Eleanor Finch
The acquisition of Philippine citizenship by naturalization is governed by the 1987 Constitution of the Philippines and the 1939 Revised Naturalization Law. Foreign nationals may acquire Philippine citizenship through naturalization by fulfilling certain requirements, such as a minimum residence requirement, demonstrating proficiency in a Philippine language, and fulfilling a good character requirement. The process of naturalization allows foreigners to become full citizens with the same civil, economic, and political rights as natural-born Filipinos, including the right to vote in elections and run for public office. This process has evolved over time, with changes made by the Supreme Court and new legislation, such as the Citizenship Retention and Re-acquisition Act of 2003, which allows former citizens to reacquire citizenship.
| Characteristics | Values |
|---|---|
| Legislation governing naturalization | 1987 Constitution of the Philippines and the 1939 Revised Naturalization Law |
| Minimum residence requirement | 10 years |
| Other requirements | Acquisition of real estate, proficiency in English or Spanish and a Philippine language, good character requirement |
| Age requirement | 21 years or above |
| Declaration of intention to naturalize | Required |
| Citizenship for children of naturalized citizens | Children born outside of the Philippines to a naturalized citizen are considered citizens unless they fail to register and take an oath of allegiance upon reaching the age of majority |
| Citizenship for foreign spouses of Filipino citizens | Allowed through the process of naturalization and in accordance with Commonwealth Act No. 473 |
| Minimum residence requirement for foreign spouses | 5 years |
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What You'll Learn
Natural-born citizens
Citizenship laws in the Philippines are governed by the 1987 Constitution and various statutes. The distinction between natural-born and naturalized citizens is fundamental in determining eligibility for certain rights, particularly in public office and ownership of certain properties.
The Citizenship Retention and Re-acquisition Act of 2003 allowed any person who had lost Philippine citizenship due to naturalization in a foreign country to reacquire citizenship and halted further revocations. Children born to parents who reacquired citizenship under this Act are considered natural-born citizens. Additionally, children born to Filipino mothers before the 1973 Constitution who opted to retain or elect Philippine citizenship upon reaching the age of majority are also considered natural-born citizens. A person's birth certificate indicating that their parents are Filipino citizens serves as primary evidence of their natural-born status.
Only natural-born citizens are eligible to hold certain public offices, such as the President, Vice President, Senators, and Members of the House of Representatives. This eligibility is enshrined in the 1987 Constitution.
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Citizenship by descent
The acquisition of Philippine citizenship by naturalization is governed by the 1987 Constitution of the Philippines and the 1939 Revised Naturalization Law. Foreign nationals may become Filipino citizens by naturalization after meeting certain requirements. These include a minimum residence requirement (usually 10 years), real estate ownership, proficiency in English or Spanish and a Philippine language, and a good character standing.
Now, in terms of citizenship by descent, the Philippines adheres to the principle of jus sanguinis, or the "right of blood". This means that an individual can acquire Philippine citizenship if they can prove that at least one of their parents was a Filipino citizen at the time of their birth. This can be demonstrated through various documents, including birth certificates, marriage certificates, and other supporting documents.
The specific requirements for citizenship by descent have evolved over time, with different rules applying depending on the date of birth and the constitution in force at the time. Under the 1935 Constitution, which was in effect until January 17, 1973, individuals born to Filipino mothers and foreign fathers had to actively elect Philippine citizenship upon reaching the age of majority. The 1973 Constitution, in force from January 17, 1973, to February 2, 1987, allowed the passing of citizenship from either parent without the need for a formal election process.
The current 1987 Constitution, which came into effect on February 2, 1987, does not impose an election requirement for those born after its enactment. However, for those born before 1987, the applicable constitution at the time of their birth determines whether they needed to elect Philippine citizenship upon reaching the age of majority.
It is important to note that a late-registered birth certificate can be used as proof of citizenship by descent, provided it is duly authenticated, complies with the rules set by the Philippine Statistics Authority (PSA), and contains accurate information. The process typically involves filing an affidavit explaining the delay, submitting supporting documents, and obtaining approval from the local civil registrar.
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Citizenship by marriage
In the Philippines, marriage alone does not automatically grant Filipino citizenship to a foreign spouse. However, a foreign national married to a Filipino may qualify for certain immigration privileges, such as a non-quota immigrant visa (13(a) Visa), and may later seek Philippine citizenship through the process of naturalization, subject to specific legal requirements.
The 1973 Constitution allowed Filipina women who married foreign men to retain their Philippine citizenship even if they acquired their husband's nationality upon marriage. The Citizenship Retention and Re-acquisition Act of 2003 allowed any person who lost their Philippine citizenship due to naturalization in a foreign country to reacquire Philippine citizenship and prevented further revocations.
