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Rules Governing Philippine Citizenship

12:41 PM

Republic of the Philippines
Department of Justice
BUREAU OF IMMIGRATION
Manila

MEMORANDUM CIRCULAR NO. AFF-04-01

RULES GOVERNING PHILIPPINE CITIZENSHIP UNDER REPUBLIC ACT R.A. No. 9225 AND ADMINISTRATIVE ORDER (A.O.) NO. 91, SERIES OF 2004.

WHEREAS, R.A. No. 9225 declares that natural-born citizens of the Philippines who become citizens of another country shall be deemed not to have lost their Philippine citizenship under conditions provided therein;

WHEREAS, A.O. No. 91, Section 1 designated the Bureau of Immigration (BI), in consultation with the Department of Foreign Affairs (DFA), Department of Justice (DOJ), Office of the Civil Registrar-General, National Statistics Office (NSO), as the implementing agency of R.A. No. 9225

WHEREAS, A.O. No. 91, Section 2 authorizes the BI to promulgate and issue rules and regulations to implement R.A. No. 9225 ;

WHEREFORE, by authority of A.O. No. 91 Section 2 in relation to Commonwealth Act. No. 613, Section 3, as amended, the following rules are hereby adopted to carry out the provisions of R.A. No. 9225

Section 1. Coverage. – These rules shall apply to former natural-born citizens of the Philippines, as define by Philippine law and jurisprudence, who have lost their Philippine citizenship by reason of their naturalization as citizens of a foreign country.

Sec. 2. Former natural-born Philippine citizen already in the Philippines and a BI-registered alien – A former natural-born citizen of the Philippines who is already in the Philippines and registered in the BI shall file a petition under oath to the Commissioner of Immigration for the cancellation of Alien Certificate of Registration (ACR) and issuance of an Identification Certificate (IC), as the case may be, under R.A. No. 9225

Sec. 3. Former natural-born Philippine citizen who is abroad but a BI registered alien – A former natural-born citizen of the Philippines who is abroad but is a BI-registered alien shall file a petition under oath to the nearest Philippine Foreign Post for evaluation. Thereafter, it shall forward the entire records to the Commissioner of Immigration for the cancellation of Alien Certificate of Registration (ACR) and issuance of an IC under R.A. No. 9225

Sec. 4. Former natural-born Philippine citizen already in the Philippines and not a BI-registered alien – A former natural-born citizen of the Philippines who is already in the Philippines but has not registered with the BI within sixty (60) days from date of his arrival shall file a petition under oath to the Commissioner of Immigration for the issuance of an IC under R.A. No. 9225

Sec. 5. Former Natural-born Philippine citizen who is abroad and not a BI-registered alien – A former natural-born citizen of the Philippines who is abroad and is not a BI-registered alien shall file a petition under oath to the nearest Philippine Foreign Post for the issuance of an IC under R.A. No. 9225

Sec. 6. Forwarding address. Photographs. – In all petitions under Sections 2 to 5 hereof, the applicant must indicate his or her latest forwarding address. Three (3) recent 2” x ”2 photographs of the applicant (front, left side, and right side views over white background) shall be attached to the petition.

Sec. 7. Fees. – Each applicant under these Rules shall pay a one-time fee for the processing of the application and issuance of the corresponding IC.

Applicants already in the Philippines shall attach the official receipt for the amount of P2,500.00 as proof of payment of processing fee. Applicants who are abroad shall attach the official receipt for the amount of US$50 or its equivalent in foreign currency acceptable to the Philippine Foreign Post concerned.

Sec. 8. Proof as natural-born citizen of the Philippines. – A former natural-born citizen of the Philippines, who was born in the Philippines, shall submit the NSO-authenticated copy of his or her birth certificate.

On the other hand, a former natural-born citizen of the Philippines, who was born abroad, shall submit the original copy of the Report of Birth issued by the Philippine Foreign Post and in applicable cases, the Birth Certificate issued by competent foreign authorities.

These documents shall be sufficient to establish that the applicant is a natural-born citizen of the Philippines for purposes of these Rules.

Sec. 9. Submission of the Oath of Allegiance – Applicants under these Rules shall also sign and attach an Oath of Allegiance to the Republic of the Philippines as follows:

“I, (name of the applicant) solemnly swear (or affirm) that I will support and defend the Constitution of the Republic of the Philippines and obey the laws and local orders promulgated by the duly constituted authorities of the Philippines, and I hereby declare that I recognize and accept the supreme authority 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.”

