Law Summary
Recognition of Filipino Citizenship
This provision outlines the legal framework for recognizing a child as a Filipino citizen based on parentage.
- Legal Principle: A child born to a Filipino parent is eligible for recognition as a Filipino citizen.
- Key Definition: "Filipino parent" refers to a biological parent who holds Filipino citizenship.
Requirements for Recognition
The following documents must be submitted to the Commissioner for the recognition process:
Petition:
- A letter-request made under oath by the Filipino parent or a legally appointed guardian.
- If the child is 18 years old or older, he/she must submit the request independently.
- In absence of parents or a judicially appointed guardian, a representative may file the petition upon proper authorization via power of attorney.
Documents Required:
- Authenticated Birth Certificate of the child.
- Birth Certificate of the Filipino parent.
- Affidavit of Citizenship from the Filipino parent affirming their citizenship at the time of the child's birth.
- Photocopies of the child’s passport (if available).
- Photocopies of the Filipino parent's passport (if available).
- Additional proof of the Filipino parent's citizenship, excluding passports.
- Important Note: Documents issued by foreign governments must be authenticated by the Philippine Consulate or Embassy. Any non-English or non-Filipino documents must be translated and sealed by the appropriate foreign embassy to be admissible.
Processing and Confirmation
- The Bureau shall send an official copy of the Order of Recognition to the Department of Justice within 72 days of the approval date for confirmation.
- An Identification Certificate will not be issued until after the Secretary of Justice confirms the order.
- Any issued Identification Certificate must clearly indicate the confirmation date by the Secretary of Justice.
Implementation Timeline
- This law instruction takes effect 15 days after its publication and filing with the University of the Philippines Law Center.
Key Takeaways
- Children born to Filipino parents may be recognized as Filipino citizens by submitting specific documents to the Commissioner.
- Essential documentation includes birth certificates, affidavits, and proof of citizenship.
- The process involves confirmation from the Department of Justice, with specific timelines for document submission and processing.
- Non-compliance with document authenticity and translation requirements may result in inadmissibility of submissions.