Citizenship

Repatriation under Rule 8171.

The only persons entitled to repatriation under RA 8171 are the following:

a. Filipino women who lost their Philippine citizenship by marriage to aliens; and

b. Natural-born Filipinos including their minor children who lost their Philippine citizenship on account of political or economic necessity.

Petitioner theorizes that he could be repatriated under RA 8171 because he is a child of a natural-born Filipino, and that he lost his Philippine citizenship by derivative naturalization when he was still a minor.

Petitioner overlooks the fact that the privilege of repatriation under RA 8171 is available only to natural-born Filipinos who lost their citizenship on account of political or economic necessity, and to the minor children of said natural-born Filipinos. This means that if a parent who had renounced his Philippine citizenship due to political or economic reasons later decides to repatriate under RA 8171, his repatriation will also benefit his minor children according to the law. This includes a situation where a former Filipino subsequently had children while he was a naturalized citizen of a foreign country. The repatriation of the former Filipino will allow him to recover his natural-born citizenship and automatically vest Philippine citizenship on his children of jus sanguinis or blood relationship; the children acquire the citizenship of their parent(s) who are natural-born Filipinos. To claim the benefit of RA 8171, however, the children must be minor age at the time the petition for repatriation is filed by the parent. This is so because a child does not have the legal capacity for all acts of civil life much less the capacity to undertake a political act like the election of citizenship. On their own, the minor children cannot apply for repatriation or naturalization separately from their parents. (Tabasa vs. CA, et al., G.R. No. 125793, August 29, 2006).

If a person, petitioner is not qualified to avail himself of repatriation under RA 8171. However, he can possibly reacquire Philippine citizenship by availing of the Citizenship Retention and Re-acquisition Act of 2003 (Republic Act No. 9225) by simply taking an oath of allegiance to the Republic of the Philippines. (Tabasa vs. CA, et al., G.R. No. 125793, August 29, 2006).

Limited coverage of the law.

A reading in Section 1 of RA 8171 shows that the manifest intent of the legislature to limit the benefit of repatriation only to natural-born Filipinos who lost their Philippine citizenship on account of political or economic necessity, in addition women who lost their Philippine citizenship by marriage to aliens. The precursor of RA 8171, Presidential Decree No. 725 (P.D. 725), which was enacted on June 5, 1975 amending Commonwealth Act No. 63, also gave to the same groups of former Filipinos the opportunity to repatriate but without the limiting phrase, “on account of political or economic necessity” in relation to natural-born Filipinos. By adding the said phrase to RA 8171, the lawmakers clearly intended to limit the application of the law only to political or economic migrants, aside from the Filipino women who lost

their citizenship by marriage to aliens. This intention is more evident in the sponsorship speech of Rep. Andrea B. Domingo where she stated that there are only four types of Filipinos who leave the country.

The first is what we call the “economic refugees” who go abroad to work because there is no work to be found in the country. Then we have the “political refugees” who leave the country for fear of their lives because they are not in consonance with the prevailing policy of government. The third type are those who have committed crimes and would like to escape from the punishment of said crimes. Lastly, we have those Filipinos who feel that they are not Filipinos, thereby seeking other citizenship elsewhere.

Of these four types of Filipinos, the first two have to leave the country not of choice, but rather of sacrifice to look for a better life, as well as for a safer abode for themselves and their families. It is for these two types of Filipinos that this measure is being proposed for approval by this body.

Thus, the intent of the law is to exclude those Filipinos who have abandoned their country for reasons other than political or economic necessity. (Tabasa vs. CA, et al., G.R. No. 125793, August 2006).

Effect if foreign country cancels the passport of an alien. If a foreign embassy cancels the passport of the alien, or does not reissue a valid passport to him, the alien loses the privilege to remain in the country, under the Immigration Act, Section 10 and 15 (Schonemann vs. Santiago, et al., G.R. No. 81461, 30 May 1989). The automatic loss of the privilege obviates deportation proceedings. In such instance, the Board of Commissioners may issue summary judgment of deportation which shall be immediately executory.

