SPECIAL LAWS AND REGULATIONS AFFECTING BALIKBAYANS (FORMER FILIPINOS) AND FOREIGNERS WHO WISH TO INVEST IN THE PHILIPPINES.
(Includes: R.A. 9225, R.A. 8179, E.O. 109, FOREIGN INVESTMENT NEGATIVE LIST, ART. IV OF THE 1987 CONSTITUTION (Citizenship), M.C. No. AFF-04-01, A.O. No. 91, S. 2004.
Compiled By:
Atty. Manuel J. Laserna Jr.,
LCM Law Offices, Las Pinas City, Philippines
Tel. (63 2) 8742539, 8725443
Email - lcmlaw@gmail.com
[REPUBLIC ACT NO. 9225]
AN ACT MAKING THE CITIZENSHIP OF THE PHILIPPINE CITIZENS WHO ACQUIRE FOREIGN CITIZENSHIP PERMANENT, AMENDING FOR THE PURPOSE COMMONWEALTH ACT NO. 63, AS AMENDED, AND FOR OTHER PURPOSES.
Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled:
SECTION 1. Short Title. This Act shall be known as the “Citizenship Retention and Re-acquisition Act of 2003.”
SECTION 2. Declaration of Policy. It is hereby declared the policy of the State that all Philippine citizens who become citizens of another country shall be deemed not to have lost their Philippine citizenship under the conditions of this Act.
SECTION 3. Retention of Philippine Citizenship. Any provision of law to the contrary notwithstanding, natural-born citizens of the Philippines who have lost their Philippine citizenship by reason of their naturalization as citizens of a foreign country are hereby deemed to have re-acquired Philippine citizenship upon taking the following oath of allegiance to the Republic:
“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.”
Natural-born citizens of the Philippines who, after the effectivity of this Act, become citizens of a foreign country shall retain their Philippine citizenship upon taking the aforesaid oath.
SECTION 4. Derivative Citizenship. The unmarried child, whether legitimate, illegitimate or adopted, below eighteen (18) years of age, of those who re-acquire Philippine citizenship upon effectivity of this Act shall be deemed citizens of the Philippine citizenship upon taking the aforesaid oath.
SECTION 5. Civil and Political Rights and Liabilities. Those who retain or re-acquire Philippine citizenship under this act shall enjoy full civil and political rights and be subject to all attendant liabilities and responsibilities under existing laws of the Philippines and the following conditions:
(1) Those intending to exercise their right of suffrage must meet the requirements under Section1, Article V of the Constitution, Republic Act No. 9189, otherwise known as “The Overseas Absentee Voting Act of 2003” and other existing laws;
(2) Those seeking elective public office in the Philippines shall meet the qualifications for holding such public office as required by the Constitution and existing laws and, at the time of the filing of the certificate of candidacy, make a personal and sworn renunciation of any and all foreign citizenship before any public officer authorized to administer an oath;
(3) Those appointed to any public office shall subscribed and swear to an oath of allegiance to the Republic of the Philippines and its duly constituted authorities prior to their assumption of office: Provided. That they renounced their oath of allegiance to the country where they took that oath;
(4) Those intending to practice their profession in the Philippines shall apply with the proper authority for a license or permit to engage in such practice; and
(5) That right to vote or be elected or appointed to any public office in the Philippines cannot be exercised by, or extended to, those who:
(a) are candidates for or are occupying any public office in the country of which they are naturalized citizens; and/or
(b) are in active service as commissioned or non-commissioned officers in the armed forces of the country which they are naturalized citizens.
SECTION 6. Separability Clause. If any section or provision of this Act is held unconstitutional or invalid, any other section or provision not affected thereby shall remain valid and effective.
SECTION 7. Repealing Clause. All laws, decrees, orders, rules and regulations Inconsistent with the provisions of this Act are hereby repealed or modified accordingly.
SECTION 8. Effectivity Clause. This Act shall take effect after fifteen (15) days following its publication in the Official Gazette or two (2) newspapers of general circulation.
Approved: August 29, 2003
(end)
| Frequently Asked Questions |
- What is Republic Act No. 9225?
Republic Act No. 9225 is an Act making the citizenship of Filipinos who acquire foreign citizenship permanent, amendin for the purpose Commonwealth Act No. 63.
RA 9225, which took effect on 17 September 2003, declares that former natural-born Filipino citizens who acquired foreign citizenship through naturalisation are deemed not to have lost their Philippine citizenship under conditions provided in the Act.
There former Filipinos can re-acquire/retain their Philippine citizenship by taking the oath of allegiance to the Republic of the Philippines.
- Who is a natural-born Filipino citizens?
Under the Philippine Constitution, a natural-born citizen is a person born of one or both parents who are Filipino citizens at the time of birth.
- Does the law RA 9225 apply to dual citizens?
RA 9225 does not apply to dual citizens, ie, those who have both Philippine citizenship as well as foreign citizenship not acquired through naturalisation.
- A child born of parents who are both Filipino citizens (at the time of birth) in a country that adheres to the jus soli principle (eg, the United States) is a dual citizen. The child, who is a natural-born Filipino because the Philippines adheres to the jus sanginis principle, is also entitled to apply for a US passport.
Jus soli (right of soil) is the legal principle that a person's nationality at birth is determined by the place of birth (ie, the territory of a given state).
Jus sanguinis (right of blood) is the legal principle that, at birth, an individual acquires the nationality of his/her natural parent/s. - A chld born of one parent who is a Filipino citizen (at the time of birth) and of one foreign parent (eg, Australian) whose country adheres to the jus sanguinis principle is a dual citizen and is entitled to apply for both Philippine and Australian passports.
- A child born of one parent who is a Filipino citizen (at the time of birth) and of one foreign parent (eg, Australian) whose country adheres to the jus sanguinis principle in a country that adheres to the jus soli principle (eg, US) would be entitled to apply for Philippine, Australian and US passports.
- How do i prove that I am a natural-born Filipino?
A former natural-born citizen, who was born in the Philippines, shall submit the NSO-authenticated copy of his or her birth certificate.
A former natural-born citizen, who was born abroad, shall present a copy of the Report of Birth issued by the Philippine Embassy or Consulate and, in applicable cases, the original copy of the Birth Certificate by competent foreign authorities.
- What is the procedure in applying and what documents are required in order to apply?
a. Applicant shall present a copy of his/her Birth Certificate issued or duly-authenticated by the National Statistics Office (NSO) in Manila.
(Note: applicants can request for an authenticated birth certificate from the National Statistics Office on-line through the following website: www.ecensus.com.ph)
In case of no records found, applicant must present a Certificate of Non-Availability of Birth Record from the NSO and other secondary documentary proof of being a former natural-born Filipino citizen (e.g. old Philippine passport, baptismal certificate, marriage certificate of applicant’s parents)
b. Applicant accomplishes form entitled “Petition for Dual Citizenship and Issuance of Identification Certificate (IC) pursuant to RA 9225” and attaches three (3) 2”x2” photographs showing the front, left side and right side views of the applicant.
c. Applicant submits duly-accomplished petition to the Philippine Consulate / Embassy together with the photos, birth certificate and a valid ID.
(Note: applicants who are married and who wish to use their married names must submit a copy of their marriage certificate).
d. Applicant pays a processing fee of US$ 50.00 and is assigned a schedule for his/her oath of allegiance before a consular officer. Applicant takes his/her oath.
e. Applicant is given the original copy of his notarized oath of allegiance together with an Order of Approval issued by the Philippine Consulate General.
f. The Philippine Consulate General forwards to the Bureau of Immigration in Manila the petition, oath, order of approval, and other supporting documents for issuance of an Identification Certificate.
g. The Bureau of Immigration issues an Identification Certificate (IC) and forwards it to the applicant through the Philippine Consulate General.
- What is the implementing agency of RA 9225?
Administrative Order No. 91, Section 1 designates the Bureau of Immigration (BI), in consultation with the Department of Foreign Affairs (DFA), Department of Justice (DOJ), Office of the Civil Registrar-General of the National Statistics Office (NSO), as the implementing agency of RA 9225
- Where do I apply for re-acquisition of Philippine Citizenship if I am in the Philippines?
A former natural-born Filipino citizen who is already in the Philippines and registered in the Bureau of Immigration shall file a petition under oath to the Commissioner of Immigration for the cancellation of the Alien Certicate of Registration (ACR) and issuance of an Identification Certificate (IC) as the case may be, under RA 9225.
A former natural-born citizen who is already in the Philippines but has not registered with the BI within 60 days from date of arrival shall file a petition under oath to the Commissioner of Immigration for the issuance of an IC under RA 9225.
- Where do I apply for re-acquisition of Philippine Citizenship if I am overseas?
A former natural-born citizen who is abroad but is a BI-registered alien shall file a petition under oath to the nearest Philippine Embassy or Consulate for evaluation. Thereafter, the Embassy or Consulate shall forward the entire records to the Commissioner of Immigration for the cancellation of the ACR and issuance of an IC under RA 9225.
