Chapter VIl

THE VARIOUS THEORIES ON STATUS AND CAPACITY

STATUS DEFINED

● The place of an individual in a society and consists of personal qualities or

relationships, more or less permanent, with which the state and the community are
concerned.

CAPACITY DEFINED

● Sum total of his rights and obligations

Our Civil Code distinguishes two (2) kinds of capacity:

1) Capacity to act (active capacity) - power to do acts with legal effects. It is considered
inherent in every natural 11,person and is lost only through death

2)juridical capacity (negative) - power to be the subject of legal relations

2 Kinds of Legal Status

Beale: absolute and relative status; but also divided into domestic and non-domestic.

1. Absolute status is the "personal condition of an individual or a group of individuals which

has legal characteristics and status."

0l Examples are the following:

· Personality.

· Name.

· Rank, Title, and Office.

· Absence.

· Civil Death.

· Infamy.

· Prodigality.

· Slavery.

· Capacity. (not considered as status at common law)

· Majority.

2. Relative status is defined as a relation between two persons having such legal sanction as
to make it a relation falling within the term "status". Under the category of domestic
relations, examples are marriage, relationship of father and child (i.e. legitimation,
custodianship, and adoption), and the relationship of guardian and ward (i.e. guardianship).
Non-domestic relations, on the other hand, include the relationship between jailer and
prisoner, among many others.

What is the Philippine rule on status?

- In general, the status of a person depends on his national law.

- Art. 15 of the NCC: Laws relating to family rights and duties, or to the legal capacity of
persons are binding upon citizens of the Philippines, even though living abroad.

- Although literally, Art. 15 is a one-sided conflicts rule, it has been construed by the SC to
be all-side, and therefore, the nationality rule here applies to ALL nationals.

Beginning of Personality of Natural Persons

- Art. 40 of the NCC: Birth determines personality but the conceived child shall be
considered born for all purposes that are favorable to it, provided it be born later with the
conditions specified in the following article.

- Art. 41 of the NCC: For civil purposes, the fetus is considered born if it is alive at the time
it is completely delivered from the mother's womb. However, if the fetus had an intra-
uterine life of less than seven months, it is not deemed born if it dies within 24 hours after
its complete delivery from the maternal womb.

- Personality does not begin at birth, it begins at conception. This is called presumptive
personality. It is, however, essential that birth should occur later.

- If the conditions in Art. 41 are not complied with, the birth and the death of the child will
not be recorded in the Civil Registry.

- Note that the law says the fetus is considered born only for civil purposes, which are
beneficial or favorable.

- Arts. 40 and 41 of the NCC apply only to Filipino babies. If the child be a foreigner, the
beginning of its personality depends upon its national law.

Age of Majority

Art. 234 of the FC: Emancipation takes place by the attainment of majority. Unless
otherwise provided, majority commences at the age of eighteen years.

Personal law

-law which attaches to an individual wherever he may go

Theories on Personal Law

1)Nationality

2)Domiciliary

3) Situs- views the particular place or situs of the event

Beginning and End of Personality

- Philippine law, as a general rule, considers the fact of complete birth as determinative of
the beginning of personality.

- Certain rights, such as those of succession are reserved which will pertain to the conceived
child when, if ever, it becomes a person.

End of Personality

- Art. 42 of the NCC: Civil personality is extinguished by death. The effect of death upon the
rights and obligations of the deceased is determined by law, by contract, and by will.

CHARACTERISTICS OF STATUS

1. Status is conferred principally by the State and not by the individual

2. Status is a matter of public or social interest.
3. Status being a concept of social order cannot easily be terminated at the mere will or
desire of the parties concerned.
4. Statues generally supposed to have a universal character: when a certain status is
created by the law of one country, it is GENERALLY judicially recognized all over the
world.

PERSONAL LAW

● The law which attaches to a person wherever he may go and generally governs his
status, capacity,’ condition, family relations, and the consequences of his actuations.
● This “personal law" may be his “national law” or his “domiciliary law” or the “law of
the situs” depending upon the theory applied and enforced in the forum.

