QuestionsQuestions (Commonwealth Act No. 473)
The applicant must be not less than twenty-one (21) years of age on the day of the hearing of the petition.
The applicant must have resided in the Philippines for a continuous period of not less than ten (10) years.
The applicant must be of good moral character; must believe in the principles underlying the Philippine Constitution; and must have conducted himself in a proper and irreproachable manner during the entire period of residence in relation with the constituted government and the community.
The applicant must own real estate worth at least five thousand pesos (Philippine currency) in the Philippines, or must have some lucrative trade, profession, or lawful occupation.
The applicant must be able to speak and write English or Spanish and any one of the principal Philippine languages.
The applicant must have enrolled his minor children of school age in public schools or private schools recognized by the Office of Private Education of the Philippines where Philippine history, government, and civics are taught or prescribed as part of the curriculum during the entire period of required residence prior to the hearing of the petition.
It is reduced to five (5) years if the applicant has any of the enumerated special qualifications such as: holding honorably government office; establishing a new industry or introducing a useful invention; being married to a Filipino woman; being a teacher in the Philippines for at least two years; or being born in the Philippines.
Disqualified persons include: those opposed to organized government or affiliated with groups teaching doctrines opposing organized government; those defending or teaching violence/assassination; polygamists or believers in polygamy; persons convicted of crimes involving moral turpitude; persons suffering from mental alienation or incurable contagious diseases; those who failed to mingle socially with Filipinos or did not evince sincere desire to learn customs and ideals; citizens/subjects of nations at war with the US and the Philippines during the war; and citizens/subjects of countries (other than the US) whose laws do not grant Filipinos the right to become naturalized citizens or subjects.
One year prior to filing the petition, the applicant must file with the Bureau of Justice a declaration under oath of bona fide intention to become a citizen of the Philippines.
It must include the applicant’s name, age, occupation, personal description, place of birth, last foreign residence and allegiance, date of arrival, name of vessel/aircraft if any, place of residence in the Philippines at time of making the declaration, compliance with school enrollment requirement for minor children (if any), and submission of two photographs.
No declaration is valid until lawful entry for permanent residence is established and a certificate showing date, place, and manner of arrival has been issued.
No. Under Section 6, the widow and minor children may be naturalized without making any declaration of intention, provided they comply with the other provisions of the Act.
The Court of First Instance of the province where the petitioner has resided at least one year immediately preceding the filing of the petition.
The hearing cannot be held within thirty (30) days preceding any election. It must be held no earlier than ninety (90) days from the date of the last publication of the notice.
The Solicitor-General, either personally or through a delegate or the provincial fiscal concerned, must appear on behalf of the Commonwealth at all proceedings and at the bearing.
The applicant must renounce absolutely and forever all allegiance and fidelity to any foreign prince/potentate/state/sovereignty (particularly the one of which he is a subject/citizen), support and defend the Constitution of the Philippines, obey laws and legal orders, recognize and accept the supreme authority of the United States in the Philippines, and declare the obligation is voluntary without mental reservation or purpose of evasion.
A competent judge may cancel upon motion by the Solicitor-General or proper provincial fiscal, on grounds including: certificate obtained fraudulently or illegally; return to native/foreign country and establishment of permanent residence within five years (with prima facie evidence rules); petition made on an invalid declaration of intention; failure of minor children to graduate from recognized schools where Philippine history/government/civics are taught due to parents’ fault; use as a dummy violating citizenship requirements for rights/franchises/privileges.
Fraudulent falsification/forgery/alteration or aiding in obtaining certificates in violation of the Act is punishable by a fine not exceeding five thousand pesos or imprisonment not exceeding five years, or both; if the convicted person is a naturalized citizen, the naturalization certificate and its civil registry registration must be cancelled.
No person shall be prosecuted, charged, or punished unless the information or complaint is filed within five (5) years from the detection or discovery of the commission of the offense.