Conflict of Laws

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CHAPTER 10
NATIONALITY

Definition of Nationality
- Refers to membership in a political community, one that is personal and more or less permanent, not temporary
-
- All citizens are nationals, but not all nationals are citizens

Importance
- National law of an individual regulates his civil status and condition, his family rights and duties, the intrinsic validity
of his will, and the rights of succession to his properties
- It is the bond of nationality that qualifies and enables a state to extend its diplomatic protection to those of its
citizens who are in other States

Determination of Nationality
- General Principle: Each state is free to determine by its own law the persons whom it considers to be its own
nationals
- The Hague Convention in 1930 on Conflict of Nationality Law laid down the two important rules
1. It is for the municipal law of each state to determine who are the nationals of a particular state
2. No other law than that of the Philippines determines whether or not a person is a Filipino national
- The authority of the state to define who are its nationals is not an absolute, it must be consistent with international
treaties, international customs, and principles of law generally recognizes with regard to nationality

Acquisition and Loss of Nationality
- 5 Modes of Acquiring Nationality
1. Birth some follow Jus Sanguinis or Jus Soli
2. Naturalization grant of citizenship upon application or by some act which would qualify an individual for a
new nationality
3. Repatriation recovery of the original nationality upon fulfillment of certain conditions
4. Subjugation political changes that result in the establishment of new relations between the inhabitants of
a territory and the now sovereign
5. Cession

- Nationality is Lost by:
1. Release
2. Deprivation
3. Expiration
4. Renunciation

Dual or Multiple Nationality
- Arises from the concurrent application of jus soli and jus Sanguinis at birth or from a refusal of certain states to
accept full application of the doctrine of expatriation
- Not confuse dual nationality or citizenship with dual allegiance

Stateless Persons
- The condition of statelessness may easily arise under ordinary international
circumstances
- Ex.
1. A child of parents whose home country adheres to the pure principle of
jus soli is born in a country in which the principle of jus Sanguinis is in
force
2. Tumultuous political events in some countries have rendered stateless
numberless individuals
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3. Thousands of emigrants have lost their nationality by Soviet decree
4. By the legislations of Germany and Italy which introduced the system of expatriation as a political weapon
against alleged enemies

- Crucial Question: What is the law governing the civil status and capacity of stateless persons? Since they have no
definite nationalities, they are generally subject to the law of their domicile or habitual residence, and in default
thereof, to the law of their temporary residence

States with a Composite System of Law
- Two Kinds of Composite Law
1. The composite law on personal basis determine by religion, class or race
Ex. India where the law is different for Buddhists, Hindus, Mohammedans and whites
2. The composite law on territorial basis where the territory is divided into parts with different bodies of
rules on personal status
Ex. United States, British Empire, Poland and Mexico
- Three factors considered in determining the law governing the status of a person whose national law is composite
and based on the territorial principle
1. Where interregional rules exist, that is, of the country to whose law reference is made has unified internal
regulation declaring which one of the several private laws applied to the individual concerned, this
regulation is universally accepted for the purpose of secondary reference
2. Where no interregional rules exist, and the individual is domiciled within his own country, the rule is quite
generally recognized that the law of the domicile constitutes his personal law
3. Where no interregional rules exist, and the individual is domiciled outside his country, the prevailing rule is
to apply the law of the last domicile in his country , or in default thereof, the law in force at the capital of
that country