Right to vote of dual citizens.

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 citizen, are qualified to vote. Thus, it was ruled in Macalintal vs. COMELEC, 405 SCRA 614:

“It is clear from these discussions of the Constitutional Commission that it intended to enfranchise as much as possible all Filipino citizens abroad who have not abandoned their domicile of origin. The Commission even intended to extend to young Filipinos who reach voting age abroad whose parents’ domicile of origin is in the Philippines, and consider them qualified as voters for the first time.

It is in pursuance of that intention that the Commission provided for Section 2, Article V, immediately after the residency requirement of Section 1. By the doctrine of necessary implication in statutory construction, …., the strategic location of Section 2 indicates that the Constitutional Commission provided for an exception to qualified Filipinos who are not in the Philippines may be allowed to vote even though they do not satisfy the residency requirement in Section 1, Article V of the Constitution.

That Section 2 of Article V of the Constitution is an exception to the residency requirement found in Section 1 of the same Article was in fact the subject of debate when Senate Bill No. 2104, which became R.A. No. 9189.

Considering the unison intent of the Constitution and RA 9189 and the expansion of the scope of that law with the passage of RA 9225, the irresistible conclusion is that “duals” may now exercise the right of suffrage thru the absentee voting scheme and as overseas absentee voters. RA 9189 defines the terms adverted to in the following wise:

“Absentee Voting” refers to the process by which qualified citizens of the Philippines abroad exercise their right to vote;

“Overseas Absentee Voter” refers to a citizen of the Philippines who is qualified to register and vote under this Act, not otherwise disqualified by law, who is abroad on the day of elections. (Loida Nicolas-Lewis, et al. vs. COMELEC, G.R. 162759, August 4, 2006).

Rule cover the next generation of duals.

The expanded thrust of RA 9189 extends also to what might be tagged as the next generation of “duals”. This may be deduced from the inclusion of the provision on derivative citizenship in RA 9225 which reads:

Sec. 4. Derivative Citizenship. – The unmarried child, whether legitimate, illegitimate or adopted, below eighteen (18) years of age, of those who re-acquire Philippine citizenship upon effectivity of this Act shall be deemed citizens of the Philippines. (Loida Nicolas-Lewis, et al. vs. COMELEC, G.R. No. 162759, August 4, 2006).

Q — What is naturalization? Give the modes of becoming a citizen by naturalization.

ANS: Naturalization signifies the act of formally adopting a foreigner into the political body of a nation by clothing him or her with the privileges of a citizen. Under current and existing laws, there are three ways by which an alien may become a citizen by naturalization: (a) administrative naturalization pursuant to R.A. No. 9139; (b) judicial naturalization pursuant to C.A. No. 473, as amended; and (c) legislative naturalization in the form of a law enacted by Congress bestowing Philippine citizenship to an alien.(So v. Rep., G.R. No. 170603, January 29, 2007).

Q — In a petition for naturalization, it was contended that the qualifications of an applicant for naturalization should possess those provided for in R.A. No. 9139 and not those set forth in C.A. No. 473. Is the contention correct? Why?

ANS: No. The qualifications and disqualifications of an applicant for naturalization by judicial act are set forth in Sections 2 and 4 of C.A. No. 473. On the other hand, Sections 3 and 4 of R.A. No. 9139 provide for the qualifications and disqualifications of an applicant for naturalization by administrative act. (So v. Rep., G.R. No. 170603, January 29, 2007).

Q — State the rationale for the enactment of RA 9139 otherwise known as Administrative Naturalization Law.

ANS: R.A. No. 9139 was enacted as a remedial measure intended to make the process of acquiring Philippine citizenship less tedious, less technical and more encouraging. It likewise addresses the concerns of degree holders who, by reason of lack of citizenship requirement, cannot practice their profession, thus promoting “brain drain” for the Philippines. (So v. Rep., G.R. No. 170603, January 29, 2007).

Q — Are the qualifications prescribed under Act No. 473 applicable to RA 9139? Explain.

