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Republic Act No. 9225 August 29, 2003: 1 - Conflict of Laws Midterm1

This document summarizes key provisions of the 1987 Constitution of the Philippines relating to the legislative branch of government, known as the Congress of the Philippines. It outlines the composition of the Senate and House of Representatives, qualifications for senators and representatives, terms of office, salaries, privileges and immunities of legislators, conflicts of interest, and prohibitions on holding other offices.
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0% found this document useful (0 votes)
70 views15 pages

Republic Act No. 9225 August 29, 2003: 1 - Conflict of Laws Midterm1

This document summarizes key provisions of the 1987 Constitution of the Philippines relating to the legislative branch of government, known as the Congress of the Philippines. It outlines the composition of the Senate and House of Representatives, qualifications for senators and representatives, terms of office, salaries, privileges and immunities of legislators, conflicts of interest, and prohibitions on holding other offices.
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
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Republic Act No.

9225

August 29, 2003

AN ACT MAKING THE CITIZENSHIP OF PHILIPPINE CITIZENS WHO ACQUIRE


FOREIGN CITIZENSHIP PERMANENT.
AMENDING FOR THE PURPOSE COMMONWEALTH ACT. NO. 63, AS AMENDED AND
FOR OTHER PURPOSES

Be it enacted by the Senate and House of Representatives of the Philippines in


Congress assembled:

Section 1. Short Title this act shall be known as the "Citizenship Retention and
Re-acquisition Act of 2003."

Section 2. Declaration of Policy - It is hereby declared the policy of the State that
all Philippine citizens of another country shall be deemed not to have lost their
Philippine citizenship under the conditions of this Act.

Section 3. Retention of Philippine Citizenship - Any provision of law to the contrary


notwithstanding, natural-born citizenship by reason of their naturalization as
citizens of a foreign country are hereby deemed to have re-acquired Philippine
citizenship upon taking the following oath of allegiance to the Republic:

"I _____________________, solemny swear (or affrim) that I will support and defend
the Constitution of the Republic of the Philippines and obey the laws and legal
orders promulgated by the duly constituted authorities of the Philippines; and I
hereby declare that I recognize and accept the supreme authority of the
Philippines and will maintain true faith and allegiance thereto; and that I imposed

1 | CONFLICT OF LAWS MIDTERM1

this obligation upon myself voluntarily without mental reservation or purpose of


evasion."

Natural born citizens of the Philippines who, after the effectivity of this Act,
become citizens of a foreign country shall retain their Philippine citizenship upon
taking the aforesaid oath.

Section 4. Derivative Citizenship - The unmarried child, whether legitimate,


illegitimate or adopted, below eighteen (18) years of age, of those who re-acquire
Philippine citizenship upon effectivity of this Act shall be deemed citizenship of
the Philippines.

Section 5. Civil and Political Rights and Liabilities - Those who retain or re-acquire
Philippine citizenship under this Act shall enjoy full civil and political rights and be
subject to all attendant liabilities and responsibilities under existing laws of the
Philippines and the following conditions:

(1) Those intending to exercise their right of surffrage must Meet the
requirements under Section 1, Article V of the Constitution, Republic Act No. 9189,
otherwise known as "The Overseas Absentee Voting Act of 2003" and other
existing laws;

(2) Those seeking elective public in the Philippines shall meet the qualification for
holding such public office as required by the Constitution and existing laws and,
at the time of the filing of the certificate of candidacy, make a personal and sworn
renunciation of any and all foreign citizenship before any public officer authorized
to administer an oath;

(3) Those appointed to any public office shall subscribe and swear to an oath of
allegiance to the Republic of the Philippines and its duly constituted authorities
prior to their assumption of office: Provided, That they renounce their oath of
allegiance to the country where they took that oath;

(4) Those intending to practice their profession in the Philippines shall apply with
the proper authority for a license or permit to engage in such practice; and

(5) That right to vote or be elected or appointed to any public office in the
Philippines cannot be exercised by, or extended to, those who:

(a) are candidates for or are occupying any public office in the country of which
they are naturalized citizens; and/or

(b) are in active service as commissioned or non-commissioned officers in the


armed forces of the country which they are naturalized citizens.

