Transcript
Who are the Citizens of the Philippines?
A Filipino Filipino citizen may be considered considered natural-bo natural-born rn or naturalized citizen. citizen. Both statuses bestow upon the individual certain privileges and exclusive rights s uch as the rights to vote, to run for public, etc. which may be denied the foreigner. NATURAL-BORN FILIPINO Art. IV, sec. 2 of the 1987 Constitution defines the NATURAL-BORN Filipino Filipino citizens as: 1. “Those who are citizens of the the Philippines at the time of the the adoption of this this (1987) Constitution” 2. “those whose fathers OR mothers mothers are citizens of the Philippines” Philippines” and 3. “those born before January 7, 1973, of Filipino mothers, who elect Philippine citizenship upon reaching the age of majority. Even if the child is born to an alien father and a Filipino mother, the Filipino citizenship of the mother will bestow natural-born Philippine citizenship upon the child PROVIDED PROVIDED his birth occurred on or after January 17, 1973 (date of ratification of the 1973 Constitution), otherwise he followed the citizenship of the alien father and acquired at best only an inchoate Philippine citizenship which he could perfect by election upon attaining majority age. EXCEPT if he is born out out of lawful wedlock, in which case, he will be considered a Filipino Filipino by virtue of his mother’s citizenship. In addition, only natural-born citizens are allowed to hold constitutional offices such as the office of the President; Senators; Members of the House of Representatives; Members of the Supreme Court; and the Chairman and Commissioners of the Constitutional Commissions (Civil Service Commission, COMELEC and the Commission on Audit). NATURALIZED FILIPINO Naturalization takes place either voluntarily by complying both the substantive and procedural requirements of the general naturalization law or by operation of law. This process may be direct or derivative. Under the Commonwealth Act 473, a foreigner who is not married to a Filipino but seeks to acquire Philippine citizenship is required to have lived in the Philippines for a continuous period of NOT LESS than ten (10) years. The said period period shall be reduced reduced to five (5) years if he is being married married to a Filipino. Filipino. Other Other prescribed qualifications pertain to the age, moral, occupational, language and educational qualifications of the petitioner. However, naturalization shall be subject to the Rule of Reciprocity, hence, the alien petitioner must prove by evidence that the laws of his country grant Filipinos the right to be naturalized.
Naturalization is a mode for both acquisition and reacquisition of Philippine citizenship. citizenship . As a mode of initially acquiring Philippine citizenship, naturalization is governed by Commonwealth Act No. No. 473, as amended. On the other hand, naturalization as a mode for reacquiring Philippine citizenship is governed by Commonwealth Act No. 63(An 63 (An Act Providing for the Ways in Which Philippine Citizenship May Be Lost or Reacquired [1936]). Under this law, a former Filipino citizen who wishes to reacquire Philippine citizenship must possess certain qualifications and none of the disqualifications mentioned in Section 4 of C.A. 473. Repatriation, on the other hand, may be had under various statutes by those who lost their citizenship due to: (1) Repatriation, desertion of the armed forces (Section 4, C.A. No. 63); (2) service in the armed forces of the allied forces in World War II (Section 1, Republic Act No. 965 [1953]); (3) service in the Armed Forces of the United States at any other time (Sec. 1, Republic Act No. 2630 [1960]); (4) marriage of a Filipino woman to an alien (Sec. 1, Republic Act No. 8171 [1995]); and (5) political and economic necessity (Ibid).
As distinguished from the lengthy process of naturalization, repatriation simply consists of the taking of an oath of allegiance to the Republic of the Philippines and registering said oath in the Local Civil Registry of the place where the person concerned resides or last resided…xxx Moreover, repatriation results in the recovery of the original nationality . nationality . This means that a naturalized Filipino who lost his citizenship will be restored to his prior prior status as a naturalized Filipino citizen. On the other hand, if he was originally a natural-born citizen before he lost his Philippine citizenship, he will be restored to his former status as a natural-born Filipino.
CITIZENSHIP § Art. IV, 1987 1987 Constitution Constitution SECTION 1. The following are citizens of the Philippines: (1) Those who are citizens of the Philippines at the time of the adoption of this Constitution; (2) Those whose fathers or mothers are citizens of the Philippines; (3) Those born before January 17, 1973, of Filipino mothers, who elect Philippine citizenship upon reaching the age of majority; and (4) Those who are naturalized in accordance with law. SECTION 2. Natural-born citizens are those who are citizens of the Philippines from birth without having to perform any act to acquire or perfect their Philippine citizenship. Those who elect Philippine citizenship in accordance with paragraph (3), Section 1 hereof shall be deemed natural-born citizens. SECTION 3.
Philippine citizenship may be lost or reacquired in the manner provided by law.
