Friday, December 21, 2007

Dual citizenship: A primer on RA 9225 Citizenship Retention and Reacquisition Act of 2003

What is the policy of the State regarding dual citizenship?

All Philippine citizens who become citizens of another country shall be deemed not to have lost their Philippine citizenship under the conditions of RA 9225.

How can Philippine citizenship be reacquired by a Filipino who has been naturalized as a citizen of a foreign country?

Any provision of law to the contrary notwithstanding, natural-born citizens of the Philippine who have lost their Philippine citizenship by reason of their naturalization as citizens of a foreign country are hereby deemed to have re-acquired Philippine citizenship upon taking the following oath of allegiance to the Republic:

“I, _________________________________, solemnly swear (or affirm) 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 with no mental reservation or purpose of evasion.”
Natural-born citizens of the Philippines who, after the effectivity of this Act, become citizens of a foreign country shall retain their Philippine citizenship upon taking the oath stated above.

What is derivate citizenship?

The unmarried child, whether legitimate, illegitimate or adopted, below eighteen (18) years of age, of those who re-acquire Philippine citizenship upon effectivity of RA 9225 shall be deemed citizens of the Philippines.

What are the civil and political rights and responsibilities of those who retain or re-acquire Filipino citizenship?

Those who retain or re-acquire Philippine citizenship under this Act 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:
  1. 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 of 2003" and other existing laws;
  2. 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 the 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;
  3. 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. 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; and
  5. That right to vote or be elected or appointed to any public office in the Philippines cannot be exercised by, or extended to, those who: (a) are candidates for or are occupying any public office in the country of which they are naturalized citizens; and/or (b) are in active services as commissioned or non-commissioned officers in the armed forces of the country which they are naturalized citizens.
Relevant information: Philippine Retirement Authority

The PRA is a government owned and controlled corporation which was created by virtue of Executive Order No. 1037, which was signed by then President Ferdinand E. Marcos, on 04 July 1985. On 31 August 2001, through Executive Order No. 26, the control and supervision of PRA was transferred to the Board of Investments (BOI) from the Office of the President.

The PRA is mandated to attract foreign nationals and former Filipino citizens to invest, reside and retire in the Philippines with the end-view of accelerating the socio-economic development of the country; contributing to the foreign currency reserve of the economy; and by providing them the best quality of life in the most attractive package.