THEORIES ON PERSONAL LAW THAT SHOULD GOVERN STATUS AND CAPACITY IN

GENERAL

1. The Nationality Theory or Personal Theory - the status and capacity of a person
is determined by the law of his nationality or national law.
Note: The Philippines follows the Nationality Theory.
2. The Domiciliary Theory or Territorial Theory — the status and capacity of a
person is determined by the law of his domicile (fd.).
3. The Situs or Eclectic Theory — the particular place or situs of an event or
transaction is generally the controlling law.
Nationality theory

-theory by virtue of which the status and capacity of the individual are generally governed
by the law of his nationality.

-The Philippines adheres to the nationality law theory

Art. 15. Laws relating to family rights and duties, or to the status, condition and legal
capacity of persons are binding upon citizens of the Philippines, even though living abroad.

Nationality vs. Citizenship

-The former refers to the membership of racial, ethnical, social and cultural group while the
latter refers membership in a political society.

-In COL, they are synonymous terms.

Three kinds of citizens in the Philippines

1)Natural born

-citizens of the PH from birth without having to perform any act to acquire or perfect their
citizenship

2) Naturalized citizens

-not natural born citizens and only become such through judicial proceedings

3) Citizens by election

-who by virtue of legal provision, become such by electing Phil citizenship at the age of 21

Two Theories on whether place or ancestry determines citizenship

1) Jus soli

2) Jus sanguinis

Various ways on where dual citizenship arises

1) Through a naturalized citizen to comply with certain legal requirements in the country of
origin (see page 60 of Paras for example)

2) From a combined application of jus soli and jus saguinis

3) by the legislative act of states

4) by the voluntary act of the individual concerned

Problem of Stateless Individuals

1) How statelessness is brought about:

A person may become stateless by any of the following means:

a. he may have been deprived of his citizenship for any cause;

 b. he may have renounced his nationality by certain act, express or implied;

c. he may have asked for a voluntary release from his original state;

d. he may been born in a country which recognizes only jus saguinis thus neither a
citizen of a country where he was born

2) Personal Law of stateless individuals:

The Hague Convention of 1928 suggests that the personal law of stateless individuals
are:

a. law of the domicile (habitual residence)

b. secondarily, the law of the place of temporary residence

Successional rights

-suppose the deceased dies without nationality or citizenship, what should apply? Answer:
Law of his Domicile.

Where a declaration of Philippine citizenship may be made

- Judicial declaration that a person is a Filipino citizen cannot be made in a petition for
naturalization for the reason that in this jurisdiction there can be no independent
action for the judicial declaration of the citizenship on the individual.
- As an incident only of the adjudication of the rights of the parties to a controversy,
the court may pass upon, and make a pronouncement relative to their status.

Lim vs. De la Rosa, 10 SCRA 536, No. L-17790 March 31, 1964

Citizen cannot be required to register as alien by administrative officers of

government; Remedy.—If the person claiming to be a citizen of the country who is being
required or compelled to register as alien, can show, establish, or prove that he is such
citizen, the remedy of injunction to prevent the officers from requiring or compelling him to
register as alien is certainly the proper and adequate remedy to protect his right.

Same; Same; Opinions of Department of Justice not conclusive as to citizenship.—

The opinions of the Department of Justice in the case at bar do not have a conclusive
character or effect on the citizenship of the petitioner as they are based on findings that the
evidence then submitted was unsupported and hence insufficient to warrant a conclusion
that the petitioner is a Filipino citizen.

IN RE: PETITION FOR CORRECTION OF ENTRY OF CERTIFICATE OF BIRTH OF THE

MlNOR, CHUA TAN CHUAN

Correction of entry in the civil registry amounting to a judicial declaration of

citizenship cannot be sanctioned.—The remedy sought in a petition correcting entry in
the civil registry cannot be granted in the manner desired. While ostensibly, the action
seeks a mere correction of an entry in the civil registry, in effect, it requests the judicial
declaration of Philippine citizenship. ‘Many such cases had been dismissed by the Supreme
Court. The Supreme Court stated time and again, that declaratory relief is not available for
the purpose of obtaining a judicial declaration of citizenship.

