Eligibility for Dual Citizenship in the Philippines

Can a person born in the Philippines but never a Filipino citizen obtain dual citizenship?

The concept of dual citizenship refers to an individual's ability to hold citizenship in more than one country simultaneously. In the context of the Philippines, dual citizenship is governed by specific legal provisions under Philippine law, particularly Republic Act No. 9225, also known as the "Citizenship Retention and Re-acquisition Act of 2003."

Legal Basis and Provisions

Republic Act No. 9225 allows natural-born Filipinos who have lost their Philippine citizenship through naturalization in a foreign country to reacquire or retain their Philippine citizenship. This law primarily addresses individuals who were originally Filipino citizens by birth but later became citizens of another country.

Who is Considered a Natural-Born Filipino?

According to the 1987 Philippine Constitution, natural-born citizens are those who are citizens of the Philippines from birth without having to perform any act to acquire or perfect their Philippine citizenship. This includes:

1. Individuals born to at least one Filipino parent.
2. Those born in the Philippines before January 17, 1973, with Filipino mothers and who elected Philippine citizenship upon reaching the age of majority.

Reacquisition of Philippine Citizenship

For former natural-born Filipinos who acquired foreign citizenship, the process to reacquire Philippine citizenship involves:

1. Taking an oath of allegiance to the Republic of the Philippines.
2. Complying with the procedural requirements set forth by the Bureau of Immigration or Philippine Foreign Service posts.

Eligibility for Dual Citizenship

Natural-Born Filipinos: Only natural-born Filipinos who have acquired foreign citizenship can benefit from Republic Act No. 9225. If an individual was never a Filipino citizen by birth, they do not qualify for dual citizenship under this law.

Non-Natural-Born Individuals: For individuals who were not natural-born Filipinos, the process of acquiring Philippine citizenship involves naturalization. Once naturalized, they may hold dual citizenship if their original country of citizenship allows it. However, this does not fall under the scope of Republic Act No. 9225 but rather the Revised Naturalization Law.

Impact on Filipino-Born Individuals Holding Foreign Passports

For individuals born in the Philippines but never having obtained Filipino citizenship, their eligibility for dual citizenship depends on whether they meet the criteria for natural-born citizenship as defined by Philippine law. If they do not, they would need to undergo the naturalization process to become a Filipino citizen, after which dual citizenship would depend on the laws of their original country.

Conclusion

In summary, the eligibility for dual citizenship in the Philippines is clearly defined for natural-born Filipinos who have acquired foreign citizenship. For those who were never Filipino citizens by birth, obtaining dual citizenship involves naturalization and compliance with relevant legal provisions. The primary criterion for dual citizenship under Republic Act No. 9225 is natural-born Filipino status, which dictates the procedural pathway to reacquiring or retaining Philippine citizenship.