STATUS IN GENERAL

Factual situation Point of contact

1. beginning of personality of
natural person
National law of the child (Art
15, Civil code
!. ways and effects of
e"ancipation
National law (Art 15
#. age of "a$ority National law (Art 15
%. use of na"es and surna"es National law (Art 15
5. use of titles of nobility National law (Art 15
&. absence National law (Art 15
'. presu"ptions of death and
survivorship
(e) fori (Art %#, #*+, #*1 Civil
code, -ule 1#1, .ec 5/10
-evised -1C
2n general3 the status of a person depends on his national law
Art 15 (Civil Code3 (aws binding upon citi4ens of the Phils. even
though living abroad, relating to3
a. fa"ily rights and duties
b. legal capacity of persons
Art %1 5 6irth deter"ines 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.
Art %1 5 For civil purposes,
a. the fetus is considered born, if it is alive at the
ti"e it is co"pletely delivered fro" the "other7s
wo"b,
b. however, if the fetus had an intra uterine life of
less than ' "onths, it is not dee"ed born if it dies
within !% hours after its co"plete delivery fro"
the "aternal wo"b.
!++& notes3 personality begins at conception (Presu"ptive
Personality, it is essential however that birth should occur later
! 8inds of children
1. ordinary 5 with an intra9uterine life of at least ' "onhs,
!. e)traordinary 5 if the intra9uterine life be less than '
"onths, the child "ust have lived for at least !% hrs
after its co"plete delivery fro" the "aternal wo"b.
:ays and ;ffects of e"ancipation 5governed by the National law
<onation to a child 5 governed by the national law of the child
Absence 5 governed by the national law
Presu"ption of death and survivorship 5 governed by the le) fori
=uery3 :hy the difference in the governing law between absence
and presu"ption of death and survivorship>
? Absence 5 refers to .@A@A. (Art 15
? Presu"ption of death and survivorship 5 not part of the status,
procedural therefore governed by the la) fori
Absence Civil Code Fa"ily Code
1rdinary ' yrs % yrs
;)traordinary % yrs ! yrs
:hen to use survivorship or presu"ption of death3
? survivorship 5 Buestions of property and succession only
? presu"ption of death 5 other issues or purposes
@itles of nobility 5governed by the national law
(Art C2, .ec #1, 1*D' Consti3 a public official "ay be conferred
with a foreign title of nobility provided congress approves.
? a private person "ay be given title without the consent of
Congress
STATUS AND CAPACITY
Status 5 the place of an individual in society, and consists of
personal Bualities and relationships, "ore or less per"anent with
which the state and the co""unity are concerned.
Characteristics of .tatus3
1. it is conferred principally by the .tate and not by
the individual,
!. it is a "atter of public or social interest
#. being a concept of social order, cannot easily be
ter"inated at the "ere will or desire of the parties
concerned
%. is generally supposed to have a universal
character.
Capacity 5 "erely part of status, any "ay be defined as the su"
total of his rights and obligations.
8inds 3
1. capacity to act (active capacity 5 power to do acts with legal
effects.
!. $udicial capacity 5 (passive capacity 5 the fitness to be the
sub$ect of legal relations.
Personal Law 5 the law that attaches to an individual, wherever he
"ay go, a law that generally governs his status, his capacity, his
fa"ily relations and the conseBuences of his actuations, this
personal law "ay be his national law, or his do"iciliary law or the
law of the situs depending upon the theory applied and enforced in
the foru".
Theories on Personal Law3
1. Nationality @heory 5 the status and capacity of an individual are
generally governed by the law of his nationality, also called the
Personal @heory.
!. <o"iciliary @heory 5 law of the do"icile as the proper
deter"ination law on status and capacity, also called @erritorial
@heory.
#. .itus @heory 5 to particular place or situs, an event or
transactions as generally the controlling how, also called the
;lectric @heory.
(;E2.(A@2C; FA-2.<2C@21N 5 concerns the co"petence of
Congress to pass laws
FA<2C2A( FA-2.<2C@21N 5 concerns the co"petence of the
courts to try cases co""itted abroad
NATIONALITY TEORY

@heory of virtue of which the status and capacity of an individual
are governed by the law of his nationality.
Nationality Citi4enship
Ge"bership in an ethnic,
social, racial, and cultural
group
Ge"bership in a political
society
2ncludes not only citi4enship
but all those owing allegiance
to a particular state, li8e state,
li8e sub$ects, or the inhabitants
of colonies.

Classi!ication o! citi"ens#
1. natural born 5 those who are citi4ens of the Phils. fro" birth
without having to perfor" any act to acBuire or perfect their
Philippine citi4enship.
!. naturali4ed 5 citi4ens who are not natural born, those who
beca"e such through $udicial proceedings,
#. dual citi4ens
%. resident aliens
5. stateless individuals
A. :ho are Citi4ens> Article 2C, .ection 1 of the 1*D' constitution
1. @hose who are citi4ens of the Philippines at the ti"e of the
adoption of the 1*D' Constitution.
!. @hose who fathers or "others are citi4ens of the Philippines.
#. @hose born before Fanuary 1', 1*'#, of Filipino "others, who
elect Philippine citi4enship upon reaching the age of "a$ority.
%. those who are naturali4ed in accordance with law.
Citi"enship 5 is personal and "ore or less per"anent "e"bership
in a political co""unity. 2t denotes possession within that
particular co""unity of full civil and political rights sub$ect to
special disBualifications such as "inority. -eciprocally, it i"poses
the duty of allegiance to the political co""unity.
$ %o&es#
1. Fus soll 5 law of the place of one7s birth.
9 citi4enship depends generally upon the place of birth
9 ta8es into account the place of birth, irrespective of the
nationality of the parents.
