LETTER TO A LAWYER

Dear Attorney,

I hope this letter finds you well. I am writing to seek your professional guidance regarding my Petition for Naturalization. I have already completed the bulk of the naturalization process under the jurisdiction of the Office of the Solicitor General (OSG). After complying with the evidentiary requirements and travel records checks, I received the OSG’s Declaration of Naturalization, indicating approval of my petition.

In accordance with the procedure, I need to file the OSG’s Declaration of Naturalization with the Regional Trial Court (RTC), together with a formal request or motion for a Hearing, ultimately seeking the RTC’s Order of Naturalization. Since I have arrived at the final stage—submitting the necessary pleading to the RTC for a Hearing—I would appreciate your guidance on how best to proceed with this filing.

I look forward to any advice or clarifications you can provide. Thank you for your time and expertise.

Sincerely,

A Concerned Petitioner

COMPREHENSIVE LEGAL ARTICLE ON PETITIONING FOR NATURALIZATION IN THE PHILIPPINES

Naturalization is the legal act of granting citizenship to a foreign national who seeks to be recognized as a citizen of the Republic of the Philippines. Philippine law lays down stringent requirements, thorough evidentiary obligations, and clearly delineated procedural steps for applicants. To ensure full compliance and avoid any procedural lapses, understanding each phase of the naturalization process—particularly the role of the Office of the Solicitor General (OSG) and the Regional Trial Court (RTC)—is of paramount importance. Below is a meticulous discussion of the legal foundations, procedural requirements, and practical insights on how to properly obtain an Order of Naturalization after the OSG’s Declaration of Naturalization has been granted.

I. LEGAL FRAMEWORK FOR NATURALIZATION

Commonwealth Act No. 473 (The Revised Naturalization Law)
The primary statutory basis for judicial naturalization in the Philippines is Commonwealth Act No. 473, as amended, commonly referred to as the Revised Naturalization Law. Enacted in 1939, this law prescribes the qualifications, grounds for disqualification, and procedural requirements for persons seeking Philippine citizenship through judicial means.
Judicial Versus Administrative Naturalization
In general, Philippine law recognizes two principal avenues for obtaining citizenship:
- Judicial Naturalization (under Commonwealth Act No. 473): This process involves filing a petition for naturalization with the proper RTC. The RTC then conducts a hearing to evaluate the applicant’s qualifications before rendering a decision.
- Administrative Naturalization (pursuant to Republic Act No. 9139, The Administrative Naturalization Law of 2000): This law provides a simplified procedure for foreign nationals who have met specific, more lenient criteria, primarily pertaining to financial capacity, residency, and lack of criminal records. Administrative naturalization applications are filed with the Special Committee on Naturalization (SCN).
However, for many applicants, the standard procedure remains judicial naturalization under the Revised Naturalization Law, especially if they do not fall under the statutory coverage of R.A. 9139.
Role of the Office of the Solicitor General (OSG)
Under Philippine law, the OSG is tasked with representing the interests of the Republic in proceedings involving the status of citizenship. Once the Petition for Naturalization is filed in the RTC, notice is given to the OSG, which then conducts an investigation and verifies the applicant’s qualifications. If the OSG finds that all legal requirements are satisfied, it issues a favorable recommendation or, in modern practice, what may be referred to as a Declaration of Naturalization indicating that the evidence submitted has been duly evaluated and meets the statutory thresholds.
Jurisdiction of the Regional Trial Court (RTC)
The RTC with jurisdiction over the place where the petitioner resides is generally the forum for the filing of Petitions for Naturalization under Commonwealth Act No. 473. After the OSG concurs with the merits of the petition, the applicant proceeds to the RTC for a final hearing and the issuance of an Order or Decision confirming the grant of Philippine citizenship.

II. QUALIFICATIONS AND DISQUALIFICATIONS

Basic Qualifications
In order for a foreign national to qualify for Philippine citizenship through judicial naturalization, the following criteria must typically be met (though exact requirements may vary based on updated legislation or jurisprudential interpretations):
- Age: The applicant must be at least twenty-one (21) years of age at the time of filing the petition.
- Residence: A continuous residence in the Philippines for a certain number of years, usually not less than ten (10) years, reduced to five (5) years under specific conditions (e.g., marriage to a Filipino citizen or having certain educational qualifications).
- Good Moral Character: The applicant must demonstrate good moral character, typically through clearances from law enforcement agencies and affidavits from credible Filipino citizens attesting to the applicant’s conduct.
- Language Proficiency: Must be able to speak and write English or Filipino (and any major Philippine dialect if required).
- Civic Integration: Must have genuine intentions to embrace the customs, traditions, and ideals of the Philippines and to live here permanently.
Grounds for Disqualification
Certain circumstances can render an applicant ineligible for judicial naturalization, such as conviction of particular offenses, affiliation with groups or ideologies detrimental to the security of the state, or other serious questions on the sincerity of the applicant’s desire to become a Filipino citizen.