Aliens married to Filipinos
- There are 2 distinct situations which call for separate treatment
1. An alien woman married to a Filipino
Sec. 15 of the Naturalization Law: any woman married to a citizen of the Philippines, and who
might herself be lawfully naturalized, is deemed a citizen of the Philippines
It was not enough that the alien wife did not have any of the disqualifications; she should have all
the qualifications required by the naturalization law to become a Filipino citizen by naturalization
She has to file a petition for naturalization in the CFI of the place where she had resided at least one
year before the filing of the petition
Mo Ya Yim Yao vs. Commissioner of Immigration an alien woman marrying a Filipino, native born
or naturalized, becomes ipso facto a Filipino provided she is not disqualified to be a citizen of the
Philippine s under Sec. 4 of the same law. Likewise, an alien woman married to an alien who is
subsequently naturalized here follows the Philippine citizenship of her husband the moment he
takes his oath as a Filipino citizen, provided she does not suffer from any of the disqualification.
She still has to prove before some agency of the Government that she is not disqualified to become
a Filipino citizen by naturalization
2. A Filipina married to an alien man
Art. IV, Sec 4. 1987 Constitution: Citizens of the Philippines who
marry aliens shall retain their citizenship unless by their act
or omission hey are deemed under the laws, to have
renounced it.
Whether she acquires the nationality of her alien husband is
determined bu the law of the State of which the husband is a
national



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Citizens or Nationals of the Philippines
Article IV of the1987 Constitution
1. Those who are citizens of the Philippines at the time of the adoption of this Constitution;
2. Those whose fathers and 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;
4. Those who are naturalized in accordance with law

1973 Constitution,
ARTICLE III: 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 and mothers are citizens of the Philippines.
(3) Those who elect Philippine citizenship pursuant to the provisions of the Constitution of nineteen hundred and thirty-
five.
(4) Those who are naturalized in accordance with law.

1935 Constitution
ARTICLE IV: Citizenship
Section 1. The following are citizens of the Philippines:
(1) Those who are citizens of the Philippine Islands at the time of the adoption of this Constitution.
(2) Those born in the Philippine Islands of foreign parents who, before the adoption of this Constitution, had been elected
to public office in the Philippine Islands.
(3) Those whose fathers are citizens of the Philippines.
(4) Those whose mothers are citizens of the Philippines and, upon reaching the age of majority, elect Philippine
citizenship.
(5) Those who are naturalized in accordance with law.

