rose completes semester. an "A" average
May 11 John receives citizenship papers from Philippine Embassy
2009
Jun 25 filed for naturalization N-400
June 29 Priority date
July 17 N.O.A. fingerprints appointment Aug. 6th
Aug. 15 received the ? YELLOW LETTER ?
Oct. 22 interview date in Atlanta at 9:05 A.M. for citizenship
October 22nd citizenship oath completed
Now an American citizen
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#5 RobertCindy

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Posted 17 April 2007 - 08:17 AM

Cindy and I have talked about this and want it for our children. So thank you Tim for putting out good information as always wink.gif
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#6 Fritz

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Posted 12 July 2007 - 04:02 AM

For the kids it is a very good deal. US & PI both grant children citizenship based on their parents citizenship.

Regardless of where they are born, the children born to parents who have citizenship in both US & Philippines are citizens of both countries. For this reason your children can end up tri-citizens if they are born in a 3rd country that awards citizenship to children born there. My sister born on an AF base in France was a dual citizen due to being born in France to American parents. She has never learned French, but that is another story entirely tongue.gif

For US citizens. If you are the natural parent of a child born outside US jurisdiction, file a Report of Birth Abroad at the US Embassy.
For RP citizens. If you are the natural parent of a child born outside RP jurisdiction, file a Report of Birth Abroad at the RP Embassy.
For all. If you are the natural parent of the child, make sure their birth is registered in the country where the birth ocurred. They may wish to keep the extra passport(s) when they're grown smile.gif

The child will be a natural born Filipino with the full rights & privileges of a Filipino citizen, including the need to pay the tax to PTA on leaving RP tongue.gif
and also will be a natural born US citizen with the full rights & privileges of a US citizen, including the need to file for Selective Service, Social Security and deal with the Infernal Revenue Service tongue.gif
Ah well there has to be a downside to everything.

For the grandkids it gets more interesting. They will have a parent with dual citizenship and will gain both. If the spouse of your child has citizenship in other countries then there is a good chance that your grandchildren will need to carry a case for their passports tongue.gif One of my sister's sons is marrying the Australian daughter of a Filipina. Their kids will be eligible for citizenship in France, US, Australia & Philippines blink.gif ohmy.gif

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#7 michiganbabe

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Posted 12 July 2007 - 04:57 AM

Hi Guys,
I have a question regarding dual citizenship issue.My 3 yr old kid is currently dual citizen,(Japanese and Filipino),holds two passports as well since he was born in the Philippines.My question is,since we will be migrating to U S soon and then later on decide for my kid, for him to acquire u s citizenship,what will happen to his former dual nationality?should i denounce either one of those citizenship of him on his behalf?Or should i wait till he turns eighteen too decide for himself ?Thanks for the advance infos.. biggrin.gif

#8 Fritz

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Posted 15 July 2007 - 05:19 AM

QUOTE(michiganbabe @ Jul 11 2007, 09:57 PM) View Post
Hi Guys,
I have a question regarding dual citizenship issue.My 3 yr old kid is currently dual citizen,(Japanese and Filipino),holds two passports as well since he was born in the Philippines.My question is,since we will be migrating to U S soon and then later on decide for my kid, for him to acquire u s citizenship,what will happen to his former dual nationality?should i denounce either one of those citizenship of him on his behalf?Or should i wait till he turns eighteen too decide for himself ?Thanks for the advance infos.. biggrin.gif


He'll lose his dual citizenship status & become a tri-citizen. Neither US nor Philippines require cancellation of citizenship when naturalizing in another country.

US officially does not recognize it, instead they ignore it. They do have procedures in place to judge which country has primary claim when a situation arises that requires recognition of multiple nationalities, but the procedure simply decides which country's laws will prevail in that particular decision.

Philippines does require the oath of adult Filipinos be renewed & treat problems that require recognition of multiple nationality in a manner similar to US law.

Japan is your problem. They want a document showing that you have renounced your non-Japanese citizenship.