!. Fus sanguinis 5 law of the place ones7 descent or parentage
9 doctrine whereby citi4enship is by right of blood
9 considers the nationality of the parents as deter"inative of the
citi4enship of the child irrespective of the place of birth of the
child.
H@he ter" Iciti4ens of the PhilippinesJ appeared for the first ti"e
in the Philippine bill of 1*+! 5 that all inhabitants of the Philippine
2slands continuing to reside therein, who were .panish sub$ects on
the 11
th
day of April 1D*1, and then resided in said islands, shall be
dee"ed and held to be citi4ens of the Philippine island and such as
entitled to the production of the A. e)cept such as shall have
elected to preserve their allegiance to the Crown of .pain in
accordance with the provisions of the treaty of peace, between the
A. and .pain, signed at Paris, <ec. 1+, 1D*D.J
Icontroversy arose on to the status of children born in the Phils.
fro" April 11, 1D** to Fuly +1, 1*+! during which period no
citi4enship law was e)tant in the Phils, :eight was given to the
view articulated in $urisprudence writing at that ti"e, that the
co""on law principle of $us soll governed those born in the
Philippine 2slands within that period.
@he 1*#5 constitution brought an end to any such lin8 with
co""on law, by adopting once and for all, $us sanguinis or blood
relationship as being the basis of Filipino citi4enship (see .ection
1, Article 1*#5 Const.
NATURAL 'ORN CITI(EN
Article 2C .ection !3 natural born citi4en are those who are citi4ens
of the Phils fro" birth without having to perfor" any act to
acBuire or perfect their Phil citi4enship. @hose who elect Phil
citi4enship in accordance with par #, section 1 hereof (those who
elected Phil citi4enship upon reaching the age of "a$ority shall be
dee"ed natural born citi4ens.
:ho "ust be a natural9born citi4en>
1. President of the Phils. (article C22, sec !
!. Cice President (Art C22, sec #
#. Ge"bers of Congress (Art CA, sees # and &
%. Fustices of the .upre"e court and lower collegiate
courts (Art C222, sec D
5. 1"buds"an and <eputies (Art K2, .ec. D
&. Constitutional Co""ission Ge"ber
9Civil .ervice co""ission (Art 2K96, .ec (1
9 Co""ission on ;lections (Art 2K9C, sec 1(1
9 Co""ission on Audit (Art 2K9<, sec 1(1
'. Central Gonetary Authority "e"bers
(Art K22, sec !+
D Co""ission on Lu"an rights
Ge"bers (Art K222, sec 1' (!
%eanin) o! Natural 'orn#
%blue *5 notes3 in 6eng4on vs L-;@ (Gay ', !++1, the issue
raised was whether @eodoro Cru4, a natural born citi4en, later
naturali4ed A. citi4en but reacBuired Phil citi4enship by
repatriation under -A !&#+ was considered a natural born citi4en
at the ti"e he filed his candidacy for the Louse of -ep.
9.C3 Cru4 is still a natural born citi4en. As distinguished fro" the
lengthy process of naturali4ation, repatriation si"ply consists of
the ta8ing of oath of allegiance and registering and said oath in the
(C-. -epatriation results in the recovery of the original
nationality. @his "eans that if he was originally natural born
before he lost his Phil citi4enship, he will be restored to his for"er
status as a natural born citi4en.
9 the deter"ining factor in the status of natural born citi4en is right
fro" birth as distinguished fro" a naturali4ed citi4en. (this is the
liberal view applied also in A4nar vs. C1G;(;C
Tecson *s+ CO%ELEC ,%arch -. $//01
Facts3 A petition for disBualification was filed against presidential
candidate -onald allan Melley Poe (a8a Fernando Poe Fr. and a
petition to deny due course or to cancel his C1C upon the thesis
that he "ade "aterial representations in his C1C by clai"ing that
he is a natural born citi4en, when in truth, his parents were
foreigners. Eranting, petitioner asseverated, that Allan Poe (father
was a Filipino citi4en, he could not have trans"itted his Filipino
citi4enship to FPF, the latter being an illegiti"ate child of an alien
"other. FPF was born Aug. !+, 1*#*.
2ssue3 :hat is FPF7s citi4enship>
.C3 FPF is a natural born citi4en. @he 1*#5 constitution, the
funda"ental law prevailing on the date of birth of FPF, states that
a"ong the citi4ens of the Philippines are Ithose whose fathers are
citi4ens of the Philippines,J regardless of whether such children are
legiti"ate or illegiti"ate. @here utterly is no cogent $ustification to
prescribe conditions or distinctions where there clearly are none
provided.
? (oren4o Poe(grandfather of FPF was born so"eti"e in 1D'+,
thus, benefited fro" the naturali4ation en "asse under the Phil.
6ill of 1*+!. his citi4enship therby e)tend to his son Allan (father
of FPF
ELECTION O2 CITI(ENSIP#
1. when "ust the "other be a Filipino> At the ti"e
of the "arriage
!. when "ust one elect Phil citi4enship> :ithin a
reasonable period of ti"e upon reaching the age
of "a$ority, # years fro" reaching the age of
"a$ority is reasonable ti"e.
#. who "ay avail> @hose born before Fan. 1', 1*'#
of Filipino "others
%. Low should one elect Phil citi4enship>
;KP-;..(N
a. by filing a sworn state"ents, in the Civil
-egistrar 5 if in the Phils.
b. by filing a sworn state"ent with the <iplo"atic
or Consular officials 5 if in a foreign country.
2n -e Ching (#1& .C-A 1 he elected Phil citi4enship 1% years
after reaching the "a$ority age
.C3 1% years after reaching the age of "a$ority is not a reasonable
ti"e for a person to elect Phil. Citi4enship
<1F 1pinion 5 reasonable ti"e to elect is within # years after
reaching the age of "a$ority.
