THIRD DIVISION
G.R. No. 170603 January 29, 2007
EDISON SO, Petitioner,
vs. REPUBLIC OF THE PHILIPPINES, Respondent.
CALLEJO, SR., J.:
Assailed in this Petition for Review on Certiorari is the Decision1 of the Court of Appeals (CA) in
CA-G.R. CV No. 80437 which reversed the Decision2 of the Regional Trial Court (RTC) of Manila,
Branch 8, in Naturalization Case No. 02-102984. Likewise assailed is the appellate court’s Resolution
denying the Motion for Reconsideration of its Decision.
Antecedents
On February 28, 2002, petitioner Edison So filed before the RTC a Petition for Naturalization3 under
Commonwealth Act (C.A.) No. 473, otherwise known as the Revised Naturalization Law, as amended.
He alleged the following in his petition:
He was born on February 17, 1982, in Manila; he is a Chinese citizen who has lived in No. 528
Lavezares St., Binondo, Manila, since birth; as an employee, he derives an average annual income of
around P100,000.00 with free board and lodging and other benefits; he is single, able to speak and
write English, Chinese and Tagalog; he is exempt from the filing of Declaration of Intention to become
a citizen of the Philippines pursuant to Section 6 of Commonwealth Act (C.A.) No. 473, as amended,
because he was born in the Philippines, and studied in a school recognized by the Government where
Philippine history, government and culture are taught; he is a person of good moral character; he
believes in the principles underlying the Philippine constitution; he has 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; he has mingled
socially with the Filipinos and has evinced a sincere desire to learn and embrace the customs, traditions
and ideals of the Filipino people; he has all the qualifications provided under Section 2 and none of
the disqualifications under Section 4 of C.A. No. 473, as amended; he is not opposed to organized
government or affiliated with any association or group of persons who uphold and teach doctrines
opposing all organized governments; he is not defending or teaching the necessity or propriety of
violence, personal assault or assassination for the success or predominance of men’s ideas; he is not a
polygamist or a believer in the practice of polygamy; he has not been convicted of any crime involving
moral turpitude; he is not suffering from any incurable contagious diseases or from mental alienation;
the nation of which he is a citizen is not at war with the Philippines; it is his intention in good faith to
become a citizen of the Philippines and to renounce absolutely and forever all allegiance and fidelity
to any foreign prince, potentate, state or sovereignty, and particularly to China; and he will reside
continuously in the Philippines from the time of the filing of the petition up to the time of his admission
as citizen of the Philippines. The petition was docketed as Naturalization Case No. 02-102984.
Attached to the petition were the Joint Affidavit4 of Atty. Artemio Adasa, Jr. and Mark B. Salcedo;
and petitioner’s Certificate of Live Birth,5 Alien Certificate of Registration,6 and Immigrant
Certificate of Residence.7
On March 22, 2002, the RTC issued an Order8 setting the petition for hearing at 8:30 a.m. of December
12 and 17, 2002 during which all persons concerned were enjoined to show cause, if any, why the
petition should not be granted. The entire petition and its annexes, including the order, were ordered
published once a week for three consecutive weeks in the Official Gazette and also in a newspaper of
general circulation in the City of Manila. The RTC likewise ordered that copies of the petition and
notice be posted in public and conspicuous places in the Manila City Hall Building.9
Petitioner thus caused the publication of the above order, as well as the entire petition and its annexes,
in the Official Gazette on May 20, 200210 and May 27, 2002,11 and in Today, a newspaper of general
circulation in the City of Manila, on May 25, 2002 and June 1, 2002.
No one opposed the petition. During the hearing, petitioner presented Atty. Adasa, Jr. who testified
that he came to know petitioner in 1991 as the legal consultant and adviser of the So family’s business.
He would usually attend parties and other social functions hosted by petitioner’s family. He knew
petitioner to be obedient, hardworking, and possessed of good moral character, including all the
qualifications mandated by law. Atty. Adasa, Jr. further testified that petitioner was gainfully employed
and presently resides at No. 528 Lavezares Street, Binondo, Manila; petitioner had been practicing
Philippine tradition and those embodied in the Constitution; petitioner had been socially active,
mingled with some of his neighbors and had conducted himself in a proper and irreproachable manner
during his entire stay in the Philippines; and petitioner and his family observed Christmas and New
Year and some occasions such as fiestas. According to the witness, petitioner was not disqualified
under C.A. No. 473 to become a Filipino citizen: he is not opposed to organized government or believes
in the use of force; he is not a polygamist and has not been convicted of a crime involving moral
turpitude; neither is he suffering from any mental alienation or any incurable disease.12
Another witness for petitioner, Mark Salcedo, testified that he has known petitioner for ten (10) years;
they first met at a birthday party in 1991. He and petitioner were classmates at the University of Santo
Tomas (UST) where they took up Pharmacy. Petitioner was a member of some school organizations
and mingled well with friends.13 Salcedo further testified that he saw petitioner twice a week, and
during fiestas and special occasions when he would go to petitioner’s house. He has known petitioner
to have resided in Manila since birth. Petitioner is intelligent, a person of good moral character, and
believes in the principles of the Philippine Constitution. Petitioner has a gainful occupation, has
conducted himself in a proper and irreproachable manner and has all the qualifications to become a
Filipino citizen.
Petitioner also testified and attempted to prove that he has all the qualifications and none of the
disqualifications to become a citizen of the Philippines.
At the conclusion of his testimonial evidence, petitioner offered in evidence the following documents:
(1) Certificate of Live Birth;14 (2) Alien Certificate of Registration;15 (3) Immigrant Certificate of
Residence;16 (4) Elementary Pupil’s17 and High School Student’s18 Permanent Record issued by
Chang Kai Shek College; (5) Transcript of Record issued by the University of Santo Tomas;19 (6)
Certification of Part-Time Employment dated November 20, 2002;20 (7) Income Tax Returns and
Certificate of Withholding Tax for the year 2001;21 (8) Certification from Metrobank that petitioner
is a depositor;22 (9) Clearances that he has not been charged or convicted of any crime involving moral
turpitude;23 and (10) Medical Certificates and Psychiatric Evaluation issued by the Philippine General
Hospital.24 The RTC admitted all these in evidence.
The RTC granted the petition on June 4, 2003.25 The fallo of the decision reads:
WHEREFORE, judgment is hereby rendered GRANTING the petition and declaring that petitioner
EDISON SO has all the qualifications and none of the disqualifications to become a Filipino citizen
and he is hereby admitted as citizen of the Philippines, after taking the necessary oath of allegiance, as
soon as this decision becomes final, subject to payment of cost of P30,000.00.
SO ORDERED.26
The trial court ruled that the witnesses for petitioner had known him for the period required by law,
and they had affirmed that petitioner had all the qualifications and none of the disqualifications to
become a Filipino citizen. Thus, the court concluded that petitioner had satisfactorily supported his
petition with evidence.
Respondent Republic of the Philippines, through the Office of the Solicitor General (OSG), appealed
the decision to the CA on the following grounds:
I. THE LOWER COURT ERRED IN GRANTING THE PETITION FOR NATURALIZATION
DESPITE THE FACT THAT THE TWO (2) CHARACTER WITNESSES, NAMELY: ARTEMIO
ADASA, JR. AND MARK SALCEDO WERE NOT QUALIFIED CHARACTER WITNESSES.
II. PETITIONER IS NOT QUALIFIED TO BE ADMITTED AS CITIZEN OF THE PHILIPPINES.27
Respondent contended that based on the evidence on record, appellee failed to prove that he possesses
all the qualifications under Section 2 and none of the disqualifications under Section 4 of C.A. No.
473. It insisted that his two (2) character witnesses did not know him well enough to vouch for his
fitness to become a Filipino citizen; they merely made general statements without giving specific
details about his character and moral conduct.28 The witnesses did not even reside in the same place
as petitioner.29 Respondent likewise argued that petitioner himself failed to prove that he is qualified
to become a Filipino citizen because he did not give any explanation or specific answers to the
