PERSONS AND FAMILY RELATIONS
Juridical Capacity (capacidad juridica)
BOOK I - PERSONS
TITLE I. CIVIL PERSONALITY
CHAPTER 1 : GENERAL PROVISIONS
Persons - any being, natural or artificial,
capable of possessing legal rights and
obligations
Two Kinds of Persons:
1. Natural Persons - human beings
created by God through the intervention
of parents.
2. Juridical Persons - those created by
law.
Article 37. JURIDICAL CAPACITY, WHICH
IS THE FITNESS TO BE THE SUBJECT OF
LEGAL RELATIONS, IS INHERENT IN
EVERY NATURAL PERSON AND IS LOST
ONLY THROUGH DEATH. CAPACITY TO
ACT, WHICH IS THE POWER TO DO ACTS
WITH LEGAL EFFECT, IS ACQUIRED AND
MAY BE LOST.
Juridical Capacity
- the fitness to be the subject of legal
relations.
Capacity to Act
- the power to do acts with legal effect.
Complete Civil Capacity
-the union of the two kinds of capacity.
Difference:
(a) Passive
(b) Inherent
(c) Lost only through death
(d) Can exist without capacity to act
Capacity to Act (capacidad de obrar)
(a) Active
(b) Merely Acquired
(c) Lost through death and may be
restricted by other causes
(d) Exists always with juridical capacity
Article 38. MINORITY, INSANITY OR
IMBECILITY, THE STATE OF BEING A
DEAF-MUTE, PRODIGALITY AND CIVIL
INTERDICTION ARE MERE RESTRICTIONS
ON CAPACITY TO ACT, AND DO NOT
EXEMPT THE INCAPACITATED PERSON
FROM CERTAIN OBLIGATIONS, AS WHEN
THE LATTER ARISE FROM HIS ACTS OR
FROM PROPERTY RELATIONS, SUCH AS
EASEMENTS.
Restrictions/Limitations on Capacity
to Act:
Prodigality - the state of squandering
money or property with a morbid desire to
prejudice the heirs of a person.
Minority -A minor has a capacity to act
but his capacity is restricted.
Insanity or Imbecility
- Insanity is a condition in which a
person’s mind is sick.
- Imbecility is feeble-mindedness, or a
condition in which a person thinks like a
small child.
Monomania - insanity in one thing is not
necessarily insanity in other things.
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Note: If a person is under guardianship
because of insanity, he is of course presumed
insane if he should enter into a contract. But
this presumption is only prima facie or
rebuttable. If it can be shown that he was
acting during a lucid interval, the contract will
be considered valid.
State of Being a Deaf-Mute
- a deaf-mute may either be sane or
insane.
- he may make a will, but cannot be a
competent witness to a notarial will.
Civil Interdiction
- the deprivation by the court of a
person’s right.
- the restrictions do not extinguish the
capacity to act. They merely restrict or
limit the same.
- the incapacitated person is not exempt
from certain obligations arising from his
acts.
Article 39 is broader than Article 38. For while
Article 38 refers to restrictions on capacity to
act, Article 39 includes not only the restrictions
or limitations but also those circumstances that
modify capacity to act.
Example: According to the Code
Commission, a father has generally full civil
capacity and is not as such restricted under
Article 38, however, precisely because he is a
father, his capacity to alienate his property is
modified in the sense that he cannot impair the
legitime of his compulsory heirs.
Family Relations
- a man cannot marry his mother, or
sister, or even a first cousin. The fact that
a man is the father of a family creates an
obligation to give support to his family
and to give his children their legitime.
Alienage
- an alien cannot generally acquire private
or public agricultural lands, including
those residential in nature, except thru
hereditary succession.

- alien corporations cannot under the law

acquire ownership over said lands, even
Article 39. THE FOLLOWING
for a limited period of time.
CIRCUMSTANCES, AMOTH OTHER,
MODIFY OR LIMIT CAPACITY TO ACT:
- an alien cannot vote or be voted for a
AGE, INSANITY, IMBECILITY, THE STATE
public office.
OF BEING A DEAF-MUTE, PENALTY,
PRODIGALITY, FAMILY RELATIONS,
- a Filipino who married to a foreigner and
ALIENAGE, ABSENCE, INSOLVENCY AND
who acquires his citizenship cannot
TRUSTEESHIP. THE CONSEQUENCES OF
acquire land in the Philippines.
THESE CIRCUMSTANCES ARE GOVERNED
IN THIS CODE, OTHER CODES, THE
Absence
RULES OF COURT, AND IN SPECIAL LAWS.
- the fact that one has been absent for
CAPACITY TO ACT IS NOT LIMITED ON
several hears and his whereabouts cannot
ACCOUNT OF RELIGIOUS BELIEF OR
be determined, subjects his property to
POLITICAL OPINION.
administration by order of the court
although his capacity to act is not limited.
A MARRIED WOMAN, TWENTY-ONE YEARS
OF AGE OR OVER, IS QUALIFIED FOR ALL
ACTS OF CIVIL LIFE, EXCEPT IN CASES
SPECIFIED BY LAW.
Married Woman
According to the Code Commission,

