Title
Supreme Court
Rules for Citizenship under R.A. No. 9225
Law
Bi Memorandum Circular No. Aff-04-01
Decision Date
Mar 10, 2004
"R.A. No. 9225: Retention of Philippine Citizenship" outlines the rules and procedures for former natural-born citizens to retain their Philippine citizenship, including the application process, oath of allegiance, and exemption from administrative review, with the law taking effect 15 days after publication.

Law Summary

Implementing Agency and Authority

  • The Bureau of Immigration (BI) is designated as the implementing agency, in consultation with the DFA, DOJ, Civil Registrar-General, and NSO.
  • BI authorized to issue rules and regulations to implement R.A. No. 9225.

Petition Procedures for Reacquisition of Philippine Citizenship

  • Former natural-born citizens already in the Philippines and BI-registered must file a petition under oath to the Commissioner of Immigration for cancellation of Alien Certificate of Registration (ACR) and issuance of Identification Certificate (IC).
  • Those abroad but BI-registered must file a petition under oath at the nearest Philippine Foreign Post for evaluation, which then forwards records to the BI Commissioner.
  • Persons in the Philippines not BI-registered must file a petition under oath to the Commissioner of Immigration for issuance of an IC.
  • Those abroad and not BI-registered must file a petition under oath to the nearest Philippine Foreign Post.

Required Petition Contents

  • Petition must include the applicant's latest forwarding address.
  • Attachment of three recent 2" x 2" photographs (front, left, right views) on a white background is mandatory.

Fees

  • Applicants in the Philippines pay a processing fee of P2,500.00.
  • Applicants abroad pay a US$50 equivalent fee.
  • Official receipts must be attached to the petition.

Proof of Natural-Born Citizenship

  • Those born in the Philippines must submit NSO-authenticated birth certificates.
  • Those born abroad must submit original Report of Birth from Philippine Foreign Post and, where applicable, foreign birth certificates.

Oath of Allegiance

  • Applicants must sign an Oath affirming support and defense of the Philippine Constitution and laws, acceptance of Philippine sovereignty.

Compliance and Evaluation

  • Strict compliance with requirements is mandatory before filing.
  • Petitions are evaluated by an assigned officer without additional proceedings.
  • Applicants notified to submit missing documents within 30 days or face rejection.
  • Failure to establish natural-born status results in written notice of denial.

Approval Process

  • Evaluating officer submits findings within five days to the Commissioner or Consul-General.
  • For applicants in the Philippines, the Commissioner issues an Order of Approval, directs cancellation of ACR if applicable, and issuance of IC.
  • For applicants abroad, Consul-General issues Order of Approval, transmits documents to BI for IC issuance and ACR cancellation if applicable.

Conferment of Citizenship

  • The Oath of Allegiance is the final act conferring Philippine citizenship under these Rules.
  • Oath administered by Commissioner of Immigration or authorized officers in the Philippines; by Consul-General or commissioned foreign service officers abroad.
  • Oath must be registered pursuant to Civil Registry laws.

Records Management

  • BI Records Section maintains all documents with integrity.
  • Official copies of Order of Approval and Oath of Allegiance sent to NSO.

Issuance and Correction of Identification Certificates

  • Applicants receive official copies of approval and Oath.
  • ICs indicate citizenship status under R.A. No. 9225 and A.O. No. 91.
  • Clerical errors in ICs may be corrected upon written request and approval.
  • NSO receives copies of corrected ICs.

Confidentiality

  • Applications and related documents are confidential.
  • Information cannot be disclosed without the applicant's written consent.

Extension to Minor Children

  • Rules also apply to unmarried children under 18, whether legitimate, illegitimate, or adopted, of those reacquiring citizenship.

Limitations and Revocation

  • Conferment of citizenship under these rules is exempt from administrative review by the Secretary of Justice.
  • Citizenship may be revoked only upon substantive findings of fraud, misrepresentation, or concealment.

Effectivity

  • The rules take effect 15 days after publication in two newspapers of general circulation.

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