Aliens born and residing here can acquire Philippine citizenship by naturalization
"My mother cannot apply for a passport because her citizenship is Chinese. My lolo is pure Chinese but he was born here in the Philippines. My mother’s birth certificate shows that both her parents are Chinese. I would like to know how she could acquire a passport. Is there any other way to change her citizenship other than naturalization? If there is none, what is the process and where can we file for it?
The citizenship of a child born in the Philippines follows the citizenship of his parents (principle of jus sanguinis). Accordingly, your mother who was born here in the Philippines to Chinese parents is a Chinese citizen.Your mother may acquire a passport but not a Philippine passport. The Philippine passport is only issued to a person who can prove that he is a citizen of the Philippines. The following, under Section 1, Article IV of the Constitution, are citizens of the Philippines (1) those who are citizens of the Philippines at the time of 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.
If you mother seeks to have a Philippine passport, she has no other option but to apply for Philippine citizenship through naturalization. Naturalization is a judicial act of adopting a foreigner and clothing him with privileges of a native-born citizen. It implies the renunciation of a former nationality and the fact of entrance into a similar relation towards a new body politic (An Outline of Philippine Immigration and Citizenship Laws, Volume II, Ronaldo P. Ledesma, 2006 Edition, page 537, citing Chua Eng Hok v. Republic, 15 SCRA 170). The application may be judicial or administrative. Under Commonwealth Act No 473, known as The Revised Naturalization Law, governing judicial naturalization, a petition for naturalization may be filed with the Court of First Instance (now Regional Trial Court) of the province where the petitioner has resided at least one year immediately preceding its filing. However, before the said filing, the applicant is required to file a declaration of intention to become a Filipino citizen one year prior thereto.Nevertheless, since your mother was born here in the Philippines, she may apply for administrative naturalization provided under R.A. 9139 otherwise known as the Administrative Naturalization Law of 2000. Under the said law, aliens born and residing in the Philippines may be granted Philippine citizenship by administrative proceeding. A petition to become Philippine citizenship shall be reviewed by the Special Committee on Naturalization. The said application is to be filed at the Office of the Solicitor General.
If your mother is married to a Filipino citizen, she also has a choice of becoming a Filipino through cancellation of her alien certificate of registration which shall also be reviewed by the Special Committee on Naturalization but filed with the Bureau of Immigration.We wish to remind you that the above legal opinion is solely based on our appreciation of the problem that you have stated. The opinion may vary when other facts are elaborated.Editor’s note: Dear PAO is a daily column of the Public Attorney’s Office. Questions for Chief Acosta may be sent to firstname.lastname@example.org."
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"Aliens born and residing here can acquire Philippine citizenship by naturalization"
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and updated on 14 September 2021