Personal Law, Nationality, Domicile

A. Nationality
Nationality vs. Citizenship
Nationality is membership in an ethnic, social, racial and cultural group
Citizenship is membership in a political society (defines voting rights and right to hold public office)

IMPORTANCE OF PERSONAL LAW

1. Serves as a permanent connection between the individual and a state.
2. The reason for assigning him a personal law which allows the courts to exercise jurisdiction or determine the
governing choice of law rule on a specific situation or transaction involving him.
3. It is the nationality of an individual that regulates his civil status, capacity, condition, his family rights and duties,
laws on succession, and capacity to succeed.

NATIONAL LAW THEORY – is a conflict of laws theory by virtue of which jurisdiction over the particular subject matter
affecting person, such as status of natural person, is determined by the latter’s nationality.

NATIONALITY CONFLICT RULE

Article 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. (9a)

I. Determination of Nationality
Each state, through its municipal laws, has the prerogative and authority to determine who are its nationals or citizens.
(Article 2 of The Hague Convention)

How acquired:
a. By Birth
b. By Naturalization

ARTICLE IV OF THE PHILIPPINE CONSTITUTION:

1. Those who are citizens of the Philippines at the time of the adoption of this Constitution, (B/N)
2. Those whose fathers or mothers are citizens of the Philippines, (B)
3. Those born before January 17, 1973, of Filipino mothers, who elect Philippine Citizenship upon reaching the age of
majority, and (B)
4. Those who are naturalize in accordance with law. (N)

II. Citizenship at Birth

Two Theories
1. JUS SOLI - Follows the law of the place where one is born.
2. JUS SANGUINIS - The rule of the descent or blood.

 The Philippine Constitution applies the Jus Sanguinis principle which means the rule of descent or blood.

Multiple Citizenships
 acquired by the simultaneous application of the doctrines of Jus Soli and Jus Sanguinis.
 In case the litigation arises in a third country, the law most consistently applied is at that of the country of which the
person is not only a national but where he has his domicile or habitual residence, or in the absence thereof, his
residence
 In the determination of the rights of an individual who may claim multiple nationalities in the third state, the
International Court of Justice applied the principle of effective nationality.”

MULTIPLE CITIZENSHIP ARISES DUE TO:

a. through a naturalized citizen’s failure to comply with certain legal requirements in the country of origin
b. from a combined application of jus soli and jus sanguinis principle
c. by the legislative act of states
d. by the voluntary act of individual concerned
 Principle of Effective Nationality (Nottebohm principle) - the national must prove a meaningful connection to the state
in question. It is applicable only in cases of dual nationality to determine the nationality that should be used in a
given case.

III. Natural Born Citizenship

NATURAL-BORN CITIZENS - are those who are citizens of the Philippines without having to perform any act to acquire or
perfect citizenship.

IV. Foundlings are Natural Born Citizens`

Foundlings – abandoned children with no known natural parents
Why considered as Natural Born Citizen?
1. They are not excluded under the constitution.
2. Domestic and international law accords them that status.
 So long as there is a high probability that the foundling’s parents are Filipinos.

V. Citizens by Naturalization
Naturalization – refers to the acquisition of citizenship by the performance of some positive act.

Procedure for Naturalization

The following are the steps for naturalization –
1. A declaration of intention to become a Filipino citizen must first be filed, with the Office of the Solicitor General,
unless the applicant is exempted from this requirement;
Exemptions to the filing of Declaration of Intention –
• Persons born in the Philippines and who have received their primary and secondary education in public
schools or private schools recognized by the government, and not limited to any race or nationality
• Those who have resided continuously in the Philippines for a period of thirty years or more before filing
their application
• The widow and minor children of an alien who declared his intention to become a citizen of the Philippines
and dies before he is actually naturalized
2. The petition for naturalization must then be filed
3. After publication in the official gazette or newspaper of general publication the petition will be heard
4. If the petition is approved, there will be a rehearing two years after the promulgation of the judgment awarding
naturalization
5. Taking of the oath of allegiance to support and defend the constitution and the laws of the Philippines

QUALIFICATIONS OF NATURALIZATION
a. The petitioner must not be less than 21 years of age on the date of the hearing of the petition;
b. He must have, as a rule resided in the Philippines for a continuous period of not less than 10 years;

Note: The minimum ten-year residence requirement is to enable the government to observe the applicant’s
conduct and to ensure that he has imbibed the principles and spirit of our Constitution.

However, this period may be reduced to five years in any of the following cases:
1. If the applicant has honourably held office under the Government of the Philippines or under any of the
provinces, cities, municipalities, or political subdivisions thereof;
2. If he has established a new industry or introduced a useful invention in the Philippines;
3. If he is married to a Filipino woman’
4. If he had been engaged as a teacher in a public or recognized private school not established for the
exclusive instruction of children of persons of a particular nationality or race in any of the branches of
education or industry for a period of two years;
5. If he was born in the Philippines.

c. He must be of good moral character, and believe in the principles underlying the Philippine Constitution, and must
have conducted himself in a proper and irreproachable manner during the entire period of his residence in the
Philippines in his relation with the constituted government as well as with the community in which he is living;
d. He mush own real estate in the Philippines worth not less that Php 5,000.00, or must have some lucrative trade,
profession, or lawful occupation;
e. He must be able to speak and write English or Spanish and any one of the principal Philippine languages
 f. He must have enrolled his minor children of school age in any of the public schools or private schools where
Philippine history, government, and civics are taught or prescribed as part of the school curriculum during the
entire period of the residence required of him, prior to the hearing of his petition for naturalization as citizen