Section 6. Separability Clause - If any section or provision of this Act is held


unconstitutional or invalid, any other section or provision not affected thereby
shall remain valid and effective.

Section 7. Repealing Clause - All laws, decrees, orders, rules and regulations
inconsistent with the provisions of this Act are hereby repealed or modified
accordingly.

Section 8. Effectivity Clause This Act shall take effect after fifteen (15) days
following its publication in the Official Gazette or two (2) newspaper of general
circulation.

2 | CONFLICT OF LAWS MIDTERM1

years of age, able to read and write, a registered voter, and a resident of
the Philippines for not less than two years immediately preceding the day
of the election.

Section 4. The term of office of the Senators shall be six years and shall
commence, unless otherwise provided by law, at noon on the thirtieth day
of June next following their election. No Senator shall serve for more than
two consecutive terms. Voluntary renunciation of the office for any length
of time shall not be considered as an interruption in the continuity of his
service for the full term of which he was elected.

1987 CONSTITUTION OF THE REPUBLIC OF THE PHILIPPINES

Section 5.

ARTICLE VI
THE LEGISLATIVE DEPARTMENT

Section 1. The legislative power shall be vested in the Congress of the


Philippines which shall consist of a Senate and a House of
Representatives, except to the extent reserved to the people by the
provision on initiative and referendum.

Section 2. The Senate shall be composed of twenty-four Senators who


shall be elected at large by the qualified voters of the Philippines, as may
be provided by law.

Section 3. No person shall be a Senator unless he is a natural-born citizen


of the Philippines and, on the day of the election, is at least thirty-five
3 | CONFLICT OF LAWS MIDTERM1

The House of Representatives shall be composed of not more than two


hundred and fifty members, unless otherwise fixed by law, who shall be
elected from legislative districts apportioned among the provinces, cities,
and the Metropolitan Manila area in accordance with the number of their
respective inhabitants, and on the basis of a uniform and progressive
ratio, and those who, as provided by law, shall be elected through a partylist system of registered national, regional, and sectoral parties or
organizations.

The party-list representatives shall constitute twenty per centum of the


total number of representatives including those under the party list. For
three consecutive terms after the ratification of this Constitution, one-half
of the seats allocated to party-list representatives shall be filled, as
provided by law, by selection or election from the labor, peasant, urban
poor, indigenous cultural communities, women, youth, and such other
sectors as may be provided by law, except the religious sector.

Each legislative district shall comprise, as far as practicable, contiguous,


compact, and adjacent territory. Each city with a population of at least two
hundred fifty thousand, or each province, shall have at least one
representative.

Section 9. In case of vacancy in the Senate or in the House of


Representatives, a special election may be called to fill such vacancy in
the manner prescribed by law, but the Senator or Member of the House of
Representatives thus elected shall serve only for the unexpired term.

Within three years following the return of every census, the Congress shall
make a reapportionment of legislative districts based on the standards
provided in this section.

Section 10. The salaries of Senators and Members of the House of


Representatives shall be determined by law. No increase in said
compensation shall take effect until after the expiration of the full term of
all the Members of the Senate and the House of Representatives
approving such increase.

Section 6. No person shall be a Member of the House of Representatives


unless he is a natural-born citizen of the Philippines and, on the day of the
election, is at least twenty-five years of age, able to read and write, and,
except the party-list representatives, a registered voter in the district in
which he shall be elected, and a resident thereof for a period of not less
than one year immediately preceding the day of the election.

Section 11. A Senator or Member of the House of Representatives shall, in


all offenses punishable by not more than six years imprisonment, be
privileged from arrest while the Congress is in session. No Member shall
be questioned nor be held liable in any other place for any speech or
debate in the Congress or in any committee thereof.

