Title
Rules on Retention/Reacquisition of Citizenship
Law
Bi Memorandum Circular No. Mcl-08-006 2008
Decision Date
Sep 3, 2008
Former natural-born citizens of the Philippines who have lost their citizenship by becoming citizens of a foreign country can retain or reacquire their Philippine citizenship by filing a petition with the Bureau of Immigration or the nearest Philippine Foreign Post, providing necessary documents and paying the required processing fee.

Law Summary

Filing Procedures for Applicants in the Philippines

  • Submit a verified petition for retention or reacquisition of citizenship to the Bureau of Immigration (BI).
  • If registered as an alien, request cancellation of Alien Certificate of Registration (ACR) and relevant certificates.
  • Upon approval, receive a Certificate of Re-acquisition/Retention of Philippine Citizenship (CRPC).
  • Option to apply for a Philippine passport thereafter.

Filing Procedures for Applicants Abroad

  • File a verified petition with the nearest Philippine Foreign Post.
  • Include request for cancellation of Alien Certificate of Registration and related documents if registered as alien.
  • Philippine Foreign Posts authorized to issue CRPC.
  • May apply for a Philippine passport after reacquisition/retention.

Petition Requirements and Documentation

  • Petition must include:
    • Full name as per foreign naturalization documents, and previous name(s) if changed.
    • Latest forwarding address.
    • Date and place of birth, civil status.
    • Parents’ names and citizenship at applicant’s birth.
    • Child beneficiary details, if any.
  • Attach two recent passport size photos with royal blue background.

Fees and Payment

  • Processing fee for applicants in the Philippines: PHP 2,500.
  • Processing fee for applicants abroad: USD 50 or equivalent.
  • Separate fees for each beneficiary.

Proof of Natural-Born Citizenship

  • Presumption in favor of applicant being a natural-born citizen unless proven otherwise.
  • Acceptable documents include birth certificate, old Philippine passport, voter’s affidavit/ID, marriage contract indicating citizenship, or other acceptable proof.
  • Bureau’s Alien Registration Division verification required if documents are Bureau-issued.

Resolution of Name Discrepancies

  • Affidavit explaining name differences must be submitted.
  • Attach supporting documents demonstrating correct name.
  • Order of approval will reflect birth name and alias.
  • Correction of birth certificate entries must be reflected in orders and certificates.
  • Foreign documents must be authenticated by Philippine Consulate.

Oath of Allegiance

  • Mandatory oath affirming support for the Philippine Constitution and allegiance to the Republic.
  • Oath administered by authorized BI official or Philippine Foreign Post personnel.
  • Exceptions allowed only with written justification.

Submission of Certificate of Naturalization

  • Applicants must submit photocopy of Certificate of Naturalization.
  • If unavailable, affidavit explaining acquisition of foreign citizenship is acceptable.

Processing and Approval Procedures

  • Petitions are filed at BI or Philippine Foreign Post.
  • Pre-evaluation done for deficiencies; deficient petitions returned for correction.
  • Complete petitions assigned to evaluating officer for immediate disposition.
  • Approved petitions forwarded for signature by Commissioner or Consul-General.
  • Cancellation of alien registration documents coordinated between BI and Foreign Post.
  • Applicants given 30 days to submit missing documents or petition will not be granted.
  • Written notice given if applicant cannot prove former citizenship.

Final Act of Retention/Reacquisition

  • Taking the Oath of Allegiance constitutes final act.
  • In the Philippines, preferably administered by BI Commissioner or authorized official.
  • Abroad, administered by Consul General or authorized foreign service officer.

Records Management

  • BI Records Section maintains all application documents.
  • Official copies of CRPC and Oath of Allegiance sent to National Statistics Office (NSO) for record.

Issuance of Copies and Correction of Clerical Errors

  • Applicants provided official copies of Order of Approval and Oath of Allegiance.
  • CRPC must indicate Philippine citizenship under R.A. No. 9225 and A.O. No. 91, series 2004.
  • Clerical errors may be corrected upon written request and approval.
  • NSO must be furnished with corrected documents promptly.

Confidentiality of Records

  • Information and documents submitted remain confidential.
  • Disclosure only with express written consent of the applicant.

Beneficiaries and Children

  • Children under 18 (legitimate, illegitimate or adopted) included as beneficiaries if listed and fees paid.
  • Beneficiaries must submit birth certificate and foreign passport photocopies.
  • Children 18 or older born when parent was Filipino may apply independently if proof is shown.
  • Adoption decrees required for adopted beneficiaries, duly authenticated if issued abroad.

Application to Citizens Who Became Aliens After R.A. 9225

  • Rules also apply to those who naturalized abroad after the law’s effectivity date.

Automated System Implementation

  • Petitions filed at BI incorporated into automated system for efficiency.
  • Orders and certificates are system-generated and signed by Commissioner.
  • Foreign Posts use digitized certificate formats provided by BI.

Exemption from Administrative Review

  • Retention/reacquisition petitions are exempt from Secretary of Justice affirmation.
  • Department of Justice may revoke approvals for fraud after administrative hearing.
  • BI remains under administrative supervision of Secretary of Justice.
  • Monthly reports of approvals submitted to DOJ.

Repealing and Effectivity Provisions

  • Inconsistent prior memoranda circulars are repealed or modified.
  • This memorandum circular takes effect 15 days after publication in two newspapers of general circulation.

Analyze Cases Smarter, Faster
Jur helps you analyze cases smarter to comprehend faster—building context before diving into full texts.