Purpose and integration policy
- Letter of Instruction No. 491 is issued “in order to enhance the integration into the national fabric” by granting Philippine citizenship to deserving aliens through naturalization by decree.
- Letter of Instruction No. 491 sets qualification standards to ensure applicants are suitable for citizenship and are aligned with Philippine constitutional principles, community conduct, and lawful livelihood.
Special Committee on Naturalization powers
- Letter of Instruction No. 491 authorizes the committee (as Chairman and members) to receive anew applications for naturalization by decree from aliens residing in the Philippines.
- Letter of Instruction No. 491 directs the committee to submit appropriate recommendations to the responsible official (referred to as “me”) on who among the applicants is eligible and qualified for naturalization by decree, based on the committee’s available data.
- Letter of Instruction No. 491 authorizes the committee to promulgate additional rules and regulations, prescribe appropriate forms, and collect appropriate fees for the effective and expeditious implementation of the instructions.
Coverage and core eligibility window
- Letter of Instruction No. 491 covers any alien residing in this country who applies for naturalization by decree before the filing deadline stated in the instruction.
- The applicant must meet the stated qualifications and must not be under any enumerated disqualifications.
- Letter of Instruction No. 491 requires the applicant to be at least 18 years of age on the date of the filing of the petition.
- The application is processed as a petition for naturalization by decree, with the committee evaluating qualifications and recommending eligibility.
Qualification requirements (all applicants)
- Age: An applicant must not be less than 18 years of age on the date of the filing of his petition.
- Legal admission: If born in a foreign country, the applicant must have been legally admitted into the Philippines either as an immigrant or non-immigrant.
- Continuous residence: The applicant must have continuous residence in the Philippines of ten (10) years, reduced to five (5) years if the applicant has any qualifying special status listed.
- Good moral character and constitutional belief: The applicant must be of good moral character and must believe in the principles underlying the Philippine Constitution; the applicant 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.
- Sufficient livelihood: The applicant must have a known trade, business, profession, assets or lawful occupation from which he derives income sufficient for support, including that of the family if married or with dependents.
- Waivable study requirement: The applicant must be able to speak and write Pilipino or any of the principal Philippine dialects; if the committee, in its opinion, finds the applicant otherwise clearly-qualified for naturalization by decree, the requirement to know how to write Pilipino or any principal Philippine dialect may be waived or dispensed with.
- School enrollment of minor children: The applicant must have enrolled minor children of school age in any public or private schools recognized by the Department of Education and Culture during the required residence period prior to filing.
- Social integration and desire to embrace Filipino life: During the residence period, the applicant must have mingled socially with the Filipinos and shown a sincere desire to learn and embrace Filipino customs, traditions, and ideals.
Reduced residence period and special qualifications
- The continuous residence period of ten (10) years is reduced to five (5) years for applicants with any of the following special qualifications:
- Having honorably held office under the Government of the Philippines or under any province, city, municipality, or political subdivision;
- Having established a new industry or introduced a useful invention in the Philippines;
- Being married to a Filipino;
- Having been engaged as a teacher in the Philippines in a public or recognized private school (not established for the exclusive instruction of children of persons of a particular nationality or race) in any branches of education or industry, for a period of not less than two years;
- Having been born in the Philippines.
- If the applicant meets the special qualification under this reduced-period rule, the residence requirement becomes five (5) years instead of ten (10) years.
Waiver of sufficient income/livelihood requirement
- Letter of Instruction No. 491 provides that the livelihood/support requirement may be waived with respect to bona fide students at least 18 years of age who, based on their qualifications and potentials, can become useful citizens.
Disqualifications (grounds barring naturalization)
- Opposition to organized government: The applicant must not be opposed to organized government or affiliated with any association or group that upholds and teaches doctrines opposing all organized governments.
- Advocacy of violence: The applicant must not defend or teach the necessity or propriety of violence, personal assault, or assassination for the success and predominance of ideas.
- Polygamy: The applicant must not be a polygamist or a believer in the practice of polygamy.
- Crime involving moral turpitude: The applicant must not have been convicted of any crime involving moral turpitude.
- Mental alienation or incurable contagious disease: The applicant must not be suffering from mental alienation or any incurable contagious disease.
Special category: aliens born of Filipino mothers
- An applicant born of a Filipino mother before the effectivity of the new Constitution and who has resided continuously in the Philippines since birth is considered qualified without need of any further qualification.
- This special rule still requires that the applicant is at least 18 years of age.
- This special rule does not remove the requirement that the applicant does not suffer from the disqualifications enumerated in the instruction.
Application requirements and filing deadline
- The application must be filed in triplicate.
- The application must be signed and verified by the petitioner himself.
- The application must be accompanied by photographs.
- The application must be supported by certified true or xerox copies of the applicant’s certificate of arrival (if any), Alien Certificate of Registration, and Immigrant Certificate of Residence (if any).
- The application must be supported by separate affidavits of two credible witnesses stating that:
- The witnesses have personally known the petitioner for the period of time required under the residence rule;
- The petitioner is a person of good repute and morally irreproachable;
- In the witnesses’ opinion, the petitioner has all qualifications necessary to become a citizen and is not disqualified under the instruction.
- The application must be filed with the Special Committee on Naturalization not later than March 31, 1977.
Implementation, forms, fees, and procedural recommendations
- The committee evaluates applications based on data available to it and provides appropriate recommendations identifying which applicants are eligible and qualified.
- The committee is empowered to promulgate additional rules and regulations and to prescribe forms necessary for effective and expeditious implementation.
- The committee is authorized to collect appropriate fees for implementation and processing.
Administrative linkage through amendments
- Letter of Instruction No. 491 amends Letters of Instructions Nos. 270 and 283 on the same subject by replacing the relevant naturalization requirements and procedural directions for applications by aliens residing in the Philippines.