State policy on loss of citizenship
- The State policy is that Philippine citizens who become citizens of another country shall be deemed not to have lost Philippine citizenship when the conditions of Republic Act No. 9225 are met (Section 2).
Retention and re-acquisition of citizenship
- Natural-born citizens who have lost Philippine citizenship by reason of naturalization as citizens of a foreign country are deemed to have re-acquired Philippine citizenship upon taking the required oath of allegiance (Section 3).
- The oath must be taken to the Republic of the Philippines and must include the undertakings to support and defend the Constitution, obey laws and legal orders, recognize and accept the supreme authority of the Philippines, and maintain true faith and allegiance (Section 3).
- The oath must be undertaken voluntarily without mental reservation or purpose of evasion (Section 3).
- Natural-born citizens who become citizens of a foreign country after the effectivity of Republic Act No. 9225 shall retain Philippine citizenship upon taking the same oath (Section 3).
- Any provision of law to the contrary is overridden for purposes of retention and re-acquisition (Section 3).
Oath of allegiance requirement
- The required oath is:
- “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 impose this obligation upon myself voluntarily without mental reservation or purpose of evasion.”
- Individuals must take the oath to trigger re-acquisition or retention under Section 3 of Republic Act No. 9225.
Derivative citizenship for children
- The unmarried child of those who re-acquire Philippine citizenship upon the effectivity of Republic Act No. 9225 is deemed a citizen of the Philippines (Section 4).
- The child must be below eighteen (18) years of age (Section 4).
- The rule applies regardless of whether the child is legitimate, illegitimate, or adopted (Section 4).
Civil and political rights; conditions
- Those who retain or re-acquire Philippine citizenship enjoy full civil and political rights and remain subject to all attendant liabilities and responsibilities under existing Philippine laws (Section 5).
Suffrage—meeting constitutional and statutory requirements
- Those intending to exercise the right of suffrage must meet the requirements under Section 1, Article V of the Constitution, Republic Act No. 918 (“The Overseas Absentee Voting Act of 2003”), and other existing laws (Section 5).
Elective public office—renunciation at filing
- Those seeking elective public office in the Philippines must meet constitutional and statutory qualifications and, at the time of filing of the certificate of candidacy, must make a personal and sworn renunciation of any and all foreign citizenship before any public officer authorized to administer an oath (Section 5).
Appointed public office—oath and renunciation
- Those appointed to any public office must subscribe and swear to an oath of allegiance to the Republic of the Philippines and its duly constituted authorities prior to assumption of office (Section 5).
- Appointees must renounce their oath of allegiance to the country where they took that oath (Section 5).
Limits on voting and holding office
- The right to vote, or to be elected, or to any public office in the Philippines cannot be exercised by, or extended to, those who:
- are candidates for or are occupying any public office in the country of which they are naturalized citizens; and/or
- are in active service as commissioned or non-commissioned officers in the armed forces of the country in which they are naturalized citizens (Section 5).
Professional practice—license/permit
- Those intending to practice their profession in the Philippines must apply with the proper authority for a license or permit to engage in such practice (Section 5).
Separability and repeal provisions
- Section 6 provides a separability rule: if any section or provision of Republic Act No. 9225 is held unconstitutional or invalid, the remaining sections not affected remain valid and effective.
- Section 7 repeals or modifies all laws, decrees, orders, rules, and regulations inconsistent with Republic Act No. 9225.
Coverage and operative effect
- Republic Act No. 9225 applies to natural-born citizens who lose Philippine citizenship due to naturalization in a foreign country and to natural-born citizens who become foreign citizens after the Act’s effectivity (Section 3).
- The operative effect is triggered by the required oath of allegiance, leading to re-acquisition (for prior naturalization losses) or retention (for subsequent naturalizations after effectivity) (Section 3).