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    Republic Act No. 9225 August 29, 2003

    AN ACT MAKING THE CITIZENSHIP OF PHILIPPINE CITIZENSWHO ACQUIRE FOREIGN CITIZENSHIP PERMANENT.

    AMENDING FOR THE PURPOSE COMMONWEALTH ACT. NO. 63,AS AMENDED AND FOR OTHER PURPOSES

    Be it enacted by the Senate and House of Representatives of thePhilippines in Congress assembled:

    Section 1. Short Titlethis act shall be known as the "CitizenshipRetention and Re-acquisition Act of 2003 ."

    Section 2. Declaration of Policy- It is hereby declared the policy ofthe State that all Philippine citizens of another country shall be deemednot to have lost their Philippine citizenship under the conditions of this

    Act.

    Section 3. Retention of Philippine Citizenship -Any provision of lawto the contrary notwithstanding, natural-born citizenship by reason oftheir naturalization as citizens of a foreign country are hereby deemedto have re-acquired Philippine citizenship upon taking the followingoath of allegiance to the Republic:

    "I _____________________, solemny swear (or affrim) that I willsupport and defend the Constitution of the Republic of the Philippinesand obey the laws and legal orders promulgated by the dulyconstituted authorities of the Philippines; and I hereby declare that I

    recognize and accept the supreme authority of the Philippines and willmaintain true faith and allegiance thereto; and that I imposed thisobligation upon myself voluntarily without mental reservation orpurpose of evasion."

    Natural born citizens of the Philippines who, after the effectivity of thisAct, become citizens of a foreign country shall retain their Philippinecitizenship upon taking the aforesaid oath.

    Section 4. Derivative Citizenship - The unmarried child, whetherlegitimate, illegitimate or adopted, below eighteen (18) years of age, ofthose who re-acquire Philippine citizenship upon effectivity of this Actshall be deemed citizenship of the Philippines.

    Section 5. Civil and Political Rights and Liabilities - Those whoretain or re-acquire Philippine citizenship under this Act shall enjoy fullcivil and political rights and be subject to all attendant liabilities andresponsibilities under existing laws of the Philippines and the followingconditions:

    (1) Those intending to exercise their right of surffrage must Meet therequirements under Section 1, Article V of the Constitution, Republic

    Act No. 9189, otherwise known as "The Overseas Absentee Voting Actof 2003" and other existing laws;

    (2) Those seeking elective public in the Philippines shall meet thequalification for holding such public office as required by theConstitution and existing laws and, at the time of the filing of thecertificate of candidacy, make a personal and sworn renunciation ofany and all foreign citizenship before any public officer authorized toadminister an oath;

    (3) Those appointed to any public office shall subscribe and swear toan oath of allegiance to the Republic of the Philippines and its dulyconstituted authorities prior to their assumption of office: Provided,That they renounce their oath of allegiance to the country where theytook that oath;

    (4) Those intending to practice their profession in the Philippines shallapply with the proper authority for a license or permit to engage in suchpractice; and

    (5) That right to vote or be elected or appointed to any public office inthe Philippines cannot be exercised by, or extended to, those who:

    (a) are candidates for or are occupying any public office in the countryof which they are naturalized citizens; and/or

    (b) are in active service as commissioned or non-commissionedofficers in the armed forces of the country which they are naturalizedcitizens.

    Section 6. Separability Clause - If any section or provision of this Act

    is held unconstitutional or invalid, any other section or provision notaffected thereby shall remain valid and effective.

    Section 7. Repealing Clause -All laws, decrees, orders, rules andregulations inconsistent with the provisions of this Act are herebyrepealed or modified accordingly.

    Section 8. Effectivity ClauseThis Act shall take effect after fifteen(15) days following its publication in theOfficial Gazette or two (2)newspaper of general circulation.

    REPUBLIC ACT NO. 2630

    REPUBLIC ACT NO. 2630 - AN ACT PROVIDING FORREACQUISITION OF PHILIPPINE CITIZENSHIP BY PERSONS WHO

    LOST SUCH CITIZENSHIP BY RENDERING SERVICE TO, ORACCEPTING COMMISSION IN, THE ARMED FORCES OF THE

    UNITED STATES

    Section 1. Any person who had lost his Philippine citizenship byrendering service to, or accepting commission in, the Armed Forces othe United States, or after separation from the Armed Forces of theUnited States, acquired United States citizenship, may reacquirePhilippine citizenship by taking an oath of allegiance to the Republic othe Philippines and registering the same with the Local Civil Registry inthe place where he resides or last resided in the Philippines. The said

    oath of allegiance shall contain a renunciation of any other citizenship.

    Sec. 2. This Act shall take effect upon its approval.

    Approved:June 18, 1960

    REPUBLIC ACT NO. 8171

    REPUBLIC ACT NO. 8171 - AN ACT PROVIDING FOR THEREPATRIATION OF FILIPINO WOMEN WHO HAVE LOST THEIRPHILIPPINE CITIZENSHIP BY MARRIAGE TO ALIENS AND OF

    NATURAL-BORN FILIPINOS

    Section 1. Filipino women who have lost their Philippine citizenship bymarriage to aliens and natural-born Filipinos who have lost theirPhilippine citizenship, including their minor children, on account opolitical or economic necessity, may reacquire Philippine citizenshipthrough repatriation in the manner provided in Sec. 4 oCommonwealth Act No. 63, as amended: provided, that the applicant isnot a:

    (1) Person opposed to organized government or affiliated with anyassociation or group of persons who uphold and teach doctrinesopposing organized government;

    (2) Person defending or teaching the necessity or propriety of violence,personal assault, or association for the predominance of their ideas;

    (3) Person convicted of crimes involving moral turpitude; or

    (4) Person suffering from mental alienation or incurable contagiousdiseases.

    Sec. 2. Repatriation shall be effected by taking the necessary oath oallegiance to the Republic of the Philippines and registration in theproper civil registry and in the Bureau of Immigration. The Bureau oImmigration shall thereupon cancel the pertinent alien certificate oregistration and issue the certificate of identification as Filipino citizento the repatriated citizen.

    Sec. 3. All laws, decrees, orders, rules and regulations, or parts thereoinconsistent with this Act are hereby repealed or amendedaccordingly.

    Sec. 4. This Act shall take effect thirty (30) days after its publication ina newspaper of general circulation.

    Lapsed into law on October 23, 1995 without the signature of thPresident, in accordance with Article VI, Sec. 27 (1) of theConstitution.

    REPUBLIC ACT NO. 9139June 08, 2001

    AN ACT PROVIDING FOR THE ACQUISITION OF PHILCITIZENSHIP FOR CERTAIN ALIENS BY ADMINISTR

    NATURALIZATION AND FOR OTHER PURPOSE

    Be it enacted by the Senate and the House of RepresentatPhilippines in Congress assembled:

    Section 1.Short Title. - This Act shall be known as "The AdmNaturalization Law of 2000."

    Sec. 2.Declaration of Policy. - The State shall control and readmission and integration of aliens into its territory and bodyincluding the grant of citizenship to aliens. Towards this endborn and residing in the Philippines may be granted Philippincitizenship by administrative proceedings subject to certainrequirements dictated by national security and interest.chanvirtualaw library

    Sec. 3.Qualifications. - Subject to the provisions of the succsection, any person desiring to avail of the benefits of this Acmeet the following qualifications:

    (a) The applicant must be born in the Philippines and residinsince birth;cralaw

    (b) The applicant must not be less than eighteen (18) years the time of filing of his/her petition;cralaw

    (c) The applicant must be of good moral character and belie

    underlying principles of the Constitution, and must have conhimself/herself in a proper and irreproachable manner duringentire period of residence in the Philippines in his relation wiconstituted government as well as with the community in whis living;cralaw

    (d) The applicant must have received his/her primary and seeducation in any public school or private educational institutrecognized by the Department of Education, Culture and SpoPhilippine history, government and civics are taught and prepart of the school curriculum and where enrollment is not limrace or nationality: Provided, That should he/she have minorof school age, he/she must have enrolled them in similarschools;cralaw

    (e) The applicant must have a known trade, business, profeslawful occupation, from which he/she derives income sufficiehis/her support and if he/she is married and/or has dependethat of his/her family: Provided, however, That this shall not applicants who are college degree holders but are unable totheir profession because they are disqualified to do so by retheir citizenship;cralaw

    (f) The applicant must be able to read, write and speak Filipiof the dialects of the Philippines; and

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    (g) The applicant must have mingled with the Filipinos and evinced asincere desire to learn and embrace the customs, traditions and idealsof the Filipino people.chanrobles virtualaw library

    Sec. 4.Disqualifications, - The following are not qualified to benaturalized as Filipino citizens under this Act:

    (a) Those opposed to organized government or affiliated with anyassociation of group of persons who uphold and teach doctrinesopposing all organized governments;cralaw

    (b) Those defending or teaching the necessity of or propriety ofviolence, personal assault or assassination for the success orpredominance of their ideas;cralaw

