Granting Philippine Citizenship to Deserving Aliens

May 17, 1978

PRESIDENTIAL DECREE NO. 1379

GRANTING CITIZENSHIP TO DESERVING ALIENS WHO HAVE APPLIED FOR NATURALIZATION AND FOR OTHER PURPOSES

WHEREAS, pursuant to Letters of Instructions Nos. 270 and 491 applications for naturalization by decree were received by the Special Committee on Naturalization created under LOI 270 for processing and evaluation;

WHEREAS, while a substantial number of applications thus filed have already been passed upon resulting in the naturalization of 16,399 alien applicants, there remain 22,439 more applicants whose applications are still pending consideration; acd

WHEREAS, on the basis of its performance resulting in the approval of its recommendations with respect to alien applicants whose application for naturalization should be granted there is ground to entrust the approval of the remaining applications for naturalization to the Special Committee on Naturalization under the guidelines provided in LOI 270 and 491;

WHEREAS, it is necessary to grant naturalization to such alien applicants as may be found by the Special Committee on Naturalization to possess the qualifications and not suffering from any disqualifications to obviate the need of approving separate recommendations by the Committee and promulgating the corresponding decree as has heretofore been done;

NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Philippines, by virtue of the powers in me vested by the Constitution, do hereby provide as follows: acd

SECTION 1. The Special Committee on Naturalization created under Letter of Instruction No. 270, as amended by LOI Nos. 283, and 491, shall from time to time determine who of the individuals of foreign nationality, who have pending applications for naturalizations by decree, possess the qualifications and do not suffer from any of the disqualifications provided in LOI 270, as amended by LOI Nos. 283 and 491, until all applications for naturalization filed with it shall have been disposed of.

SECTION 2. Philippine citizenship is hereby granted to such individuals of foreign nationality who have pending applications for naturalization by decree as may be determined by the Special Committee on Naturalization to have all the qualifications and none of the disqualifications, as provided in section 1. cd

Citizenship granted under this Decree shall take effect upon the applicant taking the oath of allegiance as Philippine citizen and the issuance to him of the corresponding certificate of naturalization by the Special Committee. The Commission on Immigration and Deportation shall thereupon cancel his certificate of registration as alien and issue to him the corresponding identification certificate as citizen.

SECTION 3.  If an applicant is granted naturalization but dies before taking the oath of allegiance as Filipino citizen and the issuance to him of the certificate of naturalization, his widow, if residing in the Philippines and found by the Special Committee to have none of the disqualifications specified in said LOI 270, may take the oath of allegiance, as Filipino citizen, after which the minor children of said deceased alien and his wife, subject to the provisos of the next succeeding section, shall follow the required Filipino citizenship of their mother.

SECTION 4. Alien wives and minor children of persons naturalized under this Decree shall be deemed Philippine citizens provided that: cd

(a)  The alien wife shall, in all cases, not suffer from any of the disqualifications for naturalization under Letter of Instructions No. 270;

(b) The alien wife and minor children of persons naturalized under this Decree reside permanently in the Philippines at the time of his naturalization;

(c) If the alien wife does not reside in the Philippines at the time of the naturalization of her husband, she shall come to the Philippines and reside in this country in good faith within one year from the naturalization of her husband;

(d) If minor children do not reside in the Philippines at the time of the naturalization of their father they shall, within one (1) year from the naturalization of their father, in good faith reside in this country and, if of school age, enroll in Philippine schools. The fact that any such minor child of school age fails to graduate from a Philippine school, except for valid reasons shown, shall be considered prima facie evidence of failure in good faith enroll in Philippine schools.

SECTION 5. In case the alien naturalized under this Decree is a women, her minor children may elect Philippine citizenship pursuant to existing law upon reaching the age of majority.

SECTION 6. The Special Committee may cancel certificates of naturalization issued under this Decree in the following cases:

(a)  If it finds that the naturalized persons or his duly authorized representatives made any false statement or misrepresentation or committed any violation of law, rules and regulations in connection with the petition for naturalization, or if he otherwise obtained Philippine citizenship, fraudulently or illegally, the certificate of naturalization shall be cancelled;

(b)  If the naturalized person or his wife, or any of his minor children who acquire Filipino citizenship by virtue of his naturalization shall, within five (5) years next following the grant of Philippine citizenship, establish permanent residence in a foreign country, that individual's certificate of naturalization or acquired citizenship shall be cancelled or revoked; provided that the fact of such person's remaining for more than one year in his country of origin, or two years in any other foreign country, shall be considered prima facie evidence of intent to permanently reside therein; cd i

(c)  If the naturalized persons or his wife or child with acquired citizenship allows himself or herself to be used as a dummy in violation of any constitutional or legal provision requiring Philippine citizenship as a condition for the exercise, use, or enjoyment of a right, franchise, or privilege, the certificate of naturalization or acquired citizenship shall be cancelled or revoked;

(d) If the naturalized person or his wife or child with acquired citizenship commits any act inimical to national security, the certificate of naturalization or acquired citizenship shall be cancelled or revoked.

SECTION 7. In case the naturalized person holds any hereditary title, or belongs to any order of nobility, he shall make an express renunciation of his title or membership in this order of nobility before the Special Committee or its duly authorized representative, and such renunciation shall be included in the records of his application for citizenship; and acd

SECTION 8.  The Special Committee shall promulgate such rules and regulations as may be necessary for the effective and expeditious implementation of the provisions of this Decree.

SECTION 9. Any person who shall fraudulently make, falsity, forge, change, alter, or cause or aid any person to do the same, who shall purposely aid and assist in falsely making, forging, falsifying, changing or altering an application of naturalization under LOI 270 and its amendments, or a naturalization certificate issued under this Decree 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 this Decree, shall be punished by a fine of not more than Five Thousand Pesos, (5,000.00) and by imprisonment for not more than five years, and in the case that the person convicted is a naturalized citizen his certificate of naturalization shall, if not earlier cancelled by the Special Committee, be ordered cancelled.

SECTION 10. All laws, decrees and instructions inconsistent with this decree shall be deemed repealed.

SECTION 11. This Decree shall take effect immediately.

DONE in the City of Manila, this 17th day of May, in the year of Our Lord, Nineteen Hundred and Seventy-Eight.

             Published in the Official Gazette, Vol. 74 No. 38 Page 7457 on September 18, 1978.