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Republic of the Philippines : “4N
HOUSE OF REPRESENTATIVES RECEIVED @
Constitution Hills, Quezon City 18 JUL 2017,

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SEVENTEENTH CONGRESS
Second Regular Session

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:

HOUSE BILL NO. 6008

Introduced by Hon. Salvador B. Belaro Jr.
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EXPLANATORY NOTE

Paragraph 1, of Section 5 of Republic Act No. 9225, specifically provide
that ‘[t]hose who retain or reacquire Philippine Citizenship [or dual citizens]
shall enjoy full civil and political rights and be subject to all attendant liabilities
and responsibilities under existing laws of the Philippines.” Although granted
full civil and political rights, dual citizens, however, are prejudiced and
disadvantaged in that they cannot seek appointment in public office without
renouncing their oath of allegiance to the country where they took that oath.
Many wishes to seek appointment to State Universities and Colleges, in order to
teach or share their knowledge and expertise.

Filipinos abound overseas, and through exposures in advances in
education, employment and working conditions, many of these Filipinos have
acquired extensive learning, education, skill, and expertise in different fields
and professions that the Philippine Government could tap and harness for
national development, welfare and progress. Many of these highly educated
and trained Filipino experts have also retained or re-acquired their Philippine
Citizenships or have become dual citizens under the terms provided for in
Republic Act No. 9225, otherwise known as “The Citizenship Retention and
Re-acquisition Act of 2003.


From experience, there are dual citizens who are, because of patriotic
impulses and love for the Philippines and the Filipino people, are willing to
leave their lucrative and comfortable lives abroad and return to the Philippines
in order to teach, do research work or share their knowledge and expertise in UP
and other State Universities and Colleges. These dual citizens, however, are
prevented from doing so because of what they believe to be burdensome or
impractical requirements imposed on them for appointment in public office,
such as that mentioned in Section 5, paragraph 3 of RA 9225 requiring them to
renounce their oath of allegiance to the country where they took that oath,

It is worthy of note that in this case, professors of foreign citizenship have
a distinct advantage in that they need only to generally, among others, secure an
alien employment permit (AEP) and a working visa from the government in
order to be allowed to teach in universities locally, whether private or public.
Dual citizens, however, have to make said required renunciation of their oath
allegiance in order to be appointed to public office, including those positions
available in UP and other SUCs. Congress believes these dual citizens are not
only prejudiced in this way, they are also unjustly and unfairly pre-judged.
They are already treated as inappropriate for appointment to public office
simply because they executed an oath of allegiance as an incident to their
acquiring foreign citizenship, when truthfully they have not committed any act
of disloyalty to the country. In fact their aspirations, motivation and actions
continue to show otherwise -- that they love the country and the Filipino people
by offering to return home to render invaluable services. Conversely, the state
universities are disadvantaged against neighboring Higher Educational
Institutions found in the ASEAN Region on their internationalization programs
and international rankings with their inability to obtain the services of experts
and doctorate degree holders, including dual citizens with such expertise and
qualifications

Congress is aware of the principle that allegiance is a state of mind, and
can only be seen through overt or positive acts. Based on this principle,
therefore, it is unjust and unfair to pre-judge dual citizens absent the presence of
these overt or positive acts. Moreover, Congress understands that their inability
to renounce their oath of allegiance is merely for practical purposes. They or
their families abroad wish to continue to enjoy or take advantage of educational,
health, pension, unhampered travel without visas and other benefits that in fact


they have earned. And, these could be negatively affected once their foreign
citizenships are affected by said renunciation.

In order to correct this injustice and unfairness, as well as to equalize the
playing field for dual citizens insofar as appointments to UP and other SUCs are
concerned, the necessary amendment to RA 9225 has to be made.

In view of the foregoing, the passage of this bill is earnestly sought.

£4

ATTY. SALVADOR B. BELARO, JR.
Representative
1-Ang Edukasyon Party List


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Constitution Hills, Quezon City

SEVENTEENTH CONGRESS
Second Regular Session

HOUSE BILL No._6008

SE
Introduced by: Hon. Salvador B. Belaro Jr.
SE

AN ACT AMENDING
SECTION 5, PARAGRAPH 3 OF REPUBLIC ACT NO. 9225
OTHERWISE KNOWN AS “THE CITIZENSHIP RETENTION AND
RE-ACQUISITION ACT OF 2003”

Be it enacted by the Senate and the House of Representatives of the Philippines
in Congress assembled:

SECTION 1. This act shall be known as the “Revised Citizenship Retention and
Re-acquisition Act of 2017.”

SECTION 2. a.) The Constitution guarantees citizens’ “equal access to
opportunities for public service” (Art. II, Section 26) and mandates that
Congress may provide forms of incentives “to deserving science students,
researchers, scientists, inventors, technologists, and specially gifted citizens”
(Art. XIV, Section 11);

b.) It is the duty of the State to protect and promote the right of all
citizens to quality education at all levels, and to take appropriate steps to make
such education accessible to all.


SECTION 3. Section 5, paragraph 3 of Republic Act No. 9225
otherwise known as the “Citizenship Retention and Re-acquisition Act
of 2003 is hereby amended to read as follows:

“Section 5. Civil and Political Rights and Liabilities. —
Those who retain or re-acquire Philippine citizenship under this
Act 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:
(1) Xxx
(2) Xxx

(3) 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; PROVIDED FURTHER,
THAT APPOINTEES TO STATE UNIVERSITIES AND
COLLEGES SHALL NOT BE REQUIRED TO MAKE SUCH
RENUNCIATION AS CONDITION FOR THEIR
APPOINTMENT.”

SECTION 4. If any provision hereof is held invalid or unconstitutional, the
remainder of the law or provision not otherwise affected shall remain valid and
subsisting.

SECTION 5. All laws, presidential decrees, executive orders, rules and
regulations contrary to or inconsistent with the provisions of this Act are hereby

repealed or modified accordingly.

SECTION 6. This act shall take effect fifteen (15) days after its publication in at
east two (2) newspapers of general circulation.

Approved.