Sec. 10. Strict compliance. Effect of non-compliance. – All petitions must strictly comply with the preceding requirements prior to filing at the Office of the Commissioner or at the nearest Philippine Foreign Post, as the case may be. After the filing of the petition, the same shall be assigned to an evaluating officer who shall evaluate the petition without further proceedings.

In the case of petitions that do not comply with the requirements, the applicant shall be notified to submit the required documents within thirty (30) days from receipt thereof. Otherwise, the petition shall not be favorably acted upon by the Bureau of Immigration or by the Philippine Foreign Post.

If after evaluation, the documents submitted fail to establish that the applicant is a natural-born citizen of the Philippines, the applicant shall be notified of such fact in writing by the Commissioner of Immigration or by the Philippine Foreign Post.

Sec. 11. Approval Procedures. – If the petition is found to be sufficient in form and in substance, the evaluating officer shall submit the findings and recommendation to the Commissioner of Immigration or Consul-General, as the case may be, within five (5) days from date of assignment.

For Applications filed under Section 2 and 4 of these Rules, the Commissioner of Immigration shall issue, within five (5) days from receipt thereof, an Order of Approval indicating that the petition complies with the provisions of R.A. No 9225 and its IRR, and further direct the chief of the Alien Registration Division (ARD) to cancel the subject ACR and/or to issue the corresponding IC to the applicant.

Each cancelled ACR shall, however, be attached to the Order of Approval to form part of the records of the applicant.

For applications filed under Section 3 and 5 of these Rules, the Consul-General shall issue, within five (5) days from receipt thereof, the Order of Approval indicating that the petition complies with the provisions of R.A. No. 9225 and its IRR. He shall then transmit copies of the Order of Approval, Oath of Allegiance, including the authenticated Record of Birth or Birth Certificate to the BI. Immediately upon receipt thereof, the BI shall issue the corresponding IC to the applicant and forward the same to the Philippine Foreign Post concerned. If the applicant is a BI-registered alien, the BI shall also cancel the subject ACR.

Sec. 12. Conferment of Philippine citizenship. Conditions. – Subject to full compliance with these Rules, the Oath of Allegiance shall be the final act that confers Philippine citizenship.

In case the applicant is in the Philippines, he may take his Oath of Allegiance before the Commissioner of the Immigration or any officer authorized under existing laws to administer oath. In the latter case, the applicant must submit the Oath of Allegiance to the BI to form part of his records.

In case the applicant is abroad, only the Consul General or a duly commissioned foreign service officer of the Philippine Foreign Post concerned shall administer the Oath of Allegiance.

The Oath of Allegiance shall thereafter be registered in accordance with the provisions of the Civil Registry laws.

Sec. 13. Repository of Records – The BI Records Section shall maintain the integrity of all the documents filed under these Rules. It shall send official copies of the Order of Approval and Oath of Allegiance to the NSO.

Sec. 14. Copies for the Applicant. Identification Certificate. Correction of errors. – The applicant shall be provided with an official copies of the Order of Approval and the Oath of Allegiance. Further, all IC’s issued under these Rules shall indicate Philippine citizenship under R.A. No. 9225 and A.O. N0. 91 s. 2004. Any clerical error or errors in the entries of the IC may be corrected, upon written request to and approval by the Commissioner of Immigration. The NSO shall be promptly provided with a copy of the corrected IC.

Sec. 15. Confidentiality of Records. – Any application, document of information given before the Bureau of Immigration or any Philippine Foreign Post shall not be divulged in any manner to any person or entity without the express written consent of the person to whom such application, record or information belongs.

Sec. 16. Other beneficiaries of R.A. No. 9225 – This memorandum circular shall equally apply to the unmarried child, whether legitimate, illegitimate or adopted, below eighteen (18) years of age, of those who re-acquire Philippine citizenship upon the activity of R.A. No. 9225

Sec. 17. Exemption from administrative review. Limitations. – The conferment of Philippine citizenship under these Rules shall no longer be subject to the affirmation by the Secretary of Justice pursuant to the DOJ Policy Directive of 7 September 1970 and Opinion No. 108, s. 1996.

However, Philippine citizenship under these Rules may be revoked by competent authority upon a substantive finding of fraud, misrepresentation or concealment on the part of the applicant.

Sec. 18. Effectivity. – This memorandum circular takes effect fifteen (15) days after its publication in the two (2) newspapers of general circulation.

Source: http://immigration.gov.ph

Special Resident Retiree's Visa

10:17 PM

SRR VISA

2010-08-18

Under the Presidential Executive Order No. 1037 (also known as PRA Charter), the Philippine Retirement Authority is mandated to make available a comprehensive and attractive retirement package for potential foreign retirees who seek an easy and comfortable lifestyle. With this in mind, the PRA is committed to provide its retirees a wholistic retirement environment.

