Monday, March 30, 2009

Natural-born Filipinos, Naturalized US Citizens and RA 9225

Since the creation of this blog was inspired by questions from my family living in the US, the first country that I will tackle as to effects and impact on reacquiring Filipino citizenship by virtue of RA 9225 is predictably, the United States of America.

General issues that can be addressed without looking at laws outside of the Philippines are addressed at the FAQ part of this site.

One of the most burning questions to availing of RA 9225 is whether or not the naturalized individual will lose his or her existing citizenship. Pertinent to the United States of America, I discuss the issue below by the use of the Q & A format.

What law governs loss of nationality/citizenship in the USA? Will I lose my US citizenship by virtue of pledging allegiance to the Philippines in relation to RA 9225?

The US law is INA Act 349.
Sec. 349. [8 U.S.C. 1481] provides:

“(a) A person who is a national of the United States whether by birth or naturalization, shall lose his nationality by voluntarily performing any of the following acts with the intention of relinquishing United States nationality-

X X X

(2) taking an oath or making an affirmation or other formal declaration of allegiance to a foreign state or a political subdivision thereof, after having attained the age of eighteen years; X X X (emphasis supplied)



You can find the full text of this provision at the USCIS website.

Therefore, when a natural born Filipino who is a naturalized US citizen, takes an oath of allegiance to the Philippines, he/she will lose his/her US nationality if it is proven by a preponderance of evidence that he/she did the same WITH THE INTENTION of RELINQUISHING United States nationality.

It should be noted that in case of doubt the case will be decided in favor of citizenship.

You can find more information at the USCIS website mentioned above.


How does the US determine intent of relinquishing United States nationality?


Official US documents suggests that the US authorities will determine intent on a case to case basis by considering among other elements - - - the circumstances in which the acts occurred, the age of the individual, the foreign country involved (in this case the Philippines), the level of a person’s knowledge of pertinent laws, and the contemporaneous acts of the individual.

For examples of indicators to determine intent of retaining and relinquishing US nationality, I reproduce below the following enumerations from the USCIS website.

"INDICATIONS OF AN INTENT TO RETAIN U.S. CITIZENSHIP:

(1) Statements made immediately prior to or contemporaneously with the possible expatriating act to the effect that the subject continues to regard himself as a U.S. citizen and has no intention of relinquishing that citizenship. Statements made in writing and to a consular or diplomatic officer entitled to the greatest weight. Less formal statements, including subsequent acknowledgments of U.S. citizenship in connection with application for employment, for admission to educational institutions, and the like, also constitute important evidence.

(2) Continued respect for the obligations of U.S. citizenship, including the filing of U.S. income tax returns as a citizen and registering for military service.

(3) Continued use of U.S. passport.

(4) Request for citizenship documentation for children born subsequent to the expatriating act.

(5) Maintenance of a residence in the United States, especially where it is the subject's exclusive residence.

(6) Participation in political activity in the United States, including voting, membership in a political party and running for public office.

INDICATIONS OF AN INTENT TO RELINQUISH U.S. CITIZENSHIP

(1) Renunciatory statements made in connection with the possible expatriating act-the more explicit and formal statement, the greater its probative value.

(2) Surrender of U.S. passport to foreign authorities in connection with the possible expatriating act, return of the passport or other evidence of U.S. citizenship to U.S. authorities, or destruction of documents evidencing U.S. citizenship.

(3) Statements made in connections with tax returns, applications for employment for admission to educational institutions, financial transactions, or the like, in which the subject denies U.S. citizenship.

(4) Requesting a visa for travel to the U.S. and/or entering the U.S. on a foreign passport, especially where the subject has previously entered the U.S. as a U,S, citizen.

(5) Seeking public office in a foreign country.

(6) Membership in a political party in a foreign country.

(7) Exclusive use of a foreign passport.

(8) Failure to register subsequently born children if children born before the possible expatriating act were registered.

(9) Failure to maintain current U.S. citizenship documentation, especially for a period of many years, where the subject has previously maintained current documentation.

(10) Failure to respect the obligations of U.S. citizenship, including, where appropriate, the obligation to file tax returns and to register for military service.”