    (c) Polygamists or believers in the practice of polygamy;cralaw

    (d) Those convicted of crimes involving moral turpitude;cralaw

    (e) Those suffering from mental alienation or i ncurable contagiousdiseases;cralaw

    (f) Those who, during the period of their residence in the Philippines,have not mingled socially with Filipinos, or who have not evinced asincere desire to learn and embrace the customs, traditions and idealsof the Filipinos;cralaw

    (g) Citizens or subjects with whom the Philippines is at war, during theperiod of such war; and

    (h) Citizens or subjects of a foreign country whose laws do not grantFilipinos the right to be naturalized citizens or subjectsthereof.chanrobles virtualaw library

    Sec. 5.Petition for Citizenship. - (1) Any person desiring to acquirePhilippine citizenship under this Act shall file with the SpecialCommittee on Naturalization created under Sec. 6 hereof, a petition offive (5) copies legibly typed and signed, thumbmarked and verified byhim/her, with the latter's passport-sized photograph attached to eachcopy of the petition, and setting forth the following:

    (a) The petitioner's name and surname, and any other name he/shehas used or by which he/she is known;cralaw

    (b) The petitioner's present and former places of residence;cralaw

    (c) The petitioner's place and date of birth, the names and citizenshipof his/her parents and their residences;cralaw

    (d) The petitioner's trade, business, profession or occupation, and ifmarried, also that of his/her spouse;cralaw

    (e) Whether the petitioner is single or married or his/her marriage isannulled. If married, petitioner shall state the date and place of his/her

    marriage, and the name, date of birth, birthplace, citizenship andresidence of his/her spouse; and if his marriage is annulled, the date ofdecree of annulment of marriage and the court which granted thesame;cralaw

    (f) If the petitioner has children, the name, date and birthplace andresidences of his/her children ;cralaw

    (g) A declaration that the petitioner possesses all the qualifications andnone of the disqualifications under this Act;cralaw

    (h) A declaration that the petitioner shall never be a public charge; and

    (i) A declaration that it is the petitioner's true and honest intention toacquire Philippine citizenship and to renounce absolutely and foreverany prince, potentate, State or sovereign, and particularly the countryof which the applicant is a citizen or subject.

    (2) The application shall be accompanied by:

    (a) Duplicate original or certified photocopies of petitioner's birthcertificate;cralaw

    (b) Duplicate original or certified photocopies of petitioner's aliencertificate of registration and native born certificate of residence;cralaw

    (c) Duplicate original or certified photocopies of petitioner's marriagecertified, if married, or the death certificate of his spouse, if widowed, orthe court decree annulling his marriage, if such was the fact;cralaw

    (d) Duplicate original or certified photocopies of birth certificates, aliencertificate of registration or native born certificate of residence if any, ofpetitioner's minor children, wherever applicable;cralaw

    (e) Affidavit of financial capacity by the petitioner, and swornstatements on the good moral character of the petitioner by at least two(2) Filipino citizens of good reputation in his/her place of residencestating that they have personally known the petitioner for at least aperiod of ten (10) years and that said petitioner has in their own opinionall the qualifications necessary to become a citizen of the Philippinesand is not in any way disqualified under the provisions of this

    Act;cralaw

    (f) A medical certificate that petitioner is not a user of prohibited drugsor otherwise a drug dependent and that he/she is not afflicted withacquired immune deficiency syndrome (AIDS);cralaw

    (g) School diploma and transcript of records of the petitioner in theschools he attended in the Philippines. Should the petitioner haveminor children, a certification that his children are enrolled in a schoolwhere Philippine history, government and civics are taught and are partof the curriculum; and

    (h) If gainfully employed, the income tax return for the past three (3)years.chanrobles virtualaw library

    Sec. 6.Special Committee on Naturalization. - There shall beconstituted a Special Committee on Naturalization herein referred to asthe "Committee", with the Solicitor General as chairman, the Secretaryof Foreign Affairs, or his representative, and the National Security

    Adviser, as members, with the power to approve, deny or rejectapplications for naturalization as provided in this Act.

    The Committee shall meet, as often as practicable, to considerapplications for naturalization. For this purpose, the chairman andmembers shall receive an honorarium of Two thousand pesos

    (P2,000.00) and One thousand five hundred pesos (P1,500.00),respectively, per meeting attended.chanrobles virtualaw library

    Sec. 7.Powers/Functions of the Special Committee on Naturalization. -An alien who believes that he has all the qualifications, and none of thedisqualifications, may file an application for naturalization with thesecretariat of the Special Committee on Naturalization, and aprocessing fee of Forty thousand pesos (P40,000.00). Thereafter, thepetition shall be stamped to indicate the date of filing and acorresponding docket number. Within fifteen (15) days from the receiptof the petition, the Committee shall determine whether the petition iscomplete in substance and in form. If such petition is complete, theCommittee shall immediately publish pertinent portions of the petitionindicating the name, qualifications and other personal circumstances ofthe applicant, once a week for three (3) consecutive weeks in anewspaper of general circulation, and have copies of the petitionposted in any public or conspicuous area. The Committee shall

    immediately furnish the Department of Foreign Affairs (DFA), theBureau of Immigration (BI), the civil registrar of the petitioner's place ofresidence and tile National Bureau of Investigation (NBI) copies of thepetition and its supporting documents. These agencies shall havecopies of the petition posted in any public or conspicuous area in theirbuildings, offices and premises, and shall, within thirty (30) days fromthe receipt of the petition, submit to the Committee a report statingwhether or not petitioner has any derogatory record on file or any suchrelevant and material information which might be adverse to petitioner'sapplication for citizenship.

    If the petition is found by the Committee to be wanting in substanceand form, the petition shall be dismissed without prejudice.chanroblesvirtualaw library

    Sec. 8.Approval or Disapproval of the Petition. - Within sixty (60) daysfrom receipt of the report of the agencies which were furnished a copyof the petition or the date of the last publication of the petition,

    whichever comes in later, the Committee shall consider and review allrelevant and material information it has received pertaining to thepetition, and may, for the purpose call the petitioner for interview toascertain his/her identity, the authenticity of the petition and itsannexes, and to determine the truthfulness of the statements anddeclarations made in the petition and its annexes.

    If the Committee shall have received any information adverspetition, the Committee shall allow the petitioner to answer, refute the information.

    Thereafter, if the Committee believes, in view of the facts bethe petitioner has all the qualifications and none of the disqurequired for Philippine citizenship under this Act, it shall apppetition and henceforth, notify the petitioner of the fact of sucapproval. Otherwise, the Committee shall disapprove thesame.chanrobles virtualaw library

    Sec. 9.Decree of Naturalization and Naturalization ProcessWithin thirty (30) days from the receipt of the notice of the ap

    his/her petition, the applicant shall pay to the Committee anaturalization fee of One hundred thousand pesos (P100,00payable as follows: Fifty thousand pesos (P50,000.00) uponapproval of the petition and Fifty thousand pesos (P50,000.0the taking of the oath of allegiance to the Republic of the Phforthwith, a certificate of naturalization shall be issued. Withidays from the issuance of the certificate, the petitioner shall oath of allegiance in the proper forum upon proof of paymenrequired naturalization processing fee and certificate of natuShould the applicant fail to take the abovementioned oath ofwithin said period of time, the approval of the petition shall babandoned.chanrobles virtualaw library

    Sec. 10.Duty of the Bureau of Immigration. - Within five (5) the applicant has taken his oath of allegiance as required in preceding section, the BI shall forward a copy of the petitionthe proper local civil registrar. Thereafter, the BI shall cance

    certificates of registration of the applicant.chanrobles virtuala

    Sec. 11.Status of Alien Wife and Minor Children. - After the of the petition for administrative naturalization in cancellationapplicant's alien certificate of registration, applicant's alien laand minor children may file a petition for cancellation of theircertificates of registration with the Committee subject to the the filing fee of Twenty thousand pesos (P20,000.00) andnaturalization fee of Forty thousand pesos (P40,000.00) payfollows: Twenty thousand pesos (P20,000.00) upon the apprpetition and Twenty thousand pesos (P20,000.00) upon the the oath of allegiance to the Republic of the Philippines.chavirtualaw library

    Sec. 12.Status of Alien Husband and Minor Children. - If theis a married woman, the approval of her petition for administnaturalization will not benefit her alien husband but her minomay file a petition for cancellation of their alien certificates of

    registration with the BI subject to the requirements of existinlaws.chanrobles virtualaw library

    Sec. 13.Cancellation of the Certificate of Naturalization. - TCommittee may cancel certificates of naturalization issued u

    Act in the following cases:

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    (a) If it finds that the naturalized person or his duly authorizedrepresentative made any false statement or misrepresentation orcommitted any violation of law, rules and regulations in connection withthe petition for naturalization, or if he otherwise obtains Philippinecitizenship fraudulently or illegally, the certificate of naturalization shallbe cancelled;cralaw

