Naturalization Process for Foreign Nationals in the Philippines

I. Introduction

Naturalization is the legal process by which a foreign national voluntarily acquires Philippine citizenship after fulfilling the requirements prescribed by law. In Philippine jurisprudence, naturalization is considered a privilege, not a right, and is granted only upon strict compliance with all statutory conditions. The Supreme Court has repeatedly held that the burden of proof lies heavily on the applicant, and any doubt must be resolved against the grant of citizenship (Republic v. De la Rosa, G.R. No. 104654, June 6, 1994; So v. Republic, G.R. No. L-20145, June 30, 1964).

The Philippines adheres to the principle of jus sanguinis (citizenship by blood) rather than jus soli (citizenship by place of birth), making naturalization the primary avenue for aliens who were neither born to Filipino parents nor entitled to citizenship by election under the 1935 or 1973 Constitutions.

II. Governing Laws

1. Commonwealth Act No. 473 (Revised Naturalization Law of 1939, as amended) – The principal law governing judicial naturalization.
2. Republic Act No. 9139 (Administrative Naturalization Law of 2001) – Provides a simplified administrative process for native-born aliens.
3. Republic Act No. 530 (1950) – Reduces the required period of residence from 10 years to 5 years for certain qualified applicants under CA 473.
4. Batas Pambansa Blg. 185 (1982) – Formerly provided simplified naturalization for certain long-term residents (expired and no longer applicable).
5. Individual Acts of Congress – Rare special laws granting citizenship to specific persons (e.g., certain athletes or investors).

III. Judicial Naturalization under Commonwealth Act No. 473 (As Amended)

This remains the most common mode of naturalization for foreign nationals.

A. Positive Qualifications (Section 2, CA 473)

The petitioner must prove ALL of the following:

1. Age – Not less than 21 years of age on the date of the hearing.
2. Residence – Continuous residence in the Philippines for at least 10 years.
   Reduced to 5 years if the petitioner falls under any of the following (RA 530):
   • Has honorably held any public office in the Philippines;
   • Has established a new industry or introduced a useful invention;
   • Is married to a Filipino woman;
   • Has been engaged as a teacher in a Philippine school (public or recognized private) for not less than 2 years;
   • Was born in the Philippines;
   • Has resided continuously in the Philippines since birth (even if born to alien parents).
3. Good moral character – Must believe in the principles underlying the Philippine Constitution and have conducted himself in a proper and irreproachable manner during his entire period of residence.
4. Property or occupation – Must own real estate in the Philippines worth at least ₱5,000 (Philippine currency) OR must have some known lucrative trade, profession, or lawful occupation.
5. Language requirement – Must be able to speak and write English or Spanish AND one of the principal Philippine languages (Tagalog, Cebuano, Ilocano, etc.). The Supreme Court has accepted Filipino/Tagalog as satisfying this requirement even without English/Spanish in meritorious cases involving long-term residents.
6. Education of children – All minor school-age children must be enrolled in recognized Philippine schools where Philippine history, government, and civics are taught.

B. Disqualifications (Section 4, CA 473)

The petitioner is absolutely disqualified if he:

1. Is opposed to organized government or is affiliated with any group that upholds or teaches doctrines opposing all organized government;
2. Defends or teaches the necessity or propriety of violence, personal assault, or assassination for the success of political ideas;
3. Is a polygamist or believes in the practice of polygamy;
4. Has been convicted of a crime involving moral turpitude;
5. Suffers from mental alienation or an incurable contagious disease;
6. Is a citizen or subject of a nation with which the Philippines is at war;
7. Is a citizen or subject of a foreign country whose laws do not grant Filipinos the right to become naturalized citizens (reciprocity principle – though this is rarely invoked strictly);
8. Has not mingled socially with Filipinos or has not evinced a sincere desire to embrace Filipino customs and traditions.

C. Procedural Steps (Sections 5–12, CA 473)

1. Declaration of Intention (Section 5)
   Must be filed with the Office of the Solicitor General (OSG) at least one year before filing the petition.
   Exemptions from declaration:

   • Born in the Philippines;
   • Completed elementary and high school in recognized Philippine schools;
   • Resided continuously in the Philippines since birth;
   • Served in the Philippine Armed Forces or Philippine National Police.