%o&es
1. For"al "ode (CA &!5
a. File a sworn state"ent before the (C- that you elect Filipino
citi4enship,
b. File an oath of allegiance to the -P
!. 2nfor"al "ode 5 perfor"ance of an act or acts that would show
that the person has effective chosen Phil citi4enship
@L2. 2. N1@ APP(2CA6(; 2N 1A- FA-2.<2C@21N
H6ut ta8e note3 Acts considered in Co vs. ;lectoral @ribunal (1**
.C-A &*!3
a. running for public position,
b. registering as a voter,
c. e"bracing Filipino custo"s,
d. ta8ing the board e)a" (which reBuired Phil
citi4enship
LOSS O2 CITI(ENSIP
(aws3 a. CA &# (for natural born and naturali4ed citi4ens3
b. CA no. %'# *for naturali4ed citi4ens
Groun&s (CA &#, as a"ended by -A no. 1+&3(list is e)clusive
1. naturali4ation in a foreign country 5 (e)ception under -A *!!5,
ICiti4enship -etention and -e9acBuisition Act of !++# reacBuire
Phil citi4enship upon ta8ing the oath of Allegiance to the -epublic,
reacBuisition of natural born status, un"arried child below 1D
acBuires also Phil citi4enship
!. ;)patriation
5 shedding off one7s citi4enship one7s act of voluntarily
abandoning his citi4enship
9 under AG FA-3 it is an inherent right of every person
#. by subscribing to an oath of allegiance to support the
constitution or laws of a foreign country upon attaining the age of
1D provided, however, that a Filipino "ay not divest hi"self of
Phil citi4enship in any "anner while the -P is at war with any
country.
%. by rendering services to or accepting co""ission in the ar"ed
forces of a foreign country.
5. by cancellation of the certificate of naturali4ation
&. by having been declared by co"petent authority a deserter of the
Phil ar"ed forces in ti"e for war, unless granted pardon or
a"nesty,
'. "arriage of a Filipino to a foreigner and she acBuires his
nationality (repeated by the 1*D' consti
Denaturali"ation 3 Groun&s#
1. if naturali4ation certificate was obtained fraudulently or
illegally,
!. if the person naturali4ed shall within 5 yrs. ne)t, if the issuance
of said naturali4ation certificate, return to his native country or to
so"e foreign country and established his per"anent residence
therein,
#. if the petition was "ade on an invalid declaration of intention
%. naturali4ed allowed hi"self to a du""y in violation of
constitutional or legal provision,
5. violation of any of the continuing reBuire"ents.
%blue *5 notes3 Nu vs <efensor9.antiago (1&* .C-A #&%3
<espite his naturali4ation as a Filipino citi4en, petitioner applied
for and was issued a Portuguese in co""ercial docu"ents he
signed. @he foregoing facts constituter an e)press acBuired through
naturali4ation. .uch resu"ption or reacBuisition of Portuguese
citi4enship is grossly inconsistent of with his "aintenance of
Philippine citi4enship.
%blue *5 notes3A4nar vs. Co"elec (1D5 .C-A '+#3 @he following
are not considered as e)press renunciation of Philippine
citi4enship3
a.holder of an AC-
b.holder of an i""igrant certification of residence
c.has an application for AC-,
d.has a per"it to re9enter as an alien in the country
a. has an i""igration certificate of clearance.
loss of citi4enship cannot be presu"ed.
NATURALI(ED CITI(ENS
Laws
a. -A *1#* 5 Ad"inistrative Naturali4ation (aw of !+++
b. CA %'# (Fune 1', 1*#*
Naturali4ation 5 is a process by which a foreigner acBuires
voluntarily or by operation of law, the citi4enship of another state.
2t is the legal act of adopting an alien and clothing hi" with the
rights that belong to a natural born citi4en.
9 "ay be direct or derivative
Direct Naturali"ation is e!!ecte&#
1. individual proceedings, under the Een. Naturali4ation laws,
!. special act of legislature 5 citi4ens is considered act a natural
born
#. naturali4ation no "asse as a result of cession and sub$ugation.
%. adoption of orphan "inors as nationals of the state where they
are born,
5. ad"inistrative naturali4ation under -A *1#*
? su""ary procedure, apply with the .pecial Co""ittee on
Naturali4ation
who can apply>
1. born in the Phils an residing therein since birth,
!. 1D years of age
Procedure
a pay P %+,+++ upon filing of the petition
b. publication
c. .C1N shall consider and review
d. Pay"ent of p 15+,+++ if co""ittee approves
e. 1ath ta8ing, pay, another P 5+,+++
Su4stanti*e Re5uire6ents ,7u&icial Naturali"ation
procee&in)s1#
1. Age 5 "ust be not less that !1 years old at the ti"e of the filing,
!. -esidence 5 for a continuous period of at least 1+ years but
reduced to 5 in the ff. cases3
a. born in the Phils,
b. "arried to a Filipino wo"an,
c. served in the gov7t or held office which was allowed in the 1*#D
Const.,
d. served as a teacher in a private or public school for not less than
! years,
e. "ade a useful invention or industry.
#. Character 5 good "oral character, believes in the constitution
and conducted hi"self in an irreproachable conduct during his stay
in the Philippines
%. Property 5 at least worth P5+++ or has a lucrative trade
profession or occupation.