Section 7. The Members of the House of Representatives shall be elected


for a term of three years which shall begin, unless otherwise provided by
law, at noon on the thirtieth day of June next following their election. No
Member of the House of Representatives shall serve for more than three
consecutive terms. Voluntary renunciation of the office for any length of
time shall not be considered as an interruption in the continuity of his
service for the full term for which he was elected.

Section 12. All Members of the Senate and the House of Representatives
shall, upon assumption of office, make a full disclosure of their financial
and business interests. They shall notify the House concerned of a
potential conflict of interest that may arise from the filing of a proposed
legislation of which they are authors.

Section 8. Unless otherwise provided by law, the regular election of the


Senators and the Members of the House of Representatives shall be held
on the second Monday of May.

Section 13. No Senator or Member of the House of Representatives may


hold any other office or employment in the Government, or any
subdivision, agency, or instrumentality thereof, including governmentowned or controlled corporations or their subsidiaries, during his term
without forfeiting his seat. Neither shall he be appointed to any office

4 | CONFLICT OF LAWS MIDTERM1

which may have been created or the emoluments thereof increased


during the term for which he was elected.

Section 14. No Senator or Member of the House of Representatives may


personally appear as counsel before any court of justice or before the
Electoral Tribunals, or quasi-judicial and other administrative bodies.
Neither shall he, directly or indirectly, be interested financially in any
contract with, or in any franchise or special privilege granted by the
Government, or any subdivision, agency, or instrumentality thereof,
including any government-owned or controlled corporation, or its
subsidiary, during his term of office. He shall not intervene in any matter
before any office of the Government for his pecuniary benefit or where he
may be called upon to act on account of his office.

Section 15. The Congress shall convene once every year on the fourth
Monday of July for its regular session, unless a different date is fixed by
law, and shall continue to be in session for such number of days as it may
determine until thirty days before the opening of its next regular session,
exclusive of Saturdays, Sundays, and legal holidays. The President may
call a special session at any time.

Section 16.

The Senate shall elect its President and the House of Representatives, its
Speaker, by a majority vote of all its respective Members. Each House
shall choose such other officers as it may deem necessary.

5 | CONFLICT OF LAWS MIDTERM1

A majority of each House shall constitute a quorum to do business, but a


smaller number may adjourn from day to day and may compel the
attendance of absent Members in such manner, and under such penalties,
as such House may provide.

Each House may determine the rules of its proceedings, punish its
Members for disorderly behavior, and, with the concurrence of two-thirds
of all its Members, suspend or expel a Member. A penalty of suspension,
when imposed, shall not exceed sixty days.

Each House shall keep a Journal of its proceedings, and from time to time
publish the same, excepting such parts as may, in its judgment, affect
national security; and the yeas and nays on any question shall, at the
request of one-fifth of the Members present, be entered in the Journal.
Each House shall also keep a Record of its proceedings.

Neither House during the sessions of the Congress shall, without the
consent of the other, adjourn for more than three days, nor to any other
place than that in which the two Houses shall be sitting.

Section 17. The Senate and the House of Representatives shall each have
an Electoral Tribunal which shall be the sole judge of all contests relating
to the election, returns, and qualifications of their respective Members.
Each Electoral Tribunal shall be composed of nine Members, three of
whom shall be Justices of the Supreme Court to be designated by the
Chief Justice, and the remaining six shall be Members of the Senate or the
House of Representatives, as the case may be, who shall be chosen on the
basis of proportional representation from the political parties and the

parties or organizations registered under the party-list system represented


therein. The senior Justice in the Electoral Tribunal shall be its Chairman.

accordance with its duly published rules of procedure. The rights of


persons appearing in, or affected by, such inquiries shall be respected.

Section 18. There shall be a Commission on Appointments consisting of


the President of the Senate, as ex officio Chairman, twelve Senators, and
twelve Members of the House of Representatives, elected by each House
on the basis of proportional representation from the political parties and
parties or organizations registered under the party-list system represented
therein. The chairman of the Commission shall not vote, except in case of
a tie. The Commission shall act on all appointments submitted to it within
thirty session days of the Congress from their submission. The
Commission shall rule by a majority vote of all the Members.

