"The civil rights and political status of the native inhabitants of the territories hereby ceded to the United States shall be determined by the Congress" (30 Stat. 1754; Treaty Series, No. 343; Malloy, Treaties, II, 1690).

Law of the United States of August 29, 1916

SEC. 2. That all inhabitants of the Philippine Islands who were Spanish subjects on the eleventh day of April, eighteen hundred and ninety-nine, and then resided in said islands, and their children born subsequent thereto, shall be deemed and held to be citizens of the Philippine Islands, except such as shall have elected to preserve their allegiance to the Crown of Spain in accordance with the provisions of the treaty of peace between the United States and Spain, signed at Paris December tenth, eighteen hundred and ninety-eight, and except such others as have since become citizens of some other country: Provided, That the Philippine Legislature, herein provided for, is hereby authorized to provide by law for the acquisition of Philippine citizenship by those natives of the Philippine Islands who do not come within the foregoing provisions, the natives of the insular possessions of the United States, and such other persons residing in the Philippine Islands who are citizens of the United States, or who could become citizens of the United States under the laws of the United States if residing therein (39 Stat. 546; U. S. C., title 48, sec. 1002).

Naturalization Law of the Philippine Islands of March 26, 1920

SECTION 1. Who may become Philippine citizens.-Philippine citizenship may be acquired by: (a) natives of the Philippines who are not citizens thereof under the Jones Law; (b) natives of the other Insular possessions of the United States; (c) citizens of the United States, or foreigners who under the laws of the United States may become citizens of said country if residing therein.

SEC. 2. Who are disqualified.-The following can not be naturalized as Philippine citizens: (a) Persons opposed to organized government or affiliated with any association or group of persons who uphold and teach doctrines opposing all organized government; (b) persons defending or teaching the necessity or propriety of violence, personal assault, or assassination for the success and predominance of 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) citizens or subjects of nations with whom the United States and the Philippines are at war, during the period of such war.

SEC. 3. Qualifications.—The persons comprised in subsection (a) of section one of this Act, in order to be able to acquire Philippine citizenship, must be not less than twenty-one years of age on the day of the hearing of their petition.

The persons comprised in subsections (b) and (c) of said section one shall, in addition to being not less than twenty-one years of age on the day of the hearing of the petition, have all and each of the following qualifications:

First. Residence in the Philippine Islands for a continuous period of not less than five years, except as provided in the next following section;

Second. To have conducted themselves in a proper and irreproachable manner during the entire period of their residence in the Philippine Islands, in their relations with the constituted government as well as with the community in which they are living;

Third. To hold in the Philippine Islands real estate worth not less than one thousand pesos, Philippine currency, or have some known trade or profession; and

Fourth. To speak and write English, Spanish, or some native tongue.

In case the petitioner is a foreign subject, he shall, besides, declare in writing and under oath his intention of renouncing absolutely and perpetually all faith and allegiance to the foreign authority, state or sovereignty of which he was a native, citizen, or subject.

SEC. 4. Special qualifications.-The five years of continuous residence required under the first condition of the last preceding section shall be understood as being reduced to two years for any petitioner having any of the following qualifications: First, having honorably held office under the Government of the Philippine Islands or under that of any of the provinces, municipalities, or political subdivision of said Islands; second, having established a new industry or introduced a useful invention in the Philippines; third, being a ralroad contractor, constructor, or director in any part of the Philippines; fourth, being

married to a Filipino woman; fifth, having been engaged as a teacher in the Philippines of any of the branches of education or industry for a period of not less than two years.

SEC. 5. Petition for citizenship.-Any person desiring to acquire Philippine citizenship shall file with the competent Court a petition setting forth his name and surname; his present and former places of residence; his occupation; the place and date of his birth; whether single or married; and, if married and the father of children, the name, age, birthplace, and residence of the wife and of each of the children; if he is not a native of the Philippines, the approximate date of his arrival in the Islands, the name of the port of debarkation, and, if he remembers it, the name of the ship on which he came; a declaration that he has the qualifications required by this Act, specifying the same, and that he is not disqualified for naturalization under the provisions of this Act. If the petitioner is a native of the Philippine Islands and has been naturalized in a foreign country, he shall state the date of his return to the Philippines. The petition must be supported by the affidavit of at least two persons, stating that they are citizens of the Philippine Islands and personally know the petitioner to be a resident of the Islands and a person of good repute and morally irreproachable, and that said petitioner has in their opinion all the qualifications necessary to become a citizen of the Philippine Islands. The petition shall also set forth the names and post-office addresses of such witnesses as the petitioner may desire to introduce at the hearing of the case.

