Dual Citizenship - FAQ
1.  What is the Citizenship Retention and Re-acquisition Act of 2003 ?
2. 
 Who is qualified to reacquire/retain their Philippine citizenship under this law?
3. 
 Who are natural-born citizens of the Philippines?
4. 
 Aside from R.A. 9225, are there ways by which Filipinos may have dual citizenship or more than one citizenship at the same time?
5. 
 Does one who re-acquires Philippine citizenship need to reside in the Philippines?
6. 
 What privileges and entitlements does one gain from re-acquiring Filipino citizenship?
7. 
 What are the duties and obligations of Filipinos who re-acquire Philippine citizenship?
8. 
 What is the citizenship of the children of one who re-acquires Filipino citizenship?
9. 
 What are the requirements and procedures in applying for re-acquisition of one’s Filipino citizenship?
10. 
 What is the use of the Identification Certificate as prescribed under Memorandum Circular (MC) AFF-05-002?
11. 
 What documents should a person possess to prove his Philippine citizenship before a Philippine immigration officer?
12. 
 What is the use of the Identification Certificate?
13. 
 What documents must a dual or multiple citizen present upon arrival in the Philippines?
14. 
 What documents shall be presented by a dual or multiple citizen upon departure from the Philippines?
15. 
 If one had applied for and been granted dual citizenship before April 1, 2004 (date of effectivity of MC 14-0, the original rules and regulations implementing R.A. 9225), does he still need to be issued an Identification Certificate (IC)?
16. 
 Will taking the Oath endanger their U.S. citizenship?
 
1.

What is the Citizenship Retention and Re-acquisition Act of 2003 ?

Republic Act No. 9225 or the Citizenship Retention and Re-acquisition Act of 2003 is a law passed on 29 August 2003 which grants natural-born Filipinos who have lost their Filipino citizenship through naturalization in a foreign country, the opportunity to retain or re-acquire their Philippine citizenship.

 
2.

Who is qualified to reacquire/retain their Philippine citizenship under this law?

Under the law, only natural-born citizens of the Philippines who have lost their Philippine citizenship by reason of their naturalization as citizens of a foreign country may be deemed to have re-acquired Philippine citizenship upon taking the oath of allegiance to the Republic.
 
3.

Who are natural-born citizens of the Philippines?

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

  • Those whose fathers or mothers are citizens of the Philippines at the time
    of their birth; and
  • Those born before January 17, 1973, of Filipino mothers, who elect
    Philippine citizenship upon reaching the age of majority.
 
4. Aside from R.A. 9225, are there ways by which Filipinos may have dual citizenship or more than one citizenship at the same time?

Yes. Before the passage of R.A. 9225, dual citizenship of some Filipinos already existed as a result of the operation of nationality laws. For example, a child born in the United States of America of Filipino parents is an American citizen under US law, and a Filipino citizen under Philippine law. The child’s American citizenship is derived from the principle of jus soli, which follows the place of birth, while his Philippine citizenship is derived from the principle of jus sanguinis, which follows the citizenship of his parents. In these cases, dual citizenship can be acquired without having to apply for it under R.A. 9225.
 
5.
 Does one who re-acquires Philippine citizenship need to reside in the Philippines?

No, residency in the Philippines is not a requirement for those who re-acquire Philippine citizenship.
 
6.
What privileges and entitlements does one gain from re-acquiring Filipino citizenship?

Filipinos who re-acquire Philippine citizenship may once again enjoy full civil, economic and political rights under existing laws of the Philippines. Among these are the rights to:

  1. Exercise the right of suffrage. (Art V, Sec. 1, Phil. Constitution)

  2. Acquire and own private lands with no size limitations, as well as
    condominium units.
  3. Run for public office, provided that at the time of filing of his/her certificate of candidacy, the person shall make a personal and sworn renunciation of foreign citizenship, and meet the residency requirement for holding elective position.
  4. Be appointed to a public office, provided that the person renounces his
    allegiance to other country.
  5. Practice a profession, provided that he is licensed or permitted by the
    appropriate Philippine authority to engage in such practice.
  6. Own or invest in businesses which are not generally open to foreigners,
    including, among others:

    1. Public utilities
    2. Exploration, development and utilization of natural resources
    3. Educational institutions
    4. Mass media
    5. Contracts for the construction and repair of locally-funded public works
    6. Cooperatives
    7. Private recruitment
    8. Advertising
    9. Retail Trade

  7. Be issued Philippine passport and enjoy visa-free entry and stay in the Philippines for an unlimited period.
 
7. What are the duties and obligations of Filipinos who re-acquire Philippine citizenship?

A person who re-acquires Filipino citizenship has, among others, the following duties and obligations:
  1. To pay taxes on income earned in the Philippines.

  2. “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…,recognize and accept the supreme authority of the Philippines and maintain true faith and allegiance.“. (Oath of Allegiance, RA 9225)
 
8. What is the citizenship of the children of one who re-acquires Filipino citizenship?

If his/her children are unmarried and below 18 years of age at the time of re-acquisition of Filipino citizenship, his/her children are also recognized as Filipino citizens under Philippine law and are entitled to the rights and privileges attendant thereto.
 
9.
What are the requirements and procedures in applying for re-acquisition of one’s Filipino citizenship?

In accordance with Memorandum Circular No. AFF-04-01 issued by the Philippine Bureau of Immigration, the following are the procedures and requirements:
  1. The applicant accomplishes the application form entitled “Petition for Dual
    Citizenship and Issuance of Identification Certificate (IC)” pursuant to RA
    9225.
  2. The applicant submits the following documents, the original copies of which shall be presented:

    3. 2a.A photocopy of at least one of the following documents:

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

    2b. In addition to the above, a photocopy of Certificate of Naturalization or in the absence of the same, an affidavit explaining the circumstances by which the foreign citizenship was acquired.

