REVISED NATURALIZATION LAW
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REVISED NATURALIZATION LAW
Commonwealth Act No. 473
June 17, 1939
Case Overview and Summary
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-EIGHTTitle of the Act (Sec. 1)
• This Act shall be known and may be cited as the "Revised Naturalization-Law."
Qualifications for Naturalization (Sec. 2)
• Be at least 21 years old on the day of the petition hearing.
• Have resided in the Philippines for a continuous period of at least 10 years.
• Be of good moral character, believe in the Philippine Constitution principles, and have conducted properly during the entire residence period.
• Own real estate worth at least 5,000 Philippine pesos or have a lucrative trade, profession, or lawful occupation.
• Be able to speak and write English or Spanish and any one of the principal Philippine languages.
• Have enrolled minor children of school age in public or recognized private schools where Philippine history, government, and civics are taught as part of the curriculum during the entire required residence period.
Special Qualifications for Reduced Residence Period (Sec. 3)
• The 10-year continuous residence is reduced to 5 years for petitioners who:
- Have honorably held office under the Philippine government or its subdivisions.
- Have established a new industry or introduced a useful invention in the Philippines.
- Are married to a Filipino woman.
- Have been a teacher in the Philippines for at least 2 years in a public or recognized private school.
- Were born in the Philippines.
Disqualifications for Naturalization (Sec. 4)
• Persons opposed to organized government or affiliated with groups upholding doctrines opposing all organized governments.
• Persons defending or teaching the necessity or propriety of violence, personal assault, or assassination for the success 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 have not mingled socially with Filipinos or evinced a sincere desire to learn and embrace Filipino customs, traditions, and ideals during their residence.
• Citizens or subjects of nations at war with the United States and the Philippines during the period of such war.
• Citizens or subjects of a foreign country whose laws do not grant Filipinos the right to become naturalized citizens or subjects thereof.
Declaration of Intention (Sec. 5)
• One year prior to filing the petition, the applicant shall file a declaration of intention with the Bureau of Justice.
• The declaration shall include personal details, date of arrival, and enrollment of minor children in schools teaching Philippine history, government, and civics.
• The declarant must furnish two photographs.
Widow and Minor Children of Aliens Dying After Declaration (Sec. 6)
• The widow and minor children of an alien who declared intention but died before naturalization may be naturalized without making a declaration of intention by complying with other provisions.
Petition for Citizenship (Sec. 7)
• Any person desiring Philippine citizenship shall file a petition in triplicate with the competent court, accompanied by two photographs.
• The petition shall include personal details, qualifications, declaration of intention compliance, and intention to reside continuously in the Philippines.
• The petition must be signed by the applicant and supported by affidavits of at least two credible Philippine citizen witnesses.
• The certificate of arrival and declaration of intention must be part of the petition.
Competent Court (Sec. 8)
• The Court of First Instance of the province where the petitioner has resided for at least one year immediately preceding the filing shall have exclusive original jurisdiction.
Notification and Appearance (Sec. 9)
• The clerk shall publish the petition once a week for three consecutive weeks in the Official Gazette and a local newspaper, and post copies in a conspicuous place.
• The notice shall include the petitioner's details, witnesses, and hearing date, which shall not be within 90 days from the last publication.
• Copies shall be forwarded to the Department of the Interior, Bureau of Justice, Philippine Constabulary, and local justice of the peace.
Hearing of the Petition (Sec. 10)
• No petition shall be heard within 30 days preceding any election.
• The hearing shall be public, and the Solicitor-General or delegate shall appear on behalf of the Commonwealth.
• If the court believes the petitioner has all qualifications and has complied with requisites, it shall order the issuance of the naturalization certificate and its registration.
Appeal (Sec. 11)
• The final sentence may be appealed to the Supreme Court at the instance of either party.
Issuance of the Certificate of Naturalization (Sec. 12)
• If no appeal is filed within 30 days or the decision is confirmed by the Supreme Court, the clerk shall issue a naturalization certificate to the petitioner.