SEC. 6. Competent court.-The Court of First Instance of the province or district in which the petitioner resides shall have exclusive original jurisdiction, and the Supreme Court of the Philippine Islands appellate jurisdiction, as to the hearing of petitions for naturalization.

SEC. 7. Notification and appearance.—Immediately upon the filing of a petition, it shall be the duty of the clerk of the Court to publish the same at petitioner's expense, once a week for three consecutive weeks, in the OFFICIAL GAZETTE, and to have copies of said petition and a general notice of the hearing posted in a public and conspicuous place in his office or in the building where said office is located, setting forth in such notice the name, birthplace, and residence of the petitioner, the date and place of his arrival in the Philippine Islands, the names of the witnesses whom the petitioner proposes to introduce in support of his petition, and the date of the final hearing on the petition, which hearing shall be held after sixty days from the date of the last publication of the notice in the OFFICIAL GAZETTE. The clerk shall, as soon as possible, forward copies of the petition, the sentence, the naturalization certificate, and other pertinent data to the Department of the Interior: Provided, however, That as regards the notice and publication in the OFFICIAL GAZETTE, and the period within which the petition must be heard, this section shall not be applicable to the persons comprised in subsection (a) of section one.

SEC. 8. Hearing of the petition.-No petition, except that of the persons mentioned in subsection (a) of section one, which may be heard immediately, shall be heard within the thirty days preceding any election. The hearing shall be public, and the Attorney General, either himself or through his delegate or the provincial fiscal concerned, shall appear on behalf of the Government of the Philippine Islands at all the proceedings and at the hearing. If, after the hearing, the Court believes, in view of the evidence taken, that the petitioner has all the qualifications required by this Act and has complied with all requisites herein established, it shall order the proper naturalization certificate to be issued.

SEC. 9. Appeal.-The final sentence may, at the request of either of the parties, be carried to the Supreme Court for revision in the form provided in section one hundred and forty-three and following sections of the Code of Civil Procedure. SEC. 10. Issuance of the certificate of naturalization.—If, after the lapse of thirty days from and after the date on which the parties were notified of the decision of the Court, no appeal has been filed, or if, upon appeal, the decision of the Court has been confirmed by the Supreme Court, the clerk of the Court which heard the petition shall issue to the petitioner a naturalization certificate which shall, among other things, state the following: The file number of the petition, the number of the naturalization certificate, the signature of the person naturalized, affixed in the presence of the clerk of the court, the personal circumstances of the person naturalized, the date on which his petition was filed, the date of the decision granting the petition, and the name of the judge who rendered the decision.

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

"I,

solemnly swear that I renounce all faith and allegiance to the prince, authority, state or sovereignty (giving name) whose subject I am; that I recognize and accept the supreme authority of the United States of America in the Philippine Islands and will maintain true faith and allegiance thereto; that I will obey the laws of the Philippine Islands and the legal orders and decrees promulgated by the authorities duly constituted in the same; that I solemnly swear that I will faithfully defend the Government of the Philippine Islands, and that I impose upon myself this obligation voluntarily, without mental reservation or purpose of evasion. So help me God."

SEC. 11. Record books. The clerk of the Court shall keep two books: one in which the petitions shall be recorded in chronological order, noting all proceedings thereon from the filing of the petition to the final issuance of the naturalization certificate; and another, which shall be a record of naturalization certificates and each page of which shall have a duplicate which shall be duly attested by the clerk of the Court and delivered to the petitioner.

SEC. 12. Fees.-The clerk of the Court of First Instance shall charge as fees for recording a petition for naturalization and for the proceedings in connection therewith, including the issuance of the certificate, the sum of sixteen pesos.

The Clerk of the Supreme Court shall collect for each appeal and for the services rendered by him in connection therewith, the sum of twenty-four pesos. SEC. 13. Right of widow and children of petitioners who have died.-In case a petitioner should die before the final decision has been rendered, his widow and minor children may continue the proceedings. The decision rendered in the case shall, so far as the widow and minor children are concerned, produce the same legal effect as if it had been rendered during the life of the petitioner.