5. ;ducation 9 reBuire"ents
a. able to spea8 and write Filipino or ;nglish or any Philippine
dialect,
b. "ust have enrolled his children in a recogni4e school in the
Phils which teaches Phil history, civics and gov7t (this reBt is for
"inor children
&. not otherwise disBualified by law
8ho are &is5uali!ie&9
a. persons opposed to organi4ed gov7t or affiliated with any
association or group of persons who uphold and teach doctrines
opposing all organi4ed gov7t,
b. persons defending or teaching the necessity of violence,
personal assault or assassination for the success or predo"inance
of their ideas,
c. polyga"ist or believers in the practice of polyga"y,
d. persons convicted at cri"es involving "oral turpitude,
e. person suffering fro" "ental alienation or incurable or
contagious disease,
f. persons who during their period of their residence in the Phils.
have nor "ingled socially with Filipinos, or who have not evinced
a sincere desire to learn and e"brace he custo"s, traditions and
ideals of the Filipinos,
g. citi4ens or sub$ects of a foreign country whose laws do not grant
Filipinos the right to beco"e naturali4ed citi4ens or sub$ect
thereof.
%blue *5 Note3 "ere allegations in the affidavit is sufficient.
Proce&ural Re5uire6ents#
1. Filing of a <eclaration of 2ntention in the 1ffice of the .olicitor
Eeneral, one year before the filing of the actual application,
e)e"pted3
a. born in the Philippines and receive their pri"ary and secondary
education in the phils.
b. resided in the phils for #+ years,
c. the widow of the children of the applicant who died before his
application was granted.
!. Filing of the petition for naturali4ation with the -egional @rial
Court of the province or city in which the applicant is a resident for
at least 1 year,
#. Publication and Posting 5 petition and the notice of hearing "ust
be published at least once a wee8 for # consecutive wee8s.
9 hearing "ust be had at least *+ days after the last publications.
%. Learing 5 e)cept within #+ days before an election the .tate is
represented by the .olicitor Eeneral or by the fiscal, ! witness to
certify on the character of the applicant are presented,
5. <ecision 5 appeal within #+ days
? appeal fro" the -@C to the .upre"e Courtr (-A 5#+ if decision
is favorable, the decision will beco"e final only after ! years,
&. @wo year probationary period 5 counted fro" the rendering of
decision of the -@C, petitioner "ust continue to have al the
Bualifications and none of the disBualifications.
'. .u""ary hearing after ! years,
D. @a8ing of 1ath of Allegiance before the -@C,
*. 2ssuance of a Certificate of Naturali4ation issued by the court.
1+. Alien Certificate of -egistration is cancelled before the 62<.
.tatus of Alien wife and "inor children3
? will be benefited, they should see8 the cancellation of their AC-
and pay P &+,+++ each.
.tatus of Alien husband and "inor children3
? husband will not benefit but the "inor children will upon
co"pliance with the reBuire"ents.
Deri*ati*e Naturali"ation. con!erre& on#
a. the wife of the naturali4ed husband,
b. the "inor children of the naturali4ed parent
c. the alien wo"an upon "arriage to national9if she
herself "ight be lawfully naturali4ed
does not always follow as a "atter of course
%ODES O2 REAC:UIRING PILIPPINE CITI(ENSIP#
1. by naturali4ation ($udicial ad"inistrative,
!. by direct act of Congress,
#. by repatriation of deserters of the Ar"y, navy or Air Corps, by a
wo"an lost her citi4enship by reason of her "arriage to an alien
after ter"ination of her "arital status and by any person who
rendered service to ct accepting co""ission in the ar"ed forces of
the A.,
%. under -A *!!5 (<ual citi4enship law
? by ta8ing an oath of allegiance
? can you get appointed or elected to public office> Nes, at the
ti"e of the filing of a C1C, "a8e an e)press sworn renunciation of
the other citi4enship
?dual citi4en at birth 5 no need for sworn e)press renunciation
Repatriation 5 return or restoration to one7s own country,
regaining of nationality after e)patriation
9 ta8ing the necessary oath of allegiance to the -epublic and
registration of the sa"e in the (C-.
8ho 6ay 4e repatriate&9
1. deserters of the Ar"ed Forces (CA &#
!. Filipino wo"en who lost their citi4enship on account of
"arriage to an alien only after the ter"ination of the "arital status
(-A D1'1
#. those natural born citi4ens who lost Phil citi4enship on account
of econo"ic necessity (-A D1'1
%. those natural born citi4ens who lost Phil citi4enship on account
of political necessity (-A D1'1
5. those who rendered service in the A. ar"ed forces without the
consent of the -P gov7t (-A !&#+
&. any for"er natural born who lost Phil citi4enship (P< '!5
Cases3
A. Naturali4ation in a foreign country.
1. Frivaldo vs. Co"elec (1'% .C-A !%53 @he act of filing a C1C
would not constitute as a "ode of reacBuiring Philippine
citi4enship.
!. -epublic vs. dela -osa (!#! .C-A 'D5, 2t is not for an
appellant to decide for hi"self and to select the reBuire"ents
which he believes, even sincerely, are applicable to his case and
discard those which he believes are inconvenient or "erely
nuisance value. @he proceedings conducted, the decision rendered
and the oath of allegiance ta8en therein, are null and void for
failure to co"ply with the publication and posting reBuire"ents
under the -evised Naturali4ation (aw.
#. (abo vs Co"elec 1'& .C-A 13 even if it be assu"ed that his
naturali4ation in Australia was annulled after it was found out that
his "arriage to the Australian was biga"ous, the circu"stance
alone did not auto"atically restore his Philippine citi4enship.
6. -eacBuisition or -epatriation
1. -epublic vs dela -osa3 @he procedure under the -evised
naturali4ation (aw "ust be strictly co"plied with.
!. Calles vs Co"elec (##' .C-A 5%#3 @he "ere fact that (ope4
was a holder of an Australian passport and had an AC- are not
acts constituting an effective renunciation of Filipino citi4enship.
For renunciation to effectivity result in the loss of citi4enship, the
sa"e "ust be e)press.
#. 6eng4on vs. L-;@ (supra3 As distinguished fro" the lengthy
process of naturali4ation, repatriation si"ply consists of the ta8ing
of oath of allegiance and registering said oath in the (C-.
