“ A person born in the United States with one parent or with both parent(s) no longer Philippine citizen(s) at time of birth is not a Philippine citizen at birth.”
UNDER the 14th Amendment to the Constitution of the United States, “all persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside.”
US citizen by birth
So, the United States awards citizenship by being born and by being naturalized in this country. No more, no less. Indeed the 14th Amendment further states that: “No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States….”
Philippine citizen by blood
Under the 1935 Philippine Constitution, Article IV, Section 1, the following are citizens of the Philippine: (3) “those whose fathers are citizens of the Philippines. And (4) “Those whose mothers are citizens of the Philippines and, upon reaching the age of majority, elect Philippine citizenship.”
Under the 1971 Philippine Constitution, Article III, Section 1, the following are citizens of the Philippines: “(2) Those whose fathers or mothers are citizens of the Philippines.”
And under the current 1987 Philippine Constitution, Article IV, Section 1, the following are citizens of the Philippines: “(2) Those whose fathers or mothers are citizens of the Philippines.” And “(3) Those born before January 17, 1973, of Filipino mothers, who elect Philippine citizenship upon reaching the age of majority.”
Dual citizenship
So, a person born in the United States is a US citizen by birth. And if at the time of birth, that person’s father or mother (or both) were citizens of the Philippines, he or she is also a natural-born Philippine citizen from birth, or by election upon reaching age of majority, as stated under the 1987 Philippine Constitution.
The Philippine Government requires that a notarized Report of Birth of a child born abroad of Filipino parent(s) be executed by a parent, physician, or nurse and filed with the Department of Foreign Affairs or Civil Registry of the Philippine Consulate abroad.
And a notarized Affidavit For Delayed Registration of Birth is likewise executed by the child, if 18 years old or over, a father, mother, or guardian, and filed with the Department of Foreign Affairs, or the Civil Registry of the Philippines Consult abroad.
The child or person born in the United States of a Filipino parent is a Philippine citizen from birth. The registration of birth is required for the issuance of a Philippine passport. And the child of that child or person is also a Philippine citizen in perpetuity for the following generations.
Natural-born citizens
Moreover, under Article IV, Section 2, of the 1987 Philippine Constitution, these children born abroad are “natural-born citizens” because they are “citizens of the Philippines from birth without having to perform any act to acquire or perfect their Philippine citizenship.” And even “those who elect Philippine citizenship upon reaching the age of majority” are also “natural-born citizens”, under Section 2 of Article IV thereof.
So, those persons born in the United States or elsewhere of Filipino parent can run for President of the Philippines as natural-born citizen, provided they are: “a registered voter, able to read and write, at least 40 years of age of the day of the election, and a resident of the Philippines for at least 10 years immediately preceding such election, “under Article VII, Section 2, of the 1987 Philippine Constitution.
Born in US but not Philippine citizen
A person born in the United States with one parent or with both parent(s) no longer Philippine citizen(s) at time of birth is not a Philippine citizen at birth.
In this scenario, a Filipina mother had lost her Philippine citizenship when she became a naturalized US citizen. She gave birth to a daughter in Michigan, with a white, US citizen father. The daughter is not a Philippine citizen.
She may obtain Philippine citizenship by naturalization under Commonwealth Act No. 475, which requires ten year of continuous residence in the Philippines, reduced to 5 years with certain qualifications, among other requirements.
Retention /re-acquisition of Philippine citizenship
On August 29, 2003, the Philippines enacted Republic Act No. 9225, The Philippine Citizenship and Re-acquisition Act, Section 3 thereof, which allows: (1) natural-born Philippine citizens who, after the effectively of this Act, become citizens of a foreign country to retain their Philippine citizenship; and (2) natural born Philippine citizens who have lost their Philippine citizenship by reason of their naturalization as citizens of a foreign country to re-acquire Philippine citizenship.
This is simply done by taking the oath of allegiance to the Republic of the Philippines before a Philippine Consul.
