Dual Citizenship: Practicing Law In The Philippines

Dual citizenship in the Philippines is a complex process that grants individuals the rights and privileges of Filipino citizens, including the ability to practice their profession. Republic Act No. 9225, also known as the Dual Citizenship Law, allows former natural-born Filipino citizens who acquired foreign citizenship to retain or reacquire their Philippine citizenship. This process involves various steps, including an appointment at the Philippine Embassy and the submission of specific documents. The rights and responsibilities of dual citizens in the Philippines, including their ability to practice law, are shaped by the country's existing laws and regulations.

Dual citizens can practice law in the Philippines if they apply for dual citizenship

Dual citizens can practice law in the Philippines, but they need to apply for dual citizenship first. Republic Act No. 9225, also known as the Citizenship Retention and Re-acquisition Act of 2003, allows natural-born Filipinos who have become citizens of another country to retain or re-acquire their Filipino citizenship. This includes children born outside the Philippines to Filipino citizens.

To be eligible for dual citizenship, you must be a former natural-born Filipino citizen who has become a naturalized citizen of another country. If you were born outside the Philippines on or after January 17, 1973, you are a Filipino citizen as long as one of your parents was a Filipino citizen when you were born. If this applies to you, you are already a Filipino citizen and do not need to apply for dual citizenship. You only need to file a Report of Birth to the relevant Philippine Embassy or Consulate.

If you are eligible for dual citizenship, you can complete the Application for Retention/Reacquisition of Philippine Citizenship. This must be done in person and by appointment at the Philippine Embassy. The process is completed on the same day. The application requires various documents, including birth certificates, marriage certificates, passports, and photos. After the petition is evaluated and approved, the petitioner is assigned a schedule for their oath-taking. The Oath of Allegiance to the Republic of the Philippines is the final act that confers Philippine citizenship.

Once dual citizenship is obtained, individuals can apply for a license or permit to practice their profession in the Philippines. This includes the legal profession. According to retired associate justice Angelina Sandoval-Gutierrez, "Our constitution provides that practice for all professions is limited to Filipino citizens, but then like you—you are a U.S. citizen, now you can apply for dual citizenship. Yes, and then thereafter, you can file a petition with the Supreme Court [so] that you will be re-admitted as a member of the bar and be allowed to practice law."

Dual citizenship is only available to former natural-born Filipino citizens

Under this act, a person born in the Philippines before 17 January 1973 is considered a natural-born Filipino citizen if their father was a Filipino citizen. If the father was not a Filipino citizen, the child must have elected Filipino citizenship upon reaching adulthood. For those born after 17 January 1973, a person is considered a natural-born Filipino citizen if either their father or mother was a Filipino citizen at the time of their birth.

Those eligible to apply for dual citizenship under this act include:

• Former natural-born Filipino citizens who have become citizens of another country through naturalisation.
• Unmarried children under 18 of those who reacquired Philippine citizenship.
• Children born outside the Philippines after 17 January 1973 to a Filipino citizen.

The process of applying for dual citizenship involves scheduling an appointment at a Philippine Embassy and completing the necessary forms and gathering the required documents. The process is typically completed on the same day. If applying through a consular outreach mission, applicants will need to mail their documents ahead of time.

Upon reacquiring Philippine citizenship, dual citizens will enjoy full civil, economic, and political rights enjoyed by Filipino citizens. This includes the right to practice their profession in the Philippines, provided they apply for a license or permit from the relevant Philippine agencies or bodies.

Children of dual citizens may also be eligible for dual citizenship

Unmarried children under the age of 18 can be included in their parent's application for dual citizenship. If the child is 18 years of age or older at the time of the parent's reacquisition of Philippine citizenship but was born when either parent was still a Filipino citizen, they may apply for reacquisition of Philippine citizenship. Children who are 18 years old or older and do not qualify to acquire Philippine citizenship under RA 9225 have the option to apply for naturalisation or a permanent resident visa.

Upon reacquiring Philippine citizenship, dual citizens enjoy full civil and political rights, including the right to practice their profession in the Philippines, provided that they apply for a license or permit from the relevant authority. They are also subject to certain liabilities and responsibilities, such as the payment of income tax on earnings in the Philippines and the travel tax.

Dual citizens must pay income tax on any income earned in the Philippines

Dual citizenship in the Philippines is possible for natural-born Filipino citizens who have become citizens of another country. This includes children born outside the Philippines to Filipino citizens, as long as their birth is reported to the Philippine Statistics Authority.

Dual citizens in the Philippines are subject to taxation on any income earned within the Philippines. This is to prevent double taxation, as income earned outside of the Philippines is tax-free. However, dual citizens whose stay in the Philippines exceeds one year will be required to pay the travel tax, regardless of the passport used for travel.

In addition to taxation, dual citizens in the Philippines are granted the same rights as Filipino citizens, including the right to practice their profession. To do so, they must apply for a license or permit from the relevant Philippine agencies or bodies, such as the Professional Regulation Commission (PRC) or the Supreme Court for Lawyers.

It is important to note that the process of reacquiring or retaining Filipino citizenship involves taking an Oath of Allegiance to the Republic of the Philippines and may require the cancellation of previous citizenship or residency documentation.

Dual citizens must take the Oath of Allegiance to the Republic of the Philippines

Dual citizenship in the Philippines is possible for natural-born Filipinos who have become naturalized citizens of another country. This is known as Republic Act No. 9225, or the Citizenship Retention and Re-acquisition Act of 2003. Under this act, dual citizens are entitled to the full civil, economic, and political rights enjoyed by Filipino citizens.

To obtain dual citizenship, applicants must take an Oath of Allegiance to the Republic of the Philippines. This is a requirement for all applicants, and the oath is administered by a Philippine consular officer. The oath is as follows:

> I, [name], solemnly swear that I renounce absolutely and forever all allegiance and fidelity to any foreign prince, potentate, state or sovereignty, and particularly to the [country of citizenship], of which at this 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 Republic of the Philippines; and I hereby declare that I recognize and accept the supreme authority of the Republic 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.

The Oath of Allegiance is based on the United States Oath of Allegiance and was first enshrined in the Revised Naturalization Law of 1939. It was modified in 1946 when the Philippines gained independence to remove references to the Commonwealth and the United States.

In addition to taking the oath, applicants must also submit various documents, including birth certificates, passports, and marriage certificates.

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