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- the fact that a woman is a wife, modifies
her capacity to dispose of the conjugal
property or to bring an action, though her
capacity to act is not limited in the sense
that a minor’s capacity is limited.
CHAPTER 2 : NATURAL PERSONS
Article 40. 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.
Beginning of Personality
- personality does not begin at birth; it
begins at conception. This personality at
conception is called presumptive
personality. It is, of course, essential that
birth should occur later, otherwise, the
fetus will be considered as never having
possessed legal personality.
- personality (actual personality) really
commences at birth.
When No Registration Will Be Made
- if the conditions specified in Article 41
are not complied with, the birth and the
death of the child will not be recorded in
the Civil Registry.
Rule in Case of Abortive Infant
- if a physician operates on a pregnant
woman and succeeds in aborting the
fetus, the parents would normally be
entitled to only moral damages (distress,
disappointment of parental expectation)
and to exemplary damages, if warranted,
but NOT to actual damages (injury to
rights of the deceased, his right to life and
physical integrity).
- the death of a person, does NOT cover
the case of an unborn fetus, since this is
not endowed with personality.
Newborn Screening Act
- “Newborn Screening Act of 2004”
otherwise known as RA 9288 - shall
ensure that every baby born in the
Philippines is offered the opportunity to
undergo newborn screening and, thus, be
spared from heritable conditions that can
lead to mental retardation and death if
undetected and untreated.
- parental or legal guardian’s decision to
refuse testing on the ground of religious
belief shall acknowledge in writing an
understanding that refusal for testing
places the newborn at risk for
undiagnosed heritable conditions. Be it
noted that a copy of this refusal
documentation shall be made part of the
newborn’s medical records and refusal
shall be indicated in the national newborn
screening database.
- Newborn = means a child from the
time of complete delivery to 30 days old.
Article 41. FOR CIVIL PURPOSES, THE
FOETUS IS CONSIDERED BORN IF IT IS
ALIVE AT THE TIME IT IS COMPLETELY
DELIVERED FROM THE MOTHER’S WOMB.
HOWEVER, IF THE FOETUS HAD AN
INTRA-UTERINE LIFE OF LESS THAN
SEVEN MONTHS, IT IS NOT DEEMED
BORN IF IT DIES WITHIN TWENTY-FOUR
HOURS AFTER ITS COMPLETE DELIVERY
FROM THE MATERNAL WOMB.
Two Kinds of Children:
1. Ordinary - with an intra-uterine life of
at least seven months.
2. Extraordinary - if the intra-uterine life
be less than seven months. (Here the
child must have lived for at least 24 hours
after its complete delivery from the
maternal womb.)
Note: The term “extraordinary” was used
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instead of “premature” for while a child
with an intra-uterine life of eight months
is still considered premature, if is for the
purpose of the article considered an
ordinary child.
Article 42. CIVIL PERSONALITY IS
EXTINGUISHED BY DEATH.
THE EFFECT OF DEATH UPON THE RIGHTS
AND OBLIGATIONS OF THE DECEASED IS
DETERMINABLE BY LAW, BY CONTRACT
AND BY WILL.
- Civil personality is extinguished by
death.
Effect of death is determined by:
A. Law
B. Contract
C. Will
Is a Person’s “Estate” a Person by Itself?
- the “estate” of the deceased is a person
that may continue the personality of the
deceased even after death -- for the
purpose of settling debts.
Example:
Facts: One of the convicted defendants in
a murder case dies while the case was on
appeal before the Supreme Court. Will his
case be dismissed?
Held: His death extinguished his criminal
liability, but the proceedings should
continue to determine his civil liability (in
case it is proved that he had really
committed the crime.)
Article 43. IF THERE IS A DOUBT, AS
BETWEEN TWO OR MORE PERSONS WHO
ARE CALLED TO SUCCEED EACH OTHER,
AS TO WHICH OF THEM DIED FIRST,
WHOEVER ALLEGES THE DEATH OF ONE
PRIOR TO THE OTHER, SHALL PROVE THE
SAME; IN THE ABSENCE OF PROOF, IT IS
PRESUMED THAT THEY DIED AT THE
SAME TIME AND THERE SHALL BE NO
TRANSMISSION OF RIGHTS FROM ONE TO
THE OTHER.
Presumptions on Survivorship under
the Revised Rules of Court
- when two persons perish in the same
calamity, such as a wreck, battle, or
conflagration, and it is not shown who dies
first, and there are no particular
circumstances from which it can be
inferred, the survivorship is presumed
from the probabilities resulting from the
strength and age of the sexes, according
to the following rules:
A. If both were under the age of fifteen
years, the older is presumed to have
survived;
B. If both were above the age of sixty, the
younger is presumed to have survived;
C. If one be under fifteen and the other
above sixty, the former is presumed to
have survived;
D. If both be over fifteen and under sixty,
and the sexes be different, the male is
presumed to have survived; if the sexes
be the same, then the older;
E. If one be under fifteen or over sixty,
and the other between those ages, the
latter is presumed to have survived.
Applicability of the Provision
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- Article 43 applies when the case involves
two or more persons who are “called to
succeed each other”. Example: Father and
Son.
CHAPTER 3 : JURIDICAL PERSONS
When Personality of Private Juridical
Persons Begins
- a private corporation begins to exist as a
juridical person from the moment a
certificate of incorporation is granted to it.
The certificate is issued upon filing the
articles of incorporation with the Securities
and Exchange Commission.

Article 44. THE FOLLOWING ARE - A partnership, even if not registered is a

JURIDICAL PERSONS: juridical person, provided that it has been
validly constituted. However, a limited
(1) THE STATE AND ITS POLITICAL partnership to be valid as such, must be
SUBDIVISIONS; registered with the Securities and
Exchange Commission.
(2) OTHER CORPORATIONS,
INSTITUTIONS AND ENTITIES FOR PUBLIC
INTEREST OR PUPOSE, CREATED BY LAW;
THEIR PERSONALITY BEGINS AS SOON AS Article 45. JURIDICAL PERSONS
THEY HAVE BEEN CONSTITUTED MENTIONED IN NOS. 1 AND 2 OF THE
ACCORDING TO LAW; PRECEDING ARTICLE ARE GOVERNED BY
THE LAWS CREATING OR RECOGIZING
(3) CORPORATIONS, PARTNERSHIPS AND THEM.
ASSOCIATIONS FOR PRIVATE INTEREST
OR PURPOSE TO WHICH THE LAW THE PRIVATE CORPORATIONS ARE
GRANTS A PERSONALITY, SEPARATE AND REGULATED BY LAWS OF GENERAL
DISTINCT FROM THAT OF EACH APPLICATION ON THE SUBJECT.
SHAREHOLDER, PARTNER OR MEMBER.
PARTNERSHIPS AND ASSOCIATIONS FOR
PRIVATE INTEREST OR PURPOSE ARE
Classification of Juridical Persons: GOVERNED BY THE PROVISIONS OF THIS
CODE CONCERNING PARTNERSHIPS.
A. Private juridical persons
- Private corporations Determination of Nationality of
- Partnerships Juridical Persons
- Foundations - the nationality of a corporation is
generally determined by the place of its
incorporation. So if incorporated in the
B. Public juridical persons Philippines, it is a Philippine corporation.