III. PROCEDURE FOR NATURALIZATION UNDER COMMONWEALTH ACT NO. 473

Filing of the Petition
The first official step is to file a Petition for Naturalization with the appropriate RTC, accompanied by documentary evidence establishing the applicant’s identity, residency, character, and compliance with the statutory prerequisites. Supporting documents often include:
- Birth certificates or equivalent proof of date and place of birth.
- Valid and current foreign passports or travel documents.
- Affidavits from credible witnesses affirming the applicant’s good moral character.
- Certifications from the Bureau of Immigration (BI) detailing the applicant’s lawful entry and authorized stay.
- Other official clearances (e.g., National Bureau of Investigation, local police clearance).
Notice and Publication
Under Section 9 of Commonwealth Act No. 473, the petition must be published in the Official Gazette or a newspaper of general circulation for three (3) consecutive weeks. The purpose is to provide notice to the public so that any person with objections can intervene during the hearing.
Initial RTC Hearing
Following the publication, the court sets an initial hearing date. The OSG, through the assigned Solicitor, may appear in court to present observations or objections. If there are no pending issues, the court receives evidence from the applicant and witnesses.
Role of the OSG Investigation
After the applicant has complied with preliminary requirements, the OSG conducts a thorough background check, verifying the documents submitted, the applicant’s moral character, and the sincerity of the applicant’s intention to become a Filipino. This step is crucial because the OSG’s affirmative recommendation heavily influences the court’s decision.
Issuance of OSG Declaration of Naturalization
In modern practice, once the OSG completes its evaluation, it may issue a Declaration of Naturalization, stating the OSG’s opinion that the applicant is qualified for naturalization. At this point, the applicant essentially clears the most rigorous phase of the proceeding.
Final Hearing and Submission to RTC
Armed with the OSG’s favorable declaration, the petitioner must then file a motion or pleading in the same RTC (or in accordance with the RTC’s instructions) requesting the final hearing. This is where the applicant formally asks the court to issue an Order of Naturalization. The hearing allows the judge to confirm that proper procedures were observed—such as publication, notice to relevant agencies, and documentary compliance.
Order or Decision of the RTC
Should the court be satisfied with the evidence and the OSG’s concurrence, the judge issues an Order of Naturalization. This Order typically includes:
- A declaration that the petitioner has met all statutory qualifications.
- A directive for the petitioner to take the Oath of Allegiance before a duly authorized official.
- Any other conditions or requirements mandated by law (e.g., renunciation of foreign citizenship if the law requires it, except in cases of dual citizenship authorized by the Philippines).
Oath of Allegiance and Certificate of Naturalization
The final step is the Oath of Allegiance. After taking this oath, the applicant is officially recognized as a Filipino citizen. Subsequently, the RTC or the Bureau of Immigration may issue a Certificate of Naturalization. This certificate is crucial, as it serves as documentary proof of the new citizenship status.

IV. SUBMITTING THE OSG DECLARATION TO THE RTC AND REQUESTING A HEARING

Pleading Preparation
Once the OSG has issued its Declaration of Naturalization, the petitioner needs to file a Motion or a Manifestation (sometimes referred to as a “Motion for Final Hearing”) attaching the OSG’s Declaration as an exhibit. This pleading should succinctly state:
- That the petitioner has complied with all publication and notice requirements.
- That the OSG has approved the petition and found the applicant qualified.
- A request that the RTC set a date for final hearing and subsequently issue an Order of Naturalization.
Service of Copies
Standard procedure dictates that the applicant serve copies of the Motion on:
- The OSG, even though it has already given a favorable declaration, in order to keep it informed of subsequent proceedings.
- The public prosecutor in certain cases, if still required by the RTC.
- Any other interested parties as ordered by the court.
RTC Hearing
Upon receipt of the Motion, the RTC will calendar a hearing date. During this hearing, the court typically confirms the following:
- Sufficient publication of the Petition for Naturalization in accordance with the rules.
- The authenticity and completeness of the OSG’s favorable declaration.
- Any remaining evidence required to finalize the naturalization (e.g., updated clearances, if the court so demands).
If satisfied, the court will issue its final Order of Naturalization.
Potential Challenges or Delays
Should any unforeseen issues surface—such as questions on the applicant’s moral character or residency— the RTC may require supplemental evidence or clarifications. If objections arise from the government or private citizens with relevant information, the court might defer final resolution pending further hearing.