-epatriation results in the recovery of the original nationality. @his
"eans that if he was originally natural born before he lost his Phil
citi4enship, he will be restored to his for"er status as a natural
born citi4en.
Repatriation un&er RA ;<=<
Coverage3
1. Filipino wo"en who lost their citi4enship by virtue of their
"arriage under the1*#5 Consti.,
!. -epatriation of natural born citi4en, on account of political
necessity, provided3
1. not opposed to organi4ed gov7t or affiliated with such group,
!. not espouse violence for the predo"inance or ideas,
#. "ust not have convinced of a cri"e involving "oral turpitude,
%. "ust not suffer "ental alienation or fro" any incurable
contagious diseases.
-eBuire"ents3
1. an oath of allegiance to the -epublic,
!. -egistration with the (C-,
#. -egistration with the 62<.
9 effect of repatriation3
1. AC- will cancelled,
!. @he certificate of identification as Filipino citi4en shall be issued
9 for repatriation on account of political necessity. 1nly a natural
born citi4en can be repatriated.
Angat vs -epublic (#1% .C-A %#D3 Proceeding under -A D1'1
are ad"inistrative. 2t does not reBuire $udicial intervention.
Renunciation o! Citi"enship
-ule3 "ere "arriage of a Filipino to an alien will not result in loss
of Filipino citi4enship
AN(;..3 by their act or o"ission they are dee"ed, under the law,
to have renounced it
O ;KP-;.. renunciation
8hat is the citi"enship o!#
A+ an alien wo6an 6arrie& to a 2ilipino
Goy Na (i" Nao vs. Co""ission (%1 .C-A !*!3 an alien
wo"an "arrying a Filipino, native born or naturali4ed, beco"es
ipso facto a Filipino provided she is not disBualified to be a citi4en
of the Phils under .ec % and CA &#,
Procedure3
1. alien wo"an will undergo an ad"inistrative process of
cancellation of AC- with the 62<,
!. e)ecute an affidavit that she possesses none of the
disBualifications.
#. attach certification that she is "arried to a Filipino
<$u"antan vs <o"ingo (!%+ .C-A '%&3 @here is no law
guaranteeing aliens "arried to Filipino citi4ens the right to be
ad"itted, "uch less to be given per"anent residency. 2n the Phils
the fact of "arriage by an alien to a citi4en does not withdraw her
fro" the operation of the 2""igration (aws governing the
ad"ission and e)ecution of aliens. Garriage of an alien wo"an to
a Filipino husband does not ipso fact "a8e her Filipino citi4en, and
does not e)cuse her fro" her failure fro" the country upon the
e)piration for her e)tended stay here as an alien.
'+ alien 6en to 2ilipino wo6an
? no effect, avail of the reduction of 5 years un the residency
reBuire"ent for naturali4ation
DUAL ALLEGIANCE
H.ection 5, Article 2C3 <ual allegiance is ini"ical to the national
interest and shall be dealt with by law.
9 this is a non self9e)ecuting provision
9.ec %+ of the (ocal Eov7t Code dual citi4enship is a
disBualification for local elective position
9Gercado vs Gan4ano (#+' .C-A &#+3 <ual citi4enship is
different fro" dual allegiance frowned upon by the 1*D'
Constitution. @he for"er arises when, as a result of the concurrent
application of different laws of ! or "ore .tates, a person is
si"ultaneously owes, by so"e positive act, loyalty to ! or "ore
states. :hile dual citi4enship is voluntary, dual allegiance is the
result of an individual7s volition. @he phrase dual citi4enship in
-A '1&+ "ust be understood as referring to dual allegiance.
? the act of filing a C1C is sufficient to ter"inate the status of a
person as a dual citi4en.
9Caasi vs. Court of Appeals (1*1 .C-A !!*3 A. Igreen card
holdersJ are disBualified to run for electoral positions. @he green
card holder "ust have waived his status as a per"anent resident or
i""igrant of the A.. @he waiver of his green card should be
"anifested by so"e act or acts independent of and done prior to
filing candidacy for elective office in this country. :ithout such
prior waiver, Gerito Giguel was disBualified to run for any
elective office.
Dual an& %ultiple nationalities3
9 this can hardly arise because citi4enship is a "atter to
be e)clusively deter"ined by a country7s own law
9 however, fro" the viewpoint of a #
rd
state, dual or
"ultiple citi4enship "ay really e)ist.
8ays in which 6ultiple citi"enship 6i)ht arise ,%erca&o *s
%an"ano1
1. those born of Filipino fathers and or "others in foreign
countries which follow the principle of $ust soli,
!. those born in the Phils of Filipino "others and alien
fathers if by the laws of their father7s country such
children are citi4en of that country,
#. those who "any "arry aliens if by the laws of the
latter7s country the for"er are considered citi4ens,
unless by their act or o"ission they are dee"ed to have
renounced Phil citi4enship.
Add7l. 1. legislative acts of states
!. Coluntary act of the individual concerned.
CILDREN O2 NATURALI(ED 2ILIPINO 2ATERS#
A+ %inor chil& 4orn 'E2ORE naturali"ation
1. if born in the Phils 5 Filipino
!. if born outside the Phils
9 dwelling in the Phils at the ti"e of the parents7
naturali4ation 5 Filipino
9 dwelling outside 5 Filipino during his "inority unless
he resides per"anently in the Phils when still a "inor,
in which case he will continue to be a Phil citi4en even
after beco"ing of age
'+ %inor chil& 4orn A2TER naturali"ation
1. if born in the Phils 5 Filipino
!. if born outside the Phils 5 Filipino unless within 1 year after
reaching the age of "a$ority he fails to register hi"self as a Phil
citi4en at the Phil consulate of the country where the resides and to
ta8e the necessary oath of allegiance.
