Philippine Naturalization for Non-Filipinos: Do You Need Proof of Release From Prior Citizenship?

Introduction

Naturalization is the legal process by which a non-Filipino acquires Philippine citizenship. In the Philippines, this process is governed primarily by Commonwealth Act No. 473 (CA 473), also known as the Revised Naturalization Law, enacted in 1939 and amended over the years. Additional pathways exist through Republic Act No. 9139 (RA 9139), the Administrative Naturalization Law of 2000, and legislative naturalization via acts of Congress. These laws outline the qualifications, procedures, and obligations for foreigners seeking to become Filipino citizens.

A key aspect of naturalization is the requirement to renounce allegiance to one's prior citizenship. This raises a common question: Must applicants provide proof that they have been formally released from their original citizenship by their home country? This article explores the full scope of Philippine naturalization for non-Filipinos, with a focus on the renunciation requirement, documentation needs, and whether proof of release is mandatory. It draws on the legal framework, procedural details, and practical implications to provide a comprehensive overview.

Legal Framework for Naturalization in the Philippines

Philippine citizenship can be acquired by birth (jus soli or jus sanguinis principles under the 1987 Constitution) or by naturalization. For non-Filipinos, naturalization is the primary route. The 1987 Constitution (Article IV, Section 1) recognizes naturalized citizens as full Filipinos, but the process is stringent to ensure loyalty and integration.

Key Laws and Modes of Naturalization

Judicial Naturalization (CA 473): This is the traditional method, handled by Regional Trial Courts. It applies to most foreigners and requires a petition filed after meeting residency and other qualifications.
Administrative Naturalization (RA 9139): A streamlined process for aliens born in the Philippines and residing there continuously since birth. Applications are filed with the Special Committee on Naturalization (SCN) under the Office of the Solicitor General.
Legislative Naturalization: Rare and reserved for individuals of exceptional merit, granted directly by Congress through a specific law (e.g., for athletes or philanthropists).

Derivative naturalization may also apply to minor children of naturalized parents, who can acquire citizenship automatically or through petition.

While RA 9225 (Citizenship Retention and Re-acquisition Act of 2003) allows dual citizenship for natural-born Filipinos who lost citizenship through foreign naturalization, it does not extend to non-Filipinos naturalizing in the Philippines. For the latter, the process emphasizes exclusive allegiance to the Philippines.

Qualifications for Naturalization

Under CA 473, applicants must meet the following criteria (Section 2):

Be at least 21 years old on the date of the hearing.
Have resided in the Philippines continuously for at least 10 years (reduced to 5 years if the applicant has honorably served in the Philippine armed forces, established a new industry, married a Filipino citizen, or worked as a teacher in Philippine schools for at least two years).
Possess good moral character and believe in the principles of the Philippine Constitution.
Own real estate worth at least PHP 5,000 or have a lucrative trade, profession, or occupation.
Be able to speak and write English or Spanish and at least one principal Philippine language (e.g., Filipino, Cebuano).
Have enrolled minor children in schools teaching Philippine history, government, and civics.
Have mingled socially with Filipinos and embraced Philippine customs.

RA 9139 relaxes some requirements for Philippine-born aliens, such as reducing the language proficiency to English, Spanish, or any Philippine dialect, and requiring only continuous residence since birth (no fixed years).

Disqualifications include opposition to organized government, polygamy, conviction of crimes involving moral turpitude, incurable contagious diseases, or advocacy of violence (CA 473, Section 4).

The Renunciation Requirement

A cornerstone of Philippine naturalization is the renunciation of prior allegiance, reflecting the principle of undivided loyalty. This is explicitly mandated in both CA 473 and RA 9139.

Under CA 473 (Judicial Naturalization)

Declaration in the Petition: The applicant's petition must include a declaration of intention to become a Philippine citizen and a statement renouncing "absolutely and forever all allegiance and fidelity to any foreign prince, potentate, state, or sovereignty" (Section 5).
Oath of Allegiance: Upon approval, the applicant takes an oath before the court, which includes: "I absolutely and entirely renounce and abjure all allegiance and fidelity to any foreign prince, potentate, state, or sovereignty of whom or which I have heretofore been a subject or citizen; and I will support and defend the Constitution of the Philippines against all enemies, foreign and domestic..." (Section 12).

This oath is administered only after a two-year waiting period following the declaration of intention (waivable under certain conditions) and a court hearing.

Under RA 9139 (Administrative Naturalization)

Similar to CA 473, the petition must include an affirmation of renunciation.
The oath taken before the SCN mirrors the judicial oath, emphasizing renunciation of foreign allegiance.

In legislative naturalization, the enabling law typically incorporates a renunciation clause.