A former natural-born citizen who is abroad and is not a BI-registered alien shall file a petition under oath to the nearest Philippine Embassy or Consulate for the issuance of an IC under RA 9225.
- What is the Oath of Allegiance?
The Oath of Allegiance is the final act that confers Philippine citizenship. It reads as follows:
"I,________________, solemnly swear that I will support and defend the Constitution of the Republic of the Philippines and obey the laws and local orders promulgated by the duly constituted authorities of the Philippines, and I hereby declare that I recognise 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."
- Can the conferment of Philippine citizenship be revoked?
The conferment of Philippine citizenship under the IRR shall no longer be subject to the affirmation by the Secretary of Justice. However, Philippine citizenship may be revoked by competent authority upon a substantive finding of fraud, misrepresentation or concealment on the part of the applicant.
- Can my foreign spouse also become a Filipino citizen under RA 9225?
No, the law does not apply to the foreign spouse. He/she has the following option if he/she wishes to reside permanently in the Philippines: (a) apply for naturalisation; (b) apply for a permanent resident visa.
- Can my children (minor or aged 18 years old or over) also acquire Philippine citizenship under RA 9225?
According to Section 4 of RA 9225 (Derivative Citizenship), the unmarried child, whether legitimate, illegitimate or adopted, below eighten (18) years of age, of those who re-acquire Philippine citizenship under this Act shall be deemed citizens of the Philippines.
A married child, although a minor, cannot therefore be included in the petition of his/her parent.
Children 18 years old and over do not qualify to acquire Philippine citizenship under RA 9225. They have the same options that are open to the foreign spouse.
- What is the procedure for derivative acquisition of Philippine citizenship?
The petition under oath has the option to list the names and details of any minor, unmarried children. The applicant should include a copy of the Report of Birth and the original copy of Record of Birth for each minor child.
The Embassy will clarify from Bureau of Immigration the exact procedure in case of the minor children and whether the BI will issue to them a Certificate of Identification.
- After I have re-acquired Philippine citizenship, can I apply for a Philippine passport?
Yes, and so can the minor children who are deemed to have acquired Philippine citizenship under RA 9225. You would need to comply with the requirements for first-time passport applicants.
- What rights and privileges will dual citizens enjoy?
Those who retain or reacquire their Philippine Citizenship under RA 9225 shall enjoy full civil and political rights and be subject to all attendant liabilities and responsibilities under existing laws of the Philippines and the following conditions:
. Those intending to exercise their right of suffrage must meet the requirements under Section 1, Article V of the Constitution, Republic Act No. 9189, otherwise known as “The Overseas Absentee Voting Act 0f 2003” and other existing laws.
a. Under the Act, the right to vote or be elected or appointed 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 those who are in active service as commissioned or non-commissioned officers in the armed forces of the country which they are naturalized citizens.
b. Those seeking elective public office in the Philippines shall meet the qualifications for holding such public office as required by the Constitution and existing laws and, at the time of filing of the certificate of candidacy, make a personal and sworn renunciation of any and all foreign citizenship before any public officer authorized to administer an oath.
c. Those appointed to any public office shall subscribe and swear to an oath of allegiance to the Republic of the Philippines and its duly constituted authorities prior to their assumption of office: Provided, That they renounce their oath of allegiance to the country where they took that oath;
- Can I now acquire land and other properties or engage in business?
As provided for under the 1987 Philippine Constitution, a Filipino citizen is entitled to purchase land and other properties and engage in business. There is no limit in terms of area or size of land or real property he/she could acquire/purchase under his/her name. This right would now apply to former natural-born Filipinos who have re-acquired Philippine citizenship under RA 9225.
- Can I now reside in the Philippines without having to apply for entry visa?
Former natural born Filipinos who have re-acquired Philippine citizenship may now reside in the Philippines continuously without having to apply for entry visa. If the foreign spouse and/or child wish to also reside permanently in the Philippines, they may opt to apply for naturalisation as a Filipino citizen or apply for a permanent resident visa.
If he/she does not wish to reside permanent in the Philippines, he/she could visit the country as a Balikbayan (refers to a Filipino citizen who is out of the country continuously for at least one year). The foreign spouse or child may enter the country and stay for up to a year visa-free provided the spouse or child is accompanying or travelling with the Balikbayan when the Balikbayan goes home to the Philippines.
- As a dual citizen, how long can I stay in the Philippines?
Having reacquired your citizenship, you can stay in the Philippines for as long as you want without having to pay an immigration fees. You can even choose to retire or permanently settle back in the Philippines. As a Filipino citizen, you are subject to duties and other obligations imposed on other ordinary Filipinos, such as paying the necessary community tax residence and other tax liabilities in accordance with the tax laws of the Philippines.
- Will I now be required to pay income tax and other taxes? Am I exempt from paying the travel tax?
In accordance with existing laws, income earned in the Philippines is subject to the payment of tax. Filipinos who re-acquire citizenship and opt to reside and work in the Philippines will pay the income tax due at the end of each fiscal year. They are also subject to other obligations and liabilities, such as the community tax and residence tax.
Countries routinely forge bilateral agreements in order that their respective citizens who earn income overseas do not pay income tax twice.
Filipinos who have re-acquired citizenship, as long as they reside permanently overseas, also enjoy the travel tax exemption extended to Filipino citizens permanently residing in other countries, the OFWs and their dependents.
- As a dual citizen, am I allowed to practice my profession in the Philippines (e.g. doctor) ?
Under the law, those intending to practice their profession in the Philippines shall apply with the proper authority for a license or permit to engage in such practice.
- If I need to get more details on the rules and procedures for the implementation of RA 9225, which government office do I contact in the Philippines?
Under Administrative Order No. 92 Series of 2004 dated 12 January 2004, the Bureau of Immigration has been designated as the government agency in charge of formulating the rules and procedures for the implementation of Republic Act No. 9225. The contact details of Immigration Commissioner Alipio F. Fernandez are as follows: Office of the COmmisioner, Bureau of Immigration, Magallanes Drive, Intramuros, Manila, Philippines. (Tel. No. (63)2 527-3265 / Fax No. (63-2) 527-3279)
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Memorandum Circular No. AFF-04-01
Rules Governing Philippine Citizenship under Republic Act (RA) No. 9225 and Administrative Order (A.O.) No. 91, Series of 2004
WHEREAS, R.A. No. 9225 declares that natural-born citizens of the Philippines who become citizens of another country shall be deemed not to have lost their Philippine citizenship under conditions therein;
WHEREAS, A.O. No. 91, Section 2 authorizes the BI to promulgate and issue rules and regulations to implement R.A. No. 9225;
WHEREFORE, by authority of A.O. No. 91, Section 2 in relation to Commonwealth Act No. 613, Section 3, as amended, the following rules are hereby adopted to carry out the provisions of R.A. No. 9225.
Section 1. Coverage. - These rules shall apply to former natural-born citizens of the Philippines, as defined. By Philippine law and jurisprudence, who have lost their Philippine citizenship by reason of their naturalization as citizens of a foreign country.
Section 2. Former natural-born Philippine citizen already in the Philippines and BI-requested alien - A former natural-born citizen of the Philippines who is already in the Philippines and registered in the BI shall file a petition under oath to the Commissioner of Immigration for the cancellation of Alien Certificate of Registration (ACR) and issuance of an Identification Certificate (IC), as the case may be, under R.A. No. 9225.
Section 3. Former natural-born Philippine citizen who is abroad but a BI-registered alien - a former natural-born citizen of the Philippines who is abroad but is a BI-registered alien shall file a petition under oath to the nearest Philippine Foreign Post for evaluation. Thereafter, it shall forward the entire records to the Commission of Immigration for the cancellation of Alien Certificate Registration (ACR) and issuance of an IC under R.A. No. 9225.
Section 4. Former natural-born Philippine citizen already in the Philippines and not a BI-registered alien - A former natural-born citizen of the Philippines who is already in the Philippines but has not registered with the BI within sixty (60) days from date of his arrival shall file a petition under oath to the Commissioner of Immigration for the issuance of an IC under R.A. No. 9225.
Section 5. Former natural-born Philippine citizen who is abroad and not a BI-registered alien - A former natural-born of the Philippines who is abroad and is not a BI-registered alien shall file a petition under oath to the nearest Philippine Foreign Post for the issuance of an IC under R.A. 9225.
Section 6. Forwarding address. Photographs. - In all petitions under Section 2 to 5 hereof, the applicant must indicate his or her latest forwarding address. Three (3) recent 2"x2" photographs of the applicant (front, left side, and right side views over white background) shall be attached to the petition.
Section 7. Fees. - Each applicant under these Rules shall pay a one-time fee for the processing of the application and issuance of the corresponding IC.
Applicants already in the Philippines shall attach the official receipt for the amount of P2,500.00 as proof of payment of processing fee. Applicants who are abroad shall attach the official receipt for the amount of US$50 or its equivalent in foreign currency acceptable to the Philippine Foreign Post concerned.
Section 8. Proof as natural-born citizen of the Philippines. - A former natural-born citizen of the Philippines who was born in the Philippines, shall submit the NSO-authenticated copy of his or her birth certificate.
