Citizenship

Acquiring or losing citizenship is done either by birth, nautralization or marriage. If a Filipino marries a foreigner,  he retains his or her citizenship unless the national law of the foreign spouse says otherwise.

Citizenship by birth in the Philippines follows the jus sanguinis rule. Under this rule, the citizenship of the parents determines the citizenship of the child. The Philippines doesn't follow the jus soli rule, where being born in the country makes you a citizen of the country. While dual allegiance isn't allowed, dual citizenship is (to entice former citizens to come back and invest.) The 1987 Constitution provides a list of 4 categories of citizens:

1.) Those who're already citizens when the 1987 Constitution was adopted

2.) Those whose fathers or mothers are Philippine citizens (jus sanguinis)

3.) Those born before January 17, 1973, of Filipino mothers, who elect Philippine citizenship on reaching majority are (the youngest of these are now 38 years old, so this provision no longer applies)

4.) Those who become naturalized

Naturalization

Naturalization is either derivative or direct. Direct naturalization either happens when somebody acquires citizenship through administrative or judicial proceedings, by a law passed by congress making a distinguished foreigner a citizen, or adoption of minor orphans. Derivative citizenship happens when the wife and minor children of the applicant become citizens if the applicant's application is approved.

To apply for judicial naturalization (CA 473,) the following requirements are needed:

1.) Must be at least 21 years old on the day of the hearing of the petition for naturalization

2.) Lived in the Philippines continuously for 10 years (or 5 if he honorably held a government office, established a new industry, introduced a useful invention, married a Filipino, born in the Philippines, taught in a public school or private one that isn't exclusively for a certain nationality or race, or worked in any branch of education or industry for at least 2 years)

3.) Has good moral character; having conducted himself in an irreproachable manner during the time of his stay in the Philippines in his dealing with both the government and the community

4.) Own real estate valued at least Php5,000.00 or practices a lucrative trade, profession or lawful occupation

5.) Can speak English (or Spanish) as well as any of the principal Philippine languages (Visayan, Tagalog, etc.)

6.) Enrolled his minor children in public or private schools recognized by the government where Philippine history, government, etc. are taught

The disqualifications are:

1.) Being a citizen of a country that doesn't grant Filipinos the right to become naturalized citizens of that country

2.) Being a citizen of a country at war with the Philippines (but only during the duration of the war)

3.) Not mingling socially with the local people and don't show any sign of  interest in learning the language, customs and ideals of the Filipinos

4.) Those suffering from mental alienation (read: insanity) or an incurable contagious disease

5.) Those convicted of a crime of moral turpitude (estafa, etc.)

6.) Polygamists/those who believe in polygamy

7.) Those advocating violence for the success of their ideas

8.) Those opposed to organized government or are part of a group opposing all organized governments.

The procedure is as follows:

1.) File a declaration of intention 1 year before filing the petition at the solicitor general's office. The following are exempt from this requirement: those born in the Philippines with qualification no. 2 (in the parentheses,) those who lived in the Philippines for at least 30 years with the same qualifications and the widow/er of the applicant and his/her minor children if the applicant died before he/she is actually naturalized.

2.) File the petition, attaching to it the affidavits of 2 credible persons who personally know the applicant, as character witnesses

3.) Publication of the petition. It's made once a week for 3 consecutive weeks in the Official Gazette and a newspaper of general circulation in the place where the applicant lives. Also, copies of the petition will be posted in the office of the clerk of court. The notice must also have the names of the witnesses. No publication, no application. No late submissions for correction of a flawed petition as well.

4.) The applicant must live in the Philippines during the entire proceedings.

5.) Hearing of the petition

6.) Decision -not final. The 2-year probationary period starts.

7.) Hearing after the probationary period. The applicant must prove that he hasn't left the Philippines, continuously dedicated himself to a lawful trade or profession, hasn't been convicted of any violation of the law and didn't commit an act contrary to the interests of the country and government.

8.) Oath taking and issuance of naturalization certificate.When this happens, the applicant's spouse and minor children also become naturalized.

Denaturalization

Yes, it also happens. But it won't affect the naturalized citizen's family. These are the grounds:

1.) The applicant allowed himself to be a dummy

2.) The minor children didn't graduate due to the parents' fault, either by neglecting to support them or by transferring them to another school.

3.) The petition was made on an invalid declaration of intention

4.) The naturalization certificate was obtained illegally or fraudulently

5.) If, within 5 years he goes back to his native country or goes to another one and sets up residence there. If he stays for 1 year in his native country or 2 years in the other country, that will be considered  prima facie evidence that he was planning to reside there.

Administrative naturalization (RA 9139)

This form of naturalization is for those foreigners who were born and grew up in the Philippines. The disqualifications are the same as in judicial naturalization.The qualifications are:

1.) Must be born and grew up in the Philippines.

2.) At least 18 years old when he filed his petition

3.) Be of good moral character

4.) Studied in a school in the Philippines with the same conditions as no.6 in judicial naturalization, or enrolled his minor children in such a school

5.) Have a lawful trade or occupation (doesn't apply to college graduates who can't find work because of their citizenship)

6.) Can read, speak and write in Pilipino or any of the dialects of the Philippines

7.) Has mingled with Filipinos and proved a desire to embrace Philippine ideals, customs and traditions

Note: in RA 9139, if the applicant is a married man only his legal wife and children will benefit from his naturalization. If the applicant is a married woman, only her minor children will benefit from it. The husband will have to initiate his own naturalization proceedings.

Cancellation

The naturalization certificate will be cancelled if any of the following things happen:

1.) The naturalized person or his duly authorized representative made any false statement or misrepresentation or violated laws, rules and regulations connected to the petition, or that he obtained citizenship fraudulently or illegally

2.) If he went to his native land or another country within 5 years from the issuance of the certificate and set up a permanent residence there, it will be considered prima facie evidence that he intends to reside there permanently

3.) If he allowed himself, his wife or children to be used as dummies

4.) If he, his wife or children commits any act contrary to national security