Dual Citizenship FAQ

What is Republic Act No. 9225?

RA 9225, otherwise known as the “Citizenship Retention and Re-acquisition Act of 2003” took effect on September 17, 2003. It is an act declaring that former natural-born Filipino citizens who acquired foreign citizenship through naturalization shall be deemed not to have lost their Philippine citizenship.

What is the intent of the legislature in drafting Rep. Act No. 9225?

The intent of the legislature in drafting Rep. Act No. 9225 is to do away with the provision in Commonwealth Act No. 63 which takes away Philippine citizenship from natural-born Filipinos who become naturalized citizens of other countries. What Rep. Act No. 9225 does is allow dual citizenship to natural-born Filipino citizens who have lost Philippine citizenship by reason of their naturalization as citizens of a foreign country.  On its face, it does not recognize dual allegiance. By swearing to the supreme authority of the Republic, the person implicitly renounces his foreign citizenship.  Plainly, from Section 3, Rep. Act No. 9225 stayed clear out of the problem of dual allegiance and shifted the burden of confronting the issue of whether or not there is dual allegiance to the concerned foreign country.  What happens to the other citizenship was not made a concern of Rep. Act No. 9225. (AASJS v. Datumanong, 11 May 2007)

Who is a natural-born Filipino citizens?

Natural-born citizens are those who are citizens of the Philippines from birth without having to perform any act to acquire or perfect their Philippine citizenship.

Those born before 17 January 1973, of Filipino mothers, who elect Philippine citizenship upon reaching the age of majority shall likewise be deemed natural-born citizens.

Who may reacquire Philippine citizenship?

Natural-born citizens of the Philippines who have lost their Philippine citizenship by reason of their naturalization as citizens of a foreign country (Section 3, RA 9225)

How is citizenship reacquired?

They are deemed to have reacquired Philippine citizenship upon taking the following oath of allegiance to the Republic:

“I ___________________________, solemnly swear (or affirm) that I will support and defend the Constitution of the Republic of the Philippines and obey the laws and legal 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.”

The Oath of Allegiance is the final act that confers Philippine citizenship.

Who may retain their Philippine citizenship?

Natural-born citizens of the Philippines who, after the effectivity of RA 9225, become citizens of a foreign country

How is citizenship retained?

They shall retain their Philippine citizenship upon taking the aforesaid oath of allegiance to the Republic.

Can the conferment of Philippine citizenship be revoked?

Philippine citizenship retained or re-acquired under RA 9225 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 naturalization; (b) apply for a permanent resident visa.

Whom among my dependents can apply for dual citizenship?

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

What is the procedure for derivative acquisition of Philippine citizenship?

The Petition of the principal shall include that of the dependent. A form for the dependent shall also be accomplished. He shall submit a copy of his dependent's Birth Certificate and Foreign passport.

I acquired my foreign citizenship through marriage, can I apply for dual citizenship under RA 9225?

Yes, the law applies to former Filipino citizens who acquire their foreign citizenship by marriage.

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.

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:

(1) 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 of 2003” and other existing laws;

(2) 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 the 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;

(3) 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) 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. (Section 5, RA 9225)

Those who reacquire citizenship under RA 9225 but cannot vote or be elected or appointed to public office

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:

(a)   are candidates for or are occupying any public office in the country of which they are naturalized citizens; and/or

(b) are in the active service as commissioned or non-commissioned officers in the armed forces of the country which they are naturalized citizens. (Section 5, RA 9225)

Dual citizens may vote in Philippine elections without actually residing and physically staying in the Philippines

There is no provision in the dual citizenship law - R.A. 9225 - requiring "duals" to actually establish residence and physically stay in the Philippines first before they can exercise their right to vote.  On the contrary, R.A. 9225, in implicit acknowledgment that “duals” are most likely non-residents, grants under its Section 5(1) the same right of suffrage as that granted an absentee voter under R.A. 9189. It cannot be overemphasized that R.A. 9189 aims, in essence, to enfranchise as much as possible all overseas Filipinos who, save for the residency requirements exacted of an ordinary voter under ordinary conditions, are qualified to vote. (see Nicolas-Lewis v. Comelec, 04 August 2006)

"Duals" may now exercise the right of suffrage thru the absentee voting scheme and as overseas absentee voters. (see Nicolas-Lewis v. Comelec, 04 August 2006)

What are the additional requirements to run for public office for those who reacquire citizenship under RA 9225?

Breaking down the afore-quoted provision, for a natural born Filipino, who reacquired or retained his Philippine citizenship under Republic Act No. 9225, to run for public office, he must:

1.  meet the qualifications for holding such public office as required by the Constitution and existing laws; and

2.  make a personal and sworn renunciation of any and all foreign citizenships before any public officer authorized 

A candidate’s oath of allegiance to the Republic of the Philippines and his Certificate of Candidacy do not substantially comply with the requirement of a personal and sworn renunciation of foreign citizenship.  The law categorically requires persons seeking elective public office, who either retained their Philippine citizenship or those who reacquired it, to make a personal and sworn renunciation of any and all foreign citizenship before a public officer authorized to administer an oath simultaneous with or before the filing of the certificate of candidacy.

Hence, Section 5(2) of Republic Act No. 9225 compels natural-born Filipinos, who have been naturalized as citizens of a foreign country, but who reacquired or retained their Philippine citizenship (1) to take the oath of allegiance under Section 3 of Republic Act No. 9225, and (2) for those seeking elective public offices in the Philippines, to additionally execute a personal and sworn renunciation of any and all foreign citizenship before an authorized public officer prior or simultaneous to the filing of their certificates of candidacy,to qualify as candidates in Philippine elections. (see De Guzman v. Comelec, 19 June 2009; Jacot v. Dal, G.R. No. 179848, November 29, 2008)

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

Yes. 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.

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.

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 any 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)?

Yes, provided that 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.

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

A former citizen of the Philippines shall enjoy the presumption that he/she is a natural-born Filipino, provided, that proof of Philippine citizenship is submitted. Any one of the following may be submitted:

1. NSO-copy of Birth Certificate;
2. Old Philippine Passport;
3. Voter's Affidavit or voter's identification card;
4. Marriage Contract indicating the Philippine citizenship of the applicant;
5. Such other documents that would show that the applicant is a former citizen of the Philippines as may be acceptable to the evaluating officer.

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

If in the Philippines, applicant shall present a copy of his/her Birth Certificate issued or duly-authenticated by the National Statistics Office (NSO) in Manila or if not available, any one of the following:

1.  NSO-copy of Birth Certificate;

2.  Old Philippine Passport;

3.  Voter's Affidavit or voter's identification card;
4.  Marriage Contact indicating the Philippine citizenship of the applicants; or
5. Such other documents that would show that the applicant is a former citizen of the Philippines as may be acceptable to the evaluating officer.

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 with blue background; He shall then take the Oath of Allegiance before the authorized officer of the Bureau. If the applicant is incapacitated to take the Oath before such Officer, he shall submit a written justification as to why such Oath was taken before another Administering Officers; and

If all the documentary requirements are complete, he shall then pay the corresponding fees as follows:

Principal applicant	- Php 2, 500 plus Php 500 express lane
Dependent	- Php 1, 250 plus Php 500 express lane

The application shall then be assigned to an evaluating officer. If approved, an identification Certificate shall be issued.

If abroad, an applicant may submit 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 is given the original copy of his notarized oath of allegiance together with an Order of Approval issued by the Philippine Consulate General. He shall likewise be issued an identification Certificate.

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?

If in the Philippines, an application shall be filed at the Bureau of Immigration.

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.