On the other hand, a former natural-born citizen of the Philippines, who was born abroad, shall submit the original copy of the Report of Birth issued by the Philippine Foreign Post and in applicable cases, the Birth Certificate issued by competent foreign authorities.
These documents shall be sufficient to establish that the applicant is a natural-born citizen of the Philippines for purposes of these Rules.
Section 9. Submission of the Oath of Allegiance - Applicants under these Rules shall also sign and attach an Oath of Allegiance to the Republic of the Philippines as follows:
I (name of applicant) solemnly swear (or affirm) that I will support and defend the Constitution of the Republic of the Philippines and obey the laws and local 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.
Section 10. Strict compliance. Effect of non-compliance. - All petitions must strictly comply with the preceding requirements prior to filing at the Office of the Commissioner or at the nearest Philippine Foreign Post, as the case may be. After the filing of the petition, the same shall be assigned to an evaluating officer who shall evaluate the petition without further proceedings.
In the case of petitions that do not comply with the requirements, the applicant shall be notified to submit the required documents within thirty (30) days from receipt thereof. Otherwise, the petition shall not be favorably acted upon by the Bureau of Immigration or by the Philippine Foreign Post.
If after the evaluation, the documents submitted fail to establish that the applicant is a natural-born citizen of the Philippines, the applicant shall be notified of such fact in writing by the Commissioner of Immigration or by the Philippine Foreign Post.
Section 11. Approval Procedures. - If the petition is found to be sufficient in form and in substance, the evaluating officer shall submit the findings and recommendation to the Commissioner of Immigration or Consul-General, as the case may be, within five (5) days from date of assignment.
For applications filed under Section 2 and 4 of these Rules, the Commissioner of Immigration shall issue, within five (5) days from receipt thereof, an Order of Approval indicating that the petition complies with the provisions of R.A. No. 9225 and its IRR, and further direct the Chief of Alien Registration Division (ARD) to cancel the subject ACR and/or to issue the corresponding IC to the applicant.
Each cancelled ACR shall, however, be attached to the Order of Approval to form part of the records of the applicant.
For applications filed under Section 3 and 5 of these Rules, the Consul-General shall issue, within five (5) days from receipt thereof, the Order of Approval indicating that the petition complies with the provisions of R.A. No. 9225 and its IRR. He shall then transmit copies of the Order of Approval, Oath of Allegiance, including the authenticated Record of Birth or Birth Certificate to the BI. Immediately upon receipt thereof, the BI shall issue the corresponding IC to the applicant and forward the same to the Philippine Foreign Post concerned. If the applicant is a BI-registered alien, the BI shall also cancel the subject ACR.
Section 12. Conferment of Philippine citizenship. Conditions - Subject to full compliance with these Rules, the Oath of Allegiance shall be the final act that confers Philippine citizenship.
In case the applicant is abroad, only the Consul General or a duly commissioned foreign service officer of the Philippine Foreign Post concerned shall administer the Oath of Allegiance.
The Oath of Allegiance shall thereafter be registered in accordance with the provisions of the Civil Registry laws.
Section 13. Repository of Records - The BI Records Section shall maintain the integrity of all documents filed under these Rules. It shall send official copies of the Order of Approval and Oath of Allegiance to the NSO.
Section 14. Copies for the Applicant. Identification Certificate. Correction of errors. - The applicant shall be provided with an official copies of the Order of Approval and the Oath of Allegiance. Further, all IC's issued under these Rules shall indicate Philippine citizenship under R.A. No. 9225 and A.O. No. 91, s. 2004. Any clerical error or errors in the entries of the IC may be corrected, upon written request to and approval by the Commissioner of Immigration. The NSO shall be promptly provided with a copy of the corrected IC.
Section 15. Confidentiality of Records. - Any application, document of information given before the Bureau of Immigration or any Philippine Foreign Post shall not be divulged in any manner to any person or entity without the express written consent of the person to whom such application, record of information belongs.
Section 16. Other beneficiaries of R.A. No. 9225. - This memorandum circular shall equally apply to the unmarried child, whether legitimate, illegitimate or adopted, below eighteen (18) years of age, of those who re-acquire Philippine citizenship upon the effectivity of R.A. No. 9225.
Section 17. Exemption from administrative review. Limitations. - The conferment of Philippine citizenship under these Rules shall no longer be subject to the affirmation by the Secretary of Justice pursuant to DOJ Policy Directive of 7 September 1970 and Opinion No. 108, s. 1996.
However, Philippine citizenship under these Rules may be revoked by competent authority upon a substantive finding of fraud, misrepresentation or concealment on the part of the applicant.
Section 18. Effectivity. - This memorandum circular takes fifteen (15) days after its publication in two (2) newspaper of general Circulation.
(END).
PRIMER From the website of the COMMISSION ON OVERSEAS FILIPINOS | ||||
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| What is the Citizenship Retention and Re-acquisition Act of 2003? Republic Act No. 9225 or the Citizenship Retention and Re-acquisition Act of 2003 is a law passed on 29 August 2003 which grants natural-born Filipinos who have lost their Filipino citizenship through naturalization in a foreign country, the opportunity to retain or re-acquire their Filipino citizenship. Who are natural-born citizens of the Philippines? Natural-born citizens of the Philippines are those who are citizens of the Philippine from birth without having to perform any act to acquire or perfect their Philippine citizenship. There are:
Is it possible for Filipino to hold dual citizenship or more than one citizenship at the same time? Before the passage of R.A. 9225, dual citizenship of some Filipinos already existed as result of the operation of nationality laws. For example, a child born in the United States of America of Filipino parents is an American citizen under US law, and a Filipino citizen under Philippine law. The child's American citizenship is derived from the principle of jus soli or place of birth, while his Philippine citizenship is derived from the principle of jus sanguinis or citizenship of his parents. The passage of R.A. 9225 makes it possible for Filipinos to hold dual citizenship through means other than by birth. With the passage of R.A. 9225, what happens to a natural-born Filipino who becomes naturalized in another country? A natural born Filipino who becomes a naturalized citizen of another country is deemed not to have lost his/her citizenship under the provisions of the said law. How does one re-acquire Filipino citizenship? A natural-born Filipino who lost his/her Filipino citizenship through naturalization in another country may re-acquire Filipino citizenship through the following process: For applications filed overseas
For applications filed in the Philippines
Does one who re-acquire Filipino citizenship need to reside in the Philippines? Residency in the Philippines is not a requirement for those who re-acquire Filipino citizenship. What rights and privileges is one entitled to on re-acquiring Filipino citizenship? Filipinos who re-acquire Filipino citizenship under this Act may once again enjoy full civil, economic and political rights under existing laws of the Philippines. Among these are:
Can one who re-acquire Filipino citizenship vote in elections in the Philippines? A person who re-acquire Filipino citizenship may vote in elections in the Philippines provided that he/she complies with the residency requirement under existing Philippine election laws. The person may however, vote overseas in Philippine national elections (for President, Vice-President, Senators and sectoral representatives) in accordance with the provisions of the Overseas Absentee Voting Act of 2003. Having re-acquired Filipino citizenship, can one hold public office in the Philippines? Yes, provided that those seeking elective office meet the qualifications as required by the Philippine Constitution and existing laws, and at the time of the filing of the certificate of candidacy, make a personal and sworn renunciation of any and all foreign citizenship before a public officer authorized to administer an oath. What is the effect of dual citizenship on the payment of income taxes? Republic Act 8424 provides that only incomes derived from the Philippines are subject to taxation by the Philippine government. However, in 1976, the Philippines and United States of America signed a treaty on taxation in order to avoid double taxation for Filipinos who derive income from the United States and vice versa. The Philippine government is expected to negotiate similar arrangements with other countries in the light of the enactment of the Citizenship Retention and Reacquisition Act of 2003. After re-acquiring Filipino citizenship, can one practice his or her profession in the Philippines? A person who has re-acquired Filipino citizenship may be able to practice his/her profession in the Philippines, provided that he/she applies with the Professional Regulation Commission (or the Supreme Court for lawyers) for a license or permit to engage in such practice. As a Filipino citizen, can one's spouse who is a foreign national live in the Philippines? An immigrant visa may be issued to a Filipino citizen's foreign spouse which entitles him/her to permanently reside in the Philippines. Said visa may be obtained by applying at Philippine Embassies or Consulates. The validity of the visa, however, is contingent upon the Filipino citizenship of his/her spouse. If a Filipino citizen chooses to travel to the Philippines with his/her foreign spouse and children, do the spouse and children need to secure additional travel documents from the Philippine Embassy or Consulate General beforehand? Under the Balikbayan Law, a Filipino citizen's foreign spouse and children traveling to the Philippines with him/her, do not need to secure other travel documents because they are entitled to a visa-free entry to the Philippines for a period of one (1) year, among other privileges. What is the citizenship status of one's children after re-acquiring Filipino citizenship? If his/her are unmarried and below 18 years of age upon re-acquisition of Filipino citizenship, his/her children are also recognized as Filipino citizens under Philippine laws and are entitled to the rights and privileges attendant thereto. What are required in applying for retention or re-acquisition of one's Filipino citizenship? Those applying for retention or re-acquisition of Filipino citizenship need to submit the following:
Is there a fee involved in re-acquiring one's Filipino citizenship under this Act? Fees involved in reacquiring one's Filipino citizenship under this Act are minimal, consisting only of the notarial and administrative fees prescribed by Philippine Embassies or Consulates, and the US$50 (for overseas applicants) or PhP2,500 (for Philippine based applicants) processing fee prescribed by the Bureau of Immigration. What happens to applicants who have taken their oath of allegiance before the promulgation of the rules and procedures? Fees involved in reacquiring one's Filipino citizenship under this Act are minimal, consisting only of the notarial and administrative fees prescribed by Philippine Embassies or Consulates, and the US$50 (for overseas applicants) or PhP2,500 (for Philippine based applicants) processing fee prescribed by the Bureau of Immigration.
