RIGHTS OF FORMER NATURAL BORN FILIPINOS TO ENGAGE IN RETAIL TRADE

Read also: ON ADMINISTRATIVE NATURALIZATION

• Philippine retail industry was liberalized to encourage Filipino and foreign investors to forge an efficient and competitive retail trade sector in the interest of empowering the Filipino consumer through lower prices, higher quality of goods, better services and wider choices.

• Any natural born Filipino citizen who has lost his Philippine citizenship and who has legal capacity to enter into a contract under Philippine laws may be allowed to engage in retail trade.

• A natural born Filipino citizen who has lost his Philippine citizenship may engage in retail trade provided that he resides in the Philippines.

Pursuant to Retail Trade Liberalization Act of 2000 or RA 8762, the Philippine retail industry was liberalized to encourage Filipino and foreign investors to forge an efficient and competitive retail trade sector in the interest of empowering the Filipino consumer through lower prices, higher quality of goods, better services and wider choices.

Under the Retail Trade Liberalization Act, may former natural born Filipinos engage in retail trade?

Yes.

The Implementing Rules and Regulations of Republic Act No. 8762 provides that:

Any natural born Filipino citizen who has lost his Philippine citizenship and who has legal capacity to enter into a contract under Philippine laws may be allowed to engage in retail trade, provided that he resides in the Philippines.

• Documentary Evidences

Any person who meets the requirements shall be considered as a Filipino citizen, upon showing any of the following documents:

1. Copy of birth certificate
   1. certified by the local civil registrar or the National Statistics Office; or
   2. for those born abroad, certificate of birth from the appropriate government agency of the country where the birth is recorded showing the father or mother to be a Filipino at the time of birth or if the citizenship of the parents is not indicated, additional proof that the parent/s is a Filipino citizen or has not lost his/her Filipino citizenship at the time of the applicant’s birth; or
   3. those born before 17 January 1973 of Filipino mothers must additionally submit all of the following: certified true copies of his/her sworn statement of election of Filipino citizenship, oath of allegiance from the civil registrar where the documents were filed and/or forwarded, and identification certificate issued by the Bureau of Immigration;
2. In case of loss and/or destruction of the record of birth or non-registration of birth:
   1. Certificate of non-availability of birth certificate on account of loss and/or destruction of birth record from the local civil registrar and/or appropriate government agency if birth was registered abroad; or
   2. copy of birth certificate of mother or father certified by the local civil registrar or the NSO; and (iii) affidavit of two (2) disinterested persons attesting to their personal knowledge that at the time of the applicant’s birth, the child was born of a Filipino mother or father.

Any document executed or issued abroad must be authenticated by the Philippine Embassy/Consulate having jurisdiction over the place of execution or issuance of the document.

Thus, a former natural born Filipinos may engage in retail trade provided he/she can provided that he/she resides in the Philippines and the he/she has proof of his/her Filipino citizenship.

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Alburo Alburo and Associates Law Offices specializes in business law and labor law consulting. For inquiries, you may reach us at info@alburolaw.com, or dial us at (02)7745-4391/0917-5772207.

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