- The state itself Exceptions:

- Public corporations(province / A. For the grant of the rights in the
city) Constitution to the operation of public
utilities, and for the acquisition of land and
other natural resources, a corporation,
even if incorporated here, cannot acquire
said rights unless 60% of its capital be
Philippine-owned.

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B. During war, we may pierce the veil of
corporate identity and go to the very
nationality of the controlling stockholders
regardless of where the incorporation had
been made. Thus a German-controlled
corporation, even if incorporated in the
Philippines, was considered an enemy
corporation during the war for the purpose
of freezing its assets.
Note: Even if a foreign corporation is not
doing business in the Philippines, and
even if not licensed, it may sue here in
our country.
Note: There is no general rule or
governing principle as to what constitutes
“doing” or “engaging in” or “transacting”
business in the Philippines.
Article 46. JURIDICAL PERSONS MAY
ACQUIRE AND POSSESS PROPERTY OF
ALL KINDS, AS WELL AS INCUR
OBLIGATIONS AND BRING CIVIL OR
CRIMINAL ACTIONS, IN CONFORMITY
WITH THE LAWS AND REGULATIONS OF
THEIR ORGANIZATION.
Rights of Juridical Persons:
A. To acquire and possess property of all
kinds.
B. To incur obligations
C. To bring civil or criminal actions.
Note: While a corporation being a juridical
person, by itself can be held liable without
any personal liability on the part of the
stockholders, still said stockholders may
be held liable for obligations contracted by
the corporation whenever circumstances
have shown that the corporate entity is
being sued as an alter ego (other self) or
business conduit for the sole benefit of the
stockholders.
Note: The general rule is that a
corporation is entitled to use an name,
but not in violation of the rights of others.
May a Corporation Form a
Partnership?
- NO, because the relationship of trust and
confidence which is found in a partnership,
is absent in corporations.
- Corporation can be bound only by the
act of its Board of Directors.
Capacity to Acquire Lands
- a religious corporation which is not
controlled by Filipinos cannot acquire
lands, otherwise alien religious
landholdings in this country would be
revived. But the Roman Catholic Church in
the Philippines can acquire lands. This is
true because the Catholic Church in any
country, lawfully incorporated in said
country, is an entity or person separate
and distinct from the personality of the
Pope or of the Holy See.
- An American citizen, under the Parity
Amendment, can acquire lands in the
Philippines, exploit our natural resources,
and operate public utilities, only if in his
particular state in the United States,
Filipinos are granted RECIPROCAL parity
rights.
 A Non-Existent Corporation Cannot
Sue
 A Non-Existent Partnership Cannot
Sue
 An Unregistered Labor Organization
Cannot Sue
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Estoppel will be for the benefit of the place which
- a person who contracts with a was already receiving the principal
“corporation” cannot later deny its benefits during the existence of the
personality. But the person who corporation or association.
represents himself as the agent of a non-
existing corporation cannot prevent the
person who has been misled from suing
the “agent” personally, since a non- How a Corporation Can Exercise Its
registered corporation does not have a Powers and Transact Business
juridical personality.
- it can only do so through its board of
A Dissolved Corporation directors, officers, and agents - when
- even if a corporation has been dissolved, authorized by a board resolution or its by-
it can still continue prosecuting (as laws.
plaintiff) or defending (as a defendant) for
the next three years, through its legal
counsel, who may be considered a
“trustee” for this purpose.

Article 47. UPON THE DISSOLUTION OF

CORPORATIONS, INSTITUTIONS AND
OTHER ENTITIES FOR PUBLIC INTEREST
OR PURPOSE MENTIONED IN NO. 2 OF
ARTICLE 44, THEIR PROPERTY AND
OTHER ASSETS SHALL BE DISPOSED OF
IN PURSUANCE OF LAW OR THE CHARTER
CREATING THEM. IF NOTHING HAS BEEN
SPECIFIED ON THIS POINT, THE
PROPERTY AND OTHER ASSETS SHALL BE
APPLIED TO SIMILAR PURPOSES FOR THE
BENEFIT OF THE REGIOUN, PROVINCE,
CITY OR MUNICIPALITY WHICH DURING
THE EXISTENCE OF THE INSTITUTION
DERIVED THE PRINCIPAL BENEFITS FROM
THE SAME.

Rule If Public Juridical Persons Are

Dissolved:

A. This Article refers to public corporations

or associations.