SECTION 4. Citizens of the Philippines who marry aliens shall retain their citizenship, unless by their act or omission they are deemed, under the law, to have renounced it. SECTION 5.
Dual allegiance of citizens is inimical to the national interest and shall be dealt with by law.
§ Valles v. COMELE COMELEC C, 337 SCRA 543, Aug. 9, 2000, En Banc [Purisima] [Jus sanguinis principle; renunciation of Philippine citizenship; Application of Res Judicata in citizenship issues] ---- 3. loss and reacquisition of citizenship – art IV, sec 3; CA 63 r.a.no. 8171 Jus sanguinis principle The Philippine law on citizenship adheres to the principle of jus jus sanguinis. sanguinis. Thereunder, a child follows the nationality or citizenship of the parents regardless of the place of his/her birth, as opposed to the doctrine of jus of jus soli which soli which determines nationality or citizenship on the basis of place of birth.
Renunciation of Philippine citizenship The mere fact that private respondent Rosalind Ybasco Lopez was a holder of an Australian passport and had an alien certificate of registration are not acts constituting an effective renunciation of citizenship and do not militate against her claim of Filipino citizenship. For renunciation to effectively result in the loss of citizenship, the same must be express. express . As held held by this this Court Court in the the aforecited aforecited case of Aznar , an application for an alien certificate of registration does not amount to an express renunciation or repudiation of one’s citizenship. citizenship. The application of the herein private respondent for an alien certificate of registration, and her holding of an Australian passport, as in the case of Mercado v. Manzano, were mere acts of assertion of her Australian Australian citizenship before she effectively renounced the same. Thus, at the most, private respondent had dual citizenship – she was an Australian and a Filipino, as well.
Moreover, under Commonwealth Act 63, the fact that a child of Filipino parent/s was born in another country has not been included as a ground for losing one’s Philippine citizenship. Since private respondent did not lose or renounce her Philippine citizenship, petitioner’s claim that respondent must go through the process of repatriation does not hold water.
Application Applic ation of Res Judica Judicata ta in citizens citizenship hip issues issues [c. naturalized citizens] Petitioner is correct insofar as the general rule is concerned, i.e., the principle of res of res judicata generally does not apply in cases hinging on the issue of citizenship. citizenship . However, in the case of of Burca Burca v. Republic (51 SCRA 248 [1973]),, an exception to this general rule was recognized. The Court ruled in that case that in order that the doctrine [1973]) of res of res judicata may be applied in cases of citizenship, the following must be present: 1)
a person’s citizenship be raised as a material issue in a controversy where said person is a party;
2)
the Solicitor General or his authorized representative took active part in the resolution thereof, and
3)
the finding on citizenship is affirmed by this Court.
§ Re: Application for Admission to the Philippine Bar, Vicente D. Ching, Ching , Bar Matter No. 914, Oct. 1, 1999, En Banc [Kapunan] [Failure to elect Philippine citizenship citizenship upon reaching reaching the age of majority] --- [loss and reacquisition of citizenship] Under Article IV, Section 1(3) of the 1935 Constitution, the citizenship of a legitimate child born of a Filipino mother and an alien father followed the citizenship of the father, unless, upon reaching the age of majority, the child elected Philippine citizenship. xxx The phrase “reasonable time” has been interpreted to mean that the election should be made within three (3) years from reaching the age of majority. xxx Philippine citizenship can never be treated like a commodity that can be claimed when needed and suppressed when convenient.. One who is privileged to elect Philippine citizenship has only an inchoate right to such citizenship. As convenient such, he should avail of the right with fervour, enthusiasm and promptitude. § Bengzon, III v. HRET, HRET , G.R. No. 142840, May 7, 2001, En Banc [Kapunan] [Natural-born Philippine citizenship; Effect of Repatriation; Repatriation; Naturalization and Repatriation] --- [loss and reacquisition of citizenship] There are two ways of acquiring citizenship: (1) by birth, and (2) by naturalization. These ways of acquiring citizenship correspond to the two kinds of citizens: the natural-born citizen, and the naturalized citizen. A person who at the time of his birth is a citizen of a particular country, is a natural-born citizen thereof.
