Conflict of Laws: Citizenship and Domicile A.

Nationality Principle The law of country where a person is a national governs his family rights and duties status condition and legal capacity. As opposed to !domiciliary principle" which applies the law of the country of domicile

#.Citizenship and $odes of Ac%uisition Citizenship & status of 'eing a citizen of a state who owes allegiance to the state and is entitled to its protection and to the en(oyment of civil and political rights therein )*+ A,- C.T./-N0: 1. Natural persons Those who are citizens of the Philippines at the time of adoption of the 1234 Constitution Those whose fathers or mothers are citizens of the Philippines Those 'orn 'efore 5anuary 14 1246 of 7ilipino mothers who elect Philippine citizenship upon reaching the age of ma(ority Those who are naturalized in accordance with the law 8. 5uridical persons & 9:; 7ilipino<owned

8 $+D-0 +7 AC=>.,.N? P*.L.PP.N- C.T./-N0*.P: #y 'lood @(us sanguinisA & natural<'orn citizens #y naturalization & naturalized citizens

5>0 0AN?>.N.0 Balles vs. C+$-L-C ?.,. No. 164::: Aug. 2 8:::

7ACT0: ,osalind C'asco Lopez was 'orn on $ay 19 126D in Australia to a 7ilipino father and an Australian mother. .n 12D2 at the age of fifteen she left Australia and came to settle in the Philippines where she later married a 7ilipino and has since then participated in the electoral process not only as a voter 'ut as a candidate as well. .n the $ay 1223 elections she ran for governor 'ut Balles fileda petition for her dis%ualification as candidate on the ground that she is an Australian. .00>-: )hether or not ,osalind is an Australian or a 7ilipino *-LD: The Philippine law on citizenship adheres to the principle of (us sanguinis. Thereunder a child follows the nationality or citizenship of the parents regardless of the place of hisEher 'irth as opposed to the doctrine of (us soli which determines nationality or citizenship on the 'asis of place of 'irth. The herein private respondent ,osalind C'asco Lopez is a 7ilipino citizen having 'een 'orn to a 7ilipino father. The fact of her 'eing 'orn in Australia is not tantamount to her losing her Philippine citizenship. .f Australia follows the principle of (us soli then at most private respondent can also claim Australiancitizenship resulting to her possession of dual citizenship. The fact that she holds an Australian passport and alien registration certificate is an assertion of her Australian citizenship 'ut not a renunciation of her Philippine citizenship. $oreover 'y filing her certificate of candidacy she has effectively renounced her Australian citizenship.

C.-lection of Citizenship P,+C-D>,-: -Fpress such intention in a statement to 'e signed and sworn to 'y the party concerned 'efore any officer authorized to administer oath 7ile the sworn statement together with oath of allegiance to the Philippine Constitution with the nearest civil registry GGThe election must 'e made within reasona'le time @6 yearsA from reaching the age of ma(ority.

D.Dual Citizenship Dual Citizenship & the status of a person who is a citizen of two or more countries at the same

time )*+ $AC P+00-00 D>AL C.T./-N0*.P: Those 'orn of 7ilipino fathers andEor mothers in foreign countries which follow the principle of (us soli Those 'orn in the Philippines of 7ilipino mothers and alien fathers if 'y the laws of their fatherHs country such children are citizens of that country Those who marry aliens if 'y the laws of the latterHs country the former are considered citizens unless 'y their act or omission they are deemed to have renounced Philippine citizenship Those who retained or reac%uired their Philippine citizenship under ,A 288I after having 'een naturalized in a foreign country

?-N-,AL ,>L-: Dual citizenship is retained. -JC-PT.+N: The person eFpressly renounces his other citizenship 'y filing a certificate of candidacy or 'y accepting an appointive position in government.

N+TA #-N-: >nder ,A 288I @effective August 82 8::6A the mere filing of a certificate of candidacy is no longer deemed an eFpress renunciation of foreign citizenship in order to run for pu'lic office. The candidate for pu'lic office with dual citizenship must @1A taKe an oath of allegiance and @8A eFecute a renunciation of foreign citizenship. *owever the foregoing re%uirements do not apply to natural<'orn 7ilipinos 'efore running for pu'lic office.

