• Natural-born Pinoy-turned foreign citizen can reacquire PH citizenship

    Persida Acosta

    Persida Acosta

    Dear PAO,
    Can a dual citizen by virtue of Republic Act 9225 run for public office in the Philippines?

    Dear Romy,
    Republic Act (RA) 9225 or the Citizenship Retention and Reacquisition Act of 2003 is the law that allows a natural-born Filipino citizen who has acquired foreign citizenship to retain or reacquire Philippine citizenship. This is particularly provided by Section 3 thereof, as follows:

    “Section 3. Retention of Philippine Citizenship – Any provision of law to the contrary notwithstanding, natural-born citizens by reason of their naturalization as citizens of a foreign country are hereby deemed to have reacquired 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 imposed 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.”

    Those who exercise the right provided under the said law shall enjoy full civil and political rights as well as the concomitant obligations under existing laws of the Philippines. However, those intending to seek elective post in the Philippines, aside from meeting the qualifications provided by the constitution and existing laws for the said position, at the time of filing of the certificate of candidacy, he/she shall make a personal and sworn renunciation of any and all foreign citizenship before any public office authorized to administer an oath (Section 5 (2), RA 9225).

    Nevertheless, those who retain or reacquire Philippine citizenship in accordance with the aforementioned law are prohibited from exercising their right to vote or be elected or appointed to any public office in the Philippines, if they are candidates for or are occupying any public office in the country of which they are naturalized citizens and/or in active service as commissioned or non-commissioned officers in the armed forces of the country of which they are naturalized citizens (Section 5 (5), Ibid.).

    Again, we find it necessary to mention that this opinion is solely based on the facts you have narrated and our appreciation of the same. The opinion may vary when the facts are changed or elaborated.

    We hope that we were able to enlighten you on the matter.

    Editor’s note: Dear PAO is a daily column of the Public Attorney’s Office. Questions for Chief Acosta may be sent to dearpao@manilatimes.net


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    1 Comment

    1. Dear Miss Persida Acosta;
      My son and former daughter been i relationship for 10 years but they never got married
      He is British and she is from the Philippines,but they have separated for one year now.
      Both live in London and this union produced 2 small children under the age of 3.
      My son is trying to get visitation rights ,but she doesn’t want any contact with him.
      The real problem, however is that his eldest daughter is living with her maternal grandmother
      in the Philippines , which was supposed to be a temporary agreement with no formal guardianship
      given towards the child until her parents situation regarding accommodation was sorted.
      My son is worried sick as he was providing for the child and the maternal grandmother has stopped
      contact with my son which left him devastated.
      My question is as follows,Can my son go to the Philippines and take his eldest daughter back to London
      with no notice,and will this be lawful in support of her dad as his rights as her father? they are both recognized as his daughters and they both carries his surname,she was also born in London and has dual British and Philippino citizenship.
      If not,can this legal issue be better handled my a family attorney i can be recommended from Manila
      before he travels to the Philippines?
      I will appreciate if you can enlighten us with your knowledge of the law

      Sincerely yours

      Anita Kong