Moreover, under Section 4 of Republic Act No. 9225, “the unmarried child, whether legitimate, illegitimate or adopted, below 18 years old, of those who re-acquire Philippine citizenship upon effectively of this Act shall be deemed citizens of the Philippines.”
So, by derivative citizenship from their parents, who were natural-born Philippine citizens, but lost their citizenship, and then re-acquired Philippine citizenship, children below 18 years old at the time of the re-acquisition are deemed natural-born citizens of the Philippines.
This is motivation enough to become a dual Philippine/United States citizen.
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The Author, Roman P. Mosqueda, has published several articled on the Philippine Constitution and Philippine citizenship. Send comments/inquires to [email protected], or call (213) 252-9481 for free consultation appointment, or visit his website at www.mosquedalaw.com and EzineArticles.com to read his other articles.
My situation is the opposite. My mom became a U.S. citizen thru naturalization before a was born and my dad was a filipino citizen, but became U.S. citizen when I turned 14 yrs of age. I was born before 1970 in the Philippines, but have a U.S. birth certificate. My question is, since I was born in the Philippines, am I a dual citizen by birth? Thanks in advanced.
If you were born in the Philippines then you must must have a Philippine birth certificate. That US birth certificate you said might be CRBA or certified record of birth abroad, a petition filed by one US citizen parent. Your dad was still a Filipino citizen at the time of your birth so you are also a Filipino citizen.
I’ planning to retire in a couple of years in the country where i was born philippines.I’m 60 yrs. old now, i came here in united state of america 1988 and become a naturaliuze us citizen 1993.My question is Do i qualified for dual citizenship, since i was born in the philippines.
thanks
titos
I have a cousin who was born in Saipan, Guam in January 30, 2007 with both Filipino parents (OFW). She was sent in the Philippines by her mother 7 months after her birth. And since then, my cousin did not return to Saipan anymore. She is now 19 years old and want to apply for dual citizenship so she can work here in the Philippines. How can she apply? What are the requirements? Appreciate if you can give an advise.
I was born in the United States. My mother is a US citizen and my dad was born in the Philippines but obtained US citizenship through naturalization. I am not sure if he lost his Filipino citizenship when he was naturalized though. Should he re apply for citizenship so that I can be a dual citizen? He has a Filipino birth certificate. How do I apply for dual citizenship and what do I need. I read the website but I am still confused.
Sam if your mother and Father where no longer a Filipino citizen at the exact time and day of your birth you are not a Filipino Citizen.
When your Father was naturalized he automatically loss his filipino citinzenship unless he reacquaired them and apply for dual citizenship, the question is did he naturalized before your birth if that the case you are not a filipino citizen also if he is already natiralized and did not reacquire his filipino citizenship during the time you where born then you are also not a filipino citizen.
You can be considered a filipino citizen if your born abroad if atleast one of your parents or both are filipino citizen at the time of your birth. And if atleast one of them is a filipino citizen they should file a report of birth for you on the philippine embassy or if they did not file a late report of birth on the embassy should be filed. That report of birth will be required so that you can acquire a Philippine Passport.
If you are considered not a citizen of the Philippines You can apply to be naturalize filipino citizen but will have some requirements like living in the Philippines for 10yrs and some more requirements.
Dont just take my word for it do your own research.
I was born and raised in the Philippines. My mother was Filipina and my father, American and now I would like to apply for duality and live there part-time, but RA 9225 only mentions retaining or re-acquiring Philippine citizenship. I was a natural-born American, so I never ‘lost’ or ‘gave up’ being a Filipino.
I did, however, read that the 1971 Constitution recognizes anyone born of a Filipino parent on Philippine soil a Filipino.
I take this as a qualification for duality. Yes? No? I’ve already sent email to several individuals at the consulates here in the US but thought someone might get to me faster 🙂
Thanks for any feedback.
Do I have to apply for dual citizenship if both of my parents are still Filipino when I was born? I am 49yrs old now.
If needed to apply what forms or documents do I have to show to be considered for dual citizenship?
Thanks