Philippine Naturalization: Requirements and Procedure for Long-Term Foreign Residents

Introduction

Naturalization in the Philippines refers to the legal process by which a foreign national acquires Philippine citizenship. This process is primarily governed by Commonwealth Act No. 473 (CA 473), also known as the Revised Naturalization Law of 1939, as amended. For long-term foreign residents—those who have resided in the country for extended periods—the law provides pathways to citizenship through judicial or administrative means, emphasizing integration into Philippine society, good moral character, and adherence to constitutional principles.

While the Philippines adheres to the principle of jus sanguinis (citizenship by blood) rather than jus soli (citizenship by birth on soil), naturalization offers a route for foreigners to become citizens. This is particularly relevant for long-term residents who have established deep ties, such as through marriage, business, or family. The process is rigorous, requiring proof of assimilation and loyalty, and is overseen by courts or administrative bodies. Exemptions and reduced requirements apply in certain cases, such as for those married to Filipinos or with special qualifications.

This article comprehensively outlines the requirements, procedures, special provisions, potential challenges, and related legal considerations for naturalization in the Philippine context.

Legal Framework

The primary statute is CA 473, enacted during the Commonwealth period and still in force with amendments. Key amendments include Republic Act No. 530 (RA 530), which added a two-year probationary period after approval, and Republic Act No. 9139 (RA 9139), the Administrative Naturalization Law of 2000, which provides an alternative administrative route for certain qualified foreigners.

Additionally, the 1987 Philippine Constitution (Article IV) stipulates that citizenship may be acquired through naturalization as provided by law. The Bureau of Immigration (BI) and the Office of the Solicitor General (OSG) play key roles in implementation and oversight. Naturalized citizens enjoy full rights, except those reserved for natural-born citizens, such as running for certain elective offices.

For long-term residents, the emphasis is on demonstrating continuous residence and social integration, distinguishing this from shorter-term visa holders or tourists.

Requirements for Naturalization

Eligibility for naturalization under CA 473 requires meeting strict criteria to ensure the applicant is fully integrated and committed to the Philippines. These are divided into general, residency, moral, educational, and economic requirements.

General Requirements

Age: The applicant must be at least 21 years old at the time of filing the petition. Minors may be included in a parent's petition if they are under 21 and unmarried.
Capacity: The applicant must not suffer from any disqualification, such as being a citizen of a country at war with the Philippines, having been convicted of a crime involving moral turpitude, or advocating violence or disloyalty to the government.
Health and Beliefs: The applicant must be of good health and believe in the principles underlying the Philippine Constitution, including democracy and non-violence. Polygamists, those with contagious diseases, or individuals opposed to organized government are disqualified.

Residency Requirements

Duration: Continuous residence in the Philippines for at least 10 years immediately preceding the petition. This is reduced to 5 years for applicants who:
- Have honorably held office under the Philippine government.
- Established a new industry or introduced a useful invention.
- Are married to a Filipino citizen.
- Have been teachers in Philippine schools for at least 2 years.
- Were born in the Philippines.
Continuity: Residence must be uninterrupted, though brief absences for business or health reasons may be excused if they do not exceed six months per year. Long-term residents must provide evidence like lease agreements, tax payments, or employment records to prove this.

Moral and Character Requirements

Good Moral Character: The applicant must have conducted themselves in a proper and irreproachable manner during their entire residence. This includes no criminal record involving moral turpitude (e.g., fraud, theft, or violence). Character witnesses are required to attest to this.
Social Integration: The applicant must have mingled socially with Filipinos, adopted their customs, and shown a genuine desire to learn and embrace Philippine traditions. Membership in local organizations or community involvement can support this.

Language and Education Requirements

Language Proficiency: Ability to speak and write English or Spanish, and at least one principal Philippine dialect (e.g., Filipino/Tagalog, Cebuano). This is tested during hearings.
Education of Children: If the applicant has minor children, they must be enrolled in schools (public or private) where Philippine history, government, and civics are taught as part of the curriculum.
Personal Education: The applicant should have received primary and secondary education in such schools, unless exempted (e.g., if over 50 years old or physically unable to attend).

Economic Requirements

Financial Stability: Ownership of real estate worth at least PHP 5,000 or engagement in a legitimate occupation yielding an average annual income sufficient to support a family (historically set at around PHP 5,000, though adjusted for inflation in practice).
Tax Compliance: Proof of payment of taxes and absence of tax evasion charges.

Under RA 9139, administrative naturalization is available to foreigners born in the Philippines who have resided continuously since birth. Requirements are similar but streamlined, with no need for a declaration of intention, and focus on those who lost potential citizenship due to parental status.

