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A Eeediok. 18 yi Basinrnem CONFLICT OF LAWS LAW USRARY CABANATUAN CITY wy ALICIA aah > LLB, LLM ARAULLO UNIVERSITY | | i | | ALICIA V, SEMPIO-DIY ARAULLD ON'VERSITY. Lia SRARY Jos sol person 6» eve ofthe count where e was sen the est fh ith Ths, the Baby of Pio pases in the CS i os ony a Hip But alo 25 Amenean ezen the pipe of un, whi the US flows. Jus sanguinis- Tiss erate fllow the Piepines ieiscicenshp by blondie hove wove Fter or mosher, or bose heh pares at Pipe cen, pa cite 4 Who determines whether 4 perin sa citizen ofa certain state for counts? For example, whe detemines whether x perm i= Filipino etizen or not Eachcounty rst as these power an authon to determine ronded in At othe Hague Convention on Conf of Nato Ts chp 12.195 ‘heaton of spars ste suuld be deere Jc 1V of she 1987 Consatin uf the Phils deteminss fan determine wo ae Fino Sine; oe Consonants Onis the Inv of Chia, o the lw of the Une Staten an determane 5. Considering that only the Philippines can determine who are Filipino cizens, iz the pre o the dua or mp cites of a Filipino acne the Philipines? cour eounty sot concerned he assy ote zens For example he ws oem of Fp pares, he waa en zen unde te ‘ale of jerome Hema ak be US cheep under prince of (6. What about Sec. 5, Art IV ofthe 1987 Constitution providing that “dual allegiance of zens is inimical othe national interes tnd shall be dealt with by law"? Does this provision probibie Filipinos om having dual cizenship hereof Bathe concen of te worst prov 1 not th du eizensip perv bt wath maori eens oft Philippines who all maintain dhe lance othe eounties of thee | 2 ements iin pine ws ermine tho ae Flipfoo chizens and who are nuh, so that it dove not {etecmine whether a Flipno is ao an American cizes or = ‘Chinese ica ete, when would the pobem of dal ena of a Filipino arise? Such queton wo are only fom dhe point of view of a Ahied state For example, x gl whose parents are Hlpnon but who ‘wee born a eed al es fein Caforn, OS. aping for ‘clamp na Feench univer the French shone il regard her Leo which pra ctl sal be rented Tied nl ne Without prepdce tothe application of its Law in perl mates apd of 20 ‘sich any such peteon porseies,sopnize clue abinally and pancialy resem, or the analy ofthe ‘oan mith which inthe cmstances he pps Bea ft row connected Undoubtedly, in the above problem, California i the more effecive connecting Ito i determining, which of the els S.In-what cate or cases may «Filipina have dual citizenship fom the point of view ofa third state? 2) Ina ease whee Flipino (bere his patents ae Fins pense Fi var bom im Ames sl, tes Fine ne he ne su a Flpio woman marie forces whose natal a allows her o become a atzen of her haband county ike Cain by ‘ech manage. she st eas her Pippin reas uner Art Nese ‘Sof the 1987 Conttuton unless by her ato minions deen to have renounced he Piippine chizensip Tetclore, she would be both lipo anda Chinese ze, fe does nothing to renounce her Pippin cizcshin 9. Give an example of problem involving a allen whe, ftom the point of vew of the Philippines, has dual citizenship. Example. A woman wh i 2 Japanese cen by bod! but Chinese cizen by ensenage, he, eng rome proper ve cess shee she dd some busines beer het den Sine A016, poe 2 ot the New Cal Code, egies uo apply he sora in deter, who ae her bets and ow uc ste shate of ech, we shoud ko Thich a Pippin cout sold app oer succession, wheter Japanese lwo Chinese lw 10. How shold the foregoing problem of dual cizenship be resolved? We should apply the “fective ations” thoey presous splined. I the decewsed woman wn + domiiaey of Japen st the me of he den, then the Pipine court shuld apy pane [however she war a domly of Cina the sine of her deh the out shoal apply Chinese I Ti tecaute he law of the county ‘of which the deceased war both a