Revised Naturalization Law of the Philippines

Policy, purpose, and legislative basis

The law establishes a comprehensive system for naturalization as a mode of acquiring Philippine citizenship. Title of Act (Sec. 1).
The Act expressly repeals prior naturalization statutes and provides that preserved prosecutions and proceedings remain governed by the repealed provisions. Section 22.

Who may apply and key qualifications

Section 2 allows any person with the listed qualifications to become a Philippine citizen by naturalization, subject to the disqualifications in Section 4.
Applicants must be not less than twenty-one years of age on the day of the hearing of the petition. Section 2(First).
Applicants must have resided in the Philippines for a continuous period of not less than ten years. Section 2(Second).
Applicants must be of good moral character and believe in the principles underlying the Philippine Constitution, and must have conducted themselves in a proper and irreproachable manner throughout the period of residence in relation with the government and the community. Section 2(Third).
Applicants must own real estate in the Philippines worth not less than five thousand pesos (Philippine currency), or must have some know lucrative trade, profession, or lawful occupation. Section 2(Fourth).
Applicants must be able to speak and write English or Spanish and any one of the principal Philippine languages. Section 2(Fifth).
Applicants must have enrolled their 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 before the petition hearing. Section 2(Sixth).

Reduced residency and special qualifications

The ten-year continuous residence requirement is reduced to five years for petitioners who fall under any of the following categories. Section 3.
Reduced to five years for a petitioner who has honorably held office under the Government of the Philippines or under any province, city, municipality, or political subdivision thereof. Section 3(1).
Reduced to five years for a petitioner who has established a new industry or introduced a useful invention in the Philippines. Section 3(2).
Reduced to five years for a petitioner who is married to a Filipino woman. Section 3(3).
Reduced to five years for a petitioner who has been a teacher in the Philippines in a public or recognized private school not established for the exclusive instruction of children of a particular nationality or race, in any branches of education or industry, for not less than two years. Section 3(4).
Reduced to five years for a petitioner who was born in the Philippines. Section 3(5).

Absolute disqualifications for naturalization

Section 4 prohibits the following from naturalization as Philippine citizens.
Persons opposed to organized government, or affiliated with associations/groups that uphold and teach doctrines opposing all organized governments, are disqualified. Section 4(1).
Persons defending or teaching the necessity or propriety of violence, personal assault, or assassination for the success and predominance of ideas are disqualified. Section 4(2).
Polygamists or believers in the practice of polygamy are disqualified. Section 4(3).
Persons convicted of crimes involving moral turpitude are disqualified. Section 4(4).
Persons suffering from mental alienation or incurable contagious diseases are disqualified. Section 4(5).
Persons who, during the period of residence, have not mingled socially with Filipinos, or have not shown a sincere desire to learn and embrace Filipino customs, traditions, and ideals, are disqualified. Section 4(6).
Citizens or subjects of nations with whom the United States and the Philippines are at war are disqualified during the period of such war. Section 4(7).
Citizens or subjects of a foreign country other than the United States, whose laws do not grant Filipinos the right to become naturalized citizens or subjects thereof, are disqualified. Section 4(8).

Declaration of intention requirements

One year before 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. Section 5.
The declaration must state the applicant’s name, age, occupation, personal description, place of birth, last foreign residence and allegiance, date of arrival, and the name of the vessel or aircraft, if any, and the place of residence in the Philippines at the time the declaration is made. Section 5.
The declaration is not valid until lawful entry for permanent residence is established and a certificate showing the date, place, and manner of arrival has been issued. Section 5.
The declarant must state that minor children, if any, have been enrolled in 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 required residence period before the petition hearing. Section 5.
Each declarant must furnish two photographs of himself. Section 5.
If the alien who declared intention dies before actual naturalization, the widow and minor children may be naturalized without filing a new declaration of intention, provided they comply with other provisions of the Act. Section 6.