RES 7UDICATA IN CITI(ENSIP
Eeneral -ule3 @he principle of -es Fudicata does not apply in
cases hinging on the issue of citi4enship.
;)ception3 6urca vs. -epublic ( 51 .C-A !%D3
-eBuires for -es Fudicata to apply3
a. a person7s citi4enship be raised as a "aterial
issue in a controversy where said person is a
party
b. the .olicitor Eeneral or his authori4ed
representative loo8 active part in the
resolution thereof,
c. the finding on citi4enship is affir"ed by the
.upre"e Court
H -epublic vs. Nee (1.C-A 11&&3 A naturali4ation proceeding,
not being a $udicial adversarial proceeding, the decision therein is
not res $udicata.
1ther cases where -es Fudicata does not apply3
1. support
!. e)propriationPe"inent do"ain
DOCTRINE O2 E22ECTI>E NATIONALITY 5 if the person
is not a citi4en of the foru", get the law o the nation which he was
both a national and a do"iciliary.
DO%ICILIARY TEORY

in general, the status condition, rights and obligations and capacity
of a person should be governed by the law of his do"icile.
<o"icile Citi4enshipPNationality
.pea8s of one7s per"anent
place of above
2ndicate ties of allegiance and
loyalty
1ne "ay possess his do"icile
in one state without necessarily
being a citi4en or a national
thereof
A person "ay be a citi4en or a
national of 1 state without
being a do"iciliary thereof
Do6icile 5 that place where a person has certain settled, fi)ed,
legal relation because3
TYPES O2 DO%ICILE

1. it is assigned to hi" by the law A@ @L; G1G;N@ 1F 62-@L
( <1G2C2(; 1F 1-2E2N.
!. it is assigned to hi" also by law AF@;- 62-@L on account of a
legal disability caused by "inority, insanity or "arriage
(C1N.@-AC@2C; <1G2C2(; 1- <1G2C2(; 6N
1P;-A@21N 1F (A:
#. he has his ho"e here (<1G2C2(; 1F CL12C;+
Art 5, NCC3 For the e)ercise of civil rights and the fulfill"ent of
civil obligations, the do"icile of natural persons is the place of
their habitual residence.
<o"icile 1rdinary -esidence
Gore or less per"anent Gore or less te"porary
Person can generally have 1
do"icile
A person can have several
places of residence
-esidence coupled with the
intention to re"ain for an
unli"ited ti"e
Not do"icile
<enotes a fi)ed per"anent
residence to which when
absent, one has the intention of
returning
Ased to indicate in place of
abode, whether per"anent or
te"porary
H :here we follow the <o"iciliary theory
1. for"alities in "a8ing wills,
!. in the revocation of wills,
#. in election laws9Bualifications of persons running for elective
positions,
%. when the nationality theory is ineffective,
H funda"ental principles governing <o"icile o choice3
1. no natural person "ust ever be without a do"icile,
!. no person can have ! or "ore do"iciles at the sa"e ti"e,
#. do"icile "ay be charged,
%. once acBuired, it re"ains he do"icile unless a new one is
obtained.
H Low to acBuire a new <o"icile of Choice3
1. "ust be "ade by a capacitated person,
!. with freedo" of choice
O -o"ualde4 case3 brother of 2"elda Garcos should be allowed to
register as a voter. @here was n freedo" of choice on his part when
he ran out of the Phils. (his life was in danger
#. with actual physical presence in the place chosen,
%. an intention to acBuire a new one
%blue *5 Note3 change of do"icile "ust be voluntary
Chan)e an& Retention o! Do6icile#
1. for change of do"icile, intention to reside elsewhere without
AC@AA( residence in the place chosen will not be sufficient and
vice9versa,
!. for a retention, there need not be a concurrence of the ! for
unless a new one is acBuired, the old one is retained.
@o acBuire a new do"icile of choice, the following "ust concur3
1. residence or bodily presence in the new locality,
!. an intention to re"ain there,
#. an intention to abandon the old do"icile.
<$u"antan vs. <o"ingo *!%+ .C-A '%&3 an alien wo"an who
"arries a Filipino does not earn the right to reside in the Phils.
ABuino vs. Co"elec (!%D .C-A %++3 @he place where a party
actually or constructively has his per"anent ho"e, whether he, no
"atter where he "ay be found at any given eventually intends to
return and re"ain, i.e, his do"icile is that to which the
Constitution refers when it spea8s of residence for the purposes of
elections law.
Rules !or Do6icile o! Ori)in
1. legiti"ate child 5 do"icile of choice of his father at the "o"ent
of the birth of the child, do"icile of choice of either the father or
the "other
!. illegiti"ate child 5 do"icile of choice of the "other at the ti"e
of the birth of the child
#. legiti"ate child 5 do"icile of the father at the ti"e of the birth
of the child
%. adopted child 5 do"icile of the real parent or the parent by
consanguinity
5. founding 5 the country where it was found
Rules !or Constructi*e Do6icile
A. 2ntents
1. if legiti"ate 5 the do"icile of choice of either the father or
"other,
!. if illegiti"ate 5 the do"icile of choice of the "other,
#. if adopted 5 the do"icile of choice of the adopter,
%. if a ward 5 the do"icile of choice of the guardian
6. Garried wo"an
1. "arriage is valid 5 do"icile of choice of both husband and wife,
!. "arriage is voidable 5 prior to annul"ent, do"icile of the wife
is the do"icile of choice of both, after, wife no longer has any
constructive do"icile
#. "arriage is void 5 no constructive do"icile
wife "ay be allowed to have a separate do"icile3
a. if the husband lives abroad, or there are other valid and
co"pelling reasons for the e)e"ption,
b. if they are legally separated,
c. if the husband forcibly e$ects the wife fro" the con$ugal
ho"e so that he "ay have illicit relations with another,
d. if there is a separation de facto of the spouses.