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Republic Act No. 8179
AN ACT TO FURTHER LIBERALIZE FOREIGN INVESTMENTS, AMENDING FOR THE PURPOSE REPUBLIC ACT NO. 7042, AND FOR OTHER PURPOSES
SECTION 1. Section 3, paragraph (a), of Republic Act No. 7042, otherwise known as the "Foreign Investment Act of 1991," is hereby amended to read as follows: "Section 3. Definitions. - As used in this Act:
- the term Philippine national shall mean a citizen of the Philippines, or a domestic partnership or association wholly owned by citizens of the Philippines; or a corporation organized under the laws of the Philippines of which at least sixty percent (60%) of the capital stock outstanding and entitled to vote is owned and held by citizens of the Philippines; or a corporation organized abroad and registered as doing business in the Philippines under the Corporation Code of which one hundred percent (100%) of the capital stock outstanding and entitled to vote is wholly owned by Filipinos or a trustee of funds for pension or other employee retirement or separation benefits, where the trustee is a Philippine national and at least sixty percent (60%) of the fund will accrue to the benefit of Philippine nationals: Provided, That where a corporation and its non-Filipino stockholders own stocks in a Securities and Exchange Commission (SEC) registered enterprise, at least sixty percent of the capital stock outstanding and entitled to vote of each of both corporations must be owned and held by citizens of the Philippines, in order that the corporation shall be considered a Philippine national."
SEC. 2. Sec. 7 of Republic Act No. 7042 is hereby amended to read as follows:
"Sec. 7. Foreign Investments in Domestic Market Enterprises. - Non-Philippine nationals may own up to one hundred percent (100%) of domestic market enterprises unless foreign ownership therein is prohibited or limited by the Constitution and existing law or the Foreign Investment Negative List under Section 8 hereof."
SEC. 3. Section 8 of the Foreign Investments Act of 1991 is hereby amended to read as follows:
"Sec. 8. List of Investment Areas Reserved to Philippine Nationals (Foreign Investment Negative List). - The Foreign Investment Negative List shall have two (2) component lists: A and B:
- List A shall enumerate the areas of activities reserved to Philippine nationals by mandate of the Constitution and specific laws.
- List B shall contain the areas of activities and enterprises regulated pursuant to law:
- which are defense-related activities, requiring prior clearance and authorization from Department of National Defense (DND) to engage in such activity, such as the manufacture, repair, storage and/or distribution of firearms, ammunition, lethal weapons, military ordinance, explosives, pyrotechnics and similar materials; unless such manufacturing or repair activity is specifically authorized, with a substantial export component, to a non- Philippine national by the Secretary of National Defense; or
- which have implications on public health and morals, such as manufacture and distribution of dangerous drugs; all forms of gambling; nightclubs, bars, beer houses, dance halls, sauna and steam bathhouses and massage clinics.
"Small and medium-sized domestic market enterprises with paid in equity capital less than the equivalent of Two hundred thousands US dollars (US$200,000.00), are reserved to Philippines nationals: Provided, That if (1) they involve advance technology as determined by the Department of Science and Technology, or (2) they employ at least fifty (50) direct employees, then a minimum paid-in capital of One hundred thousand US dollars (US$100,000.00) shall be allowed to non-Philippines nationals.
Amendments to List B may be made upon recommendation of the Secretary of National Defense, or the Secretary of Health, or the Secretary of Education, Culture and Sports, indorsed by the NEDA, or upon recommendation motu propio, of NEDA, approved by the President, and promulgated by a Presidential Proclamation.
The transitory Foreign Investment Negative List established in Section 15 hereof shall be replaced at the end of the transitory period by the First Regular Negative Lists to be formulated and recommended by NEDA following the process and criteria provided in Section 8 and 9 of this Act. The First Regular Negative List shall be published not later than sixty (60) days before the end of the transitory period. Subsequent Foreign Investment Negative List shall become effective fifteen (15) days after publication in a newspaper of general circulation in the Philippines: Provided, however, That each foreign Investment Negative List shall be prospective in operation and shall in no way affect foreign investment existing on the date of its publication.
"Amendments to List B after promulgation and publication of the First Regular Foreign Investment Negative List at the end of the transitory period shall not be made more often than once very two (2) years."
"SEC.9. Investment Rights of Former Natural-born Filipinos. - For purposes of this Act, former natural born citizens of the Philippines shall have the same investment rights of Philippine citizen in Cooperatives under Republic Act No. 6938, Rural Banks under Republic Act No. 7353, Thrift Banks and Private Development Banks under Republic Act No. 7906, and Financing Companies under Republic Act No. 5980. These rights shall not extend to activities reserved by the Constitution including (1) the exercise of profession; (2) in defense-related activities under Section 8 (b) hereof, unless specifically authorized by the Secretary of National Defense; and (3) activities covered by Republic Act No. 1180 (Retail Trade Act), Republic Act No. 5487 (Security Agency Act), Republic Act No. 7076 (Small Scale Mining Act), Republic Act No. 3018, as amended (Rice and Corn Industry Act), and P.D. 449 (Cockpits Operation and Management)".
SEC. 5 The Foreign Investment Act is further amended by inserting a new section designated as Section 10 to read as follows:
SEC. 10. Other Rights of natural Born Citizen Pursuant to the Provisions of Article XII, Section 8 of the Constitution. - Any natural born citizen who has lost his Philippine citizenship and who has the legal capacity to enter into a contract under Philippine Laws may be a transferee of a private land up to maximum area of five thousand (5,000) square meters in the case of urban land or three (3) hectares in the case of rural land to be used by him for business or other purposes. In the case of married couples, one of them may avail of the privilege herein granted: Provided, That If both shall avail of the same, the total are acquired shall not exceed the maximum herein fixed.
In case the transferee already owns urban or rural land for business or other purposes, he shall be entitled to be a transferee of additional urban or rural land for business or other purposes which when added to those already owned by him shall not exceed the maximum areas herein authorized.
A transferee under this Act may acquire not more than two (2) lots which should be situated in different municipalities or cities anywhere in the Philippines: Provided, That the Total land area thereof shall not exceed five thousand (5,000) square meters in the case of urban land or three(3) hectares in the case of rural land for use by him for business or other purposes. A transferee who has already acquired urban land shall be disqualified form acquiring rural land and vice versa.
SEC. 6. The National Economic and Development Authority, in consultation with the Board of Investments, the Department of Trade and Industry and Security and Exchange Commission, shall prepare and issue the necessary primer and other information campaign materials regarding the Foreign Investment Act and the amendments introduced thereto, with copies of said materials furnished all the Philippine embassies, consulates and other diplomatic office abroad and disseminated to Filipino nationals, former natural born Filipino citizens, and foreign investors, within sixty (60) days after the effectivity hereof.
SEC. 7. The NEDA is hereby directed to make the necessary amendments to the implementing rules and regulations of Republic Act No. 7042 in order to reflect the changes embodied in the Act.
SEC. 8. Section 9 and 10 Republic Act no. 7042 and all references thereto in said law are hereby repealed or modified accordingly. All other laws, rules and regulation and/or parts thereof inconsistent with the provisions of this Act are hereby repealed or modified accordingly.
SEC.9. If any part or section of this Act is declared unconstitutional for any reason whatsoever, such declaration shall not in any way affect the other parts or section of this Act.
SEC. 10. This Act shall take effect fifteen (15) days after publication in two (2) newspaper of general circulation in the Philippines.
Approved by the President of the Republic of the Philippines: March 28, 1996
(end)
1987 CONSTITUTION ARTICLE IV _ Citizenship
SECTION. 1.
The following are citizens of the Philippines :
(1) Those who are citizens of the Philippines at the time of the adoption of this Constitution;
(2) Those whose fathers or mothers are citizens of the Philippines;
(3) Those born before January 17, 1973, of Filipino mothers, who elect Philippine citizenship upon reaching the age of majority; and
(4) Those who are naturalized in accordance with law.
SEC. 2.
Natural-born citizens are those who are citizens of the Philippines from birth without having to perform any act to acquire or perfect their Philippine citizenship. Those who elect Philippine citizenship in accordance with paragraph (3), Section 1 hereof shall be deemed natural-born citizens.
