Legally Sis Podcast Episode Notes

Introduction

• Welcome to Legally Sis Podcast
• Hosts: Atty. Wend and Atty. March
• Episode topic: Retention or reacquisition of Filipino citizenship (Dual Citizenship Act)
• Disclaimer: Information is for general purposes only and not legal advice.

Public Act 9225: Dual Citizenship Law

• Definition: Public Act 9225 is also known as the Citizenship Retention and Reacquisition Act of 2003.
• Scope: Applies to former natural-born Filipinos who lost their Filipino citizenship.

Natural-Born Filipinos

• Birth from Filipino parents or born before January 17, 1973, to a Filipino mother and elected Filipino citizenship at 21.
• Mixed marriages (Filipino mother and foreign father): Child retains natural-born Filipino citizenship.

Situations Addressed by the Law

• Retention:

  • For natural-born citizens who acquired foreign citizenship and then apply for Filipino citizenship under the dual citizenship law.
  • Effective since September 17, 2003.

• Reacquisition:

  • For former natural-born citizens who lost citizenship prior to the dual citizenship law and then reacquired it.

Examples

• Example 1 (Retention):

  • Natural-born Filipino becomes US citizen in 2005, applies for Filipino citizenship in 2007.
  • Retains continuity of citizenship; deemed not to have lost citizenship during the gap.

• Example 2 (Reacquisition):

  • Naturalized in the US in 2000, applies for dual citizenship in 2007.
  • There is a gap (7 years); lost Filipino citizenship during that time.

Importance of Dual Citizenship

• Relevant for those running for public office; qualifications often require natural-born citizenship.
• If reacquired citizenship after 2003, one can run for public office.

Benefits of Filipino Citizenship

• Right to travel using a Philippine passport.
• Right to own real estate without restrictions.
• Ability to practice licensed professions and invest in the Philippines without limitations.

Eligibility for Dual Citizenship

• Who can apply: Former natural-born Filipino citizens.
• Requirements:
  • Prove former natural-born citizenship (e.g., birth certificate).
  • Marriage certificate (if applicable), old Philippine passport, foreign passport, and naturalization certificate.

Application Process

• For Minors:
  • Derivative application allows inclusion of unmarried minor children in the application.
• Processing Time:
  • Varies based on location: weeks for foreign embassies, months in the Philippines.

Challenges in Application

• Example of a senior citizen lacking a birth certificate faced difficulties.
  • Used circumstantial evidence like marriage certificate and affidavits for proof.
  • Importance of citizenship for avoiding visa fees and residency issues.

Obligations of Filipino Citizens

• Tax obligations include paying income taxes on earnings in the Philippines.
• Estate taxes apply to all properties regardless of location.

Conclusion

• The act does not apply to children born of mixed marriages; they are considered world citizens.
• Thank you for listening!