- Hello sir! I am a Canadian who has two daughters with Canadian citizenship and Canadian passports. They were born here in the Philippines and their mother is Filipino.
My questions are:
- Are they still considered Filipino citizens .
- When they go to Canada with their Canadian passports, what will happen at the Manila airport when we leave?
Is there still for them to secure Recognition Certificates from the Bureau of Immigrations in the Philippines? Mark. Thanks
ANS: Hello Mr. Ron. If your children were born after the effectivity of the 1973 and the current 1987 Constitutions and at the time of their birth and where the parents or one of them is a Filipino citizen, then under the law, they are considered as natural-born Filipino citizens.
The situation of your daughter is a case wherein by operation of the laws of Canada and the Philippines they have dual citizenships upon their births. Having been born in the Philippines with Filipino parent(s) they are considered as natural-born Filipino Citizens under the 1973 and 1987 constitutions.
Moreover, where the birth of your daughters were registered with the Local Civil Registrar in the Philippines, and in their respective birth certificates, the entries thereof shows that one or both parents at the time of birth is Filipino, then for all legal intents and purposes, they are considered as Filipinos. With their respective birth certificates issued by the local civil registrar and authenticated by the Philippines Statistics Authority(PSA) formerly known as the National Statistics Office(NSO) they can apply for the issuance of Philippine passports with the Department of Foreign Affairs(DFA).
Kindly, note that the Philippine passport issued by the Philippine authorities in the Philippines or through its Philippine Consular offices abroad under the office of the Department of Foreign Affairs(DFA) is the best evidence ones Philippine citizenship.
As Filipino citizens and holders of Philippine passports, will entitle them the convenience of entering the Philippines without visas or leaving the Philippines with no immigration issues or the fear of hefty fines and penalties for overstaying in the Philippines. They can present both their Canadian and Philippine Passports at the immigration counters at the airport , as dual citizens of the republic.
However, if your daughters have no Philippine Passports and using only their Canadian passports , they may experience inconvenience and some bureaucratic issues and to contend with the Bureau of Immigration(BI) officers especially if they have overstayed in the country. Moreover, when they enter the Philippines with only Canadian passports their immigration status could be considered as tourists only with a balikbayans visas.They have a limited duration of stay in the Philippines and may be subjected fines for overstaying.
Note that the issue of Recognition of Dual Citizenship of children having been borne as Dual Citizens have created a lot confusion in relation to the Dual Retention Act under R.A. 9225. There are proponents who claimed that there is still a need for persons who is considered as Dual Citizens from birth and whose births were not registered with the Local Civil Registry in the place of birth in the Philippines or with the Philippine Consulate abroad as the case may be , showing in their birth of records of the fact of their Philippine citizenship and thereafter, the said individuals were issued a foreign passport on account of their being a citizen of that country on the basis of their birth following the jus sanguinis principle ( by blood of parent(s)citizenship) upon the birth of the person.
My view is that Recognition of Filipino citizenship by the Bureau of Immigration(BI) in the Philippines, may be applicable only to persons who are considered as “Dual Citizens” whose proof of Philippine Citizenship, such as the birth certificate of the child or person is not recorded or registered in the Philippines, showing that the parent(s) at the time of birth of the child was or were Filipino citizens. This situation is commonly occurring when a person is born abroad but whose birth was not reported or recorded in the Civil Registry or through the Philippine Consular offices abroad. Hence, to prove citizenship, one has to file a petition or application with the Bureau of Immigration in the Philippines, to prove Philippine citizenship.
On the other hand, the Dual citizenship Retention Act under R.A.9225, may not be applicable to your daughters, considering that their dual citizenships emanates from their birth without the need of any overt or express acts on their part in acquiring foreign citizenship.
My take is that the Dual citizenship Retention Act under R.A.9225, is applicable only to former natural-born Filipino citizens, who later in life by overt and express act acquired foreign citizenship as a naturalized citizen of a particular country.
Note further that under the Dual citizenship Retention Act under R.A.9225, a former natural-born Filipino citizen who have acquired foreign citizenship is deemed not to have lost their Philippine citizenship. All they have to do, is to swear an oath of allegiance to the Republic of the Philippines before the Philippines Consular officer or any officer of the Philippine government authorized to administer oath and as such they are fully restored of all their rights as Filipino citizens notwithstanding their foreign citizenship. However, under the law, if dual citizens wish to get elected or appointed to a government office, they have to renounce their foreign citizenship.
Based on the above views and submissions and should doubt and confusion in your mind persist, it is suggested that you confer with the Bureau of Immigration authorities of the Philippines for further guidance.
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