SEC. 14. Cancellation of naturalization certificate issued.-Upon motion made in the proper proceedings by the Attorney General or his representative, or by the proper provincial fiscal, the competent judge may cancel the naturalization certificate issued; (a) if it is shown that said naturalization certificate was obtained fraudulently; (b) if the person naturalized shall, within the five years next following the issuance of said naturalization certificate, return to his native country or to some foreign country and establish his permanent residence there: Provided, That the fact of the person naturalized remaining for more than one year in his native country or the country of his former nationality, or two years in any other foreign country, shall be considered as prima facie evidence of his intention of taking up his permanent residence in the same; (c) if the person naturalized is convicted of any violation of this Act, as provided in section fifteen hereof. A certified copy of the decree canceling the naturalization certificate shall be forwarded by the clerk of the Court to the Department of the Interior.

SEC. 15. Penalties for violations of this Act.-Any person who shall fraudulently make, falsify, forge, change, alter, or cause or aid any person to do the same, or who shall purposely aid and assist in falsely making, forging, falsifying, changing, or altering a naturalization certificate for the purpose of making use thereof, or in order that the same may be used by another person or persons, and any person who shall purposely aid and assist another in obtaining a naturalization certificate in violation of the provisions of this Act, shall be punished by a fine of not more than five thousand pesos or by imprisonment for not more than five years, or both.

SEC. 16. Prescription.-No person shall be prosecuted, charged, or punished for an offence implying a violation of the provisions of this Act, unless the information or complaint is filed within five years after the commission of said offense. SEC. 17. Regulations and blanks.-The Secretary of Justice shall issue the necessary regulations for the proper enforcement of this Act. Naturalization certificate blanks and other blanks required for carrying out the provisions of this Act shall be prepared and furnished by the Attorney General, subject to the approval of the Secretary of Justice.

SEC. 18. Date when this Act shall take effect.-This Act shall take effect on its approval (15 Public Laws of the Philippine Islands, 267–71).

Law of the Philippine Islands of November 30, 1928

SECTION 1. The following new sections are hereby inserted between sections thirteen and fourteen of Act Numbered Twenty-nine hundred and twenty-seven: "SEC. 13 (a). Any woman who is now or may hereafter be married to a citizen of the Philippine Islands, and who might herself be lawfully naturalized. shall be deemed a citizen of the Philippine Islands.

"SEC. 13 (b). Children of persons who have been duly naturalized under this law, being under the age of twenty-one years at the time of the naturalization of their parents, shall, if dwelling in the Philippine Islands, be considered citizens thereof.

"SEC. 13 (c). Children of persons naturalized under this law who have been born in the Philippine Islands after the naturalization of their parents shall be considered citizens thereof."

SEC. 2. This Act shall take effect on its approval (27 Public Laws of the Philippine Legislature, No. 3448).

Law of the United States of March 24, 1934

SECTION 1. The Philippine Legislature is hereby authorized to provide for the election of delegates to a constitutional convention, which shall meet in the hall of the house of representatives in the capital of the Philippine Islands, at such time as the Philippine Legislature may fix, but not later than October 1, 1934, to formulate and draft a constitution for the government of the Commonwealth of the Philippine Islands, subject to the conditions and qualifications prescribed in this Act, which shall exercise jurisdiction over all the territory ceded to the United States by the treaty of peace concluded between the United States and Spain on the 10th day of December 1898, the boundaries of which are set forth in article III of said treaty, together with those islands embraced in the treaty between Spain and the United States concluded at Washington on the 7th day of November, 1900. The Philippine Legislature shall provide for the necessary expenses of such convention (48 Stat. 456; U. S. C., title 48, sec. 1231).

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SEC. 2. (a) The constitution formulated and drafted shall be republican in form, shall contain a bill of rights, and shall, either as a part thereof or in an ordinance appended thereto, contain provisions to the effect that, pending the final and complete withdrawal of the sovereignty of the United States over the Philippine Islands—

(1) All citizens of the Philippine Islands shall owe allegiance to the United States (48 Stat. 456; U. S. C., title 48, sec. 1232).

Constitution of the Philippines

[Adopted by the Constitutional Convention at the City of Manila, Philippine Islands, on February 8, 1935]

ARTICLE IV. CITIZENSHIP

SECTION 1. The following are citizens of the Philippines:

(1) Those who are citizens of the Philippine Islands at the time of the adoption of this Constitution.

(2) Those born in the Philippine Islands of foreign parents who, before the adoption of this Constitution, had been elected to public office in the Philippine Islands.

(3) Those whose fathers are citizens of the Philippines.

(4) Those whose mothers are citizens of the Philippines and, upon reaching the age of majority, elect Philippine citizenship.