2. Filing of Verified Petition
   Filed with the Regional Trial Court (RTC) of the province/city where petitioner has resided for at least one year immediately preceding the filing.
   Must contain all jurisdictional facts and be supported by:

   • Affidavits of two credible Filipino citizens who personally know the petitioner and can attest to his character and qualifications;
   • Photographs, certificates of arrival, immigration documents, etc.

3. Publication and Posting
   The entire petition (not merely a notice) must be published in the Official Gazette and in a newspaper of general circulation once a week for three consecutive weeks.
   A copy must also be posted in a conspicuous place in the courthouse or municipal building.

4. Hearing
   Cannot be held earlier than six (6) months from the date of the last publication.
   No petition may be heard within thirty (30) days preceding any election.
   The Solicitor General or provincial fiscal appears on behalf of the Republic and may oppose the petition.

5. Decision
   If granted, the decision becomes final thirty (30) days after notice to the OSG unless appealed.

6. Two-Year Probationary Period
   The naturalization does not become effective until two (2) years after the decision is promulgated.
   During this period, the petitioner must file periodic reports with the OSG proving continued compliance with all qualifications and no disqualifying acts.
   Any violation (e.g., prolonged absence from the Philippines) results in automatic cancellation.

7. Oath of Allegiance and Issuance of Certificate
   After the two-year period, the petitioner takes the oath before the RTC.
   The Certificate of Naturalization is then issued and registered with the Civil Registrar General and the Bureau of Immigration.

IV. Administrative Naturalization under Republic Act No. 9139

This law provides a faster, cheaper alternative exclusively for native-born aliens (those born in the Philippines on or after January 17, 1973 to foreign parents who did not elect Philippine citizenship, or born before that date but did not elect).

Qualifications

1. Born in the Philippines and residing continuously here since birth;
2. At least 18 years of age;
3. Good moral character;
4. Must have mingled socially with Filipinos;
5. Ability to speak and write Filipino or English and any principal Philippine language;
6. Minor children enrolled in Philippine schools (if any).

Procedure

1. File petition with the Special Committee on Naturalization (chaired by the Solicitor General, with members from DOJ, DFA, and NSO).
2. Payment of ₱100,000 filing fee (as of latest OSG regulations).
3. Publication once in a newspaper of general circulation.
4. Interview and evaluation by the Committee.
5. If approved, oath-taking before the Committee.
6. No two-year probationary period.

The entire process typically takes 6–12 months.

V. Derivative Citizenship

1. Minor children (below 18) of the naturalized parent automatically become Filipino citizens upon the parent's naturalization if they are residing in the Philippines and are included in the petition.
2. Alien wife of a naturalized Filipino does not automatically acquire citizenship. She must file her own petition (though she qualifies for the 5-year reduced residence under RA 530).
3. Children born abroad to the naturalized parent after naturalization are Filipino citizens by jus sanguinis.

VI. Effects of Naturalization

• Full civil and political rights (including suffrage, property ownership without restrictions, practice of professions).
• Loss of original citizenship (unless the country of origin allows dual citizenship).
• Cannot be deported except for cause.
• Subject to Philippine taxes and military service obligations.

VII. Cancellation of Certificate of Naturalization (Section 18, CA 473)

Grounds (must be filed by the State within 5 years from discovery):

1. Obtained through fraud, false representation, or concealment of material facts;
2. Petitioner allowed himself to be used as a dummy;
3. Within 5 years after naturalization, established permanent residence abroad or remained abroad continuously for more than 1 year without justifiable reason;
4. Naturalization obtained illegally or in violation of the law.

Cancellation proceedings are filed with the RTC and revert the person to alien status, with retroactive effect.

VIII. Practical Notes and Jurisprudential Doctrines

• The Supreme Court strictly construes naturalization statutes. Substantial compliance is insufficient; all requirements must be proved beyond reasonable doubt.
• Prolonged or frequent trips abroad during residence period may break the continuity requirement.
• Lucrative occupation means income sufficient to support oneself and family decently (not merely subsistence).
• The two-year probationary period is mandatory and cannot be waived.
• Administrative naturalization under RA 9139 has been upheld as constitutional (Kookooritchkin v. Solicitor General, G.R. No. 181104, August 3, 2010).

Foreign nationals seeking Philippine citizenship must therefore prepare meticulously, engage competent counsel, and expect the process to take 4–6 years (judicial) or 1–2 years (administrative, if qualified). Naturalization, once granted, is irrevocable except on the limited grounds provided by law.