Section 22. The heads of departments may, upon their own initiative, with
the consent of the President, or upon the request of either House, as the
rules of each House shall provide, appear before and be heard by such
House on any matter pertaining to their departments. Written questions
shall be submitted to the President of the Senate or the Speaker of the
House of Representatives at least three days before their scheduled
appearance. Interpellations shall not be limited to written questions, but
may cover matters related thereto. When the security of the State or the
public interest so requires and the President so states in writing, the
appearance shall be conducted in executive session.

Section 19. The Electoral Tribunals and the Commission on Appointments


shall be constituted within thirty days after the Senate and the House of
Representatives shall have been organized with the election of the
President and the Speaker. The Commission on Appointments shall meet
only while the Congress is in session, at the call of its Chairman or a
majority of all its Members, to discharge such powers and functions as are
herein conferred upon it.

Section 20. The records and books of accounts of the Congress shall be
preserved and be open to the public in accordance with law, and such
books shall be audited by the Commission on Audit which shall publish
annually an itemized list of amounts paid to and expenses for each
Member.

Section 21. The Senate or the House of Representatives or any of its


respective committees may conduct inquiries in aid of legislation in
6 | CONFLICT OF LAWS MIDTERM1

Section 23.

The Congress, by a vote of two-thirds of both Houses in joint session


assembled, voting separately, shall have the sole power to declare the
existence of a state of war.

In times of war or other national emergency, the Congress may, by law,


authorize the President, for a limited period and subject to such
restrictions as it may prescribe, to exercise powers necessary and proper
to carry out a declared national policy. Unless sooner withdrawn by
resolution of the Congress, such powers shall cease upon the next
adjournment thereof.

Section 24. All appropriation, revenue or tariff bills, bills authorizing


increase of the public debt, bills of local application, and private bills, shall
originate exclusively in the House of Representatives, but the Senate may
propose or concur with amendments.

No law shall be passed authorizing any transfer of appropriations;


however, the President, the President of the Senate, the Speaker of the
House of Representatives, the Chief Justice of the Supreme Court, and the
heads of Constitutional Commissions may, by law, be authorized to
augment any item in the general appropriations law for their respective
offices from savings in other items of their respective appropriations.

Section 25.

The Congress may not increase the appropriations recommended by the


President for the operation of the Government as specified in the budget.
The form, content, and manner of preparation of the budget shall be
prescribed by law.

No provision or enactment shall be embraced in the general


appropriations bill unless it relates specifically to some particular
appropriation therein. Any such provision or enactment shall be limited in
its operation to the appropriation to which it relates.

Discretionary funds appropriated for particular officials shall be disbursed


only for public purposes to be supported by appropriate vouchers and
subject to such guidelines as may be prescribed by law.

If, by the end of any fiscal year, the Congress shall have failed to pass the
general appropriations bill for the ensuing fiscal year, the general
appropriations law for the preceding fiscal year shall be deemed reenacted and shall remain in force and effect until the general
appropriations bill is passed by the Congress.

Section 26.
The procedure in approving appropriations for the Congress shall strictly
follow the procedure for approving appropriations for other departments
and agencies.

A special appropriations bill shall specify the purpose for which it is


intended, and shall be supported by funds actually available as certified
by the National Treasurer, or to be raised by a corresponding revenue
proposal therein.

7 | CONFLICT OF LAWS MIDTERM1

Every bill passed by the Congress shall embrace only one subject which
shall be expressed in the title thereof.

No bill passed by either House shall become a law unless it has passed
three readings on separate days, and printed copies thereof in its final
form have been distributed to its Members three days before its passage,
except when the President certifies to the necessity of its immediate
enactment to meet a public calamity or emergency. Upon the last reading
of a bill, no amendment thereto shall be allowed, and the vote thereon

shall be taken immediately thereafter, and the yeas and nays entered in
the Journal.

Section 27.

