Did you know that you can become a Filipino citizen by residing in the country? Citizenship is not just about having it in blood but by heart. It marks the reciprocal relationship between you and the country. However, other than your desire to become a Filipino citizen, you must meet its qualifications. 

Becoming a Filipino citizen has a legal process to be followed aside from that, you must renounce your foreign citizenship to become a naturalized Filipino. In this guide, we’ll explore the qualifications and naturalization, and the benefits of being a Filipino citizen. 

What are the Qualifications for Philippine Citizenship by Naturalization?

philippine flag

Under Section 1 Article 4 of the 1987 Constitution, naturalized individuals are considered citizens of the Philippines. To become a naturalized Filipino citizen, you must meet the following qualifications, pursuant to Section 2 of Commonwealth Act No. 473:

  • Not below twenty-one (21) years old on the day of the hearing of the petition;
  • Resident of the Philippines for a continuous period of not less than ten (10) years;
  • Have a good character and believes in principles underlying the Philippine Constitution, and have conducted in a proper and irreproachable manner during the entire period of residence in the country in the relation with the constituted government as well as with the community in which he is living;
  • Own a real estate in the country worth not less than Php 5,000.00, or have lucrative trade, profession or lawful occupation in the country;
  • Able to speak and write English or Spanish and any of the principal Philippine languages; and 
  • Have enrolled your minor child/children in any of the public schools or private schools recognized by the Office of Private Education 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 prior to the hearing of your petition for naturalization as Philippine citizen.  

Why Am I Disqualified for Philippine Citizenship by Naturalization?

According to Section 4 of Commonwealth Act No. 473, you may be disqualified from becoming naturalized Filipino citizen if you:

  • Opposed to organized government or affiliated with any association or group of persons who uphold and teach doctrines opposing all organized governments;
  • Defends or teaches the necessity of propriety of violence, personal assault or assassination for the success and predominance of their ideas;
  • Part of polygamists or believers in the practice of polygamy;
  • Convicted a crime involving moral turpitude;
  • Suffers from mental alienation or incurable contagious disease; 
  • During the period of the 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; 
  • Citizen of a nation with whom the United States and the Philippines are at war, during the period of such war; and
  • Citizens or subjects of a foreign country other than the United States whose laws do not grant Filipinos the right to become naturalized citizens or subject thereof. 

How to Become a Filipino Citizen by Judicial Naturalization?

application process

Pursuant to Commonwealth Act No. 473, you must follow these procedures to become a Filipino citizen by judicial naturalization:

  • Consult with a Lawyer. A Philippine citizenship through judicial naturalization can be complex since it involves court procedures. In this case, consulting with a lawyer is necessary to be guided.
  • Identify the Qualifications. It is important to assess if you are qualified for naturalization before processing your petition. A lawyer can help you identify these qualifications and offer solutions in case problems arise. 
  • Declaration of Intention. One year prior to the filing of the petition for Philippine citizenship, you must file a declaration under oath with the Office of the Solicitor General stating his intention to become a Filipino citizen. 
  • Petition for Citizenship. You should file three (3) copies of the petition accompanied by your two (2) photographs and complete required information with the competent court. Sign the petition and be supported by the affidavit of at least two (2) credible persons. The petition should set forth the names and post-office addresses of your witnesses at the hearing of your case. Note that the certificate of arrival and the declaration of intention must be made part of the petition. 
  • Competent Court. The Regional Trial Court of the province in which the petitioner has resided at least a year immediately preceding the filing of the petition should have exclusive original jurisdiction to hear the petition.
  • Notification and Appearance. When the petition has been received, the Clerk of Court will publish your petition once a week for three (3) weeks in a newspaper where you reside. The Clerk will also forward copies of your petition, the sentence, the naturalization certificate, and other pertinent documents to the Department of the Foreign Affairs,  the Bureau of Immigration, the Office of the Solicitor General, and National Bureau of Investigation.
  • Attend Court Hearing. No petition must be heard within the thirty (30) days preceding any election. If the court believes that you have all the qualifications required by and complied with all requisites, the naturalization certificate must be issued and registered in the proper Civil Registry.
  • Appeal. At the instance of either of the parties, the final sentence may be appealed to the higher Court.
  • Issuance of the Certificate of Naturalization. After the lapse of the thirty (30) days from and after the date on which the parties were notified of the decision of the Court, no appeal has been filed, or if upon appeal, the decision of the Court has been confirmed by the Supreme Court, and the said decision has become final, the Clerk of the Court which heard the Petition should issue to the Petitioner a naturalization certificate.

What Should be Included in the Declaration of Intention?

The declaration of intention should include your name, age, occupation, personal description, place of birth, last foreign residence and allegiance, date of arrival, name of the vessel or aircraft in which you came to the Philippines (if applicable), and place of residence in the country at the time of making the declaration. 

Additionally, you must state in the declaration if you have enrolled your minor child/children of a school age in any of the public schools or private schools recognized by the Office of Private Education of the Philippines, where Philippine history, government, and civics are a part of the school curriculum. Note that your child/children must be enrolled in the school you mentioned in the declaration during the entire period of your residence in the country.

Can My Required Residency in the Philippines Be Lessen?

The applicants for naturalization are required to reside continuously in the Philippines for ten (10) years. However, this residency requirement may be reduced to five (5) years if you have 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 (2) years; or
  • Having been born in the Philippines. 

Can My Foreign Spouse Also Become a Filipino Citizen?

spouse

Yes, your foreign spouse can also become a Filipino citizen by naturalization if he/she possesses the qualifications mentioned under Section 2 of Commonwealth Act No. 473.

What are the Rights of Filipino Citizens through Naturalization?

Upon acquiring Philippine citizenship through judicial naturalization, you will regain the following rights:

  • Right to Vote. You can exercise your right to vote in Philippine national and local elections, provided that you meet the legal age requirement, which is eighteen (18) years old.
  • Right to Own Property. You can own both residential and commercial property in the Philippines. However, there are certain limitations on the size of the property you can own, depending on the location and intended use. For personal use, you are allowed to own up to 1,000 square meters of land in urban areas and up to 1 hectare in rural areas. For investment purposes, you are allowed to buy up to 5,000 square meters in urban areas and up to 3 hectares in rural areas. 
  • Right to Travel. As a naturalized Filipino citizen, you are entitled to a Philippine passport, allowing you to visit visa-free countries for Filipino citizens.
  • Right to Practice a Profession. You can pursue a professional career in the Philippines as a naturalized citizen. This includes taking the board exams and obtaining a license or permit from the Professional Regulatory Commission (PRC) or from the Supreme Court if you are a lawyer. 
  • Right to Engage in Business and Commerce. You have the right to engage in business and commerce in the Philippines, allowing you to start a company, invest in existing businesses, or participate in various commercial activities. This opens up opportunities to contribute to the country’s economy, create jobs, and pursue your entrepreneurial ambitions.

To sum it up, you have to enjoy the same rights and privileges as Filipino citizens. 

Need further information and assistance regarding Filipino Citizenship by Naturalization? Talk to our team at Duran & Duran-Schulze Law in Bonifacio Global City, Taguig, Philippines to know more about the requirements and process. Call us today at (+632) 8478 5826 or +63 917 194 0482, or send an email to info@duranschulze.com for more information.

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