The document outlines the qualifications and disqualifications for naturalization under RA 473 as amended by RA 570 (judicial process) and RA 9139 (administrative process).
The qualifications include requirements such as being at least 18 years old, having lived in the Philippines continuously for at least 10 years, having good moral character, owning property or having a profession, being able to speak certain languages, and enrolling children in school. Some qualifications have shorter residence periods, such as those who served the government or introduced inventions.
The disqualifications prevent naturalization for those opposed to organized government, advocating violence, polygamists, convicted of certain crimes, mentally ill, or who did not socially integrate during
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The document outlines the qualifications and disqualifications for naturalization under RA 473 as amended by RA 570 (judicial process) and RA 9139 (administrative process).
The qualifications include requirements such as being at least 18 years old, having lived in the Philippines continuously for at least 10 years, having good moral character, owning property or having a profession, being able to speak certain languages, and enrolling children in school. Some qualifications have shorter residence periods, such as those who served the government or introduced inventions.
The disqualifications prevent naturalization for those opposed to organized government, advocating violence, polygamists, convicted of certain crimes, mentally ill, or who did not socially integrate during
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as PDF, TXT or read online on Scribd
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RA 473 AS AMENDED BY RA 9139 (ADMINISTRATIVE
RA 570 (JUDICIAL PROCESS)
PROCESS)
QUALIFICATIONS 1) must be not less 1) applicant must be
than twenty-one born in the years of age on the Philippines and day of the hearing residing therein of the petition; since birth 2) must have resided in 2) applicant must not be the Philippines for a less than eighteen continuous period (18) years of age, at of not less than ten the time of filing of years; his/her petition 3) good moral 3) good moral character and character and believes in the believes in the principles underlying underlying the Philippine principles of the Constitution, and Constitution, and must have conducted must have himself in a proper conducted and irreproachable himself/herself in a manner during the proper and entire period of his irreproachable residence in the manner during Philippines in his his/her entire period relation with the of residence in the constituted Philippines in his government as well relation with the duly as with the constituted community in which government as well he is living. as with the 4) must own real community in which estate in the he/she is living Philippines worth not 4) must have received less than five his/her primary and thousand pesos, secondary Philippine currency, education in any or must have some public school or known lucrative private educational trade, profession, or institution dully lawful occupation recognized by the 5) must be able to Department of speak and write Education, Culture English or Spanish and Sports, where and any one of the Philippine history, principal Philippine government and languages civics are taught 6) enrolled his minor and prescribed as children of school part of the school age, in any of the curriculum and public schools or where enrollment is private schools not limited to any recognized by the race or nationality: Office of Private Provided, That Education of the should he/she have Philippines, where minor children of the Philippine school age, he/she history, government must have enrolled and civics are them in similar taught or prescribed schools as part of the 5) must have a known school curriculum, trade, business, during the entire profession or lawful period of the occupation, from residence in the which he/she derives Philippines required income sufficient of him prior to the for his/her support hearing of his petition and if he/she is for naturalization as married and/or has Philippine citizen dependents, also that of his/her family 6) must be able to read, write and speak SPECIAL Filipino or any of QUALIFICATIONS: the dialects of the The ten years of Philippines continuous 7) applicant must have residence required mingled with the under the second Filipinos and condition of the last evinced a sincere preceding section desire to learn and shall be understood embrace the as reduced to five customs, traditions years for any and ideals of the petitioner having Filipino people. any of the following qualifications:
1. honorably held office
under the Government of the Philippines or under that of any of the provinces, cities, municipalities, or political subdivision 2. established a new industry or introduced a useful invention in the Philippines 3. married to a Filipino woman 4. engaged as a teacher in the Philippines in a public or recognized private school not established for the exclusive instruction of children of persons of a particular nationality or race, in any of the branches of education or industry for a period of not less than two years 5. been born in the Philippines.
