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PART III: PERSONAL LAW - Coggle Diagram

- - - - HAGUE CONVENTION ON CONFLICT OF NATIONAL LAWS
        The Hague Convention on Conflict of National Laws states that:
        "It is for each State to determine who are its nationals. This law shall be recognized by other States insofar as it is consistent with international convention, international . customs, and the principles of law generally recognized with regard to nationality."
        
        Article, 2 of the Hague Convention also states that questions as to whether a person possesses the nationality of a particular State "shall be determined in accordance with the law of that State.
        
        ARTICLE IV OF 1987 CONSTI
        Article IV of the Philippine Constitution (1987) enumerates who are Filipino citizens:
        
        Those who are citizens of the Philippines at the time of the· adoption of this Constitution;
        
        Those whose fathers and mothers are citizens of the Philippines;
        
        Those' born before January 17, 1973, of Filipino mothers, who elect Philippine citizenship upon reaching the age of majority; and
        
        Those who are naturalized in accordance with law.
      - 1. NATURAL-BORN CITIZENS
        
        PRINCIPLES DETERMINING WHETHER ONE IS A NATURAL BORN CITIZEN/NATIONAL
        
        JUS SOLI: BIRTH = NATIONALITY
        
        JUS SANGUINIS: RULE OF DESCENT OR BLOOD
        
        AZNAR v. COMELEC:
        
        FILIPINO FATHER = PRESUMED FILIPINO
        
        THIS MUST BE OVERTURNED, BUT THE CONTRARY FACT WAS NOT ESTABLISHED
        
        THUS. THE PRESUMPTION HE IS A FILIPINO TOOK HOLD
        
        NATBORN CITIZENS ARE PH CITIZENS FROM BIRTH, WITHOUT PERFORMING ANY ACT TO ACQUIRE/PERFECT CITIZENSHIP
        Natural-born citizens are those who are citizens of the Philippines from birth without having to perform any act to acquire or perfect citizenship.
        
        PH CITIZENS ARE THOSE:
        
        WITH FATHERS/MOTHERS WHO ARE FILIPINO CITIZENS
        
        BORN BEFORE JAN. 17, 1973
        a. WITH FILIPINO MOTHERS
        b. AND ELECT PH CITIZENSHIP
        c. UPON AGE OF MAJORITY
        The concept of natural born citizen was .broadened under Article IV, Sections 1 to 3 of the 1987 Constitution by including:
        
        "Those who are citizens of the Philippines at the time of the adoption of this Constitution; Those whose fathers or mothers are citizens of the Philip• pines; and Those born before January 17, 1973, of Filipino mothers, who elect Philippine citizenship upon reaching the age of majority."
        
        TALAROC v. UY
        
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        2. CITIZENS BY NATURALIZATION
        
        NATURALIZATION:
        CONFERS NATIONALITY TO
        ALIENS AFTER BIRTH
        Naturalization confers to an alien a nationality after birth by any of the means provided by the law.
        
        CA 473, AMENDED BY RA 530
        In the Philippines, naturalization is by judicial method under Commonwealth Act No. 473 as amended by Republic Act 530.
        
        REPUBLIC ACT NO. 9139 June 08, 2001
        Section 1. Short Title. - This Act shall be known as "The Administrative Naturalization Law of 2000."
        
        LOI 270 & LOI 276
        The applicant needed only to show that they were-able to speak and write Filipino, or English or Spanish and any of the principal Filipino languages.
        Upon recommendation of the Special Committee, the President issued a Decree conferring Philippine citizenship to the qualified applicants. This procedure is no longer in force.
        
        Naturalization – confers to an alien nationality after birth by any of the means provided by the law. • The Naturalization Law is CA 473 as amended by RA 530.
        During the Marcos regime, LOI 270 was in force: o Summary administrative inquiry; o No filing of declaration of intention, income requirements; o Speak and write Filipino, English or Spanish and any principal Filipino language. o Special committee recommends issuance of a Decree to qualified applicants to the President.
        
        Qualifications for Applicants for Naturalization
        
        Not less than 21 years old on the date of the hearing of the petition.
        
        Must have resided in the Philippines for a continuous period of not less than 10 years.
        