As defined defined in the x x x Constitut Constitution, ion, natural-born citizens “are those citizens of the Philippines from birth without
having to perform any act to acquire or perfect his Philippine citizenship.” On the other hand, naturalized citizens are those who have become Filipino citizens through naturalization, generally under Commonwealth Act No. 473, otherwise known as the Revised Naturalization Law, which repealed the former Naturalization Law (Act No. 2927), and by Republic Act No. 530 …xxx To be naturalized , an applicant has to prove that he possesses all the qualifications and none of the disqualifications provided by law to become a Filipino Filipino citizen. The decision granting Philippine Philippine citizenship becomes executory only after two (2) years from its promulgation when the court is satisfied that during the intervening period, the applicant has (1) not left the Philippines; (2) has dedicated himself to a lawful calling or profession; (3) has not been convicted of any offense or violation of government promulgated rules; or (4) committed any act prejudicial to the interest of the nation or contrary to any government announced policies (Section 1, R.A. 530). Filipino citizens who have lost their citizenship may x x x reacquire the same in the manner provided by law. Commonwealth Act No. 63 enumerates the three modes by which Philippine citizenship may be reacquired by a former citizen: (1) by naturalization, (2) by repatriation, and (3) by direct act of Congress. Congress . …xxx
Naturalization is a mode for both acquisition and reacquisition of Philippine citizenship. citizenship . As a mode of initially acquiring Philippine citizenship, naturalization is governed by Commonwealth Act No. No. 473, as amended. On the other hand, naturalization as a mode for reacquiring Philippine citizenship is governed by Commonwealth Act No. 63(An 63(An Act Providing for the Ways in Which Philippine Citizenship May Be Lost or Reacquired [1936]). Under this law, a former Filipino citizen who wishes to reacquire Philippine citizenship must possess certain qualifications and none of the disqualifications mentioned in Section 4 of C.A. 473.
Repatriation,, on the other hand, may be had under various statutes by those who lost their citizenship due to: (1) Repatriation desertion of the armed forces (Section 4, C.A. No. 63); (2) service in the armed forces of the allied forces in World War II (Section 1, Republic Act No. 965 [1953]); (3) service in the Armed Forces of the United States at any other time (Sec. 1, Republic Act No. 2630 [1960]); (4) marriage of a Filipino woman to an alien (Sec. 1, Republic Act No. 8171 [1995]); and (5) political and economic necessity (Ibid). As distinguished from the lengthy process of naturalization, repatriation simply consists of the taking of an oath of allegiance to the Republic of the Philippines and registering said oath in the Local Civil Registry of the place where the person concerned resides or last resided…xxx Moreover, repatriation results in the recovery of the original nationality . nationality . This means that a naturalized Filipino who lost his citizenship will be restored to his prior prior status as a naturalized Filipino citizen. On the other hand, if he was originally a natural-born citizen before he lost his Philippine citizenship, he will be restored to his former status as a
natural-born Filipino. § Angat v. Republic, Republic , G.R. No. 132244, Sept. 14, 1999 [Vitug] [Repatriation under R.A. 8171] R.A. No. 8171, which has lapsed into law on October 23, 1995, is an act providing for the repatriation (a) of Filipino women who have lost their Philippine citizenship by marriage to aliens and (b) of natural-born Filipinos who have lost their Philippine citizenship on account of political or economic necessity. An application application for repatriati repatriation on could could be filed filed with with the Special Committee on Naturalization chaired by the Solicitor General with the Undersecretary of Foreign Affairs and the Director of the National Intelligence Coordinating Agency as the other members. § Mercado v. Manzano, Manzano, 307 SCRA 630, May 26, 1999, 1999 , En Banc [Mendoza] [Dual citizenship and dual allegiance] Dual citizenship arises when, as a result of the concurrent application of the different laws of two or more states, a person is simultaneously considered a national by the said states. For instance, such a situation may arise when when a person whose parents are citizens of a state which adheres to the principle of jus jus sanguinis sanguinis is born in a state which follows the doctrine of jus jus soli. soli. Such a person, ipso facto and without any voluntary act on his part, is concurrently considered a citizen of both states. Dual allegiance, allegiance, on the other hand, refers to a situation in which a person simultaneously owes, by some positive act, loyalty to two or more states. While dual citizenship is involuntary, dual allegiance is the result of an individual’s volition…xxx Hence, the phrase “dual citizenship” in R.A. No. 7160, Section 40(d) (Local Government Code) must be understood as referring to “dual allegiance.” Consequently, persons with mere mere dual citizenship do not fall under this disqualification. disqualification. Unlike those with dual allegiance, who must, x x x, be subject to strict process with respect to the termination of their status, for candidates with dual citizenship, it should suffice if, upon the filing of their certificate of candidacy, they elect Philippine citizenship to terminate their status as persons with dual citizenship considering that their condition is the unavoidable consequence of conflicting laws of different states. Instances when a Philippine citizen may possess dual citizenship: 1-
Those born of parents whose country adopts the the jus jus sanguinis sanguinis principle in fereign countries which follows the jus
soli principle. soli principle. 2-
Those born in the Philippines of Filipino mothers and an alien father, if by the laws of their father’s country such
children are citizens of that country. 3-
Those who marry aliens if by the laws of the latter’s country, the former are considered citizens, unless, by their act
or omission they are deemed to have renounced Philippine citizenship. DOCTRINE OF STATE IMMUNITY FROM SUIT * “ The royal prerogative of dishonesty ”
§ Sec, 3, Art. XVI, 1987 Constitution SECTION 3.