SEC. 3.
Philippine citizenship may be lost or reacquired in the manner provided by law.
SEC. 4.
Citizens of the Philippines who marry aliens shall retain their citizenship, unless by their act or omission they are deemed, under the law, to have renounced it.
SEC. 5.
Dual allegiance of citizens is inimical to the national interest and shall be dealt with by law.
(end)
COMMONWEALTH ACT NO. 108
AN ACT TO PUNISH ACTS OF EVASION OF THE LAWS ON THE NATIONALIZATION OF CERTAIN RIGHTS, FRANCHISES OR PRIVILEGES.
(ANTI-DUMMY LAW)
Section 1. In all cases in which any constitutional or legal provisions requires Philippine or any other specific citizenship as a requisite for the exercise or enjoyment of a right, franchise or privilege, any citizen of the Philippines or of any specific country who allows his name or citizenship to be used for the purpose of evading such provision, and any alien or foreigner profiting thereby, shall be punished by imprisonment for not less than five nor more than fifteen years, and by a fine of not less than the value of the right, franchise or privilege, which is enjoyed or acquired in violation of the provisions hereof but in no case less than five thousand pesos.
The fact that the citizen of the Philippines or of any specific country charged with a violation of this Act had, at the time of acquisition of his holdings in the corporations or associations referred to in section two of this Act, no real or personal property, credit or other assets the value of which shall at least be equivalent to said holdings, shall be evidence of a violation of this Act.
Section 2. In all cases in which a constitutional or legal provision requires that, in order that a corporation or association may exercise or enjoy a right, franchise or privilege, not less than a certain per centum of its capital must be owned by citizens of the Philippines or of any other specific country, it shall be unlawful to falsely stimulate the existence of such minimum stock or capital as owned by such citizens, for the purpose of evading said provision. The president or managers and directors or trustees of corporations or associations convicted of a violation of this section shall be punished by imprisonment of not less than five nor more than fifteen years, and by a fine of not less than the value of the right, franchise or privilege, enjoyed or acquired in violation of the provisions hereof but in no case less than five thousand pesos.
Section 2-A (as amended by PD 715) Any person, corporation, or association, which, having in its name or under its control, a right, franchise, privilege, property or business, the exercise or enjoyment of which is expressly reserved by the Constitution or the laws to citizens of the Philippines or of any other specific country, or to corporations or associations at least sixty per centum of the capital of which is owned by such citizens, permits or allows the use, exploitation or enjoyment thereof by a person, corporation or association not possessing the requisites prescribed by the Constitution or the laws of the Philippines; or leases, or in any other way, transfers or conveys said right, franchise, privilege, property or business to a person, corporation or association not otherwise qualified under the Constitution, or the provisions of existing laws; or in any manner permits or allows any person, not possessing the qualifications required by the Consitution, or existing laws to acquire, use, exploit, or enjoy a right, franchise, property or business, the exercise and enjoyment of which are expressly reserved by the Constitution or existing laws to citizens of the Philippines or of any other specific country, to intervene in the management, operation, administration or control thereof, whether as an officer, employee or laborer therein with or without remuneration except technical personnel whose employment may be specifically authorized by the Secretary of Justice, and any person who knowingly aids, assists, or abets in the planning, consummation or perpetration of any of the acts herein above enumerated shall be punished by imprisonment for not less than five nor more than fifteen years and by a fine of not less than the value of the right, franchise or privilege enjoyed or acquired in violation of the provisions hereof but in no case less than five thousand pesos: provided, however, that the president, managers, or persons in violating the provisions of this section shall be criminally liable in lieu thereof: provided, further, that any person, corporation or association shall, in addition to the penalty imposed herein, forfeit such right, franchise, privilege and the property provision of this Act; and provided, finally, that the election of aliens as members of the board of directors or governing body of corporations or associations engaging in partially nationalized activities shall be allowed in proportion to their allowable participation or share in the capital of such entities.
Section 2 – B. Any violation of the provisions of this Act by the spouse of any public official, if both live together, shall be a case for the dismissal of such public official.
Section 2 – C. The exercise, possession or control by a Filipino citizen having a common-law relationship with an alien of a right, privilege, property or business, the exercise or enjoyment of which is expressly reserved by the Constitution or laws to citizens of the Philippines shall constitute a prima facie evidence of violation of the provisions of Section 2-A hereof.
Section 3. Any corporation or association violating any of the provisions of this Act shall, upon proper court proceedings, be dissolved.
Section 3 – A. In case of conviction under the provisions of this Act, twenty-five per centum of any fine imposed shall accrue to the benefit of the informer who furnishes to the Government original information leading to said conviction and who shall be ascertained and named in the judgment of the court. If the informer is a dummy, who shall voluntarily take the initiative of reporting to the proper authorities any violation of the provisions of this Act and assist in the prosecution, resulting in the conviction of any person or corporation profiting thereby or involved therein, he shall be entitled to the reward hereof in the sum equivalent to the twenty-five per centum of the fine actually paid to or received by the Government, and shall be exempted from the penal liabilities provided for in this Act.
Section 4. This Act shall take effect upon its approval.
Approved, October 30, 1936.
(end)
5th Regular Foreign Investment Negative List
LIST A: FOREIGN OWNERSHIP IS LIMITED BY MANDATE OF THE CONSTITUTION AND SPECIFIC LAWS
No Foreign Equity
1. Mass Media except recording (Art. XVI, Sec. 11 of the Constitution; Presidential Memorandum dated 04 May 1994)
2. Practice of professions 1
a. Engineering
i. Aeronautical
ii. Agricultural
iii. Chemical
iv. Civil
v. Electrical
vi. Electronics and Communication
vii. Geodetic
viii. Mechanical
ix. Metallurgical
x. Mining
xi. Naval Architecture and Marine
xii. Sanitary
b. Medicine and Allied Professions
i. Medicine
ii. Medical Technology
iii. Dentistry
iv. Midwifery
v. Nursing
vi. Nutrition and Dietetics
vii. Optometry
viii. Pharmacy
ix. Physical and Occupational Therapy
x. Radiologic and X-ray Technology
xi. Veterinary Medicine
c. Accountancy
d. Architecture
e. Criminology
f. Chemistry
g. Customs Brokerage
h. Environmental Planning
i. Forestry
j. Geology
k. Interior Design
l. Landscape Architecture
m. Law
n. Librarianship
o. Marine Deck Officers
p. Marine Engine Officers
q. Master Plumbing
r. Sugar Technology
s. Social Work
t. Teaching
u. Agriculture
v. Fisheries
(Art. XII, Sec. 14 of the Constitution; Sec. 1 of RA 5181)
3. Retail trade enterprises with paid-up capital of less than US$ 2,500,00 (Sec. 5 of RA 8762) 2
4. Cooperatives (Ch. III, Art. 26 of RA 6938)
5. Private Security Agencies (Sec. 4 of RA 5487)
6. Small-scale Mining (Sec. 3 of RA 7076)
7. Utilization of Marine Resources in archipelagic waters, territorial sea, and exclusive economic zone (Art. XII, Sec. 2 of the Constitution)
8. Ownership, operation and management of cockpits (Sec. 5 of PD 449)
9. Manufacture, repair, stockpiling and/or distribution of nuclear weapons (Art. II Sec. 8 of the Constitution) 3
10. Manufacture, repair, stockpiling and/or distribution of biological, chemical and radiological weapons and anti-personal mines (Various treaties to which the Philippines is a signatory and conventions supported by the Philippines) 3
11. Manufacture of firecrackers and other pyrotechnic devices (Sec. 5 of RA 7183)