B. How assets are to be distributed:

1) First apply the provisions of the law or
charter creating them.
2) If there is no such provision, the assets P.D. No. 1083

7
 Code of Muslim Personal Laws of the
Philippines
A DECREE TO ORDAIN AND PROMULGATE A
CODE RECOGNIZING THE SYSTEM OF FILIPINO
MUSLIM LAWS, CODIFYING MUSLIM
PERSONAL LAWS, AND PROVIDING FOR ITS
ADMINISTRATION AND FOR OTHER PURPOSES
WHEREAS, Islamic law and its principles of
equity and justice, to which the Filipino Muslim
communities adhere, provide an essential basis
for the fuller development of said communities
in relation to the search for harmonious
relations of all segments of the Filipino nation
to enhance national unity;
BOOK TWO
PERSONS AND FAMILY RELATIONS
TITLE I
CIVIL PERSONALITY (SHAKHSIYAH
MADANIYA)
Article 8. Legal capacity. Juridical capacity,
which is the fitness to be the subject of legal
relations, is inherent in every natural person
and is lost only through death. Capacity to act,
which is the power to do acts with legal effect,
is acquired and may be lost.
Article 9. Restrictions on capacity. The
following circumstances, among others,
modify or limit capacity to act: age, insanity,
imbecility, the state of being deaf-mute, the
condition of death-illness (marad-ul-maut),
penalty, prodigality, absence, family relations,
alienage, insolvency, and trusteeship. The
consequences of these circumstances are
governed by this Code and other Islamic laws
and, in a suppletory manner, by other laws.
Article 10. Personality, how acquired. Birth
determines personality; but the conceived
child shall be considered born for all purposes
that are favorable to it, provided it be born
alive, however, briefly, at the time it is
completely delivered from the mother's womb.
Article 11. Extinction of personality.
(1) Civil personality is extinguished by death.
The effect of death upon the rights and
obligations of a deceased person is
determined by this Code, by contract, and by
will.
(2) After an absence of seven years, it being
unknown whether or not the absentee still
lives, he shall be presumed dead.
Article 12. Simultaneous death. If, as
between two or more persons who are called
to succeed each other, there is a doubt as to
which of them died first, whoever alleges the
death of one prior to the other shall prove the
same; in the absence of such proof, it is
presumed that they died at the same time and
there shall be no transmission of rights from
one to the other. However, the successional
rights of their respective heirs shall not be
affected.
P.D. No. 603
THE CHILD AND YOUTH WELFARE
CODE
Article 5. Commencement of Civil
Personality. - The civil personality of the child
shall commence from the time of his
conception, for all purposes favorable to him,
subject to the requirements of Article 41 of the
Civil Code.
Signed by: Pres. Ferdinand E. Marcos
1987 CONSTITUTION: ART. 2 SEC 12
Section 12. The State recognizes the sanctity
of family life and shall protect and strengthen
the family as a basic autonomous social
institution. It shall equally protect the life of the
mother and the life of the unborn from
conception. The natural and primary right and
duty of parents in the rearing of the youth for
civic efficiency and the development of moral
character shall receive the support of the
Government.
TITLE II.
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 CITIZENSHIP AND DOMICILE
Citizenship and Nationality
- Citizenship - is the status of being a
citizen, or of owing allegiance to a certain
state for the privilege of being under its
protection.
citizenship = political in character
nationality = racial or ethnic
relationship
Three Kinds of Citizens:
A. Natural-born citizens - those who are
citizens of the Philippines from birth
without having to perform any act to
acquire or perfect their Philippine
citizenship.
(This must be distinguished from the
native-born citizen, once born in the
country of which he is a citizen. Hence, a
child born to a Filipino father in Germany
is a natural-born, but not native-born
citizen.)
B. Naturalized citizens - citizens who
become such through judicial proceedings.
C. Citizen by election - citizens who
become such by exercising the option to
elect a particular citizenship, usually
within a reasonable time after reaching
the age of majority.
Two Theories on Whether Place or
Ancestry Determines Citizenship
A. Jus Soli - if born in a country, a person
is a citizen of the same. (This is not
applied in the Philippines.)
B. Jus Sanguini - one follows the
citizenship of his parents; this is
citizenship by blood. (This is the rule
followed in the Philippines.)
The Problem of Dual and Multiple Nationalities:
Examples:
A. A testator, considered a Filipino citizen
under our law and a Chinese under Chinese
law, died in France leaving properties in the
Philippines. How should a Filipino judge in a
Philippine court of justice determine the
successional rights to the estate of the
decedent?
Answer: In as much as we regard him as a
Filipino citizen, there is no doubt that applying
Article 16, paragraph 2 of our Civil Code,
Philippine law shall control the successional
rights to his estate.
RULE: Get the law of the forum if the forum is
one of the countries of which the deceased was
a national.
B. A testator, considered a Chinese under
Chinese law, and a Japanese under Japanese
law, died in Manila, leaving properties in the
Philippines. Prior to his death, the deceased
was domiciled in Japan. How should a Filipino
judge presiding over a Philippine tribunal
adjudicate successional rights to the estate of
the deceased?
Answer: Japanese law shall be applied,
because the deceased was BOTH a citizen and
a domiciliary of Japan. Japanese law, obviously
is preferred over Chinese law, for the
DOMICILE was also in Japan. In a case like
this, it has been said that the domiciliary
theory runs to the rescue of the nationality
theory.
RULE: If the deceased is not a citizen of the
forum, we must get the law of the nation of
which he was both a national and a domiciliary.
This is the theory of effective nationality: it is
evident that here the deceased himself
considered the domicile as the more effective
connection factor for his personal law.
C. A testator, considered a Cuban under Cuban
9
law, and an Algerian under Algerian law, was
domiciled at the moment of his death in Italy.
He died in Alaska, leaving properties in the
Philippines. How should a Philippine court
dispose of the successional rights to his estate?
Answer: To properly apply Article 16 Paragraph
2 of our Civil Code, it is believed that in a case
like this, our rule should be:
1. First, get the Cuban and the Algerian laws
on succession, and apply them in so far as
they are consistent with or identical to each
other;
2. Secondly, in so far as there is a conflict, we
must apply the law of Italy, the law of the
domicile, to resolve the conflict.
Various Ways in which Dual
Citizenship may Arise
1. Through Marriage
2. Through a naturalized citizen’s failure to
comply with certain legal requirements in
the country of origin.
3. From a combined application of Jus Soli
and Jus Sanguini
4. By the legislative act of states.
5. By the voluntary act if the individual
concerned.
Ex. A citizen of state X may
become a naturalized citizen of state Y,
but at the same time, he may have
received permission from state X to
remain a citizen of state X.
Duals May Now Exercise the Right to
Suffrage
- R.A. 9225 grands under its Sec.5(1) the
same right of suffrage as that granted an
absentee voter under R.A. 9189.
The Problem of Stateless Individuals
1. How statelessness is brought about:
A. He may have been deprived of his
citizenship for any cause, such as the
commission of a crime.
B. He may have renounced his nationality by
certain acts, express or implied
C. He may have voluntarily asked for a release
from his original state;
D. He may have been born in a country which
recognizes only the principle of jus sanguinis
-- citizenship by blood, of parents whose law
recognizes only the principle of jus soli --
citizenship by birth in a certain place. Thus, he
is neither a citizen of the country where he was
born, nor a citizen of the country of his
parents.
2. Personal law of stateless individual
A. The law of the domicile (habitual residence);
or
B. Secondarily, the law of the place of
temporary residence
Successional Rights
- under Article 16, the rights to the
succession of a person are governed by
his national law. Suppose the deceased
had no nationality or citizenship, the law
of the domicile will apply.
10
Article 48. THE FOLLOWING
CITIZENS OF THE PHILIPPINES:
(1) THOSE WHO WERE CITIZENS OF THE
PHILIPPINES AT THE TIME OF THE
ADOPTION OF THE CONSTITUTION OF
THE PHILIPPINES;
ARE Note: This proviso has been eliminated in
the 1973 and 1987 Constitutions. It is
understood, however, that those falling
under No. 2 of the 1935 Constitution may
now be classified under No. 1 of the 1973
Constitution.