questions propounded by his lawyer. He merely answered "yes" or "no" or gave general statements in
answer to his counsel’s questions. Thus, petitioner was unable to prove that he had all the qualifications
and none of the disqualifications required by law to be a naturalized Filipino citizen.30
On the other hand, petitioner averred that he graduated cum laude from the UST with the degree of
Bachelor of Science in Pharmacy. He is now on his second year as a medical student at the UST
Medicine and Surgery. He avers that the requirements for naturalization under C.A. No. 473, as
amended by LOI 270, in relation to Presidential Decree Nos. 836 and 1379, had been relaxed after the
Philippine government entered into diplomatic relations with the People’s Republic of China; the
requirements were further relaxed when Republic Act (R.A.) No. 9139 was signed into law.31
Petitioner pointed out that the petition, with all its annexes, was published in the official gazette and a
newspaper of general circulation; notices were likewise sent to the National Bureau of Investigation,
Department of Justice, Department of Foreign Affairs, and the OSG. But none from these offices came
forward to oppose the petition before the lower court.32 Petitioner insisted that he has all the
qualifications and none of the disqualifications to become Filipino. This was clearly established by his
witnesses.
In its Reply Brief, respondent alleged that R.A. No. 9139 applies to administrative naturalization filed
with the Special Committee on Naturalization. It insisted that even in the absence of any opposition, a
petition for naturalization may be dismissed.
In its Decision33 dated August 4, 2005, the CA set aside the ruling of the RTC and dismissed the
petition for naturalization without prejudice.34 According to the CA, petitioner’s two (2) witnesses
were not credible because they failed to mention specific details of petitioner’s life or character to
show how well they knew him; they merely "parroted" the provisions of the Naturalization Act without
clearly explaining their applicability to petitioner’s case.35 The appellate court likewise ruled that
petitioner failed to comply with the requirement of the law that the applicant must not be less than 21
years of age on the day of the hearing of the petition; during the first hearing on December 12, 2002,
petitioner was only twenty (20) years, nine (9) months, and twenty five (25) days old, falling short of
the requirement.36 The CA stated, however, that it was not its intention to forever close the door to
any future application for naturalization which petitioner would file, and that it believes that he would
make a good Filipino citizen in due time, a decided asset to this country.37
Petitioner’s motion for reconsideration38 was denied in a Resolution39 dated November 24, 2005;
hence, the present petition grounded on the sole issue:
WHETHER OR NOT THE HONORABLE COURT OF APPEALS COMMITTED REVERSIBLE
ERROR WHEN IT REVERSED THE DECISION OF THE REGIONAL TRIAL COURT OF
MANILA.40
In support of his petition, petitioner reiterates the arguments he set forth in the Brief filed before the
CA.
In its Comment41 on the petition, respondent countered that R.A. No. 9139 (which took effect on
August 8, 2001 and where the applicant’s age requirement was lowered to eighteen (18) years old),
refers only to administrative naturalization filed with the Special Committee on Naturalization; it does
not apply to judicial naturalization before the court, as in the present case.42 Respondent, through the
OSG, avers that its failure to oppose the petition before the court a quo does not preclude it from
appealing the decision of the RTC to the CA; it is even authorized to question an already final decision
by filing a petition for cancellation of citizenship.43 Lastly, respondent reiterates its argument that
petitioner’s character witnesses are not qualified to prove the former’s qualifications.
In determining whether or not an applicant for naturalization is entitled to become a Filipino citizen, it
is necessary to resolve the following issues: (1) whether or not R.A. No. 9139 applies to petitions for
naturalization by judicial act; and (2) whether or not the witnesses presented by petitioner are
"credible" in accordance with the jurisprudence and the definition and guidelines set forth in C.A. No.
473.
The petition is denied for lack of merit.
Naturalization signifies the act of formally adopting a foreigner into the political body of a nation by
clothing him or her with the privileges of a citizen.44 Under current and existing laws, there are three
ways by which an alien may become a citizen by naturalization: (a) administrative naturalization
pursuant to R.A. No. 9139; (b) judicial naturalization pursuant to C.A. No. 473, as amended; and (c)
legislative naturalization in the form of a law enacted by Congress bestowing Philippine citizenship to
an alien.45
Petitioner’s contention that the qualifications an applicant for naturalization should possess are those a Well I have observed that ah (sic) together with his family they used to ah observed (sic) the usual
provided for in R.A. No. 9139 and not those set forth in C.A. No. 473 is barren of merit. The Filipino celebration during Christmas and new year and some occasions such as fiestas.
qualifications and disqualifications of an applicant for naturalization by judicial act are set forth in q And do you know whether petitioner is not disqualified under Commonwealth Act to become
Sections 246 and 447 of C.A. No. 473. On the other hand, Sections 348 and 449 of R.A. No. 9139 Filipino citizen of the Philippines (sic)?
provide for the qualifications and disqualifications of an applicant for naturalization by administrative a Ah there has been no incident or occasion which I learned that would disqualify of coming (sic) the
act. citizen of the Republic of the Philippines. I have noticed that ah (sic) he is qualified under
Commonwealth Act 473 as amended because he is not opposed to ah (sic) organized government. His
Indeed, R.A. No. 9139 was enacted as a remedial measure intended to make the process of acquiring family and himself does not believed (sic) in the use of force in the success of his ideas and ah (sic) he
Philippine citizenship less tedious, less technical and more encouraging.50 It likewise addresses the is not a poligamist (sic) or believer in the practice of illegal and he has not been convicted in any crime
concerns of degree holders who, by reason of lack of citizenship requirement, cannot practice their involving him in any crime (sic). and he is not suffering from any mental alienation or any incurable
profession, thus promoting "brain gain" for the Philippines.51 These however, do not justify contidious (sic) disease. as provided for.
petitioner’s contention that the qualifications set forth in said law apply even to applications for q Will you please tell us why you know all these stage?
naturalization by judicial act. a Because of ah (sic) the personal attachment with his family we have continuously having ah (sic) the
usual contact with his family.54
First. C.A. No. 473 and R.A. No. 9139 are separate and distinct laws – the former covers all aliens
regardless of class while the latter covers native-born aliens who lived here in the Philippines all their It can thus be inferred that Atty. Adasa is close to petitioner’s family, but not specifically to petitioner.
lives, who never saw any other country and all along thought that they were Filipinos; who have Atty. Adasa’s statements refer to his observations on the family’s practices and not to petitioner in
demonstrated love and loyalty to the Philippines and affinity to the customs and traditions.52 To particular. Nothing in his testimony suggests that he was close to petitioner and knew him well enough
reiterate, the intention of the legislature in enacting R.A. No. 9139 was to make the process of acquiring to vouch for his qualifications.
Philippine citizenship less tedious, less technical and more encouraging which is administrative rather
than judicial in nature. Thus, although the legislature believes that there is a need to liberalize the Salcedo, on the other hand, testified thus:
naturalization law of the Philippines, there is nothing from which it can be inferred that C.A. No. 473 q Now do you know the petitioner in this case Edison So?
was intended to be amended or repealed by R.A. No. 9139. What the legislature had in mind was a Yes, Sir.
merely to prescribe another mode of acquiring Philippine citizenship which may be availed of by native q Are you personally acquainted with him?
born aliens. The only implication is that, a native born alien has the choice to apply for judicial or a Yes, Sir.
administrative naturalization, subject to the prescribed qualifications and disqualifications. q How long have you known the petitioner?
a I have known him for about ten (10) years, Sir.
