Kinds of Naturalization
Having honorably held office under the
(a) Judicial naturalization refers to
naturalization by means of court judgment
pursuant to the Revised Naturalization
Act.
(b) Legislative naturalization refers to
naturalization by means of a direct act of
Congress, that is, by the enactment of a law
by the Congress declaring therein that a
foreigner is conferred citizenship and
admitted into the political community; and
(c) Administrative naturalization is
naturalization by means of administrative
proceedings before the Special Committee
on Naturalization pursuant to the
Administrative Naturalization Law of 2000.
PRIMER on JUDICIAL NATURALIZATION
What is Commonwealth Act No. 473
CA No. 473 or the Revised Naturalization Law is a
law signed to provide for the acquisition of
Philippine citizenship through Naturalization by
qualified alien individuals. It provides that after
hearing the petition for citizenship and receipt of
evidence showing that the petitioner has all the
qualifications and none of the disqualifications
required by law, the competent court may order
the issuance of the proper naturalization certificate
and the registration thereof in the proper civil
registry.
On the other hand, Republic Act (R.A.) No. 9139
provides that aliens born and residing in the
Philippines may be granted Philippine citizenship
by administrative proceeding by filing a petition for
citizenship with the Special Committee, which, in
view of the facts before it, may approve the
petition and issue a certificate of naturalization. In
both cases, the petitioner shall take an oath of
allegiance to the Philippines as a sovereign nation.
Jurisdiction
Exclusive or Original
RTC of the province in which the petitioner has
resided at least one year immediately preceding
the filing of the petition
Who are disqualified (Sec 4)
Qualifications
1. At least 21 years old on the date of the filing
of his petition
2. If born in a foreign country, he must have
been legally admitted into the Philippines
either as an immigrant or nonimmigrant
3. Have continuously reside in the Philippines
for 10 years, which period shall be reduced
to 5 years if with any of the following
qualifications is present:
a.
Government of the Philippines
b. Having established a new industry or
introduced a useful invention in the
Philippines;
c. Married to a Filipino woman;
d. Engaged as a teacher in the Philippines
in a public or recognized private school
not established for the exclusive
instruction of children of persons of a
particular nationality or race, in any of
the branches of education or industry for
a period of not less than two years;
e. Having been born in the Philippines.
4. Of good moral character, believes in the
principles underlying the Philippine
Constitution, and exhibited proper and
irreproachable conduct during the entire
period of his residence in the Philippines
5. Must have a known trade or business,
profession or lawful application, from which
he derives sufficient income for his support
and that of his family, if married.
Note: MAY BE WAIVED WITH RESPECT TO
BONA FIDE STUDENTS AT LEAST 18 YEARS
OF AGE WHO, ON THE BASIS OF THEIR
QUALIFICATIONS AND POTENTIALS, CAN
BECOME USEFUL CITIZENS OF THE
COUNTRY
6. Owners of real estate worth at least P5,000
or have known lucrative trade, profession,
or lawful occupation (not included in the
letters of instruction)
7. Able to speak and write Pilipino, English or
Spanish and any one of the principal
Philippine languages;
Note: THE REQUIREMENT THAT APPLICANT
SHOULD KNOW HOW TO WRITE PILIPINO OR
OTHER PRINCIPAL LANGUAGE MAY BE
WAIVED
8. Must have enrolled his minor children of
school age, in any of the public schools or
private schools recognized during the entire
period of the residence
9. Must have mingled socially with Filipinos
and evinced a sincere desire to learn and
embrace the customs, traditions and ideals
of Filipino people.
1. Persons opposed to organized government
or affiliated with any association or group of
persons who uphold and teach doctrines
opposing all organized governments;
2. Persons defending or teaching the necessity
or propriety of violence, personal assault, or
assassination for the success and
predominance of their ideas;
3. Polygamists or believers in the practice of
polygamy;
 4. Persons convicted of crimes involving moral
turpitude;
5. Persons suffering from mental alienation or
incurable contagious diseases;
Aliens born of Filipino mothers before
effectivity of the new Constitution
Considered qualified without need of any further
qualifications provided he does not suffer from the
disqualifications above enumerated.