        10-year residency requirement may be reduced in the following cases:
        If the applicant has honorably held office under the Philippine Government or any of its political subdivisions or LGUs;
        If he established a new industry or introduced a new invention in the Philippines;
        If he is married to a Filipino woman;
        If he had been engaged as a teacher in a public or private school NOT established for the exclusive instruction of children of persons of a particular nationality/race in any of the branches of education or industry for a period of two years;
        If he was born in the Philippines.
        
        Of good moral character, believes in the principles underlying the
        Constitution, conducted himself in a proper and irreproachable manner
        during the entire period of residence in the Philippines in his relations with
        the government as well as with the community.
        o Proper and irreproachable – higher standard of morality than
        good moral character.
        o Dy Lam Go v. Republic: moral character of the highest degree;
        merely being a law-abiding citizen is insufficient.
        o Must be proved by competent evidence:
        § Testimony of two character witnesses who must be well-known in the community; good reputation for probity. § Persons employed by the petitioner would be incompetent to testify.
        
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        UNDER EXISTING LAWS, THERE ARE 3 MODES BY WHICH AN ALIEN BECOMES A PH CITIZEN
        
        ADMINISTRATIVE (RA 9139)
        
        JUDICIAL (CA 473)
        
        LEGISLATIVE
        Under existing laws, there are three modes by which an alien may become a Filipino citizen by naturalization: (1) administrative naturalization pursuant to RA 9139; (2) judicial naturalization pursuant to CA 437; and (3) legislative naturalization in the form of a law enacted by Congress granting Philippine citizenship to an alien (So, vs. Republic, GR No.170603, January 29, 2007)
    - - STEPS FOR NATURALIZATION
        The following are the steps for naturalization:
        
        DECLARATION OF INTENTION
        a. EXC: EXEMPTED
        (a) A declaration of intention to become a citizen must first be filed, unless the applicant is exempted from this requirement (Secs. 5 and 6, Com. Act No. 473).
        
        PETITION FOR NATURALIZATION
        (b) The petition for naturalization must then be filed (Sec. 8, Com. Act No. 473).
        
        PUBLICATION
        (c) After publication in the Official Gazette or newspaper of general publication the petition will be heard (Sec. 9, Com. Act No. 473 as amended).
        
        REHEARING.
        (d) If the petition is approved, there will be a rehearing two years after the promulgation of the judgment awarding naturalization (Ser.. 1, Rep., Act No. 530)
        
        OATH-TAKING
        (e) The last step will be the taking of the oath of allegiance to support and defend the Constitution and the laws of the Philippines (Sec.11, Com. Act No. 473, as amended).
        
        DECLARATION OF INTENTION
        One year prior to the filing of his petition for the admission to Philippine citizenship, the applicant for Philippine citizenship shall file with the Office of the Solicitor General a declaration under oath that it is his bona fide intention to become a. citizen of the Philippines. (Sec. 5, Naturalization Law).31
        
        EXEMPTED TO FILING OF DOI ARE THOSE:
        The law provides for exemptions to the filing of Declaration of Intention.
        They are:
        
        BORN IN THE PH
        a. RECEIVED PRIMARY & SECONDARY EDUCATION
        -i. IN SCHOOLS RECOGNIZED BY GOV'T
        b. PUBLIC OR PRIVATE
        c. BUT NOT LIMITED TO ANY RACE/NATIONALITY
        1) 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;
        
        WHO'VE RESIDED CONTINUOUSLY IN PH
        a. FOR 30 YEARS or MORE
        b. BEFORE FILING THEIR APPLICATION
        2) Those who have resided continuously in the Philippines for a period of thirty years or more before filing their application;
        
        WIDOW & MINOR CHILDREN OF AN ALIEN WHO:
        a. DECLARED HIS INTENTION TO BECOME A PH CITIZEN
        b. DIES BEFORE BEING NATURALIZED
        3) 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.
        
        DOI IS MANDATORY
        The requirement as to filing of declaration of intention to become a citizen of the Philippines is mandatory and an absolute prerequisite to naturalization.
        
        EXEMPTION HAS TO BE STATED IN THE PETITION (MANDATORY)
        It was held in Watt v. Republic that" in cases where the petitioner for naturalization is exempt from filing a declaration of intention, a statement as to his exemption therefrom and the reasons therefor should appear in the petition.
        
        RATIO: TO APPRISE THE PUBLIC
        This is in order to apprise the public, especially those officers charged with notice of the application, of the reasons advanced in support of the claim for exemption, so that they may be prepared, if legally proper and necessary to contest or object to any evidence adduced in that regard.
        