In the instant case, petitioner applied for naturalization by judicial act, though at the time of the filing q Will you please inform the Honorable court under what circumstances did you come to know the
of his petition, administrative naturalization under R.A. No. 9139 was already available. Consequently, petitioner?
his application should be governed by C.A. No. 473. a I met him in a birthday party in 1991, Sir.
q And from 1991 up to the present is your relationship with the petitioner more or less contin[u]ous?
Second. If the qualifications prescribed in R.A. No. 9139 would be made applicable even to judicial a Yes, Sir.
naturalization, the coverage of the law would be broadened since it would then apply even to aliens q How often did you see the petitioner?
who are not native born. It must be stressed that R.A. No. 9139 applies only to aliens who were born a I see him twice a week, Sir.
in the Philippines and have been residing here. q And during this time that you met the petitioner, what did you usually do?
a We play some games, Sir. We play Patentero (sic).
Third. Applying the provisions of R.A. No. 9139 to judicial naturalization is contrary to the intention q Do you go to church together?
of the legislature to liberalize the naturalization procedure in the country. One of the qualifications set a Yes, Sir.
forth in R.A. No. 9139 is that the applicant was born in the Philippines and should have been residing q During fiestas in your place, did the petitioner go?
herein since birth. Thus, one who was born here but left the country, though resided for more than ten a Yes, Sir.
(10) years from the filing of the application is also disqualified. On the other hand, if we maintain the q How about during fiestas in the place where the petitioner reside[s], did you also go during fiestas?
distinct qualifications under each of the two laws, an alien who is not qualified under R.A. No. 9139 a Yes, Sir.
may still be naturalized under C.A. No. 473. q During occasion in the house of the petitioner, are you invited?
a Yes, Sir.
Thus, absent a specific provision expressly amending C.A. No. 473, the law stands and the q How many time[s] did you go to his (sic) residence of the petitioner?
qualifications and disqualifications set forth therein are maintained. a Twice a week, sir.
q Will you please tell us where the petitioner resides?
In any event, petitioner failed to prove that the witnesses he presented were competent to vouch for his a The petitioner resides at 528 Lavezares Street, Tondo, Manila, Sir.
good moral character, and are themselves possessed of good moral character. It must be stressed that q For how long does the petitioner reside in that address?
character witnesses in naturalization proceedings stand as insurers of the applicant’s conduct and a Since birth, Sir.
character. Thus, they ought to testify on specific facts and events justifying the inference that the q During all the times that you have known the petitioner, will you please tell us your impression of
applicant possesses all the qualifications and none of the disqualifications provided by law.53 his conduct?
a He is a person of good moral, sir, and he believed in the principles of the Philippines (sic)
Petitioner’s witnesses, Atty. Adasa and Salcedo, did not testify on his specific acts; they did not Constitution.
elaborate on his traits. Their testimonies do not convince the Court that they personally know petitioner q Will you please cite one or two of these principles underlined the principles (sic) of the Philippines
well and are therefore in a position to vouch for his qualifications. As correctly found by the CA, the (sic) Constitution?
witnesses’ testimonies consisted mainly of general statements in answer to the leading questions a Ah the Philippines is a Republican of the (sic) state, sovereignty preside (sic) over the people and
propounded by his counsel. What they conveniently did was to enumerate the qualifications as set forth the government authority emanate from within; and the other one is the civilian government is not
in the law without giving specific details. The pertinent portion of Atty. Adasa’s testimony follows: supreme over the military.
q Now in your opinion does the petitioner have all the qualifications necessary to become a citizen of
q Do you know the petitioner Edison So? the Philippines?
a Yes, Sir. a Yes, Sir.
q Will you please tell us how did you come to know him? q What are these qualifications?
a Well I came to know him[,] the petitioner[,] when I was the legal consultant and adviser of their a He is at least 21 years old, he is a person of good moral and has been residing in the Philippines since
family business and I used to ah (sic) me[e]t him during my visit to their place way back in 1991 to birth.
1992. q What else?
q From that day of 1991 up to the present, is your relationship with the petitioner more or less a He must be a Filipino and ah must practice the traditions and customs, Sir.
contin[u]ous? q Do you know whether the petitioner conducted himself in a proper and appraochable (sic) manner
a Yes, sir, because aside from the usual professional visit that I did to their family some social function during the period of his residence in the Philippines?
was sponsored normally and I am (sic) invited and I used to attend. a Yes, Sir.
q During the birthday party of the petitioner, did you usually attend petitioner’s birthday? q Do you know if the petitioner has a gainful occupation?
a On several occasions I attend the birthday. a Yes, Sir.
q Will you please tell us where the petitioner resides at present? q What is the occupation of the petitioner?
a At present the petitioner resides at No. 528 Lavezares Street, Binondo, Manila. a Ah (sic) he is the secretary in a wood factory in Commonwealth, Sir.
q Do you know for how long the petitioner resides in the Philippines? q And aside from being the secretary, what else did the petitioner do?
a As far as I personally known (sic) Your Honor is that since birth. a He help (sic) in the factory cargo, Sir.
q During all the times that you have know[n] the petitioner, what is your impression of his conduct? q Is the petitioner still a student?
a Well ah (sic) I have personally known him to be obedient and hard working individual and ah (sic) a Yes, Sir.
he has a good moral character and he has been ah (sic) no adverse report concerning the character of q Where is he studying?
the petitioner. a In UST, Sir.
q In your opinion does the petitioner has the qualifications necessary to become [a] citizen of the q Is he your classmate?
Philippines? a Yes, Sir.
a Yes. q What was his course?
q Can you tell us why do you say so? a Pharmacy, Sir.
a I would say Your Honor that petitioner has posses (sic) all the qualifications mandated by law and q So when you said he was the secretary he only works as part time secretary?
presently he is more than 21 years old and he has resided in the Philippines particularly in the City of a Yes, Sir.
Manila contin[u]ously for more than ten (10) years and that since his birth; and that he has good moral q You said the petitioner meddle (sic) socially with the Filipinos?
character and I have observed that ah (sic) he has been practicing Philippine traditions and ah (sic) a Yes, Sir.
those embodied in the Philippine constitution and he has been socially active and meddle (sic) some q Will you please name at least one of those Filipinos the petitioner meddle (sic) with?
of his neighbors and ah (sic) I am sure he has desire to embrace and learn the customs and ideas and a Samuel Falmera, Sir, Marlon Kahocom, Sir.
traditions in the Philippine[s] and as I earlier mentioned that he conducted himself in proper and q Who else?
approachable (sic) manner during his entire residence in our country and he has a gainful occupation. a Elmer Ramos, Sir.
q Will you please tell us what are these customs which the petitioner embraced? q Who else?
a Sharmaine Santos, Sir.
q You said the petitioner is of good moral character?
a Yes, Sir.
q Why do you know that?
a As a classmate I can see him I go with him and ah (sic) I can see that he has ah better approached
(sic) with other people and I can see that he mixed very well with friends.
q So during school days you see him everyday?
a Yes, Sir.
q When there are no classes during the vacation you see the petitioner twice a week?
a Yes, Sir.
q Does the petitioner (sic), do you think the petitioner is not disqualified to become the citizen of the
Republic of the Philippines?
a Yes, Sir, he is not disqualified, Sir.
q Why do you say that he is not disqualified?
a Because he abide [by] any law in the government, sir, ah (sic) he is not polygamus and he is not
convicted of any crime, Sir.
q Do you know ever the petitioner oppose to any organized government?
a No, Sir.
q Do you know whether he believe[s] in the use of force in any such ideas?
a No, Sir.
q Do you know if the petitioner is a believer in the practice of polygamy?
a No, Sir.
q Do you know whether the petitioner suffer[s] from mental alienation or incurable disease illnesses?