EFFECT OF NATURALIZATION IN WIFE AND CHILDREN

1. Any women now or hereafter be married to a citizen of the Philippines, and who might herself be lawfully
naturalized shall be deemed a citizen of the Philippines.
2. Minor children of persons naturalized under this law who have been born in the Philippines shall be considered
citizens thereof.
3. Foreign-born minor child, if in the Philippines at the time of the naturalization of the parent, shall automatically
become a Philippine citizen.
4. Foreign-born minor child, who is not in the Philippine at the time the parent is naturalized shall be deemed
Philippine citizen only during his minority, unless he begins to reside permanently in the Philippines when still
minor, in which case he will continue to be a Philippine citizen even after becoming of age.
5. Child born outside the Philippine after the naturalization of his parent shall be considered a Philippine citizen
unless within one year after reaching the age of majority, he fails to register himself as a Philippine citizen at the
American Consulate of the country where he resides and to take necessary oath of allegiance.

VI. Importance of Citizenship

1. Source of rights and its benefits
2. Source of duty and obligation

VII. Relation to Conflict of Laws

Where the application of laws of two or more states results in a situation where a person becomes a citizen of two or
more countries because:
1. Certain states require the application of a state’s laws to certain matters affecting citizens, or
2. Exercise of certain rights were accorded only to citizens of the state.

VIII. Dual Allegiance

Dual Citizenship – arises when, as a result of the concurrent application of the different laws of two or more states,
a person is simultaneously considered a national by the states. It is involuntary. (Mercado v. Manzano)
Dual Allegiance – refers to the situation in which a person simultaneously owes, by some positive act, loyalty to two
or more states. It is the result of an individual’s volition. (Mercado v. Manzano)
- considered inimical to the national interest

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

Pursuant to Commonwealth Act No. 63, as amended by Republic Act No 106, Filipino citizen may lose his citizenship
in any of the following ways:
1. Naturalization in foreign countries
2. Express renunciation of citizenship
3. Subscribing to an oath of allegiance to support the constitution or laws of a foreign country upon attaining 21
years old or more: provided, however, that a Filipino may not divest himself of Philippine citizenship in any
manner while the Republic of the Philippines is at war with any country;
4. Rendering service to, or accepting commission in, the armed forces of a foreign country.
5. Cancellation of the Certificate of Naturalization;
6. Having been declared by competent authority, a deserter of the Philippine armed forces in time of war, unless
subsequently, a plenary pardon of amnesty has been granted and;
7. In the case of a woman, upon her marriage to a foreigner, if by virtue of the laws in force of her husband’s
country, she acquires his nationality

 Under Section 4, Article IV of the 1987 Constitution, the marriage of a woman to a foreigner is no longer
expatriating unless they categorically renounce their Philippine citizenship

Lost Philippine citizenship may be reacquired only through: (Frivaldo v. COMELEC)

1) Direct act of congress
2) Naturalization or
 3) Repatriation

X. Republic Act No. 9225: Retention and Reacquisition of Citizenship Act (2003)
Repatriation – results in the recovery of the original nationality. (Bengson III v.HRET)
Derivative Citizenship – The unmarried child, whether legitimate, illegitimate, or adopted, below 18 years of age, of
those who reacquire Philippine citizenship upon effectivity of RA9225 shall be deemed citizens of the Philippines.
(Sec. 4, RA 9225)

Retention and Reacquisition

Two groups of beneficiaries:
1. Those who naturalized in a foreign country before the effectivity of RA 9225 – they are deemed to
reacquire their Philippine Citizenship upon taking the oath of allegiance to the Republic.
2. Those who naturalized in a foreign country after the effectivity of RA 9225 – they are deemed to retain
their Philippine citizenship upon taking the same oath.

Practice of Profession
In re: Petition to Re-Acquire the Privelege to Practice Law in the Philippines
- The right to resume the practice of law is not automatic. RA 9225 provides that a person who intends to practice
his profession in the Philippines must apply with proper authority for a license or permit to engage in such
practice.

General Principles in Dealing with Conflict of Nationality Laws

- Hague Convention, Chapter I, Article 1-6 (not discussed)

Citizenship under US Laws

Perez v. Brownell (1958) - Congress has the power to strip a person of his citizenship without his assent as part of
his general power to regulate foreign affairs.
Afroyim v. Rusk (1967) - The state has no power to strip a person of his citizenship. Citizen must voluntarily
relinquished his citizenship. Before a person could be stripped of his citizenship, two requisites must concur:
a. There must be commission of an expatriating act.
b. There must be an intent to renounce or abandon one’s citizenship.

Republic Act No. 9225 and US Citizenship

 Filipinos who have naturalized as Americans and wants to reacquire their PH citizenship under RA9225 without
being stripped of US citizenship: Answer no to the question of a consular officer if he intended to relinquish US
citizenship. With such negative answer, the person is deemed to retain his US citizenship.

XI. Statelessness
- refers to an individual who has been stripped of his nationality by his own former government without having an
opportunity to acquire another.

 Stateless persons are generally subject to the law of their domicile or habitual residence, or in default thereof, to
the law of their temporary residence

A. DE JURE STATELESSNESS – refers to an individual who has been stripped of his nationality by his own former
government without having an opportunity to acquire another.
B. DE FACTO STATELESSNESS – refers to the individuals possessed of a nationality but whose country does not give
them protection outside their own territory.

STATELESSNESS ARISES DUE TO:

1. Deprivation of his citizenship for any cause such as commission of a crime;
2. Renunciation of one’s nationality by certain acts, express or implied;
3. Voluntary release from his original state;