As a Filipino-American family law attorney in Houston, I deal with family law cases every day. One of the great things about working in this dynamic city is having the Philippine Consulate General Office nearby. This makes it easier for me to help many clients who have questions about dual citizenship and other legal issues connected to their Filipino roots.
One day, I received an inquiry that crossed the thin line between citizenship and divorce. An former dual Filipino-American asked what would happen now that he had already given up his Filipino citizenship to get a divorce in Texas that would be recognized in the Philippines. His inquiry was rooted in his desire to purchase real property in the Philippines. This question isn’t just legal jargon; it touches on the hearts and lives of many who find themselves in similar situations.
Why Would Someone Consider Renouncing Their Citizenship?
To understand this dilemma, let’s first consider what it means to be a dual citizen. Many Filipinos living in the United States of America cherish their heritage while enjoying the benefits of American citizenship. This status enables them to live, work, and study in the United States while preserving their rights and privileges as Filipino citizens.
However, when it comes to divorce, the laws can get tricky. While they may be able to obtain a divorce in the United States, that divorce holds no legal weight in the Philippines. Philippines does not recognize divorce for its citizens, which poses a significant challenge for those seeking to end their marriages.
Imagine being in a relationship that is no longer healthy or even physically abusive, yet feeling trapped because of your nationality. It’s a frustrating position to be in. For many, the idea of renouncing their Filipino citizenship to simplify the divorce process becomes an appealing, albeit drastic, solution.
He Renounced His Filipino Citizenship: What Happens Next?
This story is more common than you might think. A Filipino couple moved to the U.S., became naturalized citizens, and after some years, discovered that their love for each other had faded. They both found new partners and decided to get a divorce in Texas. They wanted this divorce to be recognized in the Philippines so that one spouse could remarry and the other could buy property without worrying about the marriage affecting ownership.
In their minds, it seemed straightforward. The husband renounced his Filipino citizenship and kept only his U.S. citizenship, while the wife maintained her dual citizenship. They got their divorce decree in Texas and started the process to have it recognized in the Philippines.
However, things took an unexpected turn. The husband, possibly without consulting a lawyer before renouncing his citizenship, later realized he wanted to purchase property in the Philippines. He thought it would be easy to just apply for dual citizenship again. But imagine his frustration when he discovered that it wasn’t as simple as he had hoped.
Can He Get His Filipino Citizenship Back Again Under R.A. 9225?
Republic Act 9225, also called the Citizenship Retention and Reacquisition Act of 2003, allows natural-born Filipinos who have become citizens of another country to keep or regain their Philippine citizenship.
When someone regains their Philippine citizenship under RA 9225, they become a dual citizen, meaning they hold both Filipino and foreign citizenship.
However, if a person who has gotten back their Filipino citizenship chooses to give it up, they will officially lose their Filipino citizenship and won’t be considered a Filipino citizen anymore. Once someone voluntarily gives up their citizenship, they lose it according to Philippine law. Sadly, RA 9225 does not provide a way for them to get it back.
He Could Have Avoided the Complications
The ex-husband might have missed his second chance to regain his Filipino citizenship, but on the bright side, he found a second chance in marriage!
Going through these legal waters can be tricky, and decisions made in haste can lead to complications down the road. If you find yourself in a similar situation, it’s crucial to seek advice from a knowledgeable attorney who can guide you through the process and help you understand your options.
Don’t let a misstep create more challenges than necessary!
