Ra 9225

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Republic of the Philippines

Congress of the Philippines


Metro Manila
REPUBLIC ACT NO. 9225
AN ACT MAKING THE CITIZENSHIP OF PHILIPPINE CITIZENS WHO ACQUIRE FOREIGN
CITIZENSHIP PERMANENT, AMENDING FOR THE PURPOSE COMMONWEALTH ACT NO. 63
AS AMENDED,
AND FOR OTHER PURPOSES
Be it enacted by the Senate and the House of Representatives of the Philippines in
Congress assembled:

SECTION 1. Short Title. --- This Act shall be known as the "Citizenship Retention and
Reacquisition Act of 2003."
SEC 2. Declaration of Policy. --- It is hereby declared the policy of the State that all
Philippine citizens who become citizens of another country shall be deemed not to have
lost their Philippine citizenship under the conditions of this Act.
SEC. 3. Retention of Philippine Citizenship. --- 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 aforesaid oath.
SEC. 4. Derivative 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 this Act shall be deemed citizens of the Philippines.
SEC 5. Civil and Political Rights and Responsibilities. --- 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.
SEC. 6. Separability Clause. --- If any section or provision of this Act is held
unconstitutional or invalid, any other section or provision not affected thereby shall remain
valid and effective.
SEC. 7. Repealing Clause. --- All laws, decrees, orders, rules and regulations
inconsistent with the provisions of this Act are hereby repealed or modified accordingly.
SEC. 8. Effectivity Clause. --- This act shall take effect after fifteen (15) days following its
publication in the Official Gazette or two (2) newspapers of general circulation.
Approved:
JOSE DE VENECIA, JR.
Speaker of the House Of Representatives
Wwwwwwww
wwwwApproved:
GLORIA MACAPAGAL-ARROYO
President, Republic of the Philippines
MEMORANDUM CIRCULAR No. AFF-04-01

FRANKLIN M. DRILON
President of the Senate

RULES GOVERNING PHILIPPINE CITIZENSHIP UNDER REPUBLIC ACT (R.A.) NO. 9225 AND
ADMINISTRATIVE ORDER (A.O.) NO. 91, SERIES OF 2004

WHEREAS, R.A. No. 9225 declares that the natural-born citizens of the Philippines who become citizens
of another country shall be deemed not to have lost their Philippine citizenship under conditions provided
therein;
WHEREAS, A.O. No. 91, Section8 1 designates the Bureau of Immigration (BI), in consultation with the
Department of Foreign Affairs (DFA), Department of Justice (DOJ) Office of the Civil Registrar-General,
National Statistics Office (NSO), as the implementing agency of R.A. No. 9225;
WHEREAS, A.O. No. 91, Section 2 authorizes the BI to promulgate and issue rules and regulations to
implement R.A. No: 9225;
WHEREFORE, by authority of A.O. No. 91 Section 2 in relation to Commonwealth Act No. 613,
Section 3, as amended, the following rules are hereby adopted to carry out the provisions of R.A.
No. 9225.
Section 1. Coverage. These rules shall apply to former natural-born citizens of the Philippines , as
defined by Philippine law and jurisprudence, who have lost their Philippine citizenship by reason of their
naturalization as citizens of a foreign country.
Section 2. Former natural-born Philippine citizen already in the Philippines and BI-registered alien
A former natural-born citizen of the Philippines who is already in the Philippines and registered in the BI
shall file a petition under oath to the Commissioner of Immigration for the cancellation of Alien Certificate