Effect of Naturalization on the Wife and
Children
- Deemed citizen of the Philippines
- A foreign-born minor child dwelling in the
Philippines when his/her parent is
naturalized shall automatically become a
Philippine citizen
- A foreign-born minor child not in the
Philippines at the time the parent is
naturalized shall be deemed a Philippine
citizen only during his minority unless he
begins to reside permanently in the
Philippines when still a minor
- A child born outside of the Philippines after
the naturalization of his parent, shall be
considered a Philippine citizen, unless one
year after reaching the age of majority, he
fails to register himself as a Philippine
citizen
Record Books
The clerk of the court shall keep two books:
(1) A record of the petition and declarations of
intention in chronological order
(2) A record of naturalization certificates
Penalties for violation of this Act
Fine of not more than P5,000 OR imprisonment of
not more than 5 years OR both
In case of conviction, the certificate of
naturalization and the registration of the same shall
be ordered cancelled
What constitutes a Violation
1. To fraudulently make, falsify, forge, change,
alter, or cause or aid any person to do the
same, or
2. To purposely aid and assist in falsely
making, forging, falsifying, changing or
altering a naturalization certificate for the
purpose of making use thereof, or in order
that the same may be used by another
person or persons, and
3. To purposely aid and assist another in
obtaining a naturalization certificate in
violation of the provisions of this Act
Prescription
Within five (5) years from the detection or
discovery of a violation of the provisions of this Act.
Procedure
A. File a Declaration of Intention with the
OSG at least one year prior to the filing of
the petition
DECLARATION OF INTENTION
- A declaration under oath that it is bona
fide his intention to become a citizen of the
Philippines
- No declaration shall be valid until lawful
entry for permanent residence has been
established and a certificate showing the
date, place, and manner of his arrival has
been issued.
Persons Exempt from filing a Declaration of
Intention:
1. Those born in the Philippines and have
received their primary and secondary
education in public schools or those
recognized in the Philippines
2. Those who have resided continuously in the
Philippines for 30 years and have given
primary and secondary education to all their
children in schools recognized by the
Government
3. Widow and minor children of an alien who
has declared his intention to become a
citizen of the Philippines and dies before he
is actually naturalized.
B. File the Petition for Citizenship
- signed by the applicant in his own
handwriting
- accompanied with a copy of the (a)
Certificate of Arrival, if any (b)
Declaration of Intention and (c) Alien
Certificate of Registration and (d)
Immigrant Certificate of Residence.
- supported by the Affidavit of at least two
credible persons
Contents of the Affidavit:
1. that they are Filipino citizens
2. that they personally know that petitioner:
a. is a resident of the Philippines for the
period of time required
b. is a person of good repute and morally
irreproachable
c. has all the qualifications necessary to
become a citizen of the Philippines and
d. is not in any way disqualified under the
provisions of this Act.
Publication and Posting
(Duty the clerk of court at the expense of the
petitioner)
 - Once a week for THREE CONSECUTIVE
weeks in the Official Gazette AND in one of
the newspapers of general circulation where
the petitioner resides
- Copies of petition and a general notice of
the hearing shall be posted in a public and
conspicuous place in his office or in the
building where said office is located.
C. Hearing of the Petition
The hearing shall be public which shall not be held
within 90 days from the date of the last publication
of the notice
Solicitor General or his delegate or the provincial
fiscal concerned shall appear on behalf of the
Republic of the Philippines
No petition shall be heard within thirty days
preceding ANY election
D. Appeal to the Supreme Court
May be made at the instance of any of the parties
E. Issuance of the Certificate of
Naturalization
Before the naturalization certificate is issued, the
petitioner shall, in open court, take oath (Sec. 12)
When issued
After the lapse of thirty (30) days where no appeal
has been filed OR
Upon confirmation by the Supreme Court of the
decision of the court and said decision has become
final
Who issues
Clerk of Court which heard the petition
When executory (Sec. 1 RA No. 530)
Two years after promulgation of the decision
granting the application and after complying with
the following conditions:
a. Applicant has not left the Philippines during
the intervening period
b. Has dedicated himself continuously to a
lawful calling or profession
c. Has not been convicted of any offense or
violation of Government promulgated rules
or
d. Committed any act prejudicial to the
interest of the nation or contrary to any
Government announced policies
GROUNDS FOR CANCELLATION OF
NATURALIZATION CERTIFICATE
1. If it is shown that the naturalization
certificate was obtained fraudulently or
illegally
2. If the person naturalized shall, within 5
years next following the issuance of said
naturalization certificate, returns to his
native country or to some foreign country
established his permanent residence there
Prima facie evidence
a. Staying for more than one year in his
native country
b. Staying for more than two years in any
other foreign country
3. Petition was made on an invalid declaration
of intention
4. If it is shown that the minor children of the
person naturalized failed to graduate from a
public or private high school as recognized
by the Government
5. If the naturalized citizen has allowed himself
to be used as a dummy in violation of the
Constitutional or legal provisions requiring
Philippine citizenship as a requisite.