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        FAILURE TO FILE = FATAL TO
        APPLICATION
        Failure thereof, unless exempted under Section 6 of the Revised Naturalization Law is fatal to the application.
        
        EFFECT OF NATURALIZATION
        Section 15, C.A. 473 states that:
        "Any woman is now or may hereafter be married to a citizen of the Philippines, and who might herself be lawfully naturalized shall be deemed a citizen of the Philippines.
        Minor children of persons naturalized under this law who have been born in the Philippines shall be considered citizens thereof.
        
        A foreign-born minor child, if 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 ,begins to reside permanently in the Philippines when still a· minor, in which case, he will continue to be. a Philippine citizen even after becoming of age.
        
        A child born outside of the Philippines 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 the necessary oath of allegiance."
      - D. LOSS OF PHILIPPINE CITIZENSHIP
        
        CA 63 PROVIDES THAT A PH CITIZEN MAY LOSE HIS CITIZENSHIP BY NATURALIZATION IN A FOREIGN COUNTRY
        Commonwealth Act No. 63, as amended by Republic Act No. 106 provides that a Filipino citizen may lose his citizenship in any of the following ways:
        (1) By naturalization in foreign countries;
        
        MERE APPLICATION FOR REPATRIATION NOT AN AUTOMATIC REACQUISITION
        In a later case, Court held that Labo still failed to prove reacquisition of Philippine citizenship.
        
        In the absence of any official action or approval by the proper authorities, a mere application for repatriation does not, and cannot, amount to an automatic reacquisition of the applicant’s Philippine citizenship.
        
        EXPRESS RENUNCIATION OF CITIZENSHIP
        
        AZNAR v. COMELEC
        
        REPUBLIC v. LI YAO
        
        OTHER MEANS OF LOSING CITIZENSHIP
        
        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, SUBJECT TO CERTAIN EXCEPTIONS
        
        RENDERING SERVICE TO, OR ACCEPTING COMMISSION IN, THE ARMED FORCES OF A FOREIGN COUNTRY, SUBJECT TO CERTAIN EXCEPTIONS
        
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        CITIZENSHIP RETAINED UPON PROCEDURE
        RA 9225, otherwise known as the Citizenship Retention and Re-acquisition Act of 2003, declares that natural born Filipinos who were naturalized in other countries could re- acquire or retain their Philippine citizenship after undergoing the procedure provided for under the law.
        
        (CLASS: BETINA): OATH =
        RETAINED CITIZENSHIP
        Basta sinabi mo oath, retain
        
        USE OF FOREIGN PASSPORT AFTER RENOUNCING FOREIGN CITIZENSHIP:
        
        RECANTS OATH OF RENUNCIATION FOR ELECTIVE OFFICE
        
        DOES NOT RECANT CITIZENSHIP
        The use of foreign passport after renouncing one’s foreign citizenship is a positive and voluntary act of representation as to one’s nationality and citizenship; it does not divest Filipino citizenship regained by repatriation but it recants the Oath of Renunciation required to qualify one to run for an elective position.
        (Maquiling)
        
        WAYS TO LOSE PH CITIZENSHIP
        
        NATURALIZATION IN FOREIGN COUNTRIES
        
        BY EXPRESS RENUNCIATION OF CITIZENSHIP
        
        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, SUBJECT TO CERTAIN EXCEPTIONS
        
        RENDERING SERVICE TO, OR ACCEPTING COMMISSION IN, THE ARMED FORCES OF A FOREIGN COUNTRY, SUBJECT TO CERTAIN EXCEPTIONS
        
        HAVING BEEN DECLARED BY COMPETENT AUTHORITY, A DESERTER OF THE PHILIPPINE ARMED FORCES IN TIME OF WAR, UNLESS SUBSEQUENTLY, A PLENARY PARDON OR AMNESTY HAS BEEN GRANTED
        
        IN THE CASE OF A WOMAN, UPON HER MARRIAGE TO A FOREIGNER, IF THE BY VIRTUE OF THE LAWS IN FORCE IN HER HUSBAND’S COUNTRY, SHE ACQUIRES HIS NATIONALITY
        
        CANCELLATION OF THE CERTIFICATE OF NATURALIZATION
        
        E. PROBLEMS IN APPLYING THE NATIONALITY PRINCIPLE
        
        1. DUAL OR MULTIPLE CITIZENSHIP
        
        A PERSON CAN BE A NATIONAL OF TWO STATES
        Considering the principles of the Hague Convention, it will be possible that a person can be claimed as a national of two or more states.
        
