Overview
Philippine citizenship by naturalization is a legal process by which a foreign national acquires Filipino citizenship after meeting specific qualifications and following procedures laid down by Philippine law. Naturalization allows a person to enjoy full civil and political rights reserved for citizens, including the right to vote, own land, and engage in certain professions restricted to Filipinos.
The process is governed primarily by Commonwealth Act No. 473, also known as the Revised Naturalization Law, as well as related laws such as Republic Act No. 9139 (Administrative Naturalization Law of 2000). The procedure varies depending on whether the applicant pursues judicial or administrative naturalization.
Legal Basis
The principal statutes governing naturalization in the Philippines are:
- Commonwealth Act No. 473 — The Revised Naturalization Law (1939), providing for judicial naturalization.
- Republic Act No. 530 — Defines the conditions under which naturalization certificates take effect.
- Republic Act No. 9139 — Administrative Naturalization Law of 2000, which simplifies the process for certain aliens who have been long-term residents of the Philippines.
- Commonwealth Act No. 63 — Defines modes of losing and reacquiring Philippine citizenship.
Modes of Acquiring Philippine Citizenship by Naturalization
- Judicial Naturalization — Accomplished through a petition filed before the Regional Trial Court (RTC) of the province or city where the applicant resides.
- Administrative Naturalization — Available to certain aliens who meet streamlined criteria, processed through the Department of Justice (DOJ) and the Bureau of Immigration (BI).
- Legislative Naturalization — Citizenship granted through an act of Congress, usually for exceptional cases or national interest.
Qualifications for Naturalization (Judicial Process)
Under Section 2 of Commonwealth Act No. 473, an applicant must:
- Be at least 21 years old at the time of filing.
- Have resided continuously in the Philippines for at least 10 years (may be reduced to 5 years under certain conditions, such as marriage to a Filipino or engagement in a useful trade).
- Be of good moral character, and believe in the principles of the Philippine Constitution.
- Own real estate or have a known lucrative trade, profession, or lawful occupation.
- Be able to speak and write in English or Spanish, and any one of the principal Philippine languages.
- Have enrolled minor children in Philippine schools recognized by the government, where Philippine history, civics, and government are taught.
Disqualifications
The following persons are disqualified from applying:
- Those opposed to organized government or affiliated with groups advocating violence or the overthrow of the government.
- Persons convicted of crimes involving moral turpitude.
- Persons suffering from mental alienation or incurable contagious diseases.
- Polygamists or those who believe in polygamy.
- Citizens or subjects of countries at war with the Philippines during the application.
Judicial Naturalization Process
Step 1: Filing the Petition
The applicant must file a verified petition for naturalization in the Regional Trial Court of the province or city of residence. The petition must state:
- Applicant’s full name, age, and place of birth.
- Present and previous places of residence.
- Occupation and source of income.
- Names and ages of wife and children.
- Property owned and evidence of income.
- Applicant’s intention to reside permanently in the Philippines.
The petition must be accompanied by:
- Two character witnesses (Filipino citizens) who can vouch for the applicant’s moral character.
- Supporting documents, such as birth certificates, alien certificate of registration (ACR), income tax returns, and evidence of residence.
Step 2: Publication and Hearing
Upon filing, the court orders publication of the petition in the Official Gazette and a newspaper of general circulation once a week for three consecutive weeks. This is to allow any person or government agency to oppose the petition.
A formal hearing follows, where the applicant and witnesses testify. The Solicitor General or City Prosecutor represents the government and may oppose the application.
Step 3: Decision and Oath of Allegiance
If the court finds the applicant qualified, it issues a decision granting naturalization. However, under R.A. 530, the judgment does not become final until after two years, during which the applicant must not:
- Leave the Philippines to reside abroad.
- Commit any crime or act showing moral unfitness.
- Fail to remain gainfully employed or engaged in business.
After the two-year probationary period, the applicant takes an Oath of Allegiance and is issued a Certificate of Naturalization, officially becoming a Filipino citizen.
Administrative Naturalization under R.A. 9139
Who May Apply
This process is available to aliens born and residing in the Philippines who have lived continuously since birth and meet the following:
- At least 18 years old.
- Of good moral character and conduct.
- Has received primary and secondary education in Philippine schools.
- Has a known lawful income or source of livelihood.
- Not opposed to organized government.
- Can speak and write Filipino or any Philippine language and English.
Procedure
- Filing of Petition with the DOJ Naturalization Secretariat.
- Evaluation and Verification by the DOJ and National Bureau of Investigation (NBI).
- Publication in a newspaper and posting in public places.
- Review and Approval by a Special Committee on Naturalization.
- Issuance of Naturalization Certificate and taking of Oath of Allegiance.
The process is typically faster and less costly than judicial naturalization.
Rights and Obligations After Naturalization
Upon naturalization, the person becomes a full citizen of the Philippines and acquires all civil and political rights, such as:
- The right to vote and run for public office.
- The right to own land and engage in businesses restricted to Filipino citizens.
- The duty to obey Philippine laws, pay taxes, and defend the country if required.
Naturalized citizens are also subject to loss or revocation of citizenship if obtained fraudulently or if they reacquire foreign citizenship without reacquiring Philippine citizenship under R.A. 9225.
Dual Citizenship Considerations
While naturalization generally requires renunciation of previous citizenship, under R.A. 9225 (Citizenship Retention and Re-acquisition Act of 2003), natural-born Filipinos who became citizens of another country may reacquire Philippine citizenship through a simplified administrative process. However, foreign nationals who become naturalized Filipinos are not automatically entitled to dual citizenship unless allowed by their country of origin.
Conclusion
Applying for Philippine citizenship by naturalization is a comprehensive legal process designed to ensure that only those who have demonstrated loyalty, integration, and good moral standing within Philippine society are granted this privilege. Whether through judicial or administrative means, naturalization carries both rights and responsibilities—serving as a vital gateway for foreign nationals seeking full participation in the political, economic, and cultural life of the Philippines.