Hopefully, the above Q & A clarifies the questions frequently asked by Filipino-Americans in relation to the Philippine law, RA 9225.

For more information on this issue, you may follow up with the concerned US government official at the information below.

Director
Office of Policy Review and Inter-Agency Liaison (CA/OCS/PRI)
Overseas Citizens Services
Bureau of Consular Affairs
U.S. Department of State
4th Floor
2100 Pennsylvania Avenue, N.W.
Washington, D.C. 20037
Phone: 202-736-9110
Fax: 202-736-9111
Email: ASKPRI@state.gov


Regular Mail
Director
Office of Policy Review and Inter-Agency Liaison (CA/OCS/PRI)
Overseas Citizens Services
Bureau of Consular Affairs
U.S. Department of State
SA-29, 4th Floor
Washington, D.C. 20520



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Philippines RA 9225 Implementing Rules and Regulations

MEMORANDUM CIRCULAR No. AFF-04-01
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 natural-born citizens of the Philippines
who become citizens of another country shall be deemed not to have lost their
Philippine citizenship under conditions therein;

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 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 of the Philippines who is abroad and is 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 to 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 - Applicants under these Rules shall
also sign and attach an Oath of Allegiance to the Republic of the Philippines as follows:

"I (name of 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 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
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 by the Bureau of Immigration or by the Philippine Foreign Post. If after evaluation, the documents submitted fail to establish that the applicant is a natural-born citizen of the Philippines, the applicant shall be notified of such fact in writing by the Commissioner 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 date of assignment.

For applications filed under Sections 2 and 4 of these Rules, the Commissioner 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 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 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 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 of 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. Correction of
errors. The applicant shall be provided with an official copies of the Order of Approval and the Oath of Allegiance. Further, all IC s 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 of 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 of 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) newspapers of general Circulation.

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Philippine Embassies, Consulates and Missions

The Philippine Embassies, Consulates and Missions are located in over 60 countries worldwide. You can find your nearest embassy, consulate or mission in the Department of Foreign Affairs website linked below.


Philippine Embassies

Philippine Consulates General
Philippine Missions

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FAQ for former Natural-born Filipinos intending to reacquire Philippine citizenship

Overview

What is Republic Act 9225 and its Implementing Rules and Regulations?

Republic Act 9225, otherwise known as the “Citizenship Retention and Reacquisition Act of 2003,” is a law giving former natural-born Filipino citizens who have acquired foreign citizenship, an opportunity to retain or reacquire their Filipino citizenship subject to certain conditions.

Former natural-born Filipinos who undertake steps to retain or reacquire their Filipino citizenship under this law are deemed not to have lost their Filipino citizenship.

When did Republic Act 9225 take effect?

It took effect on September 17, 2003.

Who are covered in this law?

Only former natural-born Filipino citizens who have acquired foreign citizenship through naturalization are included in this law.

Natural born citizens are those born of one or both parents who are Filipino citizens at the time of birth.

Process of retaining or re-acquiring Philippine citizenship

What should I do to retain/re-acquire Philippine citizenship?


To retain/reacquire Philippine citizenship, you should file a petition under oath, take an oath of allegiance to the Philippines and pay the proper filing fees, with the Commissioner of Immigration if you are already in the Philippines or with the nearest Philippine foreign post if you are living abroad.

What documents should I prepare?


(1) Duly-accomplished Petition for Dual Citizenship and Issuance of Identification Certificate pursuant to RA 9225. Form available at the Bureau of Immigration website.
(2) Signed Oath of Allegiance
(3) NSO-authenticated copy of your birth certificate or Report of Birth issued by Philippine foreign post of the applicant and his/her children, if applicable
(4) Birth certificate issued by competent foreign authorities of the applicant and his/her children, if applicable
(5) Three recent 2 x 2 photographs (front, right side and left side views over white background)

How much is the filing fee?

For those filing in the Philippines, the fee is PhP2,500
If filing abroad, the fee is US$25


Effects of retaining or re-acquiring Philippine citizenship pursuant to RA 9225


What is the general effect of reacquiring Philippine citizenship?


