Law Summary
Qualifications for Naturalization
- Must be at least 21 years old at petition hearing.
- Must have resided continuously in the Philippines for at least 10 years.
- Must be of good moral character, respect the Constitution, and have conducted himself properly during residency.
- Must own real estate worth at least 5,000 pesos or have a lawful occupation.
- Must be able to speak and write either English or Spanish and a principal Philippine language.
- Must have enrolled minor children of school age in recognized schools teaching Philippine history, government, and civics.
Reduced Residency Period for Special Qualifications
- Residency period reduced to 5 years if the petitioner:
- Held government office.
- Established new industry or introduced useful invention.
- Is married to a Filipino woman.
- Has taught in public or recognized private schools for at least 2 years.
- Was born in the Philippines.
Disqualifications for Naturalization
- Opposition to organized government or affiliation with groups teaching anti-government doctrines.
- Advocacy of violence or assassination.
- Polygamists or believers in polygamy.
- Convicted of crimes involving moral turpitude.
- Mentally alienated or suffering from incurable contagious diseases.
- Failure to mingle socially or embrace Filipino customs during residency.
- Citizens of countries at war with the US and Philippines during the war period.
- Citizens of countries whose laws do not allow Filipinos to naturalize.
Declaration of Intention
- Must be filed one year before petition, under oath.
- Must include personal details, arrival information, and residence.
- Requires lawful entry and arrival certificate.
- Requires enrollment of minor children in recognized schools covering Philippine civics.
- Two photographs must be furnished.
Exceptions for Widow and Minor Children
- Widow and minor children of an alien who dies after filing declaration of intention may be naturalized without their own declaration.
Filing and Contents of Petition
- Petition filed with competent court in triplicate with two photographs.
- Must include detailed personal, residency, family, and arrival information.
- Declaration of qualifications and non-disqualification.
- Support affidavit from two credible Filipino witnesses.
- Declaration of intention and certificate of arrival must be attached.
Jurisdiction
- The Court of First Instance where the petitioner has resided for at least one year has exclusive jurisdiction.
Notification and Publication
- Clerk must publish the petition once a week for 3 weeks in Official Gazette and local newspaper.
- Notice includes petitioner’s details and hearing date (hearing not before 90 days after last publication).
- Copies sent to Department of Interior, Bureau of Justice, provincial constabulary, and local justice of the peace.
Hearing
- No hearing within 30 days before elections.
- Hearing is public.
- Solicitor-General must appear on behalf of the government.
- Court issues naturalization certificate and orders registration if petitioner qualifies.
Appeal
- Final judgment may be appealed to the Supreme Court by either party.
Issuance of Naturalization Certificate
- Issued if no appeal within 30 days or if Supreme Court affirms decision.
- Certificate includes detailed personal and case information with affixed photograph.
- Petitioner must take oath renouncing foreign allegiances, supporting the Philippine Constitution, obeying laws, and acknowledging U.S. authority over the Philippines.
Record Keeping
- Clerk keeps two books: one for petitions and declarations, another for certificates.
- Copies are given to the petitioner.
Fees
- Thirty pesos filing and processing fee.
- Twenty-four pesos fee for each appeal to Supreme Court.
Effect of Naturalization on Spouse and Children
- Filipino citizenship automatically conferred on lawful wife.
- Minor children born in the Philippines considered citizens.
- Foreign-born minor children residing in the Philippines at the time of parent’s naturalization automatically citizens.
- Foreign-born minor children not residing in Philippines only citizens during minority unless they reside permanently.
- Children born abroad after naturalization are citizens unless they fail to register and take oath within one year after majority.
Rights of Widow and Children if Petitioner Dies
- Widow and minor children may continue the naturalization proceedings.
- Decision applies to them as if rendered during petitioner’s life.
Renunciation of Hereditary Titles
- Petitioners with hereditary titles or nobility orders must renounce them in court.
- Renunciation recorded unless National Assembly consents otherwise.
Cancellation of Naturalization Certificate
- Court may cancel certificate upon motion by Solicitor-General or provincial fiscal if:
- Certificate was fraudulently or illegally obtained.
- Naturalized person resides permanently abroad within 5 years.
- Invalid declaration of intention.
- Failure of minor children to graduate from recognized schools due to parental neglect.
- Person used as a "dummy" contrary to constitutional or legal provisions.
- Certified copy of cancellation sent to Department of Interior and Bureau of Justice.
Penalties for Violations
- Falsifying or aiding false naturalization certificates:
- Fine up to 5,000 pesos, imprisonment up to 5 years, or both.
- Naturalization certificate of convicted naturalized citizen is cancelled.
Prescription Period
- Prosecution for violations must be initiated within 5 years from discovery.
Enforcement and Regulation
- Secretary of Justice to issue regulations.
- Solicitor-General to prepare certificate blanks subject to approval.
Repealing Clause and Effect on Prior Proceedings
- Repeals prior Acts 2927 and 3448 but does not affect existing cases or actions.
Effectivity
- Act takes effect upon approval (June 17, 1939).