Chapter 6
Chapter 6
Derivative naturalization
Philippine citizenship conferred on:
1. The wife of a naturalized husband
2. The minor children of a naturalized father
3. The alien wife of a natural born or naturalized
citizen, in the latter case, the marriage having taken
place after the husbands naturalization
Naturalization
Judicial naturalization under Com. Act. 475, Administrative naturalization under RA 9139 or
as amended the Administrative Naturalization Law of 2000
Qualifications 1. The petitioner must not e less than 21 years 1. The applicant must be born in the Philippines
of age on the date of the hearing of the and residing therein since birth
petition 2. The applicant must not be less than 18 years of
2. He must have, as a rule, resided in the age, at the time of filing of his/her petition
Philippines for a continuous period of not less 3. The applicant must be of good moral character
than 10 years and believes in the underlying principles of the
3. He must be of good moral character, and Constitution and must have conducted
believe in the principles underlying the himself/herself in a proper and irreproachable
Philippine Constitution, and must have manner during his/her entire period of
conducted himself in a proper and residence in the Philippines in relation with the
irreproachable manner during the entire duly constituted government as well as with the
period of his residence in the Philippines in community in which he/she is living
his relation with the constituted government 4. The applicant must have received his/her
as well as with the community in which he is primary and secondary education in any public
living school or private education institution duly
4. He must own real estate in the Philippines recognized by the DECS, where Philippine
worth not less than 5,000, Philippine history, government, and civics are taught and
currency, or must have some lucrative trade, prescribed as part of the school curriculum and
profession, or occupation where enrollment is not limited to any race or
5. He must be able to speak and write English or nationality: Provided, that should he/she have
Spanish and any one of the principal minor children of school age, he/she must have
languages and enrolled them in similar schools.
6. He must have enrolled his minor children of 5. The applicant must have a known trade,
school in any of the public or private schools business, profession, or lawful occupation, from
recognized by the Bureau of Private Schools which he/she derives income sufficient for
where Philippine history, government, and his/her support and if he/she is married and/or
civics are taught or prescribed as part of the has dependents, also that of his/her family:
school curriculum during the entire period of Provided, however, that this shall not apply to
the residence required of him, prior to the applicants who are college degree holders but
hearing of his petition for naturalization as are unable to practice their profession because
citizen they are disqualified to do so by reason of their
citizenship
6. The applicant must be able to read, write, and
speak Filipino or any of the dialects of the
Philippines, and
7. 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
Disqualifications 1. Those opposed to organized government or affiliated with any association of group of person who
uphold and teach doctrines opposing all organized governments
2. Those defending or teaching the necessity of or propriety of violence, personal assault or
assassination for the success or predominance of their ideas
3. Polygamists or believers in the practice of polygamy
4. Those convicted of crimes involving moral turpitude
5. Those suffering from mental alienation or incurable contagious disease
6. 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
7. Citizens or subjects of nations with whom the Philippines is at war
8. Citizens or subjects of a foreign country whose laws do not grant Filipinos the right to be naturalized
citizens or subjects thereof
Loss of citizenship
Under Com. Act 63, as amended, a Filipino citizen may lose his citizenship in any of the following ways:
1. By naturalization in a foreign country
2. By express renunciation of citizenship
3. By subscribing an oath of allegiance to support the constitution or laws of a foreign country upon attaining twenty-one years
of age or more
4. By accepting commission in the military, naval, or air service of a foreign country
5. By cancellation of the certificate of naturalization
6. By having been declared by competent authority, a deserter of the Philippine armed forces in time of war, unless
subsequently a plenary pardon or amnesty has been granted; and
7. In case of a woman, upon her marriage to a foreigner, if, by virtue of the laws in force in her husbands country, she
acquires his nationality
Under the 1987 Constitution, however, the woman retains her Philippine citizenship unless by her act or omission
she is deemed under the law to have renounced her Philippine citizenship
Chapter 8
Domiciliary Theory
Domiciliary theory
It is the theory whereby the status, condition, family rights and obligations, and capacity of a person are governed by the law of his
domicile or the lex domicilii
Domicile
It is the place where a person has his true, fixed, permanent home, and principal establishment, and to which, whenever he is
absent, he has the intention of returning.