a No, Sir.
q Why do you know?
a I know him personally, sir, I have been with him as my classmate, sir and ah (sic) he is a very
intelligent person, Sir.
q Is the petitioner a member also of any organization or association in your school?
a Yes, Sir.
q What organization?
a He is a member of Wishten and a member of starget, Sir.
q What does starget means?
a Starget is an organization of Chinese community in UST, Sir.
q How about the other one which you mentioned?
a Ah (sic) these are twisting, sir he represents the ah the (sic) school intercollegiate, Sir.55
Again, Salcedo did not give specific details on petitioner’s qualifications.
In sum, petitioner’s witnesses clearly did not personally know him well enough; their testimonies do
not satisfactorily establish that petitioner has all the qualifications and none of the disqualifications
prescribed by law.
In naturalization proceedings, it is the burden of the applicant to prove not only his own good moral
character but also the good moral character of his/her witnesses, who must be credible persons.56
Within the purview of the naturalization law, a "credible person" is not only an individual who has not
been previously convicted of a crime; who is not a police character and has no police record; who has
not perjured in the past; or whose affidavit or testimony is not incredible. What must be credible is not
the declaration made but the person making it. This implies that such person must have a good standing
in the community; that he is known to be honest and upright; that he is reputed to be trustworthy and
reliable; and that his word may be taken on its face value, as a good warranty of the applicant’s
worthiness.57
The records likewise do not show that the character witnesses of petitioner are persons of good standing
in the community; that they are honest and upright, or reputed to be trustworthy and reliable. The most
that was established was the educational attainment of the witnesses; however, this cannot be equated
with their credibility. In fine, petitioner focused on presenting evidence tending to build his own good
moral character and neglected to establish the credibility and good moral character of his witnesses.58
We do not agree with petitioner’s argument that respondent is precluded from questioning the RTC
decision because of its failure to oppose the petition. A naturalization proceeding is not a judicial
adversary proceeding, and the decision rendered therein does not constitute res judicata. A certificate
of naturalization may be cancelled if it is subsequently discovered that the applicant obtained it by
misleading the court upon any material fact. Law and jurisprudence even authorize the cancellation of
a certificate of naturalization upon grounds or conditions arising subsequent to the granting of the
certificate.59 If the government can challenge a final grant of citizenship, with more reason can it
appeal the decision of the RTC within the reglementary period despite its failure to oppose the petition
before the lower court.
Thus, petitioner failed to show full and complete compliance with the requirements of naturalization
law. For this reason, we affirm the decision of the CA denying the petition for naturalization without
prejudice.
It must be stressed that admission to citizenship is one of the highest privileges that the Republic of
the Philippines can confer upon an alien. It is a privilege that should not be conferred except upon
persons fully qualified for it, and upon strict compliance with the law.60
IN LIGHT OF ALL THE FOREGOING, the petition is DENIED for lack of merit. SO ORDERED.
Congress of the Philippines
Eleventh Congress
REPUBLIC ACT NO. 9139 June 08, 2001
AN ACT PROVIDING FOR THE ACQUISITION OF PHILIPPINE CITIZENSHIP FOR CERTAIN
ALIENS BY ADMINISTRATIVE NATURALIZATION AND FOR OTHER PURPOSES
Be it enacted by the Senate and the House of Representatives of the Philippines in Congress assembled:
Section 1. Short Title. - This Act shall be known as "The Administrative Naturalization Law of 2000."
Section 2. Declaration of Policy. - The State shall control and regulate the admission and integration
of aliens into its territory and body politic including the grant of citizenship to aliens. Towards this
end, aliens born and residing in the Philippines may be granted Philippine citizenship by administrative
proceedings subject to certain requirements dictated by national security and interest.
Section 3. Qualifications. - Subject to the provisions of the succeeding section, any person desiring to
avail of the benefits of this Act must meet the following qualifications:
(a) The applicant must be born in the Philippines and residing therein since birth;
(b) The applicant must not be less than eighteen (18) years of age, at the time of filing of his/her
petition;
(c) The applicant must be of good moral character and believes in the underlying principles of the
Constitution, and must have conducted himself/herself in a proper and irreproachable manner during
his/her entire period of residence in the Philippines in his relation with the duly constituted government
as well as with the community in which he/she is living;
(d) The applicant must have received his/her primary and secondary education in any public school or
private educational institution dully recognized by the Department of Education, Culture and Sports,
where Philippine history, government and civics are taught and prescribed as part of the school
curriculum and where enrollment is not limited to any race or nationality: Provided, That should he/she
have minor children of school age, he/she must have enrolled them in similar schools;
(e) The applicant must have a known trade, business, profession or lawful occupation, from which
he/she derives income sufficient for his/her support and if he/she is married and/or has dependents,
also that of his/her family: Provided, however, That this shall not apply to applicants who are college
degree holders but are unable to practice their profession because they are disqualified to do so by
reason of their citizenship;
(f) The applicant must be able to read, write and speak Filipino or any of the dialects of the Philippines;
and
(g) The applicant must have mingled with the Filipinos and evinced a sincere desire to learn and
embrace the customs, traditions and ideals of the Filipino people.
Section 4. Disqualifications, - The following are not qualified to be naturalized as Filipino citizens
under this Act:
(a) Those opposed to organized government or affiliated with any association of group of persons who
uphold and teach doctrines opposing all organized governments;
(b) Those defending or teaching the necessity of or propriety of violence, personal assault or
assassination for the success or predominance of their ideas;
(c) Polygamists or believers in the practice of polygamy;
(d) Those convicted of crimes involving moral turpitude;
(e) Those suffering from mental alienation or incurable contagious diseases;
(f) Those who, during the period of their residence in the Philippines, have not mingled socially with
Filipinos, or who have not evinced a sincere desire to learn and embrace the customs, traditions and
ideals of the Filipinos;
(g) Citizens or subjects with whom the Philippines is at war, during the period of such war; and
(h) Citizens or subjects of a foreign country whose laws do not grant Filipinos the right to be
naturalized citizens or subjects thereof.
Section 5. Petition for Citizenship. - (1) Any person desiring to acquire Philippine citizenship under
this Act shall file with the Special Committee on Naturalization created under Section 6 hereof, a
petition of five (5) copies legibly typed and signed, thumbmarked and verified by him/her, with the
latter's passport-sized photograph attached to each copy of the petition, and setting forth the following:
(a) The petitioner's name and surname, and any other name he/she has used or by which he/she is
known;
(b) The petitioner's present and former places of residence;
(c) The petitioner's place and date of birth, the names and citizenship of his/her parents and their
residences;
(d) The petitioner's trade, business, profession or occupation, and if married, also that of his/her spouse;
(e) Whether the petitioner is single or married or his/her marriage is annulled. If married, petitioner
shall state the date and place of his/her marriage, and the name, date of birth, birthplace, citizenship
and residence of his/her spouse; and if his marriage is annulled, the date of decree of annulment of
marriage and the court which granted the same;
(f) If the petitioner has children, the name, date and birthplace and residences of his/her children ;
(g) A declaration that the petitioner possesses all the qualifications and none of the disqualifications
under this Act;
(h) A declaration that the petitioner shall never be a public charge; and
(i) A declaration that it is the petitioner's true and honest intention to acquire Philippine citizenship
