Dear PAO,
I have a question regarding my spouse, who is French. We met while he was on vacation in Siargao last year. Our relationship went well, and eventually, we decided to get married here in Manila on June 14, 2024. He now wishes to live in our country because he says he sees his future here with me. He also wants to become a Filipino citizen. Does our marriage have any effect on the process he needs to go through in order to become a Filipino citizen? I hope you can shed some light on my question. Thank you!
Ysabella Franchesca
Dear Ysabella Franchesca,

The process that foreigners undergo to become Filipino citizens is called naturalization. Naturalization is a legal process that grants foreigners full recognition as citizens of the Philippines. It gives them rights and privileges such as voting, obtaining a Philippine passport and accessing public services. As citizens, they also gain the right to legally work or run a business in the country and to receive protection from the government.
Along with these rights come responsibilities, such as paying taxes and obeying the laws of the country. The naturalization process in the Philippines ensures that those who wish to become citizens truly understand and accept the responsibilities and rights of being a Filipino.

Marriage between a foreigner and a Filipina does not automatically grant the foreigner Filipino citizenship. Section 2 of Commonwealth Act (CA) 473, or the Revised Naturalization Law, outlines the qualifications required for naturalization:
“Sec. 2. Qualifications. – Subject to Section four of this Act, any person having the following qualifications may become a citizen of the Philippines by naturalization:

“First. He must be not less than twenty-one years of age on the day of the hearing of the petition;
“Second. He must have resided in the Philippines for a continuous period of not less than ten years;

“Third. He must be of good moral character and believes in the principles underlying the Philippine Constitution, and must have conducted himself in a proper and irreproachable manner during the entire period of his residence in the Philippines in his relation with the constituted government as well as with the community in which he is living;

“Fourth. He must own real estate in the Philippines worth not less than five thousand pesos, Philippine currency, or must have some known lucrative trade, profession, or lawful occupation;

“Fifth. He must be able to speak and write English or Spanish and any one of the principal Philippine languages; and
“Sixth. He must have enrolled his minor children of school age, in any of the public schools or private schools recognized by the Office of Private Education of the Philippines, where the Philippine history, government and civics are taught or prescribed as part of the school curriculum, during the entire period of the residence in the Philippines required of him prior to the hearing of his petition for naturalization as Philippine citizen.”

One of the basic qualifications is continuous residence in the country for at least ten (10) years. However, according to Section 3(3) of CA 473, the required 10 years of continuous residence in the Philippines may be reduced to five (5) years if the applicant is married to a Filipina, viz.:
“Sec. 3. Special qualifications. The ten years of continuous residence required under the second condition of the last preceding Sec. shall be understood as reduced to five years for any petitioner having any of the following qualifications: x x x

“3. Being married to a Filipino woman; x x x”

In response to your question, your marriage did not automatically make your French husband a Filipino citizen. He still has to go through the process of naturalization. He will need to submit an application, and it will be carefully reviewed by the court to determine whether he will be granted a Certificate of Naturalization. The effect of your marriage is that the required 10 years of continuous residence in the Philippines will be reduced. It may become only five (5) years instead of 10. Aside from this, he must still meet the qualifications stated by law, and he must not fall under any of the disqualifications. The disqualifications are listed in Section 4 of C.A. 473:
“Sec. 4. Who are disqualified. – The following cannot be naturalized as Philippine citizens:
“Persons opposed to organized government or affiliated with any association or group of persons who uphold and teach doctrines opposing all organized governments;

“Persons defending or teaching the necessity or propriety of violence, personal assault, or assassination for the success and predominance of their ideas;
“Polygamists or believers in the practice of polygamy;
“Persons convicted of crimes involving moral turpitude;
“Persons suffering from mental alienation or incurable contagious diseases;

“Persons who, during the period of their residence in the Philippines, have not mingled socially with the Filipinos, or who have not evinced a sincere desire to learn and embrace the customs, traditions, and ideals of the Filipinos;
“Citizens or subjects of nations with whom the United States and the Philippines are at war, during the period of such war;
“Citizens or subjects of a foreign country other than the United States whose laws do not grant Filipinos the right to become naturalized citizens or subjects thereof.”
We hope that we are able to answer your queries. This advice is based solely on the facts you have narrated and our appreciation of the same. Our opinion may vary when other facts are changed or elaborated.

We appreciate your trust and support.

Editor’s note: Dear PAO is a daily column of the Public Attorney’s Office. Questions for Chief Acosta may be sent to [email protected]