    (b) If the naturalized person or his wife, or any or his minor childrenwho 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'scertificate of naturalization or acquired citizenship shall be cancelled orrevoked: Provided, That the fact of such person's remaining for more

    than one (1) year in his country of origin, or two (2) years in any foreigncountry, shall be consideredprima facie evidence of intent topermanently reside therein;cralaw

    (c) If the naturalized person or his wife or child with acquiredcitizenship allows himself or herself to be used as a dummy in violationof any constitutional or legal provision requiring Philippine citizenshipas a condition for the exercise, use or enjoyment of a right, franchise orprivilege, the certificate of naturalization or acquired citizenship shall becancelled or revoked; and

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

    In case the naturalized person holds any hereditary title, or belong toany order of nobility, he shall make an express renunciation of his title

    or membership in this order of nobility before the Special Committee orits duly authorized representative, and such renunciation shall beincluded in the records of his application for citizenship.chanroblesvirtualaw library

    Sec. 14.Penalties. - Any person who shall fraudulently make, falsify,forge, change, alter, or cause or aid any person to do the same, or whoshall purposely aid and assist in falsely making, forging, falsifying,changing or altering a naturalization certificate issued under thisproceeding for the purpose of making use thereof, or in order that thesame may be used by another person or persons, and any person whoshall purposely aid and assist another in obtaining a naturalizationcertificate in violation of this Act, shall be punished by a fine of notmore than Five hundred thousand pesos (P500,OOO.OO) and byimprisonment for not more than five (5) years, and in the case that theperson convicted is a naturalized citizen, his certificate of naturalizationshall, if not earlier cancelled by the Special Committee, be orderedcancelled.chanrobles virtualaw library

    Sec. 15. Any person who failed to register his/her birth with theconcerned city or municipal civil registrar may, within two (2) yearsfrom the effectivity of this Act, file a petition for the acquisition of thePhilippine citizenship: Provided, That the applicant possesses all thequalifications and none of the disqualifications under this Act andsubject to the requirements of existing laws.chanrobles virtualaw library

    Sec. 16.Special Disposition of the Filing Fee. - An amount equivalentto twenty five percent (25%) of the filing fee to be paid by theapplicants pursuant to Sec. 7 hereof shall accrue to the University ofthe Philippines Law Center and another twenty-five percent (25%) shallbe allotted for the publication of the Journal of the House ofRepresentatives. Said amount shall be treated as receiptsautomatically appropriated.chanrobles virtualaw library

    Sec. 17.Implementing Rules and Regulations. - The SpecialCommittee on Naturalization is hereby authorized to promulgate suchrules and regulations as may be needed for the proper implementationof the provisions of this Act.chanrobles virtualaw library

    Sec. 18.Repealing Clause. -All provisions of existing laws, orders,decrees, rules and regulations contrary to or inconsistent with this Actare hereby repealed or modified accordingly.chanrobles virtualawlibrary

    Sec. 19.Separability CIause. - If any part, section or provision of thisAct is declared invalid or unconstitutional, the part, section or provisionnot affected thereby shall continue to be in force and effect.chanroblesvirtualaw library

    Sec. 20.Effectivity Clause. - This Act shall take effect after fifteen (15)days following its publication in at least two (2) newspapers of generalcirculation.

    Approved: June 08, 2001

    COMMONWEALTH ACT No. 473

    AN ACT TO PROVIDE FOR THE ACQUISITION OF PHILIPPINECITIZENSHIP BY NATURALIZATION, AND TO REPEAL ACTS

    NUMBERED TWENTY-NINE HUNDRED AND TWENTY-SEVEN ANDTHIRTY-FOUR HUNDRED AND FORTY-EIGHT.

    Be it enacted by the National Assembly of the Philippines:

    Section 1.Title of Act. This Act shall be known and may be cited asthe "Revised Naturalization Law."

    Section 2.Qualifications. Subject to section four of this Act, anyperson 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 ofthe hearing of the petition;

    Second. He must have resided in the Philippines for a continuousperiod of not less than ten years;

    Third. He must be of good moral character and believes in theprinciples underlying the Philippine Constitution, and must haveconducted himself in a proper and irreproachable manner during theentire period of his residence in the Philippines in his relation with theconstituted government as well as with the community in which he isliving.

    Fourth. He must own real estate in the Philippines worth not less thanfive thousand pesos, Philippine currency, or must have some knownlucrative trade, profession, or lawful occupation;

    Fifth. He must be able to speak and write English or Spanish and anyone of the principal Philippine languages; and

    Sixth. He must have enrolled his minor children of school age, in any ofthe public schools or private schools recognized by the Office ofPrivate Education1 of the Philippines, where the Philippine history,government and civics are taught or prescribed as part of the schoolcurriculum, during the entire period of the residence in the Philippinesrequired of him prior to the hearing of his petition for naturalization asPhilippine citizen.

    Section 3.Special qualifications. The ten years of continuousresidence required under the second condition of the last precedingsection shall be understood as reduced to five years for any petitionerhaving any of the following qualifications:

    1. Having honorably held office under the Government of the Philippinesor under that of any of the provinces, cities, municipalities, or political

    subdivisions thereof;2. Having established a new industry or introduced a useful invention in

    the Philippines;3. Being married to a Filipino woman;4. Having been engaged as a teacher in the Philippines in a public or

    recognized private school not established for the exclusive instruction

    of children of persons of a particular nationality or race, in any of thebranches of education or industry for a period of not less than twoyears;

    5. Having been born in the Philippines.Section 4.Who are disqualified. - The following cannot be naturalizedas Philippine citizens:

    a. Persons opposed to organized government or affiliated with anyassociation or group of persons who uphold and teach doctrinesopposing all organized governments;

    b. Persons defending or teaching the necessity or propriety of violence,personal assault, or assassination for the success and predominanceof their ideas;

    c. Polygamists or believers in the practice of polygamy;d. Persons convicted of crimes involving moral turpitude;e. Persons suffering from mental alienation or incurable contagious

    diseases;f. 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,of the Filipinos;

    g. Citizens or subjects of nations with whom the United StatesPhilippines are at war, during the period of such war;

    h. Citizens or subjects of a foreign country other than the UniteStates 3whose laws do not grant Filipinos the right to becomnaturalized citizens or subjects thereof.

    Section 5.Declaration of intention. One year prior to the fipetition for admission to Philippine citizenship, the applicantPhilippine citizenship shall file with the Bureau of Justice4 a dunder oath that it is bona fide his intention to become a citizePhilippines. Such declaration shall set forth name, age, occu

    personal description, place of birth, last foreign residence anallegiance, the date of arrival, the name of the vessel or aircin which he came to the Philippines, and the place of residenPhilippines at the time of making the declaration. No declarabe valid until lawful entry for permanent residence has beenestablished and a certificate showing the date, place, and mhis arrival has been issued. The declarant must also state thenrolled his minor children, if any, in any of the public schooprivate schools recognized by the Office of Private EducatioPhilippines, where Philippine history, government, and civicsor prescribed as part of the school curriculum, during the entof the residence in the Philippines required of him prior to theof his petition for naturalization as Philippine citizen. Each demust furnish two photographs of himself.

    Section 6.Persons exempt from requirement to make a decintention.Persons born in the Philippines and have rec

    their primary and secondary education in public schoolsrecognized by the Government and not limited to any ranationality, and those who have resided continuously inPhilippines for a period of thirty years or more before filapplication,may be naturalized without having to make a dof intention upon complying with the otherrequirements of such requirements shall be added that which establisheapplicant has given primary and secondary education tochildren in the public schools or in private schools recothe Government and not limited to any race or nationalitsame shall be understood applicable with respect to theminor children of an alien who has declared his intention to bcitizen of the Philippines, and dies before he is actually natu

    Section 7.Petition for citizenship. Any person desiring to aPhilippine citizenship shall file with the competent court, a petriplicate, accompanied by two photographs of the petitionerforth his name and surname; his present and former places

    residence; his occupation; the place and date of his birth; whsingle or married and the father of children, the name, age, band residence of the wife and of each of the children; the apdate of his or her arrival in the Philippines, the name of the pdebarkation, and, if he remembers it, the name of the ship ocame; a declaration that he has the qualifications required bspecifying the same, and that he is not disqualified for naturaunder the provisions of this Act; that he has complied with threquirements of section five of this Act; and that he will resid

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    continuously in the Philippines from the date of the filing of the petitionup to the time of his admission to Philippine citizenship. The petitionmust be signed by the applicant in his own handwriting and besupported by the affidavit of at least two credible persons, stating thatthey are citizens of the Philippines and personally know the petitionerto be a resident of the Philippines for the period of time required by this

    Act and a person of good repute and morally irreproachable, and thatsaid petitioner has in their opinion all the qualifications necessary tobecome a citizen of the Philippines and is not in any way disqualifiedunder the provisions of this Act. The petition shall also set forth thenames and post-office addresses of such witnesses as the petitionermay desire to introduce at the hearing of the case. The certificate ofarrival, and the declaration of intention must be made part of thepetition.