and to renounce absolutely and forever any prince, potentate, State or sovereign, and particularly the
country of which the applicant is a citizen or subject.
(2) The application shall be accompanied by:
(a) Duplicate original or certified photocopies of petitioner's birth certificate;
(b) Duplicate original or certified photocopies of petitioner's alien certificate of registration and native
born certificate of residence;
(c) Duplicate original or certified photocopies of petitioner's marriage certified, if married, or the death
certificate of his spouse, if widowed, or the court decree annulling his marriage, if such was the fact;
(d) Duplicate original or certified photocopies of birth certificates, alien certificate of registration or
native born certificate of residence if any, of petitioner's minor children, wherever applicable;
(e) Affidavit of financial capacity by the petitioner, and sworn statements on the good moral character
of the petitioner by at least two (2) Filipino citizens of good reputation in his/her place of residence
stating that they have personally known the petitioner for at least a period of ten (10) years and that
said petitioner has in their own opinion all the qualifications necessary to become a citizen of the
Philippines and is not in any way disqualified under the provisions of this Act;
(f) A medical certificate that petitioner is not a user of prohibited drugs or otherwise a drug dependent
and that he/she is not afflicted with acquired immune deficiency syndrome (AIDS);
(g) School diploma and transcript of records of the petitioner in the schools he attended in the
Philippines. Should the petitioner have minor children, a certification that his children are enrolled in
a school where Philippine history, government and civics are taught and are part of the curriculum;
and
(h) If gainfully employed, the income tax return for the past three (3) years.
Section 6. Special Committee on Naturalization. - There shall be constituted a Special Committee on
Naturalization herein referred to as the "Committee", with the Solicitor General as chairman, the
Secretary of Foreign Affairs, or his representative, and the National Security Adviser, as members,
with the power to approve, deny or reject applications for naturalization as provided in this Act.
The Committee shall meet, as often as practicable, to consider applications for naturalization. For this
purpose, the chairman and members shall receive an honorarium of Two thousand pesos (P2,000.00)
and One thousand five hundred pesos (P1,500.00), respectively, per meeting attended.
Section 7. Powers/Functions of the Special Committee on Naturalization. - An alien who believes that
he has all the qualifications, and none of the disqualifications, may file an application for naturalization
with the secretariat of the Special Committee on Naturalization, and a processing fee of Forty thousand
pesos (P40,000.00). Thereafter, the petition shall be stamped to indicate the date of filing and a
corresponding docket number. Within fifteen (15) days from the receipt of the petition, the Committee
shall determine whether the petition is complete in substance and in form. If such petition is complete,
the Committee shall immediately publish pertinent portions of the petition indicating the name,
qualifications and other personal circumstances of the applicant, once a week for three (3) consecutive
weeks in a newspaper of general circulation, and have copies of the petition posted in any public or
conspicuous area. The Committee shall immediately furnish the Department of Foreign Affairs (DFA),
the Bureau of Immigration (BI), the civil registrar of the petitioner's place of residence and tile National
Bureau of Investigation (NBI) copies of the petition and its supporting documents. These agencies
shall have copies of the petition posted in any public or conspicuous area in their buildings, offices and
premises, and shall, within thirty (30) days from the receipt of the petition, submit to the Committee a
report stating whether or not petitioner has any derogatory record on file or any such relevant and
material information which might be adverse to petitioner's application for citizenship.
If the petition is found by the Committee to be wanting in substance and form, the petition shall be
dismissed without prejudice.
Section 8. Approval or Disapproval of the Petition. - Within sixty (60) days from receipt of the report
of the agencies which were furnished a copy of the petition or the date of the last publication of the
petition, whichever comes in later, the Committee shall consider and review all relevant and material
information it has received pertaining to the petition, and may, for the purpose call the petitioner for
interview to ascertain his/her identity, the authenticity of the petition and its annexes, and to determine
the truthfulness of the statements and declarations made in the petition and its annexes.
If the Committee shall have received any information adverse to the petition, the Committee shall
allow the petitioner to answer, explain or refute the information.
Thereafter, if the Committee believes, in view of the facts before it, that the petitioner has all the
qualifications and none of the disqualifications required for Philippine citizenship under this Act, it
shall approve the petition and henceforth, notify the petitioner of the fact of such approval. Otherwise,
the Committee shall disapprove the same.
Section 9. Decree of Naturalization and Naturalization Processing Fee. -Within thirty (30) days from
the receipt of the notice of the approval of his/her petition, the applicant shall pay to the Committee a
naturalization fee of One hundred thousand pesos (P100,000.00) payable as follows: Fifty thousand
pesos (P50,000.00) upon the approval of the petition and Fifty thousand pesos (P50,000.00) upon the
taking of the oath of allegiance to the Republic of the Philippines, forthwith, a certificate of
naturalization shall be issued. Within sixty (60) days from the issuance of the certificate, the petitioner
shall take an oath of allegiance in the proper forum upon proof of payment of the required
naturalization processing fee and certificate of naturalization. Should the applicant fail to take the
abovementioned oath of allegiance within said period of time, the approval of the petition shall be
deemed abandoned.
Section 10. Duty of the Bureau of Immigration. - Within five (5) days after the applicant has taken his
oath of allegiance as required in the preceding section, the BI shall forward a copy of the petitioner's
oath to the proper local civil registrar. Thereafter, the BI shall cancel the alien certificates of
registration of the applicant.
Section 11. Status of Alien Wife and Minor Children. - After the approval of the petition for
administrative naturalization in cancellation of applicant's alien certificate of registration, applicant's
alien lawful wife and minor children may file a petition for cancellation of their alien certificates of
registration with the Committee subject to the payment of the filing fee of Twenty thousand pesos
(P20,000.00) and naturalization fee of Forty thousand pesos (P40,000.00) payable as follows: Twenty
thousand pesos (P20,000.00) upon the approval of the petition and Twenty thousand pesos
(P20,000.00) upon the taking of the oath of allegiance to the Republic of the Philippines.
Section 12. Status of Alien Husband and Minor Children. - If the applicant is a married woman, the
approval of her petition for administrative naturalization will not benefit her alien husband but her
minor children may file a petition for cancellation of their alien certificates of registration with the BI
subject to the requirements of existing laws.
Section 13. Cancellation of the Certificate of Naturalization. - The Special Committee may cancel
certificates of naturalization issued under this Act in the following cases:
(a) If it finds that the naturalized person or his duly authorized representative made any false statement
or misrepresentation or committed any violation of law, rules and regulations in connection with the
petition for naturalization, or if he otherwise obtains Philippine citizenship fraudulently or illegally,
the certificate of naturalization shall be cancelled;
(b) If the naturalized person or his wife, or any or his minor children who acquire Filipino citizenship
by virtue of his naturalization shall, within five (5) years next following the grant of Philippine
citizenship, establish permanent residence in a foreign country, that individual's certificate of
naturalization or acquired citizenship shall be cancelled or revoked: Provided, That the fact of such
person's remaining for more than one (1) year in his country of origin, or two (2) years in any foreign
country, shall be considered prima facie evidence of intent to permanently reside therein;
(c) If the naturalized person or his wife or child with acquired citizenship allows himself or herself to