of Registration (ACR) and issuance of an Identification Certificate (IC), as the case may be, under R.A. No.
9225.
Section 3. Former natural-born Philippine citizen who is abroad but a BI-registered alien A
former natural-born citizen of the Philippines who is abroad but is a BI-registered alien shall file a petition
under oath to the nearest Philippine Foreign Post for evaluation. Thereafter, it shall forward the entire
records to the Commissioner of Immigration for the cancellation of Alien Certificate of Registration (ACR)
and issuance of an IC under R.A. No. 9225.
Section 4. Former natural-born Philippine citizen already in the Philippines and not a BI-registered
alien A former natural-born citizen of the Philippines who is already in the Philippines but has not
registered with the BI within sixty (60) days from date of his arrival shall file a petition under oath to the
Commissioner of Immigration for the issuance of an IC under R.A. No. 9225.
Section 5. Former natural-born Philippine citizen who is abroad and not a BI-registered alien A
former natural born citizen of the Philippines who is abroad and not a BI-registered alien shall file a
petition under oath to the nearest Philippine Foreign Post for the issuance of an IC under R.A. No. 9225.
Section 6. Forwarding address. Photographs. In all petitions under Section 2 and 5 hereof, the
applicant must indicate his or her latest forwarding address. Three (3) recent 2 x 2 photographs of the
applicant (front, left side, and right side views over white background) shall be attached to the petition.
Section 7. Fees. Each applicant under these Rules shall pay a one-time fee for the processing of the
application and issuance of the corresponding IC.
Applicants already in the Philippines shall attach the official receipt for the amount of P2,500.00
as proof of payment of processing fee. Applicants who are abroad shall attach the official receipt
for the amount of US$50 or its equivalent in foreign currency acceptable to the Philippine Foreign
Post concerned.
Section 8. Proof as natural born citizen of the Philippines. A former natural-born citizen of the
Philippines, who was born in the Philippines, shall submit the NSO-authenticated copy of his or her birth
certificate.
On the other hand, a former natural-born citizen of the Philippines, who was born abroad, shall
submit the original copy of the Report of Birth issued by the Philippine Foreign Post and in
applicable cases, the Birth Certificate issued by competent foreign authorities.
These documents shall be sufficient to establish that the applicant is a natural-born citizen of the
Philippines for purposes of these Rules.
Section 9. Submission of the Oath of Allegiance Applicant under these Rules shall also sign and
attach an Oath of Allegiance to the Republic of the Philippines as follows:
I (name of the applicant) solemnly swear (or affirm) that I will support and defend the Constitution
of the Republic of the Philippines and obey the laws and local orders promulgated by the duly
constituted authorities 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.
Section 10. Strict compliance. Effect of non-compliance. All petitions must strictly comply with the
preceding requirements prior to filing at the Office of the Commissioner or at the nearest Philippine
Foreign Post, as the case may be. After the filing of the petition, the same shall be assigned to an evaluating
officer who shall evaluate the petition without further proceedings.
In the case of petitions that do not comply with the requirements, the applicant shall be notified to
submit the required documents within thirty (30) days from receipt thereof. Otherwise, the petition
shall not be favorably acted upon the Bureau of Immigration or by the Philippine Foreign Post.
Section 11. Approval Procedures. If the petition is found to be sufficient in form and in substance,
the evaluating officer shall submit the findings and recommendation to the Commissioner of Immigration
or Consul-General, as the case may be, within five (5) days from the date of assignment.
For applications filed under Sections 2 and 4 of these Rules, the Commissioners of Immigration
shall issue, within five (5) days from receipt thereof, an Order of Approval indicating that the
petition complies with the provisions of R.A. No. 9225 and its IRR, and further direct the Chief of

