Registration of Birth

-          Children Born to Filipino Parents Abroad or Children Born Abroad

1.     What are the rights of children born to Filipino Father and/or Mother overseas?

1. To be born. To have a name and nationality.

2. To be free. To have a family who will take care of me.

3. To have a good education.

4. To develop my potentials.

5. To have enough food, shelter, a healthy and active body.

6. To be given the opportunity for play and leisure.

7. To be given protection against abuse, danger and violence brought by war 
     and conflict.

8. To live in a peaceful community.

9. To be defended and assisted by the government.

10. To be able to express my own views.                                               

2.     Who is a Filipino child?

As of 2010, with no significant changes expected, Philippine nationality law provides that a person becomes a Philippine citizen by birth if

§  that person was born on or after October 15, 1986 and at least one parent was a Philippine citizen on the birthdate;[3]

§  that person was born on or after January 17, 1973 and either both parents were Philippine citizens on the birthdate or the person elected Philippine citizenship pursuant to the provisions of the 1935 Constitution;[4]

§  or the person was born on or after May 14, 1935 and the father was a Philippine citizen or, if the father was not, the mother was a Philippine citizen and the person elected Philippine citizenship pursuant to the provisions of the 1935 Constitution;[5]

§  or that person was born on or after August 29, 1916 and prior to May 14, 1935 and at least one parent was an inhabitant and resident of the Philippine Islands and a Spanish subject on April 11, 1899, or that person was an inhabitant and resident of the Philippine Islands and a Spanish subject on April 11, 1899, except in certain specific cases.

a.   If I become a foreign national before giving birth, is my child a Filipino?

The child was no longer vested with the Philippine citizenship at the time of his birth. He loses his Philippine citizenship if the parents acquire foreign citizenship before his birth.

3.     What is dual citizenship?

Dual citizenship is a privilege granted to natural-born citizens of the Philippines who have lost their Philippine citizenship by reason of naturalization in a foreign country to reacquire or retain their Philippine citizenship.

4.     What are the rights of a dual citizen under RA 9225?

Those who retain or reacquire their Philippine Citizenship under RA 9225 shall enjoy full civil and political rights and be subject to all attendant liabilities and responsibilities under existing laws of the Philippines and the following conditions:

Those intending to exercise their right of suffrage must meet the requirements under Section 1, Article V of the Constitution, Republic Act No. 9189, otherwise known as “The Overseas Absentee Voting Act 0f 2003” and other existing laws.

Under the Act, the right to vote or be elected or appointed to any public office in the Philippines cannot be exercised by, or extended to, those who are candidates for or are occupying any public office in the country of which they are naturalized citizens and/or those who are in active service as commissioned or non-commissioned officers in the armed forces of the country which they are naturalized citizens.

Those seeking elective public office in the Philippines shall meet the qualifications for holding such public office as required by the Constitution and existing laws and, at the time of filing of the certificate of candidacy, make a personal and sworn renunciation of any and all foreign citizenship before any public officer authorized to administer an oath.

Those appointed to any public office shall subscribe and swear to an oath of allegiance to the Republic of the Philippines and its duly constituted authorities prior to their assumption of office: Provided, that they renounce their oath of allegiance to the country where they took that oath;

5. If I register the birth of my child in the Philippines, will s/he lose his/her foreign nationality?

Commonwealth Act No. 63 is an act providing for the ways in which philippine citizenship may be lost or reacquired.  

Section 1. How citizenship may be lost. - A Filipino citizen may lose his citizenship in any of the following ways and/or events:

(1) By naturalization in a foreign country;

 

(2) By express renunciation of citizenship;

 

(3) By subscribing to an oath of allegiance to support the constitution or laws of a foreign country upon attaining twenty-one years of age or more: Provided, however, That a Filipino may not divest himself of Philippine citizenship in any manner while the Republic of the Philippines is at war with any country;

(4) By rendering services to, or accepting commission in, the armed forces of a foreign country: Provided,That the rendering of service to, or the acceptance of such commission in, the armed forces of a foreign country, and the taking of an oath of allegiance incident thereto, with the consent of the Republic of the Philippines, shall not divest a Filipino of his Philippine citizenship if either of the following circumstances is present:

(a) The Republic of the Philippines has a defensive and/or offensive pact of alliance with the said foreign country; or

 

(b) The said foreign country maintains armed forces on Philippine territory with the consent of the Republic of the Philippines: Provided, That the Filipino citizen concerned, at the time of rendering said service, or acceptance of said commission, and taking the oath of allegiance incident thereto, states that he does so only in connection with his service to said foreign country: And provided, finally, That any Filipino citizen who is rendering service to, or is commissioned in, the armed forces of a foreign country under any of the circumstances mentioned in paragraph (a) or (b), shall not be permitted to participate nor vote in any election of the Republic of the Philippines during the period of his service to, or commission in, the armed forces of said foreign country. Upon his discharge from the service of the said foreign country, he shall be automatically entitled to the full enjoyment of his civil and political rights as a Filipino citizen;

(5) By cancellation of the of the certificates of naturalization;

(6) By having been declared by competent authority, a deserter of the Philippine armed forces in time of war, unless subsequently, a plenary pardon or amnesty has been granted; and

(7) In the case of a woman, upon her marriage to a foreigner if, by virtue of the laws in force in her husband's country, she acquires his nationality.

 a.  If I choose not to register the birth of my child under Philippine laws, will my child have Filipino rights?

One should register the birth of a child if the parent wishes to have the child's birth registered with the NSO and thereby have a permanent repository of the proof of Filipino citizenship of the child. Report of birth is also a requirement for your child to get a Philippine passport.

 

Office of the Solicitor General