be used as a dummy in violation of any constitutional or legal provision requiring Philippine
citizenship as a condition for the exercise, use or enjoyment of a right, franchise or privilege, the
certificate of naturalization or acquired citizenship shall be cancelled or revoked; and
(d) If the naturalized person or his wife or child with acquired citizenship commits any act inimical to
national security, the certificate of naturalization or acquired citizenship shall be cancelled or revoked.
In case the naturalized person holds any hereditary title, or belong to any order of nobility, he shall
make an express renunciation of his title or membership in this order of nobility before the Special
Committee or its duly authorized representative, and such renunciation shall be included in the records
of his application for citizenship.
Section 14. Penalties. - Any person who shall fraudulently make, falsify, forge, change, alter, or cause
or aid any person to do the same, or who shall purposely aid and assist in falsely making, forging,
falsifying, changing or altering a naturalization certificate issued under this proceeding for the purpose
of making use thereof, or in order that the same may be used by another person or persons, and any
person who shall purposely aid and assist another in obtaining a naturalization certificate in violation
of this Act, shall be punished by a fine of not more than Five hundred thousand pesos (P500,OOO.OO)
and by imprisonment for not more than five (5) years, and in the case that the person convicted is a
naturalized citizen, his certificate of naturalization shall, if not earlier cancelled by the Special
Committee, be ordered cancelled.
Section 15. Any person who failed to register his/her birth with the concerned city or municipal civil
registrar may, within two (2) years from the effectivity of this Act, file a petition for the acquisition of
the Philippine citizenship: Provided, That the applicant possesses all the qualifications and none of the
disqualifications under this Act and subject to the requirements of existing laws.
Section 16. Special Disposition of the Filing Fee. - An amount equivalent to twenty five percent (25%)
of the filing fee to be paid by the applicants pursuant to Section 7 hereof shall accrue to the University
of the Philippines Law Center and another twenty-five percent (25%) shall be allotted for the
publication of the Journal of the House of Representatives. Said amount shall be treated as receipts
automatically appropriated.
Section 17. Implementing Rules and Regulations. - The Special Committee on Naturalization is hereby
authorized to promulgate such rules and regulations as may be needed for the proper implementation
of the provisions of this Act.
Section 18. Repealing Clause. -All provisions of existing laws, orders, decrees, rules and regulations
contrary to or inconsistent with this Act are hereby repealed or modified accordingly.
Section 19. Separability CIause. - If any part, section or provision of this Act is declared invalid or
unconstitutional, the part, section or provision not affected thereby shall continue to be in force and
effect.
Section 20. Effectivity Clause. - This Act shall take effect after fifteen (15) days following its
publication in at least two (2) newspapers of general circulation.
COMMONWEALTH ACT No. 473
AN ACT TO PROVIDE FOR THE ACQUISITION OF PHILIPPINE CITIZENSHIP BY
NATURALIZATION, AND TO REPEAL ACTS NUMBERED TWENTY-NINE HUNDRED
AND TWENTY-SEVEN AND THIRTY-FOUR HUNDRED AND FORTY-EIGHT.
Be it enacted by the National Assembly of the Philippines:
Section 1. Title of Act. – This Act shall be known and may be cited as the "Revised Naturalization
Law."
Section 2. Qualifications. – Subject to section four of this Act, any person having the following
qualifications may become a citizen of the Philippines by naturalization:
First. He must be not less than twenty-one years of age on the day of the hearing of the petition;
Second. He must have resided in the Philippines for a continuous period of not less than ten years;
Third. He 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.
Fourth. He 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;
Fifth. He must be able to speak and write English or Spanish and any one of the principal Philippine
languages; and
Sixth. He must have enrolled his minor children of school age, in any of the public schools or private
schools recognized by the Office of Private Education1 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.
Section 3. Special qualifications. The ten years of continuous residence required under the second
condition of the last preceding section shall be understood as reduced to five years for any petitioner
having any of the following qualifications:
Having honorably held office under the Government of the Philippines or under that of any of the
provinces, cities, municipalities, or political subdivisions thereof;
Having established a new industry or introduced a useful invention in the Philippines;
Being married to a Filipino woman;
Having been engaged as a teacher in the Philippines in a public or recognized private school not
established for the exclusive instruction of children of persons of a particular nationality or race, in
any of the branches of education or industry for a period of not less than two years;
Having been born in the Philippines.
Section 4. Who are disqualified. - The following cannot be naturalized as Philippine citizens:
Persons opposed to organized government or affiliated with any association or group of persons who
uphold and teach doctrines opposing all organized governments;
Persons defending or teaching the necessity or propriety of violence, personal assault, or assassination
for the success and predominance of their ideas;
Polygamists or believers in the practice of polygamy;
Persons convicted of crimes involving moral turpitude;
Persons suffering from mental alienation or incurable contagious diseases;
Persons who, during the period of their residence in the Philippines, have not mingled socially with
the Filipinos, or who have not evinced a sincere desire to learn and embrace the customs, traditions,
and ideals of the Filipinos;
Citizens or subjects of nations with whom the United States 2and the Philippines are at war, during the
period of such war;
Citizens or subjects of a foreign country other than the United States 3whose laws do not grant Filipinos
the right to become naturalized citizens or subjects thereof.
Section 5. Declaration of intention. – One year prior to the filing of his petition for admission to
Philippine citizenship, the applicant for Philippine citizenship shall file with the Bureau of Justice4 a
declaration under oath that it is bona fide his intention to become a citizen of the Philippines. Such
declaration shall set forth name, age, occupation, personal description, place of birth, last foreign
residence and allegiance, the date of arrival, the name of the vessel or aircraft, if any, in which he came
to the Philippines, and the place of residence in the Philippines at the time of making the declaration.
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. 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 Education5 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. Each declarant must furnish two photographs of himself.
Section 6. Persons exempt from requirement to make a declaration of intention. – Persons born in the
Philippines and have received their primary and secondary education in public schools or those
recognized by the Government and not limited to any race or nationality, and those who have resided
continuously in the Philippines for a period of thirty years or more before filing their application, may
be naturalized without having to make a declaration of intention upon complying with the other
requirements of this Act. To such requirements shall be added that which establishes that the applicant
has given primary and secondary education to all his children in the public schools or in private schools
recognized by the Government and not limited to any race or nationality. The same shall be understood
applicable with respect to the widow and minor children of an alien who has declared his intention to
become a citizen of the Philippines, and dies before he is actually naturalized.6
Section 7. Petition for citizenship. – Any person desiring to acquire Philippine citizenship shall file
with the competent court, a petition in triplicate, accompanied by two photographs of the petitioner,
setting forth his name and surname; his present and former places of residence; his occupation; the
place and date of his birth; whether single or married and the father of children, the name, age,
birthplace and residence of the wife and of each of the children; the approximate date of his or her
arrival in the Philippines, the name of the port of debarkation, and, if he remembers it, the name of the
ship on which he came; a declaration that he has the qualifications required by this Act, specifying the
