Monday, December 26, 2016

RULES OF PROCEDURE IN IMPEACHMENT PROCEEDINGS

RULES OF PROCEDURE IN IMPEACHMENT PROCEEDINGS
RULE I
APPLICABILITY OF RULES
Section 1. Applicability of Rules. – These Rules shall apply to all proceedings for impeachment in the House of Representatives against the President, Vice-President, the Members of the Supreme Court, the Members of the Constitutional Commissions and the Ombudsman for culpable violation of the Constitution, treason, bribery, graft and corruption, other high crimes or betrayal of public trust
RULE II
INITIATING IMPEACHMENT
Section 2. Mode of Initiating Impeachment. – Impeachment shall be initiated by the filing and subsequent referral to the Committee on Justice of:
(a) a verified complaint for impeachment filed by any Member of the House of Representatives; or
(b) a verified complaint filed by any citizen upon a resolution of endorsement by any Member thereof, or
(c) a verified complaint or resolution of impeachment filed by at least one-third (1/3) of all the Members of the House,
Section 3. Filing and Referral of Verified Complaints. – A verified complaint for impeachment by a Member of the House or by any citizen upon a resolution of endorsement by any Member thereof shall be filed with the office of the Secretary General and immediately referred to the Speaker.
The Speaker shall have it included in the Order of Business within ten (10) session days from receipt. It shall then be referred to the Committee on Justice within three (3) session days thereafter.
RULE III
FINDING A PROBABLE CAUSE
A. COMMITTEE PROCEEDINGS
Section 4. Determination of Sufficiency in Form and Substance. – Upon due referral, the Committee on Justice shall determine whether the complaint is sufficient in form and substance. If the committee finds that the complaint is insufficient in form, it shall return the same to the Secretary General within three (3) session days with a written explanation of the insufficiency. The Secretary General shall return the same to the complainant(s) together with the committee’s written explanation within three (3) session days from receipt of the committee resolution finding the complaint insufficient in farm.
Should the committee find the complaint sufficient in term, it shall then determine if the complaint is sufficient in substance. The requirement of substance is met if there is a recital of facts constituting the offense charged and determinative of the jurisdiction of the committee. If the committee finds that the complaint is not sufficient in substance, it shall dismiss the complaint and shall submit its report as provided hereunder.
Section 5. Notice to Respondents and Time to Plead. – If the committee finds the complaint sufficient in form and substance, it shall immediately furnish the respondent(s) with a copy of the resolution and/or verified complaint, as the case may be, with written notice that the respondent shall answer the complaint within ten (10) days from receipt of notice thereof and serve a copy of the answer to the complainant(s). No motion to dismiss shall be allowed within the period to answer the complaint.
The answer, which shall be under oath, may include affirmative defenses. If the respondent fails or refuses to file an answer within the reglementary period the respondent is deemed to have interposed a general denial to the complaint. Within three (3) days from receipt of the answer, the complainant may life a reply, serving a copy thereof to the respondent who may file a rejoinder within three (3) days from receipt of the reply, serving a copy thereof to the complainant. If the complainant fails to file a reply, all the material allegations in the answer are deemed controverted. Together with their pleadings, the parties shall file their affidavits or counter-affidavits, as the case may be, with their documentary evidence. Such affidavits or counter-affidavits shall be subscribed before the Chairperson of the Committee on Justice or the Secretary General. Notwithstanding all the foregoing, failure to file an answer will not preclude the respondent from presenting evidence to support the defenses.
When there are more than one respondent, each shall be furnished with a copy of the verified complaint of a Member of the House or a copy of the verified complaint of a private citizen together with the resolution of endorsement thereof by a Member of the House of Representatives and a written notice to answer. In this case, reference to respondent in these Rules shall be understood as respondents.
Section 6. Submission of Evidences and Memoranda. – After receipt of the pleadings, affidavits and counter-affidavits and relevant documents provided for in Section 5, or the expiration of the time within which they may be filed, the Committee shall determine whether the complaint alleges sufficient grounds for impeachment.