Republic vs. Maddela, 27 SCRA 702, No. L-21664, No. L-21665 March 28, 1969
Naturalization; Citizenship; Judicial declaration of citizenship of an individual;
When may be made.—Under our laws, there can be no action or proceeding for the
judicial declaration of the citizenship of an individual. Courts of justice exist for the
settlement of justiciable controversies, which imply a given right, legally demandable and
enforceable, an act or omission violative of said right, and a remedy, granted or sanctioned
by law, for said breach of right. As an incident only of the adjudication of the rights of the
parties to a controversy, the court may pass upon, and make a pronouncement relative to,
their status. Otherwise, such a pronouncement is beyond judicial power. Thus, for instance,
no action or proceeding may be instituted for a declaration to the effect that plaintiff or
petitioner is married, or single, or a legitimate child, although a finding thereon may be
made as a necessary premise to justify a given relief available only to one enjoying said
status. At times, the law permits the acquisition of a given status, such as naturalization by
judicial decree. But there is no similar legislation authorizing the institution of a judicial
proceeding to declare that a given person is part of our citizenry.

Citizenship of a Filipino woman who married a foreigner

(1) Prior to the 1987 Phil Constitution

-if she acquired his nationality, she lost Philippine citizenship otherwise, she remained a
Filipino.

2) Under 1973 Constitution

-a female citizen of the PH who marries an alien she shall retain her Filipino citizenship
unless by her act, or omission, she is deemed under the law to have renounced her
citizenship.

3) Under the 1987 Constitution

- citizens of the Philippines who marry aliens shall retain their Filipino citizenship unless by
her act, or omission, she is deemed under the law to have renounced her
citizenship.

Citizenship of a foreign woman who marries a Filipino

1) Prior to the Mo Ya case

-If she possesses all the qualifications and none of the disqualifications for Philippine
citizenship, she become Filipino provided she is able to prove these facts in a proper
proceeding.

-This rule is in line with the national policy of selective admission to Philippine citizenship,
which after all, is a privilege granted only to those who are found worthy thereof, and not
indiscriminately to anybody at all on the basis alone of marriage to a man who is a citizen of
the Philippines

2) Rule after Mo Ya case

- an alien woman marrying a Filipino native-born or naturalized, becomes ipso facto a
Filipino provided she is not disqualified to be a citizen of the Philippines under Sec 4 of the
same law.

- The decision in effect ruled that it is not necessary for an alien citizen éo prove in a judicial
proceeding that she possesses all the qualifications set forth in Sec. 2 and none of the
disqualifications under Sec. 4, both of the Revised Naturalization Law.

Citizens under 1935 Constitution

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.

Citizens under 1973 Constitution

SECTION 1. The following are citizens of the Philippines:

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

(2) Those whose fathers or mothers are citizens of the Philippines.

(3) Those who elect Philippine citizenship pursuant to the provisions of the Constitution of
nineteen hundred and thirty-five.

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

Citizens under 1987 Constitution

Section 1. The following are citizens of the Philippines:

[1] Those who are citizens of the Philippines at the time of the adoption of this Constitution;

[2] Those whose fathers or mothers are citizens of the Philippines;

[3] Those born before January 17, 1973, of Filipino mothers, who elect Philippine citizenship
upon reaching the age of majority; and

[4] Those who are naturalized in accordance with law

Children of Filipino Fathers (P.69 Paras pdf count)

1)Enunciates the principle of jus saguinis

2) Applies whether the mother is Filipino or not, or where the child is not born in the
Philippines

“1 Minor children of persons naturalized under this law who have been in the
Philippines shall be considered citizens thereof.

