Administrative Naturalization Law of 2000

Policy, purpose, and guiding principle

The State controls and regulates the admission and integration of aliens into its territory and body politic, including the grant of citizenship.
Republic Act No. 9139 allows certain aliens born and residing in the Philippines to acquire citizenship through administrative proceedings subject to national security and national interest requirements.

Who may apply under the law

Republic Act No. 9139 covers any person desiring to acquire Philippine citizenship by administrative naturalization.
The applicant must be the one who files the petition and must satisfy all required qualifications.
The petition process is administered by the Special Committee on Naturalization under Section 6.

Qualifications required for naturalization

An applicant must be born in the Philippines and residing therein since birth.
An applicant must be not less than eighteen (18) years of age at the time of filing of the petition.
An applicant must be of good moral character and must believe in the underlying principles of the Constitution.
An applicant must have conducted himself/herself in a proper and irreproachable manner during the entire period of residence, including relations with the government and the community.
An applicant must have received primary and secondary education in a public school or a private educational institution duly recognized by the Department of Education, Culture and Sports, where Philippine history, government and civics are taught and prescribed in the curriculum, and where enrollment is not limited to any race or nationality.
If the applicant has minor children of school age, the applicant must have enrolled them in similar schools.
An applicant must have a known trade, business, profession or lawful occupation that provides income sufficient for support; if married and/or with dependents, sufficient income for the applicant’s family.
The income/support qualification does not apply to applicants who are college degree holders but are unable to practice their profession because they are disqualified to do so by reason of their citizenship.
An applicant must be able to read, write and speak Filipino or any of the dialects of the Philippines.
An applicant must have mingled with the Filipinos and evinced a sincere desire to learn and embrace the customs, traditions and ideals of the Filipino people.

Disqualifications barred from administrative naturalization

An applicant is disqualified if he/she is opposed to organized government or affiliated with any association or group that upholds and teaches doctrines opposing all organized governments.
An applicant is disqualified if he/she defends or teaches the necessity or propriety of violence, personal assault or assassination for the success or predominance of ideas.
An applicant is disqualified if he/she is a polygamist or a believer in polygamy.
An applicant is disqualified if convicted of crimes involving moral turpitude.
An applicant is disqualified if suffering from mental alienation or incurable contagious diseases.
An applicant is disqualified if, during residence, he/she has not mingled socially with Filipinos, or has not evinced a sincere desire to learn and embrace Filipino customs, traditions, and ideals.
An applicant is disqualified if he/she is a citizen or subject with whom the Philippines is at war, during the period of such war.
An applicant is disqualified if he/she is a citizen or subject of a foreign country whose laws do not grant Filipinos the right to be naturalized as citizens or subjects thereof.

Petition requirements and supporting documents

A person desiring Philippine citizenship must file a petition of five (5) copies that is legibly typed and signed, thumbmarked, and verified by the petitioner, with a passport-sized photograph attached to each copy.
The petition must be filed with the Special Committee on Naturalization created under Section 6.
The petition must state the applicant’s name and surname and any other name used or by which known.
The petition must state the applicant’s present and former places of residence.
The petition must state the applicant’s place and date of birth, the names and citizenship of parents, and the parents’ residences.
The petition must state the applicant’s trade, business, profession or occupation, and if married, the spouse’s trade/business/profession/occupation.
The petition must state whether the applicant is single or married, or if marriage is annulled, including dates, places, court decree details for marriage annulment.
The petition must state the applicant’s children’s name, date and birthplace, and residences.
The petition must include a declaration that the petitioner possesses all qualifications and none of the disqualifications under the Act.
The petition must include a declaration that the petitioner shall never be a public charge.
The petition must include a declaration of the petitioner’s true and honest intention to acquire Philippine citizenship and to renounce absolutely and forever any prince, potentate, State or sovereign, particularly the country of which the applicant is a citizen or subject.
The petition must be accompanied by:
- Duplicate original or certified photocopies of the applicant’s birth certificate.
- Duplicate original or certified photocopies of the applicant’s alien certificate of registration and native born certificate of residence.
- Duplicate original or certified photocopies of the applicant’s marriage certificate (if married), death certificate of spouse (if widowed), or court decree annulling the marriage (if applicable).
- Duplicate original or certified photocopies of birth certificate(s) and alien certificate/native born certificate of residence (if any) of minor children, where applicable.
- An affidavit of financial capacity and sworn statements on good moral character by at least two (2) Filipino citizens of good reputation who personally knew the petitioner for at least ten (10) years, stating that the petitioner has the qualifications and is not disqualified.
- A medical certificate stating the petitioner is not a user of prohibited drugs or otherwise drug-dependent, and is not afflicted with acquired immune deficiency syndrome (AIDS).
- School diploma and transcript of records for schools attended in the Philippines; if the petitioner has minor children, a certification that children are enrolled in a school where Philippine history, government and civics are taught as part of the curriculum.
- If gainfully employed, the applicant’s income tax return for the past three (3) years.

Special Committee on Naturalization

A Special Committee on Naturalization is constituted under Section 6, referred to as the “Committee.”
The Committee is chaired by the Solicitor General.
The Committee includes the Secretary of Foreign Affairs, or a representative, and the National Security Adviser as members.
The Committee has the power to approve, deny or reject applications for naturalization under the Act.
The Committee meets as often as practicable to consider applications.
The chairman and members receive honoraria per meeting attended: P2,000 for the chairman and P1,500 for each member.

