Author Topic: Operations Order NO. SBM-2014-015. Republic Act No. 9225 update  (Read 2107 times)

Offline Lee2

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Bureau of Immigration Commissioner Siegfred B. Mison recently issued the Operations Order NO. SBM-2014-015. The order covers the rules and guidelines for the immigration processing of arriving and departing passengers who retained or re-acquired Philippine citizenship under Republic Act no. 9225.

Republic Act No. 9225, otherwise known as the “Citizenship and Re-acquisition Act of 2003” declares that natural-born citizens of the Philippines who become citizens of another country shall retain of re-acquire Philippine citizenship upon taking an Oath of Allegiance to the Republic of the Philippines subject to the conditions provided therein;

To be consistent with the spirit and intent of the said Act and in order to extend the full benefits to those who availed thereof, there is a need to streamline the rules and regulations implementing Republic Act No. 9225, particularly in the immigration processing at the international ports of entry and exit of passengers who retained or re-acquired Philippine Citizenship under Republic Act No. 9225

Administrative Order No. 91, Section 1, issued on 12 January 2004, designated the Bureau of Immigration as the implementing agency of the Republic Act No. 9225

By authority of Section 2 of the same Administrative Order, the following rules and guidelines are hereby ordered:

Section 1. Proof of Retention or Re-acquisition of Philippine Citizenship

For purpose of this Operations Order, the following shall be considered as substantial proof of retention or re-acquisition of Philippine Citizenship:

1.Valid Philippine passport; or
2.Original copy of Identification Certificate issued either by the Bureau of Immigration (BI) or Foreign Service Posts of the Department of Foreign Affairs (DFA) ; or
3.Original Copy of the Certificate of Retention/ Re-acquisition of Philippine Citizenship (CRPC) issued by the BI

Section 2. Immigration Processing During Arrival

1.Upon arrival at any international port of entry in the Philippines, a passenger who retained or re-acquired Philippine citizenship under Republic Act No. 9225 shall present to the Immigration Officer during immigration primary inspection both his/ her valid foreign passport and any of the substantial proof of Philippine Citizenship enumerated in Section 1 hereof.

2.Upon determination of the validity of the presented proof of Philippine citizenship, such passenger shall be admitted for an indefinite period of authorize stay. The Immigration Officer shall affix the “Arrival” stamp on the passenger’s foreign passport and indicate in the provision for “authorized Stay” therein the presented proof Philippine citizenship as follows:

a.“PP” – for valid Philippine passport; or
b.“RA 9225”- for IC or CRPC.

Section 3. Immigration Processing During Departure

1.A passenger using a valid foreign passport who retained or re-acquired his/ her Philippine citizenship under Republic Act No. 9225 shall be cleared for departure without surrendering any certificate, permit or proof of payment imposable immigration fees upon presentment of any substantial proof Philippine citizenship enumerated in Section 1 hereof.

2.Upon determination of the validity of the presented proof of Philippine citizenship, the Immigration Officer shall affix the “departure” stamp on the passenger’s foreign passport and indicate the presented proof Philippine citizenship as follows:

c.“PP”- for valid Philippine passport; or
d.“RA 9225”- for IC or CRPC.

Section 4. Failure to present Proof of Philippine Citizenship

A Passenger using a foreign passport claiming to have retained of acquired his/ her Philippine citizenship under Republic Act. No. 9225 but fails to present any of the substantial proof of Philippine citizenship may be admitted or allowed to depart in accordance with existing and applicable rules and regulations.

Section 5. Repealing Clause

This order repeals Memorandum Order No. Mcl-08-039 dated 21 October 2008. All other issuances that are inconsistent herewith are hereby repealed and/ or modified accordingly.

Section 6. Effectivity

This order shall take effect immediately

-AMTP
https://www.facebook.com/officialbureauofimmigration

So it would appear to me that if a Filipino were to renew their passport or get a new passport then they would then be considered a dual citizen, am I wrong?
:) Happily married since 1994 & live part of the year in Cebu and the rest in S. Florida.

Offline Art, just a re(tired) Fil-Am

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Re: Operations Order NO. SBM-2014-015. Republic Act No. 9225 update
« Reply #1 on: March 25, 2014, 11:53:01 PM »
Quote from: Lee on March 25, 2014, 02:12:51 PM

    Bureau of Immigration Commissioner Siegfred B. Mison recently issued the Operations Order NO. SBM-2014-015. The order covers the rules and guidelines for the immigration processing of arriving and departing passengers who retained or re-acquired Philippine citizenship under Republic Act no. 9225.