If it finds that sufficient grounds for impeachment do not exist, the Committee shall dismiss the complaint and submit the report required hereunder. If the Committee finds that sufficient grounds for impeachment exist, the Committee shall conduct a hearing. The Committee, through the Chairperson, may limit the period of examination and cross-examination. The Committee shall have the power to issue compulsory processes for the attendance of witnesses and the production of documents and other related evidence.
Hearings before the Committee shall be open to the public except when the security of the State or public interest requires that the hearings be held in executive session.
After the submission of evidence, the Committee may require the submission of memoranda, after which the matter shall be submitted for resolution.
Section 7. Protection to Complainants or Witnesses. – The House may, upon proper petition, provide adequate protection to a complainant or witness if it is shown that the personal safety of the complainant or witness is in jeopardy because of participating in the impeachment proceeding.
Section 8. Report and Recommendation. – The Committee on Justice after hearing, and by a majority vote of all its Members, shall submit its report to the House containing its findings and recommendations within sixty (60) session days from the referral to it of the verified complaint and/or resolution. Together with the report shall be a formal resolution of the Committee regarding the deposition of the complaint which shall be calendared for consideration by the House within ten (10) session days from receipt thereof.
If the Committee finds by a vote of the majority of all its Members, that a probable cause exists on the basis of the evidence adduced before the Committee, it shall submit with its report a resolution setting forth the Articles of Impeachment. Otherwise, the complaint shall be dismissed subject to Section 11 of these Rules.
Section 9. Report to be Calendared. – The Committee on Rules shall calendar the report and the accompanying resolution of the Committee on Justice regarding the disposition of the complaint in accordance with the Rules of the House of Representatives. The House shall dispose of the report within sixty (60) session days from its submission by the Commission on Justice.
B. HOUSE ACTION
Section 10. Vote Required for Approval. – A vote of at least one-third (1/3) of all the Members of the House is necessary for the approval of the resolution setting forth the Articles of Impeachment. If the resolution is approved by the required vote it shall then be endorsed to the Senate.
On the other hand, should the resolution fail to secure approval by the required vote, it shall result in the dismissal of the complaint for impeachment.
Section 11. Where Dismissal Recommended. – When the report of the Committee on Justice dismisses the complaint, it shall submit to the House a resolution for the dismissal of the verified complaint and/or resolution of impeachment. A vote of at least one-third (1/3) of all the Members of the House shall be necessary to override such resolution, in which case the Committee on Justice shall forthwith prepare the Articles of Impeachment.
Section 12. Vote by Roll Call. – The voting on a resolution with the Articles of Impeachment of the Committee on Justice or a contrary resolution dismissing the Impeachment Complaint shall be by roll call, and the Secretary General shall record the vote of each Member,
RULE IV
VERIFIED COMPLAINT/RESOLUTION
BY ONE-THIRD OF MEMBERS
Section 13. Endorsement of the Complaint/Resolution to the Senate. – A verified complaint/resolution of impeachment filed by at least one-third (1/3) of all the Members of the House shall constitute the Articles of Impeachment, and in this case the verified complaint/resolution shall be endorsed to the Senate in the same manner as an approved bid of the House.
The complaint/resolution must, at the time of filing, be verified and sworn to before the Secretary General by each of the Members constituting at least one-third (1/3) of all the Members of the House.
The contents of the verification shall be as follows:
We, after being sworn in accordance with law, depose and state: That we are the complainants in the above-entitled complaint/resolution of impeachment; that we have caused the said complaint/resolution to be prepared and have read the contents thereof; and that the allegations therein are true of our own knowledge and belief on the basis of our reading and appreciation of documents and other records pertinent thereto.
___________________
(Signature)
RULE V
BAR AGAINST IMPEACHMENT
Section 14. Scope of Bar. – No impeachment proceedings shall be initiated against the same official more than once within a period of one (1) year.
RULE VI
PROSECUTOR IN ALL IMPEACHMENT PROCEEDINGS
Section 15. Impeachment Prosecutor. – The House of Representatives shall act as the sole prosecutor at the trial in the Senate through a committee of eleven (11) Members thereof to be elected by a majority vote of the Members present, there being a quorum.
RULE VII
APPLICABILITY OF THE RULES OF CRIMINAL PROCEDURE
Section 16. Rules of Procedure. – The Rules of Criminal Procedure under the Rules of Court shall, as far as practicable, apply to impeachment proceedings before the House.
Adopted, 24 July 2013