2. A foreign-born minor child, if dwelling in the Philippines at the time of the

naturalization of the parent, shall automatically become a Philippine citizen, and a
foreign-born minor child who is not in the Philippines at the time the parent is
naturalized, shall be deemed a Philippine citizen only during his minority, unless he
resides permanently in the Philippines when still a minor, in which case he will
continue to be a Philippine citizen even after becoming of age.

3. A child born outside the Philippines, after the naturalization of his parents shall be
considered a Philippine citizen, unless within one year after teaching the ‘age of
majority, he fails to register himself as a Philippine citizen at the Philippine consulate
of the country where he resides and to take the necessary oath of allegiance.”

Naturalization

- the process of acquiring the citizenship of another country.

- In a strict sense, it is a juridical process where the formalities of the law have to complied
with including a judicial hearing and approval of petition.

- In the broad sense, the acquisition of another citizenship by such acts as marriage to a
citizen, and option to elect a citizenship.

-Whether there can be a judicial declaration that a person is a Filipino citizen, the Supreme
Court in Yung Uan Chu vs. Republic,G.R. No. 34973, April 14, 1988, said No. He has to
apply fornaturalization and adduce evidence of his qualifications. But if a person who claims
to be a Filipino is being compelled to register asan alien, his remedy is to go to court and
file a petition for injunction and prove therein that he is a Filipino. (Lim vs. Dela Rosa, L-
17790,March 31, 1964). On the other hand, if a person is being deported but he claims to
be a Filipino and can prove it, he cannot be deported because you cannot deport a Filipino.

Attributes of Nationalization

- Citizenship is not a right, but a privilege

- Requisite conditions for naturalization are laid down by the congress: the courts cannot
change or modify them.

-Only foreigners may be naturalized.

-Naturalization may be revoked

- Naturalization demands allegiance to the constitution, laws, and government

- Naturalization is a proceeding in rem, thus jurisdiction over the entire world is acquired

Qualifications for Naturalization

Naturalization signifies the act of formally adopting a foreigner into the political body of a
nation by clothing him or her with the privileges of a citizen. Under current and existing
laws, there are three ways by which an alien may become a citizen by naturalization: (a)
administrative naturalization pursuant to RA 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 (Edison So v. Republic of the
Philippines, GR. No. 170603, January 29, 2007).

Kinds/Qualifications/Steps in Naturalization

1) Administrative naturalization is provided for under Republic Act 9139, otherwise

known as “The Administrative Naturalization Law of 2000”. The applicant must be a
foreigner who was born, who studied and has resided in the Philippines since birth
and must be at least 18 years old at the time of filing the petition.

The application process is commenced by filing a verified petition with the Office of
the Special Committee on Naturalization (SCN) at the Office of the Solicitor General.
The petition is then published once a week for three consecutive weeks in a
newspaper of general circulation. The petition will be furnished to pertinent
government agencies like the Department of Foreign Affairs (DFA), the Bureau of
Immigration (BI), the National Bureau of Investigation (NBI) for clearance and lack
of derogatory record on the petitioner. The SCN, who has the power to approve or
deny the petition is composed of the (1) Solicitor General as Chairman, (2) the
Secretary of Foreign Affairs or his duly authorized representative and (3) the
National Security Adviser as members.

2) Under Commonwealth Act 473, otherwise known the ‘Revised Naturalization Law’ as
amended, judicial naturalization may be filed by a foreigner applicant in the Regional
Trial Court (RTC) where the petitioner resided at least 1 year immediately preceding
the filing of the petition.

To qualify, the petitioner must be at least 21 years old on the day of the hearing of
the petition, not on the day of filing of the petition. The foreign applicant must have
been legally admitted into the country either as immigrant or non-immigrant and
resided in the Philippines for a continuous period of not less than 10 years. The
period of residence is only 5 years if the applicant a) honorably held office under the
Government of the Philippines; b) established a new industry or introduced a useful
invention in the Philippines; c) is married to a Filipino woman; d) engaged as a
teacher in the Philippines or e) was born in the Philippines.

