Author Topic: Is there a way to regain Philippine citizenship if you were born before 1973.  (Read 11862 times)

Offline PeteDawg

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I came to the Philippines to take care of my ailing father in Dagami, Leyte.  Unfortunately, I arrived 1 1/2 weeks before Typhoon Yolanda.  I got him airlifted out of Tacloban to Cebu City.  He fought as hard as he could, but he passed away December 22, 2013.  Now, it feels I'm in my own personal typhoon.

My father joined the US Army while he was a laundry marker in Guam in 1952.  I was born in Ft Benning, Georgia.  My mother was still a Filipino citizen at the time I was born.  I thought I could apply for dual citizenship as long as I had the required documents.  I went to the BI in Cebu and she shut me down faster than a steel bear trap.  I was born in January, 1969.  She informed me that I had to be born after 1973.

Recently, I read somewhere on this forum that I could still attain dual citizenship under the 1935 Constitution.  I was hoping if anybody could advise me on how to take that route.
Everyday... is a gift!!!  So eat all your champerado and Halo Halo...

Offline Lee2

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Sorry for your loss. Welcome to the forum. Sorry I do not have an answer for your question but I am sure someone will post one.
:) 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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PeteDawg,
First of all, sorry for your lost and to inform you of the following unfortunate information you seek about Dual Citizenship!
My wife and I are both Fil/Ams and have lived here going on 17 years now! My wife has her Dual Citizenship because she was a former Filipino citizen and was naturalized as a U.S. citizen, but not for myself for the following reasons below:

If your Filipino father was a U.S. citizen during your birth, the Philippine Constitutional law of 1935 will disqualify you from being eligible under RA 9225.
There are two types of certificates, look at your "Certificate of U.S. Citizenship", if it has your birthdate on it meaning that you were automatically a U.S. Citizen upon your birth whether it be in the U.S. or RP.
If your Filipino father was a Filipino citizen during your birth, you should have a "U.S. Certificate of Naturalization", but not always the case, which will qualify you under RA 9225 as long you can prove that your father was a Filipino Citizen when you were born via when he was naturalized as a U.S. Citizen after your birth.
I personally know this, because it also pertains to my present situation! I was born in the Philippines when my father was already a U.S. citizen, so it made me ineligible to apply for Dual Citizenship under RA 9225 and my birth mother doesn't have any say in the matter since I was already a U.S. citizen prior to my 18th birthday! So, theoretically, I'm just a "Kano" in a Pinoy's body aka a "Tourist" and that is what is stamped on my ACR I-Card!  ::) :o

Philippine Constitutional Law of 1935

http://www.lawphil.net/consti/cons1935.html

                                              ARTICLE IV
                                             CITIZENSHIP

Section 1. The following are citizens of the Philippines:
Those who are citizens of the Philippine Islands at the time of the adoption of this Constitution.
Those born in the Philippine Islands of foreign parents who, before the adoption of this Constitution, had been elected to public office in the Philippine Islands.
Those whose fathers are citizens of the Philippines.
Those whose mothers are citizens of the Philippines and, upon reaching the age of majority, elect Philippine citizenship.
Those who are naturalized in accordance with law.
Section 2. Philippine citizenship may be lost or reacquired in the manner provided by law.

« Last Edit: July 01, 2014, 12:32:42 PM by Art, "Just a re(tired) Fil-Am" »
"Life is what we all make it to be"!
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Offline hitekcountry

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PeteDawg

What was the citizenship status of your father at the time you were born?

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

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I know where you're coming from hitekcountry. Since your father was a Filipino Citizen when you were born in the U.S., you were able to get a Philippine passport because of it, but I would just assume that Pete's Filipino father was a U.S. Citizen while in the U.S. Army in 1952, because U.S. citizenship is a requirement while serving in the U.S. Armed Forces of any branch.
Pete was born in the U.S. on Jan of 1969, which affects his eligibility for Dual Citizenship, since his Filipino born father was already a U.S. Citizen due to being in the military during pete's birth in the U.S. and that was the reason the BI in Cebu rejected his application under RA 9225, which was also the same exact reason I too did not qualify for Dual Citizenship and I know a few Filipino U.S. Citizen retired friends of mine here in the same boat.   
« Last Edit: July 01, 2014, 01:16:12 PM by Art, "Just a re(tired) Fil-Am" »
"Life is what we all make it to be"!
"It's always a matter of money"!
"Do on to others as they would do on to You, but do it first"!
"Different strokes for different folks"!
"Que Sera Sera"!

