The Department of Justice (DOJ) has endorsed a draft treaty between the Philippines and Spain that allows natural-born Filipinos to retain their Philippine citizenship even if they acquire Spanish nationality.
The DOJ outlined its position on the matter in a legal opinion dated April 30, 2024. This development could significantly impact Filipinos seeking dual nationality.
Justice Secretary Jesus Crispin Remulla explained that, under current laws, Filipinos do not lose their Philippine citizenship when acquiring citizenship from Iberian and Ibero-American countries, as well as the United Kingdom, provided there is a corresponding treaty.
The Iberian countries include Spain and Portugal, while Ibero-American countries are those in South America.
The Department of Foreign Affairs (DFA) requested this legal opinion to ensure that the draft “Agreement on Dual Nationality” with Spain complies with the Constitution, Republic Act (RA) 9225 or the Citizenship Retention and Re-acquisition Act, and Commonwealth Act 63, which govern the loss and reacquisition of Filipino citizenship.
Remulla clarified that Commonwealth Act 63 stipulates that acquiring citizenship from Iberian or Ibero-American countries, or the UK, does not result in the loss of Philippine citizenship if the other country reciprocates the privilege and a treaty is in place.
Spain, he noted, is such a country, as its laws recognize that Spaniards acquiring Philippine citizenship do not lose their Spanish nationality.
Further, Remulla cited the Spanish Civil Code, which states that acquiring citizenship from countries like the Philippines does not lead to the loss of Spanish nationality by birth.
The DOJ chief also pointed out that RA 9225 allows natural-born Filipinos who lost their citizenship through foreign naturalization to swiftly reacquire and retain it by taking an oath of allegiance to the Philippines.
He believes the proposed treaty with Spain would bolster RA 9225 by facilitating the retention of Filipino citizenship.
Should the treaty be finalized, Remulla recommended updating the Bureau of Immigration’s Memorandum Circular No. AFF-04-01, which outlines the current procedures for implementing RA 9225.
