Законодательная натурализация (специальный акт Конгресса)
Гражданство в стране Philippines
- Право на участие
- Конгресс может напрямую предоставить филиппинское гражданство конкретному лицу специальным законодательным актом (редко; конституционно разрешено в соответствии с правом натурализации).
- Отказ от гражданства
- Не требуется
Обзор
Legislative naturalization is the third recognized mode of naturalization in Philippine law: the direct conferral of Philippine citizenship on a named individual by a special act of the legislature. The Supreme Court enumerates it expressly in So v. Republic, G.R. No. 170603 (Jan. 29, 2007): "Under current and existing laws, there are three ways by which an alien may become a citizen by naturalization: (a) administrative naturalization pursuant to R.A. No. 9139; (b) judicial naturalization pursuant to C.A. No. 473, as amended; and (c) legislative naturalization in the form of a law enacted by Congress bestowing Philippine citizenship to an alien." PH-NAT-03 is that third mode.
Legal character: unlike the judicial route (CA 473, route PH-NAT-01) and the administrative route (RA 9139, route PH-NAT-02), legislative naturalization is not governed by a general qualifying statute with a fixed checklist of requirements, a designated forum, or a standard procedure. Instead, it is an exercise of the plenary legislative power of Congress, anchored constitutionally in the 1987 Constitution, Article IV, Section 1(4), which counts as citizens "Those who are naturalized in accordance with law" - a special law conferring citizenship on a named person being one "law" within that clause. The mechanism is also reflected, in the reacquisition context, in Commonwealth Act No. 63, Section 2(3), which lists reacquisition of citizenship "By direct act of the National Assembly" (the 1935-era legislature, now the Congress of the Philippines). A legislative grant confers naturalized status, not natural-born status, under the two-class scheme of the 1987 Constitution (Bengson III v. HRET). The power survives as of 2026, but it is exceptional and seldom exercised, the ordinary modes being judicial and administrative naturalization.
Кто имеет право
There is no statutory eligibility checklist for legislative naturalization. Because the mode is an exercise of the legislative power itself, the qualifications - if any - are those the special act chooses to recite; Congress is not bound by the sec. 2 qualifications of CA 473 or the sec. 3 qualifications of RA 9139 when it acts by special law, although it may of course require them. As So v. Republic frames it, the judicial and administrative routes carry "the prescribed qualifications and disqualifications" set out in their respective statutes, whereas legislative naturalization is simply "a law enacted by Congress bestowing Philippine citizenship to an alien."
In practical and historical terms, the mode has been reserved for individuals of demonstrated merit or notable service to the Republic, where the ordinary modes are unavailable or inadequate. Because there is no general qualifying statute, any attempt to state fixed eligibility criteria beyond "the beneficiary named in, and meeting the terms of, the special act" would be inference rather than primary-grounded law; the specific qualifications are therefore determined act-by-act. The constitutional outer limit is that the grant must be "in accordance with law" (1987 Const. Art. IV sec. 1(4)) - i.e., embodied in a duly enacted statute - and that it confers naturalized, not natural-born, status. (Temporal note: this framework reflects the law as of 2026; no general legislative-naturalization qualifying statute has been enacted.)
Документы
There is no general statutory documentary checklist for legislative naturalization, because the mode is not administered through an application process before a court or committee. The "evidence" relevant to a legislative grant is whatever Congress considers in the course of acting on the bill - typically materials establishing the beneficiary's identity, history of residence or service, and good character, examined in committee. The specific documents are therefore determined by the special act and the legislative committee process, not by a general naturalization statute. Any enumerated documentary list would be illustrative only and is treated as (not grounded in a decoded general statute) and confirmatory rather than load-bearing. As of 2026, the controlling point is that the grant is documented by, and embodied in, the enacted special law itself.
Как подать заявление
The competent authority is Congress itself - the legislature, not a court or an administrative committee. The "procedure" is the ordinary legislative process: a bill conferring citizenship on the named beneficiary is filed, referred to committee, deliberated and passed by both the Senate and the House of Representatives, and then presented to the President for approval (or enacted over a veto). The resulting special law takes effect according to its own effectivity clause. There is no declaration of intention, no publication-and-hearing regime, no character-witness requirement, and no two-year probation of the kind that CA 473/RA 530 impose on the judicial route, nor the Special Committee review of the RA 9139 administrative route - those statutory mechanisms govern only their own modes (So v. Republic: each statutory route carries "the prescribed qualifications and disqualifications").
