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REPUBLIC ACT NO.

9225
August 29, 2003
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 House of Representatives of the Philippines in Congress assembled:
Section 1. Short Titlethis act shall be known as the "Citizenship Retention and Re-acquisition Act of
2003."cralaw
Sec. 2. Declaration of Policy - It is hereby declared the policy of the State that all Philippine citizens
of another country shall be deemed not to have lost their Philippine citizenship under the
conditions of this Act.chanrobles virtualaw library
Sec. 3. Retention of Philippine Citizenship - Any provision of law to the contrary notwithstanding,
natural-born 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 _____________________, solemny swear (or affrim) 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
imposed this obligation upon myself voluntarily without mental reservation or purpose of
evasion."chanroblesvirtuallawlibrary
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.chanrobles
virtualaw library
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 citizenship of the Philippines.chanrobles virtualaw library
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 surffrage must Meet the requirements under Sec. 1,
Article V of the Constitution, Republic Act No. 9189, otherwise known as "The Overseas Absentee
Voting Act of 2003" and other existing laws;cralaw
(2) Those seeking elective public in the Philippines shall meet the qualification 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;cralaw
(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;cralaw
(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.chanrobles
virtualaw library
Sec. 7. Repealing Clause - All laws, decrees, orders, rules and regulations inconsistent with the
provisions of this Act are hereby repealed or modified accordingly.chanrobles virtualaw library
Sec. 8. Effectivity ClauseThis Act shall take effect after fifteen (15) days following its publication in
the Official Gazette or two (2) newspaper of general circulation.

Approved:

FRANKLIN DRILON JOSE DE VENECIA JR.


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

OSCAR G. YABES ROBERTO P. NAZARENO


Secretary of Senate Secretary General
House of Represenatives
Republic Act No. 9225
CITIZENSHIP RETENTION AND RE-ACQUISITION ACT OF 2003
MEMORANDUM CIRCULAR NO. AFF-04-01
RULES ON PHILIPPINE DUAL CITIZENSHIP
RULES GOVERNING PHILIPPINE CITIZENSHIP UNDER REPUBLIC ACT (R.A.) NO. 9225 AND
ADMINISTRATIVE ORDER (A.O.) NO. 91, SERIES OF 2004.

A COMPILATION OF PHILIPPINE IMMIGRATION LAWS


MEMORANDUM CIRCULAR NO. AFF-04-01
(RULES IMPLEMENTING REPUBLIC ACT NO. 9225)
RULES ON PHILIPPINE DUAL CITIZENSHIP
.

RULES GOVERNING PHILIPPINE CITIZENSHIP UNDER REPUBLIC ACT (R.A.) NO. 9225 AND
ADMINISTRATIVE ORDER (A.O.) NO. 91, SERIES OF 2004.
chan robles virtual law library

Republic of the Philippines


Department of Justice
BUREAU OF IMMIGRATION
Manila

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
provided therein;
WHEREAS, A.O. No. 91, Section 1 designated the Bureau of Immigration (BI), in consultation with
the Department of Foreign Affairs (DFA), Department of Justice (DOJ), Office of the Civil Registrar-
General, National Statistics Office (NSO), as the implementing agency of R.A. No. 9225;
WHEREAS, A.O. No. 91, Sec. 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 Sec. 2 in relation to Commonwealth Act. No. 613, Sec. 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
define by Philippine law and jurisprudence, who have lost their Philippine citizenship by reason of
their naturalization as citizens of a foreign country.
Sec. 2. Former natural-born Philippine citizen already in the Philippines and a 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.
Sec. 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 of
Registration (ACR) and issuance of an IC under R.A. No. 9225.chan robles virtual law library
Sec. 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.chan robles
virtual law library
Sec. 5. Former Natural-born Philippine citizen who is abroad and not a BI-registered alien – A
former natural-born citizen 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.chan robles virtual law library
Sec. 6. Forwarding address. Photographs. – In all petitions under Sections 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.chan robles virtual law library
Sec. 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.
Sec. 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.chan robles virtual law library
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.
Sec. 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 the 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."
Sec. 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.
Sec. 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 Sec. 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 Sec. 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.
Sec. 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 in the Philippines, he may take his Oath of Allegiance before the
Commissioner of the Immigration or any officer authorized under existing laws to administer oath.
In the latter case, the applicant must submit the Oath of Allegiance to the BI to form part of his
records.
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.
Sec. 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.
Sec. 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.
N0. 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.
Sec. 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 or information belongs.
Sec. 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 activity of R.A. No. 9225.
Sec. 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 the 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. Sec. 18.
Effectivity. – This memorandum circular takes effect fifteen (15) days after its publication in the t
wo (2) newspapers of general circulation.

(Sgd.) ALIPIO F. FERNANDEZ, JR.


Commissioner

APPROVED:
(Sgd.) MA. MERCEDITAS N. GUTIERREZ
Acting Secretary
Department of Justice

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