JURISPRUDENCE
Edison So vs. Republic of the Philippines
G.R. No. 170603
In naturalization proceedings, it is the burden of the
applicant to prove not only his own good moral
character but also the good moral character of
his/her witnesses, who must be credible
persons. Within the purview of the naturalization
law, a credible person is not only an individual who
has not been previously convicted of a crime; who
is not a police character and has no police record;
who has not perjured in the past; or whose affidavit
or testimony is not incredible. What must be
credible is not the declaration made but the person
making it. This implies that such person must have
a good standing in the community; that he is
known to be honest and upright; that he is reputed
to be trustworthy and reliable; and that his word
may be taken on its face value, as a good warranty
of the applicants worthiness.
Moy Ya Lim Yao vs. The Commissioner of
Immigration
GR No. L-21289
EFFECTS (of Naturalization)
The naturalization of an alien visitor as a Philippine
citizen logically produces the effect of conferring
upon him ipso facto all the rights of citizenship
including that of being entitled to permanently stay
in the Philippines outside the orbit of authority of
the Commissioner of Immigration vis-a-vis aliens, if
only because by its very nature and express
provisions, the Immigration Law is a law only for
aliens and is inapplicable to citizens of the
Philippines.
POLICY OF SELECTIVE ADMISSION
Particularly refers to a case where a citizenship is
sought to be acquired in a judicial proceeding for
naturalization. In such a case, the courts should no
doubt apply the national policy of selecting only
those who are worthy to become citizens. There is
here a choice between accepting or rejecting the
application for citizenship. But this policy finds no
application is cases where citizenship is conferred
by operation of law. In such cases, the courts have
no choice to accept or reject. If the individual
claiming citizenship by operations of law proves in
legal proceedings that he satisfies the statutory
requirements, they cannot do otherwise than to
declare that he is a citizens of the Philippines.
In Go vs Republic of the Philippines, the Court said
that the inclusion of present and former places of
residence in the petition is a jurisdictional
requirement, without which the petition suffers
from a fatal and congenital defect which cannot be
cured by evidence on the omitted matter at the
trial.
Ong v. Republic of the Philippines enumerates the
requirements of character witnesses, namely:
1. That they are citizens of the Philippines;
2. That they are "credible persons";
3. That they personally know the petitioner;
4. That they personally know him to be a resident
of the Philippines for the period of time required by
law;
5. That they personally know him to be a person of
good repute;
6. That they personally know him to be morally
irreproachable;
7. That he has, in their opinion, all the
qualifications necessary to become a citizen of the
Philippines; and
8. That he "is not in any way disqualified under the
provisions" of the Naturalization Law.
In vouching for the good moral character of the
applicant for citizenship, a witness, for purposes of
naturalization, must be a "credible" person or one
who has not been previously convicted of a crime;
who is not a police character and has no police
record; who has not perjured in the past; or whose
"affidavit" or testimony is not incredible. What must
be "credible" is not the declaration made, but the
person making it.
In Lim Ching Tian v. Republic, the Court explained
that the "law requires that a vouching witness
should have actually known an applicant for whom
he testified for the requisite period prescribed
therein to give him the necessary competence to
act as such.
A long line of cases reveals that the Court did not
hesitate in reversing grants of citizenship upon a
showing that the applicant had no lucrative income
and would, most likely, become a public charge. A
summary of some of these notable cases is in
order:
1. In the Matter of the Petition for Admission to
Philippine Citizenship of Engracio Chan also known
as Nicasio Lim.
2. In the Matter of the Petition of Antonio Po to be
admitted a Citizen of the Philippines.
3. In the Matter of the Petition of Tanpa Ong Alias
Pedro Tan to be admitted a Citizen of the
Philippines.
4. Keng Giok v. Republic.
5. Sy Ang Hoc vs. Republic.
6. In the Matter of the Petition to be admitted a
Citizen of the Philippines by Pantaleon Sia alias
Afredo Sia.
In Uy v. Republic however, the Court laid down the
public policy underlying the lucrative income
requirement as follows:
[T]he Court must be satisfied that there is
reasonable assurance not only that the applicant
will not be a social burden or liability but that he is
a potential asset to the country he seeks to adopt
for himself and quite literally, for his children and
his children's children.
Additionally, in Chua v. Republic, the Court said
that:
The economic qualification for naturalization may
be seen to embody the objective of ensuring that
the petitioner would not become a public charge or
an economic burden upon society. The requirement
relates, in other words, not simply to the time of
execution of the petition for naturalization but also
to the probable future of the applicant for
naturalization.