(2) THOSE BORN IN THE PHILIPPINES OF

FOREIGN PARENTS WHO, BEFORE THE
ADOPTION OF SAID CONSTITUTION, HAD
BEEN ELECTED TO PUBLIC OFFICE IN THE
PHILIPPINES
(3) THOSE WHOSE FATHERS
CITIZENS OF THE PHILIPPINES;
(4) THOSE WHOSE MOTHERS ARE
CITIZENS OF THE PHILIPPINES AND,
UPON REACHING THE AGE OT MAJORITY,
ELECT PHILIPPINE CITIZENSHIP;
(5) THOSE WHO ARE NATURALIZED IN
ACCORDANCE WITH LAW.
Children of Filipino Fathers
This paragraph enunciates the
principle of JUS SANGUINIS.
The rule applies whether the
ARE
mother is a Filipino or not; and whether
the child is born in the Philippines or
outside.
The rule certainly is applicable if
the father is a natural born Filipino
Citizen; does it also apply if the father is a
naturalized Filipino?

Here is the RULE:

Citizens by Virtue of Having Been
Elected to a Public Office
- the law says: “Those born in the
Philippines of foreign parents who, before
the adoption of the Philippine Constitution,
had been elected to a public office in the
Philippines.”
This provision does not rely on jus
soli exclusively, service should have been
rendered.
1. A minor child born BEFORE naturalization ---
A. If born in the Philippines -- is a Filipino;
B. If born outside the Philippines --
If dwelling in the Philippines at the time of the
parent’s naturalization -- is a Filipino;
Dwelling outside the Philippines at the time of
parent’s naturalization -- is a Filipino only
during his minority unless he resides
permanently here when still a minor, in which
case he will continue to be a Philippine citizen
even after becoming of age.

If “born OUTSIDE the Philippines,” the

article does not apply.
If “appointed” and not “elected,”
article does not apply.
If “private” instead of “public” office, the
article does not apply.
2. A minor child born AFTER naturalization --
the A. If born in the Philippines -- is a Filipino;
B. If born outside the Philippines -- 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 Philippine consulate of the country
where he resides and to take the necessary
oath of allegiance.