Monday, December 19, 2016

Rivera vs. Catalo

A.M. No. RTJ-15-2422 [Formerly OCA I.P.I. No. 13-4129-RTJ] 
July 20, 2015
FLOR GILBUENA RIVERA v. HON. LEANDRO C. CATALO, PRESIDING JUDGE, REGIONAL TRIAL COURT, BRANCH 256, MUNTINLUPA CITY

FACTS:
Complainant alleged that he was one of the heirs of Juan Gilbuena; that TCT No. 3460 was registered under the name of Gilbuena; and that the owner's duplicate copy of the said title had remained missing despite their diligent efforts to locate the same. When the case was called for hearing, no oppositor appeared before the RTC. Upon motion, complainant was allowed to present evidence ex-parte. On May 18, 2012, Judge Catalo rendered his decision granting the petition for issuance of new owner's duplicate copy on the basis of the evidence presented by complainant, particularly the affidavit of loss and the certification issued by the Register of Deeds. Respondent judge ordered the Register of Deeds to issue a new Owners Duplicate Copy of Transfer Certificate of Title.

The Register of Deeds, through Acting Records Officer Vivian V. Dacanay, formally filed her Manifestation before the RTC stating that upon examination, it appeared that TCT No. 3460 had long been cancelled as early as 1924 because it was discovered that the title was not lost, rather, it was cancelled by virtue of valid transactions and conveyance. Acting thereon, Respondent Judge after hearing recalled and set aside its earlier decision. Aggrieved, complainant filed the subject administrative complaint against Judge Catalo for gross misconduct. In its Report, the Office of the Court Administrator (OCA) opined that Judge Catalo was administratively liable for gross ignorance of the law. It recommended that respondent be fined in the amount of P21,000.00.

ISSUE:
Whether respondent judge is administratively liable in recalling his earlier decision?

Held:
No. The Court declined the recommendation of the OCA. The Court is not at all convinced that Judge Catalo committed gross ignorance of the law. Indeed, under the doctrine of finality of judgment or immutability of judgment, a decision that has acquired finality becomes immutable and unalterable, and may no longer be modified in any respect. Like any other rule, however, there are recognized exceptions to this general rule such as (1) the correction of clerical errors, the so-called nunc pro tunc entries which cause no prejudice to any party, (2) void judgments, and (3) whenever circumstances transpire after the finality of the decision rendering its execution unjust and inequitable.

Under the second exception, a void judgment for want of jurisdiction is no judgment at all. It neither is a source of any right nor the creator of any obligation. All acts performed pursuant to it and all claims emanating from it have no legal effect. Hence, it can never become final and any writ of execution based on it is void.

Judge Catalo correctly recalled the judgment because the second and third exceptions on the doctrine of finality of judgments were squarely applicable.

Where there is no original, there can be no duplicate. Respondent stressed that a court had no jurisdiction to order the issuance of a new owner's duplicate copy of a certificate of title when it was, in fact, not lost. Here, the original title was not lost but officially cancelled. Hence, Judge Catalo correctly exercised his judicial prerogative to amend and control his factually and legally infirm decision.


