QuestionsQuestions (Republic Act No. 9139)
RA 9139 is known as the “Administrative Naturalization Law of 2000.” It declares the State’s policy to control and regulate the admission and integration of aliens, including the grant of citizenship, through administrative proceedings subject to requirements tied to national security and interest.
To qualify, the applicant must be born in the Philippines and residing therein since birth; at least 18 years old at filing; of good moral character and must believe in the principles of the Constitution; have received primary and secondary education in recognized schools with Philippine history, government, and civics taught and not limited by race/nationality (and enroll minor children similarly); have a known trade/business/profession/lawful occupation with sufficient income for support (with a proviso related to college degree holders disqualified from practicing due to citizenship); be able to read, write and speak Filipino or dialects; and have mingled with Filipinos and shown sincere desire to learn and embrace Filipino customs and ideals.
Disqualifications include: opposition to organized government or affiliation with groups teaching doctrines opposing organized government; defending/teaching violence for success of ideas; polygamy or belief in polygamy; conviction of crimes involving moral turpitude; mental alienation or incurable contagious diseases; not having mingled socially with Filipinos or not showing sincere desire to embrace Filipino customs/ideals during residence; being a citizen/subject with whom the Philippines is at war during such war; and being from a foreign country whose laws do not grant Filipinos the right to be naturalized.
The petition must state the applicant’s name(s); present and former residences; place and date of birth; names and citizenship of parents and their residences; trade/business/profession/occupation (and spouse’s occupation if married); marital status and details of marriage/annulment; children’s details if any; declarations of possession of qualifications and none of disqualifications; declaration never to be a public charge; and true intention to acquire citizenship and renounce any prior sovereignty, particularly the country of citizenship.
The petition must be accompanied by: certified copies of birth certificate; alien certificate of registration and native born certificate of residence; marriage/death/annulment documents if applicable; birth documents of minor children if applicable; affidavit of financial capacity; sworn statements on good moral character by at least two reputable Filipino citizens who personally know the applicant for at least 10 years; medical certificate (no prohibited drugs/drug dependence and no AIDS); school diploma and transcript (plus certification for children’s enrollment if minor children exist); and if gainfully employed, income tax returns for the past three years.
It is chaired by the Solicitor General and includes the Secretary of Foreign Affairs (or representative) and the National Security Adviser. It has the power to approve, deny, or reject applications for naturalization under RA 9139.
Within 15 days from receipt, the Committee determines whether the petition is complete in form and substance. If complete, it publishes pertinent portions once a week for three consecutive weeks and posts copies publicly; it furnishes copies to DFA, BI, the local civil registrar, and NBI, which must submit reports within 30 days from receipt, stating whether petitioner has derogatory records or relevant adverse information.
The petition is dismissed without prejudice.
Within 60 days from receipt of agency reports or from the date of last publication (whichever is later), the Committee reviews all relevant information. It may call the petitioner for interview to ascertain identity, authenticity of petition and annexes, and truthfulness of statements. If it receives adverse information, it must allow the petitioner to answer, explain, or refute.
Within 30 days from notice of approval, the applicant pays a naturalization fee of PHP 100,000 (PHP 50,000 upon approval and PHP 50,000 upon taking oath). A certificate of naturalization is issued. The applicant must take an oath of allegiance within 60 days from issuance, upon proof of payment and certificate. Failure to take the oath within the period results in the approval being deemed abandoned.
Within five days after the applicant takes the oath, the BI forwards a copy of the oath to the proper local civil registrar, and cancels the applicant’s alien certificate of registration.
Under Section 11, after approval and cancellation of applicant’s alien certificate, the alien lawful wife and minor children may file a petition for cancellation of their alien certificates of registration with the Committee (with filing fee PHP 20,000 and naturalization fee PHP 40,000, paid in two PHP 20,000 installments upon approval and upon oath). Under Section 12, if the applicant is a married woman, her alien husband is not benefited by her approval; only her minor children may file for cancellation with the BI under existing laws.
Grounds include: false statement/misrepresentation or violation of law/rules in connection with the petition, or obtaining citizenship fraudulently/illegally; establishing permanent residence in a foreign country within five years next following grant (with prima facie intent rules); allowing oneself to be used as a dummy violating constitutional/legal provisions requiring Philippine citizenship as a condition for rights/franchises/privileges; or committing acts inimical to national security. Also, if holding hereditary titles/order of nobility, an express renunciation must be made before the Committee.
A person who fraudulently falsifies/forges/changes/alters or aids another, or purposefully assists obtaining a naturalization certificate in violation of the Act, is punished by a fine not more than PHP 500,000 and imprisonment not more than five years; if the person convicted is a naturalized citizen, the certificate of naturalization shall be cancelled if not earlier cancelled by the Committee.
Any person who failed to register his/her birth with the concerned city/municipal civil registrar may, within two years from the effectivity of the Act, file a petition for acquisition of Philippine citizenship, provided they possess all qualifications and none of the disqualifications and subject to requirements of existing laws.
Twenty-five percent (25%) of the filing fee accrues to the University of the Philippines Law Center, and another 25% is allotted for publication of the Journal of the House of Representatives; these amounts are treated as receipts automatically appropriated.