    Section 8.Competent court.The Court of First Instance of theprovince in which the petitioner has resided at least one yearimmediately preceding the filing of the petition shall have exclusiveoriginal jurisdiction to hear the petition.

    Section 9.Notification and appearance.Immediately upon the filingof a petition, it shall be the duty of the clerk of the court to publish thesame at petitioner's expense, once a week for three consecutiveweeks, in the Official Gazette, and in one of the newspapers of generalcirculation in the province where the petitioner resides, and to havecopies of said petition and a general notice of the hearing posted in apublic and conspicuous place in his office or in the building where saidoffice is located, setting forth in such notice the name, birthplace andresidence of the petitioner, the date and place of his arrival in thePhilippines, the names of the witnesses whom the petitioner proposes

    to introduce in support of his petition, and the date of the hearing of thepetition, which hearing shall not be held within ninety days from thedate of the last publication of the notice. The clerk shall, as soon aspossible, forward copies of the petition, the sentence, the naturalizationcertificate, and other pertinent data to the Department of the Interior, 7the Bureau of Justice,8 the Provincial Inspector9 of the PhilippineConstabulary of the province and the justice of the peace10 of themunicipality wherein the petitioner resides.

    Section 10.Hearing of the petition.No petition shall be heard withinthe thirty days preceding any election. The hearing shall be public, andthe Solicitor-General, either himself or through his delegate or theprovincial fiscal concerned, shall appear on behalf of theCommonwealth11 of the Philippines at all the proceedings and at thehearing. If, after the hearing, the court believes, in view of the evidencetaken, that the petitioner has all the qualifications required by, andnone of the disqualifications specified in this Act and has complied withall requisites herein established, it shall order the proper naturalization

    certificate to be issued and the registration of the said naturalizationcertificate in the proper civil registry as required in section ten of ActNumbered Three thousand seven hundred and fifty-three.12

    Section 11.Appeal.The final sentence may, at the instance of eitherof the parties, be appealed to the Supreme Court.13

    Section 12.Issuance of the Certificate of Naturalization.If, after thelapse of thirty days from and after the date on which the parties werenotified of the Court, no appeal has been filed, or if, upon appeal, thedecision of the court has been confirmed by the Supreme Court,14 andthe said decision has become final, the clerk of the court which heardthe petition shall issue to the petitioner a naturalization certificate whichshall, among other things, state the following: The file number of thepetition, the number of the naturalization certificate, the signature of theperson naturalized affixed in the presence of the clerk of the court, thepersonal circumstances of the person naturalized, the dates on whichhis declaration of intention and petition were filed, the date of thedecision granting the petition, and the name of the judge who renderedthe decision. A photograph of the petitioner with the dry seal affixedthereto of the court which granted the petition, must be affixed to thecertificate.

    Before the naturalization certificate is issued, the petitioner shall, inopen court, take the following oath:

    "I, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . , solemnly swear that Irenounce absolutely and forever all allegiance and fidelity to anyforeign prince, potentate, state or sovereignty, and particularly to the . .. . . . . . . . . . . . . . . . of which at this time I am a subject or citizen; that Iwill support and defend the Constitution of the Philippines and that I willobey the laws, legal orders and decrees promulgated by the dulyconstituted authorities of the Commonwealth15 of the Philippines; [and Ihereby declare that I recognize and accept the supreme authority ofthe United States of America in the Philippines and will maintain truefaith and allegiance thereto;16 and that I impose this obligation uponmyself voluntarily without mental reservation or purpose of evasion.

    "So help me God."

    Section 13.Record books.The clerk of the court shall keep twobooks; one in which the petition and declarations of intention shall berecorded in chronological order, noting all proceedings thereof from thefiling of the petition to the final issuance of the naturalization certificate;and another, which shall be a record of naturalization certificates eachpage of which shall have a duplicate which shall be duly attested bythe clerk of the court and delivered to the petitioner.

    Section 14.Fees.The clerk of the Court of First Instance shallcharge as fees for recording a petition for naturalization and for theproceedings in connection therewith, including the issuance of thecertificate, the sum of thirty pesos.

    The Clerk of the Supreme Court17

    shall collect for each appeal and forthe services rendered by him in connection therewith, the sum oftwenty-four pesos.

    Section 15.Effect of the naturalization on wife and children.Anywoman who is now or may hereafter be married to a citizen of thePhilippines, and who might herself be lawfully naturalized shall bedeemed a citizen of the Philippines.

    Minor children of persons naturalized under this law who have beenborn in the Philippines shall be considered citizens thereof.

    A foreign-born minor child, if dwelling in the Philippines at the time ofthe naturalization of the parent, shall automatically become a Philippinecitizen, and a foreign-born minor child, who is not in the Philippines atthe time the parent is naturalized, shall be deemed a Philippine citizenonly during his minority, unless he begins to reside permanently in thePhilippines when still a minor, in which case, he will continue to be aPhilippine citizen even after becoming of age.

    A child born outside of the Philippines after the naturalization of hisparent, shall be considered a Philippine citizen, unless one year afterreaching the age of majority, he fails to register himself as a Philippinecitizen at the

    the fault of their parents either by neglecting to support them or bytransferring them to another school or schools. A certified copy of thedecree canceling the naturalization certificate shall be forwarded by theclerk of the Court to the Department of the Interior20 and the Bureau ofJustice.21

    (e) If it is shown that the naturalized citizen has allowed himself to beused as a dummy in violation of the Constitutional or legal provisionrequiring Philippine citizenship as a requisite for the exercise, use orenjoyment of a right, franchise or privilege.

    Section 19.Penalties for violation of this Act.Any person who shallfraudulently make, falsify, forge, change, alter, or cause or aid any

    person to do the same, or who shall purposely aid and assist in falselymaking, forging, falsifying, changing or altering a naturalizationcertificate for the purpose of making use thereof, or in order that thesame may be used by another person or persons, and any person whoshall purposely aid and assist another in obtaining a naturalizationcertificate in violation of the provisions of this Act, shall be punished bya fine of not more than five thousand pesos or by imprisonment for notmore than five years, or both, and in the case that the person convictedis a naturalized citizen his certificate of naturalization and theregistration of the same in the proper civil registry shall be orderedcancelled.

    Section 20.Prescription.No person shall be prosecuted, charged, orpunished for an offense implying a violation of the provisions of this

    Act, unless the information or complaint is filed within five years fromthe detection or discovery of the commission of said offense.

    Section 21.Regulation and blanks.

    The Secretary of Justice shallissue the necessary regulations for the proper enforcement of this Act.Naturalization certificate blanks and other blanks required for carryingout the provisions of this Act shall be prepared and furnished by theSolicitor-General, subject to the approval of the Secretary of Justice.

    Section 22.Repealing clause.Act Numbered Twenty-nine hundredand twenty-seven as amended by Act Numbered Thirty-four hundred

    and forty-eight, entitled "The Naturalization Law", isrepealed: Provided, That nothing in this Act shall be construany prosecution, suit, action, or proceedings brought, or anyor matter, civil or criminal, done or existing before the takingthis Act, but as to all such prosecutions, suits, actions, proceacts, things, or matters, the laws, or parts of laws repealed oby this Act are continued in force and effect.

    Section 23.Date when this Act shall take effect.This Act seffect on its approval.

    Approved, June 17, 1939.

    THE PHILIPPINE BILL OF JULY 1, 1902

    ACT OF CONGRESS OF JULY FIRST, NINETEEN HUNDRTWO, "THE PHILIPPINE BILL." AN ACT TEMPORARILY TPROVIDE FOR THE ADMINISTRATION OF THE AFFAIRSGOVERNMENT IN THE PHILIPPINE ISLANDS, AND FOR PURPOSES.

    Section 1. That the action of the President of the Unitedcreating the Philippine Commission and authorizing saidCommission to exercise the powers of government to thand in the manner and form and subject to the regulationcontrol set forth in the instructions of the President to thPhilippine Commission, dated April seventh, nineteen huand in creating the offices of Civil Governor and Vice-Gothe Philippine Islands, and authorizing said Civil GovernVice-Governor to exercise the powers of government to and in the manner and form set forth in the Executive orJune twenty-first, nineteen hundred and one, and is estafour Executive Departments of government in said Islanforth in the Act of the Philippine Commission entitled "Aproviding an organization for the Departments of the IntCommerce and Police, of Finance and Justice, and of PuInstruction," enacted September sixth, nineteen hundreis hereby approved, ratified, and confirmed, and until otprovided by law the said Islands shall continue to be gothereby and herein provided, and all laws passed hereafPhilippine Commission shall have an enacting clause as"By authority of the United States, be it enacted by the PCommission." The provisions of section eighteen hundninety-one of the Revised Statutes of eighteen hundredseventy eight shall not apply to the Philippine Islands.chanrobles virtual law library

    Future appointments of Civil Governor, Vice-Governor, mof said Commission and heads of Executive Departmenmade by the President, by and with the advice and consSenate. chanrobles virtual law library

    Sec. 2. That the action of the President of the United Staheretofore taken by virtue of the authority vested in him

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    Commander in Chief of the Army and Navy, as set forth in hisorder of July twelfth, eighteen hundred and ninety-eight, wherebya land of duties and taxes as set forth by said order was to belevied and collected at all ports and places in the PhilippineIslands upon passing into the occupation and possession of theforces of the United States, together with the subsequentamendments of said order, are hereby approved, ratified, andconfirmed, and the actions of the authorities of the Government ofthe Philippine Islands taken in accordance with the provisions ofsaid order and subsequent amendments, are hereby approved:Provided, That nothing contained in this section shall be held toamend or repeal an Act entitled "An Act temporarily to providerevenue for the Philippine Islands, and for other purposes,"approved March eighth, nineteen hundred and two.