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Children of Filipino Mothers
1. Provision of the 1935 Constitution --
“Those whose mothers are citizens of the
Philippines and upon reaching the age of
majority elect Philippine citizenship.”
2. Requisites under the 1935 Constitution
A. The father must NOT be a Filipino
citizen, otherwise, another provision
applies;
B. The mother must be a Filipino citizen;
C. Upon reaching the age of majority, the
child, to be a Filipino, must elect Philippine
citizenship.
3. Question: As of what moment must the
mother be a citizen of the Philippines?
- it is sufficient for the mother to have been a
Filipino citizen at the time of her marriage to a
foreigner.
Question: Within what period after attaining
the age of majority must the child elect
Philippine citizenship?
- the option must be exercised within a
REASONABLE period after having attained the
age of majority. What is reasonable is a
question of fact, depending upon the peculiar
circumstances of each case. In one instance,
three years was still considered a reasonable
period. But generally, five years would be
unreasonable.
Question: Before the child elects Philippine
nationality, what is his nationality?
- Generally, this would be the nationality of the
father, if the child is a legitimate child. But of
course this would depend on the father’s
national law.
Question: Suppose a Filipino mother is not
married to a Chinese but is merely cohabiting
with him, is the child still a Filipino?
- Yes, a child born outside a lawful marriage of
an alien father and a Filipino mother, being
illegitimate, follows the mother’s citizenship.
However, if the parents should marry each
other later, the legitimated child should
generally follow the father’s citizenship.
Question: If a Filipino woman marries a
foreigner, she gets her husband’s nationality or
citizenship, if the law of her husband’s country
so provide. In such a case, she loses Philippine
citizenship. Now then, upon the husband’s
death, does she immediately reacquire
Philippine citizenship?
- if she became a widow before the effectivity
of the Commonwealth Act 63 (October 21,
1936), she immediately reacquired Philippine
citizenship without any need of repatriating
herself, since it would be unfair to require
repatriation (reacquisition of citizenship by a
formal act) before there existed any Act
requiring her to do so. There is one exception,
however, and this would be if she, by outward
or external acts, decided to continue being a
citizen of her husband’s country.
- if he became a widow on or after October 1,
1936, she has to repatriate herself; otherwise,
she remains a foreigner
Question: If the woman repatriates herself,
does her repatriation carry with it the
repatriation of her minor child?
- No, for repatriation means re-acquisition.
Since the child never was a Filipino previously,
it is obvious that he cannot reacquire that
which he never had. It should be observed,
however, that if instead of repatriation (for
repatriation, there must be a formal act) the
widow had automatically regained Philippine
citizenship, the nationality of her minor child
would follow hers.
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Article 49. NATURALIZATION AND THE
LOSS AND RE-ACQUISITION OF
CITIZENSHIP OF THE PHILIPPINES ARE
GOVERNED BY SPECIAL LAWS.
“Naturalization”
- is the process of the citizenship of
another country.
- in its strict sense, it is a judicial process,
where formalities of the law have to be
complied with, including a judicial hearing
and approval of the petition.
Attributes of Naturalization:
1. Citizenship is not a right, it is a
privilege
2. Requisites of naturalization are laid
down by Congress. Courts cannot change
or modify them.
3. Only foreigners may be naturalized.
4. Naturalization may be revoked.
5. Naturalization demands allegiance to
our Constitution, laws and government.
Qualification of Naturalization
- the law requires the petitioner to have
ALL the qualifications and NONE of the
disqualifications.
- the qualifications must be possessed at
the time the petitioner applies and not
subsequently.
Qualifications:
1. The petitioner must not be less than 21
(majority age today is 18) years of age on the
date of the hearing of the petition;
2. He must have, as a rule, resided in the
Philippines for a continuous period of not less
than ten years;
A. The residence requirement is reduced to 5
years in the following cases:
If the applicant has honorably held
office under the Government of the Philippines
r under that of any of the provinces, cities,
municipalities, or political subdivisions thereof;
If he has established a new industry or
introduced a useful invention in the Philippines;
If he is married to a Filipino woman;
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;
If he was born in the Philippines.
Physical presence is not necessarily required
for the entire period of residence required of
the petitioner. Not every absence is fatal to
continuous residence. So long as there is an
intent to return (animus revertendi) the
residence may still be considered continuous.
The temporary absence must however, be of
short duration: certainly an absence o say six
years is not of a short duration.
1. 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 which he is living.
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Question: if because of certain specified acts, a
petition is denied because of lack of
irreproachable conduct, is there a chance that
the alien can later on be granted naturalization
upon proof of having reformed?
- Yes, provided that a sufficient number of
years have elapsed. A second petition filed less
than a year after the denial of the first
application would not comply with the number
of years required. But if for a reasonable
number of years after the denial of one’s
application the petitioner proves in the
requisite proceeding to have reformed and has
observed irreproachable conduct, the bar may
be lifted.
2. He must own a real estate in the Philippines
worth not less than P5,000, Philippine
currency, or must have some lucrative trade,
profession, or lawful occupation;
-“Lucrative” implies substantial or gainful
employment, or the obtaining of tangible
receipts.
The Court stated that for lucrative employment
to be present, there must be an appreciable
margin of income over expenses in order to
provide for adequate support in the event of
unemployment, sickness, or disability to work.
The lucrative level of an applicant’s income is
determined as of the time of the filing of the
petition.
3. He must be able to speak and write English
or Spanish and any one of the Principal
Philippine languages;
- a Deaf-mute cannot speak, therefore, he
cannot be naturalized.
-The ability to write may be inferred from the
ability to speak in business and society. If the
applicant can understand, but cannot speak
and write the requisite language, he is not
qualified.
4. He must have enrolled his minor children of
school age in any of the public schools or
private schools recognized by the Bureau of
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.
- all the children concerned should have been
enrolled. Failure to enroll even one of them will
result in a denial of the petition.
- the denial of the first petition for
naturalization by reason of applicant’s failure to
bring to the Philippines his child of school age
is a bar to the gant of a subsequent petition
even if at the time the new petition is
presented, the child is no longer of school age.
Disqualification for Naturalization
1. Persons opposed to organized
government or affiliated with any
association or group of persons who
uphold and teach doctrines opposing all
organized governments;
2. Persons defending or teaching the
proprietary of violence, personal assault,
or assassination for the success and
predominance of their ideas;
3. Polygamists or believers in the practice
of polygamy;
4. Persons convicted of a crime involving
moral turpitude;
5. Persons suffering from mental
alienation or incurable contagious
diseases;
6. Persons who, during the period of their
residence in the Philippines, have not
mignled socially with the 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 United States and the
Philippines are at war;
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8. Citizens or subject of a foreign country
other than the United States, whose laws
do not grant Filipinos the right to become
naturalized citizens or subjects thereof.
Steps in Naturalization Proceedings
1. A declaration of intention to become a
Filipino citizen must first be filed, unless the
applicant is exempted from this requirement.
Persons Exempt from the requirement to Make
a 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
has declared his intention to become a citizen
of the Philippines and dies before he is actually
naturalized.
1. The petition for naturalization must then be
filed.
2. The petition will then be heard.
3. If the petition is approved, there will be a
rehearing two years after the promulation of
the judgment awarding naturalization.
4. The last step will be the taking of the oath of
allegiance to support and defend the
Constitution and the laws of the Philippines.
Cancellation of the Naturalization Certificate
- Section 18 of the Naturalization Law
provides:
“Upon motion made in the roper proceedings
by the Solicitor-General or his representatives,
or by the proper provincial Fiscal, the
competent Judge may cancel the naturalization
certificate issued and its registration in the
Civil Registry:
A. If it was shown that said naturalization
certificate was obtained fraudulently or