the Alien Registration Division (ARD) to cancel the subject ACR and/or to issue the
corresponding IC to the applicant. Each cancelled ACR shall however, be attached to the Order of
Approval to form part of the records of the applicant.
For the applications filed under Section 3 and 5 of these Rules, the Consul-General shall issue, within five
(5) days from receipt thereof, the Order of Approval indicating that the petition complies with the
provisions of R.A. No. 9225 and its IRR. He shall then transmit copies of the Order of Approval, Oath of
Allegiance, including the authenticated Record of Birth or Birth Certificate to the BI. Immediately upon
receipt thereof, the BI shall issue the corresponding IC to the applicant and forward the same to the
Philippine Foreign Post concerned. If the applicant is a BI-registered alien, the BI shall also cancel the
subject ACR.
Section 12. Conferment of the Philippine Citizenship. Conditions. Subject to full compliance with
these Rules, the Oath of Allegiance shall be the final act that confers Philippine citizenship.
In case the applicant is in the Philippines, he may take his Oath of Allegiance before the
Commissioner of Immigration or any office authorized under existing laws to administer oath. In
the latter case, the applicant must submit the Oath of Allegiance to the BI to form part of his
records.
In case the applicant is abroad, only the Consul-General or a duly commissioned foreign service
officer of the Philippine Foreign Post concerned shall administer the Oath of Allegiance.
The Oath of Allegiance shall thereafter be registered in accordance with the provisions of the Civil
Registry laws.
Section 13. Repository Records. The BI Records Section shall maintain the integrity of all the
documents filed under these Rules. It shall send official copies of the Order of Approval and Oath of
Allegiance to the NSO.
Section 14. Copies for the Applicant. Identification Certificate. Corrections of errors. The
applicant shall be provided with an official copies of the of the Order of Approval and the Oath of
Allegiance. Further, all ICs issued under these Rules shall indicate Philippine citizenship under R.A. No.
9225 and A.O. No. 91, s. 2004. Any clerical error or errors in the entries of the IC may be corrected, upon
written request to and approval by the Commissioner of Immigration. The NSO shall be promptly provided
with a copy of the corrected IC.
Section 15. Confidentiality of Records. Any application, document or information given before the
Bureau of Immigration or any Philippine Foreign Post shall not be divulged in any manner to any person or
entity without the express written consent of the person to whom such application, record or information
belongs.
Section 16. Other beneficiaries of R.A. No. 9225. This memorandum circular shall equally apply to
the unmarried child, whether legitimate, illegitimate or adopted, below eighteen (18) years of age, of those
who re-acquire Philippine citizenship upon the effectivity of R.A. No. 9225.
Section 17. Exemption from administrative review. Limitations. The conferment of Philippine
citizenship under these Rules shall no longer be subject to the affirmation by the Secretary of Justice
pursuant to DOJ Policy Directive of 7 September 1970 and Opinion No. 108, s. 1996.
However, Philippine citizenship under these Rules may be revoked by competent authority upon a
substantive finding of fraud, misrepresentation or concealment on the part of the applicant.
Section 18. Effectivity. This memorandum circular takes effect fifteen (15) days after its
publication in two (2) newspaper of general circulation.

FREQUENTLY ASKED QUESTIONS


1.

Dual

Citizenship

With President Arroyo's signing of the Dual Citizenship bill, Citizenship Retention and
Re-acquisition Act of 2003 (Republic Act No. 9225), Filipinos the world over can once
again re-acquire their Philippine citizenship.

1. What

is

Republic

Act

No.

9225?

