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DUAL CITIZENSHIP MEMO
Republic of the Philippines
Department of Justice
BUREAU OF IMMIGRATION
Intramuros, Manila
March 10, 2004
MEMORANDUM CIRCULAR NO. AFP-04-01
RULES GOVERNING PHILIPPINE CITIZENSHIP UNDER
REPUBLIC ACT (R.A.) 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 provided
therein;
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 a BI-registered 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 be forward the entire records to the Commissioner
of Immigration for the cancellation of Alien Certificate of Registration
(ACR) and issuance of an IC under R.A. No. 9225.
Section 4. Former natural-born Philippine citizen already in the
Philippines an 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 citizen
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 Sections 2 to 5 hereof, the applicant must indicate his or her
latest forwarding address. Three (3) recent 2” x 2” 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 ?2,500.00 as proof of payment of processing
fee. Applicants who are abroad shall attach 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 applicants
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 the 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 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 the 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 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 final act that confers Philippine citizenship.
In case the applicant is in the Philippines, he may take his Oath
of Allegiance before the Commissioner of Immigration or any officer
authorized under existing laws to administrator oath. In the later
case, the applicant must submit the Oath of Allegiance to the BI to
form part of his records.
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 the 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 or 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 or 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 the 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 applicant.
Section 18. Effectivity. – This memorandum circular takes
effect fifteen (15) days after its publication in two (2) newspapers
and of general circulation.
ALIPIO F. FERNANDEZ, JR.
Commissioner
APPROVED:
MA. MERCEDITAS N. GUTIERREZ
Acting Secretary
Department of Justice
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