Q. Hello attorney . I was browsing the net and came across your column . My concern is my immigration status in the Philippines. Years back, I applied for a recognition as a Filipino citizen and just recently I was approved by the Bureau of Immigration(BI) .
My dad was an American and my mom is a Filipino. I was born in Olongapo, Zambales, Philippines inside the American base on 1987.
When I was a little child or sometime in the middle of 1987, we went to the USA and settled their until 1994, when I came back and stayed in the Philippines, since then and until now .
I’m planning to go back to the State in few months. However, a friend of mine told me that I need to have a dual citizenship. Otherwise, the Philippine immigration will stop me at the airport and make me pay large sum of money for having overstayed in the Philippines, even though I was already recognized as a Filipino citizen. Is this true? I’m really confused. Please help me.
Ans: The fact that you were issued a recognition by the Philippine Bureau of Immigration (BI) clearly shows that you are a Filipino citizen pursuant to the 1973 and 1987 constitutions which provides that a child born with a Filipino parent or parents are considered as Filipino citizen regardless of where the child is born.
This is the reason and the legal basis, why you were extended recognition by the Philippine Bureau of Immigration authorities, as a Filipino citizen. In other words, you have a dual citizenship from the time you were born. A Filipino and a US citizen.
As such and considering that you were already recognized as Filipino citizen by the Bureau of Immigration, you have legal right to stay and reside in the Philippines, and to exercise such other rights and obligations as provided for by the Constitution and the laws of the country, just like the rest of the Filipinos. Having such right, you cannot be penalized for overstaying in the Philippines .
Thus, if you are already at the airport and immigration authorities will attempt to call your attention of your having over stayed in the Philippines, just present to them your CERTIFICATE OF RECOGNITION, and/or a duly issued and valid Philippine passport , as proof of your Philippine citizenship.
It is further suggested prior to your departure to the USA, that you confer with your lawyer and/or with the BI authorities in the Philippines about your status, in conjunction with the above submission and the information relayed to you by this column , for your peace of mind and guidance.
Thank you for writing and for being part of the Batas Pinoy global community.
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