General Notes on Naturalization
General Notes on Naturalization
Legal Basis:
o C.A. 473. Judicial Naturalization
o R.A. 530. Additional Provisions for Judicial Naturalization.
o C.A. 63.
o R.A. 9139. Administrative Naturalization
Naturalization, in General:
o Is the process of acquiring citizenship to an alien.
o The right of an alien to become a citizen by naturalization is statutory, rather than a
natural one, and it does not become vested until he establishes facts showing strict
compliance with the law (Mohamed v. Republic 2021).
Substantive Law:
1. Judicial Naturalization (C.A. 473):
o Qualifications and Disqualifications per C.A. 473:
Qualifications (Section 2):
1. Must be at least 21 years old at hearing of petition.
2. Continuously resided in PH for more than 10 years.
3. Is a person of Good Moral Character.
4. Believes in the principles of the constitution
5. Conducted himself in a proper and irreproachable (faultless) manner
during his stay in the Philippines.
6. Owns real estate OR has a lucrative trade/profession/lawful occupation.
7. Able to read and write Filipino/English/Spanish/Any principal language
8. Enrolled his minor children in Filipino schools recognized by DEPED
where PH history, government, and civics are taught.
Special Qualifications (Section 3):
Special qualifications are circumstances that reduces the 10 years stay to 5
years for naturalization:
o 1. Government employment/office.
o 2. Established a new industry or introduced a useful invention.
o 3. Married to a Filipina wife.
o 4. Teacher in a Filipino school for at least 2 years.
o 5. Born in the Philippines
Disqualifications (Section 4):
1. Persons opposed to organized government, or membership to an
organization that is opposed to organized government (anarchists).
2. Persons defending or teaching the necessity or propriety of violence
(violent people).
3. Polygamists.
4. Persons convicted of crimes involving moral turpitude.
5. Persons suffering from mental alienation or incurable contagious diseases.
6. Persons who have not mingled socially with the Filipinos.
7. Person who have not evinced a sincere desire to learn and embrace the
customs, traditions, and ideals of the Filipino.
8. Citizens or subjects of nations with whom the United States and the
Philippines are at war, during the period of such war.
9. 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.
2. Administrative Naturalization:
3. Derivative Naturalization:
o Effect on spouse and children per C.A. 473:
1. Effect on spouse:
a. If naturalized spouse PH male, and alien spouse is female:
o “Sec. 15. Effect of the naturalization on wife and children. - Any
woman who is now or may hereafter be married to a citizen of the
Philippines, and who might herself be lawfully naturalized shall be
deemed a citizen of the Philippines.”
b. If naturalized spouse is PH female, and alien spouse is male (Section 15):
o <not provided by law, need more research>.
2. Effect on children:
“Sec. 15…Minor children of persons naturalized under this law who have
been born in-the Philippines shall be considered citizens thereof.
A child born outside of the Philippines after, the naturalization of his parent,
shall be considered a Philippine citizen, unless within one year after reaching
the age of majority, he. fails to register himself as a Philippine citizen at the
American Consulate of the country where he resides, and to take the
necessary oath of allegiance.”
Procedure:
Judicial Naturalization:
o Summary of procedure for judicial naturalization:
o C.A. 473:
1. 1 year Declaration of Intent with OSG prior to petition in court (Section 5):
“Sec. 5. Declaration of intention. - One year prior to the filing of his petition
for admission to Philippine citizenship, the applicant for Philippine
citizenship shall file with the Bureau of Justice a declaration under oath that
is bona fide his intention to become a citizen of the Philippines. Such
declaration shall set forth the name, age, occupation, personal description,
place of birth, last foreign residence and allegiance, the date of arrival, the
name of the vessel or aircraft, if any, in which he came to the Philippines,
and the place of residence in the Philippines at the time of making the
declaration. No declaration-shall be valid until lawful entry for permanent
residence has been established and a certificate showing the date, place, and
manner of his arrival has been issued. The declarant must also state that he
has enrolled his minor children, if any, in any of the 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 school curriculum, during "the entire period of the residence in
the Philippines required of him prior to the hearing of his petition for
naturalization as Philippine citizen. Each declarant must furnish two
photographs of himself.”
The Declaration of Intention, broken down:
o 1. Mut be filed 1 year prior to petition, with the OSG.
o 2. Must be with Certificate of Arrival.
o 3. It has to be established that entry for permanent residence is
lawful.