Discussion of the items:
A. Those who may be considered citizens of the Philippine Islands on May 14, 1935
*Sobrang haba ng enumeration (p. 177-178, Salonga)
B. Those born in the Philippines of foreign parents who, before the adoption of the 1935 Constitution had been elected to
public office in the Philippines
o Caram Case: Caram a delegate to 1935 Constitutional Convention was born in the Philippines of Syrian
parents, he was elected to the Provincial Board of Iloilo; Caram is considered a Filipino citizen
o Chionbian Case: Chiongbian is considered a Filipino citizen because his father, although born in the
Philippines of foreign parents, had been elected to the position of municipal council and therefore should be
considered a citizen
C. Those whose fathers are citizens of the Philippines
D. Those whose mothers are citizens of the Philippines and, upon reaching the age of majority, elect Philippine citizenship
o 3 Possible Situations are contemplated
1. Her Filipino citizenship at the time of the birth of the child
2. Her Filipino citizenship at the time the child elects Philippine citizenship
3. Her Filipino citizenship at the time of her marriage to a
foreigner
o In the 1948 case of Villahermosa vs. Commissioner of Immigration,
the SC seemed to imply that for the child to elect Philippine citizenship,
the mother should be a Filipino at the time of such election. If we were
to follow this interpretation, very few children could avail themselves of
the option, for in many instance, under the provisions of the 1935
Constitution, the mother would follow the husbands nationality and this
lose Philippine citizenship.
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E. Those whose fathers or mothers are citizens of the Philippines (1973 & 1987 Constitution)
F. Those who are naturalized in accordance with law
o Naturalization legal process of clothing an alien with the rights that belong to a natural born citizen ;
considered not a matter of right but one of privilege and may be enjoyed only under the precise conditions
prescribed by law
o To acquire Philippine citizenship by naturalization is merely a privilege granted to a certain aliens under
certain conditions
o Sec. 3. Qualifications. Subject to the provisions of the succeeding section, any person desiring to avail of
the benefits of this Act must meet the following qualifications:
a. The applicant must be born in the Philippines and residing therein since birth;
b. The applicant must not be less than eighteen (18) years of age, at the time of filing of his/her petition;
c. The applicant must be of good moral character and believes in the underlying principles of the
Constitution, and must have conducted himself/herself in a proper and irreproachable manner
during his/her entire period of residence in the Philippines in his relation with the duly constituted
government as well as with the community in which he/she is living;
d. The applicant must have received his/her primary and secondary education in any public or private
educational institution duly recognized by the Department of Education, Culture and Sports, where
Philippine history, government and civics are taught and prescribed as part of the school curriculum
and where enrollment is not limited to any race or nationality: Provided, that should he/she have
minor children of school age, he/she must have enrolled them in similar schools;
e. The applicant must have a known trade, business, profession or lawful occupation, from which he/she
derives income sufficient for his/her support and if he/she is married and/or has dependents, also
that of his/her family: Provided, however, That this shall not apply to applicants who are college
degree holders but are unable to practice their profession because they are disqualified to do so by
reason of their citizenship;
f. The applicant must be able to read, write and speak Filipino or any of the dialects of the Philippines; and
g. The applicant must have mingled with the Filipinos and evinced desire to learn and embrace the
customs, traditions and ideals of the Filipino people.
o Sec 4. Disqualifications The following are not qualified to be naturalized as Filipino citizens under this Act:
a. Those opposed to organized government or affiliated with any association or group of persons who
uphold and teach doctrines opposing all organized governments;
b. Those defending or teaching the necessity of or propriety of violence and personal assault or
assassination for the success or predominance of their ideas;
c. Polygamist or believers in the practice of polygamy;
d. Those convicted of crimes involving moral turpitude;
e. Those suffering from mental alienation or incurable contagious diseases;
f. Those who, during the period of their residence in the Philippines, have not mingled socially with the
Filipinos, or who have not evinced a sincere desire to learn and embrace the customs, traditions
and ideals of the Filipinos;
g. Citizens or subjects of a foreign country whose laws do not grant Filipinos the right to be naturalized
citizens or subject thereof.
G. Loss and reacquisition of Philippine citizenship
- A Filipino may lose his citizenship in any of the following ways
1. Naturalization in foreign countries
2. Express renunciation of citizenship
3. Subscribing to an oath of allegiance
4. To support the constitution or laws of a foreign country upon
attaining 21 years of age or more
5. Rendering service to, or accepting commission in the armed forces
of a foreign country
6. By cancellation of the certificate of naturalization
7. Having been declared by competent authority as a deserter of the
Philippine armed forces in time of war
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Chapter 11
DOMICILE

Domicile place where a person or his family resides.
- NCC the domicile of a natural person is the place of their habitual residence
- Where he has his true, fixed permanent home and principal establishment, and to which, whenever he is absent, he
has the intention of returning.
- The one technically preeminent headquarters, which as a result of either fact or fiction every person is compelled to
have in order that by aid of it, certain rights and duties which have attached to it by law may be determined.
- Domicile is the place with which a person has a settled connection for certain legal purposes, either because his
home is there or because that is the place assigned to him by the law.
- One may be domiciled in a place where he has never been, and he may reside in a place where he has no domicile.
Every person acquires at birth a domicile of origin, which may be different from the place where he is born or that in
which his parents are residing at the moment, but the country in which his father is domiciled at the time of his
birth.

Domicile vs. Residence
- Residence used to indicate a place of abode, whether permanent or temporary
- Domicile denotes a fixed, permanent residence to which, when absent, one has the intention of returning.
- Residence is not domicile, but domicile is residence coupled with intention to remain for an unlimited time.

Domicile of choice the place freely chosen by a person with full legal capacity as his home
Constructive domicile place assigned by law to persons under legal disability, such as infants, minors, prisoners, and
the like. (infant/minors usually follows the domicile of their parents; prisoners the domicile he had before
imprisonment)

importance of domicile in the Philippines
- Important point of contact in determining the personal law of an individual.
- Used as bases for the exercise of judicial power
- In conflicts of law:
1. The adoption by our SC of Anglo American conflicts rules based on the domiciliary principle
2. The inadequacy of the nationality principle when applied to stateless persons, persons with multiple nationality,
and persons belonging to countries having a composite system of law.
3. The fact that in many countries, many personal rights and obligations may become, and often are, the subject of
litigation on countries following the nationality principle.
4. The occasional reference by Philippine law to the lex domicilii in determining the validity of certain acts.

