Filipinos who re-acquire Filipino citizenship under the Republic Act No. 9225 can fully exercise civil, economic and political rights, as well as accept liabilities and/or responsibilities as Filipino citizens provided in the existing laws of the Philippines.
RIGHTS OF DUAL CITIZENS
- Right to own land and other properties.
As stated in the 1987 Constitution of the Philippines, a Filipino citizen is entitled to purchase land and other properties. There is no limit in terms of area or size of land or real property he can acquire/purchase under his name. This right also applies to Filipinos with dual citizens under R.A. 9225.
- Right to engage in business or commerce as a Filipino citizen.
- Right to practice one’s profession.
A person who has re-acquired Filipino citizenship can practice his profession in the Philippines, provided that he applies for a license or permit at the Professional Regulation Commission or Supreme Court (for lawyers) prior to the employment.
- Right to acquire a Filipino passport.
A Filipino dual citizen and his minor children who acquired Filipino citizenship through RA 9225 can obtain Filipino passports.
- Right to vote in Philippine elections.
A Filipino who has re-acquired his citizenship can vote in the Philippines provided that he complies with the requirements stated in 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.
However, if he is living abroad, he can only vote for national elections, which include the Presidential, Vice-Presidential, Senatorial and Congressional elections as stated in the Overseas Absentee Voting Act of 2003.
He does not need to establish his residency to exercise this right (as stated in the Supreme Court Ruling of 2006).
- Right to hold public office
A person holding dual citizenship can exercise the right to vote or be elected or be appointed to any public office in the Philippines provided that he swears an oath of allegiance to the Republic of the Philippines and that he renounced his allegiance to his foreign country prior to the assumption of office. This right, however, 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.
On the other hand, a dual citizen who is seeking elective office must meet the qualifications required by the Philippine Constitution and its existing laws at the time of the filing of the certificate of candidacy. He must make a personal and sworn renunciation of any and/or all foreign citizenship he has before an authorised public officer who will administer the oath.
- Other rights and privileges enjoyed by Filipino citizens
TAXATION FOR DUAL CITIZENS
The Republic Act No. 8424 (Tax Reform Act of 1997) states that only incomes derived from the Philippines are subject to taxation by the Philippine government.
Filipinos who re-acquire citizenship and choose to reside and work in the Philippines must pay the income tax due at the end of each fiscal year. Other taxes, like community and residence must also be paid in the country.
However, dual citizens who receive income in the Philippines and abroad are not subject to pay double income tax. According to the treaty signed by 34 foreign countries including USA, Australia, United Kingdom, France, Korea, Japan, Italy, New Zealand, Spain with the Philippines in 1976, taxes paid in the Philippines can be credited in the member country (e.g. USA) and vice versa. This aimed to avoid double taxation for Filipinos who receive income from foreign countries and for foreign citizens who receive income from the Philippines.
Dual citizens, Filipino citizens, OFW and their dependents that are permanently living abroad are exempted of the travel tax.
DUAL CITIZEN WITH FOREIGN SPOUSE
The foreign spouse does not automatically acquire the citizenship of the Filipino spouse who just re-acquired Filipino Citizenship. However, if he wishes to reside permanently in the Philippines, he can either (a) apply for naturalization or (b) apply for a permanent resident visa.
DUAL CITIZEN WITH FOREIGN CHILDREN
According to Section 4 (Derivative Citizenship) of the RA 9225, the unmarried children, whether legitimate, illegitimate or adopted below 18 years old, of those dual citizens under this Act, shall be considered citizens of the Philippines and are entitled to the rights and privileges of Filipino citizens. However, a married, minor child cannot be included in the petition of his parent.
Children aged 18 years and over are not qualified to acquire Filipino citizenship. However, they have the same privileges as that of foreign spouses if entering the Philippines.
DUAL CITIZEN TRAVELLING WITH FOREIGN FAMILY
According to the Republic Act 9174 known as the Balikbayan Law, a foreign spouse and children who are traveling to the Philippines with the dual citizen holder do not need visa to enter and stay in the country because they are entitled to a visa-free entry valid for one year.
DUAL CITIZENSHIP AND PERMANENT RESIDENCY
Filipinos who re-acquired Filipino citizenship can reside in the Philippines indefinitely without securing entry visas. If the foreign spouse and/or child wish to reside permanently in the Philippines, they can apply for naturalisation or obtain a permanent resident visa.
If he do not wish to live permanently in the Philippines, he could enter the country as a Balikbayan (refers to a Filipino citizen who is out of the country continuously for at least one year). The accompanying foreign spouse and/or child may enter the country and stay for a year without a visa, provided they are traveling with the “Balikbayan”.
Residency in the Philippines is not a requirement for those who re-acquired Filipino citizenship.