During this period of residence, he must have conducted himself in a proper and
irreproachable manner in his relation with the government and the community in
which he resides.

The applicant must also be of good moral character and must believe in the
principles of the Philippine Constitution. It is imperative that a foreigner applicant
must adhere to the State Principles and Polices enunciated in Art 2 of the 1987
Constitution.

Additionally, he must show financial capacity such that the applicant must own a real
estate in the Philippines, or must have a lucrative trade, profession or lawful
occupation. He must also be able to speak English, Spanish or any of the principal
Philippine languages. This is to prove that the foreigner is not a public charge and
will not be a burden to the society.
Finally, he must have enrolled his minor children in schools where Philippine history,
government and civics are part of the curriculum.

The petition for judicial naturalization is commenced by filing a Notice of Intent to

acquire Philippine citizenship with the Office of the Solicitor General within 1 year
prior to the filing of the petition. The Notice of Intent may be dispensed with, if the
applicant was born or studied his primary and secondary education in the country or
resided in the Philippines continuously for 30 years.

The petition for judicial naturalization at the Regional Trial Court must be
accompanied by affidavits of two credible citizens of the Philippines personally known
to the applicant. The petition will be published once a week for three consecutive
weeks in the Official Gazette and a newspaper of general circulation where the
petitioner resides.

The decision of the judge favorably granting the petition for judicial naturalization
will be the basis for the acquisition of Philippine citizenship.

Pursuant however to Republic Act No. 530, ‘An Act Making Additional Provisions for
Naturalization’, decisions granting the application for naturalization shall become
executory only after 2 years from its promulgation and after finding by the court,
upon proper hearing that the applicant during the two-year period has a) not left the
Philippines; b) dedicated himself continuously to a lawful calling or profession; c) has
not been convicted of any offense or violation of government promulgated rules; d)
committed any act prejudicial to the interest of the nation or contrary to any
government announced policies.

Once the decision becomes final and executory, the petitioner in open court must
take an oath of allegiance to the Philippines and thereafter will be issued a certificate
of naturalization by the clerk of court.

3)In the case of legislative naturalization, the pathway to Filipino citizenship is

commenced by filing a bill by any member of the House of the Representatives or
the Senate of the Philippines.

As provided for under Section 26, paragraph 2 of the 1987 Constitution, a

naturalization bill shall be passed after undergoing three readings on separate days
in the house of Congress where it originates.

On first reading, in line with the legislative process of how a bill becomes a law, the
title and number of the bill are read into the records and thereafter referred to the
proper committee for consideration.

The committee then evaluates the bill as to the necessity of conducting public
hearings, where resource persons, experts and other stakeholders on the proposed
naturalization bill may be invited. If the committee finds that no public hearing is
needed, it schedules the bill for committee discussions. Based on the result of the
public hearings or committee discussions, the committee may introduce
amendments, consolidate bills on the same subject matter, or propose a substitute
bill. The committee will then prepare the corresponding committee report.

During the second reading, after the sponsorship speech by the proponent or
sponsor of the naturalization bill, debates on whether the grant of citizenship to the
foreigner is favorable to the country or not will transpire. Amendments may also take
place and voting thereto may be done by manual count, nominal voting, viva voce or
division of the house.
 On third reading, the only number and title of the amended naturalization bill will be
read. No further amendments on the bill will allowed at this stage. The members of
Congress will then vote on the bill either by nominal voting or a roll call. The member
if he so desires may explain his vote. The naturalization bill granting Filipino
citizenship to a foreigner must be approved by an affirmative vote of the majority of
the members present.

The approved naturalization bill is thereafter transmitted to the other house of

Congress for its concurrence. If the bill originated from the House of
Representatives, it will be transmitted to the Senate and vice versa. There, it will
undergo the same legislative process.

Ordinarily, there are no contentious provisions on a naturalization bill. In case of

differences or disagreements however between the versions of the bill from the two
houses, a conference committee composed of members from each house of congress
is constituted to settle the disagreements. The conference committee will then sign a
committee report.

