CHAPTER IV

Citizenship

Citizen

a person having the title of citizenship. He is a member of a democratic community enjoy full civil and political rights and is accorded protection inside and in territory of the state

a person who legally belongs to a country and has the rights and protection of that country

a person who lives in a particular place

an inhabitant of a city or town; especially : one entitled to the rights and privileges of a freeman

FIL

IPIN

O

Am

eri

can

Afr

ican

CITIZENSHIP

Is a term denoting membership of a

citizen in a political implies allegiance

on the part of the member and a duty

of protection on the part of the state.

the fact or status of being a citizen of

a particular place.

the qualities that a person is expected

to have as a responsible member of a

community.

the status of being a citizen.

membership in a community (as a

college)

the quality of an individual's response

to membership in a community

Alien

is a citizen of a country who is residing in or passing through another country.

Foreigners

Not given full rights to

citizenship but should be

protected by the State as

a person and his property

WHO ARE PHILLIPINE

CITIZEN UNDER THE

PRESENT CONSTITUTION?The 1987 Constitution, Article IV Section 1 provides:\

Section 1. The Following are citizens of the Philippines

Those who are citizens of the Philippines at the time of the

adaptation of this constitution

Those whose fathers or mothers are citizens of the

Philippines;\

Those born before January 17, 1973, of Filipino Mother, who

elect Philippine citizenship upon reaching the age of

majority; and

Those who are naturalized in accordance of law.

WHO IS A NATURAL-BORN

FILIPINO CITIZEN?Natural-born citizens are those who are

citizens from birth without having to

Perform any act to acquire their Philippine

citizenship. Those who elect Philippine

citizen in accordance with the Constitution

shall be deemed natural-born citizen

SECTION 3

Philippine citizenship may be lost or reacquired in the manner provided by law.

SECTION 4

Citizens of the Philippines who marry aliens shall retain their citizenship, unless by their act or omission they are deemed, under the law, to have renounced it.

SECTION 5

Dual allegiance of citizens is inimical to the national interest and shall be dealt with by law.

Theories of Citizenship

Jus Sanguinis

Blood relationship

Follows the citizenship of the parents or one of

them

Adopted in the Philippines

Jus Soli

Place of birth

Becomes a citizen of the state where he is born

Regardless of the citizenship of the parents

Adopted by the United States

Kinds of Citizen

Natural born- Citizen – is a Filipino from birth without

being required to perform any further act to acquire or

perfect his Filipino Citizenship

Naturalized Citizen – a formerly aliens who is admitted to

the Filipino community after meeting the minimum

requirements imposed by the naturalized law.

Naturalization

A process by which a foreigner is adopted and clothed

with privileges of a citizen. It implies renunciation of

former nationality.

are those who were originally citizens of another country, but who, by an intervening act, have acquired new citizenship in a different country

WHAT ARE THE PRIVILEGES

of the Citizen

Rights of Suffrage

Right to hold public office

Right hold land of public

domains

Right to explicit natural

resources

Right to operate public

utilities

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.

HOW CAN A FILIPINO LOSE HIS

CITIZENSHIP

VOLUNTARILY

a. By naturalized in a foreign country

b. By express renunciation of citizenship

c. By subscribing to an oath of allegiance to support the constitutions and laws of a foreign country

d. By rendering service to or accepting commission in Armed Forces in time of war

Expatriation The voluntary loss or renunciation of one’s nationality (not in time of war)

Reacquisition of last Philippines Citizenship

By naturalization

By repatriation of deserters of the Philippine armed forces and women who lost their citizenship by reason of marriage

By direct act of the

REPATRIATION

Is affected by merely taking the necessary oath of

allegiance to the Republic of the Philippines.

REPUBLIC ACT NO, 9225

AN ACT MAKING THE CITIZENSHIP OF PHILIPPINE CITIZEN WHO ARE FOREIGN

CITIZEN PERMANENT, AMENDING FOR THE COMMONWEALTH ACT NO. 63 AS

AMENDED AND FOR OTHER PURPOSE.

WHO ARE ELIGIBLE

DUAL CITIZEN?

NATURAL-BORN Filipino who have lost their

Philippine citizenship by naturalized foreign

country, and their unmarried children who

are below 18 years of age are Republic Act

No. 9225 or the Citizenship Retention and

Reacquisition Act of 2000

WHAT IS THE PROCEDURE IN APPLYING

AND WHAT DOCUMENT ARE REQUIRED IN

ORDER TO?

(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.

What rights and privileges will dual citizens

enjoy?

(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.

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;

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)

5. As a dual citizen, how long can I stay

in the Philippines?

Stay as long as the person want without having to pay an

immigration fees.

Choose retire or permanently title back in the Philippines.

As a Filipino citizen, you are subject to duties and other

obligation 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.

4. WILL I HAVE TO PAY INCOME TAXS FOR

MY EARNINGS IN THE US?

In accordance with current taxes for my laws of

the Philippines, all income derived by Filipino

citizen from sources abroad are not subject to

income taxes.

7. As a dual citizen, am I allowed to practice

my profession in the Philippine doctor?

Under the law, those intending to practice their profession in the Philippine as

with the proper authority for a license or permit to engage in such practice.

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.

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. (632) 527-3265 / Fax No.

(632) 527-3279).

WHAT DOCUMENTS ARE REQUIRED IN

ORDER TO APPLY A DUAL CITIZENSHIP

A former natural-born citizen of the Philippines shall enjoy the presumption

that he/she was a natural-born Filipino provided, that proof of Philippine

citizenship is submitted. In determining Philippine citizenship, a copy of the

following shall be submitted, the original of which shall be presented and

appropriately marked by the evaluating officer “original seen and verified”

I. Original and two (2) copies each of the following:

BIRTH

CERTIFICATE

MARRIAGE

CRETIFICATE

LATEST

PHIL.

PASSPRT

U.S.

PASSPORT

U.S

NATURALIZATION

CERTIFICATE

THREE

COLORED

PHOTOS

2”X2”

II. For each dependent child, the original and

two (2) copies each of his/her:

BIRTH CERTIFICATELAST PHIL.

PASSPORTU.S. PASSPORT

U.S.

CRETIFICATE

OF

CITIZENSHIP

TWO COLORED

PHOTOS 2”X2”

In all cases, the evaluating officer may require the submission of additional

documents if there is reasonable ground to believe that the applicant is not a former

natural-born Filipino