FREQUENTLY ASKED QUESTIONS (FAQS) ON CITIZENSHIP
Below are the answers to the most frequently asked questions on Philippine citizenship. If you can’t find the answer(s) to your question(s), please contact us at citizenship(at)philippine-embassy.de.
Who are natural-born Filipinos?
The following are considered natural-born Filipinos under the 1987 Philippine Constitution:
a. A person who, at the time of his/her birth, has at least one Filipino parent,
b. A person born to a Filipino mother before 17 January 1973 who elected Philippine citizenship upon reaching the age of majority (21 years old), and,
c. Those who were born under the 1935 and 1973 Philippine Constitutions.
How do I prove that I am a natural-born Filipino?
Those who were born in the Philippines must submit a copy of his/her birth certificate issued by the Philippine Statistics Authority (PSA) and authenticated by the DFA or Philippine Embassy or Consulate. It must be emphasized that the birth certificate must show that his/her parent(s) are Filipino citizens at the time of birth. If the applicant was born during the effectivity of the 1935 Constitution and he/she derived Philippine citizenship from the mother, the applicant must also
present his/her Certificate of Election of Philippine citizenship.
Those who were born abroad must present a copy of the Report of Birth issued by the Philippine Embassy or Consulate and, in applicable cases, the original copy of his/her birth certificate by competent foreign authorities. Other documents may also be required from the applicant when his/her birth certificate does not clearly indicate the nationality of his/her parent/s.
Note: Copies of birth certificate from the Philippine Statistics Authority (PSA) may be requested on-line through the website www.psaserbilis.com.ph.
What is dual citizenship?
Dual citizenship means that you have two citizenships at the same time as a result of the interaction of the laws between two countries. A person can be a dual citizen by choice or by birth. An individual can be considered a Philippine dual citizen by choice through the process of RA 9225 while a Philippine dual citizen by birth is a natural-born Filipino who does not have to perform any action to acquire the citizenships.
Dual citizenship only refers to those who have two citizenships at the same time. Those who possess more than two citizenships are considered to have multiple citizenships.
Who are not eligible for dual citizenship under RA 9225?
Persons who were naturalized Filipinos before acquiring the citizenship of another country are not eligible for Philippine dual citizenship. Those who are not natural born Filipinos are not eligible to apply under this Act.
What is the difference between retention and re-acquisition?
Those who were naturalized before the effectivity of RA 9225 or before 2003 were deemed to have lost their Philippine citizenship (under Commonwealth Act 63) and can re-acquire it under the same Act.
Those who were naturalized after the effectivity of RA 9225 or after 2003 were deemed to have kept their Philippine citizenship, in other words can retain it.
To retain or re-acquire one’s Philippine citizenship one still has to undergo the same procedure.
What cases can re-acquisition be applied for under RA 9225?
RA 9225 provides for the re-acquisition of Philippine citizenship which has been lost through naturalization only. Other forms or ways by which the citizenship was lost cannot be re-acquired through RA 9225. Jus soli (right of soil) is the legal principle that a person’s nationality at birth is determined by the place of birth (i.e., the territory of a given state).
For example, US follows jus soli, so children born in the US are automatically considered American citizens regardless of the nationality of their parents. Jus sanguinis (right of blood) is the legal principle that, at birth, an individual acquires the nationality of his/ her natural parent/s. For example, the Philippines follows jus sanguinis so any child born to Filipino parent/s, regardless of
their location, is automatically considered a Philippine citizen.
Who are those who have no need to apply for the re-acquisition of their Philippine citizenship?
Philippine citizens who acquired foreign citizenship through means aside from naturalization need not to apply for re acquisition of their citizenship under RA 9225. These include the following cases:
- Philippine citizens who marry foreign citizens, if, by the laws of the latter’s country, they are considered citizens, unless by their act or omission they are deemed to have renounced Philippine citizenship (such as taking an oath of allegiance);
- Those born of Filipino fathers and/or mothers in foreign countries following the principle of jus soli which makes them dual citizens by birth;
- It must be emphasized that those who are dual citizens by birth (i.e. jus soli and jus sanguinis) should still file a Report of Birth before the nearest Philippine Embassy or Consulate.
