QuestionsQuestions (LETTER OF INSTRUCTION NO. 491)
LOI No. 491 amends LOI No. 270 to enhance the integration of deserving aliens into the national fabric by setting qualifications and disqualifications for naturalization by decree and the related application/procedural requirements.
The Solicitor General Estelito P. Mendoza, Undersecretary of Foreign Affairs Manuel Collantes, and Director General Fabian Ver of the NISA are designated as Chairman and members of the Special Committee on Naturalization, authorized to receive applications anew and submit recommendations.
The applicant must be at least 18 years old on the date of filing of the petition.
He must have been legally admitted into the Philippines either as an immigrant or non-immigrant.
Continuous residence in the Philippines for ten (10) years.
It is reduced to five (5) years for applicants who fall under any special qualifications: (1) honorably held office; (2) established a new industry or introduced a useful invention; (3) married to a Filipino; (4) engaged as a teacher in the Philippines in a public or recognized school for at least two years; or (5) born in the Philippines.
He must be of good moral character, believes in the principles underlying the Philippine Constitution, and has conducted himself in a proper and irreproachable manner with both the constituted government and the community throughout his residence.
He must have a known trade, business, profession, assets, or lawful occupation from which he derives income sufficient for his support; if married or with dependents, the income must also support his family. This may be waived for bona fide students at least 18 with qualifications and potentials to become useful citizens.
The applicant must be able to speak and write Pilipino or any of the principal Philippine dialects, with a waiver possible if the Committee finds him otherwise clearly qualified for naturalization by decree (specifically, the requirement to write may be waived).
He must have enrolled his minor children of school age in public or private schools recognized by the Department of Education and Culture during the required period of his residence prior to filing the petition.
During his residence, he must have mingled socially with Filipinos and shown a sincere desire to learn and embrace Filipino customs, traditions, and ideals.
Examples include: (a) opposition to organized government or affiliation with groups teaching doctrines opposing all organized governments; (b) defending or teaching violence/personal assault/assassination for success of ideas; (c) polygamy or belief in polygamy; (d) conviction of a crime involving moral turpitude; (e) suffering from mental alienation or any incurable contagious disease.
Yes. If the applicant was born of a Filipino mother before the effectivity of the new Constitution and has resided continuously in the Philippines since birth, he is considered qualified without need of further qualification, provided he is at least 18 years of age and does not suffer from the enumerated disqualifications.
The application must be in triplicate, signed and verified by the petitioner, accompanied by photographs, and certified true or xerox copies of certificate of arrival (if any), Alien Certificate of Registration, and Immigrant Certificate of Residence (if any), and supported by separate affidavits of two credible witnesses who personally know the petitioner for the required period and attest to good repute, moral irreproachability, qualifications, and absence of disqualifications.
Applications shall be filed with the Committee not later than March 31, 1977.
Based on available data, the Committee must submit appropriate recommendations to the President as to which applicants are eligible and qualified for naturalization by decree.
It authorizes them to promulgate additional rules and regulations, prescribe appropriate forms, and collect appropriate fees for the effective and expeditious implementation of the instructions.
It expressly amends Letters of Instructions Nos. 270 and 283, on the same subject (naturalization requirements/procedures).
While the applicant must be able to speak and write, the requirement that he should know how to write Pilipino or any principal Philippine dialect may be waived or dispensed with if the Committee, in its opinion, finds the applicant otherwise clearly qualified for naturalization by decree.