The SRRV Application Process

In order to apply for the SRR Visa, you may visit the PRA One Stop Shop center at the 29th Floor, Citibank Tower, Paseo de Roxas, Makati City, Philippines. You may secure an SRR Visa application form and also apply for the National Bureau of Investigation (NBI) clearance. You may likewise obtain a schedule for your medical exam. Our staff will then evaluate and process your application when these documents are submitted. For SRR Visa Enrollment Options.

Once these documentary requirements are met, and the necessary fees settled, the endorsement of the SRR Visa application is prepared and sent to the Bureau of Immigration for approval. The approval of the SSR Visa normally takes 5 to 7 working days. Once the SRR Visa is approved, then the PRA ID card is issued. This card will serve as the Alien Certificate of Registration (ACR) which exempts the bearer from the Annual Registration requirement, Exit Clearance and Re-entry Permit, and from the application of the I-card as otherwise required by the Bureau of Immigration.

Benefits

Once you are an SRRV Visa holder, it opens the door to vast opportunities and benefits. These include:

1. Option to Retire Permanently

You may live, work and study in the Philippines

2. Multiple Entry Privileges

You may travel outside the Philippines and re-enter anytime

3. Exemptions from:

Income tax over your pension and annuities;

Exit and re-entry permits of the Bureau of Immigration;

Annual registration requirement of the Bureau of Immigration;

Customs Duties and Taxes with regard to the importation of household goods and personal effects up to US$7,000.00;

Travel tax, if you stay in the Philippines is less than one year from the last entry date; and

I-Card

As an SRR Visa holder, the PRA can assist you in obtaining basic documents from other government agencies. These include, but are not limited to:

Alien Employment Permit

Driver's License

Tax Exemption/Extension Certificate

Tax Identification Number

National Bureau of Investigation (NBI) Clearance

Enrollment Options

A retiree who applies for a Special Resident Retiree Visa (SRRV) has the option to enroll to the program based from his retirement status.

Retirement Option and their Required Time Deposit

1. With Pension – 50 years. Old and above – the required time deposit is US$10, 000.00 plus a monthly pension of US$800.00 for a single applicant and US$1,000.00 for couple

2. Without Pension

35 to 49 years old – US$50, 000.00 time deposit
50 years old and above – US$20, 000.00 time deposit
Former Filipino Citizens (at least 35 years old, regardless of the number of dependents – US$1,500.00)
Ambassadors of foreign countries who served and retired in the Philippines, current and former staff members of international organizations including ADB (at least 50 years old) - US$1,500.00

3. A resident retiree can bring with him, without additional deposit, his spouse and a child who is unmarried and below 21 years old or if the spouse is not joining, two (2) children (provided they are unmarried and under 21 years of age.) Additional children with the same qualifications may also be allowed to join the principal retiree provided there is an additional deposit of US$15,000.00 per child. The said time deposit however, is subject the same and conditions with that of the principal deposit. This does not apply to former Filipino Citizens.

Eligibility

Former Filipino citizens and foreign national except those classified as restricted by the Philippine Department of Foreign Affairs and the Bureau of Immigration are eligible to apply for the SRR Visa. Also, he or she should be:

At least 35 years old

Without criminal record

Meeting medical standards

Meeting the investment requirement

Documentary Requirements

PRINCIPAL RETIREE APPLICANT

   1. Duly accomplished SRRV Application Form.
   2. Original Passport with Valid Entry Visa
   3. Medical Examination Clearance

Can be secured abroad (with English translation) duly authenticated by the Philippine Embassy/Consular Office.

Can also be secured in the Philippines at the PRA One-Stop Service Center or at any clinic/hospital.

4. Police Clearance and National Bureau of Investigation (NBI) Clearance

Police Clearance only, for retiree-applicants whose stay in the Philippines is thirty (30) days or less from date of last entry, which must be secured from the applicant’s country of origin (with English translation) duly authenticated by the Philippine Embassy or Consular Office.

Police Clearance (from the applicant’s country of origin) and National Bureau of Investigation (NBI) Clearance for retiree applicants whose stay in the Philippines is more than 30 days from date of last entry.

5. ID Pictures - twelve (12) pieces of 2"x2"
6. Bank Certificate of Time Deposit Inwardly Remitted to any PRA Accredited Banks

A retiree applicant is required to remit deposit through telegraphic transfer to any PRA Accredited Banks (download telegraphic transfer form)
Non-Withdrawability of Retiree’s Deposit – The Retiree’s deposit or account shall not be withdrawn by the retiree for the duration of his participation in the Program and the depository bank shall not allow such withdrawal except upon proper notice or approval by the PRA.
However, the interest earning of the Time Deposit is withdrawable without PRA clearance.

