QuestionsQuestions (Republic Act No. 9139)
RA 9139 is the “Administrative Naturalization Law of 2000.” It provides the procedure by which certain aliens—specifically those born in the Philippines and residing there since birth—may acquire Philippine citizenship through administrative proceedings, subject to qualifications, disqualifications, and national security and interest requirements.
The law states that the State shall control and regulate the admission and integration of aliens into Philippine territory and the body politic, including the grant of citizenship to aliens, and that aliens born and residing in the Philippines may be granted citizenship through administrative proceedings under certain requirements related to national security and interest.
The applicant must: (1) be born in the Philippines and residing therein since birth; (2) be at least 18 years old at filing; (3) be of good moral character, believe in the principles of the Constitution, and have conducted oneself properly and irreproachably toward government and community; (4) have received primary and secondary education in schools where Philippine history, government, and civics are taught and enrollment is not limited by race/nationality (and enroll minor school-age children likewise); (5) have a known trade/business/profession/lawful occupation with sufficient income to support self and family (with an exception for college degree holders unable to practice due to citizenship disqualification); (6) be able to read, write, and speak Filipino or any Philippine dialect; and (7) have mingled socially with Filipinos and shown sincere desire to learn and embrace Filipino customs, traditions, and ideals.
The applicant must have received primary and secondary education in a public school or private educational institution duly recognized by the Department of Education, where Philippine history, government, and civics are taught as part of the curriculum and enrollment is not limited to any race or nationality. If the applicant has minor children of school age, they must be enrolled in similar schools.
An applicant is not qualified if they: (1) are opposed to organized government or affiliated with groups teaching doctrines opposing organized government; (2) defend or teach violence/personal assault/assassination for success or predominance of their ideas; (3) are polygamists or believe in polygamy; (4) are convicted of crimes involving moral turpitude; (5) suffer from mental alienation or incurable contagious diseases; (6) during residence did not mingle socially with Filipinos or did not show sincere desire to learn and embrace Filipino customs/traditions/ideals; (7) are citizens/subjects with whom the Philippines is at war during such war; and (8) are from a foreign country whose laws do not grant Filipinos the right to be naturalized.
The petition must contain: the petitioner’s names and aliases/other names; present and former residences; place/date of birth; parents’ names and citizenship and their residences; trade/business/profession/occupation (and spouse’s occupation if married); marital status and details of spouse/annulment if applicable; children’s details if any; declarations that the petitioner has all qualifications and none of the disqualifications; a declaration the petitioner shall never be a public charge; and a declaration of true intention to acquire Philippine citizenship and to renounce absolutely and forever any foreign sovereign/state—particularly the applicant’s country of citizenship.
The petition must be accompanied by: birth certificate (duplicate original or certified photocopy); alien certificate of registration and native-born certificate of residence (duplicate original or certified photocopy); marriage certificate (or spouse death certificate if widowed, or court annulment decree if applicable); similar documents for minor children if applicable; affidavits on financial capacity; sworn statements on good moral character by at least two (2) Filipino citizens of good reputation who personally knew the petitioner for at least 10 years; medical certificate (not a user of prohibited drugs and not drug dependent; and not afflicted with AIDS); school diploma and transcript of records; if minor children exist, a certification they are enrolled in appropriate schools; and if gainfully employed, income tax return for the past three (3) years.
The Committee is chaired by the Solicitor General, with the Secretary of Foreign Affairs (or representative) and the National Security Adviser as members. It has the power to approve, deny, or reject applications for naturalization under the law.
After filing with the Committee secretariat and paying the processing fee, the petition is docketed. Within 15 days, the Committee determines completeness in substance and form. If complete, it orders publication once a week for 3 consecutive weeks in a newspaper of general circulation and posting in public areas; it furnishes copies to DFA, BI, civil registrar, and NBI, which must submit reports within 30 days regarding derogatory records or adverse information. If wanting, petition is dismissed without prejudice. Then, within 60 days from receipt of agency reports or last publication date (whichever later), the Committee reviews the information and may call the petitioner for interview to ascertain identity/authenticity and truthfulness. If adverse information exists, petitioner is allowed to answer. The Committee then approves if fully qualified and not disqualified; otherwise, it disapproves.
The petition shall be dismissed without prejudice.
Within 30 days from notice of approval, the applicant must pay a naturalization fee of P100,000: P50,000 upon approval and P50,000 upon taking the oath of allegiance, after which a certificate of naturalization is issued. The applicant must take the oath within 60 days from issuance of the certificate, upon proof of payment of the required processing fee. If the applicant fails to take the oath within that period, the approval is deemed abandoned.
Within five (5) days after the oath is taken, the BI must forward a copy of the applicant’s oath to the proper local civil registrar. It must then cancel the applicant’s alien certificates of registration.
Section 11: After approval and cancellation of the applicant’s alien certificate, the alien wife and minor children may file with the Committee for cancellation of their alien certificates, subject to filing fee (P20,000) and naturalization fee (P40,000), with payment split upon approval and upon oath. Section 12: If the applicant is a married woman, approval does not benefit her alien husband; however, her minor children may file with the BI for cancellation of alien certificates subject to existing laws.
Any person who fraudulently falsifies/forges/changes/alters or causes such acts to be done, or purposely aids/assists in obtaining or using a naturalization certificate in violation of the Act, may be punished by a fine of up to P500,000 and imprisonment of up to five (5) years. If the convicted person is a naturalized citizen, the certificate may be ordered cancelled (if not earlier cancelled by the Committee).
If a person failed to register their birth with the proper civil registrar, they may file within two (2) years from the effectivity of the Act a petition for acquisition of Philippine citizenship, provided they possess all qualifications and none of the disqualifications and subject to existing laws’ requirements.