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

• Number: Presidential Decree No. 1379
• Sections: 12

Preamble

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;

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:

Section 1

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 naturalization 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

SEC. 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.

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

SEC. 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

SEC. 4. Alien wives and minor children of persons

naturalized under this Decree shall be deemed Philippine citizens provided

that:

The alien wife shall, in all cases, not suffer from any of the

disqualifications for naturalization under Letter of Instructions No. 270;

The alien, wife and minor children of persons naturalized under this Decree

reside permanently in the Philippines at the time of his naturalization;

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;

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 than 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

SEC. 5. In case the alien naturalized under this Decree is a

woman, her minor children may elect Philippine citizenship pursuant to existing

law upon reaching the age of majority.

Section 6

SEC. 6. The Special Committee may cancel certificates of

naturalization issued under this Decree in the following cases:

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;

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;

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;

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

SEC. 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

Section 8

SEC. 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

SEC. 9. 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 an application for 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 sane nay 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

SEC. 10. All laws, decrees and instructions inconsistent

with this decree shall be deemed repealed.

Section 11

SEC. 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.

(Sgd.) FERDINAND E. MARCOS

President of the

Philippines

By the President:

(Sgd.) JUAN C. TUVERA

Presidential Assistant