Functions served by domicile in conflict of laws fall under 3 categories:
1. Judicial jurisdiction
o example: whether a court has jurisdiction based on the residence or domicile of one of the parties
2. Choice of law
o Example: A will executed abroad by an alien may be considered formally valid if formally valid by his
domicile
3. Governmental benefits and burdens
o Example: the State of the domicile may subject a person to certain
forms of personal taxes.

No uniform concept of domicile variety of meanings
- In Re: Dorrance Estate: Pennsylvania Court a persons expression of desire
may not supersede the effect of his conduct. A man cannot retain a domicile in
one place when he has removed to another and intends to reside there for the
rest of his life, by any wish, declaration or intent inconsistent with the dominant
facts of where he actually lives and what he means to do. A man cannot elect to
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make his home in one place for the general purpose of life, and in another place for the purpose of taxation. A
declaration of domicile is self-serving and not followed by acts in accordance with the declaration will not be
regarded as conclusive but will yield to the intent which the acts and conduct of persons clearly indicate.
- In Re: Dorrance Estate: New Jersey Court: When a man acquired a domicile in a particular place, that place remains
to be his domicile until he acquires another domicile. To bring about such a change, it is necessary that he shall in
fact leave the old domicile for the new, with the intention of abandoning the former and of remaining permanently
or indefinitely in the latter. A man may choose his domicile and the motive for such choice is immaterial.
- Different territorial jurisdiction may not have the same operational definition of domicile.
- But whats similar is that 2 requisites should concur:
1. Physical presence or actual residence and
2. intention to maintain this resident for an indefinite period.
- This has been attributed by eminent authorities to the wide latitude of discretion which the courts everywhere
reserve to themselves in determining where a person is domiciled.

What law determines domicile?
- This is a problem of characterization
- The criticism against the characterization of the law of the forum, the main argument being that domicile, like
nationality, establishes a social and political link between an individual and a particular State, that link should be
construed under the law of that State.

Basic Principles of Domicile
1. No natural person can ever be without a domicile.
2. A person cannot have two simultaneous domiciles.
3. Every natural person, as long as he is free and sui generis, may have and change his domicile at pleasure.
4. A domicile once acquired is retained unless a new one is gained.
5. Presumption is in favour of the continuance of an existing domicile. The burden of proof is on the one who alleges
that a change of domicile has taken place.

Legal classification of domicile
1. Domicile of origin
o Domicilium originis - domicile of a persons parents at the time of his birth
2. Constructive domicile (Domicile by operation of law)
o Domicile established by law after birth in the case of persons under legal disability, regardless of their
intention or voluntary act.
o (book discusses empowerment of women where both husband and wife are considered for domicile of
minor, and of married women not dependent of the husbands domicile)
3. Domicile of choice
o The place voluntarily chosen by a person sui generis as his home and to which, whenever he is absent, he
has the intention of returning.
o 4 requisites
1. Capacity
2. Freedome of choice
3. Residence or mere physical presence
4. Intent to make that place the home
o Domicile once acquired continues to be retained until both the
elements of residence and intention are lost. As is true of acquisition,
abandonment of domicile depends upon the existence of residence
and intention. These conclusions on domicile of choice may be summed
up as follows:
1. To acquire a fresh domicile, residence and intention must concur
2. To retain an existing domicile, either residence there or intention to
remain must be present
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3. To abandon a domicile, residence in the new place and intention to abandon the old place must concur.
o The primary intention required for the acquisition of a domicile of choice is an intention to make a home,
rather than an intention to acquire a domicile.
o As a general rule, the motive or reason prompting a person to make a given place his home is immaterial. It
has been said that as long as the requirements of a domicile of choice are met.
o The fact that physical presence in a place is for an illegal or immoral purpose should have no effect on the
acquisition of domicile except as the purpose of the presence may indicate that the required domiciliary
intention is not present.