• The certificate shall state the file number, petitioner's signature, personal circumstances, dates of declaration and petition, decision date, judge's name, and petitioner's photograph with court seal.
• The petitioner shall take an oath renouncing foreign allegiance and accepting the authority of the United States and the Philippines.
Record Books (Sec. 13)
• The clerk shall keep two books: one for recording petitions and declarations, and another for recording naturalization certificates with duplicate pages for the petitioner.
Fees (Sec. 14)
• The Court of First Instance clerk shall charge 30 pesos for recording the petition and proceedings, including the certificate issuance.
• The Supreme Court clerk shall collect 24 pesos for each appeal and services rendered.
Effect of Naturalization on Wife and Children (Sec. 15)
• A woman married to a Philippine citizen who could be lawfully naturalized shall be deemed a Philippine citizen.
• Minor children born in the Philippines to naturalized parents shall be considered Philippine citizens.
• A foreign-born minor child residing in the Philippines at the time of the parent's naturalization shall automatically become a Philippine citizen.
• A foreign-born minor child not in the Philippines at the time of the parent's naturalization shall be deemed a Philippine citizen only during minority unless they begin to reside permanently in the Philippines while still a minor.
• A child born outside the Philippines after the parent's naturalization shall be considered a Philippine citizen unless they fail to register and take the oath of allegiance within one year after reaching majority.
Right of Widow and Children of Deceased Petitioners (Sec. 16)
• If a petitioner dies before the final decision, the widow and minor children may continue the proceedings, and the decision shall produce the same legal effect as if rendered during the petitioner's life.
Renunciation of Title or Orders of Nobility (Sec. 17)
• If the alien applying for citizenship has borne any hereditary title or order of nobility, they shall make an express renunciation of the title or order in the court, unless with the express consent of the National Assembly.
Cancellation of Naturalization Certificate (Sec. 18)
• Upon motion by the Solicitor-General or provincial fiscal, the competent judge may cancel the naturalization certificate and its registration:
- If obtained fraudulently or illegally.
- If the person returns to their native or foreign country and establishes permanent residence there within 5 years of issuance (prima facie evidence if staying more than 1 year in native country or 2 years in any other foreign country).
- If the petition was made on an invalid declaration of intention.
- If the minor children failed to graduate from a school teaching Philippine history, government, and civics through the fault of their parents.
- If the naturalized citizen has allowed themselves to be used as a dummy in violation of Constitutional or legal provisions requiring Philippine citizenship.
Penalties for Violation (Sec. 19)
• Any person who fraudulently makes, falsifies, forges, changes, alters, or aids in doing so for a naturalization certificate, or aids another in obtaining a certificate in violation of this Act, shall be punished by a fine of not more than 5,000 pesos or imprisonment for not more than 5 years, or both.
• If the convicted person is a naturalized citizen, their certificate and registration shall be ordered cancelled.
Prescription (Sec. 20)
• No person shall be prosecuted for an offense implying a violation of this Act unless the information or complaint is filed within 5 years from the detection or discovery of the offense.
Regulations and Blanks (Sec. 21)
• The Secretary of Justice shall issue necessary regulations for the proper enforcement of this Act.
• Naturalization certificate blanks and other blanks shall be prepared and furnished by the Solicitor-General, subject to the approval of the Secretary of Justice.
Repealing Clause (Sec. 22)
• 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, but shall not affect any prosecution, suit, action, or proceeding brought, or any act, thing, or matter, civil or criminal, done or existing before the taking effect of this Act.
Effectivity Date (Sec. 23)
• This Act shall take effect on its approval, which was on June 17, 1939.
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Law
REVISED NATURALIZATION LAW
Commonwealth Act No. 473
•June 17, 1939
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;
Sec. 1. Title of Act. - This Act shall be known and may be cited as the "Revised Naturalization-Law."
Sec. 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 tho 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...
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