Philippine Naturalization Process for Foreign Nationals

I. Introduction

Naturalization is the legal process by which a foreign national voluntarily acquires Philippine citizenship after fulfilling the requirements prescribed by law. In the Philippine legal system, naturalization is the only mode by which a person who was never a Filipino citizen at any point in his life may become a Filipino citizen.

The Philippines adheres principally to the jus sanguinis principle of citizenship. Birth in Philippine territory does not automatically confer Philippine citizenship (except for foundlings under RA 8552 and certain constitutional interpretations). Consequently, foreign nationals who wish to become Filipino citizens must undergo naturalization or, in rare cases, benefit from a special law passed by Congress.

There are three forms of naturalization available to foreign nationals under Philippine law:

  1. Judicial naturalization (Commonwealth Act No. 473, as amended)
  2. Administrative naturalization (Republic Act No. 9139)
  3. Naturalization by special act of Congress

Each has distinct requirements, procedures, and applicability.

II. Legal Framework

The 1987 Constitution (Article IV, Section 1(4)) recognizes only one category of citizenship acquired after birth: “Those who are naturalized in accordance with law.” Congress is therefore exclusively empowered to prescribe the manner and requirements for naturalization.

Principal laws:

  • Commonwealth Act No. 473 (Revised Naturalization Law, 17 June 1939), as amended by Republic Act No. 530 (1950) and other statutes
  • Republic Act No. 9139 (Administrative Naturalization Law of 2001)
  • Batas Pambansa Blg. 73 (for certain investors, now largely obsolete)
  • Individual special naturalization laws passed by Congress (e.g., for distinguished athletes, scientists, or long-term residents)

III. Judicial Naturalization (Commonwealth Act No. 473, as amended)

This is by far the most commonly used mode of naturalization for foreign nationals.

A. General Qualifications (Section 2, CA 473)

The petitioner must possess ALL of the following qualifications at the time of hearing:

  1. Not less than twenty-one (21) years of age on the date of the hearing
  2. Continuous residence in the Philippines for at least ten (10) years
  3. Good moral character, belief in the principles underlying the Philippine Constitution, and irreproachable conduct during the entire period of residence
  4. Ownership of real estate in the Philippines worth at least PHP 5,000 (or a known lucrative trade, profession, or lawful occupation)
  5. Ability to speak and write English or Spanish and any one of the principal Philippine languages (Tagalog, Cebuano, Ilocano, Hiligaynon, etc.)
  6. Enrollment of minor children of school age in Philippine public or recognized private schools where Philippine history, government, and civics are taught during the entire period of residence required prior to the hearing

B. Reduced Residence Period (Five Years Instead of Ten)

The ten-year residence requirement is reduced to five (5) years if the petitioner:

  1. Has honorably held office under the Philippine Government or any political subdivision
  2. Has established a new industry or introduced a useful invention in the Philippines
  3. Is married to a Filipino woman
  4. Has been engaged as a teacher in a public or recognized private school (not limited to aliens) for at least two (2) years
  5. Was born in the Philippines

C. Disqualifications (Section 4, CA 473)

The following persons are absolutely disqualified:

  1. Persons opposed to organized government or affiliated with groups that teach or advocate the overthrow of government by force or violence
  2. Persons defending or teaching the necessity or propriety of violence, personal assault, or assassination for the success of their ideas
  3. Polygamists or believers in polygamy
  4. Persons convicted of a crime involving moral turpitude
  5. Persons suffering from mental alienation or incurable contagious diseases
  6. Citizens or subjects of nations with which the Philippines is at war (during the war)
  7. Citizens or subjects of a foreign country whose laws do not grant Filipinos the right to become naturalized citizens or subjects thereof (reciprocity requirement — this ground is rarely invoked because most countries now allow dual citizenship or naturalization of foreigners)

D. Procedure

  1. Declaration of Intention (Section 5)

    • Must be filed with the Office of the Solicitor General (OSG) at least one (1) year before filing the petition.
    • Exemptions from filing declaration (Section 6):
      • Persons born in the Philippines
      • Persons who have received primary and secondary education in Philippine schools recognized by the Government and not limited to any race or nationality
      • Persons who have resided continuously in the Philippines for thirty (30) years or more
      • Widows and minor children of deceased petitioners who died in good standing
      • Persons married to Filipino citizens (jurisprudence has extended this)

  2. Filing of Verified Petition

    • Filed with the Regional Trial Court (RTC) of the province/city where petitioner has resided for at least one (1) year immediately preceding the filing
    • Must be supported by two (2) Filipino character witnesses who are credible persons
    • Accompanied by affidavits of witnesses, photographs, immigration documents, tax returns, school records of children, etc.