Up to Twenty Percent (20%) Foreign Equity
12. Private radio communication network (RA 3846)
Up to Twenty-Five Percent (25%) Foreign Equity
13. Private recruitment, whether for local or overseas employment (Art. 27 of PD 442)
14. Contracts for the construction and repair of locally-funded public works (Sec. 1 of CA 541, LOI 630) except:
a. infrastructure/development projects covered in RA 7718; and
b. projects which are foreign funded or assisted and required to undergo international competitive bidding(Sec. 2(a) of RA 7718)
15. Contracts for construction of defense-related structure (Sec. 1 of CA 541)
Up to Thirty Percent (30%) Foreign Equity
16. Advertising (Art. XVI, Sec. 11 of the Constitution)
Up to Forty Percent (40%) Foreign Equity
17. Exploration, development and utilization of natural resources (Art. XII, Sec. 2 of the Constitution) 4
18. Ownership of Private Lands (Art. XII, Sec. 7 of the Constitution; Ch. 5, Sec. 22 of CA 141)
19. Operation and management of public utilities (Art. XII, Sec. 11 of the Constitution; Sec. 16 of CA 146)
20. Ownership/establishment and administration of educational institutions (Art. XIV, Sec. 4 of the Constitution)
21. Culture, production, milling, processing, trading excepting retailing, of rice and corn and acquiring, by barter, purchase or otherwise, rice and corn and the by-products thereof (Sec. 5 of PD 194; Sec. 15 of RA 5762) 5
22. Contracts for the supply of materials, goods and commodities to government-owned or controlled corporation, company, agency or municipal corporation (Sec. 1 of RA 5183)
23. Project Proponent and facility Operator of a BOT project requiring a public utilities franchise (Art. XII, Sec. 11 of the Constitution; Sec. 2a of RA 7718)
24. Operation of deep sea commercial fishing vessels (Sec. 27 of RA 8550)
25. Adjustment Companies (Sec. 323 of PD 612 as amended by PD 1814)
26. Ownership of condominium units where the common areas in the condominium projects are co-owned by the owners of the separate units or owned by a corporation (Sec. 5 pf RA 4726)
Up to Sixty Percent (60%) Foreign Equity
27. Financing companies regulated by the Securities and Exchange Commission (Sec. 6 of RA 5980 as amended by RA 8556) 6
28. Investment housed regulated by the SEC (Sec. 5 of PD 129 as amended by RA 8366) 6
1 This is limited to Filipino citizens save in cases prescribed by law
2 Full foreign participation is allowed for retail trade enterprises: (a) with paid-up capital of US$2,500,000 or more provided that investments for establishing a store is not less than US$830,000; or (b) specializing in high end or luxury products, provided that the paid-up capital per store is not less than US$250,000 (Sec. 5 of RA 9762)
3 Domestic investments are also prohibited (Art II, Sec. 8 of the Constitution; Conventions/Treaties to which the Philippines is a signatory)
4 Full foreign participation is allowed through financial or technical assistance agreement with the President Art. XII, Sec. 2 of the Constitution)
5 Full foreign participation is allowed provided that within the 30-year period from start of operation, the foreign investor shall divest a minimum of 60 percent of their equity to Filipino citizens (Sec. 5 of PD 194; NFA Council Resolution No. 193 s. 1998)
6No foreign national may be allowed to own stock in financing companies or investment houses unless the country of which he is a national accords the same reciprocal rights to Filipinos (Sec. 6 of RA 5980 as amended by RA 8556; PD 129 as amended by RA 8366)
5th Regular Foreign Investment Negative List
LIST B: FOREIGN OWNERSHIP IS LIMITED FOR REASON OF SECURITY, DEFENSE, RISK TO HEALTH AND MORALS AND PROTECTION OF SMALL- AND MEDIUM-SCALE ENTERPRISES
Up to (to Forty Percent (40 %) Foreign Equity
1. Manufacture, repair, storage and/or distribution of products and/or ingredients requiring Philippine National Police (PNP) clearance:
a. Firearms (handguns to shotguns), parts of firearms and ammunition therefor, instruments or implements used or intended to be used in the manufacture of firearms
b. Gunpowder
c. Dynamite
d. Blasting supplies
e. Ingredients used in making explosives:
i. Chlorates of potassium and sodium
ii. Nitrates of ammonium, potassium, sodium barium, copper (11), lead (11), calcium and cuprite
iii. Nitric acid
iv. Nitrocellulose
v. Perchlorates of ammonium, potassium and sodium
vi. Dinitrocellulose
vii. Glycerol
viii. Amorphous phosphorus
ix. Hydrogen peroxide
x. Strontium nitrate powder
xi. Toluene
f. Telescopic sight, sniper scope and other similar devices
| However, the manufacture or repair of these items may be authorized by the Chief of the PNP to non-Philippine nationals; Provided that a substantial percentage of output, as determined by the said agency, is exported. Provided further that the extent of foreign equity ownership allowed shall be specified in the said authority/clearance (RA 7042 as amended by RA 8179) |
2. Manufacture, repair, storage and/or distribution of products requiring Department of National Defense (DND) clearance;
a. Guns and ammunition for warfare
b. Military ordnance and parts thereof (e.g., torpedoes, depth charges, bombs, grenades, missiles)
c. Gunnery, bombing and fire control systems and components
d. Guided missiles/missile systems and components
e. Tactical aircraft (fixed and rotary -winged), parts and components thereof
f. Space vehicles and component systems
g. Combat vessels (air. land and naval) and auxiliaries
h. Weapons repair and maintenance equipment
i. Military communications equipment
j. Night vision equipment
k. Stimulated coherent radiation devices, components and accessories
l. Armament training devices
m. Others as may be determined by the Secretary of the DND
| However, the manufacture or repair of these items may be authorized by the Secretary of National Defense to non-Philippine nationals; Provided that a substantial percentage of output, as determined by the said agency, is exported. Provided further that the extent of foreign equity ownership allowed shall be specified in the said authority/clearance (RA 7042 as Amended by RA 8179). |
3. Manufacture and distribution of dangerous drugs (RA 7042 as amended by RA 8179)
4. Sauna and steam bathhouses, massage clinics and other like activities regulated by law because of risks posed to public health and morals (RA 7042 as amended by RA 8179)
5. All forms of gambling, e.g. race track operation (RA 7042 as amended by RA, 8179)
6. Domestic market enterprises with paid-in equity capital of less than the equivalent of US$200,000 (RA 7042 as amended by RA 8179)
7. Domestic market enterprises which involve advanced technology or employ at least fifty (50) direct employees with paid-in-equity capital of less than the equivalent of US$100,000 (RA 7042 as amended by RA 8179)
EXECUTIVE ORDER NO. 139
PROMULGATING THE
FIFTH REGULAR FOREIGN INVESTMENT NEGATIVE LIST
WHEREAS, Republic Act (RA) No. 7042, also known as the Foreign Investments Act of 1991, as amended by RA 8179, provides for the formulation of a Regular Foreign Investment Negative List covering investment areas/ activities which may be opened to foreign investors and/or reserved to Filipino nationals;
WHEREAS, the Regular Foreign Investment Negative List consisting of Lists A and B, is effective for two years pursuant to Section B of RA 7042 as amended and its Implementing Rules and Regulations;
WHEREAS, there is a need to formulate a Fifth Regular Foreign Investment Negative List to reflect changes to List A and B provided in new laws and recommended by concerned government agencies;
NOW, THEREFORE, I, GLORIA MACAPAGAL ARROYO, President of the Republic of the Philippines, by virtue of the powers vested in me by Law, do hereby order:
SECTION 1. Only the investment areas and/or activities listed in Annex A hereof shall be reserved to Philippine nationals, and hereafter shall be referred to as the Fifth Regular Foreign Investment Negative List. The extent of foreign equity participation in these areas shall be limited to the percentages indicated in the List.
SECTION 2. Any amendment to List A may be made at any time to reflect changes instituted in specific laws while amendments to List B shall not be made more often than once every two years, pursuant to Section 8 RA 7042 as amended, and its Implementing Rules and Regulations.
SECTION 3. All orders, issuances, rules and regulations or parts thereof, which are inconsistent with this Order are hereby revoked or modified accordingly.
SECTION 4. This order shall take effect fifteen (15) days after publication.
Done in the City of Manila, this 22nd day of October, in the year of our Lord, Two Thousand and Two.