Republic Act No. 9225 is an Act making the citizenship of Filipinos who acquire
foreign citizenship permanent, amending for the purpose Commonwealth Act
No.
63.
RA 9225, which took effect on 17 September 2003, declares that former
natural-born Filipino citizens who acquired foreign citizenship through
naturalisation are deemed not to have lost their Philippine citizenship under
conditions
provided
in
the
Act.
There former Filipinos can re-acquire/retain their Philippine citizenship by
taking the oath of allegiance to the Republic of the Philippines.
2. Who
is
a
natural-born
Filipino
citizens?
Under the Philippine Constitution, a natural-born citizen is a person born of
one or both parents who are Filipino citizens at the time of birth.
3. Does
the
law
RA
9225
apply
to
dual
citizens?
RA 9225 does not apply to dual citizens, ie, those who have both Philippine
citizenship as well as foreign citizenship not acquired through naturalisation.
1. A child born of parents who are both Filipino citizens (at the time of
birth) in a country that adheres to the jus soli principle (eg, the United
States) is a dual citizen. The child, who is a natural-born Filipino
because the Philippines adheres to the jus sanginis principle, is also
entitled
to
apply
for
a
US
passport.
Jus soli (right of soil) is the legal principle that a person's nationality at
birth is determined by the place of birth (ie, the territory of a given
state).
Jus sanguinis (right of blood) is the legal principle that, at birth, an
individual acquires the nationality of his/her natural parent/s.
2. A chld born of one parent who is a Filipino citizen (at the time of birth)
and of one foreign parent (eg, Australian) whose country adheres to
the jus sanguinis principle is a dual citizen and is entitled to apply for
both
Philippine
and
Australian
passports.
3. A child born of one parent who is a Filipino citizen (at the time of birth)
and of one foreign parent (eg, Australian) whose country adheres to
the jus sanguinis principle in a country that adheres to the jus soli
principle (eg, US) would be entitled to apply for Philippine, Australian
and US passports.
4. How

do

prove

that

am

natural-born

Filipino?

A former natural-born citizen, who was born in the Philippines, shall submit the
NSO-authenticated
copy
of
his
or
her
birth
certificate.
A former natural-born citizen, who was born abroad, shall present a copy of
the Report of Birth issued by the Philippine Embassy or Consulate and, in
applicable cases, the original copy of the Birth Certificate by competent
foreign
authorities.
5. What is the procedure in applying and what documents are required in order
to
apply?
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 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
applicants
parents)
b. Applicant accomplishes form entitled Petition for Dual Citizenship and
Issuance of Identification Certificate (IC) pursuant to RA 9225 and
attaches three (3) 2x2 photographs showing the front, left side and
right
side
views
of
the
applicant.
c. Applicant submits duly-accomplished petition to the Philippine
Consulate / Embassy 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.
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.
6. What

is

the

implementing

agency

of

RA

9225?

Administrative Order No. 91, Section 1 designates the Bureau of Immigration


(BI), in consultation with the Department of Foreign Affairs (DFA), Department
of Justice (DOJ), Office of the Civil Registrar-General of the National Statistics
Office
(NSO),
as
the
implementing
agency
of
RA
9225
7. Where do I apply for re-acquisition of Philippine Citizenship if I am in the
Philippines?
A former natural-born Filipino citizen who is already in the Philippines and
registered in the Bureau of Immigration shall file a petition under oath to the
Commissioner of Immigration for the cancellation of the Alien Certificate of
Registration (ACR) and issuance of an Identification Certificate (IC) as the case
may
be,
under
RA
9225.
A former natural-born citizen who is already in the Philippines but has not
registered with the BI within 60 days from date of arrival shall file a petition
under oath to the Commissioner of Immigration for the issuance of an IC
under
RA
9225.
8. Where do I apply for re-acquisition of Philippine Citizenship if I am overseas?
A former natural-born citizen who is abroad but is a BI-registered alien shall
file a petition under oath to the nearest Philippine Embassy or Consulate for
evaluation. Thereafter, the Embassy or Consulate shall forward the entire
records to the Commissioner of Immigration for the cancellation of the ACR
and
issuance
of
an
IC
under
RA
9225.
A former natural-born citizen who is abroad and is not a BI-registered alien
shall file a petition under oath to the nearest Philippine Embassy or Consulate

for

the

issuance

of

an

IC

under

RA

9225.

9. What
is
the
Oath
of
Allegiance?
The Oath of Allegiance is the final act that confers Philippine citizenship. It
reads
as
follows:
"I,________________, solemnly swear that I will support and defend the
Constitution of the Republic of the Philippines and obey the laws and local
orders promulgated by the duly constituted authorities of the Philippines, and
I hereby declare that I recognise 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."
10. Can

the

conferment

of

Philippine

citizenship

be

revoked?

