Kinds of Naturalization
Married to a Filipino woman;
(a) Judicial naturalization refers to naturalization by
means of court judgment pursuant to the “Revised
Naturalization Act.”
(b) Legislative naturalization refers to naturalization
by means of a direct act of Congress, that is, by the
enactment of a law by the Congress declaring
therein that a foreigner is conferred citizenship and
admitted into the political community; and
(c) Administrative naturalization is naturalization by
means of administrative proceedings before the
Special Committee on Naturalization pursuant to
the “Administrative Naturalization Law of 2000.”
PRIMER on JUDICIAL NATURALIZATION
What is Commonwealth Act No. 473
CA No. 473 or the Revised Naturalization Law is a law
signed to provide for the acquisition of Philippine
citizenship through Naturalization by qualified alien
individuals. It provides that after hearing the petition for
citizenship and receipt of evidence showing that the
petitioner has all the qualifications and none of the
disqualifications required by law, the competent court may
order the issuance of the proper naturalization certificate
and the registration thereof in the proper civil registry.
On the other hand, Republic Act (R.A.) No. 9139 provides that
aliens born and residing in the Philippines may be granted
Philippine citizenship by administrative proceeding by filing a
petition for citizenship with the Special Committee, which, in
view of the facts before it, may approve the petition and issue a
certificate of naturalization. In both cases, the petitioner shall
take an oath of allegiance to the Philippines as a sovereign
nation.
Jurisdiction
Exclusive or Original
RTC of the province in which the petitioner has resided at
least one year immediately preceding the filing of the
petition
Qualifications
1. At least 21 years old on the date of the filing of his
petition
2. If born in a foreign country, he must have been
legally admitted into the Philippines either as an
immigrant or nonimmigrant
3. Have continuously reside in the Philippines for 10
years, which period shall be reduced to 5 years if
with any of the following qualifications is present:
a. Having honorably held office under the
Government of the Philippines
b. Having established a new industry or
introduced a useful invention in the
Philippines;
c.
d. 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;
e. Having been born in the Philippines.
4. Of good moral character, believes in the principles
underlying the Philippine Constitution, and
exhibited proper and irreproachable conduct
during the entire period of his residence in the
Philippines
5. Must have a known trade or business, profession or
lawful application, from which he derives
sufficient income for his support and that of his
family, if married.
Note: MAY BE WAIVED WITH RESPECT TO
BONA FIDE STUDENTS AT LEAST 18 YEARS OF
AGE WHO, ON THE BASIS OF THEIR
QUALIFICATIONS AND POTENTIALS, CAN
BECOME USEFUL CITIZENS OF THE COUNTRY
6. Owners of real estate worth at least P5,000 or have
known lucrative trade, profession, or lawful occupation
(not included in the letters of instruction)
7. Able to speak and write Pilipino, English or
Spanish and any one of the principal Philippine
languages;
Note: THE REQUIREMENT THAT APPLICANT
SHOULD KNOW HOW TO WRITE PILIPINO OR
OTHER PRINCIPAL LANGUAGE MAY BE
WAIVED
8. Must have enrolled his minor children of school
age, in any of the public schools or private schools
recognized during the entire period of the
residence
9. Must have mingled socially with Filipinos and
evinced a sincere desire to learn and embrace the
customs, traditions and ideals of Filipino people.
Who are disqualified (Sec 4)
1. Persons opposed to organized government or
affiliated with any association or group of persons
who uphold and teach doctrines opposing all
organized governments;
2. Persons defending or teaching the necessity or
propriety of violence, personal assault, or
assassination for the success and predominance of
their ideas;
3. Polygamists or believers in the practice of
polygamy;
4. Persons convicted of crimes involving moral
turpitude;
5. Persons suffering from mental alienation or
incurable contagious diseases;
Aliens born of Filipino mothers before effectivity of the
new Constitution
Considered qualified without need of any further
qualifications provided he does not suffer from the
disqualifications above enumerated.
Effect of Naturalization on the Wife and Children
- Deemed citizen of the Philippines
- A foreign-born minor child dwelling in the
Philippines when his/her parent is naturalized
shall automatically become a Philippine citizen
- A foreign-born minor child not in the Philippines at
the time the parent is naturalized shall be deemed
a Philippine citizen only during his minority unless
he begins to reside permanently in the Philippines
when still a minor
- A child born outside of the Philippines after the
naturalization of his parent, shall be considered a
Philippine citizen, unless one year after reaching
the age of majority, he fails to register himself as a
Philippine citizen
Record Books
The clerk of the court shall keep two books:
(1) A record of the petition and declarations of intention in
chronological order
(2) A record of naturalization certificates
Penalties for violation of this Act
Fine of not more than P5,000 OR imprisonment of not more
than 5 years OR both
In case of conviction, the certificate of naturalization and the
registration of the same shall be ordered cancelled
What constitutes a Violation
1. To fraudulently make, falsify, forge, change, alter,
or cause or aid any person to do the same, or
2. To purposely aid and assist in falsely making,
forging, falsifying, changing or altering a
naturalization certificate for the purpose of making
use thereof, or in order that the same may be used
by another person or persons, and
3. To purposely aid and assist another in obtaining a
naturalization certificate in violation of the
provisions of this Act
Prescription
Within five (5) years from the detection or discovery of a
violation of the provisions of this Act.
Procedure
A. File a Declaration of Intention with the OSG at least
one year prior to the filing of the petition
DECLARATION OF INTENTION
- A declaration under oath that it is bona fide his
intention to become a citizen of the Philippines
- 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.
Persons Exempt from filing a Declaration of Intention:
1. Those born in the Philippines and have received
their primary and secondary education in public
schools or those recognized in the Philippines
2. Those who have resided continuously in the
Philippines for 30 years and have given primary
and secondary education to all their children in
schools recognized by the Government
3. Widow and minor children of an alien who has
declared his intention to become a citizen of the
Philippines and dies before he is actually
naturalized.
B. File the Petition for Citizenship
- signed by the applicant in his own handwriting
- accompanied with a copy of the (a) Certificate of
Arrival, if any (b) Declaration of Intention and (c)
Alien Certificate of Registration and (d)
Immigrant Certificate of Residence.
- supported by the Affidavit of at least two credible
persons
Contents of the Affidavit:
1. that they are Filipino citizens
2. that they personally know that petitioner:
a. is a resident of the Philippines for the period of
time required
b. is a person of good repute and morally
irreproachable
c. has all the qualifications necessary to become a
citizen of the Philippines and
d. is not in any way disqualified under the
provisions of this Act.
Publication and Posting
(Duty the clerk of court at the expense of the petitioner)
- Once a week for THREE CONSECUTIVE weeks in
the Official Gazette AND in one of the newspapers
of general circulation where the petitioner resides
- Copies of petition and a general notice of the
hearing shall be posted in a public and conspicuous
place in his office or in the building where said
office is located.
C. Hearing of the Petition
The hearing shall be public which shall not be held within
90 days from the date of the last publication of the notice
Solicitor General or his delegate or the provincial fiscal
concerned shall appear on behalf of the Republic of the
Philippines
No petition shall be heard within thirty days preceding
ANY election