Philippine nationality law details the conditions under which a person is a national of the Philippines. The two primary pieces of legislation governing these requirements are the 1987 Constitution of the Philippines and the 1939 Revised Naturalization Law. Foreign nationals may naturalize as Philippine citizens after meeting a minimum residence requirement (usually 10 years), acquiring real estate, demonstrating proficiency in either English or Spanish as well as a Philippine language, and fulfilling a good character requirement. The requirement of ten years of continuous residence may be reduced to five years if the applicant is married to a Filipino citizen.
To seek citizenship by naturalization, an applicant must file a petition for naturalization with the Court of First Instance in the province where they have resided for at least the previous year. The petition must include all required documents, such as a marriage certificate, proof of Filipino spouse's citizenship, and financial capacity, and the necessary filing fees. The case will be heard in open court, where the petitioner must present evidence and witnesses. If the court grants the petition, the foreign spouse takes the Oath of Allegiance to the Republic of the Philippines, potentially renouncing other citizenships if required by law or by the foreign spouse's country of origin.
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Citizenship requirements
The 1987 Constitution of the Philippines and the 1939 Revised Naturalization Law outline the requirements for citizenship by naturalization.
Any person born to at least one Filipino parent is a natural-born citizen of the Philippines and receives citizenship at birth. Those born to a Filipino mother before January 17, 1973, are also considered citizens if they elected Philippine citizenship upon reaching the age of majority (21 years old).
Foreign nationals may acquire citizenship by naturalization after meeting certain requirements. Firstly, they must be at least 21 years of age at the time of their petition for naturalization. Secondly, they must have resided in the Philippines for a continuous period, with the required duration ranging from 5 to 10 years, depending on the source. Thirdly, they must demonstrate good moral character, a belief in the principles of the Philippine Constitution, and conduct themselves properly during their residence in the country.
Additionally, foreign nationals must file a petition for naturalization with the Court of First Instance in the province where they have resided for at least the previous year. They must provide documentation, including photographs, details of their residence and occupation, birth certificates, and other relevant information. They may also need to demonstrate proficiency in English or Spanish, as well as a Philippine language.
It is important to note that Philippine women who married foreign men and acquired their husbands' nationalities automatically lost their Philippine citizenship due to previous laws, but this was changed with the 1973 Constitution. The Citizenship Retention and Re-acquisition Act of 2003 further allowed individuals who had lost their citizenship due to naturalization in a foreign country to reacquire Philippine citizenship.
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Loss of citizenship
Philippine citizenship may be lost in several ways, as outlined in Commonwealth Act No. 63. These include:
- By being declared a deserter of the Philippine armed forces in times of war.
- In the case of a woman, upon her marriage to a foreigner if she acquires his nationality. However, this does not apply if the woman's husband is from an Iberian or friendly democratic Ibero-American country, or from the United Kingdom, and that country grants the same privilege to its citizens.
- By repatriation of deserters of the Army, Navy or Air Corps.
- By direct act of the Congress of the Philippines.
- By subscribing to an oath of allegiance to support the constitution or laws of a foreign country upon attaining the age of 21 or more.
- By rendering services to, or accepting a commission in, the armed forces of a foreign country.
Philippine citizenship may also be voluntarily renounced by a citizen who has acquired foreign citizenship. This can be done by submitting an Affidavit of Renunciation of Philippine Citizenship, along with other supporting documents, to the Philippine Embassy.
It is important to note that the Citizenship Retention and Re-acquisition Act of 2003 (Republic Act 9225) allows natural-born Filipinos who have become naturalized citizens of another country to retain or reacquire their Filipino citizenship. This Act states that the loss of Philippine citizenship must be due to naturalization as a citizen of a foreign country. Former Filipino citizens can reacquire Philippine citizenship by taking the oath of allegiance to the Republic of the Philippines.
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Frequently asked questions
Citizenship by naturalization in the Philippines is governed by the 1987 Constitution of the Philippines and the 1939 Revised Naturalization Law. Foreign nationals can become citizens of the Philippines by naturalization if they meet certain requirements.
The requirements include:
- The applicant must be at least 21 years of age.
- The applicant must have resided in the Philippines for a continuous period of at least 10 years (5 years according to another source).
- The applicant must demonstrate proficiency in English or Spanish as well as a Philippine language.
- The applicant must acquire real estate.
- The applicant must be of good moral character and believe in the principles underlying the Philippine Constitution.
- The applicant must demonstrate that they have conducted themselves in a proper and irreproachable manner during their residence in the Philippines.
To apply for citizenship by naturalization, an individual must file a petition for naturalization with the Court of First Instance in the province where they have resided for at least the previous year. The petition must be filed in triplicate and accompanied by two photographs of the petitioner, as well as various details about their personal history, residence, and occupation.