ANS: No. First. C.A. No. 473 and R.A. No. 9139 are separate and distinct laws – the former covers all aliens regardless of class while the latter covers native-born aliens who lived here in the Philippines all their lives, who never saw any other country and all along thought that they were Filipinos; who have demonstrated love and loyalty to the Philippines and affinity to the customs and traditions. To reiterate, the intention of the legislature in enacting R.A. No. 9139 was to make the process of acquiring Philippine citizenship less tedious, less technical and more encouraging which is administrative rather than judicial in nature. Thus, although the legislature believes that there is a need to liberalize the naturalization law of the Philippines, there is nothing from which it can be inferred that C.A. No. 473 was intended to be amended or repealed by R.A. No. 9139. What the legislature had in mind was merely to prescribed another mode of acquiring Philippine citizenship which may be availed of by native born aliens. The only implication is that, a native born alien has the choice to apply for judicial or administrative naturalization, subject to the prescribed qualifications and disqualifications.

Second, if the qualifications prescribed in R.A. No. 9139 would be made applicable even to judicial naturalization, the coverage of the law would be broadened since it would then apply even to aliens who are not native born. It must be stressed that R.A. No. 9139 applies only to aliens who were born in the Philippines and have been residing here.

Third, applying the provisions of R.A. No. 9139 to judicial naturalization is contrary to the intention of the legislature to liberalize the naturalization procedure in the country. One of the qualifications set forth in R.A. No. 9139 is that the applicant was born in the Philippines and should have been residing herein since birth. Thus, one who was born here but left the country, though resided for more than ten (10) years from the filing of the application is also disqualified. On the other hand, if we maintain the distinct qualifications under each of the two laws, an alien who is not qualified under R.A. No. 9139 may still be naturalized under C.A. No. 473.

Thus, absent a specific provision expressly amending C.A. No. 473, the law stands and the qualifications and disqualifications set forth therein are maintained. (So v. Rep., G.R. No. 170603, January 29, 2007).

Q — State the basic requirement of witnesses in a naturalization proceeding. Explain.

ANS: The witnesses presented should be competent to vouch for his good moral character, and are themselves possessed of good moral character. The character witnesses in naturalization proceedings

stand as insurers of the applicant’s conduct and character. Thus, they ought to testify on specific facts and events justifying the inference that the applicant possesses all the qualifications and none of the disqualifications provided by law. (So v. Rep., G.R. No. 170603, January 29, 2007, citing Rep. v. Hong, G.R. No. 168877, March 24, 2006, 485 SCRA 405).

Q — State the duty of an applicant for naturalization before he can be naturalized. Explain.

ANS: In naturalization proceedings, it is the burden of the applicant to prove not only his own good moral character but also the good moral character of his/her witnesses, who must be credible persons. Within the purview of the naturalization law, a “credible person” is not only an individual who has not been previously convicted of a crime; who is not a police character and has no police record; who has not perjured in the past; or whose affidavit or testimony is not credible. What must be credible is not the declaration made but the person making it. This implies that such person must have a good standing in the community; that he is known to be honest and upright; that he is reputed to be trustworthy and reliable; and that his word may be taken on its face value; as a good warranty of the applicant’s worthiness. (So v. Rep., G.R. No. 170603, January 29, 2007).

Q — In naturalization proceedings, may the State appeal the decision even if it did not oppose the petition? Explain.

ANS: Yes. A naturalization proceeding is not a judicial adversary proceeding, and the decision rendered therein does not constitute res judicata. A certificate of naturalization may be cancelled if it is subsequently discovered that the applicant obtained it by misleading the court upon any material fact. Law and jurisprudence even authorize the cancellation of a certificate of naturalization upon grounds or conditions arising subsequent to the granting of the certificate. If the government can challenge a final grant of citizenship, with more reason can it appeal the decision of the RTC within the reglementary period despite its failure to oppose the petition before the lower court. (So v. Rep., G.R. No. 170603, January 29, 2007).

Note: It must be stressed that admission to citizenship is one of the highest privileges that the Republic of the Philippines can confer upon an alien. It is a privilege that should not be conferred except upon persons fully qualified for it, and upon strict compliance with the law.