  3. Publication

    • The petition and notice of hearing must be published once a week for three (3) consecutive weeks in the Official Gazette and in a newspaper of general circulation in the province
    • Copy posted conspicuously in the court and in the municipal building

  4. Hearing

    • Scheduled not earlier than six (6) months from the date of the last publication
    • The Solicitor General or provincial fiscal appears on behalf of the Republic and may oppose
    • Petitioner and witnesses are examined under oath

  5. Decision

    • If the court is satisfied that all requirements are met and there is no valid opposition, it renders a decision granting naturalization

  6. Two-Year Probationary Period (Section 1, RA 530)

    • After the decision becomes final, the petitioner enters a two-year probationary period
    • During this period, the court retains jurisdiction and may cancel the naturalization if the petitioner:
      • Returns to his native country or to some foreign country and establishes residence there for more than one year (except for valid reasons)
      • Commits any act prejudicial to the interest of the nation or contrary to public policy
    • The two-year period is waived or not applied if the petitioner:
      • Is married to a Filipino woman and/or
      • Has minor school-age children enrolled in recognized Philippine schools

  7. Oath of Allegiance

    • After the probationary period (or immediately if waived), the petitioner takes the oath of allegiance before the RTC
    • Upon taking the oath, the court issues the Certificate of Naturalization
    • The Bureau of Immigration cancels the Alien Certificate of Registration (ACR) and issues a Philippine Identification Card

E. Effects of Judicial Naturalization

  • The petitioner becomes a Filipino citizen from the date of the oath of allegiance
  • Minor unmarried children below 18 years old (or 21 in some interpretations) who are residing in the Philippines acquire Philippine citizenship derivatively
  • The spouse does NOT automatically acquire citizenship; she/he must file a separate petition (though with reduced requirements)
  • Naturalized citizens enjoy all civil and political rights except those reserved for natural-born citizens (President, Vice-President, Senators, Representatives, Chief Justice and Justices of the Supreme Court, COMELEC Commissioners, etc.)

IV. Administrative Naturalization (Republic Act No. 9139)

Enacted in 2001 to provide a faster, less expensive alternative for native-born foreign nationals.

Eligibility (Section 3, RA 9139)

The applicant must:

  1. Be at least eighteen (18) years of age
  2. Have been born in the Philippines and residing therein continuously since birth
  3. Be of good moral character and believe in the principles underlying the Philippine Constitution
  4. Have conducted himself/herself in a proper and irreproachable manner
  5. Have a known lucrative trade, profession, or lawful occupation
  6. Be able to speak and write English or Spanish and any one of the principal Philippine languages
  7. Have mingled socially with Filipinos and evinced a sincere desire to learn and embrace Philippine customs, traditions, and ideals

Procedure

  1. Petition filed directly with the Special Committee on Naturalization (chaired by the Solicitor General, with members from DOJ, DFA, and NSO/PSA)
  2. Publication and posting requirements similar to judicial naturalization
  3. Interview and background investigation
  4. If approved, the Committee issues a Certificate of Naturalization (no court hearing required)
  5. Oath taken before any RTC judge or authorized official

This mode is significantly faster (typically 12–18 months) and less costly than judicial naturalization.

Note: RA 9139 has withstood constitutional challenges (G.R. No. 157870, 2006, and subsequent cases) and remains valid and operational.

V. Naturalization by Special Act of Congress

Congress may, by individual statute, grant Philippine citizenship to specific foreign nationals who have rendered exceptional or meritorious service to the country (e.g., athletes who win Olympic medals, distinguished scientists, long-term missionaries, etc.).

Examples:

  • RA 11648 (2022) – naturalization of Justin Brownlee (basketball player)
  • RA 10646 (2014) – Andray Blatche
  • Numerous individual laws for clergymen, educators, and investors

This mode bypasses residence and other requirements but requires bicameral approval and presidential signature.

VI. Practical Considerations and Observations (as of 2025)

  • Judicial naturalization typically takes 3–7 years from filing to oath, depending on court calendar, OSG opposition, and whether the two-year probation applies.
  • Total cost ranges from PHP 500,000 to PHP 1,500,000+ (legal fees, publication, taxes, immigration clearances, etc.).
  • Administrative naturalization under RA 9139 costs significantly less (approximately PHP 150,000–300,000) and is completed in 1–2 years.
  • The oath of allegiance requires an express renunciation of foreign allegiance. However, the Philippines does not require surrender of the original passport and does not actively monitor dual citizenship. Many naturalized Filipinos therefore retain their original citizenship if their country of origin permits dual nationality.
  • Naturalization is irrevocable except through formal denaturalization proceedings (very rare).
  • Permanent residents (13A visa holders, SRRV, etc.) often choose not to naturalize because they already enjoy most economic rights without having to renounce their original citizenship.

VII. Conclusion

Naturalization remains the sole gateway to Philippine citizenship for foreign nationals who were never Filipino citizens by birth or blood. While the process is rigorous and time-consuming, it offers full integration into Philippine society and the right to participate fully in national life — subject only to the constitutional restrictions on certain high offices reserved for natural-born citizens.

For most foreign nationals, judicial naturalization under Commonwealth Act No. 473 (as amended) remains the primary avenue, supplemented by the faster administrative route under RA 9139 for native-born aliens and occasional legislative franchises for exceptional individuals. The requirements reflect the Philippines' long-standing policy of ensuring that those who seek its citizenship have genuinely embraced its values, language, and way of life.

Disclaimer: This content is not legal advice and may involve AI assistance. Information may be inaccurate.

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