Section 1.
Special
Committee on Naturalization. – The Special Committee on
Naturalization,
hereinafter referred to as the “Committee”, shall be composed
of:
(1) the Solicitor-General, as Chairman; (2) the Secretary of Foreign
Affairs
or his duly authorized representative; and (3) the National Security
Adviser,
as members. The Committee shall have its principal office at the Office
of the Solicitor-General. The Committee shall meet, as often as
practicable,
to consider applications for naturalization.
Section 2. Secretariat
of the Committee; Functions. – Immediately upon the effectivity of
these Implementing Rules and Regulations, the Committee shall meet in
order
to establish a Secretariat which shall have the following functions:
(a)
to receive all papers filed with the Committee and cause the
publication
of those matters required by law; (b) to receive all fees paid by
applicants;
(c) to record all the proceedings of the Committee; (d) to keep and
maintain
all the books necessary for the recording of such papers and documents;
(e) to notify applicants of the progress of their applications and such
other developments as may arise in the course of the evaluation; and
(f)
to perform such other functions as may be required by the Committee.
Section 3. Power
to Approve, Deny or Reject Applications; Unanimous Vote Required. –
The Committee shall have the power to approve, deny or reject
applications
for naturalization as provided in R. A. No. 9139, hereinafter referred
to as the “Act”. To approve petitions for naturalization, the
vote
of all three (3) members shall be required. In meeting to
consider
petitions for naturalization, however, the presence of two (2) members
shall constitute a quorum. When only two (2) members were present in
the
meeting, the following are required in order to consider the petition
for
naturalization approved:
(1) the
affirmative
vote of the two (2) members present during the meeting; and
(2)
the
submission
of the written affirmative vote of the absent member, accompanied by
his
certification that he has considered and reviewed the minutes of the
meeting
wherein the pertinent petition was considered, together with all
relevant
and material information. The written affirmative vote and
certification
shall be submitted by the absent member within fifteen (15) days from
receipt
of the minutes of the pertinent meeting.
Section 4. Strict
Construction. – These rules shall be strictly construed against an
application
for naturalization.
Section 5. Where
Filed; Processing Fee. – Any person who has all of the
qualifications
under Section 3 of the Act and none of the disqualifications under
Section
4 thereof may file a petition for naturalization with the Secretariat
of
the Committee, upon the payment of the 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.
Section 6. Number
of Copies of Petition. – The petition for naturalization shall be
filed
in five (5) copies, signed, thumbmarked on each and every page and
verified
by the petitioner, legibly typed, and with the latter’s passport size
photograph
(colored with white background) attached to each copy of the petition.
Section 7. Contents
of Petition for Naturalization. – The petition for naturalization
shall
set forth the following:
(a) The
petitioner’s
name, surname, middle name, nickname, and any other name he/she has
used
or by which he/she is known;
(b)
The
petitioner’s
present and all former places of residences, if any;
(c)
The
petitioner’s
place and date of birth, the complete names and citizenship of his/her
parents, both natural and adopting, if any, and their residences;
(d)
The
petitioner’s
trade, business, profession or occupation, and if married, also that of
his/her spouse, and children, if any;
(e)
The
petitioner’s
civil status, whether single, married, legally separated, or widowed.
If
married or widowed, petitioner shall state the date and place of
marriage,
and the name, date of birth, birthplace, citizenship, and residence of
the spouse. If petitioner is legally separated or the marriage was
annulled,
the date of the decree of legal separation or annulment, and the court
which granted the same. If petitioner is widowed, the date and place of
death of his/her spouse;
(f)
If
petitioner
has a child/children, whether legitimate, illegitimate, or adopted, the
name/s, date/s of birth, birthplace/s, residence/s, and school/s where
such child/children received primary and secondary education;
(g)
A
declaration
specifying in detail that petitioner possesses all the qualifications
and
none of the disqualifications under the Act;
(h)
A
declaration
that 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
petitioner
is a subject.
Section 8. Accompanying
Documents. – The petition for naturalization shall be accompanied
by
the following documents attached to the petition as annexes thereof:
a) The
duplicate
original or certified photocopies of petitioner’s birth certificate;
b)
The
duplicate
original or certified photocopies of petitioner’s alien certificate of
registration and native-born certificate of residence;
c)
The
duplicate
original or certified photocopies of petitioner’s marriage certificate,
if married, or the death certificate of his/her spouse, if widowed, or
the court decree annulling his/her marriage or granting legal
separation,
if such was the fact;
d)
The
duplicate
original or certified photocopies of birth certificates, alien
certificates
of registration or native-born certificates of residence, if any, of
petitioner’s
minor children, if any;
e)
Affidavit
of financial capacity by the petitioner, duly supported by bank
certifications,
passbooks, stock certificates, or proof of ownership of other
properties;
f)
Affidavits
of at least two (2) credible witnesses who must be Filipino citizens of
good reputation in petitioner’s place of residence, attesting to the
following:
(a) the good moral character of petitioner; (b) that they have
personally
known petitioner for a period of at least ten (10) years; and
(c)
that in
their opinion, the petitioner has all the qualifications and none of
the
disqualifications to become a citizen of the Philippines, and not in
any
way disqualified under the provisions of the Act;
g) A
medical
certificate that petitioner is not suffering from mental alienation or
a user of prohibited drugs or otherwise a drug dependent and that
he/she
is not afflicted with acquired immune deficiency syndrome (AIDS), or
any
incurable contagious disease;
h)
School
diploma
and transcript of records of the petitioner in the school/s he or she
attended
in the Philippines. Should the petitioner have minor children, a
certification
that his or her children are enrolled in private or public school/s
duly
recognized by the Department of Education, Culture and Sports (“DECS”),
where Philippines history, government and civics are taught and
prescribed
as part of the school curriculum, and enrollment in said school/s is
not
limited to any race or nationality; and
i)
If
gainfully
employed, petitioner’s income tax returns for the past three (3) years.
