Nationality

citizen, at least 25 years old (except for youth), a registered voter, a resident of the Philippines for a period of not less than one year preceding the elections, able to read and write and is a bona fide member of the party being represented for at least 90 days preceding the elections.

The Party-List System Act should be read in conjunction with Section 14 of the Implementing Rules and Regulations of the Magna Carta of Women, which calls for “temporary special measures to accelerate the participation and equitable representation of women in all spheres of society”.62 This includes a mandate for the Commission on Elections to incorporate provisions that promote integration of women in party-list organizations under its guidelines.

RECOMMENDATION

Use Section 14 of the Implementing Rules and Regulations of the Magna Carta of Women calling for providing incentives to political parties with women’s agenda and encourages the integration of women in the party hierarchy, internal policymaking structures, as well as nominating processes. The Commission on Elections is mandated to incorporate this in its guidelines for accreditation of political parties, including party-list organizations.

20. Republic Act No. 8425 (Social Reform and Poverty Alleviation Act)

The Social Reform and Poverty Alleviation Act calls for a more grassroots approach to poverty alleviation by pursuing area-based, sectoral and focused interventions for the poor and marginalized. It likewise underscores a gender-responsive approach to fighting poverty.

This law called for the creation of the National Anti-Poverty Commission, which serves as the coordinating and advisory body for the implementation of the Act. Under Section 6, the commission is composed of government agencies, leagues of local governments and representatives from basic sectors, which include women, youth, indigenous cultural communities and indigenous peoples, among others. Each sector shall have three nominees, and sectoral representatives shall be appointed by the president from the submitted list of nominees.

RECOMMENDATION

Revise or amend Section 6 of the Social Reform and Poverty Alleviation Act to be consistent with Chapter IV, Section 11 on Participation and Representation of the Magna Carta of Women, indicating an incremental increase in the third level positions of the National Anti-Poverty Commission to achieve a 50-50 gender balance.

Nationality

There were two laws reviewed in this section in relation to naturalization of aliens. It is recommended that these two laws be amended to allow qualified aliens—whether male or female—to file for naturalization and contribute to the greater benefit of the entire family unit.

21. Commonwealth Act 473 (Revised Naturalization Law)

The Commonwealth Act 473, signed on 17 June 1939, provides for the judicial process for the naturalization of aliens. It lists the qualifications and the legal process that an applicant alien must go through to acquire Philippine citizenship. Section 15 of the law provides for the effect of the naturalization on the wife and children. There is no provision on the effect of naturalization on the husband. Clearly the law only envisions male aliens/ husbands as applicants. This is supported by Section 16 where in case of death of the petitioner before a final decision is rendered, “his widow and minor children are allowed to continue the proceedings”. The law is silent on whether an alien wife may be allowed to file as petitioner for an application for naturalization.

22. Republic Act No. 9139 (Administrative Naturalization Law of 2000)

This law, approved on 8 June 2001, covers aliens born and residing in the Philippines who may be granted Philippine citizenship by administrative proceedings, subject to certain requirements. Under it, the process of application is through a Special Committee on Naturalization, composed of the Solicitor General, Secretary of Foreign Affairs and the National Security Adviser. As compared to the judicial proceedings undertaken by an applicant/ petitioner through the Commonwealth Act 473, this law aims to provide an easier process for acquiring naturalization. The effect of approval of the petition on the applicant’s alien wife and children is not an automatic naturalization. Section 11 provides that the applicant’s alien wife and children would then file for the cancelation of their alien certificate of