Philippine Naturalization Process for Foreigners

Disclaimer: This article is for informational purposes only and does not constitute legal advice. Laws, rules, and regulations change over time; thus, it is advisable to consult with a qualified attorney or the Philippine Bureau of Immigration for the most up-to-date and specific guidance on any matter related to citizenship or naturalization.

Introduction

The Philippines, like many countries, has legal pathways through which a foreigner can become a naturalized Filipino citizen. The primary laws governing Philippine citizenship are found in the 1987 Philippine Constitution, Commonwealth Act No. 473 (also known as the Revised Naturalization Law), and subsequent special laws such as Republic Act (R.A.) No. 9139 (Administrative Naturalization Law of 2000). This article presents an overview of “all there is to know” about the Philippine naturalization process for foreigners—the legal bases, requirements, procedures, and related considerations.

Legal Bases and Governing Laws

  1. 1987 Philippine Constitution

    • Primarily outlines who are considered citizens of the Philippines at birth (i.e., by blood/descent) and those who can be naturalized.
    • Establishes the broad legal framework for citizenship and the State’s power to grant citizenship to qualified aliens.

  2. Commonwealth Act No. 473 (Revised Naturalization Law)

    • Enacted in 1939, this is the main statute governing judicial naturalization in the Philippines.
    • Specifies eligibility requirements, disqualifications, and the process of naturalization through the courts.

  3. Commonwealth Act No. 625

    • Addresses certain aspects of reacquisition and renunciation of Philippine citizenship but also becomes relevant in the broader citizenship discussion.

  4. Republic Act No. 9139 (Administrative Naturalization Law of 2000)

    • Provides an administrative (rather than judicial) procedure for certain foreign nationals born and raised in the Philippines who meet specific criteria.
    • Primarily benefits those who have lived and studied in the country and can prove deep-rooted ties.

  5. Other Special Laws or Acts of Congress

    • In rare instances, citizenship can be granted through an act of Congress for individuals who have made exceptional contributions to the country or are of particular public interest.

Modes of Acquiring Philippine Citizenship

1. Judicial Naturalization (Under Commonwealth Act No. 473)

This is the traditional route for foreign nationals who wish to become Filipino citizens. The process is conducted in the courts and entails strict requirements and procedural steps.

A. Eligibility Requirements

Under Section 2 of Commonwealth Act No. 473, an applicant must meet the following criteria:

  1. Legal Age: At least 21 years old at the time of filing the petition for naturalization.
  2. Residence: Continuous residence in the Philippines for a period of at least 10 years.
    • This period may be reduced to five years for those who:
      • Were born in the Philippines; or
      • Married to a Filipino citizen; or
      • Have held certain government positions or have introduced significant value (artistic, scientific, economic) to the country.
  3. Good Moral Character: Must be known to be of good moral character in the community; should not have been convicted of any crime involving moral turpitude.
  4. Support for the Philippine Constitution: Must believe in the principles underlying the Philippine Constitution.
  5. Lucrative Occupation: Must have a lawful and lucrative means of support (ensuring that the applicant will not become a public charge).
  6. Language Proficiency: Must be able to speak and write in Filipino (or any major Philippine language) and either English or Spanish.
  7. Enrollment of Minor Children in Public or Private Schools: Minor children of school age must be enrolled in recognized schools where Philippine history, government, and civics are taught.

B. Disqualifications

An applicant may be disqualified if they:

  • Oppose or teach opposition to organized government.
  • Defend or teach the necessity/legitimacy of violence, personal assault, or assassination for success of a cause.
  • Are polygamists or believers in polygamy.
  • Have been convicted of crimes involving moral turpitude.
  • Suffer from mental alienation or incurable contagious diseases (under older legal definitions; effectively, serious health concerns that could impose public health risks).
  • Are citizens or subjects of nations with which the Philippines is at war, provided that naturalization would not be in the interest of national security.

C. Judicial Process

  1. Filing the Petition
    • The applicant files a Petition for Naturalization with the proper Regional Trial Court (RTC) in the province or city where they have resided for at least one year.
  2. Publication and Posting
    • After the petition is filed, the court orders its publication in the Official Gazette or a newspaper of general circulation and requires that copies be posted in public places. This ensures that any interested party (including the Office of the Solicitor General, the public, or other agencies) may oppose the petition if they see valid reasons.
  3. Hearing
    • The court holds a hearing to evaluate evidence, testimonies (often including character witnesses), and documents proving the applicant’s eligibility and good moral character. The Office of the Solicitor General or its representative typically appears to ensure there is no legal impediment.
  4. Decision
    • If the court is satisfied that the applicant meets all requirements, the court grants an order of naturalization.
  5. Issuance of Certificate of Naturalization
    • After two years from the date of the decision (often referred to as the probationary period), if the naturalized citizen has not committed any act warranting revocation, a Certificate of Naturalization can be issued.
  6. Taking the Oath of Allegiance
    • The final step involves taking the Oath of Allegiance to the Republic of the Philippines. Once the oath is taken and the Certificate of Naturalization is registered with the Philippine Bureau of Immigration, the applicant officially becomes a Filipino citizen.

2. Administrative Naturalization (Under R.A. 9139)

Republic Act No. 9139, also known as the Administrative Naturalization Law of 2000, provides a simpler and faster procedure for certain foreigners who were born and raised in the Philippines and who meet strict qualifications.