DISQUALIFICATIONS 1) opposed to 1) Those opposed to
organized organized government or government or affiliated with any affiliated with any association or association of group group of persons of persons who who uphold and uphold and teach teach doctrines doctrines opposing opposing all all organized organized governments governments 2) defending or 2) defending or teaching the teaching the necessity of or necessity or propriety of propriety of violence, personal violence, personal assault or assault, or assassination for the assassination for the success or success and predominance of their predominance of their ideas ideas 3) Polygamists or 3) Polygamists or believers in the believers in the practice of polygamy practice of polygamy 4) convicted of crimes 4) convicted of crimes involving moral involving moral turpitude turpitud 5) suffering from mental 5) suffering from mental alienation or alienation or incurable incurable contagious contagious diseases diseases 6) during the period of 6) during the period of their residence in the their residence in the Philippines, have not Philippines, have not mingled socially mingled socially with Filipinos, or with Filipinos, or who have not who have not evinced a sincere evinced a sincere desire to learn and desire to learn and embrace the embrace the customs, traditions customs, traditions and ideals of the and ideals of Filipinos Filipinos 7) Citizens or subjects 7) Citizens or subjects with whom the of nations with Philippines is at whom the United war, during the States and the period of such war Philippines are at 8) Citizens or subjects war, during the period of a foreign country of such war whose laws do not 8) Citizens or subjects grant Filipinos the of a foreign country right to be other than the naturalized citizens United States whose or subjects thereof laws do not grant Filipinos the right to become naturalized citizens or subjects thereof
PROCESS 1. One year prior to 1. Any person desiring
filing, a declaration to acquire Philippine of intent under oath citizenship under this must be filed with the Act shall file with the Bureau of Justice Special Committee (Not required for on Naturalization, a persons born in the petition of five (5) Philippines and have copies setting forth received their primary the requirements and and secondary declarations under education in public sec 5 of ra 9139. The schools or those application must be recognized by the accompanied by the Government and not documents limited to any race or prescribed under sec nationality, and those 5 (2) of ra 9139 who have resided 2. Within sixty (60) continuously in the days from receipt of Philippines for a the report of the period of thirty years agencies which or more before filing were furnished a their application) copy of the petition 2. File a petition with or the date of the the competent court last publication of (Court of First the petition, Instance of the whichever comes in province in which later, the Committee the petitioner has shall consider and resided at least one review all relevant year immediately and material preceding the filing information it has of the petition shall received pertaining to have exclusive the petition, and may, original jurisdiction to for the purpose call hear the petition) in the petitioner for triplicate form. he interview to ascertain petition must be his/her identity, the signed by the authenticity of the applicant in his own petition and its handwriting and be annexes, and to supported by the determine the affidavit of at least truthfulness of the two credible statements and persons, stating declarations made in that they are the petition and its citizens of the annexes. Philippines and personally know the If the Committee petitioner to be a shall have received resident of the any information Philippines for the adverse to the period of time petition, the required by this Act Committee shall and a person of allow the petitioner good repute and to answer, explain morally or refute the irreproachable, and information. that said petitioner has in their opinion Thereafter, if the all the qualifications Committee believes, necessary to in view of the facts become a citizen of before it, that the the Philippines and petitioner has all the is not in any way qualifications and disqualified under none of the the provisions of disqualifications this Act. required for 3. Immediately upon Philippine the filing of a citizenship under petition, it shall be the this Act, it shall duty of the clerk of approve the petition the court to publish and henceforth, the same at notify the petitioner petitioner's expense, of the fact of such once a week for approval. Otherwise, three consecutive the Committee shall weeks, in the disapprove the same Official Gazette, and in one of the 3. within thirty (30) newspapers of days from the receipt general circulation of the notice of the in the province approval of his/her where the petitioner petition, the applicant resides, and to have shall pay to the copies of said Committee a petition and a naturalization fee general notice of P100,000.00 payable the hearing posted as follows: in a public and P50,000.00 upon the conspicuous place approval of the in his office or in petition and the building where P50,000.00 upon the said office is taking of the oath of located, setting forth in such notice the 4. A certificate of name, birthplace and naturalization shall be residence of the issued. Within sixty petitioner, the date (60) days from the and place of his issuance of the arrival in the certificate, the Philippines, the petitioner shall take names of the an oath of witnesses whom the allegiance in the petitioner proposes to proper forum upon introduce in support proof of payment of of his petition, and the required the date of the naturalization hearing of the processing fee and petition, which certificate of hearing shall not be naturalization. Should held within ninety the applicant fail to days from the date take the above of the last mentioned oath of publication of the allegiance within said notice.The clerk period of time, the shall, as soon as approval of the possible, forward petition shall be copies of the deemed abandoned. petition, the 5. Within five (5) days sentence, the after the applicant naturalization has taken his oath certificate, and of allegiance as other pertinent data required in the to the Department preceding section, of the Interior, the the BI shall forward Bureau of Justice, a copy of the the Provincial petitioner's oath to Inspector of the the proper local civil Philippine registrar. Thereafter, Constabulary of the the BI shall cancel province and the the alien certificates justice of the peace of registration of the of the municipality applicant. wherein the petitioner resides. 4. no petition shall be heard within the thirty days preceding any election. The hearing shall be public, and the Solicitor-General, either himself or through his delegate or the provincial fiscal concerned, shall appear on behalf of the Commonwealth of the Philippines at all the proceedings and at the hearing. If, after the hearing, the court believes, in view of the evidence taken, that the petitioner has all the qualifications required by, and none of the disqualifications specified in this Act and has complied with all requisites herein established, it shall order the proper naturalization certificate to be issued and the registration of the said naturalization certificate in the proper civil registry 5. The final sentence may, at the instance of either of the parties, be appealed to the Supreme Court. 6. If, after the lapse of thirty days from and after the date on which the parties were notified of the Court, no appeal has been filed, or if, upon appeal, the decision of the court has been confirmed by the Supreme Court, and the said decision has become final, the clerk of the court which heard the petition shall issue to the petitioner a naturalization certificate
*no petition for Philippine
citizenship shall be heard by the courts until after six months from the publication of the application required by law, nor shall any decision granting the application become executory until after two years from its promulgation and after the court, on proper hearing, with the attendance of the Solicitor General on his representative, is satisfied, and so finds, that during the intervening time the applicant has (1) not left the Philippines, (2) has dedicated himself continuously to a lawful calling or profession, (3) has not been convicted of any offense or violation of Government promulgated rules, (4) or committed any act prejudicial to the interest of the nation or contrary to any Government announced policies.
After the finding mentioned in
section one, the order of the court granting citizenship shall be registered and the oath provided by existing laws shall be taken by the applicant, whereupon, and not before, he will be entitled to all the privileges of a Filipino citizen. (As amended by RA 530)
(Transformations of The State) Michael J. Warning-Transnational Public Governance - Networks, Law and Legitimacy (Transformations of The State) - Palgrave Macmillan (2009) PDF