    Sec. 3. That the President of the United States, during such timeas and whenever the sovereignty and authority of the UnitedStates encounter armed resistance in the Philippine Islands, untilotherwise provided by Congress, shall continue to regulate andcontrol commercial intercourse with and within said Islands bysuch general rules and regulations as he, in his discretion, maydeem more conducive to the public interests and the generalwelfare. chanrobles virtual law library

    Sec. 4. That all inhabitants of the Philippine Islands continuing toreside therein who were Spanish subjects on the eleventh day ofApril, eighteen hundred and ninety-nine, and then resided in thePhilippine Islands, and their children born subsequent thereto,shall be deemed and held to be citizens of the Philippine Islandsand as such entitled to the protection of the United States, except

    such as shall have elected to preserve their allegiance to theCrown of Spain in accordance with the provisions of the treaty ofpeace between the United States and Spain signed at ParisDecember tenth, eighteen hundred and ninety-eight.

    Sec. 5. That no law shall be enacted in said Islands which shalldeprive any person of life, liberty, or property without dueprocess of law, or deny to any person therein the equal protectionof the laws.

    That in all criminal prosecutions the accused shall enjoy the rightto be heard by himself and counsel, to demand the nature andcause of the accusation against him, to have a speedy and publictrial, to meet the witnesses face to face, and to have compulsoryprocess to compel the attendance of witnesses in his behalf.

    That no person shall be held to answer for a criminal offense

    without due process of law; and no person for the same offenseshall be twice put in jeopardy of punishment, nor shall becompelled in any criminal case to be a witness against himself.

    That all persons shall before conviction be bailable by sufficientsureties, except for capital offenses.

    That no law impairing the obligation of contracts shall be enacted.chanrobles virtual law library

    That no person shall be imprisoned for debt. chanrobles virtuallaw library

    That the privilege of the writ of habeas corpus shall not besuspended, unless when in cases of rebellion, insurrection, orinvasion the public safety may require it, in either of which eventsthe same may be suspended by the President, or by the Governor,with the approval of the Philippine Commission, wherever duringsuch period the necessity for such suspension shall exist.

    That no ex post facto law or bill of attainder shall be enacted.

    That no law granting a title of nobility shall be enacted, and noperson holding any office of profit or trust in said Islands, shallwithout the consent of the Congress of the United States, acceptany present, emolument, office, or title of any kind whatever fromany king, queen, prince, or foreign State.

    That excessive bail shall not be required, nor excessive finesimposed, nor cruel and unusual punishment inflicted.

    That the right to be secure against unreasonable searches andseizures shall not be violated.

    That neither slavery, nor involuntary servitude, except as a

    punishment for crime whereof the party shall have been dulyconvicted, shall exist in said Islands. chanrobles virtual lawlibrary

    That no law shall be passed abridging the freedom of speech or ofthe press, or the right of the people peaceably to assemble andpetition the Government for redress of grievances. chanroblesvirtual law library

    That no law shall be made respecting an establishment of religionor prohibiting the free exercise thereof, and that the free exerciseand enjoyment of religious profession and worship, withoutdiscrimination or preference, shall forever be allowed.

    That no money shall be paid out of the Treasury except inpursuance of an appropriation by law.

    That the rule of taxation in said Islands shall be uniform.

    That no private or local bill which may be enacted into law shallembrace more than one subject, and that subject shall beexpressed in the title of the bill.

    That no warrant shall issue but upon probable cause, supportedby oath or affirmation, and particularly describing the place to besearched and the person or things to be seized.

    That all money collected on any tax levied or assessed for aspecial purpose shall be treated as a special fund in the Treasuryand paid out for such purpose only.

    Sec. 6. That whenever the existing insurrection in the PhilippineIslands shall have ceased and a condition of general andcomplete peace shall have been established therein and the factshall be certified to the President by the Philippine Commission,the President, upon being satisfied thereof, shall order a censusof the Philippine Islands to be taken by said PhilippineCommission; such census in its inquiries relating to thepopulation shall take and make so far as practicable full report forall the inhabitants, of name, age, sex, race, or tribe, whethernative or foreign born, literacy in Spanish native dialect, orlanguage, or in English, school attendance, ownership of homes,industrial and social statistics, and such other informationseparately for each island, each province, and municipality, orother civil division, as the President and said Commission maydeem necessary: Provided, That the President may, upon therequest of said Commission, in his discretion, employ the serviceof the Census Bureau in compiling and promulgating thestatistical information above provided for, and may commit tosuch Bureau any part or portion of such labor as to him mayseem wise. chanrobles virtual law library

    Sec. 7. That two years after the completion and publication of the

    census, in case such condition of general and complete peacewith recognition of the authority of the United States shall havecontinued in the territory of said Islands not inhabited by Morosor other non-Christian tribes and such facts shall have beencertified to the President by the Philippine Commission, thePresident upon being satisfied thereof shall direct Commission tocall, and the Commission shall call, a general election for thechoice of delegates to a popular assembly of the people of saidterritory in the Philippine Islands, which shall be known as thePhilippine Assembly. After said Assembly shall have convenedand organized, all the legislative power heretofore conferred onthe Philippine Commission in all that part of said Islands notinhabited by Moros or other non-Christian tribes shall be vestedin a Legislature consisting of two Houses the PhilippineCommission and the Philippine Assembly. Said Assembly shallconsist of not less than fifty nor more than one hundred membersto be apportioned by said Commission among the provinces asnearly as practicable according to population: Provided, That no

    province shall have less than one member: And provided further,That provinces entitled by population to more than one membermay be divided into such convenient district as the saidCommission may deem best.

    Public notice of such division shall be given at least ninety daysprior to such election, and the election shall be held under rulesand regulations to be prescribed by law. The qualification of

    electors of such election shall be the same as is now prlaw in case of electors in municipal elections. The memAssembly shall hold office for two years from the first daJanuary next following their election, and their successbe chosen by the people every second year thereafter. Nshall be eligible to such election who is not a qualified ethe election district in which he may be chosen, owing ato the United States and twenty-five years of age. chanrovirtual law library

    The Legislature shall hold annual sessions, commencinfirst Monday of February in each year and continuing noexceeding ninety days thereafter (Sundays and holidays

    included); Provided, That the first meeting of the Legislabe held upon the call of the Governor within ninety daysfirst election: And provided further, That if at the terminaany session the appropriations necessary for the suppoGovernment shall not have been made, an amount equasums appropriated in the last appropriation bills for sucpurposes shall be deemed to be appropriated; and untilLegislature shall act in such behalf the Treasurer may, wadvice of the Governor, make the payments necessary fpurposes aforesaid.

    The Legislature may be called in special session at any the Civil Governor for general legislation, or for action ospecific subjects as he may designate. No special sessicontinue longer than thirty days, exclusive of Sundays.

    The Assembly shall be the judge of the elections, return

    qualifications of its members. A majority shall constitutquorum to do business, but a smaller number may adjouday to day and may be authorized to compel the attendaabsent members. It shall choose its Speaker and other oand the salaries of its members and officers shall be fixIt may determine the rule of its proceedings, punish its mfor disorderly behavior, and with the concurrence of twoexpel a member. It shall keep a journal of its proceedingshall be published, and the yeas and nays of the membequestion shall, on the demand of one-fifth of those presentered on the journal.