        JUS SOLI + JUS SANGUINISH CHILD
        If a child is born to parents whose national laws follow jus sanguinis in a country that follows jus soli, such child will have dual nationality.
        A Filipino who marries an alien MAY acquire the latter’s citizenship if his/her national law so allows.
        
        GR: PH CITIZENSHIP IS RETAINED UPON DUAL CITIZENSHIP
        EX: RENOUNCED BY OATH OF ALLEGIANCE OR EXPRESS RENUNCIATION
        GENERAL RULE: PH citizenship retained. o
        EXCEPTION: Renunciation by oath of allegiance or express renunciation.
        
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        2. STATELESSNESS
        
        DE JURE STATELESSNESS
        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.
        a. Problem began in WWII.
        b. Became serious during the Nazi regime and in the USSR.
        
        DE FACTO STATELESSNESS
        De facto statelessness – refers to an individual possessed of a nationality but whose country does not give him protection outside its own territory.
        a. Commonly referred to as refugees.
        b. Post-Vietnam war: people from Vietnam, Cambodia, Laos
        
        1951 Geneva Convention on the Status of Refugees
        o Ratified by 54 states.
        o Provided some basic rights of stateless persons.
        
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        DUAL CITIZENSHIP vs DUAL ALLEGIANCE
        
        DUAL CITIZENSHIP
        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 said states.
        
        For instance, such a situation may arise when a person whose parents are citizens of a state which adheres to the principle of jus sanguinis is born in a state which follows the doctrine of jus soli. Such person, ipso facto and without any voluntary act on his part, is concurrently considered a citizen of both states.
        
        DUAL ALLEGIANCE
        Dual allegiance on the other hand, refers to a situation in which a person simultaneously owes, by some positive acts, loyalty to two or more states. While dual citizenship is voluntary, dual allegiance is the result of an individual’s volition. (Mercado vs. Manzano, 307 SCRA 630, May 29, 1999)
        
        “Dual citizens” are disqualified from running for any elective local position [Sec. 40(d), Local Government Code,]; this should be read as referring to “dual allegiance.”
  - - - PERSONAL LAW FOLLOWS ONE
        WHEREVER THEY ARE
        An individual's personal law follows him wherever he is and governs those transactions which affect him most closely such as marriage, divorce, legitimacy and capacity to contract.
        
        PH POLITICAL LAW DISTINGUISHES
        CITZENS FROM NATIONALS
        Philippine political law distinguishes citizens from nationals.
      - DETERMINES:
        
        JURISDICTION; OR
        
        CHOICE OF LAW
        This is the reason for assigning him a personal law which will allow the courts to exercise jurisdiction or determine the governing choice-of-law · rule on a specific situation or transaction involving him.
    - - WHY NATIONALITY?
        LAWS WERE PRESUMED MADE FOR AN "ASCERTAINED POPULATION"
        Since lawmakers considered the physical and moral qualities of the citizens, laws should apply to such citizens wherever they are.
        
        PROBLEMS WITH USING NATIONALITY
        
        STATELESS PERSONS
        
        MULTIPLE NATIONALITIES
        
        STATES WITH DIVERSE LEGAL SYSTEMS
        Like the US where there is no single national law
        
        ATTENUATED TIES
        Some people have lived in another country for most of their lives that they have attenuated ties to the country they came from; it would be unreasonable then for that state to exact obligations from them when they have no shared sense of identity with such state.
      - IMPORTANCE OF NATIONALITY
        IN THE PH :flag-ph:
        
        MOST CIVIL LAW COUNTRIES USE THE NATIONAL LAW THEORY
        Most civil law countries follow the national law theory.
        
        NATIONALITY/CITIZENSHIP REGULATES:
        
        CIVIL STATUS
        
        CAPACITY
        
        CONDITION
        
        FAMILY RIGHTS & DUTIES
        It is the nationality or citizenship of the individual that regulates his civil status, capacity, condition, his family rights and duties, laws on succession , and capacity to succeed.
        
        PH SC: NATIONALITY LAW THEORY =
        JOSM AFFECTING A PERSON IS DETERMINED BY NATIONALITY
        
        ART. 15 OF NCC
        Laws relating to family rights and duties, or to status, condition and capacity of persons are binding upon citizens of the Philippines even though living abroad."