Dual citizenship by birth

There is another form of obtaining dual citizenship.
That is by birth.
Different countries follow different rules in acquiring citizenship upon birth.
There are countries like the Philippines that follow citizenship by blood.
Technically this is called the jus sangguini rule.
The child citizenship follows the citizenship of his or her parents.
If one is born of a Filipino father or mother, than the child is a Filipino.
Other countries like the United States, Canada, Argentina, Brazil follow the rule of birth within their geographical boundaries.
If on is born within U.S. soil, the child is a citizenship of the United States.
This is technically called the jus soli rule.
If a child of Filipino parents (whose country follows the jus sangguini rule) is born in the United States (a country that follows the jus soli rule), then the child obtains dual citizenship at birth.
The child is a Filipino citizen because his parents are Filipino citizens.
At the same time, the child is s U.S. citizen because the child is born inside the U.S. territory.
This type of dual citizenship is different from that obtained via the law on re-acquisition and retention of Philippine citizenship under republic Act 9225.
Those covered under Republic Act 9225 are those natural born Filipinos who loose their Philippine citizenship by obtaining a foreign citizenship, and then wish to re-acquire Philippine citizenship.
Duel citizenship by birth is a circumstance that happens upon birth and the child did not perform any act or ceremony to obtain such dual citizenship.
There will be legal differences and effects between dual citizens by birth, and dual citizens through re-acquisition.
One difference is that one who obtains dual citizenship by birth is a natural born U.S. citizen.
Dual citizenship through naturalization does not produce a natural born citizen.
Theoretically, one can run for U.S. or Philippine president, while the other cannot.
One who obtains dual citizenship by birth needs only to initiate recognition proceedings in the Bureau of Immigration.
Dual citizens by re-acquisition have to undergo a process required by law, such as the taking of an oath of allegiance.
A dual citizen by birth can automatically procure two passports, a U.S. and a Philippine passport.
A dual citizen through naturalization has to undergo the processes of naturalization before being able to procure two passports.

Dual citizenship by re-acquisition

There is a law that grants two citizenships to Filipinos.
Republic Act No. 9225 allows the retention and re-acquisition of Filipino citizenship.
This law is applicable to one form of dual citizenship.
The dual citizenship circumstance to which this law applies, covers natural born Filipinos who loose their Philippine citizenship.
Millions of natural-born Filipinos have gone abroad to seek greener pastures.
Along the way, while living and earning abroad, they lost their Filipino citizenship and have, for practical purposes, obtained the citizenship of their adopted country
Upon their retirement and return to the Philippines, they suddenly realize they are foreigners in their own homeland.
They meet the reality of being a “non-Filipino”.
R.A. 9225 fixes this anomaly by allowing “former” Filipinos to re-acquire or retain their Filipino citizenship.
It is easy--- a do-it-yourself affair.
The former Filipino just needs to file a petition for re-acquisition.
This is a form one can obtain easily in the internet, either from the website of the Bureau of Immigration www.immigation.gov.ph or any Philippine consulate or embassy.
The petition is filed with the Bureau of Immigration or any of its offices, or consular offices abroad.
There is a payment of P3,000.00 for this.
Another important requirement is taking an oath of allegiance
There are practical benefits of re-acquiring or retaining Filipino (dual) citizenship.
Foremost of these benefits is that one who re-acquires Filipino citizenship, does not have to loose his previously acquired foreign citizenship.
That is why it is called “dual” citizenship.
Second if one re-acquires Filipino citizenship, he can stay indefinitely in the Philippines and would no longer have to report to the immigration office like foreigners do.
Re-acquiring Philippine citizenship also provides comfort, convenience for the elderly balikbayans.
Those who have obtained citizenship in countries in North America go back to the Philippines during the hardly-bearable winter.
This is seriously beneficial to those who have arthritis and other ailments.
During summer in the Philippines, they go back where it is springtime.
One who re-acquires his Filipino citizenship can perform acts, and avail of benefits accorded to ordinary Filipino citizens.
Among these practical benefits include being able to obtain senior citizen card and availing its benefits like watching free movies, buying everything at discounts like medicines, food, air fares.
One who has re-acquired Philippine citizenship can buy real property, be an incorporator in corporations that require 100% Filipino ownership (like mass media ownership). He can hold vital positions in certain industries (realty, mining, logging) without running afoul with the anti-dummy law.
One who re-acquires his or her Philippine citizenship can also vote, run for certain elective offices, or be appointed in a government office, if he so desires.
Those who have lost their Filipino citizenship should seriously consider availing of the benefits of Republic Act 9225 or the dual citizenship law. The Philippine consulate in Los Angeles is one the many offices where former natural born Filipinos who have become U.S. citizens, take their oath of allegiance to re-acquire/retain their Philippine citizenship. This is a process of obtaining dual citizenship.If one is residing abroad, he or she can process the re-acquisition of Philippine citizenship at the nearest Philippine consulate. There is a section for dual citizenship to facilitate this process.