illegally;
B. If the person naturalized shall, within five
years next following issuance of said
naturalization certificate, return to his native
country or to some foreign country and
establish his permanent residence therein:
Provided, that the fact if the person
naturalized remaining for more than one year
in his native country or the country of his
former nationality, or two years in any other
country, shall be considered as prima facie
evidence of his intention of taking up
permanent residence in the same;
C. If the petition was made on an invalid
declaration of intention;
D. If it is shown that the minor child of the
person naturalized failed to graduate from
public or private high school recognized by the
Bureau of Private Schools (now Department of
Education, Culture and Sports), where
Philippine history, government, and civics are
taught or prescribed as part of the school
curriculum, through the fault of their parents
either by neglecting to support them or by
transferring them to another school or
schools. A certificate shall be forwarded by the
Clerk of the Court to the Office of the President
and the Office of the Solicitor-General
E. If it is shown that the naturalized citizen has
allowed himself to be used as a dummy in
violation of the Constitution or legal provision
requiring Philippine citizenship as requisite for
the exercise, use or enjoyment of a right,
franchise, or privilege.”
How Citizenship May Be Lost in
General
1. By substitution of a new nationality
Note: If a Filipino woman marries a
stateless citizen, she retains Philippine
citizenship for the simple reason that she
has not acquired any new nationality.
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2. By renunciation of citizenship
Expatriation - the voluntary renunciation
or abandonment of nationality and
allegiance.
Renunciation may be EXPRESS or
IMPLIED.
Express renunciation exists in the
following provision:
“By subscribing to an oath of allegiance to
support the constitution or laws of a
foreign country upon attainment of 21
years of age or more.”
Renunciation, whether express or implied,
cannot be lawfully done while the
Philippine Republic is at war with any
country. It would mean treason.
3. By deprivation
- Deprivation exist when a person is
deprived of his citizenship as a sort of
punishment.
4. By release
- as distinguished fro deprivation, a
release is voluntary in the sense that a
person asks the permission of his country
to be freed from citizenship therein.
5. By expiration
- this principle is ordinarily NOT applicable
to FILIPINOS
- However, if a naturalized citizen, within
five years from the time he is issued
naturalization certificate, permanently
resides in a different country, his
naturalization certificate may be cancelled
on this ground. This is our equivalent of
expiration.
How Philippine Citizenship May Be
Lost
1. By naturalization in foreign countries;
2. By express renunciation of citizenship
Denaturalization Proceedings
- (to cancel one’s naturalization certificate
for instance)
- must be commenced upon motion by the
Solicitor -General or by his representative
or by the Provincial Fiscal (now
Prosecutor), the Judge cannot therefore
motu proprio declare null and void the
grant of citizenship by a competent court.
How Philippine Citizenship May Be
Reacquired
1. By naturalization;
2. By repatriation of deserters of the
Army, Navy or Air Corps: 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;
3. By direct act of the National Assembly,
provided that:
A. The applicant be at least twenty-one years
of age and shall have resided in the
Philippines at least six months before he
applies for naturalization;
B. He shall 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; and perpetually all faith and allegiance
to the foreign authority, state or sovereignty of
which he was a citizen or subject.
4. Repatriation shall be effected by merely
taking the necessary oath of allegiance to
the Commonwealth of the Philippines and
16
registration in the proper civil registry.
Who Can Avail of the Privilege of
Repatriation?
1. To natural-born Filipinos who lost their
citizenship on account of political or
economic necessity; and
2. To the minor children of said natural-
born Filipinos.
- to claim the benefit of RA 8171,
however, the said children must be of
minor age at the time the petition is filed
by the parent.
Article 50. FOR THE EXERCISE OF CIVIL
RIGHTS AND THE FULFILLMENT OF CIVIL
OBLIGATIONS, THE DOMICILE OF
NATURAL PERSONS IS THE PLACE OF
THEIR HABITUAL RESIDENCE.
Domicile = speaks of one’s permanent
place of abode, in general;
Citizenship /nationality = indicates ties of
allegiance and loyalty.
Domicile is that place where a person has
certain settled, fixed, legal relations
because:
A. It is assigned to him by the law at the
moment of birth;
B. It is assigned to him also by the law
after birth on account of legal disability
cause for instance by minority, insanity,
or marriage in the case of a woman.
C. Because he has his home there -- that
to which whenever he is absent, he
intends to return.
The Three Kinds of Domicile:
1. Domicile of Origin
- acquired at birth
- applies only to infants
- it never changes for a person is born
only once.
2. Constructive domicile or the
domicile by operation of law
- given after birth
- refers to all those who lack capacity to
choose their own domicile: infants,
married women, idiots, and insane. Legal
disabilities prevent their making a choice.
- may change from time to tie depending
upon circumstances which will be
subsequently discussed.
3. Domicile of choice
- is a result of the voluntary will and
action of the person concerned.
Rules for the Domicile of Origin
(Domicilium Originis)
1. 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 a posthumous one
(born after the death of the father) its domicile
of origin is the domicile of the mother.
2. An illegitimate child -- is the domicile of
choice of the mother at the time of the
birth of the child.
17
3. A legitimated child (an illegitimate child
who subsequently is granted the status of
a legitimate child by the process call
legitimation) -- is the domicile of the
father at the time of the birth (not the
legitimation) of the child. This is so
because “legitimation shall take effect
from the time of the child’s birth.”
4. 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 of the parent by consanguinity.
5. A foundling (an abandoned infant
whose parents are unknown) -- is the
country where it was found.
Importance of Knowing Domicile
1. Firstly, our law makes in some cases the law
of 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.
2. Secondly, in some codal provisions, both the
domiciliary and the nationality of theories are
used.
3. Thirdly, the domiciliary theory often runs to
the rescue of the nationality theory in solving
conflicts problems posed by stateless
individuals, and by those possessed by a dual
or multiple citizenship.
4. Fourthly, during the years when we were
under the control and jurisdiction of the United
States, many domiciliary rules prevalent then
were engrafted into our jurisprudence.
Rules for the Constructive Domicile
(Domicilium Necesarium)
1. Rules for Infants
A. If legitimate -- the domicile of choice of
the father.
B. If illegitimate -- the domicile of choice
of the mother (after all she is supposed to
take care of the child).
C. If adopted -- the domicile of choice of
the adopter.
D. If a ward -- the domicile of choice of
the guardian.
2. Rules for Married Women
A. If the marriage is valid -- the domicile
of choice of her husband. However, the
wife is allowed to have a separate
domicile in the following instances:
If the husband lives abroad, except if
living abroad is in the service of the
Republic.
If they are legally separated
If the husband forcibly ejects the wife
from the conjugal home so that he may
have illicit relations with another.
If there is a separation de facto of the
spouses.
B. If the marriage is voidable -- the
marriage is regarded as valid until
annulled; therefore, prior to annulment
the constructive domicile of the wife is the
domicile of choice of the husband, unless
she is permitted under the circumstances
to select her own domicile of choice. After
the marriage is annulled, the woman
ceases to be a wife; hence, being no
longer under any legal disability, she no
longer has any constructive domicile. If
she decides to remain in the domicile of
her former husband, this would be her
own freely selected domicile of choice, not
her constructive domicile.
18
C. If the marriage is void -- it is as if there viewpoints.
was no marriage and the “wife” is not
C. Every sui juris may change his
really one. Hence, she is not laboring
domicile.
under any legal disability; consequently,
she has no constructive domicile. Should D. Once acquired, it remains the domicile
she continue being domiciled in the same unless a new one is obtained:
place as where her “husband” is a
domiciliary, such place would not be her By a capacitated person;
constructive domicile, it would be her
With freedom of choice
domicile of choice.
With actual physical presence in the
place chosen;
3. Rules for Idiots, Lunatics, and the
And a provable intent that it should be
Insane - the law assigns to them their
one’s fixed and permanent place of abode
domicile:
-- one’s home -- that is, there should
A. If they are below the age of majority -- be “animus revertendi” (intent to remain)
they are still considered infants under the or “animus non-revertendi” (intent
law; thus, the rules for infants are not to return to the original abode)
applicable to them.