2. The petition;
“Sec. 7. Petition for citizenship. - Any person desiring to acquire Philippine
citizenship shall file with the competent court, a petition in triplicate,
accompanied by two photographs of the petitioner, setting forth his name
and surname; his present and former places of residence; his occupation; the
place and date of his birth; whether single or married and the father of
children, the name, age, birthplace and residence of the wife and of each of
the children; the approximate date of his or her arrival in the Philippines, the
name of the port of debarkation, and, if he remembers it, the name of the
ship on which he came; a declaration that he has the qualifications required
by this Act, specifying the same, and that he is not disqualified for
naturalization under the provisions of this Act; that he has complied with the
requirements of section five of this Act; and that he will reside continuously
in the Philippines from the date of the filing of the petition up to the time of
his admission to Philippine citizenship. The petition must be signed by the
applicant in his own handwriting and be supported by the affidavit of at least
two credible persons, stating that they are citizens of the Philippines and
personally know the petitioner to be a resident of the Philippines for the
period of time required by this Act and a person of good repute and morally
irreproachable, and that said petitioner has in their opinion all the
qualifications necessary to become a citizen of the Philippines and, is not in
anyway disqualified under the provisions of this Act. The petition shall also
set forth the names and post-office addresses of such witnesses as the
petitioner may desire to introduce at the hearing of the case. The certificate
of arrival, and the declaration of intention must be made part of the petition.”
Matters to be included in the Petition:
o 1. Petition must be in triplicate.
o 2. With 2 photographs of the petitioner.
o 3. Petition must set forth the following details:
a. Name and surname.
b. Present and former place of residence.
c. Occupation
d. Birth place and date
e. Residence of spouse and children
f. Approximate date of arrival in the PH.
g. A declaration that he has all the qualifications and none of
the disqualifications.
h. A declaration that he has complied with the declaration of
intention requirement.
i. A declaration that he will reside continuously in the PH from
the date of filing of the petition until his PH citizenship.
o 4. Personally signed by the applicant.
o 5. Supported by affidavits of at least 2 witnesses that are:
a. Credible persons.
b. PH citizens.
c. Personally know the petitioner to be a resident of the
Philippines for the period of time required by this Act and a
person of good repute and morally irreproachable, and that
said petitioner has in their opinion all the qualifications
necessary to become a citizen of the Philippines and, is not in
anyway disqualified under the provisions of this Act.
o 6. The petition shall also set forth the names and post-office addresses
of such witnesses as the petitioner may desire to introduce at the
hearing of the case
o 7. Must be accompanied by the following documents:
a. Certificate of arrival.
This is the ACR/SRRV.
b. Declaration of Intention.
3. Jurisdiction is RTC; Venue of the petition is the residence of the petitioner for 1
year prior to the petition:
“SEC. 8. Competent court. - The Court of First Instance of the province in
which the petitioner has resided at least one year immediately preceding the
filing of the petition shall have exclusive original jurisdiction to hear the
petition.”
4. Publication for 3 consecutive weeks:
“Sec. 9. Notification and appearance. - Immediately upon the filing of a
petition, it shall be the duty of-the clerk of the court to publish the same at
petitioner's expense, once a week for three consecutive weeks, in the Official
Gazette, and in one of the newspapers of general circulation in the province
where the petitioner resides, and to have copies of said public and
conspicuous place in his office or in the building where said office is located,
setting forth in such notice the name, birthplace and residence of the
petitioner, the date and place of his arrival in the Philippines, the names of
the witnesses whom the petitioner proposes to introduce support of his
petition, and the date of the hearing of the petition, which hearing shall not
be held within ninety days from the date of the last publication of the notice.
The clerk shall, as soon as possible, 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 of the province and die justice of the peace of
the municipality wherein the petitioner resides.”
The publication and notice requirement:
o 1. Clerk of court has the duty to publish
o 2. At the petitioner’s expense.
o 3. Once a week, for 3 consecutive weeks in the OG AND in 1 of the
newspapers of general circulation in the city/province where
petitioner resides.
o 4. Also has to be posted in a public and conspicuous place in
petitioner’s office.
5. Hearing and Judgement:
“Sec. 10. Hearing of the petition. - No petition shall be heard within the
thirty clays 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 bearing. 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 as required in
section ten of Act Numbered Three thousand seven hundred and fifty-three.”
2 options after hearing:
o If petition is meritorious, Court will issue a Certificate of
Naturalization.
o If petition is unmeritorious, Court will dismiss, which can be appealed.
6. Appeal:
“Sec. 11. Appeal. - The final sentence may, at instance of either of the
parties, be appealed tn the Supreme Court.”
7. The Certificate of Naturalization:
“Sec. 12. Issuance of the Certificate of Naturalization. -If, after the lapse of
thirty days from and after the date on which the parties were notified of the
decision 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 which shall, among
other things, state the following: The file number of the petition, the member
of the naturalization certificate, the signature of the person naturalized
affixed.in the presence of the clerk of the court, the personal circumstances
of the person naturalized, the dates on which his declaration of intention and
petition were filed, the date of the decision granting the petition, and the
name of the judge who rendered the decision. A photograph of the petitioner
with die dry seal affixed thereto of the court which granted the petition, must
be affixed to the certificate.”
FAQs:
Q: What is an ACR?
o An Alien Certificate of Registration is a card required for alien staying in the Philippines for
more than 59 days.
Q: What are the requirements for Declaration of Intention:
Q: What is Special Resident Retiree’s Visa?
Q: Who publishes, us or client? What newspaper to look for?
Q: What is affidavit of publication? (proof of publication)?