Amended IRR of R.A. No. 8171 (April 5, 1999)

(NAR) VOL. 10 NO. 4 / OCTOBER - DECEMBER 1999 [ SCN, April 05, 1999 ] AMENDED RULES AND REGULATIONS IMPLEMENTING REPUBLIC ACT NO. 8171 In the implementation of Republic Act No. 8171 allowing the repatriation of Filipino women who lost their Philippine citizenship by marriage to aliens and natural-born Filipino citizens who lost their Filipino citizenship on account of political or economic necessity, the Special Committee on Naturalization hereby adopts the following rules and regulations: RULE I Any Filipino woman who lost her Philippine citizenship by marriage to an alien, or any natural-born Filipino citizen who lost his or her Philippine citizenship on account of political or economic necessity, and who wishes to reacquire Philippine citizenship by repatriation under Republic Act No. 8171 shall file a petition for repatriation with Special Committee on Naturalization in the proper form, upon payment of a docketing fee of FIFTEEN THOUSAND PESOS (P15,000.00). RULE II 1. Said petition shall be in five (5) copies, legibly typed and signed, thumbmarked, and verified by the petitioner, with his/her signed photograph in passport size attached to each copy of the petition, and setting forth the following: a. the petitioner's name and surname and any other name he/she has used or by which he/she is known; b. his/her present and former places of residence; c. his/her place and date of birth, the names and citizenship of his/her parents and their residences (if still living), and the reasons for the Filipino citizenship of his/her parents, if such is the fact; d. the basis for her being a Filipino citizen at the time of her marriage, if the petitioner is one who lost her Filipino citizenship by marriage, or if the petitioner is a natural-born Filipino citizen, the basis why he/she was a Filipino citizen at birth; e. the reason/s why petitioner lost his/her Filipino citizenship, whether by marriage in case of Filipino woman, or whether by political or economic necessity in case of natural-born Filipino citizen, who lost his/her Filipino citizenship. In case of the latter, such political or economic necessity should be specified;f. the reason/s why petitioner is seeking to reacquire Philippine citizenship by repatriation; g. whether the petitioner is single, married or divorced, or his/her marriage had been annulled. If married, petitioner shall state the date and place of his/her marriage, and the name, date of birth, birthplace, citizenship, and residence of his/her spouses if widowed, the date and place of death of his/her spouse; and if his/her marriage had been annulled or he/she had been divorced, the date of decree of annulment of marriage or divorce and the court which issued the same; h. his/her occupation, as well as the occupation of his/her spouse, in case the applicant is married; i. if the petitioner has children, the name, date and place of birth, and residence of each of the children; j. a declaration: (1) that petitioner is not a person opposed to organized government or affiliated with any association or group of persons who uphold and teach doctrines opposing organized government; (2) that petitioner is not a person defending or teaching the necessity or propriety of violence, personal assault, or assassination for the predominance of their ideas; (3) that petitioner is not a person convicted of crimes involving moral turpitude; or (4) that petitioner is not a person suffering from mental alienation or incurable contagious diseases. k. a declaration that it is his/her intention to reacquire Philippine citizenship and to renounce absolutely and forever all allegiance and fidelity to any foreign prince, potentate, state, or sovereignty, and particularly to the state or country of which he/she is a citizen or subject. The petition must be accompanied by: a. duplicate original or certified photocopies of petitioner's birth certificate or other evidences of his/her former Filipino citizenship; b. duplicate original or certified photocopies of petitioner's Alien Certificate of Registration and his/her Native-born Certificate of Residence and Certificate of Arrival or Re-entry Permit into the Philippines, if any; c. duplicate original or certified photocopies of petitioner's marriage certificate, if married; or the death certificate of his/her spouse, if widowed; or the decree granting petitioner a divorce, if she/he is divorced, or annulling his/her marriage, if such marriage had been annulled; d. duplicate original or certified photocopies of the birth certificates, the Alien Certificates of Registration, and the Immigrant Certificates ofResidence or Native-born Certificates of Residence (if any) of petitioner's minor children, whenever applicable. Every page of the petition, as well as all the pages of its annexes and supporting documents and papers, must be signed by petitioners in addition to the signatures thereof of the persons executing or issuing the same. 2. The petition shall be given a docket number and stamped, indicating the date of filing. The Committee shall record the filing of all such applications in a record book in chronological order. RULE III After receipt of the petition for repatriation, the Committee may call the petitioner for interview, after which the Committee, if it believes in view of the facts before it that petitioner has all the qualifications and none of the disqualifications required for repatriation under Republic Act No. 8171 shall approve the petition. Within ninety (90) days after being notified of the approval of his petition, petitioner shall take the following oath of allegiance in the proper form in six (6) copies before the Committee or any of its duly designated representative or representatives: OATH OF ALLEGIANCE "I, ___________________, solemnly swear (or affirm) that I renounce absolutely and forever all allegiance and fidelity to any foreign prince, potentate, state, or sovereignty, and particularly to the state/country of ____________ of which at this time I am a subject or citizen that I will support and defend the Constitution of the Republic of the Philippines and obey the law, legal orders, and decrees promulgated by the duly constituted authorities of the Republic of the Philippines; I hereby declare that I recognize and accept the supreme authority of the Republic of the Philippines and will maintain true faith and allegiance thereto; and that I impose this obligation upon myself voluntarily without mental reservation or purpose of evasion." Oath-taking fee of TWENTY-FIVE THOUSAND PESOS (P25,000.00) shall be collected. Should petitioner fail to take the above oath of allegiance within the prescribed time, the approval of the petition shall be deemed withdrawn. RULE IV If the petitioner is a natural-born Filipino and is presently residing outside of the Philippines, he/she may file his/her application and pay the corresponding docketing fee with the Philippine Consulate having jurisdiction over his/her place of residence. On request of the Special Committee on Naturalization, an official of the consulate shall interview petitioner. The application, docketing fee, and report of interview shall there upon be forwarded to the Committee, which shall determine whether or not petitioner is qualified for repatriation. If he/she should be found to be qualified, he/she shall then take the oath of allegiance as provided in Rule III before any Consul or Vice-Consul at the Philippine Consulate of his/her place of residence,after which said oath shall be forwarded to the Special Committee on Naturalization. RULE V After petitioner has taken the oath of allegiance as provided for in Rule III hereof, the Committee shall issue a certificate of repatriation and forward the same together with a copy of said oath to the proper Local Civil Registrar for registration, and another copy to the Bureau of Immigration and Deportation (BID) which shall, pursuant to Republic Act No. 8171, cancel the Alien Certificate of Registration of the repatriated citizen. RULE VI Any false statement or misrepresentation in the petition for repatriation and in any of the other documents submitted therewith or any violation of these Rules and Regulations by petitioner shall constitute adequate basis for denial of said petition, or if the same has been favorably considered, for the revocation of such repatriation of petitioner. Adopted: April 5, 1999 (SGD.) RICARDO P. GALVEZ Chairman, Special Committee on Naturalization (Solicitor General, Office of the Solicitor General) (SGD.) RORA NAVARRO-TOLENTINO Member, Special Committee on Naturalization (Undersecretary, Department of Foreign Affairs) (SGD.) CESAR F. FORTUNO Member, Special Committee on Naturalization (Director-General, National Intelligence Coordinating Agency) Attested by: (SGD.) PIO C. GUERRERO Executive Director, Special Committee on Naturalization (Assistant Solicitor General, Office of the Solicitor General) Source: Supreme Court E-Library This page was dynamically generated by the E-Library Content Management System (E-LibCMS)