The validity of a final judgment may be attacked on the ground that the judgment or order is null and void, because the court had no power or authority to grant the relief or no jurisdiction over the subject matter or over the parties or both. The aggrieved party may attack the validity of the final judgment by a direct action or proceeding in order to annul the same, as certiorari, which is not incidental to, but is the main object of the proceeding. The validity of a final judgment may also be attacked collaterally as when a party files a motion for the execution of the judgment and the adverse party resists the motion by claiming that the court has no authority to pronounce the judgment and that the same is null and void for lack of jurisdiction over the subject matter or over the parties.  Hence, Judge Catalo committed no gross ignorance of the law. Consequently, the complaint against respondent Judge Leandro C. Catalo is DISMISSED.

Friday, December 16, 2016

What law was enacted today? PRESIDENTIAL DECREE NO. 851

  REQUIRING ALL EMPLOYERS TO PAY THEIR EMPLOYEES A 13th-MONTH PAY
 
  
WHEREAS, it is necessary to further protect the level of real wages from the ravage of worldwide inflation;

WHEREAS, there has been no increase in the legal minimum wage rates since 1970;

WHEREAS, the Christmas season is an opportune time for society to show its concern for the plight of the working masses so they may properly celebrate Christmas and New Year.

NOW, THEREFORE, I, FERDINAND E. MARCOS, by virtue of the powers vested in me by the Constitution, do hereby decree as follows:

Section 1. All employers are hereby required to pay all their employees receiving a basic salary of not more than P1,000 a month, regardless of the nature of their employment, a 13th-month pay not later than December 24 of every year.

Sec. 2. Employers already paying their employees a 13th-month pay or its equivalent are not covered by this Decree.

Sec. 3. This Decree shall take effect immediately.

Done in the City of Manila, this 16th day of December 1975. 