7. Fees:

US$1,400.00 application fee or equivalent Philippine Peso. (one time)
The Application Fee is non-refundable

ADDITIONAL REQUIREMENTS FOR PRINCIPAL RETIREE APPLICANTS UNDER THE WITH PENSION PROGRAM:

Certification of Retirement Benefits issued by the concerned government and/or private entity which clearly states your identity, date of effectivity of the payment of pension and the amount of monthly pension; and
Proof of your monthly pension remitted to the Philippines.

NOTE:
ALL DOCUMENTS OBTAINED / ISSUED ABROAD MUST HAVE AN ENGLISH TRANSLATION DULY AUTHENTICATED BY THE PHILIPPINE EMBASSY / CONSULAR OFFICE.

SPOUSE

Duly accomplished SRRV Application Form.
Original Passport with Valid Entry Visa
Medical Examination Clearance

Can be secured abroad (with English translation) duly authenticated by the Philippine Embassy/Consular Office. If the applicant is in the Philippines, it can be secured at the PRA One-Stop Service Center or at any clinic/hospital

4. Police Clearance and National Bureau of Investigation (NBI) Clearance

Police Clearance only, for retiree-applicants whose stay in the Philippines is thirty (30) days or less from date of last entry, which must be secured from the applicant’s country of origin (with English translation) duly authenticated by the Philippine Embassy or Consular Office.
Police Clearance (from the applicant’s country of origin) and National Bureau of Investigation (NBI) Clearance for retiree applicants whose stay in the Philippines is more than 30 days from date of last entry.

5. ID Pictures - twelve (12) pieces of 2"x2"
6. Marriage Certificate or in its absence, any of the following:

For Koreans & Japanese - Family Register/Domicile
For Taiwanese - Household Register
For P.R.O.C. Chinese - Certificate of Relationship
For Japanese - Koseki Tohon

7. Fees:

US$300.00 application fee or equivalent Philippine Peso (one time)
The Application Fee is non-refundable

NOTE:
ALL DOCUMENTS OBTAINED / ISSUED ABROAD MUST HAVE AN ENGLISH TRANSLATION DULY AUTHENTICATED BY THE PHILIPPINE EMBASSY / CONSULAR OFFICE.

DEPENDENT/S

   1. Duly accomplished SRRV Application Form.
   2. Original Passport with Valid Entry Visa
   3. Medical Examination Clearance

Can be secured abroad (with English translation) duly authenticated by the Philippine Embassy/Consular Office. If the applicant is in the Philippines, it can be secured at the PRA One-Stop Service Center or at any clinic/hospital

4. Police Clearance and National Bureau of Investigation (NBI) Clearance(applies only for 18yrs. old and above)

Police Clearance only, for retiree-applicants whose stay in the Philippines is thirty (30) days or less from date of last entry, which must be secured from the applicant’s country of origin (with English translation) duly authenticated by the Philippine Embassy or Consular Office.
Police Clearance (from the applicant’s country of origin) and National Bureau of Investigation (NBI) Clearance for retiree applicants whose stay in the Philippines is more than 30 days from date of last entry.

5. ID Pictures - twelve (12) pieces of 2"x2"
6. Birth Certificate or in its absence, any of the following:

Family Register/Domicile (for Koreans & Japanese)
Household Register (for Taiwanese)
Certificate of Relationship (for P.R.O.C. Chinese)
Koseki Tohon (for Japanese)

7. Fees:

US$ 300.00 application fee or equivalent Philippine Peso(one time)
The Application Fee is non-refundable

8. Additional Dollar Deposit

For every additional dependent (in excess of two) an additional US$15,000.00 deposit under the name of the Principal, shall be required per dependent except for former Filipino citizens.

NOTE:
ALL DOCUMENTS OBTAINED / ISSUED ABROAD MUST HAVE AN ENGLISH TRANSLATION DULY AUTHENTICATED BY THE PHILIPPINE EMBASSY / CONSULAR OFFICE.

Members Obligations

1. Yearly renewal of the PRA ID Card

Retirees may request for a 3-year validity of the ID card upon the accomplishment of a Deed of Undertaking that the required deposit will remain in the bank for another 3 years.

2. Payment of Annual Visitorial Fee

Retirees are obliged to pay the annual visitorial fee and submit specific documents if the required deposit has been converted into active investment.

3. Notification of Changes in Personal Information