Every bill passed by the Congress shall, before it becomes a law, be


presented to the President. If he approves the same he shall sign it;
otherwise, he shall veto it and return the same with his objections to the
House where it originated, which shall enter the objections at large in its
Journal and proceed to reconsider it. If, after such reconsideration, twothirds of all the Members of such House shall agree to pass the bill, it shall
be sent, together with the objections, to the other House by which it shall
likewise be reconsidered, and if approved by two-thirds of all the Members
of that House, it shall become a law. In all such cases, the votes of each
House shall be determined by yeas or nays, and the names of the
Members voting for or against shall be entered in its Journal. The President
shall communicate his veto of any bill to the House where it originated
within thirty days after the date of receipt thereof, otherwise, it shall
become a law as if he had signed it.

The President shall have the power to veto any particular item or items in
an appropriation, revenue, or tariff bill, but the veto shall not affect the
item or items to which he does not object.

Section 28.

The rule of taxation shall be uniform and equitable. The Congress shall
evolve a progressive system of taxation.
8 | CONFLICT OF LAWS MIDTERM1

The Congress may, by law, authorize the President to fix within specified
limits, and subject to such limitations and restrictions as it may impose,
tariff rates, import and export quotas, tonnage and wharfage dues, and
other duties or imposts within the framework of the national development
program of the Government.

Charitable institutions, churches and personages or convents appurtenant


thereto, mosques, non-profit cemeteries, and all lands, buildings, and
improvements, actually, directly, and exclusively used for religious,
charitable, or educational purposes shall be exempt from taxation.

No law granting any tax exemption shall be passed without the


concurrence of a majority of all the Members of the Congress.

Section 29.

No money shall be paid out of the Treasury except in pursuance of an


appropriation made by law.

No public money or property shall be appropriated, applied, paid, or


employed, directly or indirectly, for the use, benefit, or support of any
sect, church, denomination, sectarian institution, or system of religion, or
of any priest, preacher, minister, other religious teacher, or dignitary as
such, except when such priest, preacher, minister, or dignitary is assigned
to the armed forces, or to any penal institution, or government orphanage
or leprosarium.

All money collected on any tax levied for a special purpose shall be
treated as a special fund and paid out for such purpose only. If the
purpose for which a special fund was created has been fulfilled or
abandoned, the balance, if any, shall be transferred to the general funds
of the Government.

Section 30. No law shall be passed increasing the appellate jurisdiction of


the Supreme Court as provided in this Constitution without its advice and
concurrence.

Section 31. No law granting a title of royalty or nobility shall be enacted.

Section 32. The Congress shall, as early as possible, provide for a system
of initiative and referendum, and the exceptions therefrom, whereby the
people can directly propose and enact laws or approve or reject any act or
law or part thereof passed by the Congress or local legislative body after
the registration of a petition therefor signed by at least ten per centum of
the total number of registered voters, of which every legislative district
must be represented by at least three per centum of the registered voters
thereof.

COMMONWEALTH ACT No. 473

9 | CONFLICT OF LAWS MIDTERM1

AN ACT TO PROVIDE FOR THE ACQUISITION OF PHILIPPINE


CITIZENSHIP BY NATURALIZATION, AND TO REPEAL ACTS
NUMBERED TWENTY-NINE HUNDRED AND TWENTY-SEVEN AND
THIRTY-FOUR HUNDRED AND FORTY-EIGHT.

Be it enacted by the National Assembly of the Philippines:

Section 1. Title of Act. This Act shall be known and may be cited as the
"Revised Naturalization Law."

Section 2. Qualifications. Subject to section four of this Act, any person


having the following qualifications may become a citizen of the Philippines
by naturalization:

First. He must be not less than twenty-one years of age on the day of the
hearing of the petition;

Second. He must have resided in the Philippines for a continuous period of


not less than ten years;

Third. He must be of good moral character and believes in the principles


underlying the Philippine Constitution, and must have conducted himself
in a proper and irreproachable manner during the entire period of his
residence in the Philippines in his relation with the constituted
government as well as with the community in which he is living.

