Guidelines on the Implementation of the Alternative Publication on the Official Website of the Supreme Court of Petitions for Naturalization Involving Refugees and Stateless Persons

August 11, 2022

SUPREME COURT ADMINISTRATIVE ORDER NO. 226-2022

GUIDELINES ON THE IMPLEMENTATION OF THE ALTERNATIVE PUBLICATION ON THE OFFICIAL WEBSITE OF THE SUPREME COURT OF PETITIONS FOR NATURALIZATION INVOLVING REFUGEES AND STATELESS PERSONS

WHEREAS, the Supreme Court issued a Resolution dated February 15, 2022 in A.M. No. 21-07-22-SC (Re: Rule on Facilitated Naturalization of Refugees and Stateless Persons), which was published in two newspapers of general circulation, i.e., Manila Bulletin 1 and Philippine Star, 2 on April 10, 2022;

WHEREAS, in view of the Court's objective to give equal access to justice, especially to vulnerable refugees and stateless persons, and to establish a technology-driven Judiciary, A.M. No. 21-07-22-SC provides for an alternative mode of publication of petitions filed under the Rule on Facilitated Naturalization of Refugees and Stateless Persons to reduce fees;

WHEREAS, Section 12 of the Rule on Facilitated Naturalization of Refugees and Stateless Persons requires "the clerk of court to cause the publication of the petition, excluding its annexes, for three (3) consecutive weeks in the Official Gazette or its website and in one (1) newspaper of general circulation or its website in the place where the petitioner resides, OR the official website of the Supreme Court";3

WHEREAS, all Judges of Regional Trial Courts handling petitions for naturalization involving refugees and stateless persons shall follow these Guidelines in implementing the alternative publication of petitions for naturalization involving refugees and stateless persons on the official website of the Supreme Court ("SC Website");

NOW, THEREFORE, acting on the recommendation of the Members of the Special Committee on Facilitated Naturalization for Refugees and Stateless Individuals, the Supreme Court resolves to approve these Guidelines implementing the alternative publication on the SC Website of petitions for naturalization involving refugees and stateless persons:

SECTION 1. Applicability. — These Guidelines shall govern the implementation of Section 12 of the Rule, or the alternative publication on the SC Website of petitions filed under A.M. No. 21-07-22-SC, otherwise known as the "Rule on Facilitated Naturalization of Refugees and Stateless Persons."

SECTION 2. Duty of Clerk of Court. — Upon the filing of the petition for naturalization, the Office of the Clerk of Court (in multiple sala courts) or the Branch Clerk of Court (in single sala courts) shall ascertain the preferred mode of publication of the petitioner. The petitioner (or the duly authorized representative) shall accomplish a form (herein provided as Form 1) to indicate the preferred mode of publication.

SECTION 3. Transmission of Request. — Within ten (10) days from the finding by the naturalization court that the petition is sufficient in form and substance, if the petitioner (or the duly authorized representative) chooses publication through the SC Website, the Branch Clerk of Court shall prepare a Transmittal Form (herein provided as Form 2) and a Scanned Copy of the Petition. The Branch Clerk of Court shall use the official judiciary e-mail account of the naturalization court in sending the Transmittal Form and the Scanned Copy of the Petition to the official e-mail addresses of the: (a) Supreme Court Public Information Office ("PIO") as indicated on the SC Website; and, (b) the petitioner (or the duly authorized representative), if an e-mail address is provided in the petition for naturalization.

SECTION 4. Publication. — Upon finding the Transmittal Form and Scanned Copy of the petition to be in order, the PIO shall cause the publication of the petition on the SC Website for three (3) consecutive weeks. The SC Website shall have a dedicated page exclusively for the publication of petitions for naturalization. Any opposition to the petition shall be submitted directly to the naturalization court. The PIO shall send via e-mail the hyperlink of the published petition for naturalization to the: (a) official judiciary e-mail account of the naturalization court concerned; (b) Office of the Solicitor General ("OSG"); and, (c) the petitioner (or the duly authorized representative), if an e-mail address is provided in the petition for naturalization.

SECTION 5. Certificate. — Upon the completion of the publication for three (3) consecutive weeks, the PIO shall issue a Certification of Publication (herein provided as Form 3). The Certification of Publication shall be sent through electronic mail to the: (a) official judiciary e-mail account of the naturalization court concerned; (b) OSG; and, (c) petitioner (or the duly authorized representative), if an e-mail address is indicated in the petition for naturalization.

SECTION 6. Separability Clause. — If, for any reason, any section or provision of these Guidelines is declared or rendered invalid, any section or provision not affected thereby shall remain in full force and effect.

SECTION 7. Repealing Clause. — All rules, resolutions, regulations or circulars of the Supreme Court or parts thereof which are inconsistent with any provision of these Guidelines are hereby deemed repealed or modified accordingly.

SECTION 8. Effectivity. — These Guidelines shall take effect immediately after the completion of its publication in a newspaper of general circulation.

(SGD.) ALEXANDER G. GESMUNDOChief Justice

(SGD.) MARVIC M.V.F. LEONENSenior Associate Justice

(SGD.) ALFREDO BENJAMIN S. CAGUIOAAssociate Justice

(SGD.) RAMON PAUL L. HERNANDOAssociate Justice

(SGD.) AMY C. LAZARO-JAVIERAssociate Justice

(SGD.) HENRI JEAN PAUL B. INTINGAssociate Justice

(SGD.) RODIL V. ZALAMEDAAssociate Justice

(SGD.) MARIO V. LOPEZAssociate Justice

(SGD.) SAMUEL H. GAERLANAssociate Justice

(SGD.) RICARDO R. ROSARIOAssociate Justice

(SGD.) JHOSEP Y. LOPEZAssociate Justice

(SGD.) JAPAR B. DIMAAMPAOAssociate Justice

(SGD.) JOSE MIDAS P. MARQUEZAssociate Justice

(SGD.) ANTONIO T. KHO, JR.Associate Justice

(SGD.) MARIA FILOMENA D. SINGHAssociate Justice

ATTACHMENTS

Form 1

 

Form 2

 

Form 3

Footnotes

1. Manila Bulletin, pp. 4-5.

2. Philippine Star, pp. B6-B7.

3. SEC. 12. Publication and posting of the petition. — If the court is satisfied that the petition is sufficient in form and substance, it shall direct the clerk of court to cause the publication of the petition, excluding its annexes, for three (3) consecutive weeks in the Official Gazette or its website and in one (1) newspaper of general circulation or its website in the place where the petitioner resides, OR the official website of the Supreme Court. It shall likewise direct the posting of copies of said petition and a general notice of the hearing in a public and conspicuous place in the court or in the building where said court is located, setting forth in such notice the name, birthplace and residence of the petitioner, the date and place of his or her arrival in the Philippines, the names of the witnesses whom the petitioner proposes to present in support of his or her petition, and the date of the hearing of the petition, which hearing shall not be held within six (6) months from the date of the last publication of the petition.

The following offices shall be furnished with copies of the petition and notice of initial hearing:

a) DOJ-RSPPU or the appropriate Philippine government agency that may be tasked for refugee and stateless status determination;

b) Local Civil Registrar (LCR);

c) Philippine Statistics Authority (PSA);

d) Bureau of immigration (BI); and,

e) DSWD, in cases wherein such agency does not represent the petitioner who is an unaccompanied child.

Published in the Manila Bulletin on October 8, 2022.