Legal basis and implementing mandate
- Republic Act No. 9225 declares that natural-born citizens who become citizens of another country may retain or re-acquire Philippine citizenship upon taking an Oath of Allegiance to the Republic of the Philippines, subject to conditions provided in the Act.
- Administrative Order No. 91 (Section 1) dated January 12, 2004 designates the Bureau of Immigration as the implementing agency of Republic Act No. 9225.
- Administrative Order No. 91 (Section 2) authorizes the BI to issue rules and guidelines to implement Republic Act No. 9225.
Policy, purpose, and streamlined processing
- The order applies to immigration processing at international ports of entry and exit to extend the full benefits of Republic Act No. 9225 to qualified passengers.
- The order streamlines implementation rules and regulations to ensure consistent immigration handling of passengers who retained or re-acquired Philippine citizenship under Republic Act No. 9225.
- The order governs how BI Immigration Officers evaluate proof and apply immigration stamps during arrival and departure.
Definitions and what counts as proof
- For purposes of the order, substantial proof of retention or re-acquisition of Philippine citizenship includes any of the following:
- A valid Philippine passport.
- An Original copy of Identification Certificate (IC) issued by either the Bureau of Immigration (BI) or Foreign Service Posts of the Department of Foreign Affairs (DFA).
- An Original copy of the Certificate of Retention/Re-acquisition of Philippine Citizenship (CRPC) issued by the BI.
- Proof is used specifically to establish entitlement to immigration processing under the order during arrival and departure.
Coverage: arriving and departing passengers
- The order applies to passengers who retained or re-acquired Philippine citizenship under Republic Act No. 9225.
- The order governs processing at international ports of entry and exit of the Philippines.
- The order covers both:
- Arrival processing at the port of entry (Section 2).
- Departure processing at the port of exit (Section 3).
- The order requires Immigration Officers to validate the presented proof of Philippine citizenship before applying travel clearance and immigration stamps.
Arrival processing requirements
- Upon arrival at any international port of entry in the Philippines, a passenger who retained or re-acquired Philippine citizenship under Republic Act No. 9225 must present during immigration primary inspection:
- a valid foreign passport, and
- any substantial proof of Philippine citizenship under Section 1.
- If the Immigration Officer determines the presented proof is valid, the passenger is admitted for an indefinite period of authorized stay.
- The Immigration Officer shall affix an “Arrival” stamp on the passenger’s foreign passport.
- The Immigration Officer shall indicate in the provision for “Authorized Stay” the presented proof using the following markings:
- “PP” for a valid Philippine passport.
- “RA 9225” for an IC or CRPC.
- The arrival stamp and Authorized Stay indication operate upon validity determination of the proof presented.
Departure processing requirements
- A passenger using a valid foreign passport who retained or re-acquired Philippine citizenship under Republic Act No. 9225 shall be cleared for departure without surrendering any certificate, permit, or proof of payment imposable immigration fees upon presentment of any substantial proof under Section 1.
- Upon determination that the presented proof is valid, the Immigration Officer shall affix a “Departure” stamp on the passenger’s foreign passport.
- The Immigration Officer shall indicate in the departure stamp the type of proof presented using the following markings:
- “PP” for a valid Philippine passport.
- “RA 9225” for an IC or CRPC.
- Departure clearance is tied to presentment of substantial proof and validity determination by the Immigration Officer.
Failure to present proof
- A passenger using a foreign passport claiming to have retained or re-acquired Philippine citizenship under Republic Act No. 9225 but who fails to present any substantial proof under Section 1 may be admitted or allowed to depart under existing and applicable rules and regulations.
- Processing in this situation does not follow the specific stamp and proof-based clearance rules applicable to valid presentation under Sections 2 and 3.
Repeals and effectivity
- Section 5 repeals Memorandum Order No. MCL-08-039 dated 21 October 2008.
- Section 5 repeals and/or modifies all other issuances that are inconsistent with BI Operations Order No. SBM-2014-015.
- Section 6 provides that the order takes effect immediately.
- The BI must furnish a copy to ONAR, U.P. Law Center, Diliman, Quezon City in accordance with Section 6.