(5) Those who are naturalized in accordance with law.

SEC. 2. Philippine citizenship may be lost or reacquired in the manner provided by law.

Ordinance Appended to the Constitution

SECTION 1. Notwithstanding the provisions of the foregoing Constitution, pending the final and complete withdrawal of the sovereignty of the United States over the Philippines

(1) All citizens of the Philippines shall owe allegiance to the United States.

PUERTO RICO

[See Article IX of the Treaty between the United States and Spain concluded December 10, 1898, and ratified and proclaimed April 11, 1899 (page 619 under "Philippine Islands").]

Secs. 3 and 4 of the Act of March 24, 1934, provide for the submission of the Constitution to the President of the United States and after his approval to the Filipino people. Sec. 10 (a) of the same law relates to recognition of Philippine independence and withdrawal of American sovereignty.

Law of the United States of April 12, 1900

SEC. 7. That all inhabitants continuing to reside therein who were Spanish subjects on the eleventh day of April, eighteen hundred and ninety-nine, and then resided in Puerto Rico, and their children born subsequent thereto, shall be deemed and held to be citizens of Puerto Rico, and as such entitled to the protection of the United States, except such as shall have elected to preserve their allegiance to the Crown of Spain on or before the eleventh day of April, ninteen hundred, in accordance with the provisions of the treaty of peace be-tween the United States and Spain entered into on the eleventh day of April, eighteen hundred and ninety-nine (31 Stat. 79; U. S. C., title 48, sec. 733).

Law of the United States of March 2, 1917

SEC. 5. That all citizens of Puerto Rico, as defined by section seven of the act of April twelfth, nineteen hundred, "temporarily to provide revenues and a civil government for Puerto Rico, and for other purposes," and all natives of Puerto Rico who were temporarily absent from that island on April eleventh, eighteen hundred and ninety-nine, and have since returned and are permanently residing in that island, and are not citizens of any foreign country, are hereby declared, and shall be deemed and held to be, citizens of the United States: Provided, That any person hereinbefore described may retain his present political status by making a declaration, under oath, of his decision to do so within six months of the taking effect of this act before the district court in the district in which he resides, the declaration to be in form as follows:

"I, being duly sworn, hereby declare my intention not to become a citizen of the United States as provided in the act of Congress conferring United States citizenship upon citizens of Puerto Rico and certain natives permanently residing in said island."

In the case of any such person who may be absent from the island during said six months the term of this proviso may be availed of by transmitting a declaration, under oath, in the form herein provided within six months of the taking effect of this act to the executive secretary of Puerto Rico: And provided further, That any person who is born in Puerto Rico of an alien parent and is permanently residing in that island may, if of full age, within six months of the taking effect of this act, or if a minor, upon reaching his majority or within one year thereafter, make a sworn declaration of allegiance to the United States before the United States District Court for Puerto Rico, setting forth therein all the facts connected with his or her birth and residence in Puerto Rico and accompanying due proof thereof, and from and after the making of such declaration shall be considered to be a citizen of the United States (39 Stat. 953; U. S. C., title 8, sec. 5).

* *

*

* *:

SEC. 41. That Puerto Rico shall constitute a judicial district to be called "the district of Puerto Rico." The district court for said district shall be called "the District Court of the United States for Puerto Rico," and said district court shall have jurisdiction for the naturalization of aliens and I'uerto Ricans, and for this purpose residence in Puerto Rico shall be counted up the same manner as residence elsewhere in the United States (39 Stat. 965; U. S. C., title 48, sec. 863).

Law of the United States of March 4, 1927

SEC. 2. That a new section is hereby inserted between sections 5 and 6 of the Act entitled "An Act to provide a civil government for Puerto Rico, and for other purposes," approved March 2, 1917, as amended, as follows:

"SEC. 5a. That all citizens of the United States who have resided or who shall hereafter reside in the island for one year shall be citizens of Puerto Rico: Provided, That persons born in Puerto Rico of alien parents, referred to in the last paragraph of section 5, who did not avail themselves of the privilege granted to them of becoming citizens of the United States, shall have a period of one year from the approval of this Act to make the declaration provided for in the aforesaid section: And provided further, That persons who elected to retain the political status of citizens of Puerto Rico may within one year after the passage of this Act become citizens of the United States upon the same terms and in the same manner as is provided for the naturalization of native Puerto Ricans born of foreign parents" (44 Stat. 1418; U. S. C., title 8, sec. 5a).

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