10 | CONFLICT OF LAWS MIDTERM1

Fourth. He must own real estate in the Philippines worth not less than five
thousand pesos, Philippine currency, or must have some known lucrative
trade, profession, or lawful occupation;

Fifth. He must be able to speak and write English or Spanish and any one
of the principal Philippine languages; and

Sixth. He must have enrolled his minor children of school age, in any of
the public schools or private schools recognized by the Office of Private
Education1 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 of him prior
to the hearing of his petition for naturalization as Philippine citizen.

Section 3. Special qualifications. The ten years of continuous residence


required under the second condition of the last preceding section shall be
understood as reduced to five years for any petitioner having 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;

Persons suffering from mental alienation or incurable contagious diseases;

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 years;

Persons who, during the period of their 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;

Having been born in the Philippines.

Citizens or subjects of nations with whom the United States 2and the
Philippines are at war, during the period of such war;

Section 4. Who are disqualified. - The following cannot be naturalized as


Philippine citizens:

Persons opposed to organized government or affiliated with any


association or group of persons who uphold and teach doctrines opposing
all organized governments;

Persons defending or teaching the necessity or propriety of violence,


personal assault, or assassination for the success and predominance of
their ideas;

Polygamists or believers in the practice of polygamy;

Persons convicted of crimes involving moral turpitude;

11 | CONFLICT OF LAWS MIDTERM1

Citizens or subjects of a foreign country other than the United States


3whose laws do not grant Filipinos the right to become naturalized citizens
or subjects thereof.

Section 5. Declaration of intention. One year prior to the filing of his


petition for admission to Philippine citizenship, the applicant for Philippine
citizenship shall file with the Bureau of Justice4 a declaration under oath
that it is bona fide his intention to become a citizen of the Philippines.
Such declaration shall set forth name, age, occupation, personal
description, place of birth, last foreign residence and allegiance, the date
of arrival, the name of the vessel or aircraft, if any, in which he came to
the Philippines, and the place of residence in the Philippines at the time of
making the declaration. No declaration shall be valid until lawful entry for
permanent residence has been established and a certificate showing the
date, place, and manner of his arrival has been issued. The declarant
must also state that he has enrolled his minor children, if any, in any of
the public schools or private schools recognized by the Office of Private
Education5 of the Philippines, where 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 of him prior to


the hearing of his petition for naturalization as Philippine citizen. Each
declarant must furnish two photographs of himself.

Section 6. Persons exempt from requirement to make a declaration of


intention. Persons born in the Philippines and have received their
primary and secondary education in public schools or those recognized by
the Government and not limited to any race or nationality, and those who
have resided continuously in the Philippines for a period of thirty years or
more before filing their application, may be naturalized without having to
make a declaration of intention upon complying with the other
requirements of this Act. To such requirements shall be added that which
establishes that the applicant has given primary and secondary education
to all his children in the public schools or in private schools recognized by
the Government and not limited to any race or nationality. The same shall
be understood applicable with respect to the widow and minor children of
an alien who has declared his intention to become a citizen of the
Philippines, and dies before he is actually naturalized.6

Section 7. Petition for citizenship. Any person desiring to acquire


Philippine citizenship shall file with the competent court, a petition in
triplicate, accompanied by two photographs of the petitioner, setting forth
his name and surname; his present and former places of residence; his
occupation; the place and date of his birth; whether single or married and
the father of children, the name, age, birthplace and residence of the wife
and of each of the children; the approximate date of his or her arrival in
the Philippines, the name of the port of debarkation, and, if he remembers
it, the name of the ship on which he came; a declaration that he has the
qualifications required by this Act, specifying the same, and that he is not
disqualified for naturalization under the provisions of this Act; that he has
complied with the requirements of section five of this Act; and that he will
reside continuously in the Philippines from the date of the filing of the
12 | CONFLICT OF LAWS MIDTERM1

petition up to the time of his admission to Philippine citizenship. The


petition must be signed by the applicant in his own handwriting and be
supported by the affidavit of at least two credible persons, stating that
they are citizens of the Philippines and personally know the petitioner to
be a resident of the Philippines for the period of time required by this Act
and a person of good repute and morally irreproachable, and that said
petitioner has in their opinion all the qualifications necessary to become a
citizen of the Philippines and is not in any way disqualified under the
provisions of this Act. The petition shall also set forth the names and postoffice addresses of such witnesses as the petitioner may desire to
introduce at the hearing of the case. The certificate of arrival, and the
declaration of intention must be made part of the petition.

