Legislative Update

Balikbayan Law Amended

On 13 November 2002, President Gloria Macapagal-Arroyo signed into law, "An Act Instituting a Balibayan Program" which amended Republic Act 6768.

Under the revised law, balibayans may avail of additional benefits and privileges. These include an increase of the tax-exempt maximum purchase in all government-owned and controlled/operated duty free shops from US$ 1.000 to US$ 1.500. Purchases can also be made by the balikbayan within 15 calendar days from the date of arrival, instead of only two days as provided for the previous law. The new law also provides that during the Christmas season, which is from 15 November to 15 January, the privilege may be availed of within 30 calendar days. Further, senior citizens and handicapped balikbayans will be allowed to avail of the said privilege within one year from the date of arrival.

An additional Kabuyahan shopping privilege is extended to balikbayans for the purchase of livelihood tools, or instruments that are used in the practice og their trade, vocation or profession. They may spend a maximum amount of two thousand US dollars for the exclusive purchase of said tools.

The new law defines a balikbayan as a Filipino citizen who has been continuously out of the Philippine as for a period of at least one year, a Filipino overseas worker, or a former Filipino citizen and his/her spouse or children who are travelling with him/her, and comes or returns to the Philippines.

Dual Citizenship

Filipino who have become naturalized citizens in other countries may soon be able to enjoy the gift of choice with regard to retaining their Filipino citizenship.

On 23 October 2002, the Philippine Senate approved on third reading Senate Bill 2130 entitled, "Citizenship Retention and Re-acquisition Act of 2002". Under the proposed measure , natural-born citizens of the Philippines who become citizens of other countries shall be able to retain or re-acquire their Philippine citizenship unless, by their free, willful and voluntary act, they renounce under oath their Philippine citizenship before a Philippine consular official abroad or any public officer authorized by law to administer such oath.

A renunciation of Philippine citizenship made in connection with the naturalization process in a foreign country shall not be interpreted as "free, willful and voluntary act of renunciation".

Anti-Human Trafficking Bill

Another pending legislative proposal pertinent to Filipinos overseas concern trafficking in persons, especially woman and children.

The House of Representatives approved on third reading House Bill 4432, entitled the, "Anti-Trafficking in Persons Act of 2002" on May 2002. On the other hand, Committee Report No. 129 was submitted by the Senate Committee on Youth, Woman, and Family Relations on 9 December 2002 to consolidate nine pending senate bills which seek to address the issue of human trafficking.

Under the proposed bills as trafficking in persons are defined and enumerated. Said measures provide appropriate sanctions to penalize traffickers and strengthen law enforcement as well as the provision of a social support system and effective legal for trafficking victims.