  3. If the name of the applicant in the birth certificate or other documents submitted is different from that in his foreign passport and other documents, the applicant shall execute an affidavit explaining such difference and attach, as supporting documents, at least two (2) public or private documents showing the correct name of the applicant, the original copy of which shall be presented.

  4. For each of the applicant's minor children who is below eighteen (18) years of age, each beneficiary shall submit photocopies of the following documents, the original copies of which shall be presented:

    1. Birth certificate; and
    2. Foreign passport


  5. The applicant attaches to the application two (2) recent 2" x 2" photographs showing the front view. The beneficiary children are not required to submit photographs.

  6. If the applicant is a Bureau of Immigration (BI) registered alien, he shall surrender the original ACR and ICR/CRTV, or in its absence, an affidavit explaining the loss of said documents for transmittal to the BI.

  7. The applicant pays a processing fee of US$50.00 for himself and $25.00 for each beneficiary. The payment shall be in cash, bank draft or money order payable to the Philippine Consulate General.

  8. After payment, the Consulate will process the applicant's application. The applicant is required to sign the Oath of Allegiance prepared by the Consulate and he will receive a notice of the date and time for taking the Oath of Allegiance before a Consular Officer.

  9. After the applicant takes his oath, he will receive the original copy of his notarized oath of allegiance together with an Order of Approval issued by the Consulate, and the corresponding Identification Certificate, if available.

  10. The Consulate forwards to the BI in Manila the petition and supporting documents, including oath of allegiance, order of approval, ACR and ICR/CRTV (if any).

 
10. What is the use of the Identification Certificate as prescribed under Memorandum Circular (MC) AFF-05-002?

The Bureau of Immigration has clarified that the Identification Certificate (IC) only serves as a substitute to a Philippine passport in case a dual citizen is carrying a foreign passport when returning to the Philippines. In effect, it is advisable for those who have acquired dual citizenship to use both their Philippine and foreign passports when returning to the Philippines.
 
11. What documents should a person possess to prove his Philippine citizenship before a Philippine immigration officer?

Pursuant to paragraph (A) of Memorandum Order (MO)No. AFF-04-025 dated 14 Dec. 2004 issued by the Philippine Bureau of Immigration (BI), the following shall be considered as substantial proof of Philippine citizenship:
  1. Genuine and valid Philippine passport; and/ or

  2. Original Identification Certificate issued by the Philippine Bureau
    of Immigration, if applicable.
 
12. What is the use of the Identification Certificate?

The Identification Certificate (IC) may serve as alternative proof of Philippine citizenship in case a dual citizen is unable to present his/her Philippine passport when returning to the Philippines. Since issuance ICs usually takes time, it is advisable for those who have acquired dual citizenship to apply for Philippine passports.
 
13. What documents shall be presented by a dual or multiple citizen upon arrival in the Philippines?

Filipinos with dual or multiple citizenships are advised to present both their Philippine and foreign passports. Arrival details shall be stamped on both.

In case only a foreign passport is presented, the traveler may still be admitted into the Philippines for an indefinite period of stay, provided he presents a valid Identification Certificate.

On the foreign passport, the immigration officer shall stamp either of the following, whichever is applicable:

“PP” – if a Philippine passport is also presented, or
“IC” – if an Identification Certificate is presented.
 
14.

What documents shall be presented by a dual or multiple citizen upon departure from the Philippines?

Again, Filipinos with dual or multiple citizenships are advised to present both their Philippine and foreign passports in order to avoid paying the Emigration Certificate Clearance (ECC) fee. This is also to ensure that all arrival and departure records are reflected completely on both passports. Those who had presented only a foreign passport at the time of their admission into the Philippines may be cleared for departure without need of surrendering a certificate, permit or proof of payment of imposable immigration fees, provided they present, at the time of departure, a genuine and valid Philippine passport or an Identification Certificate.

On the foreign passport, the immigration officer shall stamp either of the following, whichever is applicable:

“PP” – if a Philippine passport is also presented, or
“IC” – if an Identification Certificate is presented.

If the traveler fails to present both his Philippine passport or Identification Certificate, at both arrival and departure, he shall be assessed an Emigration Certificate of Clearance (ECC) fee of P710.00 for using a foreign passport upon departure.

 
15. If one had applied for and been granted dual citizenship before April 1, 2004 (date of effectivity of MC 14-0, the original rules and regulations implementing R.A. 9225), does he still need to be issued an Identification Certificate (IC)?

No, applicants who took the Oath of Allegiance prior to April 1, 2004 are considered to have legally re-acquired their Philippine citizenship and need not be issued an IC. In lieu of an IC, it is advisable for them to obtain a Philippine passport.
 
16. Will taking the Oath endanger their U.S. citizenship?

No. According to a study prepared by the National Federation of Filipino American Associations (NAFFAA), a person will not lose his/her U.S. citizenship by merely pledging allegiance to another county. Such act can result in loss of U.S. citizenship only if done with an intention to relinquish U.S. citizenship. Since applicants for dual citizenship under this law generally do so with every intention to keep their U.S. citizenship and enjoy the benefits of citizenship in both countries, they are in no way intending to relinquish their U.S. citizenship.


Moreover, NAFFAA assures that American citizenship is not easily lost and is protected under the 14th Amendment of the U.S. Constitution, which states that “all persons born or naturalized in the U.S. are citizens of the U.S. and of the state wherein they reside. No state shall.. deprive any person of life, liberty or property without due process of law.”


U.S. government sources recognize that “dual nationality” or “dual citizenship” can and does occur as a matter of fact, when the laws of the U.S. and another country simultaneously recognize an individual as their citizen.
 
 
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