Global migration has resulted in millions of Filipinos acquiring foreign citizenship by naturalization. For many years, this meant the automatic loss of Philippine citizenship. With the enactment of Republic Act No. 9225, otherwise known as the Citizenship Retention and Reacquisition Act of 2003, the Philippine legal framework shifted toward recognizing dual citizenship as a matter of right rather than exception. This article discusses the legal basis, process, and consequences of reacquiring Philippine citizenship.

The 1987 Constitution adopts the principle of jus sanguinis, meaning Philippine citizenship is primarily determined by blood relationship. Natural-born Filipinos are those who are citizens of the Philippines from birth without having to perform any act to acquire or perfect their citizenship. Republic Act No. 9225 operationalizes this constitutional principle by allowing natural-born Filipinos who lost their citizenship through naturalization in a foreign country to reacquire Philippine citizenship without renouncing their foreign citizenship. The law expressly provides that such persons shall be deemed to have reacquired Philippine citizenship upon taking the prescribed oath of allegiance.

Who May Reacquire Philippine Citizenship

Only natural-born citizens of the Philippines are entitled to reacquire citizenship under Republic Act No. 9225. This includes:

1. Filipinos who became foreign citizens through naturalization;
2. Filipinos who acquired foreign citizenship by operation of foreign law; and
3. Former Filipinos who lost Philippine citizenship under previous laws that did not recognize dual citizenship.

The law does not apply to foreign nationals who were never natural-born Filipinos.

The Reacquisition Process

Reacquisition of Philippine citizenship is administrative in nature and does not require judicial proceedings. The process generally involves the following steps:

1. Filing a petition for reacquisition with the Bureau of Immigration if the applicant is in the Philippines, or with a Philippine Embassy or Consulate if abroad;
2. Submission of proof of natural-born Philippine citizenship, such as a Philippine birth certificate or old Philippine passport;
3. Submission of proof of foreign citizenship, such as a foreign passport or naturalization certificate;
4. Taking the Oath of Allegiance to the Republic of the Philippines.

Upon taking the oath, Philippine citizenship is deemed reacquired as a matter of law.

Effects of Reacquisition

Once Philippine citizenship is reacquired, the individual enjoys full civil and political rights, subject to constitutional and statutory limitations.

• Civil and Property Rights. Reacquired citizens may own land and engage in business under the same conditions as other Filipino citizens. Any constitutional restrictions on land ownership by aliens no longer apply after reacquisition.
• Political Rights. Reacquired citizens may vote, subject to compliance with election laws. However, those seeking elective public office must comply with additional requirements, including the personal and sworn renunciation of foreign citizenship.
• Professional Practice. Reacquired citizens may practice their professions, subject to existing laws, rules, and regulations governing licensure and professional conduct.

Common Legal Issues and Pitfalls

Common issues in dual citizenship cases include incomplete documentation, confusion between reacquisition and recognition of citizenship, and failure to comply with renunciation requirements for public office. Another recurring issue involves the timing of reacquisition in relation to property acquisition or candidacy for public office, which can have serious legal consequences.

Renunciation Requirement for Public Office

A critical distinction under Philippine law is that dual citizenship is permitted but dual allegiance is not. For appointive or elective public office, reacquired citizens must execute a sworn renunciation of foreign citizenship. Jurisprudence consistently holds that mere reacquisition of Philippine citizenship is insufficient for eligibility to public office without this express renunciation.

Citizenship of Minor Children

Under Republic Act No. 9225, unmarried children below eighteen years of age of those who reacquire Philippine citizenship are deemed Philippine citizens, whether legitimate, illegitimate, or adopted, provided they are included in the petition. This provision reinforces the constitutional policy of preserving Filipino citizenship across generations.

Republic Act No. 9225 reflects the State’s recognition of the realities of globalization while reaffirming the primacy of Philippine citizenship. Reacquisition is a right of natural-born Filipinos, not a privilege subject to discretion. However, the exercise of this right carries legal responsibilities, particularly when engaging in political participation or public service. Proper legal guidance is essential to ensure full compliance with Philippine citizenship laws.

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