Thursday, December 15, 2016

Sunday, December 11, 2016

REPUBLIC ACT NO. 9139

 [REPUBLIC ACT NO. 9139]
AN ACT PROVIDING FOR THE ACQUISITION OF PHILIPPINE CITIZENSHIP FOR CERTAIN ALIENS BY ADMINISTRATIVE NATURALIZATION AND FOR OTHER PURPOSES
Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled:
SECTION. 1. Short Title. — This Act shall be known as “The Administrative Naturalization Law of 2000.”
SEC. 2. Declaration of Policy. — The State shall control and regulate the admission and integration of aliens into its territory and body politic including the grant of citizenship to aliens. Towards this end, aliens born and residing in the Philippines may be granted Philippine citizenship by administrative proceedings subject to certain requirements dictated by national security and interest.
SEC. 3. Qualifications. — Subject to the provisions of the succeeding section, any person desiring to avail of the benefits of this Act must meet the following qualifications:
(a) The applicant must be born in the Philippines and residing therein since birth;
(b) The applicant must not be less than eighteen (18) years of age, at the time of filing of his/her petition;
(c) The applicant must be of good moral character and believes in the underlying principles of the Constitution, and must have conducted himself/herself in a proper and irreproachable manner during his/her entire period of residence in the Philippines in his relation with the duly constituted government as well as with the community in which he/she is living;
(d) The applicant must have received his/her primary and secondary education in any public school or private educational institution duly recognized by the Department of Education, Culture and Sports, where Philippine history, government and civics are taught and prescribed as part of the school curriculum and where enrollment is not limited to any race or nationality: Provided, That should he/she have minor children of school age, he/she must have enrolled them in similar schools;
(e) The applicant must have a known trade, business, profession or lawful occupation, from which he/she derives income sufficient for his/her support and if he/she is married and/or has dependents, also that of his/her family: Provided, however, That this shall not apply to applicants who are college degree holders but are unable to practice their profession because they are disqualified to do so by reason of their citizenship;
(f) The applicant must be able to read, write and speak Filipino or any of the dialects of the Philippines; and
(g) The applicant must have mingled with the Filipinos and evinced a sincere desire to learn and embrace the customs, traditions and ideals of the Filipino people.
SEC. 4. Disqualifications. — The following are not qualified to be naturalized as Filipino citizens under this Act:
(a) Those opposed to organized government or affiliated with any association or group of persons who uphold and teach doctrines opposing all organized governments;
(b) Those defending or teaching the necessity of or propriety of violence, personal assault or assassination for the success or predominance of their ideas;
(c) Polygamists or believers in the practice of polygamy;
(d) Those convicted of crimes involving moral turpitude;
(e) Those suffering from mental alienation or incurable contagious diseases;
(f) Those who, during the period of their residence in the Philippines, have not mingled socially with Filipinos, or who have not evinced a sincere desire to learn and embrace the customs, traditions and ideals of the Filipinos;
(g) Citizens or subjects with whom the Philippines is at war, during the period of such war; and
(h) Citizens or subjects of a foreign country whose laws do not grant Filipinos the right to be naturalized citizens or subjects thereof.
SEC. 5. Petition for Citizenship. — (1) Any person desiring to acquire Philippine citizenship under this Act shall file with the Special Committee on Naturalization created under Section 6 hereof, a petition of five (5) copies legibly typed and signed, thumbmarked and verified by him/her, with the latter’s passport-sized photograph attached to each copy of the petition, and setting forth the following:
(a) The petitioner’s name and surname, and any other name he/she has used or by which he/she is known;
(b) The petitioner’s present and former places of residence;
(c) The petitioner’s place and date of birth, the names and citizenship of his/her parents and their residences;
(d) The petitioner’s trade, business, profession or occupation, and if married, also that of his/her spouse;
(e) Whether the petitioner is single or married or his/her marriage is annulled. If married, petitioner shall state the date and place of his/her marriage, and the name, date of birth, birthplace, citizenship and residence of his/her spouse; and if his marriage is annulled, the date of decree of annulment of marriage and the court which granted the same;
(f) If the petitioner has children, the name, date and birthplace and residences of his/her children;
(g) A declaration that the petitioner possesses all the qualifications and none of the disqualifications under this Act;
(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 to acquire Philippine citizenship and to renounce absolutely and forever any prince, potentate, State or sovereign, and particularly the country of which the applicant is a citizen or subject.
(2) The application shall be accompanied by:
(a) Duplicate original or certified photocopies of petitioner’s birth certificate;
(b) Duplicate original or certified photocopies of petitioner’s alien certificate of registration and native born certificate of residence;
(c) Duplicate original or certified photocopies of petitioner’s marriage certificate, if married, or the death certificate of his spouse, if widowed, or the court decree annulling his marriage, if such was the fact;