*For the US document, contact the US Embassy and ask what they recommend for this purpose. Make it clear that you do NOT wish to renounce your US citizen status, but wish to know what is needed to fulfill the Japanese government requirement for documentation. As long as you do not voluntarily renounce US citizenship, you may retain it. US Immigration Courts have ruled that renunciation to fulfill a non-US legal requirement does not meet this standard and so is not considered binding. I would definitely recommend talking also with an immigration attorney who has experience in US/Japan issues.

*The Philippines case is simpler as RA 9225 allows you to lose your citizenship to meet Japanese rules and then when you have filed the documents you can reapply for Philippine Citizenship using RA 9225. Note Philippines does not tell the Japanese government you have reacquired Philippine citizenship & does not require renunciation of foreign citizenship be legally recognized by the other government smile.gif

For everybody who has dual (or more) nationality. ALWAYS use the passport of the country you are entering or leaving whenever it is one you are a citizen of. In the countries where you claim citizenship you will present a foreign passport only for the purpose of showing you have a valid entry visa for that country. Example of this requirement would be entering Philippines on a one way ticket. You would present the Philippine passport when the ticket agent tells you that a OneWay is not valid for someone who is not a Philippines Resident or citizen. This is the law in US requiring US citizens to enter & leave US only on US passports. Given Japan's ban on dual nationality, it is the law there also that a citizen of Japan may enter and leave Japan only with a Japanese passport. There should never arise a situation where you will present a foreign passport at Immigration Control in any country in which you are a citizen. Common sense, but also prevents problems with countries like Japan & Korea which do not recognize Dual Citizen status for adults or which, like US, make it illegal not to enter & depart on the domestic passport

Lot's less hassle to renounce Japanese citizenship, but it it possible to make an end run around their ban on dual national adult Japanese.

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#9 FlyBy

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Posted 28 June 2008 - 05:52 PM

Serious question: If you have dual citizenship, do you have to pay dual taxes to both countries. I heard this is true.
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#10 MrkGrismer

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Posted 29 June 2008 - 04:17 AM

QUOTE(pauljaja @ Jun 28 2008, 01:52 PM) View Post
Serious question: If you have dual citizenship, do you have to pay dual taxes to both countries. I heard this is true.


No, the U.S. and the Philippines have agreements in place so that citizens are not double-taxed. Generally speaking a person usually pays income taxes on income earned in the country it is earned if they are a citizen or resident of that country. There can be complications for working overseas in a country in which you are not a citizen nor a permanent resident. But the bottom line is that normally you only pay taxes to one country (or split the taxes between countries, but being double-taxed is not normal).

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#11 Ampalaya

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Posted 29 June 2008 - 06:48 AM

Still braindead!

If a filipino takes the oath for being a US Citizen do they lose their Philippine citizenship and have to REAPPLY for dual or do they now retain Philippine citizenship.
Denied K1, K3/K4, CR-1/CR-2, AOS, ROC, Adoption and US Citizenship. Dual citizenship.
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Been there! Did it all!

#12 MrkGrismer

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Posted 29 June 2008 - 03:02 PM

QUOTE(Ampalaya @ Jun 29 2008, 02:48 AM) View Post
Still braindead!

If a filipino takes the oath for being a US Citizen do they lose their Philippine citizenship and have to REAPPLY for dual or do they now retain Philippine citizenship.


Because the oath still contains a sentence technically renouncing other citizenships I believe they have to do the paperwork.

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#13 AsiaBill

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Posted 24 July 2009 - 01:45 PM

We raised our only daughter to respect and love the best of both our countries and be aware of the worst aspects of both the Philippines and the USA so she has been brought us very secure to cross the "bridge" between cultures. I registered her birth in Manila at the USA Embassy and had her issued a USA passport when she was onlyt 3 weeks old. We applied for her dual citizenship in Honolulu when she was 20 years old and she was issued her Filipino passport in less than 2 months. It's a BIG benefit to have your children be issued the dual national status. The States is GREAT when you feel like being a work-a-holic and building your career life but when one has reached financial security and is tired of the hectic stressful lifestyle in the States there's no better place on earth to enjoy a simple wonderful life than the Philippines among the Filipino people.

QUOTE (cindy @ Apr 17 2007, 04:17 PM) <{POST_SNAPBACK}>
Cindy and I have talked about this and want it for our children. So thank you Tim for putting out good information as always wink.gif


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