same, and that he is not disqualified for naturalization under the provisions of this Act; that he has
complied with the requirements of section five of this Act; and 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. 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 petitioner to be a resident of the Philippines for the period of time required by this
Act and a person of good repute and morally irreproachable, and that said petitioner 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 this Act. The petition shall also set forth the names and post-office addresses
of such witnesses as the petitioner may desire to introduce at the hearing of the case. The certificate of
arrival, and the declaration of intention must be made part of the petition.
Section 8. Competent court.—The Court of First Instance of the province in which the petitioner has
resided at least one year immediately preceding the filing of the petition shall have exclusive original
jurisdiction to hear the petition.
Section 9. Notification and appearance.—Immediately upon the filing of a petition, it shall be the duty
of the clerk of the court to publish the same at petitioner's expense, once a week for three consecutive
weeks, in the Official Gazette, and in one of the newspapers of general circulation in the province
where the petitioner resides, and 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,
setting forth in such notice the name, birthplace and residence of the petitioner, the date and place of
his arrival in the Philippines, the names of the witnesses whom the petitioner 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. The clerk shall, as soon as
possible, forward copies of the petition, the sentence, the naturalization certificate, and other pertinent
data to the Department of the Interior, 7 the Bureau of Justice,8 the Provincial Inspector9 of the
Philippine Constabulary of the province and the justice of the peace10 of the municipality wherein the
petitioner resides.
Section 10. Hearing of the petition.—No petition shall be heard within the thirty days preceding any
election. The hearing shall be public, and the Solicitor-General, either himself or through his delegate
or the provincial fiscal concerned, shall appear on behalf of the Commonwealth11 of the Philippines
at all the proceedings and at the hearing. If, after the hearing, the court believes, in view of the evidence
taken, that the petitioner has all the qualifications required by, and none of the disqualifications
specified in this Act and has complied with all requisites herein established, it shall order the proper
naturalization certificate to be issued and the registration of the said naturalization certificate in the
proper civil registry as required in section ten of Act Numbered Three thousand seven hundred and
fifty-three.12
Section 11. Appeal.—The final sentence may, at the instance of either of the parties, be appealed to
the Supreme Court.13
Section 12. Issuance of the Certificate of Naturalization.—If, after the lapse of thirty days from and
after the date on which the parties were notified of the Court, no appeal has been filed, or if, upon
appeal, the decision of the court has been confirmed by the Supreme Court,14 and the said decision
has become final, the clerk of the court which heard the petition shall issue to the petitioner a
naturalization certificate which shall, among other things, state the following: The file number of the
petition, the number of the naturalization certificate, the signature of the person naturalized affixed in
the presence of the clerk of the court, the personal circumstances of the person naturalized, the dates
on which his declaration of intention and petition were filed, the date of the decision granting the
petition, and the name of the judge who rendered the decision. A photograph of the petitioner with the
dry seal affixed thereto of the court which granted the petition, must be affixed to the certificate.
Before the naturalization certificate is issued, the petitioner shall, in open court, take the following
oath:
"I, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . , solemnly swear that I renounce absolutely and forever
all allegiance and fidelity to any foreign prince, potentate, state or sovereignty, and particularly to the
. . . . . . . . . . . . . . . . . . of which at this time I am a subject or citizen; that I will support and defend the
Constitution of the Philippines and that I will obey the laws, legal orders and decrees promulgated by
the duly constituted authorities of the Commonwealth15 of the Philippines; [and I hereby declare that
I recognize and accept the supreme authority of the United States of America in the Philippines and
will maintain true faith and allegiance thereto;16 and that I impose this obligation upon myself
voluntarily without mental reservation or purpose of evasion.
"So help me God."
Section 13. Record books.—The clerk of the court shall keep two books; one in which the petition and
declarations of intention shall be recorded in chronological order, noting all proceedings thereof from
the filing of the petition to the final issuance of the naturalization certificate; and another, which shall
be a record of naturalization certificates each page of which shall have a duplicate which shall be duly
attested by the clerk of the court and delivered to the petitioner.
Section 14. Fees.—The clerk of the Court of First Instance shall charge as fees for recording a petition
for naturalization and for the proceedings in connection therewith, including the issuance of the
certificate, the sum of thirty pesos.
The Clerk of the Supreme Court17 shall collect for each appeal and for the services rendered by him
in connection therewith, the sum of twenty-four pesos.
Section 15. Effect of the naturalization on wife and children.—Any woman who is now or may
hereafter be married to a citizen of the Philippines, and who might herself be lawfully naturalized shall
be deemed a citizen of the Philippines.
Minor children of persons naturalized under this law who have been born in the Philippines shall be
considered citizens thereof.
A foreign-born minor child, if dwelling in the Philippines at the time of the naturalization of the parent,
shall automatically become a Philippine citizen, and a foreign-born minor child, who is not in the
Philippines at the time the parent is naturalized, shall be deemed a Philippine citizen only during his
minority, unless he begins to reside permanently in the Philippines when still a minor, in which case,
he will continue to be a Philippine citizen even after becoming of age.
A child born outside of the Philippines after the naturalization of his parent, sha ll be
considered a Philippine citizen, unless one year after reaching the age of majority, he fails to register
himself as a Philippine citizen at
*************************** MISSING PAGE "#329" ***********************
the fault of their parents either by neglecting to support them or by transferring them to another school
or schools. A certified copy of the decree canceling the naturalization certificate shall be forwarded by
the clerk of the Court to the Department of the Interior20 and the Bureau of Justice.21
(e) If it is shown that the naturalized citizen has allowed himself to be used as a dummy in violation of
the Constitutional or legal provision requiring Philippine citizenship as a requisite for the exercise, use
or enjoyment of a right, franchise or privilege.
Section 19. Penalties for violation of this Act.—Any person who shall fraudulently make, falsify,
forge, change, alter, or cause or aid any person to do the same, or who shall purposely aid and assist
in falsely making, forging, falsifying, changing or altering a naturalization certificate for the purpose
of making use thereof, or in order that the same may be used by another person or persons, and any
person who shall purposely aid and assist another in obtaining a naturalization certificate in violation
of the provisions of this Act, shall be punished by a fine of not more than five thousand pesos or by
imprisonment for not more than five years, or both, and in the case that the person convicted is a
naturalized citizen his certificate of naturalization and the registration of the same in the proper civil
registry shall be ordered cancelled.
Section 20. Prescription.—No person shall be prosecuted, charged, or punished for an offense implying
a violation of the provisions of this Act, unless the information or complaint is filed within five years
from the detection or discovery of the commission of said offense.
Section 21. Regulation and blanks.—The Secretary of Justice shall issue the necessary regulations for
the proper enforcement of this Act. Naturalization certificate blanks and other blanks required for
carrying out the provisions of this Act shall be prepared and furnished by the Solicitor-General, subject
to the approval of the Secretary of Justice.

