Confict 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
B.Citizenship and Modes of Acqisition
Citizenship 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 therein
!" A#$ %&T&'$()*
+. (atural persons
Those who are citizens of the ,hilippines at the time of adoption of
the +-./ %onstitution
Those whose fathers or mothers are citizens of the ,hilippines
Those born before 0anuary +/, +-/1, of 2ilipino mothers, who elect
,hilippine citizenship upon reaching the age of majority
Those who are naturalized in accordance with the law
3. 0uridical persons 456 2ilipino7owned
3 8"9$) "2 A%:;&#&(< ,!&=&,,&($ %&T&'$()!&,*
+. >y blood ?jus sanguinis@ natural7born citizens
3. >y naturalization naturalized citizens
JUS SANGUINIS
Aalles vs. %"8$=$%, <.#. (o. +1/555, Aug. -, 3555
!AC"#:
#osalind Bbasco =opez was born on 8ay +4, +-1C in Australia to a 2ilipino
father and an Australian mother. &n +-C-, at the age of Dfteen, she left
Australia and came to settle in the ,hilippines, where she later married a
2ilipino and has since then participated in the electoral process not only as
a voter but as a candidate, as well. &n the 8ay +--. elections, she ran for
governor but Aalles Dleda petition for her disEualiDcation as candidate on
the ground that she is an Australian.
$##%&: 'hether or not (osalind is an Astralian or a !ilipino
)&LD:
The ,hilippine law on citizenship adheres to the principle of jus sanguinis.
Thereunder, a child follows the nationality or citizenship of the parents
regardless of the place of hisFher birth, as opposed to the doctrine of jus
soli which determines nationality or citizenship on the basis of place of
birth.
The herein private respondent, #osalind Bbasco =opez, is a 2ilipino citizen,
having been born to a 2ilipino father. The fact of her being born in Australia
is not tantamount to her losing her ,hilippine citizenship. &f Australia
follows the principle of jus soli, then at most, private respondent can also
claim Australian citizenship resulting to her possession of dual citizenship.
The fact that she holds an Australian passport and alien registration
certiDcate is an assertion of her Australian citizenship but not a
renunciation of her ,hilippine citizenship. 8oreover, by Dling her certiDcate
of candidacy, she has eGectively renounced her Australian citizenship.
C.&lection of Citizenship
,#"%$9;#$*
$Hpress such intention in a statement to be signed and sworn to by
the party concerned before any oIcer authorized to administer
oath
2ile the sworn statement, together with oath of allegiance to the
,hilippine %onstitution, with the nearest civil registry
**The election must be made within reasonable time (3 years) from
reachin the ae of ma!ority"
D.Dal Citizenship
the status of a person who is a citizen of two or more countries at the
same time
!" 8AB ,"))$)) 9;A= %&T&'$()!&,*
+. Those born of 2ilipino fathers andFor mothers in foreign countries
which follow the principle of jus soli
3. Those born in the ,hilippines of 2ilipino mothers and alien fathers if
by the laws of their fatherJs country such children are citizens of
that country
1. Those who marry aliens if by the laws of the latterJs country the
former are considered citizens, unless by their act or omission they
are deemed to have renounced ,hilippine citizenship
C. Those who retained or reacEuired their ,hilippine citizenship under
#A -33K after having been naturalized in a foreign country
<$($#A= #;=$* 9ual citizenship is retained.
$L%$,T&"(* The person eHpressly renounces his other citizenship
by Dling a certiDcate of candidacy or by accepting an appointive
position in government.
("TA >$($* ;nder #A -33K ?eGective August 3-, 3551@, the mere Dling of
a certiDcate of candidacy is no longer deemed an eHpress renunciation of
foreign citizenship in order to run for public oIce. The candidate for public
oIce with dual citizenship must ?+@ taMe an oath of allegiance and ?3@
eHecute a renunciation of foreign citizenship. !owever, the foregoing
reEuirements do not apply to natural7born 2ilipinos before running for
public oIce.