Offline hitekcountry

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Thatís the reason I asked the question about his fatherís citizenship status at the time of his birth.

You always try to connect RA 9225 to all citizenship issues but it has nothing to do with the situation of PeteDawg, it had nothing to do in my case and also has nothing to do with your situation either. RA 9225 only applies to a Philippine citizen that went through the legal process in the US courts to denounce their Philippine citizenship in order to acquire US citizenship. You must first follow the path of denouncing your Philippine citizenship in US courts in order to qualify for the RA 9225 path back to Philippine citizenship.  I never went to US court to denounce Philippine citizenship at any time so reaquiring Philippine citizenship through RA 9225 didnít apply to me in any way. And as far as I know you didnít denounce your Philippine citizenship in US court so RA 9225 doesn't apply to you either. And the same for PeteDawg

So everything hinges on the citizenship status of PeteDawg s father at the time of PeteDawg s birth.

So yes If joining the US military means his father was a US citizen and that was his status at the time or PDs birth then PeteDawg is not a Philippine citizen.

Offline Shewmake

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Welcome to the group. May your wounds heal and you enjoy your life here. Seems Art and Hitecountry have the skinny on this one covered. Good luck.
Here for good,
Stephen

If you could kick the person in the pants responsible for most of your trouble, you wouldn't sit for a month. Theodore Roosevelt

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

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I know all about RA 9225 which does not pertain to Pete or myself and just eluded my thinking for a moment until I could regroup! This topic was just under the RA 9225 heading only for those who were or are former Filipino Citizens!
Your rebuttal gave me a chance to go over what files I've saved on my hard drive concerning this issue!

In actuality there's another option besides RA 9225 to those who may fall under this criteria below if one's Filipino father was a Filipino Citizen under the Philippine Constitutional Law of 1935 or both parents were Filipino Citizens if the child was born after 1973 under the Philippine Constitutional Law of 1973:

http://domingo-law.com/what-is-a-recognition-of-citizenship/

What is a Recognition of citizenship?
 
What is a Recognition of citizenship? Imagine a child who was born abroad, say in the United States of America, of a Filipino mother or father or of Filipino parents, what then is the childís citizenship?

Citizenship of a person may be determined through the principle of jus soli and jus sanguinis. The Philippines adheres to jus sanguinis principle. It states that a child will acquire the citizenship of his parents in spite of the country of his/her birth. US follows the jus soli principle which says that a child will acquire the citizenship of the country where he/she is born.

The scenario above will lead us to a determination that the child is both a Filipino and American citizen at the same time. But, on the part of the Philippine Government, there is one more thing to obtain before a person can be acknowledged as indeed a citizen of the Philippines, and that should be recognition as a Filipino citizen.
 
RECOGNITION
It is an act of conferring Philippine citizenship to a person born in a foreign country whose father or mother is a Filipino citizen. In this sense, only persons with dual citizenship may apply for recognition.

REQUIREMENTS
The following are the requirements for recognition:
Petition by way of letter request from the person concerned or from either or both parents or legal guardian;
Birth certificate or Report of Birth of applicant / child;
Birth certificate of petitioner /parent;
Marriage contract of parents;
Applicantís / childís passport;
Petitionerís / parentís passport;
Affidavit of citizenship executed by applicantís parents; and
Proof of Filipino citizenship of petitioner / applicantís parent at the time of birth of the applicant/child.
Any document issued by foreign governments and executed in a foreign country shall be duly authenticated by the authorized officer of the Philippine Embassy or Consulate that has jurisdiction over them. Affidavits must be notarized. Any document should be officially translated to English or Filipino under the seal of the authorized officer of the appropriate foreign embassy.

FINALITY OF THE RECOGNITION
It is only when the Order of Recognition has been affirmed by the Secretary of Justice that the order becomes final. The Bureau of Immigration will afterwards issue the Identification
Certificate as a Filipino citizen.
--------------------------------------------------------------------------------------------------

http://www.immigration.gov.ph/index.php/services/citizenship-retention-and-aquisition/recognition-as-filipino-citizen
RECOGNITION AS FILIPINO CITIZEN FEES and HOW TO APPLY

Who can apply?
A foreign national, who wishes to be acknowledged as a Filipino citizen, whose father and/or mother was/were Filipino citizen/s at the time of the applicantís birth

Where to apply? BI Main Office

What to bring?
1. Checklist with complete documentary requirements
2. Application Form

How to apply?
Secure the Checklist of required documents from either at the Public Information and Assistance Unit (PIAU) at BI G/F Main Office or from the official BI Website.
Submit the documents for pre-screening to the Central Receiving Unit (CRU)
Get the Order of Payment Slip (OPS).
Pay the required fees.
Submit copy of Official Receipt.
Attend hearing. Please refer to the Official Receipt for the schedule and venue of the hearing.
If approved, claim Identification Certificate.