Section 8. Competent court.The Court of First Instance of the province in


which the petitioner has resided at least one year immediately preceding
the filing of the petition shall have exclusive original jurisdiction to hear
the petition.

Section 9. Notification and appearance.Immediately upon the filing of a


petition, it shall be the duty of the clerk of the court to publish the same at
petitioner's expense, once a week for three consecutive weeks, in the
Official Gazette, and in one of the newspapers of general circulation in the
province where the petitioner resides, and to have copies of said petition
and a general notice of the hearing posted in a public and conspicuous
place in his office or in the building where said office is located, setting
forth in such notice the name, birthplace and residence of the petitioner,
the date and place of his arrival in the Philippines, the names of the
witnesses whom the petitioner proposes to introduce in support of his
petition, and the date of the hearing of the petition, which hearing shall
not be held within ninety days from the date of the last publication of the
notice. The clerk shall, as soon as possible, forward copies of the petition,
the sentence, the naturalization certificate, and other pertinent data to

the Department of the Interior, 7 the Bureau of Justice,8 the Provincial


Inspector9 of the Philippine Constabulary of the province and the justice of
the peace10 of the municipality wherein the petitioner resides.

granting the petition, and the name of the judge who rendered the
decision. A photograph of the petitioner with the dry seal affixed thereto
of the court which granted the petition, must be affixed to the certificate.

Section 10. Hearing of the petition.No petition shall be heard within the
thirty days preceding any election. The hearing shall be public, and the
Solicitor-General, either himself or through his delegate or the provincial
fiscal concerned, shall appear on behalf of the Commonwealth11 of the
Philippines at all the proceedings and at the hearing. If, after the hearing,
the court believes, in view of the evidence taken, that the petitioner has
all the qualifications required by, and none of the disqualifications
specified in this Act and has complied with all requisites herein
established, it shall order the proper naturalization certificate to be issued
and the registration of the said naturalization certificate in the proper civil
registry as required in section ten of Act Numbered Three thousand seven
hundred and fifty-three.12

Before the naturalization certificate is issued, the petitioner shall, in open


court, take the following oath:

Section 11. Appeal.The final sentence may, at the instance of either of


the parties, be appealed to the Supreme Court.13

"I, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . , solemnly swear that I


renounce absolutely and forever all allegiance and fidelity to any foreign
prince, potentate, state or sovereignty, and particularly to the . . . . . . . . . .
. . . . . . . . of which at this time I am a subject or citizen; that I will support
and defend the Constitution of the Philippines and that I will obey the
laws, legal orders and decrees promulgated by the duly constituted
authorities of the Commonwealth15 of the Philippines; [and I hereby
declare that I recognize and accept the supreme authority of the United
States of America in the Philippines and will maintain true faith and
allegiance thereto;16 and that I impose this obligation upon myself
voluntarily without mental reservation or purpose of evasion.

"So help me God."


Section 12. Issuance of the Certificate of Naturalization.If, after the lapse
of thirty days from and after the date on which the parties were notified of
the Court, no appeal has been filed, or if, upon appeal, the decision of the
court has been confirmed by the Supreme Court,14 and the said decision
has become final, the clerk of the court which heard the petition shall
issue to the petitioner a naturalization certificate which shall, among other
things, state the following: The file number of the petition, the number of
the naturalization certificate, the signature of the person naturalized
affixed in the presence of the clerk of the court, the personal
circumstances of the person naturalized, the dates on which his
declaration of intention and petition were filed, the date of the decision
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Section 13. Record books.The clerk of the court shall keep two books;
one in which the petition and declarations of intention shall be recorded in
chronological order, noting all proceedings thereof from the filing of the
petition to the final issuance of the naturalization certificate; and another,
which shall be a record of naturalization certificates each page of which
shall have a duplicate which shall be duly attested by the clerk of the
court and delivered to the petitioner.