Art. 50 of the CC: For the exercise of civil rights and fulfillment of civil obligations, the domicile of natural persons is the
place of their habitual residence
Domicile v. residence
Domicile Residence
Denotes a fixed, permanent residence to which, when absent, Used to indicate a place of abode, whether permanent or
one has the intention of returning temporary
Residence is not domicile, but domicile is residence coupled with intention to remain for an unlimited time
Domicile v. citizenship
Domicile Citizenship
Speaks of ones permanent place of abode Indicates ties of allegiance and loyalty
A person may be a citizen or national of one sate and a domiciliary of another
Note: The forum applies its own concept of domicile in determining the domicile of a litigant before its courts (law of the forum/lex
fori, NOT national law, is the law that determines ones domicile)
Chapter 9
The situs or eclectic theory
Chapter 10
The problem of the renvoi
Renvoi
A French word which means refer back or return
In Anglo-American countries, the term used is remission, which means to refer a matter for consideration or judgment
Four solutions the court can adopt when confronted with a renvoi problem
1. Reject the renvoi
This means that the court does not want the problem to be sent back to us.
As in the case of the testate or intestate succession of a foreigner but domiciled in our country, we would simply
apply his national law or the internal law of his country
2. Accept the renvoi
Accept the referral or transmission of the case back to us, so that instead of applying the foreign internal law,
Philippine law is applied
Single renvoi or single transmission
3. Follow the theory of desistment or the mutual disclaimer of jurisdiction theory
Refrain from applying the national law of the deceased foreigner, although our law tells us to do so.
If said law follows the domiciliary theory and directs that we apply the law of the domicile of the deceased, so in
the end, we still apply Philippine law
Double renvoi
This occurs when the local court, in adopting the foreign court theory, discovers that the foreign court accepts the renvoi. But since
the foreign law remits the case to Philippine law, being the law of the deceaseds domicile, the foreign court may discover that
Philippine law does not accept the remission (as it applies the national law of the deceased) so the foreign court, sitting as a
Philippine court, would still apply its own internal law. This is then what our court will apply.
Chapter 11
Conflict rules on status and capacity
Note: In Conflict of Laws, personal law determines the beginning of ones personality.
Absence, defined
A special legal status pertaining to a person who has disappeared from his domicile, his whereabouts being unknown, without leaving
an agent to administer his property or even if he had left an agent, the power conferred by the absentee on the agent has expired
One status of being absent is determined in accordance with his personal law
Our own courts also have jurisdiction to declare an alien domiciliary in the Philippines as absent
Instances when an absentee may be presumed dead and for what purposes
1. For purposes of remarriage the absentee may be presumed dead after four years of absence, the present spouses
having a well-founded belief that the absentee is already dead
However, in case of disappearance where there is danger of death, an absence of 2 years is enough
2. For all other purposes EXCEPT succession an absence of seven years, it being unknown whether or not the absentee
still lives
3. For the purpose of succession an absence of 10 years is required, except if the absentee disappeared after the age of
75 years, in which case an absence of 5 years is enough to open his succession
Note: It is suggested that Article 15 of the CC applying the nationality theory be limited to strictly family and domestic transactions,
while the law governing the contract should govern ordinary day-to-day business contracts.
Note: Thus, our courts can decide cases involving the status and capacity of foreigners brought before them, but in doing so, our
courts will apply the personal law of the foreigner, whether it be his national law or the law of his domicile, depending on what theory
the country of his citizenship follows.
Example: Even if the personal law of the foreigner allows divorce, he cannot apply for divorce from his spouse before a
Philippine court because we do not recognize divorce and our courts have no jurisdiction to grant divorces. However, a
foreigner who applies for legal separation in our country on a ground available under his national law but not under our law,
may obtain a favorable judgment from our courts, because it is his national law on legal separation that our courts will
apply, but subject to our procedural law.