SC Streamlines Naturalization Process for Refugees and Stateless Persons

Recognizing the Philippines’ commitments under international law, the Supreme Court approved A.M. 21-07-22-SC, or the Rule on Facilitated Naturalization of Refugees and Stateless Persons (the “Rule”).

The Rule aims to simplify and reduce legal and procedural hurdles in obtaining Philippine citizenship to facilitate the assimilation and naturalization of refugees and stateless persons into Philippine society. It governs the procedure for the filing of petitions for naturalization by refugees and stateless persons recognized by the Philippine government. Where applicable, the Rules of Court shall apply suppletorily to the proceedings under this Rule.

A verified petition for naturalization may be filed by the following persons:

1. Individual petitioners who are recognized as refugees or stateless persons.
   
   A refugee is any person who, owing to a well-founded fear of being persecuted for reasons of race, religion, nationality, membership of a particular social group or political opinion, is outside the country of his or her nationality and is unable, or owning to such fear, is unwilling to avail himself or herself of the protection of that country; or who, not having a nationality and being outside the country of his or her former habitual residence as a result of such events, is unable or, owing to such fear, is unwilling to return to it.
   
   A stateless person is a person who is not considered as a national by any State under the operation of its law.
   
2. The Department of Social Welfare and Development, or the appropriate Local Social Welfare and Development Officer, in behalf of an unaccompanied child, or a joint petition involving related unaccompanied children.

A verified petition for naturalization may be filed before the Regional Trial Court in which the petitioner has resided at least one (1) year preceding the filing of the petition. The verified petition shall allege the following:

1. Personal circumstances of the petitioner.
2. The petitioner has met the minimum age requirement pursuant to the relevant law on naturalization on the day of the hearing of the petition
3. That the petitioner has resided in the Philippines for a continuous period of not less than ten (10) years, or for a reduced period of five (5) years, when any of the special circumstances are present:
   1. Petitioner has established a new industry or introduced a useful invention in the Philippines;
   2. Petitioner is married to a Filipino;
   3. Petitioner has been/is 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
   4. Petitioner was born in the Philippines.
4. The petitioner is of good moral character and believes in the principles underlying the Philippine Constitution and has conducted himself or herself in a proper and irreproachable manner during the entire period of his or her residence in the Philippines in his or her relation with the constituted government as well as with the community in which he or she is living.
5. The petitioner owns real estate in the Philippines, or any interest therein, or must have some known trade, profession, or occupation.
6. The petitioner is able to speak and write in any one of the principal Philippine languages unless he or she suffers from any disability that hampers his or her ability to speak or write.
7. The petitioner has enrolled his or her minor children of school age, in any of the public or private schools recognized by the appropriate government agency, where Philippine history, government, and civics are taught or prescribed as part of the school curriculum, during the entire required period of residence in the Philippines prior to the hearing of the petition.
8. The petitioner has duly filed with the Office of the Solicitor General, at least one (1) year prior to the filing of his or her petition for naturalization, a declaration under oath that it is his or her bona fide intention to become a citizen of the Philippines.
9. Statement that the petitioner does not possess any of the following disqualifications:
   1. He/she is opposed to organized government or affiliated with any association or group of persons who uphold and teach doctrines opposing all organized governments;
   2. He/she defends or teaches the necessity or propriety of violence, personal assault, or assassination for the success and predominance of their ideas;
   3. He/she is a polygamist or believes in the practice of polygamy;
   4. He/she is convicted of any crime involving moral turpitude;
   5. He/she suffers from mental alienation or incurable contagious diseases;
   6. He/she, during the period of 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;
   7. He/she is not a citizen or subject of nations with which the Philippines is ay war, during the period of such war.
   It must be noted that these disqualifications shall not be construed in a manner as to discriminate the petitioner on account of the petitioner’s religion, culture, political opinion, physical, or mental condition.

The petition may pray for a change of name, including that of the petitioner’s spouse or child/children, who are impleaded in the petition upon compliance with the requisites under Rule 103 (Change of Name) of the Rules of Court, or seek other just and equitable reliefs.

In resolving the petition, the court shall consider the totality of evidence presented to determine whether the petitioner has all the qualifications and none of the disqualifications specified by law, with due consideration of the petitioner’s cooperation throughout the naturalization procedure.

The decision shall be rendered within ninety (90) calendar days from the date the petition is deemed submitted for decision. Should the petition be granted, it shall become final after thirty (30) calendar days from receipt thereof by the parties without an appeal or motion for reconsideration being filed.

However, the decision shall become executory only after two (2) years from its rendition and, after the court, on proper hearing, with the attendance of the Solicitor General or his or her representative, is satisfied and so finds that during the intervening time, the petitioner:

1. Did not leave the Philippines without authority from the court;
2. Dedicated himself or herself continuously to a lawful calling or profession;
3. Has not been convicted of any offense or violation of government-promulgated rules; or
4. Has not committed any act prejudicial to the interest of the nation or contrary to any government-announced policies.

The order finding compliance with the foregoing requirements may not be subject to appeal or review by petition for certiorari under Rule 65 of the Rules of Court, without prejudice to the institution of denaturalization proceedings under relevant laws.The full text of the Rule may be accessed here.