Procedure for Naturalization

The process under CA 473 is judicial, involving courts, while RA 9139 is administrative through a Special Committee on Naturalization (SCN). Long-term residents typically follow the judicial route unless eligible for administrative.

Judicial Naturalization (CA 473)

Declaration of Intention: Filed with the OSG at least one year before the petition. Exemptions apply to those born in the Philippines, married to Filipinos, or with special qualifications (e.g., teachers, widows of Filipinos). The declaration affirms intent to become a citizen and renounce foreign allegiance.
Filing the Petition: Submitted to the Regional Trial Court (RTC) in the applicant's province of residence after the one-year waiting period. The petition includes:
- Personal details (name, age, birthplace, residence).
- Affidavits from two credible witnesses (Filipino citizens of good repute).
- Photographs and fingerprints.
- Proof of requirements (residency documents, character certificates, language proficiency evidence).
- Filing fee (approximately PHP 20,000–30,000, subject to court adjustments).
Publication and Posting: The petition is published once a week for three weeks in the Official Gazette and a newspaper of general circulation. It is also posted in public places for 10 days.
Hearing: Conducted by the RTC after publication. The OSG represents the government and may oppose if requirements are unmet. The applicant testifies, presents evidence, and undergoes cross-examination. Witnesses vouch for character and integration. Language tests may occur here.
Decision: If approved, the court issues a decision. However, under RA 530, this is not final; a two-year probationary period follows, during which the applicant must not leave the Philippines without permission or commit disqualifying acts.
Final Oath and Certificate: After probation, if no issues arise, the applicant takes the oath of allegiance before the court, renouncing foreign citizenship. A Certificate of Naturalization is issued by the BI, and the applicant registers as a voter if eligible.

The entire process can take 2–5 years, depending on court backlogs and oppositions.

Administrative Naturalization (RA 9139)

For foreigners born in the Philippines and residing continuously since birth:

Petition Filing: Submitted to the SCN (chaired by the Solicitor General, with members from the Department of Foreign Affairs and BI).
Requirements Check: Similar to judicial but with a PHP 40,000 filing fee (adjustable). No declaration of intention needed.
Evaluation and Interview: The SCN reviews documents and conducts interviews.
Decision: If approved, the President issues a decree granting citizenship. A one-year probation applies.
Oath: Taken before the SCN or a designated officer.

This route is faster (1–2 years) and less adversarial, suited for long-term residents born locally.

Special Cases and Exemptions

Marriage to Filipinos: Spouses of Filipino citizens enjoy reduced residency (5 years) and exemption from declaration. However, marriage must be valid and subsisting; sham marriages lead to denial and penalties.
Children of Naturalized Citizens: Minor children automatically become citizens upon the parent's naturalization, provided they reside in the Philippines.
Former Filipinos: Under Republic Act No. 9225 (Dual Citizenship Law of 2003), natural-born Filipinos who lost citizenship through foreign naturalization can reacquire it by taking an oath, without full naturalization. This does not apply to pure foreigners but is relevant for mixed families.
Refugees and Stateless Persons: Special considerations under international conventions (e.g., 1951 UN Refugee Convention), though the Philippines prioritizes national laws.
Disqualifications: Citizens of countries without diplomatic relations with the Philippines or those posing security risks are barred.

Challenges and Considerations

Dual Citizenship: The Philippines allows dual citizenship for naturalized citizens if their original country permits it. However, allegiance to the Philippines must be primary.
Denaturalization: Citizenship can be revoked for fraud, disloyalty, or acquiring it unlawfully (e.g., per CA 473, Section 18).
Costs: Beyond filing fees, legal representation (PHP 50,000–200,000) and document gathering add expenses.
Appeals: Denied petitions can be appealed to the Court of Appeals and Supreme Court.
Immigration Status: Applicants must hold valid long-term visas (e.g., permanent resident via marriage or investment under RA 7919 for alien employment).
Recent Developments: While CA 473 remains foundational, proposals for modernization (e.g., easing language requirements for elderly applicants) occasionally arise in Congress, but no major overhauls have occurred.

Conclusion

Naturalization offers long-term foreign residents a pathway to full integration into Philippine society, granting rights like voting, property ownership without restrictions, and public office eligibility (with limitations). However, the process demands substantial commitment, documentation, and patience. Prospective applicants should consult legal experts or the BI for personalized guidance, ensuring compliance with all requirements to avoid delays or denials. Through naturalization, the Philippines balances national sovereignty with inclusivity for those who contribute meaningfully to its cultural and economic fabric.