The State may not be sued without its consent.
§ Sec. 2, Art. II, 1987 Constitution SECTION 2. The Philippines renounces war as an instrument of national policy, adopts the generally accepted principles princi ples of interna international tional law as as part of of the law of the land land and and adheres to the policy of peace, equality, justice, freedom, cooperation, and amity with all nations. Basis of the Doctrine of State Immunity Ethical Practical As to a local local state As to a foreign foreign state state "There can be no "Par in parem non The state will be legal right against habet imperium" busy defending the authority that Doctrine of sovereign itself from lawsuits makes the law on equality of all states which the right depends"
RULES AND REGULATIONS IMPLEMENTING REPUBLIC ACT NO. 9139, OTHERWISE KNOWN AS “THE ADMINISTRATIVE NATURALIZATION LAW OF 2000”
Section 1. Special Committee on Naturalization. Section Naturalization . – The Special Committee Committee on Naturalization, Naturalization, hereinafter hereinafter referr referred ed 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. – Section Functions. – Imm Immediately ediately upon the effect effectivity ivity of these Implementing 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 shall be required. In meeting to consider petitions for naturalization, naturalization, however, the presen presence ce of two (2) mem members bers shall constitute a quorum 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 conside considered red and review reviewed ed the minut minutes es 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. St Stri rict ct Cons Co nstr truc ucti tion. on. – application for naturalization.
These
rules
shall
be
strictly
construed
against
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Section 5. Where Filed; Processing Fee. – Fee. – Any person who has has all of the qualificat qualifications ions under under Section Section 3 of the the Act and none of the disqualifications under Section 4 thereof may file a petition for naturalization with the Secretariat of the Committee, Comm ittee, upon the payme payment nt of the processing fee of Forty thousand thousand pesos (P40,000.00). (P40,000.00). Thereafter, Thereafter, the petition shall be stamped to indicate the date of filing and a corresponding docket number. Section 6. Number of Copies of Petition. 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. 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 dec declar laratio ation n spec specify ifying ing in det detail ail tha thatt pet petitio itioner ner possesses possesses all the qualifica qualification tions s 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. Section 8. Accom Accompanying panying Docum Documents. ents. – – The petition for natura naturalization lization shall be accomp accompanied anied by the follow following ing 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 nativeborn 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. Determ Section Determination ination of Suffi Sufficiency ciency of Petit Petition. ion. – Wit Within hin fifteen fifteen (15) days from rec receipt eipt of the petition, petition, the Committee Comm ittee shall determine determine whether the petition is complete complete in form and in substan substance. ce. 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. – Requirements. – If the petition is comp complete, lete, the Comm Committee ittee shall inform petitioner of such fact. Thereafter, the Committee, upon receipt from from the petitioner of the amount necessary to pay for the pub publica lication tion exp expens enses, es, sha shallll imm immedia ediately tely cause the pub publica lication tion of pert pertinen inentt por portion tions s of the pet petitio ition, n, 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” ( “BI” ), ), the civil registrar of the of the petitioner’s place of residence, and the National Bureau of Investigation (“NBI” ( “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 derogat derogatory ory record on file or any such relevant and mater material ial information 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 petitio pet itioner ner’s ’s ide identit ntity, y, the aut authen hentici ticity ty of the pet petitio ition n and its ann annexes exes,, and to dete determ rmine ine the tru truthf thfuln ulness ess 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 information and allow the petitioner to answer, explain or refute the information information under oath in writing within the period prescribed by the Committee.
Section 13. Decisi Decision on of the Comm Committee. ittee. – Aft After er the review of the petition petition or the conduct conduct of the intervie interview, w, 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. Appro 15. Approval val of Petiti Petition; on; Payme Payment nt of Natu Naturalizat ralization ion Fee. 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. Sta Section Status tus of Ali Alien en Wif Wife e and Minor Chi Childr ldren en.. – Af Afte terr the ap appr prov oval al of the pe petit tition ion for ad admi mini nist stra rativ tive e 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. Section 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 Comm Committee ittee may revoke or cancel the Certificate 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 virt ue of his natu naturali ralizati zation on shal shall, l, wit within hin fiv five e (5) yea years rs next fol follow lowing ing the gran grantt of Phi Philip lippin pine e citi citizen zenship ship,, establish establ ish perma permanent nent residence in a foreig foreign n country country,, that individual’s certificate certificate of naturalization naturalization or acquir acquired ed Philippine citizenship shall be revoked: Provided, That the fact of such person’s remaining for more than one (1) year in hi his s cou countr ntry y of or orig igin, in, or tw two o (2) years years in any fo fore reig ign n cou count ntry, ry, shall shall be con consi side dered red 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.