Q — Who has the burden to show that a person is entitled to be naturalized? Explain.

ANS: It is well-settled rule that “it is the bounded and inescapable duty of anyone applying for naturalization to carry at all times the burden of proving his right thereto, not only by complying with all the substantive and procedural requirements and submitting proof thereof at the trial. (Tiu v. Rep., 158 Phil. 1137 (1974); In Re: Petition for Admission as Citizen of the Phils., Shewak A. Keswani, et al. v. Rep., G.R. No. 153986, June 8, 2007).

[REPUBLIC ACT NO. 9139]

AN ACT PROVIDING FOR THE ACQUISITION OF PHILIPPINE CITIZENSHIP FOR CERTAIN ALIENS BY ADMINISTRATIVE NATURALIZATION AND FOR OTHER PURPOSES

Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled:

SECTION. 1. Short Title. — This Act shall be known as “The Administrative Naturalization Law of 2000.”

SEC. 2. Declaration of Policy. — The State shall control and regulate the admission and integration of aliens into its territory and body politic including the grant of citizenship to aliens. Towards this end, aliens born and residing in the Philippines may be granted Philippine citizenship by administrative proceedings subject to certain requirements dictated by national security and interest.

SEC. 3. Qualifications. — Subject to the provisions of the succeeding section, any person desiring to avail of the benefits of this Act must meet the following qualifications:

(a) The applicant must be born in the Philippines and residing therein since birth;

(b) The applicant must not be less than eighteen (18) years of age, at the time of filing of his/her petition;

(c) The applicant must be of good moral character and believes in the underlying principles of the Constitution, and must have conducted himself/herself in a proper and irreproachable manner during his/her entire period of residence in the Philippines in his relation with the duly constituted government as well as with the community in which he/she is living;

(d) The applicant must have received his/her primary and secondary education in any public school or private educational institution duly recognized by the Department of Education, Culture and Sports, where Philippine history, government and civics are taught and prescribed as part of the school curriculum and where enrollment is not limited to any race or nationality: Provided, That should he/she have minor children of school age, he/she must have enrolled them in similar schools;

(e) The applicant must have a known trade, business, profession or lawful occupation, from which he/she derives income sufficient for his/her support and if he/she is married and/or has dependents, also that of his/her family: Provided, however, That this shall not apply to applicants who are college degree holders but are unable to practice their profession because they are disqualified to do so by reason of their citizenship;

(f) The applicant must be able to read, write and speak Filipino or any of the dialects of the Philippines; and

(g) The applicant must have mingled with the Filipinos and evinced a sincere desire to learn and embrace the customs, traditions and ideals of the Filipino people.

SEC. 4. Disqualifications. — The following are not qualified to be naturalized as Filipino citizens under this Act:

(a) Those opposed to organized government or affiliated with any association or group of persons who uphold and teach doctrines opposing all organized governments;

(b) Those defending or teaching the necessity of or propriety of violence, personal assault or assassination for the success or predominance of their ideas;

(c) Polygamists or believers in the practice of polygamy;

(d) Those convicted of crimes involving moral turpitude;

(e) Those suffering from mental alienation or incurable contagious diseases;

(f) Those who, during the period of their residence in the Philippines, have not mingled socially with Filipinos, or who have not evinced a sincere desire to learn and embrace the customs, traditions and ideals of the Filipinos;

(g) Citizens or subjects with whom the Philippines is at war, during the period of such war; and

(h) Citizens or subjects of a foreign country whose laws do not grant Filipinos the right to be naturalized citizens or subjects thereof.