The renunciation is effective upon taking the oath, making the individual a Filipino citizen from that moment. However, its recognition by the applicant's original country depends on that country's laws. For instance, if the home country permits dual citizenship, the renunciation may not result in loss of original citizenship, leading to de facto dual citizenship. Conversely, countries like China or India may require formal procedures for renunciation, independent of the Philippine process.

Do You Need Proof of Release From Prior Citizenship?

The central question: Does Philippine law require applicants to submit proof—such as a certificate of loss of nationality, expatriation document, or official release from the home government—that they have been formally discharged from their prior citizenship?

General Answer: No, Proof is Not Required

Based on the statutes and standard procedures:

Neither CA 473 nor RA 9139 explicitly mandates proof of release from prior citizenship as a prerequisite for naturalization.
The renunciation is satisfied through the declaration in the petition and the oath of allegiance. These acts are directed toward the Philippine government and are sufficient for granting citizenship under Philippine law.
The focus is on the applicant's intent and commitment to the Philippines, not on confirmation from the foreign state. The Philippine authorities do not verify whether the home country has acknowledged or processed the renunciation.

This aligns with naturalization practices in many jurisdictions, where the renunciation oath is symbolic and binding under the adopting country's law, but enforcement of citizenship loss is left to the original country.

Exceptions and Practical Considerations

While proof is not statutorily required, certain scenarios may indirectly involve it:

Home Country Requirements: If the applicant's original country does not recognize unilateral renunciation (e.g., requires filing a formal renunciation with its embassy or authorities), the applicant might need to obtain such proof for personal reasons, such as avoiding dual taxation or military service obligations. However, this is not submitted to Philippine authorities as part of the naturalization application.
Special Cases for Certain Nationalities: Historically, additional requirements applied to specific groups, such as Chinese nationals under older laws (e.g., Letter of Instruction No. 270 in 1975 for mass naturalization), which sometimes required affidavits or proofs related to allegiance. These are no longer standard but could influence individual cases if flagged during vetting.
Court or SCN Discretion: During hearings, the court (in judicial naturalization) or SCN (in administrative) may inquire about the applicant's citizenship status. If doubts arise about sincerity (e.g., evidence of retaining foreign passports without intent to relinquish), the application could be denied. In rare instances, applicants from countries with strict citizenship laws might voluntarily submit proof to strengthen their case, but this is not obligatory.
Post-Naturalization Implications: After naturalization, if the individual is found to have falsely renounced (e.g., by retaining and using foreign citizenship actively), citizenship can be revoked under CA 473 (Section 18) for fraud or disloyalty. No upfront proof is needed, but ongoing compliance is expected.

In summary, while renunciation is mandatory, proof of release from the prior citizenship is not a required document in the Philippine naturalization process. The oath serves as the legal mechanism for renunciation.

Documentation and Process

To illustrate, here is a typical list of documents for judicial naturalization (non-exhaustive; varies by court):

Petition with declaration of renunciation.
Birth certificate (authenticated if foreign).
Marriage certificate (if applicable).
Children's birth certificates.
Alien Certificate of Registration (ACR) and Immigrant Certificate of Residence (ICR).
NBI and police clearances.
Medical certificate confirming no disqualifying diseases.
Income tax returns for the last three years.
Affidavits from two Filipino character witnesses.
School certificates for language proficiency and children's enrollment.
Proof of residence and property/occupation.

No item specifies proof of release. The process involves filing, publication in newspapers, hearings, decision, oath-taking, and issuance of the Certificate of Naturalization.

For RA 9139, documents are similar but submitted to the SCN, with fees around PHP 100,000–200,000 (subject to change).

Implications of Renunciation and Dual Citizenship

Dual Citizenship Possibility: If the original country allows it, naturalized Filipinos may hold dual citizenship despite the renunciation oath. The Philippines does not prohibit this for incoming naturalized citizens, as the renunciation is a one-way commitment to Philippine loyalty.
Rights and Obligations: Naturalized citizens enjoy full rights except those reserved for natural-born (e.g., running for president). They must comply with laws like voting, taxation, and military service if applicable.
Revocation Risks: Citizenship can be canceled for disloyalty, such as acquiring another citizenship post-naturalization without renouncing Philippine ties (though dual is tolerated if pre-existing).
International Aspects: Treaties (e.g., with the US or ASEAN countries) may affect citizenship status, but renunciation proof remains irrelevant to Philippine approval.

Conclusion

Philippine naturalization for non-Filipinos is a rigorous process emphasizing integration and loyalty, with renunciation of prior allegiance as a non-negotiable element. However, applicants do not need to provide proof of release from their prior citizenship; the declaration and oath suffice under Philippine law. This approach prioritizes the applicant's commitment over foreign bureaucratic confirmation. Prospective applicants should consult legal experts or the Bureau of Immigration for case-specific advice, as individual circumstances (e.g., nationality-specific treaties) may introduce nuances. Ultimately, naturalization fosters a new national identity while respecting the complexities of global citizenship.