Disclaimer: This discussion is provided for general informational purposes only and does not constitute legal advice. Laws, regulations, and policies can change over time and may vary depending on one’s specific circumstances. For personalized guidance, always consult a qualified attorney or contact the appropriate government agency.

1. Introduction

The Philippines recognizes the right of its citizens to travel, subject to certain limitations provided by law. When it comes to dual citizens—Filipinos who concurrently hold citizenship of another country—the situation can become more complex, particularly if the individual is an ex-felon (i.e., someone who has been convicted of a felony and has since completed or is under conditions of their sentence).

This article aims to clarify the legal landscape governing travel eligibility of dual citizens who are ex-felons, focusing on Philippine law and relevant immigration procedures.

2. Overview of Dual Citizenship Under Philippine Law

2.1 Republic Act (RA) No. 9225 (Citizenship Retention and Re-acquisition Act of 2003)

RA 9225 allows natural-born Filipinos who have become naturalized citizens of another country to retain or re-acquire Philippine citizenship.
Once a person takes the Oath of Allegiance under RA 9225, they are recognized as having dual citizenship, enjoying the same civil and political rights as any Filipino citizen, subject to the obligations and responsibilities enumerated under Philippine laws.

2.2 Rights of Dual Citizens

The 1987 Philippine Constitution generally guarantees the right to travel.
Dual citizens can obtain or renew a Philippine passport and are entitled to enter and exit the Philippines under that status.
They may also own property and participate in certain transactions restricted to Filipino citizens, subject to existing laws and regulations.

3. Philippine Constitutional Right to Travel

3.1 Constitutional Basis

Article III, Section 6 of the 1987 Philippine Constitution provides that the right to travel shall not be impaired except in the interest of national security, public safety, or public health, as may be provided by law.

3.2 Limitations on the Right to Travel

The right to travel can be restricted by court orders, such as a Hold Departure Order (HDO) or a Precautionary Hold Departure Order (PHDO), typically issued in connection with a criminal case pending in Philippine courts.
Watchlist orders or similar directives (issued by the Department of Justice) may also impose temporary or conditional restrictions.

For an ex-felon dual citizen, any restriction in travel would ordinarily stem from:

Pending legal cases or unfulfilled sentencing conditions in the Philippines.
Existing warrants or watchlist orders in the jurisdiction(s) where they were convicted.
Reciprocal law enforcement agreements between the Philippines and the foreign country.

4. Impact of Criminal Records on Travel Eligibility

4.1 If the Felony Was Committed Outside the Philippines

Foreign Criminal Records: An ex-felon with a conviction in another country might face travel limitations from that country or from third countries. For instance, the United States or certain EU countries may deny or restrict entry to individuals with certain criminal convictions.
Philippine Immigration: Generally, if an individual is a Filipino citizen or dual citizen, the Philippine government cannot bar them from entering the Philippines simply because of a foreign criminal record. The passport is proof of citizenship, and citizens have a right to return to their home country.
Potential Red Flags: However, if the offense is related to crimes such as terrorism, trafficking, or other major offenses of international concern, the individual may still face heightened scrutiny at Philippine ports of entry.

4.2 If the Felony Was Committed in the Philippines

If the individual was convicted of a felony (under Philippine law, typically referred to as a crime punishable by more than prision correccional) and has fully served the sentence or has been granted parole/probation, that person may still hold Filipino citizenship.
Travel Restrictions:
- A parole or probation agreement might contain provisions restricting international travel.
- Outstanding court orders (like a Hold Departure Order) may bar the ex-felon from leaving the Philippines until all conditions have been satisfied.

5. Hold Departure Orders and Watchlist Orders

5.1 Hold Departure Orders (HDO)

Issued by regional trial courts in criminal cases to prevent the defendant or the accused from leaving the country.
A dual citizen ex-felon who still has a pending case or other pending legal conditions in the Philippines may be subject to an HDO.
Once the case is dismissed, or the sentence is fully served, the individual (through counsel) may file a motion to lift the HDO, if applicable.

5.2 Precautionary Hold Departure Orders (PHDO)

Issued at the earliest stage of a criminal investigation, often upon the prosecution’s application.
Restricts travel to ensure presence for trial or investigation.
Similarly, must be addressed or lifted before the individual can freely leave.

5.3 Watchlist Orders

The Department of Justice (DOJ) can issue watchlist orders under certain circumstances, often for individuals under investigation for serious crimes.
A watchlist order does not always completely prohibit travel; it may require clearance from the DOJ prior to departure.