D. Appeal to the Supreme Court
May be made at the instance of any of the parties
E. Issuance of the Certificate of Naturalization
Before the naturalization certificate is issued, the petitioner
shall, in open court, take oath (Sec. 12)
When issued
After the lapse of thirty (30) days where no appeal has been
filed OR
Upon confirmation by the Supreme Court of the decision of
the court and said decision has become final
Who issues
Clerk of Court which heard the petition
When executory (Sec. 1 RA No. 530)
Two years after promulgation of the decision granting the
application and after complying with the following
conditions:
a. Applicant has not left the Philippines during the
intervening period
b. Has dedicated himself continuously to a lawful
calling or profession
c. Has not been convicted of any offense or violation
of Government promulgated rules or
d. Committed any act prejudicial to the interest of the
nation or contrary to any Government announced
policies
GROUNDS FOR CANCELLATION OF
NATURALIZATION CERTIFICATE
1. If it is shown that the naturalization certificate was
obtained fraudulently or illegally
2. If the person naturalized shall, within 5 years next
following the issuance of said naturalization
certificate, returns to his native country or to some
foreign country established his permanent
residence there
Prima facie evidence
a. Staying for more than one year in his native
country
b. Staying for more than two years in any other
foreign country
3. Petition was made on an invalid declaration of
intention
4. If it is shown that the minor children of the person
naturalized failed to graduate from a public or
private high school as recognized by the
Government
5. If the naturalized citizen has allowed himself to be
used as a dummy in violation of the Constitutional
or legal provisions requiring Philippine
citizenship as a requisite.
JURISPRUDENCE
Edison So vs. Republic of the Philippines
G.R. No. 170603
In naturalization proceedings, it is the burden of the
applicant to prove not only his own good moral character
but also the good moral character of his/her witnesses, who
must be credible persons. Within the purview of the
naturalization law, a credible person is not only an
individual who has not been previously convicted of a
crime; who is not a police character and has no police
record; who has not perjured in the past; or whose affidavit
or testimony is not incredible. What must be credible is not
the declaration made but the person making it. This implies
that such person must have a good standing in the
community; that he is known to be honest and upright; that
he is reputed to be trustworthy and reliable; and that his
word may be taken on its face value, as a good warranty of
the applicant’s worthiness.
Moy Ya Lim Yao vs. The Commissioner of Immigration
GR No. L-21289
EFFECTS (of Naturalization) —
The naturalization of an alien visitor as a Philippine citizen
logically produces the effect of conferring upon him ipso
facto all the rights of citizenship including that of being
entitled to permanently stay in the Philippines outside the
orbit of authority of the Commissioner of Immigration vis-
a-vis aliens, if only because by its very nature and express
provisions, the Immigration Law is a law only for aliens and
is inapplicable to citizens of the Philippines.
POLICY OF SELECTIVE ADMISSION—
Particularly refers to a case where a citizenship is sought to
be acquired in a judicial proceeding for naturalization. In
such a case, the courts should no doubt apply the national
policy of selecting only those who are worthy to become
citizens. There is here a choice between accepting or
rejecting the application for citizenship. But this policy
finds no application is cases where citizenship is conferred
by operation of law. In such cases, the courts have no choice
to accept or reject. If the individual claiming citizenship by
operations of law proves in legal proceedings that he
satisfies the statutory requirements, they cannot do
otherwise than to declare that he is a citizens of the
Philippines.
In Go vs Republic of the Philippines, the Court said that the
inclusion of present and former places of residence in the
petition is a jurisdictional requirement, without which the
petition suffers from a fatal and congenital defect which
cannot be cured by evidence on the omitted matter at the
trial.
Ong v. Republic of the Philippines enumerates the Additionally, in Chua v. Republic, the Court said that:
requirements of character witnesses, namely: The economic qualification for naturalization may be seen
1. That they are citizens of the Philippines; to embody the objective of ensuring that the petitioner
2. That they are "credible persons"; would not become a public charge or an economic burden
3. That they personally know the petitioner; upon society. The requirement relates, in other words, not
4. That they personally know him to be a resident of the simply to the time of execution of the petition for
Philippines for the period of time required by law; naturalization but also to the probable future of the
5. That they personally know him to be a person of good applicant for naturalization.
repute;
6. That they personally know him to be morally
irreproachable;
7. That he has, in their opinion, all the qualifications
necessary to become a citizen of the Philippines; and
8. That he "is not in any way disqualified under the
provisions" of the Naturalization Law.