#UA$ %ITI&'NS(I) AS G*+UN# ,+* #IS-UA$I,I%ATI+N ,*+. +,,I%'/
,I$ING +, %'*TI,I%AT' +, %AN#I#A%0 AS ',,'%TI1' *'NUN%IATI+N +,
A.'*I%AN %ITI&'NS(I)
8ercado vs. 8anzano, <.#. (o. +1K5.1, 8ay 34, +---
!AC"#:
8ercado and 8anzano are both running for vice7mayor of 8aMati %ity.
8anzano got the highest number of votes but his proclamation was
suspended in view of a pending petition for his disEualiDcation on the
ground that he is an American citizen. 8anzano is born in +-KK of 2ilipino
father and mother. !owever, since he is born in the ;), he is considered as
an American under the jus soli doctrine. ;pon his return to the ,hilippines,
he is registered as a foreigner with the >ureau of &mmigration.
$##%&: 'hether or not Manzano is disqali*ed on +rond that he
is an alien
)&LD:
8anzano is a dual citizen, but his being such does not disEualify him from
running for public oIce. ;nder the =<%, what is prohibited is dual
allegiance and not dual citizenship. The two terms are diGerent.
9ual allegiance refers to a situation in which a person simultaneously
owes, by some positive act, loyalty to two or more states. 9ual citizenship
arises when, as a result of the concurrent application of the diGerent laws
of two or more states, a person is simultaneously considered a national by
the said states.
8oreover, 8anzano is considered to have renounced his American
citizenship by Dling his certiDcate of candidacy.
N+T'2 This case doctrine has no more a33lication after the e4ecti5ity of
*A 6778 on Auust 769 7::3"
&.Loss and (eacqisition of Philippine Citizenship
!" ,!&=&,,&($ %&T&'$()!&, &) =")T*
+. >y naturalization in a foreign country ?prior to #A -33K@
3. >y eHpress renunciation of citizenship
1. >y subscribing to an oath of allegiance to support the constitution
or laws of a foreign country
C. >y accepting commission in the military, naval or air service of a
foreign country
K. >y cancellation of the certiDcate of naturalization
4. >y having been declared by competent authority a deserter of the
,hilippine armed forces in time of war, unless subseEuently a
plenary pardon or amnesty has been granted
';)*'SS *'NUN%IATI+N +, )(I$I))IN' %ITI&'NS(I)
Bu vs. 9efensor7)antiago, <.#. (o. =7.1..3, 0an. 3C, +-.-
!AC"#:
,etitioner is a ,ortuguese national who acEuired ,hilippine citizenship by
naturalization. !owever, despite his naturalization, he still applied for and
was issued a ,ortuguese passport and declared his nationality as
,ortuguese in commercial documents he signed.
$##%&: 'hether petitioner,s acts constitte rennciation of his
Philippine citizenship
)&LD:
$Hpress renunciation means a renunciation that is made Mnown distinctly
and eHplicitly and not left to inference or implication. ,etitioner, with full
Mnowledge, and legal capacity, after having renounced his ,ortuguese
citizenship upon naturalization as a ,hilippine citizen resumed or
reacEuired his prior status as a ,ortuguese citizen, applied for a renewal of
his ,ortuguese passport. To the mind of the court the foregoing acts
considered together constitute an eHpress renunciation of petitionerJs
,hilippine citizenship acEuired through naturalization.
!" ,!&=&,,&($ %&T&'$()!&, &) #$A%:;&#$9*
+. >y direct act of %ongress
3. >y naturalization taMe the oath of allegiance to the #epublic ?#A
-33K@
1. >y administrative repatriation taMe the oath of allegiance to the
#epublic and register the same in the local civil registry of the
place where person resides or last residedN original citizenship is
recovered
*')AT*IATI+N
>engson &&& vs. !#$T, <.#. (o. +C3.C5, 8ay /, 355+
!AC"#:#espondent %ruz was a natural7born 2ilipino who lost his ,hilippine
citizenship when he enlisted in the ;) 8arine %orps and subseEuently
became a naturalized American. hen he returned to the ,hilippines, he
reacEuired his ,hilippine citizenship through repatriation. =ater, he ran for
a seat in %ongress and won. >ut >engson &&& Euestioned his election into
oIce on the ground that he was not a natural7born 2ilipino.
