The other day, one of my long time friend here in Northern California was asking me how to apply and what are the advantages of dual citizenship.( Philippines and American). Here is my answer to her from the article Frequently Asked Questions Relating to the Reacquisition of Philippine Citizenship under Republic Act 9225, published by The Philippines Consulate General Office.
1. Who are eligible dual citizens? Natural-born Filipinos who have lost their Philippine citizenship by naturalization in a foreign country, and their unmarried children who are below 18 years of age are eligible under Republic Act No. 9225 or the Citizenship Retention and Reacquisition Act of 2003.
2. What is the procedure in applying and what documents are required in order to apply? (a) Applicant shall present a copy of his/her Birth Certificate issued or duly-authenticated by the National Statistics Office (NSO) in Manila.
(Note: applicants who are based in the United States 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)
(b) 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.
(c) Applicant submits duly-accomplished petition to the Philippine Consulate General in Chicago 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).
(d) 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.
(e) Applicant is given the original copy of his notarized oath of allegiance together with an Order of Approval issued by the Philippine Consulate General.
(f) 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.
(g) The Bureau of Immigration issues an Identification Certificate (IC) and forwards it to the applicant through the Philippine Consulate General.
3. 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:
(a) 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.
(b) 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.
(b) 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.
(c) 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. As a dual citizen, can I own land in the Philippines? Is there a limit as to the area or size of the land or real property which I could purchase under my name?As provided for under the 1987 Philippine Constitution, there is no limit as to the area or size of the land or real property, which a Filipino citizen may acquire or purchase under his/her name. Naturally, this principle applies to former Filipinos who reacquire their citizenship under RA 9225.
5. 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.
6. Will I have to pay income taxes for my earnings here in the United States?In accordance with current tax laws of the Philippines, all income derived by Filipino citizens from sources abroad are not subject to income taxes.
7. 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.
8. After I reacquire my citizenship, are my minor, unmarried children also considered as Filipino citizens? Under Section 4 (Derivative Citizenship) of Republic Act 9225, the unmarried child, whether legitimate, illegitimate or adopted, below eighteen (18) years of age, of those who re-acquire Philippine citizenship shall also be deemed citizens of the Philippines. Applicants who have unmarried minor children should submit copies of the birth certificates of their children upon filing of the petition.
9. 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)
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