Law Summary
Declaration of Policy
- State controls admission and integration of aliens.
- Citizenship for aliens born and residing in the Philippines may be granted by administrative naturalization.
- Grants are subject to national security and interest.
Qualifications for Naturalization
- Applicant born and residing in the Philippines since birth.
- Minimum age: 18 years at filing.
- Good moral character and belief in constitutional principles.
- Proper conduct toward government and community during residency.
- Received primary and secondary education in recognized Philippine schools where subjects on Philippine history, government, and civics are taught.
- Minor children, if any, must be enrolled in similar schools.
- Known trade, business, profession, or lawful occupation providing sufficient income for self and family.
- Ability to read, write, and speak Filipino or any Filipino dialect.
- Must have mingled with Filipinos and show desire to embrace Filipino customs and ideals.
Disqualifications
- Opposition to organized government or affiliation with groups opposing government.
- Advocates or teachers of violence or assassination.
- Polygamists.
- Convicted of crimes involving moral turpitude.
- Mentally alienated or with incurable contagious diseases.
- Failure to mingle socially with Filipinos or demonstrate desire to embrace Filipino cultural norms.
- Nationals of countries at war with the Philippines.
- Nationals of countries denying Filipinos reciprocal naturalization rights.
Petition for Citizenship
- Filed with Special Committee on Naturalization.
- Requires five signed and verified copies with passport photos.
- Must include personal data: names, residences, birth information, family details, marital status, children’s information.
- Declarations of qualifications, intention not to be public charge, intention to renounce foreign citizenship.
- Must attach supporting documents: birth certificates, alien registrations, marriage or annulment proofs, children’s certifications, affidavit of financial capacity, sworn statements on moral character, medical certificate of health and non-drug dependent status, school diplomas and transcripts, income tax returns if employed.
Special Committee on Naturalization
- Composed of Solicitor General (chairman), Secretary of Foreign Affairs or representative, and National Security Adviser.
- Authorized to approve, deny, or reject naturalization applications.
- Receives honoraria per meeting attended.
Committee Powers and Procedures
- Receives application with processing fee (P40,000).
- Verifies completeness within 15 days.
- Publishes notice of petition weekly for three weeks in a general circulation newspaper and posts copies publicly.
- Furnishes copies to DFA, Bureau of Immigration, civil registrar, and NBI for background checks.
- Agencies submit reports within 30 days on any adverse information.
- Petitions incomplete in form or substance are dismissed without prejudice.
Approval or Disapproval Process
- Committee reviews all information within 60 days from last publication or agency report.
- May interview petitioner to clarify identity and verify declarations.
- Allows petitioner to respond to adverse information.
- Approves petition if qualifications met and no disqualifications exist; otherwise, disapproves.
Naturalization Decree and Fees
- Applicant pays total of P100,000 naturalization fee in two installments: P50,000 upon approval, P50,000 upon oath taking.
- Certificate of naturalization issued after oath taken within 60 days from payment.
- Failure to take oath within period results in abandonment of petition approval.
Bureau of Immigration Duties
- Forwards copy of the oath to local civil registrar within 5 days after oath-taking.
- Cancels alien certificate of registration of naturalized person.
Status of Alien Spouse and Minor Children
- Alien wife and minor children may apply for cancellation of alien registration.
- Pay filing fee (P20,000) and naturalization fee (P40,000) in two installments.
- Application subject to Committee approval.
Status of Alien Husband and Minor Children of Female Naturalized Citizen
- Alien husband of naturalized woman does not gain citizenship automatically.
- Minor children may petition for cancellation of alien registration subject to existing laws.
Cancellation of Certificate of Naturalization
- Grounds for cancellation include:
- Fraud, false statements, misrepresentation in application.
- Establishment of permanent residence abroad within 5 years (presence of 1 year in origin or 2 years abroad presumed intent).
- Use as a dummy to violate citizenship-required rights.
- Acts inimical to national security.
- Requirement for renunciation of hereditary titles or noble orders included in records.
Penalties
- Falsification, forging or fraudulent use of naturalization documents punishable by fine (up to P500,000) and imprisonment (up to 5 years).
- Convicted naturalized citizens face certificate cancellation.
Birth Registration and Citizenship
- Persons unregistered at birth may file petition within 2 years from Act’s effectivity.
- Must meet qualifications and disqualifications and existing law requirements.
Disposition of Filing Fees
- 25% of filing fees allocated to University of the Philippines Law Center.
- 25% allocated for publication of the Journal of the House of Representatives.
- Treated as automatically appropriated receipts.
Implementing Rules and Regulations
- Authority granted to Special Committee on Naturalization to promulgate implementing rules.
Repealing Clause
- Conflicting laws, rules, decrees, or orders are repealed or modified accordingly.
Separability Clause
- Invalidity of any provision does not affect other provisions.
Effectivity Clause
- Takes effect 15 days after publication in two newspapers of general circulation.