By the President:
(Sgd) ALBERTO G. ROMULO
Executive Secretary
(end)
| Dual Citizenship v. Dual Allegiance; SC decisions “Dual citizenship is different from dual allegiance. The former arises when, as a result of the concurrent application of the different laws of two or more states, a person is simultaneously considered a national by the said states. For instance, such a situation may arise when a person whose parents are citizens of a state which adheres to the principle of jus sanguinis is born in a state which follows the doctrine of jus soli. Such a person, ipso facto and without any voluntary act on his part, is concurrently considered a citizen of both states. “Considering the citizenship clause (Art. IV) of our Constitution, it is possible for the following classes of citizens of the Philippines to possess dual citizenship: (1) Those born of Filipino fathers and/or mothers in foreign countries which follow the principle of jus soli; (2) Those born in the Philippines of Filipino mothers and alien fathers if by the laws of their fathers’ country such children are citizens of that country; (3) Those who marry aliens if by the laws of the latter’s country the former are considered citizens, unless by their act or omission they are deemed to have renounced Philippine citizenship. Dual allegiance, on the other hand, refers to the situation in which a person simultaneously owes, by some positive act, loyalty to two or more states. While dual citizenship is involuntary, dual allegiance is the result of an individual’s volition. In including Sec. 5 in Article IV on citizenship, the concern of the Constitutional Commission was not with dual citizens per se but with naturalized citizens who maintain their allegiance to their countries of origin even after their naturalization. Hence, the phrase “dual citizenship” in R.A. 7160, Sec. 40 (d), and in R.A. No. 7854, Sec. 20, must be understood as referring to “dual allegiance”. Consequently, persons with mere dual citizenship do not fall under this disqualification. Unlike those with dual allegiance, who must, therefore, be subject to strict process with respect to the termination of their status, for candidates with dual citizenship, it should suffice if, upon the filing of their certificates of candidacy, they elect Philippine citizenship to terminate their status as person with dual citizenship considering that their condition is the unavoidable consequence of conflicting laws of different states.” (Mercado v. Manzano, 307 SCRA 630 [1999]). (end) A Study on Dual Citizenship in the Philippines By: Ronaldo P. Ledesma I. Introduction Dual Citizenship is not an unfamiliar concept. Generally, it is the passive acquisition of double or multiple citizenships via the operation of generally accepted principles of citizenship. It arises when, as a result of the concurrent application of the different laws of two or more states, a person is simultaneously considered a national by the said states.1 Otherwise stated, it takes place when more than one country recognizes a person as its citizen. Such a person ipso facto and without any voluntary act on his part, is concurrently considered a citizen of both states. 2 There are three possible classes of Philippine citizens, who may possess dual citizenship: (i) Those born of Filipino fathers and/or mothers in foreign countries which follow the principle of jus soli; (ii) Those born in the Philippines of Filipino mothers and alien fathers, if by the laws of their father’s country such children are citizens of that country; and (iii) Those who marry aliens if by the laws of the latter’s country the former are considered citizens, unless by their act or omission they are deemed to have renounced Philippine citizenship.3 II. Procedures to address confirm dual citizenship Those who are under the preceding classes of dual citizens may avail themselves of administrative proceedings, for the purpose of confirming their Philippine citizenship. These procedures are ; (i) Recognition proceedings through the Bureau of Immigration and the Department of Justice or (ii) Repatriation of Philippine citizenship under R.A. No. 9225 (also known as The Citizenship Retention and/or Re-acquisition Act of 2003). There is however another but yet unresolved administrative procedure by which dual citizenship may also be bestowed, e.g., by securing a Philippine passport through contemporaneous construction by the Secretary of Foreign Affairs of the relevant provisions of R.A. No. 8239 (also known as the Philippine Passport Act of 1996). III. Confirmation of Dual Citizenship via Recognition Proceedings At present, the Bureau of Immigration evaluates petitions for dual citizenship though recognition proceedings. Such proceedings require the submission and evaluation of the following: (i) Petition/letter-request from the applicant or the parents, if the applicant is a minor; (ii) Copy of the applicant’s and parents’ birth certificates duly-authenticated by the National Statistics Office (NSO) and Office of the Civil Registrar General (OCRG), if born in the Philippines; (iii) Copy of the applicant’s and parents records of birth duly authenticated by the Philippine Foreign Post (PFP), if born abroad; (iv) Copy of parents’ marriage certificate duly-authenticated by the (NSO and OCRG, if married in the Philippines; (v) Copy of the parents’ marriage certificate duly-authenticated by the PFP, if married abroad; (vi) Copies of the applicant’s and parent passports; (vii) Affidavit of citizenship of the parent/parents and (viii) Such other proofs of Philippine citizenship of the parents at the time of applicant’s birth.4 The Secretary of Justice reviews and confirms the findings and recommendations of the Bureau of Immigration.5 Thereafter, the secretary of Justice re-endorses the petition to the Commissioner of Immigration for the IV. Confirmation of Dual Citizenship via Repatriation Proceedings Philippine citizenship under R.A. No. 9225 (On 29 August 2003, President Arroyo signed Republic Act (R.A.) No. 9225 entitled Citizenship Retention and Re-acquisition Act of 2003. It allowed former natural-born Philippine citizens, who lost Philippine citizenship though alien naturalization proceedings, to retain and re-acquire Philippine citizenship in a proceeding before the Bureau of Immigration (BI) or a Philippine Foreign Post (PFP). [Although R.A. No. 9225 took effect on 17 September 2003, it did not indicate the administrative body to implement its provisions. Thus on 12 January 2004, President Arroyo issued Administrative Order No. 91 designating the BI as the government agency to implement R.A. No. 9225, in consultation with the Department of Justice (DOJ), Department of Foreign Affairs (DFA) and Office of the Civil Registrar General (OCRG) and National Statistics Office (NSO). [On 10 March 2004, the DOJ-DFA-OCRG-BSO-BI committee submitted to the Commissioner of Immigration a draft entitled Rules Governing Philippine Citizenship under Republic Act (R.A.) No. 9225 and Administrative Order (A.O.) No. 91 series of 2004. On the same date, the Commissioner of Immigration approved it for implementation as BI Memorandum Circular (M.C.) N. AFF-04-01. [On 23 March 2004, the Commissioner of Immigration created the BI Task Force on the Citizenship Retention and Re-acquisition Act of 2003 to implement R.A. No. 9225 xxx]7 Under the original implementing rules of R.A. No. 9225, a natural-born Philippine citizen, who became a citizen of another country, may repatriate Philippine citizenship in either of two (2) venues. If the applicant is in the Philippines, he or she submits, upon payment of an application fee, to the Bureau of Immigration a carefully accomplished Application Form, a verified Petition for Repatriation and/or Cancellation of Alien Certificate of Registration together with a signed Oath of Allegiance, OCRG authenticated copies of his or her birth certificate or duly-authenticated Record of Birth issued by the PFP, as the case may be, and in applicable cases, any official birth certificate issued by competent foreign authorities and a written request for repatriation of Philippine citizenship under R.A. No. 9225. In addition, the applicant shall attach copies of his or her alien passport, Certificate of naturalization, Alien Certificate of Registration and Immigrant Certificate of Residence, and two (2) legal-sized self-addressed stamped envelopes. If the applicant is abroad, he or she submits, upon payment of an application fee, to the Consul-General or duly-commissioned Foreign Service Office of nearest PFP a verified Petition for Repatriation, together with a signed Oath of Allegiance, his or her duly authenticated Record of Birth issued by the PFP, and in applicable cases, any official birth certificate issued by competent foreign authorities, and a written request for repatriation of Philippine citizenship under R.A. No. 9225. In addition, the applicant shall attach copies of his or her alien passport and two (2) legal sized self -addressed stamped envelopes.8 The procedures under R.A. No. 9225 have recently been modified. Under new rules old Philippine passports, Voter’s affidavit, Voter’s identification card, marriage contract or any document indicating natural-born Philippine citizenship may be accepted to corroborate natural born citizenship. Fees remitted at the PFP have also been reduced in half. And PFP’s may now receive applications and issue the corresponding Identification Certificate Indicating Philippine citizenship under R.A. No. 9225.9 Although the Oath of Allegiance confers Philippine citizenship, the implementing rules require the BI to issue an Identification Certificate indicating repatriation of Philippine citizenship under R.A No. 9225. IV. Dual citizenship via Philippine Passport under R.A. No. 8239 Many will recall the incident involving several alien professional basketball athletes, who secures Identification Certificates from the BI as a result of confirmation of their respective Orders of Recognition by the Secretary of Justice. Upon investigation by a Senate committee, a report recommended the deportation of these athletes. Thereafter, the Secretary of Justice ordered the cancellation of the athletes’ Identification Certificates and ordered the athletes’ summary deportation. Most of the athletes however secured Philippine summary deportation. Most of the athletes however secures Philippine passports under R.A. No. 8239 prior to the cancellation of their Identification. Unknown to the members of the Senate committee and the Department of Justice, R.A. No. 8239 imparted many significant characteristics on a Philippine passport. Thus: (i) It is a document issued by the Philippine Government to its citizens;10 (ii) Only citizens of the Philippines may be issued a Philippine passport; 11 (iii) As an official document, it is not issued to an applicant unless the Secretary of Foreign Affairs or his duly authorized representative is satisfied that the applicant is a Filipino citizen;12 (iv) Although issued for travel purposes, only a Philippine citizen may be issued a Philippine passport;13 (v) As a proclamation of Philippine citizenship, it is a document that is superior to all other official documents; 14 and (vi) Its restriction of use, withdrawal or cancellation by the Secretary of Foreign Affairs shall not mean a loss or doubt on the person’s citizenship. 