D>AL C.T./-N0*.P A0 ?,+>ND 7+, D.0=>AL.7.CAT.+N 7,+$ +77.C-L 7.L.N? +7 C-,T.7.CAT- +7 CAND.DACC A0 -77-CT.B- ,-N>NC.AT.+N +7 A$-,.CAN C.T./-N0*.P $ercado vs. $anzano ?.,. No. 16I:36 $ay 89 1222

7ACT0: $ercado and $anzano are 'oth running for vice<mayor of $aKati City. $anzano got the highest num'er of votes 'ut his proclamation was suspended in view of a pending petition for his

dis%ualification on the ground that he is an American citizen. $anzano is 'orn in 12II of 7ilipino father and mother. *owever since he is 'orn in the >0 he is considered as an American under the (us soli doctrine. >pon his return to the Philippines he is registered as a foreigner with the #ureau of .mmigration. .00>-: )hether or not $anzano is dis%ualified on ground that he is an alien *-LD: $anzano is a dual citizen 'ut his 'eing such does not dis%ualify him from running for pu'lic office. >nder the L?C what is prohi'ited is dual allegiance and not dual citizenship. The two terms are different. Dual allegiance refers to a situation in which a person simultaneously owes 'y some positive act loyalty to two or more states. 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 'y the said states. $oreover $anzano is considered to have renounced his American citizenship 'y filing his certificate of candidacy.

N+T-: This case doctrine has no more application after the effectivity of ,A 288I on August 82 8::6. -.Loss and ,eac%uisition of Philippine Citizenship *+) P*.L.PP.N- C.T./-N0*.P .0 L+0T: #y naturalization in a foreign country @prior to ,A 288IA #y eFpress renunciation of citizenship #y su'scri'ing to an oath of allegiance to support the constitution or laws of a foreign country #y accepting commission in the military naval or air service of a foreign country #y cancellation of the certificate of naturalization #y having 'een declared 'y competent authority a deserter of the Philippine armed forces in time of war unless su'se%uently a plenary pardon or amnesty has 'een granted

-JP,-00 ,-N>NC.AT.+N +7 P*.L.PP.N- C.T./-N0*.P

Cu vs. Defensor<0antiago ?.,. No. L<36338 5an. 8D 1232

7ACT0: Petitioner is a Portuguese national who ac%uired Philippine citizenship 'y naturalization. *owever despite his naturalization he still applied for and was issued a Portuguese passport and declared his nationality as Portuguese in commercial documents he signed. .00>-: )hether petitionerHs acts constitute renunciation of his Philippine citizenship *-LD: -Fpress renunciation means a renunciation that is made Known distinctly and eFplicitly and not left to inference or implication. Petitioner with full Knowledge and legal capacity after having renounced his Portuguese citizenship upon naturalization as a Philippine citizen resumed or reac%uired his prior status as a Portuguese citizen applied for a renewal of his Portuguese passport. To the mind of the court the foregoing acts considered together constitute an eFpress renunciation of petitionerHs Philippine citizenshipac%uired through naturalization.

*+) P*.L.PP.N- C.T./-N0*.P .0 ,-AC=>.,-D: #y direct act of Congress #y naturalization & taKe the oath of allegiance to the ,epu'lic @,A 288IA #y administrative repatriation & taKe the oath of allegiance to the ,epu'lic and register the same in the local civil registry of the place where person resides or last residedL original citizenship is recovered

,-PAT,.AT.+N #engson ... vs. *,-T ?.,. No. 1D83D: $ay 4 8::1

7ACT0:

,espondent Cruz was a natural<'orn 7ilipino who lost his Philippine citizenship when he enlisted in the >0 $arine Corps and su'se%uently 'ecame a naturalized American. )hen he returned to the Philippines he reac%uired his Philippine citizenship through repatriation. Later he ran for a seat in Congress and won. #ut #engson ... %uestioned his election into office on the ground that he was not a natural<'orn 7ilipino. .00>-: )hether or not CruzHs repatriation resulted in his reac%uisition of his status as natural< 'orn 7ilipino *-LD: ,epatriation results in the recovery of the original nationality. This means that a naturalized 7ilipino who lost his citizenship will 'e restored to his prior status as a naturalized 7ilipino citizen. +n the other hand if he was originally a natural<'orn citizen 'efore he lost his Philippine citizenship he will 'e restored to his former status as a natural<'orn 7ilipino. .n respondent CruzHs case he lost his 7ilipino citizenship when he rendered service in the Armed 7orces of the >nited 0tates. *owever he su'se%uently reac%uired Philippine citizenship under ,A 896:. *aving thus taKen the re%uired oath of allegiance to the ,epu'lic and having registered the same in the Civil ,egistry of $agantarem Pangasinan in accordance with the aforecited provision respondent Cruz is deemed to have recovered his original status as a natural<'orn citizen a status which he ac%uired at 'irth as the son of a 7ilipino father. .t 'ears stressing that the act of repatriation allows him to recover or return to his original status 'efore he lost his Philippine citizenship.