BI documentary requirements

At the Bureau of Immigration, go straight to the public assistance center and request a form listing the documentary requirements for recognition. Below is the list of requirements given by the Bureau:

Affidavit of citizenship

the Bureau of Immigration also required the execution of an affidavit of citizenship for recognition.


Republic of the Philippines )
Makati City )

Affidavit of Citizenship

I Elmar Jay Martin I. Dejaresco, a married Filipino, with address c/o 119 Palanca Street, Legaspi Village, Makati City, after having been sworn state:

1. I am a Filipino citizen from birth until the present.

2. My wife, Ruby Vendiola Dejareso is likewise a Filipino from birth, until the present.

3. On August 23, 2010, our child Jacob Gabriel Vendiola Dejaresco was born in the United States.

4. At the time of his birth Jacob Gabriel Vendiola Dejaresco, acquired dual citizenship (Philippine and US citizenship).

5. Jacob Gabriel Vendiola Dejaresco is also a Filipino citizen pursuant to the provisions of the 1987 Philippine Constitution.

6. At the time of birth of Jacob Gabriel Vendiola Dejaresco, both his parents were, and are still Filipino citizens.

I am executing this affidavit to attest the citizenship of Jacob Gabriel Vendiola Dejaresco and for any legal purpose this may serve.

January ___ 2011.


Elmar Jay Martin I. Dejaresco
Affiant



Subscribed and sworn to before me this ___ day of January 2011 affiant exhibiting to me his TIN 138-235-550.

Doc.
Page
Book
Series of 2011

Request for recognition

One of the documentary requirements for recognition of Philippine citizenship is to make a notarized request for recognition. The following is the letter drafted by my father:

January 20, 2011


Bureau of Immigration
Magallanes Drive
Intramuros, Manila


Re: Request/application for recognition
of Filipino citizenship

Sir:

In behalf my son, a minor-applicant , Jacob Gabriel Vendiola Dejaresco, I may kindly request his recognition as a Filipino citizen, such being one of two citizenships he acquired at his birth in the United States on August 23, 2010.

I attest that applicant’s mother Ruby Vendiola Dejaresco, and the undersigned, the applicant’s father, are Filipino citizens, and were such at the time of applicant’s birth.

We pray for the granting of this request for recognition.

Thank you.

Very truly yours,


Elmar Jay Martin I. Dejaresco
Father of applicant



Subscribed and sworn to before me this ___ day of January 2011 affiant exhibiting to me his TIN .

Doc.
Page
Book
Series of 2011

Recognition of Citizenship

Today January 19 2011, my papa finally got the time to pay a visit to the Bureau of Immigration in Intramuros, Manila.
Dad was working on something and he took the time to inquire on my documentary requirements at the Bureau.
Upon arrival at the Manila International Airport from the U.S., when the immigration stamped the arrival seal on my U.S. passport, she noted that my parents had Philippine passports.
The immigration officer told us to pay the Bureau of Immigration a visit, as I need to be recognized as having Philippine citizenship.
Otherwise, I would be deemed an alien (being a bearer of a U.S. passport), and would be subject to rules for aliens visiting the Philippines.
It was only today that my father was able to visit the immigration bureau .
It was gathered that I need to be recognized as a Filipino citizen, aside from having a U.S. citizenship.
I need to apply for recognition of Philippine citizenship.
Of course my father would have to do it in my behalf, since I am a minor (infant as a matter of fact).
The documents required are:
(1) Noarized request for recognition
(2) NSO certified Report of Birth of the minor-applicant
(3) NSO birth certificate of the parents
(4) Affidavit of citizenship
(5) Photocopies of the passport of parents and the applicant