Section 9. Determination
of Sufficiency of Petition. – Within fifteen (15) days from receipt
of the petition, the Committee shall determine whether the petition is
complete in form and in substance. If the petition is found to be
wanting in form and substance, particularly with the requirement as to
the allegation of all of the qualifications and none of the same, upon
the payment of the processing fee.
Section 10.
Mandatory
Publication and Posting Requirements. – If the petition is
complete,
the Committee shall inform petitioner of such fact. Thereafter,
the
Committee, upon receipt from the petitioner of the amount necessary to
pay for the publication expenses, shall immediately cause the
publication
of 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 duly accredited newspaper of general
circulation,
and have copies of the entire 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 of
the petitioner’s place of residence, and the National Bureau of
Investigation
(“NBI”) with copies of the petition and its supporting
documents.
These agencies shall have the copies of the petition posted in any
public
or conspicuous area in their buildings, offices and premises, and
shall,
within thirty (30) days from receipt of the petition, submit to the
Committee
a report stating the following:
(a) The
Compliance
with the posting requirement under the Act; and
(b)
The
presence
or absence of any derogatory record on file or any such relevant and
material
information which might adversely affect petitioner’s application for
citizenship.
Section 11. Review
of Petition. – Within sixty (60) days from receipt of the reports
of
the agencies which are required to be furnished a copy of the petition,
or the date of the last publication of the petition, whichever comes
later,
the Committee shall consider and review all relevant and material
information
it has received pertaining to the petition.
Section 12.
Interview.
– The Committee may call the petitioner and/or his witnesses for an
interview
to ascertain petitioner’s 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 advise petitioner of said information and allow the petitioner to
answer, explain or refute the information under oath in writing within
the period prescribed by the Committee.
Section 13.
Decision
of the Committee. – After the review of the petition or the conduct
of the interview, the Committee, based on the facts and documents
before
it, shall approve or disapprove the petition, and henceforth notify the
petitioner of its decision.
Section 14.
Disapproval
of Petition. – If the Committee disapproves the petition, it shall
set forth the factual and/or legal bases for the disapproval, and
notify
petitioner thereof.
Section 15.
Approval
of Petition; Payment of Naturalization Fee. – Within thirty (30)
days
from receipt of notice of approval of the petition, the petitioner
shall
pay the Committee, through its Secretariat, a naturalization fee in the
amount of One hundred thousand pesos (P100,000.00), which may be paid
in
full or as follows: Fifty thousand pesos (P50,000.00) within the
aforesaid
thirty-day period.
Within sixty
(60) days from approval of the petition and full payment of the
naturalization
fee, the petitioner shall take his or her oath of allegiance to the
Republic
of the Philippines. After petitioner takes his oath, the Committee
shall
forthwith issue a Certificate of Naturalization and the oath of
allegiance.
The Committee shall immediately furnish the BI with a copy of the
petitioner’s
oath of allegiance. A copy of his oath will be kept in the records of
the
Committee.
Should the applicant
fail to take his oath of allegiance within the time provided herein,
the
approval of the petition for naturalization shall be deemed abandoned.
Section 16.
Duty
of the Secretariat. – Within five (5) days after the issuance of
the
Certificate of Naturalization, the Secretariat shall forward a copy of
the Certificate of Naturalization to the BI and to the proper local
civil
registrar.
Section 17.
Status
of Alien Wife and Minor Children. – After the approval of the
petition
for administrative naturalization and cancellation of petitioner’s
alien
certificate of registration, petitioner’s alien lawful wife and minor
children
may file a petition for the 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 or Forty
thousand
pesos (P40,000.00) for each individual payable as follows: Twenty
thousand
pesos (P20,000.00) upon taking the oath of allegiance to the Republic
of
the Philippines.
Section 18.
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 payment of the fees prescribed in Section 17 hereof.
Section 19.
Revocation
of the Certificate of Naturalization. – The Committee may revoke or
cancel the Certificate of Naturalization issued under the Act, motu
proprio or upon complaint by any person, after due notice and
summary
hearing, in the following cases:
(a) If
the
Committee finds that the naturalization 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;
(b)
If the
naturalized
person or his wife, or any of his minor children who acquired
Philippine
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 Philippine citizenship shall be 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 herein;
(c)
If the
naturalized
person or his wife who 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 any right, franchise or privilege; and
(d)
If the
naturalized
person or his wife or child who acquired Philippine citizenship commits
any act inimical to national security.
Section 20. Renunciation
of Hereditary Title or Membership in any Order of Nobility. – In
case
the naturalized person holds any hereditary title, or belongs to any
order
of nobility, he shall make an express renunciation of his title or
membership
in this order of nobility before the Committee or its duly authorized
representative,
and such renunciation shall be included in the records of his
application
for citizenship.
Section 21.
Special
Circumstances. – 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 the Act, file a petition for the acquisition of
Philippine citizenship, subject to the requirements under the Act and
these
implementing rules and regulations.
Section 22.
Effectivity
Clause. – These rules and regulations shall take effect fifteen
(15)
days following its publication in at least two (2) newspapers of
general
circulation.
(Sgd.)
TEOFISTO
T. GUINGONA, JR.
Secretary
of Foreign Affairs
(Sgd.)
ROILO
S. GOLEZ
National
Security Adviser
(Sgd.)
SIMEON V. MARCELO
Solicitor
General
Interested
parties
may apply at the Office of the Solicitor General, 134 Amorsolo Street,
Legaspi Village, Makati City, Metro Manila, upon effectivity of the
above
rules and regulations.