7. Citizenship 'y Naturalization 6 $+D-0 +7 NAT>,AL./AT.+N: Administrative naturalization < availa'le only to aliens 'orn and residing in the Philippines 5udicial naturalization Legislative naturalization =>AL.7.CAT.+N0 7+, AD$.N.0T,AT.B- NAT>,AL./AT.+N: @,A 2162A $ust 'e 'orn in the Philippines and residing therein since 'irth $ust not 'e less than 13 years old at the time of filing the petition

$ust 'e of good moral character and 'elieves in the underlying principle of the Constitution and must have conducted himself in an irreproacha'le manner during the entire period of residence $ust have received his primary and secondary education in any pu'lic school or private educational institution $ust have a Known trade 'usiness profession or lawful occupation $ust 'e a'le to read write and speaK 7ilipino or any of the dialects of the Philippines $ust have mingled with the 7ilipinos and evinced a sincere desire to learn and em'race the customs traditions and ideals of the 7ilipino people ?,+>ND0 7+, CANC-LLAT.+N: $ade any false statement or misrepresentation or committed any violation of law rules or regulation in connection with the petition for naturalization )ithin I years neFt following the grant of Philippine citizenship esta'lished permanent residence in a foreign country < covers the wife and children as well Allowed himself to 'e used as a dummy in violation of any constitutional or legal provision re%uiring Philippine citizenship < covers the wife and children Committed any act inimical to national security < covers the wife and children

?. The LeF Domicilii ,ule LeF domicilii @Domiciliary principleA < the law of the place of domicile governs Domicile < place of ha'itual residenceL a place to which whenever a'sent for 'usiness or for pleasure one intends to return and depends on facts and circumstances in the sense that they disclose intent

-L-$-NT0: Physical presence Animus manendi < intention of returning there permanently GGThe law of the forum governs the standards of domicile. .f domicile is put in issue the court will apply its own laws to determine the controversy.

*. Minds of Domicile 6 M.ND0: Domicile of origin or 'y 'irth Domicile of choice Domicile 'y operation of law

.. ,ules regarding Domicile 6 ,>L-0: A man has a domicile somewhere A domicile once esta'lished remains until a new one is ac%uired A man can have 'ut only one domicile at a time

*+) A N-) D+$.C.L- .0 AC=>.,-D: Actual removal or actual change of domicile #ona fide intention of a'andoning the former place of residence and esta'lishing a new one Acts which correspond with such purpose GGAll the foregoing elements must 'e proved in order to re'ut the presumption of Continuity of Domicile.

5. Domicile and ,esidence ,esidence < the actual relationship of an individual to a certain placeL physical presence of a person in a given area community or country

,esidence vs. Domicile !,esidence" is used to indicate a place of a'ode whether permanent or temporaryL !domicile"

denotes a fiFed permanent residence to which when a'sent one has the intention of returning. A man ma have a residence in one place and a domicile in another. ,esidence is not domicile 'ut domicile is residence coupled with the intention to remain for an unlimited time. A man can have 'ut one domicile for the same purpose at any time 'ut he may have numerous places of residence. *is place of residence is generally his place of domicile 'ut it is not 'y any means necessarily so since no length of residence without intention of remaining will constitute domicile. @,omualdez<$arcos vs. C+$-L-C ?.,. No. 112249 0ept. 13 122IA

D+$.C.L- 7+, -L-CT.+N P>,P+0-0 ,omualdez<$arcos vs. C+$-L-C supra

7ACT0: Petitioner .melda $arcos filed her certificate of candidacy @C+CA for the position of ,epresentative of the 7irst District of Leyte. 0he stated in the C+C that she is a resident of the place for seven months. Private respondent $onte(o su'se%uently filed a Petition for Cancellation and Dis%ualification on the ground that .melda failed to meet the constitutional re%uirement of one<year residency. C+$-L-C granted the Petition for Dis%ualification holding that .melda is deemed to have a'andoned Taclo'an City as her place of domicile when she lived and even voted in .locos and $anila. .00>-: )hether or not .melda is deemed to have a'andoned her domicile of origin *-LD: An individual does not lose his domicile even if he has lived and maintained residence in different places. ,esidence implies a factual relationship to a given place for various purposes. The a'sence from legal residence or domicile to pursue a profession to study or to do other things of a temporary or semi<permanent nature does not constitute loss of residence. Thus the assertion that !she could not have 'een a resident of Taclo'an City since childhood up to the time she filed her certificate of candidacy 'ecause she 'ecame a resident of many places" flies in the face of settled (urisprudence in which this Court carefully made distinctions 'etween @actualA residence and domicile for election purposes.