C. 2diots, lunatics and insane
1. if below the age of "a$ority 5 rules for infants are applicable
!. if above the age of "a$ority
a. if with guardians 5 do"icile of choice of their
guardian
b. without guardians 5 place where they had their
do"icile of choice shortly before they beca"e insane.
%ARRIAGE AS A CONTRACT
Garriage 5 is a special contract of per"anent union between a "an
and a wo"an entered into in accordance with law for the
establish"ent of con$ugal and fa"ily life.
! Aspects of Garriage
1. it is a contract
!. it is also a union, a status, a legal relation
-ules on Garriage as a Contract
Factual situation Point of Contact
1. if celebrated abroad
a. between Filipinos
b. between foreigners
c. "i)ed
1. a. (e) (oci celebrations
without pre$udice to the
e)ceptions under Art !&, #5 (1,
(%, (5 Q (&, #' and #D of the
Fa"ily Code (biga"ous,
polyga"ous and incestuous
"arriages+ and consular
"arriages
b. le) (oci celebrationis e)cept
if the "arriage is3
1. highly i""oral,
!. universally considered
incestuous
c. apply (19b 5 to uphold the
validity of the "arriage
!. if celebrated in the Phils.
a. between foreigners
b. "i)ed
!.
a. national law (Art 1!
provided the "arriage is not
highly i""oral or universally
considered incestuous
b. national law of the Filipino
(otherwise public policy "ay
be "ilitated against
#. "arriage by pro)y
Note3 a "arriage by pro)y is
considered as celebrated where
the pro)y appears
#. le) loci celebrationis (with
pre$udice to the foregoing rues
I?E@TRINSICA2OR%AL >ALIDITY
2NC(A<;.3
1. legal capacity of the contracting parties,
!. consent of the contracting parties, freely given,
#. authority of the person sole"ni4ing the "arriage,
%. "arriage license
5. "arriage cere"ony *i"plied only because of reBuisite nos. #
Q%
-ule3 (e) (oci Celebrationis without e)ceptions
G2K;< GA--2AE;. 2N @L; PL2(2PP2N;.
? NA@21NA( (A: of the Filipino to be followed
P-1KN GA--2AE;.
?if valid in the state where such is celebrated, then it is also
considered valid here (%blue *5
II? INTRINSICASU'STANTI>E >ALIDITY
2NC(A<;.3
1. capacity of the parties
!. consent
#. absence of i"pedi"ents
%ARRIAGE CELE'RATION
A+ 'ET8EEN 2OREIGNERS A'ROAD
Follow (e) (oci celebrationis
;)ceptions3
1. highly i""oral
a. biga"ous "arriage
b. polyga"ous "arriage
!. universally considered incestuous
a. between brothers and sisters 5 whether or the full or half blood,
legiti"ate or illegiti"ate
b. between ascendants and descendants 5 legiti"ate or illegiti"ate
'+ 'ET8EEN 2ILIPINOS A'ROAD
E.-. Art !& 5 (e) (oci Celebrationis
;)ceptions3
1.when 1 party lac8s legal capacity,
!.biga"ous or polyga"ous "arriages,
#.those contacted through "ista8e 1 contracting party as to the
identity of the other,
%.those subseBuent "arriage that are void under Art 5#, Fa"ily
code,
5.where 1 party is psychologically incapacitated
&.incestuous "arriages
'."arriages that are against public policy (Art !&, FC
Coid "arriages under Art #5, FC3
1. (1 those contracted by any party below 1D yrs of age even with
the consent of the parents or guardians.
!. (% those biga"ous or polyga"ous "arriages no falling under
Art. %1,
#. (5 those contracted through "ista8e of 1 contracting party as to
the identity of the other,
%. (& those subseBuent "arriages that are void under Art. 5#
C+ %I@ED %ARRIAGES
? if it is celebrated in Philippines then follow (6 above, however,
if "arriage is celebrated outside Philippines then follow (A
D+ SA%E SE@ %ARRIAGE
a. between foreigners abroad Q valid there ? valid here,
b. between an alien and Filipino celebrated abroad and valid there
? valid here,
c. between ! Filipinos abroad Q valid abroad ? valid here, does not
fall under any of the e)ceptions ( Art 15, CC
!++& notes3difference between ordinary contracts and contract of
"arriage is that for"er are "ere contracts while latter is an
inviolable social institution. @he for"er are entered into depending
on stipulation agreed upon while latter ,the nature and
conseBuences as well as the incidents are governed by law e)cept
"arriage settle"ents,therefore stipulations are of no value. 2n
for"er,age reBuire"ent is age of "a$ority while latter, age
reBuire"ent varies. For"er "ay end as those provided by law,
while latter (contract of "arriage,it ends only in death,annul"ent
or legal causes.2n for"er,instrinsic validity is usually resolved by
an inBuiry into the law intended by the parties while the validity in
latter is verified generally by a reference to le) loci celebraitonis.