Petition filing, court, and jurisdiction

A person desiring to acquire Philippine citizenship must file a petition with the competent court in triplicate. Section 7.
The petition must be accompanied by two photographs of the petitioner. Section 7.
The petition must set out the petitioner’s: name and surname; present and former places of residence; occupation; place and date of birth; whether single or married; father of children; and details of the wife and each child including name, age, birthplace, and residence. Section 7.
The petition must set out the approximate date of arrival in the Philippines, the port of debarkation, and the name of the ship, if remembered. Section 7.
The petition must include declarations: that the petitioner has the qualifications required by the Act and specifies them; that the petitioner is not disqualified under Section 4; that the petitioner has complied with Section 5; and that the petitioner will reside continuously in the Philippines from petition filing until admission. Section 7.
The petition must be signed by the applicant in his own handwriting and supported by an affidavit of at least two credible persons who are Philippine citizens and personally know the petitioner as a resident for the required time and as a person of good repute and morally irreproachable, and who believe the petitioner has the required qualifications and is not disqualified. Section 7.
The petition must list witnesses the petitioner desires to introduce at the hearing and include their names and post-office addresses. Section 7.
The certificate of arrival and the declaration of intention must be made part of the petition. Section 7.
The Court of First Instance of the province where the petitioner has resided at least one year immediately preceding filing has exclusive original jurisdiction over the petition. Section 8.

Notice, publication, and public hearing

Immediately upon filing, the clerk of court must publish the petition at the petitioner’s expense once a week for three consecutive weeks in the Official Gazette and in one newspaper of general circulation in the province where the petitioner resides. Section 9.
The clerk must post copies of the notice in a public and conspicuous place in the clerk’s office or the building where the office is located. Section 9.
The notice must state the petitioner’s name, birthplace, and residence; the date and place of arrival; the names of witnesses the petitioner proposes to introduce; and the date of hearing. Section 9.
The hearing must not be held within ninety days from the date of the last publication of the notice. Section 9.
As soon as possible, the clerk must forward copies of the petition, the sentence, the naturalization certificate, and other pertinent data to the Department of the interior, the Bureau of Justice, the provincial Inspector of the Philippine Constabulary, and the justice of the peace of the municipality where the petitioner resides. Section 9.
No petition is heard within the thirty days preceding any election. Section 10.
The hearing must be public and the Solicitor-General must appear on behalf of the Commonwealth either personally, through a delegate, or through the provincial fiscal concerned. Section 10.
If the court, after hearing, finds that the petitioner has all qualifications, none of the disqualifications, and has complied with all requisites, the court must order the issuance of the proper naturalization certificate and the registration of the certificate in the proper civil registry as required in Section 10 of Act No. 3753. Section 10.

Decision, appeal, and certificate issuance

The final sentence may be appealed to the Supreme Court at the instance of either party. Section 11.
After thirty days from when parties are notified of the decision, if no appeal is filed, the clerk must issue the naturalization certificate after the period lapses. Section 12.
After appeal, if the Supreme Court confirms the decision and it becomes final, the clerk issues the naturalization certificate. Section 12.
The naturalization certificate must state the petition’s file number; the member of the naturalization certificate; the naturalized person’s signature affixed in the presence of the clerk; the naturalized person’s personal circumstances; the dates of declaration of intention and petition filing; the date of the decision granting the petition; and the name of the judge who rendered the decision. Section 12.
A photograph of the petitioner with the court’s dry seal must be affixed to the certificate. Section 12.
Before issuance, the petitioner must take the prescribed oath in open court renouncing all foreign allegiance, supporting and defending the Constitution of the Philippines, obeying lawful orders and decrees of duly constituted authorities of the Commonwealth of the Philippines, recognizing and accepting U.S. supreme authority in the Philippines, and maintaining true faith and allegiance thereto without mental reservation or purpose of evasion. Section 12.

Recordkeeping and court books

The clerk must keep two books. Section 13.
One book records petitions and declarations of intention in chronological order, noting all proceedings from petition filing to final issuance of the naturalization certificate. Section 13.
The second book records naturalization certificates, with each page having a duplicate duly attested by the clerk and delivered to the petitioner. Section 13.