How much does it cost?
ITEM DESCRIPTION AMOUNT
Application Fee              Php 1, 000. 00
Certification Fee                      500. 00
DOJ Processing Fee              1, 500. 00
Legal Research Fee                    20. 00
Identification Certificate        3, 000. 00
Service Fee                         5, 000. 00
Legal Research Fee (LRF) for each immigration fee except
Head Tax and Fines                   30. 00
Express Fee (Certification)        500. 00
Express Fee (Filing)                 500. 00
Express Fee (IC Processing)      500. 00
TOTAL                        PHP 12, 550. 00
 

« Last Edit: July 01, 2014, 06:34:22 PM by Art, "Just a re(tired) Fil-Am" »
"Life is what we all make it to be"!
"It's always a matter of money"!
"Do on to others as they would do on to You, but do it first"!
"Different strokes for different folks"!
"Que Sera Sera"!

Offline hitekcountry

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I know that RA 9225 does not pertain to Pete or myself, this topic was just under the RA 9225 heading, but it could depending on what type of Certificate Pete has!


All that I agree.
« Last Edit: July 01, 2014, 11:11:30 PM by Gray Wolf »

Offline PeteDawg

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Hello Art n Hitek,

First, I want to say thank you for the information you're providing.  I have had a steep learning curve since being in the Philippines.  I have my father's Naturalization Papers and he was made a US citizen on January 9th, 1955 in the Filipino Camp in Guam.  So I guess that means I am up $hit Creek without a paddle??? LOL!!!  Pastilan... I was hoping there for just a brief second that there was another way to attain Dual Citizenship.  It would make things so much easier with what I am dealing with.

I'm just curious why they chose that date January 17th, 1973.  It seems pretty arbitrary to me.  It's one of those things where I scratch my head and say "that's the Philippines for you."  ;) 

Basically, I am like you Art... my ACR card says "TOURIST"... IYAW!!! 

Thanks,
Pete
« Last Edit: July 01, 2014, 11:12:28 PM by Gray Wolf »
Everyday... is a gift!!!  So eat all your champerado and Halo Halo...

Offline Lee2

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Another option might be an SRRV
:) Happily married since 1994 & live part of the year in Cebu and the rest in S. Florida.

Offline hitekcountry

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I'm just curious why they chose that date January 17th, 1973.  It seems pretty arbitrary to me.  It's one of those things where I scratch my head and say "that's the Philippines for you."  ;) 


Thanks,
Pete

Jan 17th 1973 the Philippines adopted a new constitution.

So after that date a child born anywhere in the world to either a Filipino father or a Filipina mother would automatically be considered a Philippine citizen provided all the proper notifications to the Philippine authorities.

 Prior to that date the Philippines considered the child's citizenship to be that of the fathers.
« Last Edit: July 02, 2014, 01:15:07 AM by hitekcountry »

Offline Lee2

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For you guys stuck in that mess, I would at least try to write to your representatives and to the president to ask they amend the law to be retroactive, which seems to be the logical thing they should do. If the law was retroactive then I believe that a lot more Filipinos might come home to retire, which would then be a win win for the country and its economy.
:) Happily married since 1994 & live part of the year in Cebu and the rest in S. Florida.

Offline PeteDawg

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Lee,

I am totally with you on that one.  It's seems to me the best way to move the Philippines forward is more investment, but not only that people with knowledge, experience and you would hope the ethics to see it through.  The way that the Philippine laws are structured it's like they are xenophobic, even to people that if you took a drop of blood you couldn't distinguish who was the Filipino living in the Philippines or was from abroad.

May I ask what is the SRRV option that you suggested?
Everyday... is a gift!!!  So eat all your champerado and Halo Halo...

Offline Lee2

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SRRV is a visa which allows a person to stay in the Philippines with very little hassles but at a cost, yet I am told the cost are comparable to what a person might have to pay for tourist visas but without all the visits to the BI.

There has been a lot of information posted about it at this link http://www.livinginthephilippines.com/forum/index.php?topic=49002.0

PRA site at this link http://www.pra.gov.ph/main/srrv_program?page=1

:) Happily married since 1994 & live part of the year in Cebu and the rest in S. Florida.

 


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