    Republic Act No. 9225, otherwise known as the “Citizenship and Re-acquisition Act of 2003” declares that natural-born citizens of the Philippines who become citizens of another country shall retain of re-acquire Philippine citizenship upon taking an Oath of Allegiance to the Republic of the Philippines subject to the conditions provided therein;

    To be consistent with the spirit and intent of the said Act and in order to extend the full benefits to those who availed thereof, there is a need to streamline the rules and regulations implementing Republic Act No. 9225, particularly in the immigration processing at the international ports of entry and exit of passengers who retained or re-acquired Philippine Citizenship under Republic Act No. 9225

    Administrative Order No. 91, Section 1, issued on 12 January 2004, designated the Bureau of Immigration as the implementing agency of the Republic Act No. 9225

    By authority of Section 2 of the same Administrative Order, the following rules and guidelines are hereby ordered:

    Section 1. Proof of Retention or Re-acquisition of Philippine Citizenship

    For purpose of this Operations Order, the following shall be considered as substantial proof of retention or re-acquisition of Philippine Citizenship:

    1.Valid Philippine passport; or
    2.Original copy of Identification Certificate issued either by the Bureau of Immigration (BI) or Foreign Service Posts of the Department of Foreign Affairs (DFA) ; or
    3.Original Copy of the Certificate of Retention/ Re-acquisition of Philippine Citizenship (CRPC) issued by the BI

    Section 2. Immigration Processing During Arrival

    1.Upon arrival at any international port of entry in the Philippines, a passenger who retained or re-acquired Philippine citizenship under Republic Act No. 9225 shall present to the Immigration Officer during immigration primary inspection both his/ her valid foreign passport and any of the substantial proof of Philippine Citizenship enumerated in Section 1 hereof.

    2.Upon determination of the validity of the presented proof of Philippine citizenship, such passenger shall be admitted for an indefinite period of authorize stay. The Immigration Officer shall affix the “Arrival” stamp on the passenger’s foreign passport and indicate in the provision for “authorized Stay” therein the presented proof Philippine citizenship as follows:

    a.“PP” – for valid Philippine passport; or
    b.“RA 9225”- for IC or CRPC.

    Section 3. Immigration Processing During Departure

    1.A passenger using a valid foreign passport who retained or re-acquired his/ her Philippine citizenship under Republic Act No. 9225 shall be cleared for departure without surrendering any certificate, permit or proof of payment imposable immigration fees upon presentment of any substantial proof Philippine citizenship enumerated in Section 1 hereof.

    2.Upon determination of the validity of the presented proof of Philippine citizenship, the Immigration Officer shall affix the “departure” stamp on the passenger’s foreign passport and indicate the presented proof Philippine citizenship as follows:

    c.“PP”- for valid Philippine passport; or
    d.“RA 9225”- for IC or CRPC.

    Section 4. Failure to present Proof of Philippine Citizenship

    A Passenger using a foreign passport claiming to have retained of acquired his/ her Philippine citizenship under Republic Act. No. 9225 but fails to present any of the substantial proof of Philippine citizenship may be admitted or allowed to depart in accordance with existing and applicable rules and regulations.

    Section 5. Repealing Clause

    This order repeals Memorandum Order No. Mcl-08-039 dated 21 October 2008. All other issuances that are inconsistent herewith are hereby repealed and/ or modified accordingly.

    Section 6. Effectivity

    This order shall take effect immediately

    -AMTP
    https://www.facebook.com/officialbureauofimmigration

    So it would appear to me that if a Filipino were to renew their passport or get a new passport then they would then be considered a dual citizen, am I wrong?

************************************************************************

All this Operations Order NO. SBM-2014-015 does is to just repeal the old Memorandum Order No. Mcl-08-039 dated 21 October 2008 with not a whole of changes to affect the overall subject matter.
The items I highlighted in red on Lee's OP are the new wording inserted in this new memorandum  that wasn't on the previous old Memorandum Order No. Mcl-08-039 dated 21 October 2008

This Operations Order NO. SBM-2014-015 just covers the rules and guidelines for the immigration processing of arriving and departing passengers who retained or re-acquired Philippine citizenship under Republic Act no. 9225., so don't read too much into it!
With that said, just read it for what it says! The keys words are: reacquisition for Philippine citizenship under RA9225 and it's rules and regulations for the arrivals and departures for said dual citizens, no more, no less!

Lee's comment: "So it would appear to me that if a Filipino were to renew their passport or get a new passport then they would then be considered a dual citizen, am I wrong"?
IMHO, If one is a U.S. Citizen and still has a valid RP passport, sure they can get away with it without even going through the RA9225 process, but they are not legally dual citizens, because they do not have in their possession their original "IC" letter aka the Identification Certificate showing that one has reacquired his/her Philippine Citizenship under RA9225 and therefore the certificate is their only proof of showing legal Dual Citizenship!
Remember too, that on the RP passport application form, it asks two questions: (1) What is your current citizenship status? (2) Are you applying for a new RP passport due to the reacquisition of Philippine citizenship under RA9225? If one answers truthfully that one is a U.S. Citizen trying to renew their RP passport, the question then will be: "Show us your "IC" letter to show proof that one is a Dual Citizen under RA9225"?
This Operations Order NO. SBM-2014-015 only apply to those who reacquired their Philippine Citizenship under RA9225, but there are others who acquired theirs by other means I'm not familiar with and that's where the other original copy of the Certificate of Retention/ Reacquisition of Philippine Citizenship (CRPC) issued by the BI comes into play, but still it's all about the reacquisition or recognition of one's Philippine Citizenship under the provisions of the Philippine Constitutional Laws of 1935 and 1987 both under Article IV and there could be others I don't know off hand! These 2 laws pertains to individuals born in a foreign country who's parents, one or both were Filipino Citizens upon their birth. If curious, just do a Google search of both laws.     
« Last Edit: March 26, 2014, 07:01:34 AM by Gray Wolf »
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