Balik-Pinoy (How to re-acquire your Philippine citizenship)

By Siesta-friendly

Lost your Philippine citizenship yet you want to avail of its benefits eh? Well, the government thought you might feel that way and so enacted the “Citizenship Retention and Re-acquisition Act of 2003” (R.A. 9225).

Take note that if you are already a dual citizen (with Philippine citizenship and foreign citizenship), then you need not apply for dual citizenship. Naturally. But, how do you know you’re already a dual citizen? You first have to know 2 basic doctrines in determining nationality: 1) the jus soli (right of soil) doctrine which states that the place of birth determines one’s nationality and 2) the jus sanguinis (right of birth) doctrine which states that the nationality of one’s parent/s determines one’s nationality.

It is important to know that the Philippines follows the right of birth (jus sanguinis) doctrine to determine its citizen’s nationality. Therefore, wherever you may have been born, as long as at least 1 of your parents was a Philippine citizen at the time of your birth, you are a Philippine citizen at birth. You may also be a citizen of the country where you were born in case such country follows the jus soli doctrine to determine its citizen’s nationality.

Thus, if at least 1 of your parents was a Philippine citizen at the time of your birth and you were born in the U.S. - which follows the jus soli doctrine - then you are a U.S and a Philippine citizen at birth. Under U.S. law, you are a U.S citizen since you were born there and under Philippine law you are a Philippine citizen because at least 1 of your parents was a Philippine citizen at the time of your birth. So it’s not necessary for you to apply for dual citizenship. And you can apply for both U.S. and Philippine passports. Sweet.

You must remember that if your Filipino parent/s lost his/her/their Philippine citizenship at the time of your birth, then you are not a Philippine citizen at birth even if you were born in the Philippines.

Clear? Then on we go to the procedural aspect. There are 4 different application procedures depending on your status:

a) Former natural-born Philippine citizen already in the Philippines and BI (Bureau of Immigration)-registered alien - file a petition under oath (the “Petition for Dual Citizenship and Issuance of Identification Certificate”) with the BI for the cancellation of the ACR (Alien Certificate of Registration) and issuance of an Identification Certificate (IC).

b) Former natural-born Philippine citizen who is abroad but a BI-registered alien - file a petition under oath with the nearest Philippine Foreign Post for evaluation. Thereafter, the entire records shall be forwarded to the BI for the cancellation of the ACR and issuance of an IC;

c) Former natural-born Philippine citizen already in the Philippines and not a BI-registered alien - within 60 days from date of arrival, file a petition under oath with the BI for the issuance of an IC;

d) Former natural-born Philippine citizen who is abroad and not a BI-registered alien - file a petition under oath with the nearest Philippine Foreign Post for the issuance of an IC.

The following shall be attached to the petition, which should all be contained in a legal size folder (according to the BI):

1. 2 recent 2 x 2 colored pictures over white background;

2. Proof of being a natural-born Filipino – at least 1 of the following originals with photocopy:

a) Philippine birth certificate certified by the National Statistics Office (NSO);

b) old Philippine passport;

c) voter’s affidavit or voter’s identification card;

d) marriage contract indicating applicant’s Philippine citizenship;

e) such other document/s that would indicate that the applicant is a natural-born Philippine citizen as may be acceptable to the BI (for example, a former Philippine citizen 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).

3. foreign passport;

4. Certificate of Naturalization or an original affidavit stating how foreign citizenship was acquired;

5. if the applicant’s name in the birth certificate or other documents is different from that in the foreign passport and other documents, applicant shall execute an affidavit explaining such difference and attach at least 2 documents showing applicant’s correct name;

6. 2 legal size self-addressed stamped envelopes; and

7. proof of payment of application fee - Original Receipt/s (USD50.00 or Php2,500.00)

If the applicant is a BI-registered alien, the following must also be attached:

1. Original ACR, and
2. Original Immigrant Certificate of Residence (ICR) or Certificate of Residence for Temporary Visitor (CRTV).

For each of the applicant’s unmarried children below 18 years, the following additional documents are required original and photocopy):

1. 2 recent 2 x 2 colored pictures over white background;
2. birth certificate;
3. foreign passport; and
4. proof of payment of application fee - Original Receipt/s (USD25.00 or Php1,250.00).

And what do you get in return? For starters, the right to vote and the opportunity to be voted for a public office (provided you renounce foreign citizenship). Practice professions limited only to citizens (doctors, lawyers, etc.). Own real estate without limit. Travel in and out of the country without obtaining entry visas or paying immigration fees.

Of course, apart from your rights as Philippine citizen, you will also assume the responsibilities and obligations of one. Like the payment of taxes. Gotcha. As well as the responsibility of shouldering the luxurious lives of politicians and government officials and enduring the reality that you can’t do much about it, except gripe. But I digress. Below is the Oath of Allegiance which is the final act that confers Philippine citizenship and which should give you a general idea of what you could be getting yourself into –

“I,___________, 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 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.”

Before anything else though, it is strongly suggested that you first consult with your local embassy as regards the effects of your obtaining Philippine citizenship on your current foreign citizenship.

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