Section 22. Repealing clause.—Act Numbered Twenty-nine hundred and twenty-seven as amended by
Act Numbered Thirty-four hundred and forty-eight, entitled "The Naturalization Law", is repealed:
Provided, That nothing in this Act shall be construed to affect any prosecution, suit, action, or
proceedings brought, or any act, thing, or matter, civil or criminal, done or existing before the taking
effect of this Act, but as to all such prosecutions, suits, actions, proceedings, acts, things, or matters,
the laws, or parts of laws repealed or amended by this Act are continued in force and effect.

Section 23. Date when this Act shall take effect.—This Act shall take effect on its approval.

Republic Act No. 9225 August 29, 2003

AN ACT MAKING THE CITIZENSHIP OF PHILIPPINE CITIZENS WHO ACQUIRE
FOREIGN CITIZENSHIP PERMANENT.
AMENDING FOR THE PURPOSE COMMONWEALTH ACT. NO. 63, AS AMENDED AND
FOR OTHER PURPOSES

Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled:

Section 1. Short Title – this act shall be known as the "Citizenship Retention and Re-acquisition Act
of 2003."

Section 2. Declaration of Policy - It is hereby declared the policy of the State that all Philippine citizens
of another country shall be deemed not to have lost their Philippine citizenship under the conditions of
this Act.

Section 3. Retention of Philippine Citizenship - Any provision of law to the contrary notwithstanding,
natural-born citizenship by reason of their naturalization as citizens of a foreign country are hereby
deemed to have re-acquired Philippine citizenship upon taking the following oath of allegiance to the
Republic:

"I _____________________, solemny swear (or affrim) that I will support and defend the Constitution
of the Republic of the Philippines and obey the laws and legal orders promulgated by the duly
constituted authorities of the Philippines; and I hereby declare that I recognize and accept the supreme
authority of the Philippines and will maintain true faith and allegiance thereto; and that I imposed this
obligation upon myself voluntarily without mental reservation or purpose of evasion."

Natural born citizens of the Philippines who, after the effectivity of this Act, become citizens of a
foreign country shall retain their Philippine citizenship upon taking the aforesaid oath.

Section 4. Derivative Citizenship - The unmarried child, whether legitimate, illegitimate or adopted,
below eighteen (18) years of age, of those who re-acquire Philippine citizenship upon effectivity of
this Act shall be deemed citizenship of the Philippines.

Section 5. Civil and Political Rights and Liabilities - Those who retain or re-acquire Philippine
citizenship under this Act shall enjoy full civil and political rights and be subject to all attendant
liabilities and responsibilities under existing laws of the Philippines and the following conditions:

(1) Those intending to exercise their right of surffrage must Meet the requirements under Section 1,
Article V of the Constitution, Republic Act No. 9189, otherwise known as "The Overseas Absentee
Voting Act of 2003" and other existing laws;

(2) Those seeking elective public in the Philippines shall meet the qualification for holding such public
office as required by the Constitution and existing laws and, at the time of the filing of the certificate
of candidacy, make a personal and sworn renunciation of any and all foreign citizenship before any
public officer authorized to administer an oath;

(3) Those appointed to any public office shall subscribe and swear to an oath of allegiance to the
Republic of the Philippines and its duly constituted authorities prior to their assumption of office:
Provided, That they renounce their oath of allegiance to the country where they took that oath;

(4) Those intending to practice their profession in the Philippines shall apply with the proper authority
for a license or permit to engage in such practice; and

(5) That right to vote or be elected or appointed to any public office in the Philippines cannot be
exercised by, or extended to, those who:

(a) are candidates for or are occupying any public office in the country of which they are naturalized
citizens; and/or

(b) are in active service as commissioned or non-commissioned officers in the armed forces of the
country which they are naturalized citizens.

Section 6. Separability Clause - If any section or provision of this Act is held unconstitutional or
invalid, any other section or provision not affected thereby shall remain valid and effective.

Section 7. Repealing Clause - All laws, decrees, orders, rules and regulations inconsistent with the
provisions of this Act are hereby repealed or modified accordingly.

Section 8. Effectivity Clause – This Act shall take effect after fifteen (15) days following its publication
in the Official Gazette or two (2) newspaper of general circulation.