I.
Qualifications
The qualifications of an
applicant to become a citizen of the Philippines by naturalization are the
following:
1. Must be not less than twenty-one
(21) years of age on the day of the hearing of the petition;
2. Must have resided in the
Philippines for a continuous period of not less than ten (10) years. (This
is reduced to five (5) years, however, if married to a Filipina);
3. Must be of good moral
character and believes in the principles underlying the Philippine
Constitution, and must have conducted himself in a proper and irreproachable
manner during the entire period of his residence in the Philippines in his
relation with the constituted government as well as with the community in which
he is living;
4. Must own real estate in the
Philippines worth not less than five thousand pesos, Philippine currency, or
must have some known lucrative trade, profession, or lawful occupation;
5. Must be able to speak and
write English or Spanish and any one of the principal Philippine
languages;
6. Must have enrolled his
minor children of school age, in any of the public schools or private schools
recognized by the Office of Private Education of the Philippines, where the
Philippine history, government and civics are taught or prescribed as part of
the school curriculum, during the entire period of the residence in the
Philippines required of him prior to the hearing of his petition for naturalization
as Philippine citizen.
II.
Procedure
Declaration
to become a Filipino citizen
1. One year prior to the
filing of his petition for admission to Philippine citizenship, the applicant
for Philippine citizenship shall file with the Office of the Solicitor
General(OSG), a declaration under oath that it is his bona fide (or good
faith) intention to become a citizen of the Philippines.
1.a His declaration shall
include the following:
a. name
b. age
c. occupation,
d. personal description
e. place of birth
f. last foreign residence and
allegiance
g. the date of arrival
h. the name of the vessel or
aircraft, if any, in which he came to the Philippines, and
i. the place of residence in
the Philippines at the time of making the declaration
1.b No declaration shall be
valid until lawful entry for permanent residence has been established and
a certificate showing the date, place, and manner of his arrival has been
issued.
1.c The declarant must also
state that he has enrolled his minor children, if any, in any of the public
schools or private schools recognized by the Office of Private Education of the
Philippines, where Philippine history, government, and civics are taught or
prescribed as part of the school curriculum, during the entire period of the
residence in the Philippines required of him prior to the hearing of his
petition for naturalization as Philippine citizen.
1.d He must furnish two
photographs of himself.
Petition for citizenship
2. One year after making and
submitting such declaration, the applicant shall file with the competent court
(i.e., in a regional trial in the place where he presently resides for at
least a year), a petition in triplicate, with two photographs of the
applicant.
2.a The
petition must indicate the following:
a. name and surname
b. present and former places
of residence
c. occupation
d. the place and date of his
birth
e. civil status, as single or
married
f. the name, age, birthplace
and residence of the wife and of each of the children
g. the approximate date of his
arrival in the Philippines, the name of the port of debarkation, and, if he
remembers it, the name of the aircraft on which he arrived
h. a declaration that he has
the qualifications required by law, specifying the same, and that he is not
disqualified for naturalization under the provisions of the law
i. that he has complied with
the requirements under the law, and
j. that he will reside
continuously in the Philippines from the date of the filing of the petition up
to the time of his admission to Philippine citizenship
2.b The petition must be
signed by the applicant in his own handwriting and be supported by the affidavit
of at least two credible persons, stating that they are citizens of the
Philippines and personally know the applicant to be a resident of the
Philippines for the period of time required by law and a person of good repute
and morally irreproachable, and that said applicant has in their opinion all
the qualifications necessary to become a citizen of the Philippines and is not
in any way disqualified under the provisions of law.
2.c The petition shall also
set forth the names and post-office addresses of such witnesses as the
applicant may desire to introduce at the hearing of the case.
2.d The certificate of
arrival, and the declaration of intention must be made part of the petition.
Notice and Publication
3. Immediately upon the filing
of a petition, the clerk of the court will publish the petition at applicant's
expense, once a week for three consecutive weeks, (1) in the Official Gazette,
and (2) in one of the newspapers of general circulation in the province where
the petitioner resides, and (3) to have copies of said petition and a general
notice of the hearing posted in a public and conspicuous place in his office or
in the building where said office is located.
3.a The notice will contain the
name, birthplace and residence of the applicant, the date and place of his
arrival in the Philippines, the names of the witnesses whom he proposes to
introduce in support of his petition, and the date of the hearing of the
petition, which hearing shall not be held within ninety days from the date of
the last publication of the notice.
Hearing of the petition
4. The hearing shall be
public, and the Solicitor-General, either by himself or through his delegate or
the city prosecutor, shall appear on behalf of the government at all the
proceedings and at the hearing.
Issuance and Registration
of Naturalization Certificate
5. If, after the hearing, the
court believes, in view of the evidence taken, that the applicant has all the
qualifications required by, and none of the disqualifications specified in the
law and has complied with all requisites herein established, it shall render a
decision granting the petition.
5.a Once the decision becomes
final and executory, the court shall order the proper naturalization
certificate to be issued and the registration of the said naturalization
certificate in the proper civil registry.
