Living in The Philippines > RA 9225, Citizenship Retention and Re-acquisition

Is there a way to regain Philippine citizenship if you were born before 1973.

(1/4) > >>

PeteDawg:

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.

Lee2:
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.

Art, just a re(tired) Fil-Am:
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.

hitekcountry:
PeteDawg

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

Art, just a re(tired) Fil-Am:
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.   

Navigation

[0] Message Index

[#] Next page