ctzen and a domiciliary a the time of her death i comridered more effectively connected to fer than her other national lw: Of stated otherwise she was more closely connecied tothe country where, being a cizen dherot, she and her family also made it their home, Neclesso 9. that onuywheee she and her far ha thee home wa lose to he est than her other nana aw And sal penal an amy matter ‘hat aw da he our shoud apps 1 Suppose inthe above problem, the deceased woman was residing a he time of her death not in Japan or China, but in another or Ahied counsry, like Singapore? Wil the sluson tothe problem be stat be wae more los connected |apan or Cina, the counmes which she wa canon the ne fer eat Tn thea, hen, te her dame a there of her death (Singapore $0 we soul se spply henson eo by aig eros nationals apanese #04 and apg them togethe itor a the are consent ed ovr with ich oer Bui they are onsen andi conte, with each ice, then we should akeady app he fo of Sagepoc Which was er domicile and home atthe ine of er eth 12, Sappote the penn whoteexcceston isin quetion before a Philippine courts stateless, How should the court decide the ese? Since te perio in question i sacs and, hereon, hs no tinal am we cannot api he atonal theory (At. 16, se. pat ‘New Ci Code oJ this eae agin he dancin hetey comet tothe eis and the cour shallapply he a of dome 1B. May a declaration of Philippine citizenship be made in a petition for natucalization? In Comm of Irmition & Gar, L402, Ja 28,1974, the Supreme Cour eld hither in pecion for marae, anaot ‘kes decrton tht he applcint ead + lpn zen for the ‘uso that mts unset, hee canbe do independent for he tndcul decaraton of one's zens. Contes of pace ext only for the seslement of juste controversies, which imply # pen gh lepaly demandibie and enforceable an stor omison ole of righ, and ga ema forthe beach of sa ht |W. May a declaration of Philippine citizenship be made i a special proceeding for corecion of entry under Rule 18 of the Rees of Coun? since» peiton nde Rue 108 comenples a summary procending -sbstnti eon ike cizenhip anno be comete therein ing has akeidy been speeded ty sabnage Para 1225CR1526.Ro 6 Vn R482: Rap Bam 158 SCR 173 among othe tee fatal proc fale 108 we fom and aliperon th nteoa eek had ben notified and fil ow ea hed te oceans longer sua but trees dentate inc coe aed beeoneted under ale 8 18. Who ae citizens of the Philippines under she 1987 Con ion? ATV, See of dhe 1987 ¢ ofthe Piippnes as foley adoption of this Consutution: . = The wos fhe orotate he Py 3) Those born before lan ner. Tie 973, of Flpiso mother, sho ee Patines upon rec the ae (4) Those who ate maualzd in acondance wth nu 16, Tho were izes ofthe Philipines under the 1973 Costar Ac I Secon () of the 1973 Cont following are ci ae won te Papin (0) Those who are sens of he Philippine the ine ofthe Fhe whore ers ac ofthe Piipines, 0 Tae vho det Pippi sent pursatitie pre () Toe who ar nate in accodace wth 17. Sice the 1973 Constitution considers as Filipino ‘who were such ath time ofthe adepriom of std Conrttaion oo January 171973, who ae those relented to in aad provision? Ther ae thse enumerated Ar. 11935 Consent 2) Those who ace cizens ofthe Pppncs tthe ue ofthe ‘option of the Conseaon of the Pilepnes, 2) Those horn inthe Pippin ands of foreign parent who 1) Those whowe moter ate eitaens ofthe Phun ad mn eachng the ae of mann et Phipps ine 3) Thove who age ature wn acondance ith 18. Dildereniate the czenshipofeilden bor of Filipino mothers tnd alien fathers under the 1985 Constitton, from those born of| Flow other and ae thers under the 173 and 1987 Consiaions Wile the 1935 Cunstton consdes Flpine ees a bith rm antur-bom ize onl the whine fibers were Fines oe tine ofthe bth whale hme born of Fine meters an thers Sal had tn et Phppine cies upon echng major before he ‘ould be Pipe cites, sigue