(d) Duplicate original or certified photocopies of birth certificates, alien certificate of registration or native born certificate of residence if any, of petitioner’s minor children, wherever applicable;
(e) Affidavit of financial capacity by the petitioner, and sworn statements on the good moral character of the petitioner by at least two (2) Filipino citizens of good reputation in his/her place of residence stating that they have personally known the petitioner for at least a period of ten (10) years and that said petitioner has in their own opinion all the qualifications necessary to become a citizen of the Philippines and is not in any way disqualified under the provisions of this Act;
(f) A medical certificate that petitioner is not a user of prohibited drugs or otherwise a drug dependent and that he/she is not afflicted with acquired immune deficiency syndrome (AIDS);
(g) School diploma and transcript of records of the petitioner in the schools he attended in the Philippines. Should the petitioner have minor children, a certification that his children are enrolled in a school where Philippine history, government and civics are taught and are part of the curriculum; and
(h) If gainfully employed, the income tax return for the past three (3) years.
SEC. 6. Special Committee on Naturalization — There shall be constituted a Special Committee on Naturalization herein referred to as the “Committee”, with the Solicitor General as chairman, the Secretary of Foreign Affairs, or his representative, and the National Security Adviser, as members, with the power to approve, deny or reject applications for naturalization as provided in this Act.
The Committee shall meet, as often as practicable, to consider applications for naturalization. For this purpose, the chairman and members shall receive an honorarium of Two thousand pesos (₱2,000.00) and One thousand five hundred pesos (₱1,500.00), respectively, per meeting attended.
SEC. 7. Powers/Functions of the Special Committee on Naturalization. — An alien who believes that he has all the qualifications, and none of the disqualifications, may file an application for naturalization with the secretariat of the Special Committee on Naturalization, and a processing fee of Forty thousand pesos (₱40,000.00). Thereafter, the petition shall be stamped to indicate the date of filing and a corresponding docket number. Within fifteen (15) days from the receipt of the petition, the Committee shall determine whether the petition is complete in substance and in form. If such petition is complete, the Committee shall immediately publish pertinent portions of the petition indicating the name, qualifications and other personal circumstances of the applicant, once a week for three (3) consecutive weeks in a newspaper of general circulation, and have copies of the petition posted in any public or conspicuous area. The Committee shall immediately furnish the Department of Foreign Affairs (DFA), the Bureau of Immigration (BI), the civil registrar of the petitioner’s place of residence and the National Bureau of Investigation (NBI) copies of the petition and its supporting documents. These agencies shall have copies of the petition posted in any public or conspicuous area in their buildings, offices and premises, and shall, within thirty (30) days from the receipt of the petition, submit to the Committee a report stating whether or not petitioner has any derogatory record on file or any such relevant and material information which might be adverse to petitioner’s application for citizenship.
If the petition is found by the Committee to be wanting in substance and form, the petition shall be dismissed without prejudice.
SEC. 8. Approval or Disapproval of the Petition. — Within sixty (60) days from receipt of the report of the agencies which were furnished a copy of the petition or the date of the last publication of the petition, whichever comes in later, the Committee shall consider and review all relevant and material information it has received pertaining to the petition, and may, for the purpose call the petitioner for interview to ascertain his/her identity, the authenticity of the petition and its annexes, and to determine the truthfulness of the statements and declarations made in the petition and its annexes.
If the Committee shall have received any information adverse to the petition, the Committee shall allow the petitioner to answer, explain or refute the information.
Thereafter, if the Committee believes, in view of the facts before it, that the petitioner has all the qualifications and none of the disqualifications required for Philippine citizenship under this Act, it shall approve the petition and henceforth, notify the petitioner of the fact of such approval. Otherwise, the Committee shall disapprove the same.
SEC. 9. Decree of Naturalization and Naturalization Processing Fee. — Within thirty (30) days from the receipt of the notice of the approval of his/her petition, the applicant shall pay to the Committee a naturalization fee of One hundred thousand pesos (₱100,000.00) payable as follows: Fifty thousand pesos (₱50,000.00) upon the approval of the petition and Fifty thousand pesos (₱50,000.00) upon the taking of the oath of allegiance to the Republic of the Philippines, forthwith, a certificate of naturalization shall be issued. Within sixty (60) days from the issuance of the certificate, the petitioner shall take an oath of allegiance in the proper forum upon proof of payment of the required naturalization processing fee and certificate of naturalization. Should the applicant fail to take the abovementioned oath of allegiance within said period of time, the approval of the petition shall be deemed abandoned.