- Those born in the Philippines of Filipino mothers and alien fathers if by the laws of their fathers’ country, such children are citizens of that country.
What are the requirements in applying for retention or re-acquisition under RA 9225?
Please refer to the complete set of requirements here: http://philippine-embassy.de/filipino-citizenship/
I am applying for dual citizenship, who among my dependents can apply for dual citizenship?
According to Section 4 of RA 9225, the unmarried child (legitimate, illegitimate or adopted), below 18 years old, of those who apply to retain or re-acquire dual citizenship shall automatically be considered citizens of the Philippines, upon the completion of the re-acquisition process of the applicant. They will no longer need to apply for Philippine Citizenship on their own provided that they are included in the parent’s application as they fall under the principles of derivative citizenship.
Derivative citizenship is the method of solely passing the citizenship of the parents to his/her children. However, dependents above 18 years old or older, or even if he/she is not yet 18, but married, do not fall under derivative citizenship. He/she must individually apply to retain or re-acquire Philippine Citizenship in accordance with RA 9225.
What happens to the citizenship of legal age child(ren) of former Filipino parents upon the latter’s re-acquisition of Philippine citizenship?
A child who is 18 years of age or above at the time of the parent’s re-acquisition of Philippine citizenship but was born when either parent was still a Philippine citizen, is considered to have been a natural born Filipino and may apply for recognition as a Filipino citizen5 on his/her own behalf. In addition, the applicant must show proof that either or both parents were Philippine citizens at the time of his/her birth.
Example:
Ms. AAA, a natural-born Filipino, married an Australian national who brought her to Australia where she gave birth to BBB. She was naturalized one month after. Ms. AAA applied to re-acquire her Philippine Citizenship but failed to include BBB as her dependent when she applied. BBB is now 22 years old. Can she apply for the retention of her Philippine citizenship on her own? Yes, she can. Her mother AAA was still a Philippine citizen when she was born before AAA had herself naturalized. BBB is a natural born Filipino and thus is allowed to apply for retention of her Philippine citizenship.
Can my foreign spouse also become a Philippine citizen?
Yes, the foreign spouse of Philippine citizen can become a Philippine citizen through the process of naturalization and in accordance with Commonwealth Act. No 473, but not through R.A. 9225. In order for a foreigner spouse of Philippine citizen to become a citizen of the Philippines by naturalization, he/she must possess all the following qualifications:
- Must be not less than twenty-one years of age on the day of the hearing of the petition.
- Must have resided in the Philippines for a continuous period of not less than five years.
- Must be of good moral character and believes in the principles underlying the Philippine Constitution, and must have conducted himself in a proper and irreproachable manner during the entire period of his residence in the Philippines in his relation with the constituted government as well as with the community in which he is living.
- Must own real estate in the Philippines worth not less than five thousand pesos, Philippine currency, or must have some known lucrative trade, profession, or lawful occupation.
- Must be able to speak and write English or Spanish and any one of the principal Philippine languages.
- Must have enrolled his minor children of school age, in any of the public or private schools in the Philippines, where the Philippine history, government and civics are taught or prescribed as part of the school curriculum, during the entire period of the residence in the Philippines required of him prior to the hearing of his petition for naturalization as Philippine citizen. However, RA 9225 only allows for retention and re-acquisition of former natural-born Filipinos.
What other important issues should an individual consider before re-acquiring Philippine citizenship pursuant to Republic Act 9225?
- Possible loss of citizenship in the country of which he/she is a naturalized citizen
- Possible loss of diplomatic and consular protection when abroad (Section 4 of 1930 Hague Convention states that a State may not afford diplomatic protection to one of its nationals against a State whose nationality such person also possesses)
- Conflicting obligations to the countries of which he/she is a national
- Military service (case of conflicting military obligation to both countries)
What rights and privileges is one entitled to on re-acquiring Philippine citizenship?