The conferment of Philippine citizenship under the IRR shall no longer be


subject to the affirmation by the Secretary of Justice. However, Philippine
citizenship may be revoked by competent authority upon a substantive finding
of fraud, misrepresentation or concealment on the part of the applicant.
11. Can my foreign spouse also become a Filipino citizen under RA 9225?
No, the law does not apply to the foreign spouse. He/she has the following
option if he/she wishes to reside permanently in the Philippines: (a) apply for
naturalisation;
(b)
apply
for
a
permanent
resident
visa.
12. Can my children (minor or aged 18 years old or over) also acquire Philippine
citizenship
under
RA
9225?
According to Section 4 of RA 9225 (Derivative Citizenship), the unmarried
child, whether legitimate, illegitimate or adopted, below eighteen (18) years
of age, of those who re-acquire Philippine citizenship under this Act shall be
deemed
citizens
of
the
Philippines.
A married child, although a minor, cannot therefore be included in the petition
of
his/her
parent.
Children 18 years old and over do not qualify to acquire Philippine citizenship
under RA 9225. They have the same options that are open to the foreign
spouse.
13. What is the procedure for derivative acquisition of Philippine citizenship?
The petition under oath has the option to list the names and details of any
minor, unmarried children. The applicant should include a copy of the Report
of Birth and the original copy of Record of Birth for each minor child.
The Embassy will clarify from Bureau of Immigration the exact procedure in
case of the minor children and whether the BI will issue to them a Certificate
of
Identification.
14. After I have re-acquired Philippine citizenship, can I apply for a Philippine
passport?
Yes, and so can the minor children who are deemed to have acquired
Philippine citizenship under RA 9225. You would need to comply with the
requirements
for
first-time
passport
applicants.

15. What

rights

and

privileges

will

dual

citizens

enjoy?

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.
c. 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.
d. 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;
16. Can I now acquire land and other properties or engage in business?
As provided for under the 1987 Philippine Constitution, a Filipino citizen is
entitled to purchase land and other properties and engage in business. There
is no limit in terms of area or size of land or real property he/she could
acquire/purchase under his/her name. This right would now apply to former
natural-born Filipinos who have re-acquired Philippine citizenship under RA
9225.
17. Can I now reside in the Philippines without having to apply for entry visa?
Former natural born Filipinos who have re-acquired Philippine citizenship may
now reside in the Philippines continuously without having to apply for entry
visa. If the foreign spouse and/or child wish to also reside permanently in the
Philippines, they may opt to apply for naturalisation as a Filipino citizen or
apply
for
a
permanent
resident
visa.
If he/she does not wish to reside permanent in the Philippines, he/she could
visit the country as a Balikbayan (refers to a Filipino citizen who is out of the
country continuously for at least one year). The foreign spouse or child may
enter the country and stay for up to a year visa-free provided the spouse or
child is accompanying or travelling with the Balikbayan when the Balikbayan
goes
home
to
the
Philippines.
18. As

dual

citizen,

how

long

can

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.

19. Will I now be required to pay income tax and other taxes? Am I exempt from
paying
the
travel
tax?
In accordance with existing laws, income earned in the Philippines is subject
to the payment of tax. Filipinos who re-acquire citizenship and opt to reside
and work in the Philippines will pay the income tax due at the end of each
fiscal year. They are also subject to other obligations and liabilities, such as
the
community
tax
and
residence
tax.
Countries routinely forge bilateral agreements in order that their respective
citizens who earn income overseas do not pay income tax twice.
Filipinos who have re-acquired citizenship, as long as they reside permanently
overseas, also enjoy the travel tax exemption extended to Filipino citizens
permanently residing in other countries, the OFWs and their dependents.

20. 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.
21. 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 Commissioner, Bureau of
Immigration, Magallanes Drive, Intramuros, Manila, Philippines. (Tel. No. (63)2
527-3265 / Fax No. (63-2) 527-3279)

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