. — (1) Any person desiring to acquire Philippine citizenship under this Act shall file with the Special Committee on Naturalization created under Section 6 hereof, a petition of five (5) copies legibly typed and signed, thumbmarked and verified by him/her, with the latter’s passport-sized photograph attached to each copy of the petition, and setting forth the following:

(a) The petitioner’s name and surname, and any other name he/she has used or by which he/she is known;

(b) The petitioner’s present and former places of residence;

(c) The petitioner’s place and date of birth, the names and citizenship of his/her parents and their residences;

(d) The petitioner’s trade, business, profession or occupation, and if married, also that of his/her spouse;

(e) Whether the petitioner is single or married or his/her marriage is annulled. If married, petitioner shall state the date and place of his/her marriage, and the name, date of birth, birthplace, citizenship and residence of his/her spouse; and if his marriage is annulled, the date of decree of annulment of marriage and the court which granted the same;

(f) If the petitioner has children, the name, date and birthplace and residences of his/her children;

(g) A declaration that the petitioner possesses all the qualifications and none of the disqualifications under this Act;

(h) A declaration that the petitioner shall never be a public charge; and

(i) A declaration that it is the petitioner’s true and honest intention to acquire Philippine citizenship and to renounce absolutely and forever any prince, potentate, State or sovereign, and particularly the country of which the applicant is a citizen or subject.

(2) The application shall be accompanied by:

(a) Duplicate original or certified photocopies of petitioner’s birth certificate;

(b) Duplicate original or certified photocopies of petitioner’s alien certificate of registration and native born certificate of residence;

(c) Duplicate original or certified photocopies of petitioner’s marriage certificate, if married, or the death certificate of his spouse, if widowed, or the court decree annulling his marriage, if such was the fact;

(d) Duplicate original or certified photocopies of birth certificates, alien certificate of registration or native born certificate of residence if any, of petitioner’s minor children, wherever applicable;

(e) Affidavit of financial capacity by the petitioner, and sworn statements on the good moral character of the petitioner by at least two (2) Filipino citizens of good reputation in his/her place of residence stating that they have personally known the petitioner for at least a period of ten (10) years and that said petitioner has in their own opinion all the qualifications necessary to become a citizen of the Philippines and is not in any way disqualified under the provisions of this Act;

(f) A medical certificate that petitioner is not a user of prohibited drugs or otherwise a drug dependent and that he/she is not afflicted with acquired immune deficiency syndrome (AIDS);

(g) School diploma and transcript of records of the petitioner in the schools he attended in the Philippines. Should the petitioner have minor children, a certification that his children are enrolled in a school where Philippine history, government and civics are taught and are part of the curriculum; and

(h) If gainfully employed, the income tax return for the past three (3) years.

SEC. 6. Special Committee on Naturalization — There shall be constituted a Special Committee on Naturalization herein referred to as the “Committee”, with the Solicitor General as chairman, the Secretary of Foreign Affairs, or his representative, and the National Security Adviser, as members, with the power to approve, deny or reject applications for naturalization as provided in this Act.

The Committee shall meet, as often as practicable, to consider applications for naturalization. For this purpose, the chairman and members shall receive an honorarium of Two thousand pesos (₱2,000.00) and One thousand five hundred pesos (₱1,500.00), respectively, per meeting attended.

SEC. 7. Powers/Functions of the Special Committee on Naturalization. — An alien who believes that he has all the qualifications, and none of the disqualifications, may file an application for naturalization with the secretariat of the Special Committee on Naturalization, and a processing fee of Forty thousand pesos (₱40,000.00). Thereafter, the petition shall be stamped to indicate the date of filing and a corresponding docket number. Within fifteen (15) days from the receipt of the petition, the Committee shall determine whether the petition is complete in substance and in form. If such petition is complete, the Committee shall immediately publish pertinent portions of the petition indicating the name, qualifications and other personal circumstances of the applicant, once a week for three (3) consecutive weeks in a newspaper of general circulation, and have copies of the petition posted in any public or conspicuous area. The Committee shall immediately furnish the Department of Foreign Affairs (DFA), the Bureau of Immigration (BI), the civil registrar of the petitioner’s place of residence and the National Bureau of Investigation (NBI) copies of the petition and its supporting documents. These agencies shall have copies of the petition posted in any public or conspicuous area in their buildings, offices and premises, and shall, within thirty (30) days from the receipt of the petition, submit to the Committee a report stating whether or not petitioner has any derogatory record on file or any such relevant and material information which might be adverse to petitioner’s application for citizenship.