Dual citizens enjoy the full civil, economic, and political rights of Filipinos as guaranteed by the Philippine Constitution and existing Philippine laws. These include:
- Right to vote in Philippine national and local elections
- Right to own land and property in the Philippines
- Right to engage in business or commerce as a Filipino
- Right to practice one’s profession, provided that a license or permit to engage in such practice is obtained from the Professional Regulation Commission (PRC), or the Supreme Court in the case of lawyers
- Right to travel bearing a Filipino passport
- All rights and privileges enjoyed by Philippine citizens (however, he/she must renounce all foreign citizenship if he/she is planning to run for an elective post or work in government)
Upon re-acquisition of Philippine citizenship, am I required to apply for a Philippine passport?
Application of a Philippine passport is not a requirement. However, it is strongly recommended to apply for a Philippine passport immediately after the re-acquisition of Philippine citizenship. A passport serves as an evidence of citizenship and is easier to carry around than other Identification Certificates. Also, a Philippine passport would make it easier to travel to and from the Philippines.
The Philippine passport can be presented together with the other passport in the Philippines, to exempt an individual from paying Immigration fees. In case there’s a need to conduct business in the Philippines (e.g. in a bank), a Philippine passport is a universally recognized government issued ID. Furthermore, possession of a valid Philippine passport enables a visa-free entry for up to thirty (30) days to countries neighboring the Philippines, such as Singapore, Thailand, Viet Nam and Indonesia, among others.
I have an unexpired Philippine passport which I renewed before I got naturalized. Can I still use this passport after re-acquiring my Philippine citizenship?
No. The moment an individual was naturalized as a citizen of another country, they had relinquished all the rights and privileges as a Philippine citizen, which includes the possession of a Philippine passport; as such, the Philippine passport is no longer valid. After re-acquisition of Philippine citizenship, application for a new Philippine passport is possible.
It must be emphasized that the Philippine passports of those who were naturalized as citizens of another country should no longer be used. Their subsequent application for a Philippine passport after they have re-acquired Philippine citizenship should be treated as a new application for passport and not a renewal of their previous one.
Will my foreign spouse travelling with me to the Philippines be required to secure a visa?
Under the Balikbayan program, the foreign spouse and children of Filipinos/former Filipinos may stay in the Philippines visa-free for a period of one (1) year, extendable to another six (6) months, provided that they have a round-trip/return ticket and that they travel with the Filipino spouse/parent. This is applicable only to foreign spouses from the listed countries: COUNTRIES COVERED BY THE BALIKBAYAN PROGRAM
More information on the Balikbayan program: http://philippine-embassy.de/balikbayan-privilege/
As a dual citizen, how long can I stay in the Philippines?
Having re-acquired Philippine citizenship, the stay in the Philippines can be for as long as an individual wants without having to pay any immigration fees. Choosing to retire or permanently settle back in the Philippines is also possible. As a Filipino citizen, one is 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.
As a dual citizen, can I reside in the Philippines without a visa?
Yes, former natural born Filipinos who have re-acquired Philippine citizenship may reside in the Philippines continuously without having to apply for a visa. If the foreign spouse and/or child wish to also reside permanently in the Philippines, they may opt to apply for naturalization as a Filipino citizen or apply for a permanent resident visa.
If the former natural born Filipino does not wish to reside permanently 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. More information on the Balikbayan privilege here: http://philippine-embassy.de/balikbayan-privilege/
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. The official organizations mandated by the government of the Philippines to regulate and supervise the practice of various professionals are the Supreme Court (for lawyers) and the Professional Regulation Commission (PRC) for other professions.
Can the conferment of Philippine citizenship be revoked?
Under Sec. 19 of DOJ Memorandum Circular No. MCL-08-006, the Order of Approval may be revoked by the Department of Justice upon a substantive finding’ of fraud, misrepresentation or concealment on the part of the applicant and after an administrative hearing initiated by an aggrieved party or by the Bureau of Immigration (BI).
I have other questions not addressed in the FAQs, who do I contact?
If your query is not answered by any of the information above, please send us an email at citizenship@philippine-embassy.de.