%ARRIAGE AS A STATUS
Factual situation Point of contact
1. personal rights and
obligations between husband
and wife
? "utual fidelity, cohabitation,
respect, assistance and support,
right of wife to use husband7s
na"e, duty to follow husband7s
residence
1. national law of the husband
OsubseBuent change of
nationality
a. if 61@L will have a new
nationality ? new one
b. one will change ? last
co""on nationality
c. no co""on nationality ?
national law of the husband at
the ti"e of the wedding
!. property relations between
husband and wife
!. national law of the husband
without pre$udice to what the
CC provides concerning real
pro located in the Phils
O effect of change of nationality
? no effect 5 <octrine of
2""utability in the "atri"onial
Property -egi"e
Garriage as a status 5 i"plication in ! fields3
1. personal rights and obligations of the spouses,
!.prperty relations
A+ PERSONAL RELATIONS
Covers3
1. "utual fidelity, cohabitation and respect
Owife "ay establish separate do"icile
a. if the husband continually indulges in illicit relations with
others,
b. if the husband is i""oderate or barbaric in his de"ands for
se)ual intercourse,
c. if the husband grossly insults her,
d. if she has been virtually driven out of their ho"e,
e. if the husband continually ga"bles and refuses support the
fa"ily,
f. if the husband lives as a vagabond,
g. if the court e)e"pts her because the husband lives abroad.
!. "utual assistance and support,
#. right of wife to use the husband7s na"e,
%. duty if the wife7s to follow the husband to his residence or
do"icile.
Reasons why the national law o! the hus4an& will )o*ern+
1. the law considers the husband as the head of the fa"ily
!. when the wo"an "arries she also acBuires the nationality of her
husband (old law
if there is a change of nationality of both spouses, there is also a
change in the personal between the".
P;-.1NA( -;(A@21N.3
1. "arriage between Filipino ? national law of the spouses
!. "i)ed "arriages ? national law of the husband
#. if the spouses acBuired a new nationality ? new national
law
'+ PROPERTY RELATIONS
Property relations ? property regi"e that will govern the "arriage
;)a"ples3
1. Absolute Co""unity of Property,
!. -elative Co""unityPCon$ugal partnership of Eains,
#. Co"plete .eparation of Property
O "arriage between foreigners who co"e to the Phils 5 apply the
national law of the husband,
O "i)ed "arriage 5 Art D+ of the Fa"ily Code will apply
Art. D+3 2n the absence of the contrary stipulation in a "arriage
settle"ent, the property relations of spouses shall be governed by
Philippine laws, regardless of the place of the celebration of the
"arriage and their residence.
@his rule shall N1@ apply3
1. both spouses are aliens,
!. with respect to the e)trinsic validity of contracts
affecting property not situated in the Phils and e)ecuted
in the country where the prop is located,
#. with respect to the e)trinsic validity of contracts entered
into in the Phils but affecting property situated in a
foreign country whose laws reBuire different for"alities
for its e)trinsic validity.
.cope of Art.D+3
1. applies to "i)ed "arriages,
!. applies even if the "arriage is celebrated abroad,
#. applies even if the parties reside abroad,
%. applies even if the properties are located abroad.
li"itations3
1.if the "arriage is between aliens,
!. does not apply to "i)ed "arriage if the parties stipulated
otherwise,
#. does not apply to the e)trinsic validity of contracts
Eoverned by the law of the Place where the contract
was e)ecuted or where the property is situated and not
by the PC3
1. "arriage settle"ents,
!. donations in considerations of "arriage
DOCTRINE O2 I%%UTA'ILITY O2 PROPERTY
REGI%E3
-egardless of the change of nationality on the part of the husband
or of the wife or of both the original property regi"e at the start of
the "arriage re"ains3
-easons3
1. "arital peace in property relationship shall be "ore or less
guaranteed,
!. the spouses will not be able to pre$udice creditors,
#. "aneuvering between spouses will be avoided
REN>OI DOCTRINE

-envoi9 literally "eans, a referring bac8, the proble" arises when
there is a doubt as to whether a reference to a foreign law 5
a. is a reference to the 2N@;-NA( (A: of said
foreign law,
b. is a reference of the :L1(; 1F L; F1-;2EN
(A:, including its C1NF(2C@. -A(;.3
H Arises when one adopts the Nationality @heory and the other
state adopts the <o"iciliary @heory
H Possible solutions3
1. we "ay re$ect the renvoi 5 we do not want the proble" to be
sent bac8 to us,
!. we "ay accept the renvoi 5 reference is to the :L1(; of he
foreign law including its C1NF(2C@. -A(;.,
#. we "ay follow the theory of desist"ent (also referred to as the
"utual9disclai"er of $urisdiction theory 5 we desist or refrain
fro" applying the foreign law,
%. we ay "a8e use of the foreign court theory 5 we put ourselves in
the position of the foreign courts, and whatever the foreign court
will do respecting the case, the Phil court will li8ewise do,
if we adopt the foreign court theory, we "ay discover
that the foreign court "ay3
a. re$ect the renvoi,
b. accept the renvoi,
c. follow the desist"ent theory,
d. follow the foreign court theory
@rans"ission 9 is the process of applying the law of a foreign
through the law of a second foreign state
<ouble -envoi @rans"ission
<eals with ! countries <eals with # or "ore countries
<eals with referring bac8 <eals with a Itrans"ittingJ
I6plication o! Ren*oi an& Trans6ission
1. 6oth renvoi and trans"ission "ay apply not only to
successional rights, they "ay also refer to "arriage contracts and
agree"ents,
!. both proble"s "ay occur even if (in renvoi the countries
61@L adhere, say to the Nationality @heory or 61@L to the
<o"iciliary theory
A"nar *s+ Christensen?Garcia (' .C-A *53 .aid children were
not entitled to their legiti"ates since under @e)as law, the
decedent7s national law, there are no legiti"ates.
Nor can the renvoi doctrine apply. .aid doctrine7s is usually
pertinent where the decedent is a national of 1 country and a
do"iciliary of another. 2n the present case, the decedent was a
national and do"iciliary of @e)as at the ti"e of his death.
PCI' *s+ Escolin (5& .C-A #&D3 For what the law of @e)as is
governing the order of succession and the a"ount of success ional
rights is in the first instance, one of fact, and that foreign law "ay
not be ta8en $udicial notice of and have to be proven li8e any other
fact in dispute between the parties n any proceeding.