Policy and purpose
- The State shall control and regulate the admission and integration of aliens into its territory and body politic, including the grant of citizenship to aliens under Section 2.
- Aliens born and residing in the Philippines may be granted Philippine citizenship by administrative proceedings subject to qualifications and requirements dictated by national security and national interest under Section 2.
Eligibility qualifications and age
- Under Section 3, an applicant must be born in the Philippines and residing therein since birth.
- Under Section 3, an applicant must be not less than 18 years of age at the time of filing of the petition.
- Under Section 3, an applicant must be of good moral character and must believe in the underlying principles of the Constitution, and must have conducted himself/herself in a proper and irreproachable manner during the entire period of residence in the Philippines in relation with the government and the community.
- Under Section 3, an applicant must have received primary and secondary education in any public school or private educational institution duly recognized by the Department of Education, Culture and Sports where Philippine history, government and civics are taught as part of the school curriculum, and where enrollment is not limited to any race or nationality.
- Under Section 3, if the applicant has minor children of school age, the applicant must have enrolled them in similar schools.
- Under Section 3, an applicant must have a known trade, business, profession or lawful occupation that provides income sufficient for support; if married and/or with dependents, the income must also support the family.
- Under Section 3, the income requirement 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.
- Under Section 3, an applicant must be able to read, write and speak Filipino or any of the dialects of the Philippines.
- Under Section 3, an applicant must have mingled with Filipinos and evinced a sincere desire to learn and embrace Filipino customs, traditions, and ideals.
Absolute disqualifications for naturalization
- Under Section 4, the following are not qualified for administrative naturalization:
- Those opposed to organized government or affiliated with any association or group of persons who uphold and teach doctrines opposing all organized governments.
- Those defending or teaching the necessity of or propriety of violence, personal assault or assassination for the success or predominance of their ideas.
- Polygamists or believers in the practice of polygamy.
- Those convicted of crimes involving moral turpitude.
- Those suffering from mental alienation or incurable contagious diseases.
- Those who, during the period of residence in the Philippines, have not mingled socially with Filipinos, or who have not evinced a sincere desire to learn and embrace Filipino customs, traditions, and ideals.
- Citizens or subjects with whom the Philippines is at war, during the period of such war.
- Citizens or subjects of a foreign country whose laws do not grant Filipinos the right to be naturalized citizens or subjects thereof.
Petition filing requirements and annexes
- Under Section 5, an applicant desiring Philippine citizenship must file with the Special Committee on Naturalization a petition consisting of five (5) copies legibly typed and signed, thumbmarked and verified by the applicant, with a passport-sized photograph attached to each copy.
- Under Section 5, the petition must state the applicant’s:
- Name and surname, and any other name used or by which known.
- Present and former places of residence.
- Place and date of birth; names and citizenship of parents; and parents’ residences.
- Trade, business, profession or occupation, and if married, the spouse’s trade/business/profession/occupation.
- Marital status, including marriage details (date, place, spouse’s name, date of birth, birthplace, citizenship and residence), or annulment details (date of decree and court) if applicable.
- If the applicant has children, the children’s names, dates, birthplaces, and residences.
- A declaration that the applicant possesses all qualifications and none of the disqualifications under the Act.
- A declaration that the applicant shall never be a public charge.
- A declaration of 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.
- Under Section 5, 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 marriage certificate if married, or death certificate of spouse if widowed, or court decree annulling the marriage if annulment exists.
- Duplicate original or certified photocopies of the birth certificate(s) and alien certificate of registration or native born certificate of residence of minor children, where applicable.
- An affidavit of financial capacity by the applicant.
- Sworn statements on good moral character by at least two (2) Filipino citizens of good reputation in the place of residence, personally knowing the applicant for at least ten (10) years, stating that the applicant has, in the opinion of the affiants, all qualifications and is not disqualified.
- A medical certificate stating the applicant is not a user of prohibited drugs or drug-dependent, and is not afflicted with AIDS.
- School diploma and transcript of records for schools attended in the Philippines; if the applicant has minor children, a certification that children are enrolled in a school where Philippine history, government and civics are taught and part of the curriculum.
- If gainfully employed, the income tax return for the past three (3) years.
Special Committee on Naturalization
- Section 6 creates the Special Committee on Naturalization, called “the Committee.”
- The Committee is chaired by the Solicitor General, with the Secretary of Foreign Affairs (or his representative) and the National Security Adviser as members under Section 6.
- The Committee has power to approve, deny or reject applications for naturalization under Section 6.
- The Committee shall meet as often as practicable to consider applications under Section 6.
- Under Section 6, the chairman receives an honorarium of P2,000 and each member receives P1,500 per meeting attended.
Processing, publication, and approvals
- Under Section 7, an alien who believes he/she has all qualifications and none of the disqualifications may file an application with the Committee’s secretariat and pay a processing fee of P40,000.
- Under Section 7, after filing, the petition is stamped with the date of filing and assigned a corresponding docket number.
- Under Section 7, within 15 days from receipt, the Committee determines whether the petition is complete in substance and form.
- Under Section 7, if complete, the Committee publishes pertinent portions of the petition (indicating the applicant’s name, qualifications and other personal circumstances) once a week for three (3) consecutive weeks in a newspaper of general circulation.