V. COMMON PITFALLS AND PRACTICAL TIPS

Accuracy of Documentary Submissions
Naturalization petitions often fail due to discrepancies in travel records, birth certificates, or personal details. Ensuring that all documents are consistent and up-to-date is vital. For instance, mismatches in names or dates can prompt the court or the OSG to require additional verification.
Compliance with Publication Requirements
Strict compliance with publication requirements is mandatory. Failure to present original proofs of publication from the Official Gazette or newspaper can derail or delay the grant of naturalization.
Coordination with the OSG
Because the OSG’s approval weighs heavily in the outcome, ensuring timely and correct submissions to the OSG can streamline the process. Petitions that are incomplete, contradictory, or unsubstantiated risk an unfavorable recommendation.
Continuous Residency and Immigration Compliance
During the pendency of the petition, the applicant must maintain lawful stay in the Philippines and avoid activities that might contravene immigration laws, such as overstaying or departing the country without proper documentation.
Good Moral Character
While subjective, good moral character generally refers to the absence of any serious criminal records, involvement in immoral or dishonest activities, or conduct that goes against public policy. Obtaining credible testimony from established Filipino citizens (e.g., community leaders, employers, reputable neighbors) can strengthen one’s case.
Legal Representation
Though not strictly mandated, legal counsel is often indispensable. A lawyer knowledgeable in the intricacies of naturalization law can ensure all deadlines are met, documents are properly authenticated, and hearing protocols are observed.

VI. FREQUENTLY ASKED QUESTIONS (FAQ)

What happens if the RTC denies my petition?
If the RTC finds insufficient grounds to grant citizenship, the petitioner can file a motion for reconsideration. Failing that, an appeal to the Court of Appeals or even the Supreme Court may be undertaken, although the process can be lengthy.
Does the Order of Naturalization take immediate effect?
Generally, the Order of Naturalization must become final and executory. Once final, the applicant may proceed to take the Oath of Allegiance. Only after the oath does Philippine citizenship officially vest.
If I am married to a Filipino citizen, do I still need a full judicial proceeding?
Being married to a Filipino can shorten the required residency period (to five years or fewer, depending on circumstances), but it does not completely eliminate the requirement for a formal procedure, unless you qualify under a separate statute such as R.A. 9225 (for reacquisition or retention of Philippine citizenship for former Filipino citizens) or R.A. 9139 (for administrative naturalization, if applicable).
Can I keep my original citizenship?
Dual citizenship is recognized in certain contexts under Philippine law, especially for natural-born Filipinos who acquired foreign citizenship, and are then reacquiring or retaining their Philippine citizenship. For foreign nationals seeking naturalization in the Philippines, the law may require renunciation of one’s original nationality unless there is a treaty or law allowing dual citizenship. It is prudent to check both the laws of your country of origin and Philippine statutes for compatibility.
Is the presence of the OSG at the final hearing always required?
The OSG generally has the right to attend or be represented in all judicial naturalization proceedings. However, if the OSG has clearly manifested in writing that it does not oppose the petition, the RTC will typically note the OSG’s recommendation and proceed with the final hearing as scheduled.

VII. IMPLEMENTING THE DECLARATION OF NATURALIZATION: FILING A MOTION FOR FINAL HEARING

Since the OSG has already granted the Declaration of Naturalization, the remaining procedural step is to obtain a judicial decree confirming citizenship. The following points summarize the technicalities for the final submission to the RTC:

Caption and Title of Pleading
Your pleading will typically be captioned under the same case number and title originally used in your Petition for Naturalization (e.g., “In Re: Petition for Naturalization of ___”). The new submission may be titled “Motion for Final Hearing and Issuance of Order of Naturalization.”
Statement of Previous Compliance
State that all prior requirements—including publication, notice, and submission of documentary evidence—have been satisfied. Mention the date you received the OSG’s Declaration of Naturalization, including a brief summary of the OSG’s findings.
Prayer or Relief Sought
Conclude the pleading by praying that the court set a final hearing date at its earliest convenience. You may also request an immediate Order of Naturalization upon satisfactory presentation of all relevant evidence.
Enclosures and Attachments
Attach the following:
- A copy of the OSG’s Declaration of Naturalization.
- Proof of prior publication (e.g., affidavits of publication or official receipts from the newspaper, plus a copy of the publication text).
- Any additional evidence or clearances required by the court, if not previously submitted or if updated versions are requested.
Proof of Service
As always, submit proof that copies of the Motion have been served on the OSG and any other mandated agencies or parties (e.g., the public prosecutor), ensuring compliance with procedural rules.

VIII. CONCLUSION

Acquiring Philippine citizenship through judicial naturalization entails a multi-phase process, requiring careful preparation of documents, diligent compliance with publication requirements, and close coordination with the OSG. Once the OSG’s Declaration of Naturalization has been obtained, the petitioner is generally in the final stretch of the journey. The next step is to file the appropriate pleading—usually a Motion or Manifestation for Final Hearing—to secure an Order of Naturalization from the Regional Trial Court. Upon issuance of the Order and taking the Oath of Allegiance, the petitioner officially transitions to Filipino citizenship.

Understanding the legal underpinnings and procedural demands of naturalization is crucial to avoid costly delays or denials. By meticulously adhering to statutory provisions, ensuring accuracy in documentation, and maintaining transparent communication with both the OSG and the RTC, a petitioner significantly enhances the likelihood of a successful naturalization process. If any uncertainties arise along the way, seeking professional legal assistance is highly advisable to navigate the complexities and secure a smooth path toward obtaining Filipino citizenship.