Naturalization effects on spouse and children

A woman who is currently or may thereafter be married to a Philippine citizen and who could be lawfully naturalized is deemed a Philippine citizen. Section 15.
Minor children of persons naturalized under the Act who were born in the Philippines are considered citizens. Section 15.
A foreign-born minor child living in the Philippines at the time of the parent’s naturalization automatically becomes a Philippine citizen. Section 15.
A foreign-born minor child not in the Philippines at the time of the parent’s naturalization is deemed a Philippine citizen only during minority unless the child begins permanent residence in the Philippines while still a minor, in which case Philippine citizenship continues beyond reaching majority. Section 15.
A child born outside the Philippines after the parent’s naturalization is a Philippine citizen unless, within one year after reaching the age of majority, the child fails to register as a Philippine citizen at the American Consulate of the country where the child resides and take the necessary oath of allegiance. Section 15.

Continued proceedings upon petitioner death

If a petitioner dies before final decision, the petitioner’s widow and minor children may continue the proceedings. Section 16.
The decision rendered produces the same legal effect for the widow and minor children as if it had been rendered during the petitioner’s lifetime. Section 16.

Renunciation of hereditary titles or orders

If the applicant has borne any hereditary title or belongs to any order of nobility in the kingdom or state from which the applicant came, the applicant must expressly renounce the title or order in court in addition to other requisites. Section 17.
The renunciation must be recorded in the court unless the National Assembly gives express consent. Section 17.

Cancellation of naturalization certificate

Upon motion in the proper proceedings, the competent judge may cancel a naturalization certificate and its registration in the civil registry. Section 18.
The motion may be made by the Solicitor-General or representative, or by the proper provincial fiscal. Section 18.
Cancellation is authorized if it is shown that the naturalization certificate was obtained fraudulently or illegally. Section 18.
Cancellation is authorized if, within the five years after issuance, the naturalized person returns to the native country or another foreign country and establishes permanent residence there. Section 18.
Remaining in the native country or former nationality for more than one year, or in any other foreign country for two years, constitutes prima facie evidence of intention to take up permanent residence there. Section 18.
Cancellation is authorized if the petition was made on an invalid declaration of intention. Section 18.
Cancellation is authorized if it is shown that minor children failed to graduate from public or private high schools recognized by the Office of Private Education of the Philippines where Philippine history, government, and civics are taught, due to the fault of their parents by neglecting support or transferring to another school or schools. Section 18.
Cancellation is authorized if it is shown that the naturalized citizen allowed the citizen to be used as a dummy in violation of a constitutional or legal provision requiring Philippine citizenship as a prerequisite for exercising, using, or enjoying a right, franchise, or privilege. Section 18.
The clerk forwards a certified copy of the decree canceling the naturalization certificate to the Department of the Interior and the Bureau of Justice. Section 18.

Criminal penalties and sanctions for fraud

Section 19 penalizes fraudulent and assistance conduct involving naturalization certificates and naturalization petitions.
Any person who fraudulently makes, falsifies, forges, changes, alters, or causes or aids another to do so regarding a naturalization certificate is punishable. Section 19.
Any person who purposely aids and assists in falsely making, forging, falsifying changing, or altering a naturalization certificate for the purpose of enabling use by another person or persons is punishable. Section 19.
Any person who purposely aids and assists another in obtaining a naturalization certificate in violation of the Act is punishable. Section 19.
The penalty is a fine of not more than five thousand pesos or imprisonment for not more than five years, or both. Section 19.
If the convicted person is a naturalized citizen, the person’s naturalization certificate and the registration of the certificate in the proper civil registry must be ordered cancelled. Section 19.

Prescription of prosecutions

Prosecution, charging, or punishment for an offense implying violation of the Act must be commenced by filing the information or complaint within five years from the detection or discovery of the commission of the offense. Section 20.

Regulations, forms, and blanks

The Secretary of Justice must issue the necessary regulations for proper enforcement of the Act. Section 21.
Naturalization certificate blanks and other blanks required to carry out the Act must be prepared and furnished by the Solicitor-General, subject to approval of the Secretary of Justice. Section 21.

Repeal and preserved proceedings

Section 22 repeals Act No. 2927, as amended by Act No. 3408, titled “The Naturalization Law”. Section 22.
The repeal does not affect prosecutions, suits, actions, proceedings, or civil or criminal matters brought or existing before the Act’s effectivity; repealed/amended laws continue in force and effect as to those preserved matters. Section 22.