Section 14. Fees.The clerk of the Court of First Instance shall charge as
fees for recording a petition for naturalization and for the proceedings in
connection therewith, including the issuance of the certificate, the sum of
thirty pesos.

reaching the age of majority, he fails to register himself as a Philippine


citizen at the

The Clerk of the Supreme Court17 shall collect for each appeal and for the
services rendered by him in connection therewith, the sum of twenty-four
pesos.

*************************** MISSING PAGE "#329" ***********************

Section 15. Effect of the naturalization on wife and children.Any woman


who is now or may hereafter be married to a citizen of the Philippines, and
who might herself be lawfully naturalized shall be deemed a citizen of the
Philippines.

Minor children of persons naturalized under this law who have been born
in the Philippines shall be considered citizens thereof.

A foreign-born minor child, if dwelling in the Philippines at the time of the


naturalization of the parent, shall automatically become a Philippine
citizen, and a foreign-born minor child, who is not in the Philippines at the
time the parent is naturalized, shall be deemed a Philippine citizen only
during his minority, unless he begins to reside permanently in the
Philippines when still a minor, in which case, he will continue to be a
Philippine citizen even after becoming of age.

A child born outside of the Philippines after the naturalization of his


parent, shall be considered a Philippine citizen, unless one year after
14 | CONFLICT OF LAWS MIDTERM1

the fault of their parents either by neglecting to support them or by


transferring them to another school or schools. A certified copy of the
decree canceling the naturalization certificate shall be forwarded by the
clerk of the Court to the Department of the Interior20 and the Bureau of
Justice.21

(e) If it is shown that the naturalized citizen has allowed himself to be


used as a dummy in violation of the Constitutional or legal provision
requiring Philippine citizenship as a requisite for the exercise, use or
enjoyment of a right, franchise or privilege.

Section 19. Penalties for violation of this Act.Any person who shall
fraudulently make, falsify, forge, change, alter, or cause or aid any person
to do the same, or who shall purposely aid and assist in falsely making,
forging, falsifying, changing or altering a naturalization certificate for the
purpose of making use thereof, or in order that the same may be used by
another person or persons, and any person who shall purposely aid and
assist another in obtaining a naturalization certificate in violation of the
provisions of this Act, shall be punished by a fine of not more than five
thousand pesos or by imprisonment for not more than five years, or both,
and in the case that the person convicted is a naturalized citizen his
certificate of naturalization and the registration of the same in the proper
civil registry shall be ordered cancelled.

Section 20. Prescription.No person shall be prosecuted, charged, or


punished for an offense implying a violation of the provisions of this Act,
unless the information or complaint is filed within five years from the
detection or discovery of the commission of said offense.

eight, entitled "The Naturalization Law", is repealed: Provided, That


nothing in this Act shall be construed to affect any prosecution, suit,
action, or proceedings brought, or any act, thing, or matter, civil or
criminal, done or existing before the taking effect of this Act, but as to all
such prosecutions, suits, actions, proceedings, acts, things, or matters,
the laws, or parts of laws repealed or amended by this Act are continued
in force and effect.

Section 21. Regulation and blanks.The Secretary of Justice shall issue


the necessary regulations for the proper enforcement of this Act.
Naturalization certificate blanks and other blanks required for carrying out
the provisions of this Act shall be prepared and furnished by the SolicitorGeneral, subject to the approval of the Secretary of Justice.

Section 23. Date when this Act shall take effect.This Act shall take effect
on its approval.

Approved, June 17, 1939.


Section 22. Repealing clause.Act Numbered Twenty-nine hundred and
twenty-seven as amended by Act Numbered Thirty-four hundred and forty-

15 | CONFLICT OF LAWS MIDTERM1

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