In vouching for the good moral character of the applicant

for citizenship, a witness, for purposes of naturalization,
must be a "credible" person or one who has not been
previously convicted of a crime; who is not a police
character and has no police record; who has not perjured in
the past; or whose "affidavit" or testimony is not incredible.
What must be "credible" is not the declaration made, but the
person making it.

In Lim Ching Tian v. Republic, the Court explained that the

"law requires that a vouching witness should have actually
known an applicant for whom he testified for the requisite
period prescribed therein to give him the necessary
competence to act as such.

A long line of cases reveals that the Court did not hesitate
in reversing grants of citizenship upon a showing that the
applicant had no lucrative income and would, most likely,
become a public charge. A summary of some of these
notable cases is in order:

1. In the Matter of the Petition for Admission to Philippine

Citizenship of Engracio Chan also known as Nicasio Lim.
2. In the Matter of the Petition of Antonio Po to be admitted a
Citizen of the Philippines.
3. In the Matter of the Petition of Tanpa Ong Alias Pedro Tan to
be admitted a Citizen of the Philippines.
4. Keng Giok v. Republic.
5. Sy Ang Hoc vs. Republic.
6. In the Matter of the Petition to be admitted a Citizen of the
Philippines by Pantaleon Sia alias Afredo Sia.

In Uy v. Republic however, the Court laid down the public

policy underlying the lucrative income requirement as
follows:
[T]he Court must be satisfied that there is reasonable
assurance not only that the applicant will not be a social
burden or liability but that he is a potential asset to the
country he seeks to adopt for himself and quite literally, for
his children and his children's children.