If the petition is found by the Committee to be wanting in substance and form, the petition shall be dismissed without prejudice.

SEC. 8. Approval or Disapproval of the Petition. — Within sixty (60) days from receipt of the report of the agencies which were furnished a copy of the petition or the date of the last publication of the petition, whichever comes in later, the Committee shall consider and review all relevant and material information it has received pertaining to the petition, and may, for the purpose call the petitioner for interview to ascertain his/her identity, the authenticity of the petition and its annexes, and to determine the truthfulness of the statements and declarations made in the petition and its annexes.

If the Committee shall have received any information adverse to the petition, the Committee shall allow the petitioner to answer, explain or refute the information.

Thereafter, if the Committee believes, in view of the facts before it, that the petitioner has all the qualifications and none of the disqualifications required for Philippine citizenship under this Act, it shall approve the petition and henceforth, notify the petitioner of the fact of such approval. Otherwise, the Committee shall disapprove the same.

SEC. 9. Decree of Naturalization and Naturalization Processing Fee. — Within thirty (30) days from the receipt of the notice of the approval of his/her petition, the applicant shall pay to the Committee a naturalization fee of One hundred thousand pesos (₱100,000.00) payable as follows: Fifty thousand pesos (₱50,000.00) upon the approval of the petition and Fifty thousand pesos (₱50,000.00) upon the taking of the oath of allegiance to the Republic of the Philippines, forthwith, a certificate of naturalization shall be issued. Within sixty (60) days from the issuance of the certificate, the petitioner shall take an oath of allegiance in the proper forum upon proof of payment of the required naturalization processing fee and certificate of naturalization. Should the applicant fail to take the

abovementioned oath of allegiance within said period of time, the approval of the petition shall be deemed abandoned.

SEC. 10. Duty of the Bureau of Immigration. — Within five (5) days after the applicant has taken his oath of allegiance as required in the preceding section, the BI shall forward a copy of the petitioner’s oath to the proper local civil registrar. Thereafter, the BI shall cancel the alien certificates of registration of the applicant.

SEC. 11. Status of Alien Wife and Minor Children. — After the approval of the petition for administrative naturalization and cancellation of applicant’s alien certificate of registration, applicant’s alien lawful wife and minor children may file a petition for cancellation of their alien certificates of registration with the Committee subject to the payment of the filing fee of Twenty thousand pesos (₱20,000.00) and naturalization fee of Forty thousand pesos (₱40,000.00) payable as follows: Twenty thousand pesos (₱20,000.00) upon the approval of the petition and Twenty thousand pesos (₱20,000.00) upon the taking of the oath of allegiance to the Republic of the Philippines.

SEC. 12. Status of Alien Husband and Minor Children. — If the applicant is a married woman, the approval of her petition for administrative naturalization will not benefit her alien husband but her minor children may file a petition for cancellation of their alien certificates of registration with the BI subject to the requirements of existing laws.

SEC. 13. Cancellation of the Certificate of Naturalization. — The Special Committee may cancel certificates of naturalization issued under this Act in the following cases:

(a) If it finds that the naturalized person or his duly authorized representative made any false statement or misrepresentation or committed any violation of law, rules and regulations in connection with the petition for naturalization, or if he otherwise obtains Philippine citizenship fraudulently or illegally, the certificate of naturalization shall be cancelled;

(b) If the naturalized person or his wife, or any of his minor children who acquire Filipino citizenship by virtue of his naturalization shall, within five (5) years next following the grant of Philippine citizenship, establish permanent residence in a foreign country, that individual’s certificate of naturalization or acquired citizenship shall be cancelled or revoked: Provided, That the fact of such person’s remaining for more than one (1) year in his country of origin, or two (2) years in any foreign country, shall be considered prima facie evidence of intent to permanently reside therein;

(c) If the naturalized person or his wife or child with acquired citizenship allows himself or herself to be used as a dummy in violation of any constitutional or legal provision requiring Philippine citizenship as a condition for the exercise, use or enjoyment of a right, franchise or privilege, the certificate of naturalization or acquired citizenship shall be cancelled or revoked; and

(d) If the naturalized person or his wife or child with acquired citizenship commits any act inimical to national security, the certificate of naturalization or acquired citizenship shall be cancelled or revoked.