Thereafter, copies of the bill, signed by the Senate President and the Speaker of the
House of Representatives, duly certified by both the Secretary of the Senate and the
Secretary General of the House, are transmitted to the President for his signature
and approval. Once the bill is signed by the President, the bill becomes a law.

After publication of the naturalization law, oath taking by the foreign applicant and
the issuance to him of a Certificate of Naturalization by the Bureau of Immigration,
the foreigner is granted Philippine citizenship with all the rights and privileges of a
naturalized citizen under Philippine laws.

Dual Allegiance and Dual Citizenship

- Dual citizenship is the state of having two or more citizenship wile dual allegiance is the
state of having dual or multiple allegiances to several states.

- Under Section 5, Art IV of the Constitution, dual allegiance is considered to be inimical to

the national interest, which applies only o a single specific instance, which is that where a
naturalized Filipino citizen continues to maintain his allegiance to his mother country.

What rights and privileges will dual citizens enjoy?

Those who retain or reacquire their Philippine Citizenship under RA 9225 shall enjoy full civil
and political rights and be subject to all attendant liabilities and responsibilities under
existing laws of the Philippines and the following conditions:

Those intending to exercise their right of suffrage must meet the requirements under
Section 1, Article V of the Constitution, Republic Act No. 9189, otherwise known as "The
Overseas Absentee Voting Act 0f 2003" and other existing laws.

Under the Act, the right to vote or be elected or appointed to any public office in the
Philippines cannot be exercised by, or extended to, those who are candidates for or are
occupying any public office in the country of which they are naturalized citizens and/or
those who are in active service as commissioned or non-commissioned officers in the armed
forces of the country which they are naturalized citizens.
Those seeking elective public office in the Philippines shall meet the qualifications for
holding such public office as required by the Constitution and existing laws and, at the time
of filing of the certificate of candidacy, make a personal and sworn renunciation of any and
all foreign citizenship before any public officer authorized to administer an oath.

Those appointed to any public office shall subscribe and swear to an oath of allegiance to
the Republic of the Philippines and its duly constituted authorities prior to their assumption
of office: Provided, That they renounce their oath of allegiance to the country where they
took that oath.

Expatriation

-commission of an act that results in the loss of the citizenship.

How citizenship may be lost and reacquired

Commonwealth Act No. 63— An Act providing for the ways in which Philippine citizenship
may be lost or reacquired.

SECTION 1. How citizenship may be lost. —A Filipino citizen may lose his citizenship in any
of the following ways and/or events:

(1) By naturalization in a foreign country;

(2) By express renunciation of citizenship;

(3) By subscribing to 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 army,
navy or air corps in time of war, unless subsequently a plenary pardon or amnesty has been
granted; and

(7) In the case of a woman, upon her marriage to a foreigner if, by virtue of the law in force
in her husband’s country, she acquires his nationality.

NOTE however that under Sec 4 Article IV of the 1987 Constitution the marriage of woman
to a foreigner is no longer expatriating unless they categorically renounce their Philippine
citizenship.

SEC. 2. How citizenship may be reacquired— Citizenship may be reacquired:

(1) By naturalization: Provided, That the applicant possesses none of the disqualifications

prescribed in section two of Act Numbered Twenty-nine hundred and twenty-seven;
(2) By repatriation of deserters of the Army, Navy or Air Corp: Provided, that a woman who
lost her citizenship by reason of her marriage to an alien may be repatriated in accordance
with the provisions of this Act after the termination of the marital status; and

(3) By direct act of the National Assembly.

Republic Act No. 9225

Republic Act No. 9225 is an Act making the citizenship of Filipinos who acquire foreign
citizenship permanent, amending for the purpose Commonwealth Act No. 63.

RA 9225, which took effect on 17 September 2003, declares that former natural-born
Filipino citizens who acquired foreign citizenship through naturalisation are deemed not to
have lost their Philippine citizenship under conditions provided in the Act.