How petitions are processed and decided

An alien who believes he/she meets the qualifications and has none of the disqualifications must file the application with the secretariat of the Special Committee on Naturalization and pay a processing fee of PHP 40,000.
Upon filing, the petition is stamped to show the date of filing and assigned a docket number.
Within fifteen (15) days from receipt, the Committee determines whether the petition is complete in substance and form.
If the petition is complete, the Committee must publish pertinent portions of the petition (showing the applicant’s name, qualifications, and personal circumstances) once a week for three (3) consecutive weeks in a newspaper of general circulation.
When complete, the Committee must also have copies of the petition posted in any public or conspicuous area.
When complete, the Committee must furnish copies of the petition and supporting documents to the Department of Foreign Affairs (DFA), Bureau of Immigration (BI), the civil registrar of the petitioner’s place of residence, and the National Bureau of Investigation (NBI).
The DFA, BI, civil registrar, and NBI must post copies in their offices and premises and must submit to the Committee, within thirty (30) days from receipt, a report on whether the petitioner has any derogatory record or other adverse relevant information.
If the petition is found wanting in substance and form, the petition is dismissed without prejudice.
Within sixty (60) days from receipt of the agencies’ report or the date of the last publication (whichever is later), the Committee must consider and review all relevant and material information.
The Committee may call the petitioner for an interview to ascertain identity, authenticity of petition and annexes, and truthfulness of statements and declarations.
If the Committee receives information adverse to the petition, it must allow the petitioner to answer, explain, or refute.
If the Committee finds the petitioner has all qualifications and none of the disqualifications, it must approve and notify the petitioner.
If the Committee does not so find, it must disapprove the petition.

Naturalization fee, oath, and certificate

After approval, the applicant must pay a naturalization fee of PHP 100,000.00 within thirty (30) days from receipt of notice of approval.
The naturalization fee is payable PHP 50,000 upon approval and PHP 50,000 upon taking of the oath of allegiance to the Republic of the Philippines.
A certificate of naturalization is issued upon payment of the first installment and after approval, and the applicant must take the oath of allegiance in the proper forum within sixty (60) days from issuance of the certificate, upon proof of payment of the required naturalization processing fee and certificate of naturalization.
If the applicant fails to take the oath of allegiance within the required period, the approval of the petition is deemed abandoned.
After oath-taking, the oath must be processed through the proper forum in the timing and manner established by the Act.

Immigration and civil registration duties

Within five (5) days after the applicant takes the oath, the Bureau of Immigration (BI) must forward a copy of the applicant’s oath to the proper local civil registrar.
After forwarding the oath, the BI must cancel the applicant’s alien certificates of registration.

Effects on alien spouse and minor children

After approval of the petition and cancellation of the applicant’s alien certificate of registration, the applicant’s alien lawful wife and minor children may file a petition for cancellation of their alien certificates of registration with the Committee.
The wife/children’s petition for cancellation requires payment of a filing fee of PHP 20,000.00 and a naturalization fee of PHP 40,000.00, payable PHP 20,000.00 upon approval and PHP 20,000.00 upon taking the oath of allegiance.
If the applicant is a married woman, approval of her petition for administrative naturalization does not benefit her alien husband.
In that case, the applicant’s minor children may file for cancellation of their alien certificates of registration with the BI under the requirements of existing laws.

Cancellation or revocation of citizenship

The Special Committee may cancel certificates of naturalization in these cases:
- The naturalized person or duly authorized representative makes false statements, misrepresentation, or commits any violation of law, rules and regulations in connection with the petition, or otherwise obtains citizenship fraudulently or illegally.
- The naturalized person, or the naturalized person’s wife, or minor child who acquired citizenship by virtue of the naturalization establishes permanent residence in a foreign country within five (5) years next following the grant of Philippine citizenship.
- The naturalized person, wife, or child with acquired citizenship is used as a dummy in violation of constitutional or legal provisions requiring Philippine citizenship as a condition for the exercise, use, or enjoyment of a right, franchise or privilege.
- The naturalized person, wife, or child commits any act inimical to national security.
For establishing intent to permanently reside abroad, remaining for more than:
- one (1) year in the country of origin, or
- two (2) years in any foreign country
  is prima facie evidence of intent to permanently reside there.
If the naturalized person holds any hereditary title or belongs to any order of nobility, he/she must make an express renunciation of the title or membership before the Special Committee or its duly authorized representative, and the renunciation must be included in the application records.

Criminal penalties for fraud and certificate misuse

Any person who fraudulently makes, falsifies, forges, changes, alters, or aids another person to do the same involving a naturalization certificate issued under the proceeding is punished by a fine of not more than PHP 500,000.00 and imprisonment of not more than five (5) years.
The penalty also applies to a person who purposely aids and assists in falsely making, forging, falsifying, changing, or altering a naturalization certificate so it may be used by another.
The penalty also applies to a person who purposely aids and assists another in obtaining a naturalization certificate in violation of the Act.
If the convicted person is a naturalized citizen, the certificate of naturalization must be ordered cancelled if it has not earlier been cancelled by the Special Committee.

Two-year route for unregistered births

Any person who failed to register his/her birth with the concerned city or municipal civil registrar may, within two (2) years from the effectivity of this Act, file a petition for acquisition of Philippine citizenship.
The applicant must possess all qualifications and none of the disqualifications under the Act and must comply with the requirements of existing laws.

Filing fee allocations

Twenty-five percent (25%) of the filing fee paid by applicants under Section 7 accrues to the University of the Philippines Law Center.
Another twenty-five percent (25%) of the filing fee is allotted for the publication of the Journal of the House of Representatives.
The allocated amounts are treated as receipts automatically appropriated.

Implementing rules and regulations

The Special Committee on Naturalization is authorized to promulgate rules and regulations needed for proper implementation of the Act.

Repeal, separability, and effectivity

All provisions of existing laws, orders, decrees, rules and regulations contrary to or inconsistent with the Act are repealed or modified accordingly.
If any part, section, or provision of the Act is declared invalid or unconstitutional, the remaining parts, sections, or provisions continue in force and effect.