This document discusses Philippine laws related to citizenship and nationality. It defines key concepts like citizenship, nationality, natural-born citizen, and dual citizenship. It also outlines the different ways citizenship can be acquired in the Philippines, such as jus sanguinis (acquisition of citizenship based on blood relation to parents) and naturalization. The document also discusses domicile and instances that can result in dual citizenship or dual allegiance.
This document discusses Philippine laws related to citizenship and nationality. It defines key concepts like citizenship, nationality, natural-born citizen, and dual citizenship. It also outlines the different ways citizenship can be acquired in the Philippines, such as jus sanguinis (acquisition of citizenship based on blood relation to parents) and naturalization. The document also discusses domicile and instances that can result in dual citizenship or dual allegiance.
This document discusses Philippine laws related to citizenship and nationality. It defines key concepts like citizenship, nationality, natural-born citizen, and dual citizenship. It also outlines the different ways citizenship can be acquired in the Philippines, such as jus sanguinis (acquisition of citizenship based on blood relation to parents) and naturalization. The document also discusses domicile and instances that can result in dual citizenship or dual allegiance.
This document discusses Philippine laws related to citizenship and nationality. It defines key concepts like citizenship, nationality, natural-born citizen, and dual citizenship. It also outlines the different ways citizenship can be acquired in the Philippines, such as jus sanguinis (acquisition of citizenship based on blood relation to parents) and naturalization. The document also discusses domicile and instances that can result in dual citizenship or dual allegiance.
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CHAPTER I
EFFECT AND APPLICATION OF LAWS
Art. 14. Penal laws and those of public security and safety shall be obligatory upon all who live or sojourn in the Philippine territory, subject to the principles of public international law and to treaty stipulations. (8a) Art. 15. Laws relating to family rights and duties, or to the status, condition and legal capacity of persons are binding upon citizens of the Philippines, even though living abroad. (9a) Art. 16. Real property as well as personal property is subject to the law of the country where it is stipulated. However, intestate and testamentary successions, both with respect to the order of succession and to the amount of successional rights and to the intrinsic validity of testamentary provisions, shall be regulated by the national law of the person whose succession is under consideration, whatever may be the nature of the property and regardless of the country wherein said property may be found. (10a) Art. 17. The forms and solemnities of contracts, wills, and other public instruments shall be governed by the laws of the country in which they are executed. When the acts referred to are executed before the diplomatic or consular officials of the Republic of the Philippines in a foreign country, the solemnities established by Philippine laws shall be observed in their execution. Prohibitive laws concerning persons, their acts or property, and those which have, for their object, public order, public policy and good customs shall not be rendered ineffective by laws or judgments promulgated, or by determinations or conventions agreed upon in a foreign country. (11a)
Nationality Law private law of the state, which the decedent was a citizen. Domiciliary Principle The status or condition of a person and the relation in which he stands to other persons are fixed by the law of domicile, and that the status so fixed is recognized and upheld in every other state, so far as is consistent with its own laws and policies. Personal law which follows him in his travels and determines some of his important interests. Citizenship synonymous with nationality. Status of being a citizen of a state who owes allegiance to the state and is entitled to its protection and to the enjoyment of civil and political rights. Article IV of the 1987 Constitution Sec. 1. The following are citizens of the Philippines: 1. Those who are citizens of the Philippines at the time of the adoption of this Constitution; 2. Those whose fathers or mothers are citizens of the Philippines; 3. Those born before 17 Jan. 1973, of Filipino mothers, who elect Philippine citizenship upon the age of majority; and 4. Those who are naturalized in accordance with law. Modes of Acquiring Philippine Citizenship 1. Jus Sanguinis acquisition of citizenship on the basis of blood relationship, pursuant to which a child follows the nationality or citizenship of the parents regardless of the place of his/her birth. (Natural Born) 2. Naturalization acquisition of Philippine citizenship in accordance with the nationalization law of the country or by an act of Congress adopting an alien and clothing him with the privileges of a citizen. (Naturalized) Natural-Born Citizens (Sec. 2 of Art. IV of the 1987 Philippine Constitution) - Are those who are citizens of the Philippines from birth without having to perform any act to acquire or perfect their Philippine citizenship. Dual Citizenship - Status of a person who is a citizen of two or more countries at the same time. - Arises 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. - 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. Instances of Dual Citizenship 1. Those born of Filipino fathers and/or mothers in foreign countries, which follow the principle of Jus Soli. 2. Those born in the Philippines of Filipino mothers and alien fathers, if by laws of their fathers country such citizen are citizens of that country; and 3. Those who marry aliens if by the laws of the latters country the former are considered citizens, unless by their act or omission
RA 9225 Citizenship Retention and Re-acquisition Act of 2003. Dual Allegiance situation in which a person simultaneously owe, by some positive act, loyalty to two or more sttes. Dual Citizenship is involuntary, while Dual Allegiance is the result of individuals volition. Re-acquisition of Filipino Citizenship 1. By direct act of Congress; 2. By naturalization; or 3. Administrative repatriation.
3 Ways by which an Alien may Become a Citizen by Naturalization 1. Administrative Naturalization; RA 9139 - aliens who are born and residing in the Philippines 2. Judicial Naturalization CA No. 473 3. Legislative naturalization law organized by Congress. Domicile That place where a man has his true, fixed and permanent home and principal establishment, and to which whenever he is absent he has the intention of returning. Animus Manendi intention of returning there permanently. Article 50, Civil Code For the exercise of civil rights and the fulfillment of civil obligations, the domicile of natural persons is the place of their habitual residence. Residence - place of abode (permanent/temporary)
