http://www.LivingInthePhilippines.com is the ORIGINAL, first Philippines Expat site on the Net, since 1989. This is not one of many knock-offs, copycats, imitations. Some have permutations of the names, misspellings and "in" and "the" or "ing." left off to deceive you. This is the original, by: Don A. Herrington
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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."
SECTION 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.
SECTION 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.
SECTION 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.
SECTION 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.
SECTION 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.
SECTION 7. Repealing Clause -- All laws, decrees, orders, rules and regulations inconsistent with the provisions of this Act are hereby repealed or modified accordingly.
SECTION 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.
700""(SGD.) JOSE DE VENECIA JR Speaker of the House President of the Senate 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: AUGUST 29, 2003
(SGD.) GLORIA MACAPAGAL-ARROYO President of the Philippines
Philippine Comments
CITIZENSHIP QUESTION
I was born at Clark AFB of American parents (neither Filipino's). I became a Naturalized US Citizen at the age of eight years old. I am considering retiring and moving back to the PI's. My question is: just what status do I have in the Philippines? Was I considered a citizen those eight years untill I was Natuiralized? Do I qualify for Dual Citizenship (which is what I wish)? "Jus soil" is the legal principle that a person's nationality at birth is determined by the place of birth. Anyone know, or know who I should contact to find out? Thank You.
1. Did you become a "naturalized" US citizen, or did you just obtain a "citizenship certificate," based on derived US citizenship from your parents? There is a difference between the two (though the end result is the same). "Naturalized" is the process of acquiring US citizenship, while the "Citizenship Certificate" is the result of claiming your existing citizenship eligibility. 2. Anyway, you need to approach a Philippines Consulate and request a "reacquisition" of your Philippines citizenship, which requires a fee and oath, and which would result in your having dual citizenship. I cannot say with certainty whether you fall into the eligible category of being able to use the "simple oath" procedure for reinstatement of Philippines citizenship.
I'm a tad confused when Barbara states "naturalized". I would assume that she, born of 2 US citizens at the old Clark AFB (formerly US territory) would unquestionably be a US citizen. If not, my understanding is that she would just apply for a "certificate of citizenship" and not have to go through the naturalization process, which is reserved for those who up to that point, are citizens of another nation. Please correct me if I am wrong on any point.
Normally you would apply for a "Certificate of Foreign Birth of a US Citizen" issued through US Embassies or Consular Offices.
Yes, I was Naturalized. My parent told me that they did this because as a military family, we had a possible chance of living outside of the USA in the future. And we did, we were transferred to Libya for 3 years when I was a teenager. I see that this is a complicated question, afterall. Thanks for all the replies. I really would like Dual Citizenship to retire in the PI.
You have been a US Citizen all throughout even if you were born in the Philippines. In the Philippines, we follow the principle of "Jus Sanguinis" which is citizenship by blood. So even if you were born here, under Philippine law, you keep your US Citizenship because you were born of American parents.
If native born people can gain Dual Citizenship after being Naturalized a US Citizen, does the reverse apply? If I become a Naturalized Philippine citizen, would I retain my US citizenship, also, and then hold Dual Citizenship USA/PI?
Maybe I am just being too dense here, Barbara. But Joanie is correct. Based on the facts you have been telling us in your posts, YOU ARE AND HAVE ALWAYS BEEN A US CITIZEN. You were never a Philippine citizen. You do not need to be naturalized as a US Citizen. Your proof of that is a US Passport, expired or otherwise. If you dont have one, to obtain proof of your US citizenship, take your birth certificate (you definitely should have one) that shows your date of birth, birth place (Clark AFB) and your parents (both US citizens at the time of your birth). Take this evidence to either the INS/USCIS and get a Certificate of Citizenship or to the local passport office to get US passport. If you wish to live the rest of your days in the Philippines and are considering acquiring Phil. citizenship there (naturalization), there are many posters here who have gone through the process and are very knowledgeable. According to them, you would retain your US citizenship in such a case. Just do not accept employment as a Philippine Government employee or make a statement expressing a desire to renouce your US citizenship.
Agreed: despite Hershey's saturation here it's always a hit (although I I made a big hit with Almond Roca, but that' only because I was familiar with their Tacoma factory). Ironically one of the most popular chocolates in the U.S. right now (and certainly one of the more expensive) is made on Mindanao.
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