6. Philippine Passport Eligibility for Ex-Felon Dual Citizens

6.1 Basic Requirements

Under normal circumstances, a dual citizen is entitled to a Philippine passport.
Application: Requires presentation of the Oath of Allegiance (under RA 9225), the Identification Certificate from the Bureau of Immigration, or other documentary proof of Filipino citizenship.
Criminal Records: Generally, a Philippine passport application does not ask for foreign criminal record details. However, if there is a domestic legal impediment (such as an active court order), the Department of Foreign Affairs (DFA) or other agencies may coordinate with the courts.

6.2 Renewal or Issuance Issues

If an individual is subject to a hold departure order or any standing arrest warrant, the DFA could deny issuance or renewal of a passport, or ask for clearance from law enforcement.
In the absence of Philippine legal impediments, the ex-felon dual citizen can typically secure or renew a Philippine passport without issue.

7. Traveling In and Out of the Philippines

7.1 Entering the Philippines

As a Filipino citizen, even if holding dual citizenship, one is generally entitled to enter the country.
If a traveler uses a Philippine passport or dual-citizenship documents, Philippine immigration will process entry as a Filipino.
If any deportation orders were issued (in cases of foreign convictions with implications in the Philippines) or if there is a watchlist or hold order locally, entry might trigger additional scrutiny, but outright denial of entry is not typical for a citizen.

7.2 Exiting the Philippines

Filipino citizens may leave the Philippines freely, subject to compliance with immigration protocols (e.g., paying travel tax if required, securing exit clearances if they have a pending legal matter, etc.).
If there is a hold departure order, watchlist order, or any condition from a foreign parole or probation, that might affect the timing or legality of departure.
Dual citizens might choose to exit using either their Philippine passport or foreign passport, but must ensure that any legal restrictions have been lifted or addressed.

7.3 Transit or Entry to Other Countries

The real challenge for many ex-felons arises in the destination country’s laws. Some jurisdictions have strict entry requirements for travelers with serious criminal records (e.g., certain categories of crimes may bar entry to the United States, Canada, Australia, etc.).
Filipino immigration authorities typically do not prevent a citizen from leaving based on potential foreign entry restrictions; the receiving country’s immigration laws will control admission or denial of entry there.

8. Practical Considerations and Guidelines

Check for Philippine Court Orders:
- Ensure there is no active hold departure order or other court-imposed restriction.
- If one exists, consult an attorney to have it lifted or resolved.
Resolve Parole/Probation Issues:
- If you are on parole or probation in the Philippines or in another country, verify any travel restrictions. Violating these conditions may lead to revocation or additional criminal consequences.
Review Foreign Restrictions:
- If traveling to another country, especially one known to restrict entry based on criminal history (like the United States, Canada, Australia, Japan), review visa requirements and disclose past convictions truthfully if required.
Maintain Proper Documentation:
- Keep dual citizenship documents (Identification Certificate, Oath of Allegiance, or proof of re-acquisition of Philippine citizenship) accessible.
- Have copies of court orders showing completion of sentence or lifting of any travel-related order.
Consult Legal Counsel:
- If you are unsure about any aspect of your travel eligibility, especially with pending legal issues, seeking professional legal advice in the relevant jurisdictions (Philippines and the foreign country) is crucial.

9. Conclusion

In the Philippine context, ex-felon dual citizens still generally enjoy the constitutional right to travel. Citizenship confers the right to hold a Philippine passport and to enter the country. However, that right can be curtailed by valid legal processes, such as hold departure orders, watchlist orders, or parole/probation conditions. Furthermore, while the Philippines may not bar the entry of its own citizens, the real constraints on international movement often come from foreign laws, especially if the felony was committed or prosecuted abroad.

For ex-felon dual citizens, the key steps are to:

Verify and clear any local (Philippine) legal encumbrances.
Fulfill any legal obligations from the country where the felony occurred.
Confirm the entry requirements of the destination country to avoid denial of entry.

Given the potential complexities arising from multi-jurisdictional issues, it is advisable to seek counsel from licensed attorneys or directly inquire with Philippine immigration authorities, the Department of Foreign Affairs, and the relevant foreign embassy for up-to-date rules and requirements.

References and Resources

Republic Act No. 9225 (Citizenship Retention and Re-Acquisition Act) – for specifics on dual citizenship.
1987 Philippine Constitution, Article III, Section 6 – the constitutional guarantee on the right to travel.
Philippine Bureau of Immigration (BI) – https://immigration.gov.ph/ for guidelines on entry/exit and re-acquisition of citizenship.
Department of Foreign Affairs (DFA) – https://dfa.gov.ph/ for passport and travel document procedures.
Philippine courts – for information on hold departure orders or court-related travel restrictions.

Always remember that each case is unique, and professional advice is recommended to navigate the nuances of dual citizenship and ex-felon travel eligibility.