    Sec. 8. That at the same time with the first meeting of thPhilippine Legislature, and biennially thereafter, there shchosen by said Legislature, each House voting separateresident Commissioners to the United States, who shallentitled to an official recognition as such by all departm

    presentation to the President of a certificate of election Civil Governor of said Islands, and each of whom shall bto a salary payable monthly by the United States at the rthousand dollars per annum, and two thousand dollars to cover all expenses: Provided, That no person shall beto such election who is not a qualified elector of said Islowing allegiance to the United States, and who is not thof age. chanrobles virtual law library

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    Sec. 9. That the Supreme Court and the Courts of First Instanceof the Philippine Islands shall possess and exercise jurisdictionas heretofore provided and such additional jurisdiction as shallhereafter be prescribed by the Government of said Islands,subject to the power of said Government to change the practiceand method of procedure. The municipal courts of said Islandsshall possess and exercise jurisdiction as heretofore provided bythe Philippine Commission, subject in all matters to suchalteration and amendment as may be hereafter enacted by law;and the Chief Justice and Associate Justices of the SupremeCourt shall hereafter be appointed by the President, by and withthe advice and consent of the Senate, and shall receive thecompensation heretofore prescribed by the Commission untilotherwise provided by Congress. The judges of the Court of FirstInstance shall be appointed by the Civil Governor, by and with theadvice and consent of the Philippine Commission: Provided, Thatthe admiralty jurisdiction of the Supreme Court and Courts ofFirst Instance shall not be changed except by Act of Congress.chanrobles virtual law library

    Sec. 10. That the Supreme Court of the United States shall havejurisdiction to review, revise, reverse, modify, or affirm the finaljudgments and decrees of the Supreme Court of the PhilippineIslands in all actions, cases, causes, and proceedings nowpending therein or hereafter determined thereby in which theConstitution or any statute, treaty, title, right, or privilege of theUnited States is involved, or in causes in which the value incontroversy exceeds twenty-five thousand dollars, or in which thetitle or possession of real estate exceeding in value the sum oftwenty-five thousand dollars, to be ascertained by the oath ofeither party or of other competent witnesses, is involved or

    brought in question; and such final judgments or decrees mayand can be reviewed, revised, reversed, modified, or affirmed bysaid Supreme Court of the United States on appeal or writ of errorby the party aggrieved, in the same manner, under the sameregulations, and by the same procedure, as far as applicable, asthe final judgments and decrees of the Circuit Courts of theUnited States.

    Sec. 11. That the Government of the Philippine Islands is herebyauthorized to provide for the needs of commerce by improvingthe harbors and navigable waters of said Islands and to constructand maintain in said navigable waters and upon the shoreadjacent thereto bonded warehouses, wharves, piers, light-houses, signal and life-saving stations, buoys, and likeinstruments of commerce, and to adopt and enforce regulationsin regard thereto, including bonded warehouses wherein articlesnot intended to be imported into said Islands nor mingled with the

    property therein, but brought into a port of said Islands forreshipment to another country may be deposited in bond andreshipped to another country without the payment of customsduties or charges.

    Sec. 12. That all the property and rights which may have beenacquired in the Philippine Islands by the United States under thetreaty of peace with Spain, signed December tenth, eighteenhundred and ninety-eight, except such land or other property as

    shall be designated by the President of the United States formilitary and other reservations of the Government of the UnitedStates, are hereby placed under the control of the Government ofsaid Islands, to be administered for the benefit of the inhabitantsthereof, except as provided in this Act. chan robles virtual lawlibrary

    Sec. 13. That the Government of the Philippine Islands, subjectto the provisions of this Act and except as herein provided, shallclassify according to its agricultural character andproductiveness, and shall immediately make rules andregulations for the lease, sale, or other disposition of the publiclands other than timber or mineral lands, but such rules and

    regulations shall not go into effect or have the force of law untilthey have received the approval of the President, and whenapproved by the President they shall be submitted by him toCongress at the beginning of the next ensuing session thereofand unless disapproved or amended by Congress at said sessionthey shall at the close of such period have the force and effect oflaw in the Philippine Islands: Provided, That a single homesteadentry shall not exceed sixteen hectares in extent.

    Sec. 14. That the Government of the Philippine Islands is herebyauthorized and empowered to enact rules and regulations and toprescribe terms and conditions to enable persons to perfect theirtitle to public lands in said Islands, who, prior to the transfer ofsovereignty from Spain to the United States, had fulfilled all orsome of the conditions required by the Spanish laws and royaldecrees of the Kingdom of Spain for the acquisition of legal titlethereto, yet failed to secure conveyance of title; and the PhilippineCommission is authorized to issue patents, withoutcompensation, to any native of said Islands, conveying title to anytract of land not more than sixteen hectares in extent, which werepublic lands and had been actually occupied by such native or hisancestors prior to and on the thirteenth of August, eighteenhundred and ninety-eight.

    Sec. 15. That the Government of the Philippine Islands is herebyauthorized and empowered, on such terms as it may prescribe, bygeneral legislation, to provide for the granting or sale andconveyance to actual occupants and settlers and other citizens ofsaid Islands such parts and portions of the public domain, otherthan timber and mineral lands, of the United States in said Islandsas it may deem wise, not exceeding sixteen hectares to any oneperson and for the sale and conveyance of not more than onethousand and twenty-four hectares to any corporation orassociation of persons: Provided, That the grant or sale of suchlands, whether the purchase price be paid at once or in partial

    payments, shall be conditioned upon actual and continuedoccupancy, improvement, and cultivation of the premises sold fora period of not less than five years, during which time thepurchaser or grantee can not alienate or encumber said land orthe title thereto; but such restriction shall not apply to transfers ofrights and title of inheritance under the laws for the distribution ofthe estates of decedents.

    Sec. 16. That in granting or selling any part of the public domainunder the provisions of the last preceding section, preference inall cases shall be given to actual occupants and settlers; andsuch public lands of the United States in the actual possession oroccupancy of any native of the Philippine Islands shall not besold by said Government to any other person without the consentthereto of said prior occupant or settler first had and obtained:Provided, That the prior right hereby secured to an occupant ofland, who can show no other proof of title than possession, shallnot apply to more than sixteen hectares in any one tract.chanrobles virtual law library

    Sec. 17. That timber, trees, forests, and forest products on lands

    leased or demised by the Government of the Philippine Islandsunder the provisions of this Act shall not be cut, destroyed,removed, or appropriated except by special permission of saidGovernment and under such regulations as it may prescribe.

    All moneys obtained from lease or sale of any portion of thepublic domain or from licenses to cut timber by the Governmentof the Philippine Islands shall be covered into the InsularTreasury and be subject only to appropriation for insularpurposes according to law.

    Sec. 18. That the forest laws and regulations now in force in thePhilippine Islands, with such modifications and amendments asmay be made by the Government of said Islands, are herebycontinued in force, and no timber lands forming part of the publicdomain shall be sold, leased, or entered until the Government ofsaid Islands, upon the certification of the Forestry Bureau that

    said lands are more valuable for agriculture than for forest uses,shall declare such lands so certified to be agricultural incharacter: Provided, That the said Government shall have theright and is hereby empowered to issue licenses to cut, harvest,or collect timber or other forest products on reserved orunreserved public lands in said Islands in accordance with theforest laws and regulations hereinbefore mentioned and under theprovisions of this Act, and the said Government may lease land toany person or persons holding such licenses, sufficient for a millsite, not to exceed four hectares in extent, and may grant rights ofway to enable such person or persons to get access to the landsto which such licenses apply.

    Sec. 19. That the beneficial use shall be the basis, the measure,and the limit of all rights to water in said Islands, and theGovernment of said Islands is hereby authorized to make suchrules and regulations for the use of water, and to make such

    reservations of public lands for the protection of the water supply,and for other public purposes not in conflict with the provisionsof this Act, as it may deem best for the public good.

    Sec. 20. That in all cases public lands in the Philippine Islandsvaluable for minerals shall be reserved from sale, except asotherwise expressly directed by law.

    Sec. 21. That all valuable mineral deposits in public lanPhilippine Islands, both surveyed and unsurveyed, are hdeclared to be free and open to exploration, occupationpurchase, and the land in which they are found to occuppurchase, by citizens of the United States, or of said IslaProvided, That when on any lands in said Islands entereoccupied as agricultural lands under the provisions of tbut not patented, mineral deposits have been found, theof such mineral deposits is hereby forbidden until the passociation, or corporation who or which has entered anoccupying such lands shall have paid to the GovernmenIslands such additional sum or sums as will make the toamount paid for the mineral claim or claims in which sadeposits are located equal to the amount charged by theGovernment for the same as mineral claims. chanrobleslaw library

    Sec. 22. That mining claims upon land containing veinof quartz or other rock in place bearing gold, silver, cinnlead, tin, copper, or other valuable deposits, located aftepassage of this Act, whether located by one or more pequalified to locate the same under the preceding sectionlocated in the following manner and under the followingconditions: Any person so qualified desiring to locate aclaim shall, subject to the provisions of this Act with resland which may be used for mining, enter upon the samelocate a plot of ground measuring, where possible, but nexceeding, one thousand feet in length by one thousandbreadth, in as nearly as possible a rectangular form; thasay: All angles shall be right angles, except in cases whboundary line of a previously surveyed claim is adopted

    common to both claims, but the lines need not necessarmeridional. In defining the size of a mineral claim, it shameasured horizontally, irrespective of inequalities of theof the ground.

