Law Summary
Disqualifications for Naturalization
- Individuals who cannot naturalize include those:
(a) Opposing organized government or teaching doctrines against it.
(b) Promoting violence, assassination, or personal assault for ideological success.
(c) Practicing or believing in polygamy.
(d) Convicted of crimes involving moral turpitude.
(e) Suffering from mental alienation or incurable contagious diseases.
(f) Citizens or subjects of nations at war with the U.S. and the Philippines during conflict.
Basic Qualifications for Naturalization
- For natives of the Philippines:
- Must be at least 21 years old at the petition hearing.
- For other eligible persons (U.S. citizens or foreigners):
- At least 21 years old.
- Continuous residence in the Philippines for at least 5 years (exceptions apply).
- Good moral conduct and proper behavior towards government and community.
- Ownership of real estate in the Philippines worth at least one thousand pesos or have a recognized profession/trade.
- Ability to speak and write English, Spanish, or a native Philippine language.
- Foreign nationals must declare in writing the renunciation of all allegiance to their former country.
Special Qualifications Reducing Residence Requirement
- The 5-year residence can be reduced to 2 years for petitioners who:
(a) Held honorable office under Philippine government or subdivisions.
(b) Established a new industry or introduced a useful invention.
(c) Worked as railroad contractor, constructor, or director.
(d) Are married to a Filipino woman.
(e) Have taught any branch of education or industry for at least 2 years in the Philippines.
Filing of Petition for Naturalization
- Petition must be filed with the competent court and include:
- Personal information: name, residence, occupation, birth details, marital and family status.
- Arrival details in the Philippines (if applicable).
- Declaration of qualifications under this Act and absence of disqualification.
- Supported by affidavits from at least two Filipino citizens confirming the petitioner's residence, good reputation, and moral character.
- Names and addresses of witnesses to be introduced at hearing must be set forth.
Jurisdiction Over Naturalization Petitions
- The Court of First Instance in the petitioner’s province or district has exclusive original jurisdiction.
- The Supreme Court has appellate jurisdiction.
Notification and Publication Requirements
- Upon filing, the clerk must publish the petition at the petitioner’s expense once a week for three weeks in the Official Gazette.
- Copies of the petition and notice of hearing must be posted publicly at the clerk’s office.
- Notice includes petitioner’s name, birthplace, residence, arrival details, witnesses, and final hearing date (held 60 days after last publication).
- Relevant documents must be sent to the Department of the Interior.
- Publication and hearing waiting periods do not apply to native Filipinos as per subsection (a), section one.
Hearing Procedures
- Petitions (except for natives of the Philippines) cannot be heard within 30 days before any election.
- Hearings are public.
- The Attorney-General or authorized representative must participate on behalf of the government.
- If petitioner meets all qualifications and requirements, the court orders issuance of the naturalization certificate.
Appeal Process
- Final court decisions can be appealed to the Supreme Court in accordance with the Code of Civil Procedure.
Issuance of Naturalization Certificate
- If no appeal is filed within 30 days of notification or if upheld by the Supreme Court, the court clerk issues the certificate.
- Certificate details include: petition file number, certificate number, petitioner’s signature, personal data, petition and decision dates, and the judge’s name.
- Before issuance, petitioner must take an oath renouncing former allegiances and pledging loyalty to the Philippine government and laws.
Maintenance of Records
- Court clerk keeps two record books:
- A chronological petition record including all proceedings.
- A record of issued naturalization certificates with duplicates certified and delivered to petitioners.
Fees for Naturalization Process
- Court of First Instance charges 16 pesos for petition recording, proceedings, and certificate issuance.
- Supreme Court charges 24 pesos for appeals and related services.
Rights of Dependents of Deceased Petitioners
- If petitioner dies before final decision, widow and minor children may continue the process.
- The court’s decision applies to them as if rendered during petitioner’s lifetime.
Grounds for Cancellation of Naturalization Certificate
- Attorney-General or provincial fiscal may move to cancel if:
(a) Certificate was fraudulently obtained.
(b) Naturalized person returns and establishes permanent residence abroad within 5 years of naturalization (absence of residence proven by extended stays abroad).
(c) Person is convicted of violating naturalization laws. - Cancellation decree is certified to the Department of the Interior.
Penalties for Violations
- Fines up to 5,000 pesos or imprisonment up to 5 years, or both, apply for:
- Fraudulent creation, alteration, or use of naturalization certificates.
- Assisting others to violate naturalization laws.
Prescription of Offenses
- Prosecution or punishment must occur within 5 years of the violation.
Regulations and Forms
- The Secretary of Justice issues necessary regulations for enforcement.
- The Attorney-General is responsible for preparing and supplying official forms, subject to the Secretary’s approval.
Effectivity
- The Act takes effect immediately upon approval.