You will enjoy full civil and political rights and be subject to all attendant liabilities and responsibilities existing under Philippine laws, under certain conditions affecting voting rights, election to public office, appointment to public office and practice of profession.

Therefore, when you reacquire your Filipino citizenship, you will enjoy all rights and take on all duties as a citizen. The limitations are only those surrounding your right to vote, your taking on public office or appointive public positions and your practice of your profession.

Can I vote?

Yes, if you must meet the requirements of R.A. 9189, otherwise known as “The Overseas Absentee Voting Act of 2003,” and other existing laws. Articles on RA 9189 will be posted soon.

No, if you are a candidate for or are occupying any public office in the country of which you are a naturalized citizen or you are in active service as commissioned or non-commissioned officer in the armed forces thereof.

Can I run for public office or hold a public appointive position?


Yes, if you meet the qualifications in holding such public office but you must first renounce any or all foreign citizenship before any public officer authorized to administer oath.

Can I practice my profession?

Yes, but you must first apply with the proper authority for permit or license to engage in such profession.

Can I acquire properties in the Philippines?


Yes. Articles on acquiring properties in the Philippines will be posted later.

Do I need to pay Philippine taxes?


Yes.

Non-resident citizens are taxed on all income earned in the Philippines.

Resident citizens are taxed on all income earned in the Philippines and overseas. (Sec. 24, Republic Act 8424, The Tax Reform Act of the Philippines)

Note however, that the Philippines has forged bilateral tax treaties with a number of countries. If you are a naturalized citizen of any of such countries you may be protected from double taxation. Articles on double taxation will be posted later.

Will my children become Filipino citizens?


Yes, if they are unmarried and below 18 years of age.

Will my foreign spouse become a Filipino citizen?

No. He/She has to undergo naturalization proceedings if he/she wants to become a citizen.

What other important issues should I consider before reacquiring Philippine citizenship pursuant to Republic Act 9225?

(1) Possible loss of citizenship in the country of which you are a naturalized citizen
(2) Diplomatic and consular protection when abroad
(3) Conflicting obligations to the countries of which you are a national
(4) Military service

More discussion on the issues outlined above will be posted later. Please check this site often. Thanks!




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Philippines RA 9225

Republic of the Philippines
Congress of the Philippines
Metro Manila

Twelfth Congress
Third Regular Session

Begun and held in Metro Manila, on Monday, the twenty-eight day of July, two thousand three.
[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 Re-acquisition 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 Philippines 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 without 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 Liabilities. -- 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 service 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.

(SGD.) JOSE DE VENECIA JR
Speaker of the House of Representative

(SGD.) FRANKLIN M. DRILON
President of the Senate

This Act, which is a consolidation of Senate Bill No. 2130 and House Bill No. 4720 was finally passed by the Senate and the House of Representatives on August 25, 2003 and August 26, 2003, respectively.

(SGD.) ROBERTO P. NAZARENO
Secretary General
House of Representative

(SGD.) OSCAR G. YABES
Secretary of the Senate

Approved: AUG 29 2003
(SGD.) GLORIA MACAPAGAL-ARROYO
President of the Philippines

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Sunday, March 29, 2009

About this Blog

The contents of this site should not be considered as legal advice.

This site has been created in response to a clamor by Filipinos to understand better the effect of opting to become a dual citizen or multi-citizen through RA 9225, otherwise known as the “Citizenship and Re-acquisition Act of 2003.” Therefore, all blog contents are for information purposes only.

I endeavor to provide cohesive, timely and easily comprehensible information in the service of the Philippines and the Filipinos. Your comments, corrections and suggestions to improve the site and its contents are then very much welcome.

Please leave your comments below. Thank you!

Read more...

About This Blog

This site has been created in response to a clamor by Filipinos to understand better the effect of opting to become a dual citizen or multi-citizen through RA 9225, otherwise known as the “Citizenship and Re-acquisition Act of 2003.” Therefore, all site content are for information purposes only.


Terms and Commitment

The contents of this site should not be considered as legal advice.

I endeavor to provide cohesive, timely and easily comprehensible information in the service of the Philippines and the Filipinos. Your comments, corrections and suggestions to improve the site and its contents are then very much welcome.

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