    Sec. 23. That a mineral claim shall be marked by two poplaced as nearly as possible on the line of the ledge or vthe posts shall be numbered one and two, and the distabetween posts numbered one and two shall not exceed thousand feet, the line between posts numbered one anbe known as the location line; and upon posts numberetwo shall be written the name given to the mineral claimof the locator, and the date of the location. Upon post nuone there shall be written, in addition to the foregoing, "post," the approximate compass bearing of post numbeand a statement of the number of feet lying to the right aleft of the line from post numbered one to post numbere

    thus: "Initial post Direction of post numbered two _____of this claim lie on the right and ____________ feet on ththe line from number one to number two post." All the prequired to be put on number one and number two postsfurnished by the locator to the provincial secretary, or sofficer as by the Philippine Government may be describmining recorder, in writing, at the time the claim is recoshall form a part of the record of the sum claim.

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    Sec. 24. That when a claim has been located the holder shallimmediately mark the line between posts numbered one and twoso that it can be distinctly seen. The locator shall also place apost at the point where he has found minerals in place, on whichshall be written "Discovery post:" Provided, That when the claimis surveyed the surveyor shall be guided by the records of theclaim, the sketch plan on the back of the declaration made by theowner when the claim was recorded, posts numbered one andtwo, and the notice on number one, initial post. chanrobles virtuallaw library

    Sec. 25.That it shall not be lawful to move number one post, butnumber two post may be moved by the deputy mineral surveyor

    when the distance between posts numbered one and two exceedsone thousand feet, in order to place number two post onethousand feet from number one post on the line of location. Whenthe distance between posts numbered one and two is less thanone thousand feet the deputy mineral surveyor shall have noauthority to extend the claim beyond number two.

    Sec. 26. That the "location line" shall govern the direction of oneside of the claim, upon which the survey shall be extendedaccording to this Act.

    Sec. 27. That the holder of a mineral claim shall be entitled to allminerals which may lie within his claim, but he shall not beentitled to mine outside the boundary lines of his claim continuedvertically downward: Provided, That this Act shall not prejudicethe rights of claim owners nor claim holders whose claims havebeen located under existing laws prior to this Act.

    Sec. 28. That no mineral claim of the full size shall be recordedwithout the application being accompanied by an affidavit madeby the applicant or some person on his behalf cognizant of thefacts that the legal notices and posts have been put up; thatmineral has been found in place on the claim proposed to berecorded; that the ground applied for is unoccupied by any otherperson. In the said declaration shall be set out the name of theapplicant and the date of the location of the claim. The wordswritten on the number one and number two posts shall be set outin full, and as accurate a description as possible of the position ofthe claim given with reference to some natural object orpermanent monuments.

    Sec. 29. That no mineral claim which at the date of its record isknown by the locator to be less than a full-sized mineral claimshall be recorded without the word "fraction" being added to the

    name of the claim, and the application being accompanied by anaffidavit or solemn declaration made by applicant or some personon his behalf cognizant of the facts: That the legal posts andnotices have been put up; that mineral has been found in place onthe fractional claim proposed to be recorded; that the groundapplied for is unoccupied by any other person. In the saiddeclaration shall be set out the name of the applicant and the dateof the location of the claim. The words written on the postsnumbered one and two shall be set out in full, and as accurate a

    description as possible of the position of the claim given. Asketch plan shall be drawn by the applicant on the back of thedeclaration, showing as near as may be the position of theadjoining mineral claims and the shape and size, expressed infeet, of the claim or fraction desired to be recorded: Provided,That the failure on the part of the locator of a mineral claim tocomply with any of the foregoing provisions of this section shallnot be deemed to invalidate such location, if upon the facts itshall appear that such locator has actually discovered mineral inplace on said location, and that there has been on his part a bonafide attempt to comply with the provisions of this Act, and that thenonobservance of the formalities hereinbefore referred to is not ofa character calculated to mislead other persons desiring to locateclaims in the vicinity.

    Sec. 30. That in cases where, from the nature or shape of theground, it is impossible to mark the location line of the claim asprovided by this Act, then the claim may be marked by placingposts as nearly as possible to the location line, and noting thedistance and direction such posts may be from such location line,which distance and direction shall be set out in the record of theclaim.

    Sec. 31. That every person locating a mineral claim shall recordthe same with the provincial secretary or such other officer as bythe Government of the Philippine Islands may be described asmining recorder of the district within which the same is situated,within thirty days after the location thereof. Such record shall bemade in a book to be kept for the purpose in the office of the saidprovincial secretary or such other officer as by said Governmentdescribed as mining recorder, in which shall be inserted the nameof the claim, the name of each locator, the locality of the mine, thedirection of the location line, the length in feet, the date oflocation, and the date of the record. A claim which shall not havebeen recorded within the prescribed period shall be deemed tohave been abandoned.

    Sec. 32. That in case of any dispute as to the location of a mineralclaim the title to the claim shall be recognized according to thepriority of such location, subject to any question as to the validityof the record itself and subject to the holder having complied withall the terms and conditions of this Act.

    Sec. 33. That no holder shall be entitled to hold in his, its or theirown name or in the name of any other person, corporation orassociation more than one mineral claim on the same vein orlode.

    Sec. 34. That a holder may at any time abandon any mineralclaim by giving notice, in writing, or such intention to abandon, tothe provincial secretary or such other officer as by theGovernment of the Philippine Islands may be described as miningrecorder; and from the date of the record of such notice all hisinterest in such claim shall cease.

    Sec. 35. That proof of citizenship under the clauses of this Actrelating to mineral lands may consist in the case of an individual,of his own affidavit thereof; in the case of an association ofpersons unincorporated, of the affidavit of their authorized agentmade on his own knowledge or upon information and belief, andin case of a corporation organized under the laws of the U nitedStates, or of any State or Territory thereof, or of the PhilippineIslands, by the filing of a certified copy of their charter orcertificate of incorporation.

    Sec. 36. That the United States Philippine Commission or itssuccessors may make regulations, not in conflict with theprovision of this Act, governing the location, manner of recording,

    and amount of work necessary to hold possession of a miningclaim, subject to the following requirements:

    On each claim located after the passage of this Act, and until apatent has been issued therefor, not less than one hundreddollars' worth of labor shall be performed or improvements madeduring each year: Provided, That upon a failure to comply withthese conditions the claim or mine upon which such failureoccurred shall be open to relocation in the same manner as if nolocation of the same had ever been made, provided that theoriginal locators, their heirs, assigns, or legal representativeshave not resumed work upon the claim after failure and beforesuch location. Upon the failure of any one of several co-owners tocontribute his proportion of the expenditures required thereby,the co-owners who have performed the labor or made theimprovements may, at the expiration of the year, give suchdelinquent co-owner personal notice in writing or notice bypublication in the newspaper published nearest the claim, and intwo newspapers published at Manila, one in the English languageand the other in the Spanish language, to be designated by theChief of the Philippine Insular Bureau of Public Lands, for at leastonce a week for ninety days, and, if at the expiration of ninetydays after such notice in writing or by publication suchdelinquent shall fail or refuse to contribute his proportion of theexpenditure required by this section his interest in the claim shallbecome the property of his co-owners who have made therequired expenditures. The period within which the work requiredto be done annually on all unpatented mineral claims shallcommence on the first day of January succeeding the date oflocation of such claim. chanrobles virtual law library

    Sec. 37. That a patent for any land claimed and located forvaluable mineral deposits may be obtained in the followingmanner: Any person, association, or corporation authorized tolocate a claim under this Act, having claimed and located a piece

    of land for such purposes, who has or have complied with theterms of this Act may file in the office of the provincial secretary,or such other officer as by the Government of said Islands may bedescribed as mining recorder of the province wherein the landclaimed is located, an application for a patent, under oathshowing such compliance, together with a plat and field notes ofthe claim or claims in common, made by or under the direction ofthe Chief of the Philippine Insular Bureau of Public Lands,showing accurately the boundaries of the claim, which shall be

    distinctly marked by monuments on the ground, and shcopy of such plat, together with a notice of such applicapatent, in a conspicuous place on the land embraced in previous to the filing of the application for a patent, and an affidavit of at least two persons that such notice hasposted, and shall file a copy of the notice in such office,thereupon be entitled to a patent for the land, in the manfollowing: The provincial secretary, or such other officePhilippine Government may be described as mining recupon the filing of such application, plat, field notes, notiaffidavits, shall publish a notice that such an applicationmade, once a week for the period of sixty days, in a newbe by him designated as nearest to such claim and in twnewspapers published at Manila, one in the English lang

    one in the Spanish language, to be designated by the ChPhilippine Insular Bureau of Public Lands; and he shall such notice in his office for the same period. The claimatime of filing this application, or at any time thereafter wsixty days of publication, shall file with the provincial sesuch other officer as by the Philippine Government maydescribed as mining recorder a certificate of the Chief oPhilippine Insular Bureau of Public Lands that five hunddollars' worth of labor has been expended or improvemeupon the claim by himself or grantors; that the plat is cosuch further description by such reference to natural obpermanent monuments as shall identify the claim, and faccurate description to be incorporated in the patent. Atexpiration of the sixty days of publication the claimant shis affidavit, showing that the plat and notice have beena conspicuous place on the claim during such period ofpublication. If no adverse claim shall have been filed witprovincial secretary or such other officer as by the Govesaid Islands may be described as mining recorder at theexpiration of the sixty days of publication, it shall be assthat the applicant is entitled to a patent upon the paymenprovincial treasurer or the collector of internal revenue odollars per acre and that no adverse claim exists, and thno objection from third parties to the issuance of a pateheard, except it be shown that the applicant has failed towith the terms of this Act: Provided, That where the claipatent is not a resident of or within the province whereicontaining the vein, ledge, or deposit sought to be patenlocated, the application for patent and the affidavits reqmade in this section by the claimant for such patent maby his, her, or its authorized agent where said agent is cwith the facts sought to be established by said affidavit

    Sec. 38. That applicants for mineral patents, if residingthe limits of the province or military department wherein

    is situated, may make the oath or affidavit required for pcitizenship before the clerk of any court of record, or benotary public of any province of the Philippine Islands, oother official in said Islands authorized by law to adminioaths.