A. Eligibility Requirements

An applicant must:

  1. Have been born in the Philippines and residing here since birth.
  2. Not be less than 18 years old.
  3. Have completed primary and secondary education in recognized schools in the Philippines where Philippine history, government, and civics are part of the curriculum.
  4. Have good moral character and no record of any conviction for a crime involving moral turpitude.
  5. Have a known trade, business, profession, or lawful occupation that ensures a viable livelihood for themselves and their family (if any).
  6. Be able to read, write, and speak Filipino or any of the Philippines’ principal languages/dialects.
  7. Have immediate intent to reside permanently in the Philippines.
  8. Must file a petition for administrative naturalization, adhering to the procedural rules set by the law and its implementing regulations.

B. Administrative Process

  1. Filing the Petition with the Special Committee on Naturalization
    • The applicant must submit notarized petitions and supporting documents (birth certificate, school records, clearances, etc.) to the Special Committee on Naturalization under the Department of Justice.
  2. Evaluation and Investigation
    • The committee reviews the petition, verifies the authenticity of documents, and may conduct interviews or further investigations.
  3. Publication
    • If the petition passes initial review, it is published to inform the public and allow potential oppositions.
  4. Approval or Denial
    • If the committee is satisfied that all qualifications are met and no valid opposition exists, it issues an order granting citizenship.
  5. Oath of Allegiance
    • Similar to judicial naturalization, the final step involves taking an Oath of Allegiance.
  6. Registration and Issuance of Certificate
    • Once the oath is administered and duly recorded, the applicant is issued a Certificate of Naturalization under R.A. 9139 and becomes a Filipino citizen.

3. Other Special Modes

  1. Congressional or Legislative Grant

    • In rare instances, the Philippine Congress can pass a law conferring citizenship on an individual who has contributed significantly to the country’s welfare or interest.
    • This is often used in cases of exceptional contributions in sports, arts, or public service.

  2. Derivative Citizenship

    • Under some circumstances, minor children can derive citizenship from a parent who is naturalized, as long as the children themselves meet specific residency or enrollment requirements.
    • If both parents are naturalized, minor children typically benefit automatically, provided they are included in the naturalization petition.

Residency Requirements and Special Considerations

  1. Standard Requirement (10 years)

    • The standard residency requirement under the Judicial Naturalization Law is 10 years of continuous residence immediately preceding the filing of the application.

  2. Reduced Residency (5 years)

    • As mentioned, certain conditions can reduce the residency requirement to five years (e.g., marriage to a Filipino, born in the Philippines, or outstanding service).

  3. Naturalization by Marriage

    • Merely marrying a Filipino citizen does not automatically grant citizenship. However, it can reduce the residency requirement and serve as a favorable factor in proving integration into Filipino society.

  4. Dual Citizenship

    • The Philippines allows dual citizenship, particularly for natural-born Filipinos who have lost or renounced their citizenship through naturalization abroad.
    • Foreigners who become naturalized Filipinos may or may not retain their original citizenship depending on the laws of their home country.

Common Documentary Requirements

Although each process has specific documentation needs, typical requirements often include:

  1. Birth Certificate
  2. Marriage Certificate (if applicable)
  3. Proof of Residency (e.g., Alien Certificate of Registration, long-term visa information, proof of continuous stay)
  4. Police Clearance / NBI Clearance (for good moral character)
  5. Court Clearance (to show absence of criminal or civil proceedings)
  6. Tax Records or Proof of Income (for demonstrating a lucrative occupation)
  7. Educational Records (diplomas, transcripts, certificates, if relying on R.A. 9139)

Potential Grounds for Denial or Revocation

  1. Fraud or Misrepresentation
    • Any false statement or fraudulent submission of documents can result in denial of the application or revocation of citizenship even after it is granted.
  2. National Security Concerns
    • If the government deems the applicant a threat to national security or public policy, naturalization may be denied.
  3. Conviction of Certain Crimes
    • Crimes involving moral turpitude, or serious crimes committed after filing but before completion, can lead to denial.
  4. Failure to Comply with Legal Requirements
    • Not fulfilling the residency requirement, failing to register children in required schools, or breaking the continuous stay can be grounds for denial.

Practical Tips and Reminders

  1. Seek Professional Assistance
    • Given the complexity of Philippine naturalization law, it is prudent to consult with an immigration lawyer or a reputable legal aid organization.
  2. Maintain Accurate Records
    • Keep original and certified true copies of all critical documents (e.g., passports, visas, clearances, and employment records).
  3. Be Mindful of Timelines
    • The naturalization process can be lengthy. Judicial naturalization involves court hearings, publications, and possible waiting periods. Administrative naturalization is typically faster but still requires careful compliance with deadlines and documentary requirements.
  4. Uphold Good Moral Character
    • The applicant’s personal behavior, community standing, and criminal record are scrutinized. Maintaining a clean record and a positive reputation in the community is vital.
  5. Stay Informed of Changes
    • Immigration and naturalization policies can be amended by new legislation or regulations. Always confirm the latest rules with the Philippine Bureau of Immigration or the Department of Justice before filing.

Conclusion

Naturalization in the Philippines is governed by a combination of constitutional provisions, judicial statutes (primarily Commonwealth Act No. 473), and administrative laws (such as R.A. 9139), supplemented in rare cases by congressional acts. The requirements—ranging from residence, good moral character, language proficiency, and more—are intended to ensure that those who become Filipino citizens are genuinely integrated into Philippine society.

While the process can be thorough and time-consuming, it provides a clear legal pathway for foreigners who have established deep ties to the country and wish to fully participate in Philippine civic life. As always, prospective applicants should remain current with legal changes and consult legal professionals to guide them through every step of the process.

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

Privacy Policy

Terms of Use

Lawyer Login

 
 
Privacy Policy         Terms of Use         Lawyer Login