M. Nationality and Domicile of Corporations

GGThe nationality of a private corporation is determined 'y the character or citizenship of its controlling stocKholders. GGThe domicile of a domestic corporation is its principal place of 'usiness @contained in the A+.A. 7or foreign corporations their domicile is in the country under whose laws they are incorporated. 8 T-0T0 T+ D-T-,$.N- 7.L.P.N+ C+,P+,AT.+N: ?randfather rule < governs the strict application of the ownership of a corporation @generally 9:; 7ilipino<ownedA Control test < a corporation that is at least 9:; 7ilipino<owned is considered a 7ilipino for purposes of determining the 7ilipino ownership of a corporation whose nationality is put in issue

C+,P+,AT.+N D+$.C.L-D .N +N- 0TAT- #>T D+.N? #>0.N-00 .N AN+T*-, .0 A ,-0.D-NT +7 T*- LATT-, Northwest +rient Airlines .nc. vs. CA ?.,. No. 118I46 7e'. 2 122I

7ACT0: Northwest a >0 corporation and 0harp a 7ilipino corporation 'ut with a 'ranch in 5apan entered into an agreement where'y the former authorized the latter to sell its air transportation ticKets. 0harp however was una'le to remit the proceeds of the ticKet sales prompting Northwest to sue for collection in 5apan. 0ummons was served on 0harpHs 'ranch office in 5apan 'ut 'ecause the manager authorized to receive summons was said to 'e in $anila the same was also served on 0harpHs $anila head office through diplomatic channels. 0harp nevertheless failed to appear during the hearing and (udgment was rendered. Northwest now filed a case 'efore the Philippine court to enforce the foreign (udgment. .00>-: )hether or not the 5apanese court ac%uired (urisdiction over the person of 0harp *-LD: The domicile of a corporation 'elongs to the state where it was incorporated. .n a strict technical sense such domicile as a corporation may have is single in its essence and a corporation can only have one domicile which is the state of its creation. Nonetheless a corporation formed in one state may for certain purposes 'e regarded as a resident in another state in which it has offices and transacts 'usiness.

.n as much as 0harp was admittedly doing 'usiness in 5apan through its duly registered 'ranches at the time the collection suit against it was filed then in the light of the processual presumption 0harp may 'e deemed a resident of 5apan and as such was amena'le to the (urisdiction of the courts therein and may 'e deemed to have assented to the said courtHs lawful methods of serving process. 7+,-.?N C+,P+,AT.+N D+.N? #>0.N-00 .N T*- P*.L.PP.N-0 .0 A ,-0.D-NT 0tate .nvestment *ouse .nc. vs. Citi'anK et al ?.,. No. 42289<84 +ct. 14 1221

7ACT0: Consolidated $ines .nc. @C$.A o'tained loans from Citi'anK #anK of America and *0#C all foreign corporations 'ut with 'ranches in the Philippines. $eanwhile 0tate .nvestment *ouse .nc. @0.*.A and 0tate 7inancing Center .nc. @07C.A also creditors of C$. filed collection suits against the latter with writs of preliminary attachment. 0u'se%uently the three 'anKs (ointly filed with the court a petition for involuntary insolvency of C$.. 0*. and 07C. opposed the petition on the ground that the petitioners are not resident creditors in contemplation of the .nsolvency Law. .00>-: )hether or not a foreign corporation with a 'ranch in the Philippines and doing 'usiness therein can 'e considered a resident *-LD: 7oreign corporations duly licensed to do 'usiness in the Philippines are considered !residents" of the Philippines as the word is understood in 0ec. 8: of the .nsolvency Law authorizing at least three resident creditors of the Philippines to file a petition to declare a corporation insolvent. The TaF Code declares that the term !resident foreign corporation applies to foreign corporation engaged in trade or 'usiness within the Philippines" as distinguished from a !non< resident foreign corporation" which is not engaged in trade or 'usiness within the Philippines. The +ffshore #anKing Law sates that: !#ranches su'sidiaries affiliates eFtension offices or any other units of corporation or (uridical person organized under the laws of any foreign country operating in the Philippines shall 'e considered residents of the Philippines." The ?eneral #anKing Act places !'ranches and agencies in the Philippines of foreign 'anKs" in the category as commercial 'anKs rural 'anKs stocK savings and loan association maKing no distinction 'etween the former ad the latter in so far as the terms !'anKing institutions" and !'anKs" are used in said Act.