SEC. 10. Duty of the Bureau of Immigration. — Within five (5) days after the applicant has taken his oath of allegiance as required in the preceding section, the BI shall forward a copy of the petitioner’s oath to the proper local civil registrar. Thereafter, the BI shall cancel the alien certificates of registration of the applicant.
SEC. 11. Status of Alien Wife and Minor Children. — After the approval of the petition for administrative naturalization and cancellation of applicant’s alien certificate of registration, applicant’s alien lawful wife and minor children may file a petition for cancellation of their alien certificates of registration with the Committee subject to the payment of the filing fee of Twenty thousand pesos (₱20,000.00) and naturalization fee of Forty thousand pesos (₱40,000.00) payable as follows: Twenty thousand pesos (₱20,000.00) upon the approval of the petition and Twenty thousand pesos (₱20,000.00) upon the taking of the oath of allegiance to the Republic of the Philippines.
SEC. 12. Status of Alien Husband and Minor Children. — If the applicant is a married woman, the approval of her petition for administrative naturalization will not benefit her alien husband but her minor children may file a petition for cancellation of their alien certificates of registration with the BI subject to the requirements of existing laws.
SEC. 13. Cancellation of the Certificate of Naturalization. — The Special Committee may cancel certificates of naturalization issued under this Act in the following cases:
(a) If it finds that the naturalized person or his duly authorized representative made any false statement or misrepresentation or committed any violation of law, rules and regulations in connection with the petition for naturalization, or if he otherwise obtains Philippine citizenship fraudulently or illegally, the certificate of naturalization shall be cancelled;
(b) If the naturalized person or his wife, or any of his minor children who 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’s certificate of naturalization or acquired citizenship shall be cancelled or revoked: 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 foreign country, shall be considered prima facie evidence of intent to permanently reside therein;
(c) If the naturalized person or his wife or child with acquired citizenship allows himself or herself to be used as a dummy in violation of any constitutional or legal provision requiring Philippine citizenship as a condition for the exercise, use or enjoyment of a right, franchise or privilege, the certificate of naturalization or acquired citizenship shall be cancelled or revoked; and
(d) If the naturalized person or his wife or child with acquired citizenship commits any act inimical to national security, the certificate of naturalization or acquired citizenship shall be cancelled or revoked.
In case the naturalized person holds any hereditary title, or belong to any order of nobility, he shall make an express renunciation of his title or membership in this order of nobility before the Special Committee or its duly authorized representative, and such renunciation shall be included in the records of his application for citizenship.
SEC. 14. Penalties. — 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 issued under this proceeding 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 this Act, shall be punished by a fine of not more than Five hundred thousand pesos (₱500,000.00) and by imprisonment for not more than five (5) years, and in the case that the person convicted is a naturalized citizen, his certificate of naturalization shall, if not earlier cancelled by the Special Committee, be ordered cancelled.
SEC. 15. Any person who failed to register his/her birth with the concerned city or municipal civil registrar may, within two (2) years from the effectivity of this Act, file a petition for the acquisition of the Philippine citizenship: Provided, That the applicant possesses all the qualifications and none of the disqualifications under this Act and subject to the requirements of existing laws.
SEC. 16. Special Disposition of the Filing Fee. — An amount equivalent to twenty-five percent (25%) of the filing fee to be paid by the applicants pursuant to Section 7 hereof shall accrue to the University of the Philippines Law Center and another twenty-five percent (25%) shall be allotted for the publication of the Journal of the House of Representatives. Said amount shall be treated as receipts automatically appropriated.
SEC. 17. Implementing Rules and Regulations. — The Special Committee on Naturalization is hereby authorized to promulgate such rules and regulations as may be needed for the proper implementation of the provisions of this Act.
SEC. 18. Repealing Clause. — All provisions of existing laws, orders, decrees, rules and regulations contrary to or inconsistent with this Act are hereby repealed or modified accordingly.
SEC. 19. Separability Clause. — If any part, section or provision of this Act is declared invalid or unconstitutional, the part, section or provision not affected thereby shall continue to be in force and effect.
SEC. 20. Effectivity Clause. — This Act shall take effect after fifteen (15) days following its publication in at least two (2) newspapers of general circulation.
Approved:
(Sgd.) AQUILINO Q. PIMENTEL JR.
President of the Senate
(Sgd.) FELICIANO BELMONTE JR.
Speaker of the House
of Representatives
This Act which originated in the House of Representatives was finally passed by the House of Representatives and the Senate on February 5, 2001 and June 5, 2001, respectively.
(Sgd.) LUTGARDO B. BARBO
Secretary of the Senate
(Sgd.) ROBERTO P. NAZARENO
Secretary General
House of Representatives
Approved: JUN 08 2001
(Sgd.) GLORIA MACAPAGAL-ARROYO
President of the Philippines