    Sec. 39. That where an adverse claim is filed during thepublication it shall be upon oath of the person or perso

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    the same, and shall show the nature, boundaries, and extent ofsuch adverse claim, and all proceedings, except the publication ofnotice and making and filing of the affidavits thereof, shall bestayed until the controversy shall have been settled or decided bya court of competent jurisdiction or the adverse claim waived. Itshall be the duty of the adverse claimant, within thirty days afterfiling his claim, to commence proceedings in a court of competent

    jurisdiction to determine the question of the right of possession,and prosecute the same with reasonable diligence to final

    judgment, and a failure so to do shall be a waiver of his adverseclaim. After such judgment shall have been rendered the partyentitled to the possession of the claim, or any portion thereof,may, without giving further notice, file a certified copy of the

    judgment roll with the provincial secretary or such other officer as

    by the Government of the Philippine Islands may be described asmining recorder, together with the certificate of the Chief of thePhilippine Insular Bureau of Public Lands that the requisiteamount of labor has been expended or improvements madethereon, and the description required in other cases, and shallpay to the provincial treasurer or the collector of internal revenueof the province in which the claim is situated, as the case may be,five dollars per acre for his claim, together with the proper fees,whereupon the whole proceedings and the judgment roll shall becertified by the provincial secretary or such other officer as bysaid Government may described as mining recorder to theSecretary of the Interior of the Philippine Islands, and a patentshall issue thereon for the claim, or such portion thereof as theapplicant shall appear, from the decision of the court, rightly topossess. The adverse claim may be verified by the oath of anyduly authorized agent or attorney in fact of the adverse claimantcognizant of the facts stated; and the adverse claimant, if residingor at the time being beyond the limits of the province wherein theclaim is situated, may make oath to the adverse claim before theclerk of any court of record, or any notary public of any provinceor military department of the Philippine Islands, or any otherofficer authorized to administer oaths where the adverse claimantmay then be. If it appears from the decision of the court thatseveral parties are entitled to separate and different portions ofthe claim, each party may pay for his portion of the claim, with theproper fees, and file the certificate and description by the Chief ofthe Philippine Insular Bureau of Public Lands, whereupon theprovincial secretary or such other officer as by the Government ofsaid Islands may be described as mining recorder shall certify theproceedings and judgment roll to the Secretary of the Interior forthe Philippine Islands, as in the preceding case, and patents shallissue to the several parties according to their respective rights. Ifin any action brought pursuant to this section, title to the groundin controversy shall not be established by either party, the courtshall so find, and judgment shall be entered accordingly. In suchcase costs shall not be allowed to either party, and the claimantshall proceed in the office of the provincial secretary or suchother officer as by the Government of said Islands may bedescribed as mining recorder or be entitled to a patent for theground in controversy until he shall have perfected his title.Nothing herein contained shall be construed to prevent thealienation of a title conveyed by a patent for a mining claim to anyperson whatever.

    Sec. 40. That the description of mineral claims upon surveyedlands shall designate the location of the claim with reference tothe lines of the public surveys, but need not conform therewith;but where a patent shall be issued for claims upon unsurveyedlands, the Chief of the Philippine Insular Bureau of Public Landsin extending the surveys shall adjust the same to the boundariesof such patented claim according to the plat or descriptionthereof, but so as in no case to interfere with or change thelocation of any patented claim.

    Sec. 41. That any person authorized to enter lands under this Actmay enter and obtain patent to lands that are chiefly valuable forbuilding stone under the provisions of this Act relative to placer

    mineral claims.chanrobles virtual law library

    Sec. 42. That any person authorized to enter lands under this Actmay enter and obtain patent to lands containing petroleum orother mineral oils and chiefly valuable therefor under theprovisions of this Act relative to parcel mineral claims.

    Sec. 43. That no location of a placer claim shall exceed sixty-fourhectares for any association of persons, irrespective of thenumber of persons composing such association, and no suchlocation shall include more than eight hectares for an individualclaimant. Such locations shall conform to the laws of the UnitedStates Philippine Commission, or its successors, with referenceto public surveys, and nothing in this section contained shalldefeat or impair any bona fide ownership of land for agriculturalpurposes or authorize the sale of the improvements of any bonafide settler to any purchase.

    Sec. 44. That where placer claims are located upon surveyedlands and conform to legal subdivisions, further survey or platshall be required, and all placer mining claims located after thedate of passage of this Act shall conform as nearly as practicableto the Philippine system of public-land surveys and the regularsubdivision of such surveys; but where placer claims can not beconformed to legal subdivisions, survey and plat shall be made ason unsurveyed lands; and where by the segregation of minerallands in any legal subdivision a quantity of agricultural land lessthan sixteen hectares shall remain, such fractional portion ofagricultural land may be entered by any party qualified by law forhomestead purposes.

    Sec. 45. That where such person or association, they and theirgrantors have held and worked their claims for a period equal tothe time prescribed by the statute of limitations of the Philippine

    Islands, evidence of such possession and working of the claimsfor such period shall be sufficient to establish a right to a patentthereto under this Act, in the absence of any adverse claim; butnothing in this Act shall be deemed to impair any lien which mayhave attached in any way whatever prior to the issuance of apatent.

    Sec. 46. That the Chief of the Philippine Insular Bureau of PublicLands may appoint competent deputy mineral surveyors tosurvey mining claims. The expenses of the survey of vein or lodeclaims and of the survey of placer claims, together with the costof publication of notices, shall be paid by the applicants, and theyshall be at liberty to obtain the same at the most reasonable rates,and they shall also be at liberty to employ any such deputymineral surveyor to make the survey. The Chief of the PhilippineInsular Bureau of Public Lands shall also have power to establishthe maximum charges for surveys and publication of noticesunder this Act; and in case of excessive charges for publicationhe may designate any newspaper published in a province wheremines are situated, or in Manila, for the publication of miningnotices and fix the rates to be charged by such paper; and to the

    end that the Chief of the Bureau of Public Lands may be fullyinformed on the subject such applicant shall file with theprovincial secretary, or such other officer as by the Governmentof the Philippine Islands may be described as mining recorder, asworn statement of all charges and fees paid by such applicantfor publication and surveys, and of all fees and money paid theprovincial treasurer or the collector of internal revenue, as thecase may be, which statement shall be transmitted, with the otherpapers in the case, to the Secretary of the Interior for thePhilippine Islands.

    Sec. 47. That all affidavits required to be made under this Actmay be verified before any officer authorized to administer oathswithin the province or military department where the claims maybe situated, and all testimony and proofs may be taken before anysuch officer, and, when duly certified by the officer taking thesame, shall have the same force and effect as if taken before the

    proper provincial secretary or such other officer as by theGovernment of the Philippine Islands may be described as miningrecorder. In cases of contest as to the mineral or agriculturalcharacter of land the testimony and proofs may be taken asherein provided on personal notice of at least ten days to theopposing party; or if such party can not be found, then bypublication at least once a week for thirty days in a newspaper tobe designated by the provincial secretary or such other officer asby said Government may be described as mining recorderpublished nearest to the location of such land and in twonewspapers published in Manila, one in the English language andone in the Spanish language, to be designated by the Chief of thePhilippine Insular Bureau of Public Lands; and the provincialsecretary or such other officer as by said Government may bedescribed as mining recorder shall require proofs that suchnotice has been given.

    Sec. 48. That where nonmineral land not contiguous to the veinor lode is used or occupied by the proprietor of such vein or lodefor mining or milling purposes, such nonadjacent surface groundmay be embraced and included in an application for a patent forsuch vein or lode, and the same may be patented therewith,subject to the same preliminary requirements as to survey andnotice as are applicable to veins or lodes; but no location of suchnonadjacent land shall exceed two