In case the naturalized person holds any hereditary title, or belong to any order of nobility, he shall make an express renunciation of his title or membership in this order of nobility before the Special Committee or its duly authorized representative, and such renunciation shall be included in the records of his application for citizenship.

SEC. 14. Penalties. — Any person who shall fraudulently make, falsify, forge, change, alter, or cause or aid any person to do the same, or who shall purposely aid and assist in falsely making, forging, falsifying, changing or altering a naturalization certificate issued under this proceeding for the purpose of making use thereof, or in order that the same may be used by another person or persons, and any person who shall purposely aid and assist another in obtaining a naturalization certificate in violation of this Act, shall be punished by a fine of not more than Five hundred thousand pesos (₱500,000.00) and by imprisonment for not more than five (5) years, and in the case that the person convicted is a naturalized citizen, his certificate of naturalization shall, if not earlier cancelled by the Special Committee, be ordered cancelled.

SEC. 15. Any person who failed to register his/her birth with the concerned city or municipal civil registrar may, within two (2) years from the effectivity of this Act, file a petition for the acquisition of the Philippine citizenship: Provided, That the applicant possesses all the qualifications and none of the disqualifications under this Act and subject to the requirements of existing laws.

SEC. 16. Special Disposition of the Filing Fee. — An amount equivalent to twenty-five percent (25%) of the filing fee to be paid by the applicants pursuant to Section 7 hereof shall accrue to the University of the Philippines Law Center and another twenty-five percent (25%) shall be allotted for the publication of the Journal of the House of Representatives. Said amount shall be treated as receipts automatically appropriated.

SEC. 17. Implementing Rules and Regulations. — The Special Committee on Naturalization is hereby authorized to promulgate such rules and regulations as may be needed for the proper implementation of the provisions of this Act.

SEC. 18. Repealing Clause. — All provisions of existing laws, orders, decrees, rules and regulations contrary to or inconsistent with this Act are hereby repealed or modified accordingly.

SEC. 19. Separability Clause. — If any part, section or provision of this Act is declared invalid or unconstitutional, the part, section or provision not affected thereby shall continue to be in force and effect.

SEC. 20. Effectivity Clause. — This Act shall take effect after fifteen (15) days following its publication in at least two (2) newspapers of general circulation.

Approved:

CITIZENSHIP RETENTION AND RE-ACQUISITION ACT OF 2003 (R.A. 9225)

REQUIREMENTS AND PROCEDURES IN ACCORDANCE WITH

M.C. NO. AFF. 05-002 ISSUED BY THE PHILIPPINE BUREAU OF IMMIGRATION

What is Republic Act No. 9225?

Republic Act No. 9225 otherwise known as the Citizenship Retention and Reacquisition Act of 2003 declares that natural-born citizens of the Philippines who become citizens of another country shall be deemed not to have lost their Philippine citizenship.

Who are qualified to apply under the Citizenship Retention and Reacquisition Act of 2003?

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 retain/reacquire their Philippine citizenship under this Act.

RA 9225 does not apply to dual citizens, i.e., those who have both Philippine as well as foreign citizenship not acquired through naturalization. “..Natural –born citizens of the Philippines who have lost their Philippine citizenship by reason of their naturalization as citizens of a foreign country are hereby deemed to have re-acquired Philippine citizenship upon taking the oath of allegiance to the Republic.” (Section 3, RA 9225) back to top.

How does one prove that he or she is 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.

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 Certificate 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.

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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.

Will my application for dual citizenship under R.A. 9225 affect my U.S. citizenship?

Prospective applicants for dual citizenship under R.A. 9225 are advised to visit and read the contents of http://www.travel.state.gov/law/citizenship/citizenship_778.html, the website of the U.S. Department of State which contains information about current U.S. government policy on dual nationality, or to seek legal advice from a U.S. immigration lawyer.