15 Notwithstanding the cancellation of their Identification Certificates, it thus appears that these alien professional athletes are also Philippine citizens by reason of Philippine passports issued to them considering that: (i) These official documents expressly reserved by law for Philippine citizens; (ii) Philippine passports are superior to all other official documents; (iv) The cancellation or withdrawal of these official documents by the Secretary of Foreign Affairs does not lead to a loss nor does it create dubitable on Philippine citizenship; (v) The issuance of these official documents by the Secretary of Foreign Affairs constitutes contemporaneous construction of R.A. No. 8239 owing to this expertise on, and familiarity with, the policies relating to the subject , which incidentally is entitled to great respect.16 (vi) Cancellation of withdrawal of a Philippine passport is not one of the recognized modes of losing Philippine citizenship;17 (vii) A Philippine passport is acknowledged as an official document of identity; and (viii) Unless otherwise declared with finality by the Supreme Court in an appropriate proceeding, these official documents allow for a plausible claim to Philippine citizenship.18 VI. Questions Concerning Recognition Proceedings and Repatriation under R.A. No. 9225 1. Inconclusive Conferment of Philippine Citizenship – It will be observed that dual citizenship in Philippine jurisdiction is conferred mainly by administrative bodies, e.g, Secretary of Justice and the Philippine Consul-General or his duly authorized representative.19 VII Observation on Repatriation via R.A. No. 9225 1. Ineffective Oath of Allegiance – Prior to R.A. No. 9225, Philippine citizenship repatriation laws required the applicant to unequivocally relinquish allegiance to an alien state or sovereign. 2. Under Commonwealth Act (C.A.) No. 63, an applicant positively declared before a magistrate of the then Court of First Instance (CFI): I, (name of the applicant), solemnly swear that I renounce absolutely and forever all allegiance and fidelity to any foreign prince, potentate, state, or sovereignty, and particularly to (name of foreign prince, potentate, state, or sovereignty) of which at the time I am a subject; that I will support and defend the Constitution of the Philippines and that I will obey the laws, legal orders and decrees promulgated by the duly constituted authorities of the Commonwealth of the Philippines and I hereby declare that I recognized and shall accept the supreme authority of the United States of America in the Philippines, and will maintain true faith and allegiance thereto; and I impose this obligation upon myself voluntarily without mental reservation or purpose of evasion. (Italics provided)[i] Under President Decree (P.D.) No. 725, an applicant swore or affirmed before the Special Committee on Naturalization (SCN): I (name of the applicant), solemnly swear (or affirm) that I renounce absolutely and forever al allegiance and fidelity to any foreign prince, potentate, state, or sovereignty and particularly to It is clear that C.A. No. 63, P.D. 725 and R.A. 8171 require that the repatriate categorically renounce absolutely and forever all allegiance and fidelity to any foreign prince, potentate, state, or sovereignty of which at the time he or she was a subject. Further, the repatriate expressly recognizes and accepts the supreme authority of the Republic of the Philippines. Under R.A. No. 9225, the applicant pledged a standard oath of allegiance before the Commissioner of Immigration or a PFP, to wit: I, (name of applicant), 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 will maintain true faith and allegiance thereto, and that I impose this obligation upon myself without mental reservation or purpose of evasion. But R.A. No. 9225 also provides for two other special oaths of allegiance: (i) If the repatriate later runs for elective office , he or she must make a personal and sworn renunciation of any and all foreign citizenship[ii]; and (ii) If the repatriate is appointed to public office, he or she shall swear to an oath of allegiance to the Republic of the Philippines and its duly constituted authorities before assuming office and renounce their oath of allegiance to the country where (he or she) took oath.[iii] In the case of an ordinary repatriate, he or she does not categorically renounce absolutely and forever all allegiance and fidelity to any foreign prince, potentate, state, or sovereignty of which at the time he or she was a subject. There is also no express declaration that the repatriate recognizes and accepts the supreme authority of the Republic of the Philippines. For a repatriate seeking elective office, who must renounce foreign citizenship, there is still no clear-cut expatriation of allegiance and fidelity to any foreign prince, potentate, state, or sovereignty of which at the time he or she was a subject. And there is no express declaration that he or she recognizes and accepts the supreme authority of the Republic of the Philippines. In both instances, the renunciation of alien allegiance is ambiguous or reserved. Such is not the case for a repatriate who is appointed to public office because: (i) The repatriate makes clear his allegiance to the Republic of the Philippines and its constituted authorities and (ii) There is an unequivocal renunciation of a prior existing alien allegiance. In this case, the relinquishment of allegiance to an alien authority is manifest and apparently complete. R.A. No. 9225 does not fully clarify these distinctions. No explanation is made for differing oaths of allegiance to three types of repatriates under R.A. No. 9225. 2. Lack of Disqualifications - Before R.A. No. 9225, Philippine citizenship repatriation laws required an applicant to prove his or her eligibility. Very often the State determined eligibility through a set of disqualifications. These disqualifications effectively prevented the repatriation of an applicant, who in the future might pose a risk to the general welfare. Under C.A. No. 63, the applicants proved before the then CFI that they conducted themselves in a proper and irreproachable manner during the entire period of their residence in the Philippines, in their relations with the constituted government as well as the community in which they are living.[iv] Under P.D. 725, the applicant established, among others, that he or she did not commit any act of treason or disloyalty to the Philippines.[v] Under R.A. 8171, the applicant proved before the SCN that: (i) (He or she) is not opposed to organized government or affiliated with any association or group of persons who uphold and teach doctrines opposing organized government; (ii) (He or she does not defend or teach) the necessity or propriety of violence, personal assault, or assassination for the predominance of (his or her) ideas; (iii) (He or she has not been) convicted of crimes involving moral turpitude; or (iv) (He or she is not) suffering from mental alienation or incurable contagious disease.[vi] Unlike its predecessors, R.A. No. 9225 does not afford any similar safeguards against applicant who can or might compromise public health, public safety, public morals or the national interest. And for want of these restrictive features, R.A. No. 9225 easily allows former natural-born Philippine citizens who may be active terrorist, dangerous fugitives, notorious war criminals, even political and economic subversives to repatriate their Philippine citizenship. Worse, these individuals can also evade prosecution by international law enforcement agencies by casually repatriating their Philippine citizenship under R.A. No. 9225. 3. No Renunciation of Alien Citizenship and Alien Allegiance – R.A. No. 9225 cannot control international law. A repatriate can still retain alien allegiance despite professing true faith and allegiance to the Philippines under R.A. No. 9225. For example, U.S. citizenship laws provide that a routine oath of allegiance to an alien state does not ipso facto result in the loss of U.S. citizenship. When a routine oath of allegiance is taken, it does not affect a legal presumption to retain U.S. citizenship. Aside from the oath, proof must be presented showing a clear intent to relinquish U.S. citizenship. This is done overseas before a U.S. consular officer, whose findings are reviewed by the U.S. State Department. If the State Department concurs, only then is U.S. citizenship lost.[vii] But the oath of allegiance under R.A. No. 9225 alone does nit expressly relinquish U.S. citizenship, because: (i) There are not words that recognize Philippine sovereignty; (ii) There is no statement that accepts the supreme authority of the Philippines and (iii) Nothing in the oath categorically abandons U.S. allegiance. In the effect, R.A. No. 9225 allows a repatriate to persevere his or her allegiance to U.S. sovereignty. As a consequence, the repatriate practically enjoys the political status of being a natural-born citizen the Republic of the Philippines[viii] and maintains U.S. citizenship, at the same time. 4. Unconstitutionality – Not too long ago, our Supreme Court stressed that: x x x (A) citizen of the Philippines must take pride in his status as such and cherish this priceless gift that, out of more than a hundred other nationalities, God has seen fit to grant him. Having been endowed, he must not lightly yield this precious advantage, rejecting it for another land that may offer him material and other attractions that he may not find in his own country. To be sure, he has the right to renounce the Philippines if he sees fit and transfer his allegiance to a state with more allurements for him. But having done so, he cannot expect to be welcomed back with open arms once his taste for his adopted country turns sour or he is himself disowned by it as an undesirable alien. Philippine citizenship is not a cheap commodity that can be easily recovered after its renunciation. It may be restored only after the returning renegade makes a normal act of re-dedication to the country he has adjured and he solemnly affirms once again his total and exclusive loyalty to the Republic of the Philippines…(Italics provided)[ix] Sadly, this pronouncement no longer holds. There is no real pride to speak of for repatriated Philippine citizenship under R.A. No. 9225. The superficial re-dedication of loyalty under R.A. No. 9225 by a returning renegade, who still maintains fealty to an alien sovereign, is with due respect a farce. At the very lease, the repatriation of Philippine citizenship under R.A. No. 9225 is an accursed artifice, a subterfuge encapsulated with profound suspicion and a handy cloak for mock membership in a body politic. Our fundamental law is clear. The 1987 Constitution, Article IV Section 5 provides: Dual allegiance of citizens is inimical to the national interest and shall be dealt with by law. It does not compromise with dual allegiance. It loathes dual allegiance, as being hostile to the national interest. And its distaste for dual allegiance goes one step further. It directs Congress to enact laws that are against the preservation of dual allegiance. In R.A. No. 9225, however, the Philippine Congress does not share in the constitutional revulsion toward dual allegiance. It rejects the inimical character of dual allegiance outright, and restores Philippines citizenship with ease, even if unqualified fealty to the Republic of the Philippines is absolutely wanting.[x] 5. Adverse Effects of Unconstitutionality – Until its final declaration as unconstitutional in an appropriate proceeding, R.A. No. 9225 is an operative fact. It bestows rights and privileges upon the repatriate, particularly the acquisition of real properties and mass media franchises, participating in local and national elections and serving appointive government positions. A successful challenge on the legality of R.A. No. 9225 may however pose serious problems for the repatriate concerned. Would it mean the forfeiture of the real properties purchased by the repatriate? Would it result in the loss of both elective and appointive positions in government? Would it lead to the confiscation of mass media facilities obtained by the repatriate? Would fail-safe provisions in case of a declaration of nullity, it appears that R.A. No. 9225 might be more of a curse that a godsend for the repatriate. VIII. Conclusion Dual citizenship is a reality of international law. At times it will continue to prevail over domestic legislation, which has noticeably addressed it with very limited success, unless perhaps it can be re-formulated as a new political and/or ethnic concept by the world order under a different, if not very radical, perspective. Until such time, however, dual citizenship and its legal and unwanted ramifications will endure – in both congressional debates and informal but tempestuous tea-cup discussions. |