ciden af Pip mashes {toa rely Figs beens Flips blood owe ra the ve) Considers tren eens those bor of Fbpne mother, ven the fthete wee aes In other words hone born aie the effec 73 Constiaen on Janay 17,1973 of Fipine mothers but of raced lea Pupine Finer bit 19. Inthe case of election of Philippine citizenship under the 1935 Constitution, as ofwhat time should the mother be a Flip? At lhe te of her mazrage to an alien, atthe ime of the ehil’s bait, or atthe ime ofthe chil’ election upon reaching the age of majoiy? At the time of the mothers marge to an ben. For if we ee the mother oe x Fl the une ofthe cs ah, vers Few clic willbe tented by the provision beet he ther won hae se become ap aen 2 the ene uf be marage (allowing the Mubad’ allen cies) al befone the cil’ lth Likewise of we ‘hd lection, gan vey few chen woud be ale o ey, beenne ther mother would have aleady become ales when they got mand to thew abe husbands long before he its 0 the are. 20, Where do vou find the la providing for eection of Philippine chizenship ander the 1935 Contucion? pe 21, Who were Filipino citizens at the dime ofthe adoption of the 1935 Constinion om May 1, 1935 €) Those bor ie Piipines who eed theron Ap 11,109 (ed of th elton othe Ty of Pa ere hc US and Spa and were Suh ae om tat ee, bles ‘bey badint the Php ccnp on iy 1 138 Nave ofte Spanish Perna who sdednthePappine on Apa 1, 1899, and wit ed not decre thei inten of reserving thar Spas mato between tat date and Ocober 3) Natarized nae of Spa wo eed i the Philp om April 11, 1899 and who dh nor dear the 1.1900, ules hey had Deh eienaipby ay 14,1988, pois oom beeen tht date ad Octber 1899,unles they dost tha Php zens by May 1, 1935, Pesca who bene asi cies the Pippen hace withthe proce oth nthe Natarlat Sane enactment ct larch 22,1920 ules thy had on thet Phiipine cuseacip on or before May 14.1935, (6) Chien of persons eae 5), ules they bad ‘her Phkppne cits on or ioe Nay 14. 1935, ©) lipo women wh, fer eng last Philp cienship by marge to foregner, had sobuauenth Desc sen and epanedPaisppin cizemsp un or before Mav 1.1995 ( Chisten of () who were sll under 24 yeas of age ath tame the others eps Phippne ccnp (Race: Cal, 29 at 5; Tl. Us GR LSAT, Si 26.1952 Fee women who, efne Mar 14, 1935, go aed © eet ppinns whom heehee ifr ated Sar pine ales ey bad lst her Plein cazenship oP Se before Nay 14, 1935; A otkerpesins bom a the Philipines who cm te eng Sion the x edocs Jp Ue Rone To tne cours as Flpnoczensunkes hes la 1935. These ze tzen DS m2 7 ain GR 47616 Sip 16,1987: (09) of the eroneous apex Sere minakeny desea ad low thie zens by rat See Tan Choe 2 of “Tale » Up, 090) (Pars sus 9p 122128) 22 Wy in the law om election of citizenship wnder the 135 Constitution a tansitory lw? Because ic wns effective only at long 18 there were cidren of Fain aes nd sen fae who wee lowed ect Pp Fa en eachng 2) year Home ter 198 21 yn form Sa athe 1938 Conese) tee were oonge those tho a plppane cient bees olf then wold be Aa ca ed ey cer had ready eles o not det ale io ec 2 ip ty continued tbe sen allowing the zens of Ah faters vp mother of a child born under the 1935 hee alien husband, whats 25, Suppote the Filip Conasiton was not legally maces (0 fhe cinenaip € the chiM? shed beng eptinate fed he zeship of theoet eithow need of eecoon. Hence he i isa Fpno fro bath 2A. What i the chizensip of « Fino woman who masies + foveigne®? (0) Prior the 173 Contain Ish ee he natonat eater aben bsbund the Sst her Phiipine cen Ghent she remaned pine Examples ae the ny Fins wo marie Cine Chine shade Since un Sli of Cathey lowed te snd eng they al became Chie, Tet shy mary Fa ‘opted not to marry their Chinese husbands le aes they would cemain lipitor andthe chiles beng illegitimate, ate alto iipins. ie (@) Under the 1973 Constiraton: A en mA fale cen of he Philipines who mara an ae hal ein ber Pipi