On 19th March, the Philippine Embassy’s ePassport biometrics mobile service and oath-taking for dual citizens arrives in Melbourne and pre-registrations must be submitted to the Philippine Embassy by 6 March. This is a great opportunity to reacquire your Filipino citizenship.
The legislation that pertains to Dual Citizenship is the Republic Act No. 9225, or the Citizenship Retention and Reacquisition Act (2003). Under this Law:
- A natural-born Filipino who lost their Filipino citizenship through naturalisation in Australia may re-acquire Filipino citizenship by taking the Philippine Oath of Allegiance before a duly-authorised Philippine official.
- The Philippine Oath of Allegiance does not require the renunciation of citizenship in any other country.
- Filipinos who re-acquire Filipino citizenship may once again enjoy full civil, economic and political rights enjoyed by all Filipino citizens.
These rights include the following:
The right to own real property in the Philippines
The Philippine Constitution prohibits foreigners from owning real property in the Philippines. There are some privileges granted to former Filipinos as far as property ownership is concerned, but these privileges are limited and far more restricted than the rights that current Filipino citizens enjoy.
The right to engage in business or commerce as a Filipino
The retail business and almost all professions that require a license to practice (doctor, nurse, lawyer, and the like) are reserved for Filipino citizens. Many former Filipinos who want to retire in the Philippines envision themselves as having a small business, or a small office, to keep a means of being busy in retirement, not to mention the additional income that comes with it.
The right to practice one’s profession in accordance with law
By simply applying with the proper Philippine authority (Professional Regulations Commission and other accrediting bodies) for a license or permit to engage in such practice, a dual citizen can practice one’s profession in the Philippines. A business or profession is a means of maintaining one’s social status and keeping in touch with one’s community.
The right to a Philippine passport
A dual citizen travelling to the Philippines can use both their Philippine Passport and their Australian passport. Upon entering the Philippines, the traveller shows their Australian passport for all documentation and they also show their Philippine passport, so that they can be treated as a Filipino. This means minimal restrictions on how long they can stay in the Philippines, with no restrictions on employment or education.
The right to vote in Philippine elections
The Philippine Constitution guarantees the right to vote to all Filipino citizens and provides a system for absentee voting by qualified Filipinos abroad. Some reasons why Overseas Filipinos should exercise the right to vote in
Philippine elections include the following:
Filipinos have to possess a minimum of skill, literacy and education in order to obtain jobs abroad.
Overseas Filipinos are relatively financially well-off. Jobs overseas mean good salaries, and in developed countries such as Australia, even a minimum legal wage converts to a substantial amount back home.
As provider of these funds, Overseas Filipinos strongly influence decision-making back home, and the active participation of Overseas Filipinos in the political process would definitely be reflected in the decisions made by the recipients of remittances.
Do I have to pay taxes to the Philippine Government?
There are those who, while they recognise the huge benefits of dual citizenship, are hesitant to reacquire their Filipino citizenship because they think that they will have to pay taxes to both the Philippine and the Australian governments.
The short and complete answer is: No.
Dual citizenship has no tax effects in the Philippines. This is because Philippine taxation is based on where income is earned or where property is located, regardless of citizenship. Only incomes derived from the Philippines are subject to taxation by the Philippine government. Thus, a person need not pay income tax to the Philippine government for income earned abroad, whether or not he is a Filipino.
We are Filipinos at heart. While it is right that we pay due obedience to the laws of any state which may for a time become our place of residence, we should never lose sight of the allegiance that we owe to our native land, always remembering that nature has implanted in us a sacred and indissoluble attachment to the country of our birth and our upbringing.
I urge you to consider reacquiring your Filipino Citizenship. Please register with the Philippine Embassy before 6 March to take advantage of the mobile service in Melbourne.
It is my understanding that pursuant to Sec. 2 of the REPUBLIC ACT NO. 9225
August 29, 2003 which states “Sec. 2. Declaration of Policy – It is hereby declared the policy of the State that all Philippine citizens of another country shall be deemed not to have lost their Philippine citizenship under the conditions of this Act”, citizenship is not lost by taking dual citizenship – after the commencement of this Act. However, if citizenship of another country was acquired by a Filipino prior to the commencement of the Act, there are provisions in the Act to re-acquire citizenship. Is that your understanding also?
My daughter is 16 yrs old born in philippines this january 2017 she get her australian citizenship by descent and she also have her philippine and australian passport.. As her mother is that possible that i can go with her or do i still need to apply for visa..
Please contact the Philippine Consulate to obtain an accurate response. Pls visit http://philconsulate.com.au for contact details.