Republic Act (R.A.) No. 9225 or the Citizenship Retention and Re-acquisition Act of 2003

CITIZENSHIP: LOSS AND RE-ACQUISITION OF PHILIPPINE CITIZENSHIP UNDER REPUBLIC ACT NO. 9225 (CITIZENSHIP RETENTION AND RE-ACQUISITION ACT OF 2003)

Republic Act (R.A.) No. 9225, also known as the Citizenship Retention and Re-Acquisition Act of 2003, is a law passed to address the issue of dual citizenship for Filipinos who had become naturalized citizens of another country. The act provides a legal framework for Filipinos who lost their Philippine citizenship due to naturalization abroad to retain or re-acquire it without renouncing their foreign citizenship.

Background

Prior to R.A. 9225, Filipinos who became naturalized citizens of another country would lose their Philippine citizenship under Commonwealth Act No. 63. This created significant legal and social implications for former Filipinos who wished to return to the Philippines for various reasons, including resettlement, working, or retiring. The implementation of R.A. 9225 aims to restore their citizenship while allowing them to maintain the citizenship of another country, fostering ties between the Philippines and the Filipino diaspora.

Key Features of R.A. No. 9225

1. Retention of Philippine Citizenship:

   • Who may retain Philippine citizenship: R.A. 9225 allows natural-born Filipinos who have become naturalized citizens of a foreign country to retain their Philippine citizenship.
   • A natural-born Filipino citizen is defined as someone who is a citizen of the Philippines from birth without having to perform any act to acquire or perfect their Philippine citizenship. This includes individuals whose parents were Filipino citizens at the time of their birth.

2. Re-acquisition of Philippine Citizenship:

   • Who may re-acquire Philippine citizenship: Those who lost their Philippine citizenship through naturalization in another country may re-acquire their Philippine citizenship by taking the oath of allegiance to the Republic of the Philippines.
   • Once the oath of allegiance is taken, the individual re-acquires all civil, political, and economic rights as a Filipino citizen, subject to certain limitations under Philippine law.

3. Dual Citizenship:

   • R.A. 9225 effectively permits dual citizenship, meaning a Filipino may simultaneously hold citizenship in the Philippines and another country. The law is clear in stating that such individuals shall retain or re-acquire their Philippine citizenship without needing to renounce their foreign nationality.
   • This is especially beneficial for Filipinos who have migrated or work abroad, as it allows them to maintain ties to their home country while enjoying the benefits of citizenship in their country of naturalization.

4. Requirements for Re-acquisition/Retention:

   • The primary requirement to re-acquire or retain Philippine citizenship is to take an oath of allegiance to the Republic of the Philippines.
   • The oath is administered by the Bureau of Immigration or a duly authorized representative in a Philippine consulate or embassy abroad.
   • Supporting documents include:
     • Proof of Philippine birth or natural-born status (such as a birth certificate from the Philippine Statistics Authority (PSA));
     • Proof of naturalization as a foreign citizen (e.g., a foreign passport or naturalization certificate);
     • Duly filled application forms and payment of the required fees.

5. Rights and Privileges of Dual Citizens:

   • Civil and Political Rights: Upon re-acquisition or retention of citizenship, dual citizens regain the right to vote in Philippine elections, own property, engage in business, practice their profession, and run for public office (subject to specific residency and other constitutional qualifications).
   • Travel Documents: A re-acquired citizen has the right to obtain a Philippine passport in addition to their foreign passport. This allows for easier entry and exit into the Philippines without the need for visas or other travel restrictions applicable to foreign nationals.
   • Economic Rights: Dual citizens can engage in economic activities and own businesses in the Philippines, enjoying the same economic rights and opportunities as natural-born Filipinos.

6. Limitations and Restrictions:

   • While R.A. 9225 provides dual citizens with civil, political, and economic rights, it imposes certain limitations:
     • Holding Public Office: A dual citizen cannot run for or hold any elective or appointive public office in the Philippines unless they renounce their foreign citizenship upon filing their certificate of candidacy or appointment acceptance. The 1987 Philippine Constitution mandates that public officials must be solely Filipino citizens to avoid conflicts of interest.
     • National Defense: The law includes provisions that safeguard national security, particularly in relation to national defense, where dual citizens are barred from serving in sensitive positions in the military or in government agencies concerned with national security unless they renounce their foreign citizenship.
     • Professions Subject to Citizenship Requirements: Certain professions, particularly those in law and medicine, require sole Filipino citizenship. In such cases, the dual citizen must comply with the applicable laws governing their profession.

Procedure for Re-Acquiring or Retaining Citizenship

1. Application: The applicant must file a petition for the re-acquisition or retention of Philippine citizenship with the Philippine Bureau of Immigration or a Philippine consular post abroad.

2. Oath of Allegiance: The key step in the process is the administration of the oath of allegiance to the Republic of the Philippines, affirming loyalty and adherence to its Constitution and laws.

   The oath reads:

   "I, [name of applicant], solemnly swear 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."

3. Issuance of Certificate: Upon successful completion of the process, a Certificate of Re-acquisition/Retention of Philippine Citizenship is issued to the applicant. This certificate serves as proof that the applicant has regained their Philippine citizenship.

4. Registration: The applicant is then required to register their re-acquisition of citizenship with the Civil Registry and other pertinent Philippine government agencies (such as the Commission on Elections (COMELEC) for voting purposes).

Impact of R.A. 9225

R.A. 9225 has significantly impacted overseas Filipinos, allowing them to reconnect with their homeland while enjoying the benefits of dual citizenship. By enabling natural-born Filipinos to re-acquire their Philippine citizenship, the law fosters national unity and economic ties with the Filipino diaspora, encouraging their participation in Philippine civic life, business ventures, and property ownership.

It also resolves many practical difficulties faced by Filipinos who had lost their citizenship due to naturalization abroad, particularly concerning property ownership, voting rights, and travel.

Judicial Interpretation of R.A. 9225

Philippine courts have upheld the constitutionality and validity of R.A. 9225. Notably, the law ensures that those who re-acquire their citizenship are regarded as having continuously been Filipino citizens. The Supreme Court has also clarified the limits imposed on dual citizens, such as in cases involving eligibility to hold public office or participate in professions requiring sole Philippine citizenship.

In the landmark case of Maquiling v. COMELEC (G.R. No. 195649, 2013), the Supreme Court ruled that natural-born Filipinos who re-acquire their citizenship under R.A. 9225 do not lose their status as natural-born citizens, which has significant implications for individuals seeking elective office.

Conclusion

Republic Act No. 9225 provides a clear mechanism for Filipinos who have acquired foreign citizenship to retain or re-acquire their Philippine citizenship. It promotes dual citizenship and enables Filipinos to benefit from the rights and privileges of both their Philippine and foreign citizenships, while still ensuring the protection of the country's national interests. Understanding the intricacies of R.A. 9225 is essential for Filipinos abroad who wish to maintain strong legal, economic, and social ties with the Philippines.