B. If they are above the age of majority a

distinction must be made: if they have
guardians over their persons, they have to
follow the domicile of choice of their
guardians; if they have no guardians over
their persons, their constructive domicile
is in the place where they had their
domicile of choice shortly before they
became insane.
Rules of Domicile of Choice
Domicile vs Residence
Domicile
- is more or less permanent
- generally only one domicile
- carries a note of habituality
- fixed permanent residence to which
when absent, one has the intention of
returning.

- Domicile of choice is that which is

voluntarily chosen by a sui juris -- as his Residence
more or less permanent home -- that to
- is more or less temporary
which whenever he is absent, he intends
to return. - a person can have several places of
residence

- used to indicate a pace of abode,

There are certain fundamental principles
whether permanent or temporary
governing domicile choice:

A. No natural person must ever be without

a domicile.

B. No person can have two or more Article 51. WHEN THE LAW CREATING OR
domiciles at the same time, except for RECOGNIZING THEM, OR ANY OTHER
certain purposes and from different legal PROVISION DOES NOT FIX THE DOMICILE

19
OF JURIDICAL PERSONS, THE SAME
SHALL BE UNDERSTOOD TO BE THE
PLACE WHERE THEIR LEGAL
REPRESENTATION IS ESTABLISHED OR
WHERE THEY EXERCISE THEIR PRINCIPAL
FUNCTIONS.

Rules for Determining the Domicile of

Juridical Persons

1. Get the domicile provided for in the law

creating or recognizing them or in their
articles of agreement.

2. If not provided for, get the place:

A. Where their legal representation is

established.

B. Or where they exercise their principal

functions.

Domicile of a De Facto Partnership

- a defectively organized partnership

which the law recognizes as de facto
insofar as third persons are concerned can
possess a domicile for purposes of its de
facto existence.

Domicile of a Corporation with a Head

Office and with Branches

- here the domicile is where the head

office is located.

1987 CONSTITUTION

20
 ARTICLE IV : CITIZENSHIP
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 the
accordance with law.
Section 2. Natural-born citizens are those
who are citizens of the Philippines from birth
without having to perform any act to acquire or
perfect their Philippine citizenship. Those who
elect Philippine citizenship in accordance with
paragraph (3), Section 1 hereof shall be
deemed natural-born citizens.
Section 3. Philippine citizenship may be lost
or reacquired in the manner provided by law.
Section 4. Citizens of the Philippines who
marry aliens shall retain their citizenship,
unless by their act or omission they are
deemed, under the law to have renounced it.
Section 5. Dual allegiance of citizens is
inimical to the national interest and shall be
dealt with by law.
ADMINISTRATIVE CODE OF 1987
CHAPTER 2: THE PEOPLE
Section 5. Who are Citizens. - The following
are the citizens of the Philippines:
(1) Those who are citizens of the Philippines
at the time of the adoption of the 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, unless by the act or omission they
are deemed, under the law, to have
renounced it.
(4) Those who are naturalized in accordance
with law.
Section 6. Effect of Marriage. - Citizens of the
Philippines who marry aliens shall retain their
citizenship, unless by their act or omission
they are deemed, under the law, to have
renounced it.
Section 7. Natural-born Citizen. - Natural-
born citizens are those who are citizens of the
Philippines from birth without having to
perform any act to acquire or perfect their
Philippine citizenship. Those who elect
Philippine citizenship in accordance with the
Constitution shall be deemed natural-born
citizens.
Section 8. Loss or Reacquisition of
Citizenship. - Philippine citizenship may be
lost or reacquired in the manner provided by
law.
Section 9. Dual Allegiance. - Dual allegiance
is inimical to the national interest and shall be
dealt with by law.
21