There former Filipinos can re-acquire/retain their Philippine citizenship by taking the oath
of allegiance to the Republic of the Philippines.

Does the law RA 9225 apply to dual citizens?

RA 9225 does not apply to dual citizens, ie, those who have both Philippine citizenship as
well as foreign citizenship not acquired through naturalisation.

A child born of parents who are both Filipino citizens (at the time of birth) in a country that
adheres to the jus soli principle (eg, the United States) is a dual citizen. The child, who is a
natural-born Filipino because the Philippines adheres to the jus sanginis principle, is also
entitled to apply for a US passport.

Jus soli (right of soil) is the legal principle that a person's nationality at birth is determined
by the place of birth (ie, the territory of a given state)

Jus sanguinis (right of blood) is the legal principle that, at birth, an individual acquires the
nationality of his/her natural parent/s.

What is the Oath of Allegiance?

The Oath of Allegiance is the final act that confers Philippine citizenship. It reads as follows:

"I,________________, solemnly swear that I will support and defend the Constitution of
the Republic of the Philippines and obey the laws and local orders promulgated by the duly
constituted authorities of the Philippines, and I hereby declare that I recognise and accept
the supreme authority of the Philippines and will maintain true faith and allegiance thereto,
and that I impose this obligation upon myself voluntarily without mental reservation or
purpose of evasion.

Can the conferment of Philippine citizenship be revoked?

The conferment of Philippine citizenship under the IRR shall no longer be subject to the
affirmation by the Secretary of Justice. However, Philippine citizenship may be revoked by
competent authority upon a substantive finding of fraud, misrepresentation or concealment
on the part of the applicant.
Can my foreign spouse also become a Filipino citizen under RA 9225?

No, the law does not apply to the foreign spouse. He/she has the following option if he/she
wishes to reside permanently in the Philippines: (a) apply for naturalisation; (b) apply for a
permanent resident visa.

Can my children (minor or aged 18 years old or over) also acquire Philippine citizenship
under RA 9225?

According to Section 4 of RA 9225 (Derivative Citizenship), the unmarried child, whether

legitimate, illegitimate or adopted, below eighten (18) years of age, of those who re-acquire
Philippine citizenship under this Act shall be deemed citizens of the Philippines.

A married child, although a minor, cannot therefore be included in the petition of his/her
parent.

Children 18 years old and over do not qualify to acquire Philippine citizenship under RA
9225. They have the same options that are open to the foreign spouse

What is the procedure for derivative acquisition of Philippine citizenship?

The petition under oath has the option to list the names and details of any minor, unmarried
children. The applicant should include a copy of the Report of Birth and the original copy of
Record of Birth for each minor child

The Embassy will clarify from Bureau of Immigration the exact procedure in case of the
minor children and whether the BI will issue to them a Certificate of Identification.

Domiciliary Theory

- The domiciliary theory in conflict of laws is the theory that in general the status,
condition, rights, obligations, and capacity of a person should be governed by the
law of his domicile
- relation the law creates between an individual and a particular locality or country.
- Domicile of a person is the place where he has his true, fixed, permanent home and
principal establishment and to which whenever he is absent, he has the intention of
returning, and from which he has no present intention of moving.
- includes the twin elements of “the fact of residing or physical presence in a fixed
place” and “animus manendi or the intention of returning there permanently”.

Domicile vs. Citizenship

- Domicile speaks of one’s permanent place of abode in general

- citizenship and nationality indicates ties of allegiance and lovalty
- A person may be a citizen or national of one state, without being a domiciliary
thereof; conversely, one may possess his domicile in one state without necessarily
being a citizen or national thereof.

