I am a former natural born Filipino citizen and now a naturalized US citizen. I understand that being a US passport holder, I will be treated as a tourist only if I go back to the Philippines. Is there a resident visa that I can apply as a former Filipino citizen?
Since you are a former Filipino citizen before you became a naturalized US citizen, you are qualified to avail of the resident visa provided under Section 13(G) of Commonwealth Act No. 613 or the Philippine Immigration Act of 1940, to wit:
“Sec. 13. Under the conditions set forth in this Act, there may be admitted into the Philippines immigrants, termed “quota immigrants” not in excess of fifty (50) of any one nationality or without nationality for any one calendar year, except that the following immigrants, termed “non-quota immigrants,” may be admitted without regard to such numerical limitations.
(g) A natural-born citizen of the Philippines, who has been naturalized in a foreign country, and is returning to the Philippines for permanent residence, including his spouse and minor unmarried children, shall be considered a non-quota immigrant for purposes of entering the Philippines.”
Once you were granted this resident visa, you will be allowed to stay in the Philippines as long as you want, subject only to reportorial requirements and payment of other fees to the Bureau of Immigration.
Aside from applying for a resident visa, you may also apply before the Bureau of Immigration a petition for the re-acquisition of your Philippine citizenship under Republic Act (R.A.) No. 9225 or the Citizenship Retention and Re-acquisition Act of 2003. Section 3 thereof provides that 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 oath of allegiance to the Republic of the Philippines. Once you have re-acquired your Philippine citizenship, all your civil and political rights as a Filipino will be restored to you and you will be again subjected to all attendant liabilities and responsibilities under existing laws of the Philippines. If you have an unmarried child, whether legitimate, illegitimate or adopted, below eighteen (18) years of age, he/she will likewise be deemed citizen of the Philippines once you have re-acquired your Philippine citizenship (Section 4, R.A. No. 9225).
We hope that we were able to answer your queries. Please be reminded that this advice is based solely on the facts that you have narrated and our appreciation of the same. Our opinion may vary when other facts are changed or elaborated.
Editor’s note: Dear PAO is a daily column of the Public Attorney’s Office. Questions for Chief Acosta may be sent to email@example.com