- Under Section 7, the Committee posts copies of the petition in any public or conspicuous area.
- Under Section 7, the Committee furnishes the Department of Foreign Affairs (DFA), the Bureau of Immigration (BI), the civil registrar of the petitioner’s place of residence, and the National Bureau of Investigation (NBI) with copies of the petition and supporting documents; these agencies must post copies in their buildings, offices and premises and submit a report to the Committee within 30 days from receipt stating whether the petitioner has derogatory record or other relevant and adverse information.
- Under Section 7, if the Committee finds the petition wanting in substance and form, it dismisses the petition without prejudice.
- Under Section 8, within 60 days from receipt of the agencies’ report or from the date of the last publication, whichever comes later, the Committee reviews all relevant and material information.
- Under Section 8, the Committee may call the petitioner for interview to ascertain identity, authenticity of the petition and annexes, and truthfulness of statements and declarations.
- Under Section 8, if the Committee receives adverse information, it allows the petitioner to answer, explain or refute the information.
- Under Section 8, if the Committee believes the petitioner has all qualifications and none of the disqualifications, it approves the petition and notifies the petitioner; otherwise, it disapproves the petition.
Naturalization fee, oath, and citizenship effect
- Under Section 9, within 30 days from receipt of notice of approval, the applicant pays a naturalization fee of P100,000.00, payable P50,000 upon approval and P50,000.00 upon taking of the oath of allegiance.
- Under Section 9, upon payment at approval and after the taking of the oath, the Committee issues a certificate of naturalization.
- Under Section 9, within 60 days from issuance of the certificate, the petitioner must take an oath of allegiance in the proper forum upon proof of payment of the required naturalization processing fee and certificate of naturalization.
- Under Section 9, if the applicant fails to take the oath within the period, the approval of the petition is deemed abandoned.
Immigration actions and family cases
- Under Section 10, within 5 days after the applicant takes the oath, the BI forwards a copy of the oath to the proper local civil registrar.
- Under Section 10, after forwarding the oath, the BI cancels the alien certificates of registration of the applicant.
- Under Section 11, after approval of the petition for administrative naturalization 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.
- Under Section 11, the filing fee is P20,000.00 and the naturalization fee is P40,000.00, payable P20,000.00 upon approval and P20,000.00 upon taking the oath of allegiance.
- Under Section 12, if the applicant is a married woman, approval of her petition does not benefit her alien husband, but her minor children may file for cancellation of their alien certificates of registration with the BI subject to existing laws’ requirements.
Cancellation or revocation of citizenship
- Under Section 13, the Special Committee may cancel certificates of naturalization in these cases:
- False statement or misrepresentation, violation of law/rules/regulations connected with the naturalization petition, or obtaining citizenship fraudulently or illegally.
- Permanent residence in a foreign country within five (5) years next following the grant of Philippine citizenship by the naturalized person, or the naturalized person’s wife, or any minor children who acquired citizenship by virtue of the naturalization.
- Use 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.
- Acts inimical to national security by the naturalized person, or the naturalized person’s wife or child with acquired citizenship.
- Under Section 13, proof of intent to permanently reside is established by prima facie evidence if the person remains:
- More than one (1) year in his country of origin, or
- Two (2) years in any foreign country.
- Under Section 13, if the naturalized person holds any hereditary title or belongs to any order of nobility, the person must make an express renunciation before the Special Committee or its duly authorized representative, and the renunciation must be included in the application records.
Criminal penalties for fraud and forgery
- Under Section 14, any person who fraudulently makes, falsifies, forges, changes, alters, or causes or aids another to do so regarding a naturalization certificate, or who purposely aids and assists in falsely making/forging/changing/altering such certificate for use by another person, commits an offense.
- Under Section 14, any person who purposely aids and assists another in obtaining a naturalization certificate in violation of Republic Act No. 9139 commits an offense.
- Under Section 14, the penalty is a fine of not more than P500,000.00 and imprisonment of not more than five (5) years.
- Under Section 14, if the convicted person is a naturalized citizen, the certificate of naturalization shall be ordered cancelled if not earlier cancelled by the Special Committee.
Transitional birth registration petition right
- Under Section 15, any person who failed to register his/her birth with the concerned city or municipal civil registrar may file within two (2) years from the effectivity of Republic Act No. 9139 a petition for acquisition of Philippine citizenship.
- Under Section 15, the applicant under this provision must possess all qualifications and none of the disqualifications under the Act and must comply with the requirements of existing laws.
Filing fee allocation for UP Law Center and House Journal
- Under Section 16, 25% of the filing fee paid under Section 7 accrues to the University of the Philippines Law Center.
- Under Section 16, another 25% of the filing fee is allotted for the publication of the Journal of the House of Representatives.
- Under Section 16, these amounts are treated as receipts automatically appropriated.
Implementing rules and regulations
- Under Section 17, the Special Committee on Naturalization is authorized to promulgate rules and regulations needed for proper implementation.
Repeal, separability, and effectivity
- Under Section 18, all provisions of existing laws, orders, decrees, rules and regulations contrary to or inconsistent with Republic Act No. 9139 are repealed or modified accordingly.
- Under Section 19, invalidity of any part, section or provision does not affect the remainder, which continues in force and effect.