IMPORTANCE OF KNOWING DOMICILE

 a. Our own law makes in some cases the law of the domicile as the controlling factor in
the solution of conflicts problems rather than the national law of. the person
involved. This is particularly true in the revocation of wills.
“Article 829. A revocation done outside the Philippines, by a person who
does not have his domicile in this country, is valid when it is done according
to the law of the place where the will was made, or according to the law of
the place in which the testator had his domicile at the time; and if the
revocation takes place in this country, when it is in accordance with the
provisions of this Code.”
b. In some codal provisions, both the domiciliary and the nationality theories are used.
“Article 816. The will of an alien who is abroad produces effect in the
Philippines if made with the formalities prescribed by the law of the place in
which he resides, or according to the formalities observed in his country, or in
conformity with those which this Code prescribes.”
c. domiciliary theory often runs to the rescue of the nationality theory in solving
conflicts problems posed by Stateless individuals, and by those possessed of a dual
or multiple citizenship.
d. Some very important nations of the world have adopted almost invariably the
domiciliary theory

DEFINITION OF DOMICILE

Domicile is that place where a person has certain settled, fixed, legal relations because:

a. it is assigned to him also by the law AT THE MOMENT OR BIRTH (domicile of origin);
or
b. is assigned to him also by the law AFTER BIRTH on account of a legal disability
caused for instance by minority, insanity, or marriage in the case of a woman
(constructive domicile or domicile by operation of law); or
c. because he has his home there – that to which whenever he is absent, he intends to
return (domicile of choice)

RULES FOR DOMICILE OR ORIGIN

(a) a legitimate child — is the domicile of choice of his father at the moment of the birth
of the child.
Example: If a Filipino child is born in France at the time that his father is
domiciled in Japan, the domicile of origin of the child is in Japan.
However, if the child is posthumous (one born after the death of the father)
its domicile of origin is the domicile of choice of the mother.
(b) an illegitimate child — is the domicile of choice of the mother at the time of the birth
of the child.
(c) a legitimated child (an illegitimate child who subsequently is granted the status of a
legitimate child by the process called legitimation) — is the domicile of the father at
the time of the birth (not the legitimation) of the child. This is so because “the
effects of legitimation shall retroact to the time of the child’s birth.” (Art. 180, Family
Code).
(d) an adopted child — is not the domicile of the adopter (for generally adoption takes
place sometime after the ‘birth of the child) but the domicile of the real parent or the
parent by consanguinity.
 (e) a foundling an abandoned infant whose parents are unknown - is the country where
it was found.

RULES FOR THE CONSTRUCTIVE DOMICILE

(a) Rules for Infants:

- If legitimate — the domicile of choice of either the father or the mother.
Example : If at the time-the child is say Bix years old, the domicile of choice
of either the father or the mother is in the United States (California) then
California will be the constructive domicil the child at that age. If by the time the child pa
becomes eleven years old, the father or mother ia already domiciled in China, China will
be the constructive domicile of said child at the age of eleven.
- If illegitimate — the domicile of choice of the mother (after all she is supposed to take
care of the child) (See Minor, Conflict of laws, pp. 92-93), Under Art. 176 of the Family
Code, “illegitimate children shall be under the parental authority of their mother.”
- If adopted — the domicile of choice of the adopter

RULES FOR DOMICILE OF CHOICE

(a) No natural person must ever be without a domicile.

(b) No person can have two or more domiciles at the same time, except for certain
purposes, and from different legal viewpoints.
(c) Every sui juris may-change his domicile.
(d) Once acquired, it remains the domicile unless a new one is obtained:
1. by a capacitated persons;
2. with freedom of choice;
3. with actual physical presence in the place chosen
4. and a provable intent that it should be one’s fixed and permanent place of
abode - one's home – that is, there should be “animus manendi” (intent to
remain) or “animus nonrevertendi” {intent not to return to the original abode).
DOMICILE DISTINGUISHED FROM RESIDENCE

- Residence is more or less temporary. A person can have several residence

- Domicile is more or less permanent. Generally, he can have only one domicile.
- Residence is not domicile, but domicile is residence coupled with the intention to
remain for an unlimited time. A man can have but one domicile for one and the same
purpose at any time, but he may have numerous places of residence. His place of
residence generally is his place of domicile, but is not by any means, necessarily so
since no length of residence without intention of remaining will constitute domicile.”