Because the mode is an act of legislation, any procedural safeguards (committee scrutiny, public deliberation, and the President's approval) are those internal to the legislative process rather than a standalone naturalization procedure. The oath of allegiance and renunciation of foreign allegiance that characterize the other naturalization modes would typically attach by the terms of the special act or by general principle, but their precise form is set by the act itself and is not fixed by a general statute (see Conditions). This procedural description reflects the constitutional structure as of 2026; specific procedural details are determined by the special act in each instance.
Сроки
The timeline for legislative naturalization is governed by the legislative calendar, not by a statutory clock. A citizenship bill advances at the pace of the ordinary legislative process - filing, committee referral and hearings, floor deliberation and passage in both chambers, and presentation to the President - and there is no statutory minimum waiting period or probation comparable to the RA 530 two-year probation that overlays the judicial route, nor the fixed 15/30/60-day administrative deadlines of RA 9139. Citizenship vests according to the effectivity clause of the special act. In practice the mode is indeterminate in duration and depends entirely on legislative priorities; its rarity reflects that the ordinary judicial and administrative modes serve the great majority of cases. This reflects the position as of 2026.
Правовая основа
Constitutional anchor. The 1987 Constitution, Article IV, Section 1(4) (PH-PRIMARY-01) provides that the citizens of the Philippines include "Those who are naturalized in accordance with law." A special act of Congress conferring citizenship on a named individual is "law" within this clause, supplying the constitutional basis for the mode.
Statutory reflection. Commonwealth Act No. 63, Section 2(3) (PH-PRIMARY-05), in enumerating how lost citizenship may be regained, lists: "Citizenship may be reacquired:.. (3) By direct act of the National Assembly." The "National Assembly" is the unicameral legislature under the 1935 Constitution (CA 63 was enacted in 1936); under the 1987 Constitution the legislative power is vested in the bicameral Congress of the Philippines, which now exercises this "direct act" authority. While CA 63 sec. 2(3) speaks of reacquisition by a former Filipino, it confirms the legislature's recognized competence to confer or restore citizenship by direct enactment, the same competence that underlies original legislative naturalization of an alien.
Jurisprudential confirmation. So v. Republic (2007) supplies the operative holding (PH-PRIMARY-27): legislative naturalization is one of three modes, "in the form of a law enacted by Congress bestowing Philippine citizenship to an alien." These three sources - the constitutional naturalization clause, the CA 63 sec. 2(3) "direct act" provision, and the So enumeration - are the primary basis for PH-NAT-03 as of 2026; there is no separate general procedural statute.
Примеры сценариев
Примеры сценариев приведены на английском языке.
Congress may directly confer Philippine citizenship on her by a special act — legislative naturalization — one of the three recognized naturalization modes; it is rare and discretionary.
So v. Republic (G.R. No. 170603 (2007)) enumerates three modes: administrative (RA 9139), judicial (CA 473), and 'legislative naturalization in the form of a law enacted by Congress bestowing Philippine citizenship to an alien.' The power rests on 1987 Const. Art. IV §1(4) ('naturalized in accordance with law') and CA 63 §2(3) ('by direct act of the National Assembly'). It confers naturalized, not natural-born, status.
Legislative naturalization is not an ordinary, applicant-driven route — it is a rare, discretionary act of Congress for exceptional cases; an ordinary applicant must use judicial (CA 473) or administrative (RA 9139) naturalization.
Legislative naturalization is the third mode (So v. Republic) but is exercised by Congress at its discretion for named individuals (CA 63 §2(3); 1987 Const. Art. IV §1(4)); there is no entitlement to it. An ordinary resident's realistic paths are CA 473 (judicial) or, if native-born and resident since birth, RA 9139 (administrative).
Информационная сводка, составленная по первичным правовым источникам, — не является юридической консультацией. Законы о гражданстве меняются; проверьте в компетентном органе, прежде чем действовать. Последняя проверка: 2026-06-30.
Следите за изменениями по этому пути
Правила происхождения и натурализации меняются. Мы пришлём вам письмо понятным языком, когда обновится что-либо, влияющее на Philippines, — без спама.