$##%&: 'hether or not Crz,s repatriation reslted in his
reacqisition of his stats as natral-.orn !ilipino
)&LD:
#epatriation results in the recovery of the original nationality. This means
that a naturalized 2ilipino who lost his citizenship will be restored to his
prior status as a naturalized 2ilipino citizen. "n the other hand, if he was
originally a natural7born citizen before he lost his ,hilippine citizenship, he
will be restored to his former status as a natural7born 2ilipino.
&n respondent %ruzJs case, he lost his 2ilipino citizenship when he rendered
service in the Armed 2orces of the ;nited )tates. !owever, he
subseEuently reacEuired ,hilippine citizenship under #A 3415.
!aving thus taMen the reEuired oath of allegiance to the #epublic and
having registered the same in the %ivil #egistry of 8agantarem,
,angasinan in accordance with the aforecited provision, respondent %ruz is
deemed to have recovered his original status as a natural7born citizen, a
status which he acEuired at birth as the son of a 2ilipino father. &t bears
stressing that the act of repatriation allows him to recover, or return to, his
original status before he lost his ,hilippine citizenship.
!. Citizenship .y Natralization
1 8"9$) "2 (AT;#A=&'AT&"(*
+. Administrative naturalization 7 available only to aliens born and
residing in the ,hilippines
3. 0udicial naturalization
1. =egislative naturalization
:;A=&2&%AT&"() 2"# A98&(&)T#AT&A$ (AT;#A=&'AT&"(* ?#A -+1-@
+. 8ust be born in the ,hilippines and residing therein since birth
3. 8ust not be less than +. years old at the time of Dling the petition
1. 8ust be of good moral character and believes in the underlying
principle of the %onstitution and must have conducted himself in
an irreproachable manner during the entire period of residence
C. 8ust have received his primary and secondary education in any
public school or private educational institution
K. 8ust have a Mnown trade, business, profession or lawful occupation
4. 8ust be able to read, write and speaM 2ilipino or any of the dialects
of the ,hilippines
/. 8ust have mingled with the 2ilipinos and evinced a sincere desire
to learn and embrace the customs, traditions and ideals of the
2ilipino people
<#";(9) 2"# %A(%$==AT&"(*
+. 8ade any false statement or misrepresentation or committed any
violation of law, rules or regulation in connection with the petition
for naturalization
3. ithin K years neHt following the grant of ,hilippine citizenship,
established permanent residence in a foreign country 7 covers the
wife and children as well
1. Allowed himself to be used as a dummy in violation of any
constitutional or legal provision reEuiring ,hilippine citizenship 7
covers the wife and children
C. %ommitted any act inimical to national security 7 covers the wife
and children
/. "he Le0 Domicilii (le
Le0 domicilii 1Domiciliary principle2 7 the law of the place of domicile
governs
Domicile 7 place of habitual residenceN a place to which, whenever absent
for business or for pleasure, one intends to return, and depends on facts
and circumstances in the sense that they disclose intent
$=$8$(T)*
+. ,hysical presence
3. Animus manendi 7 intention of returning there permanently
**The law of the forum o5erns the standards of domicile" If domicile is 3ut
in issue9 the court will a33ly its own laws to determine the contro5ersy"
). 3inds of Domicile
1 O&(9)*
+. 9omicile of origin or by birth
3. 9omicile of choice
1. 9omicile by operation of law
$. (les re+ardin+ Domicile
1 #;=$)*
+. A man has a domicile somewhere
3. A domicile once established remains until a new one is acEuired
1. A man can have but only one domicile at a time
!" A ($ 9"8&%&=$ &) A%:;&#$9*
+. Actual removal or actual change of domicile
3. >ona Dde intention of abandoning the former place of residence
and establishing a new one
1. Acts which correspond with such purpose
**All the foreoin elements must be 3ro5ed in order to rebut the
3resum3tion of %ontinuity of #omicile"
4. Domicile and (esidence
(esidence 7 the actual relationship of an individual to a certain placeN
physical presence of a person in a given area, community or country
(esidence 5s. Domicile
#esidence is used to indicate a place of abode, whether permanent or
temporaryN domicile denotes a DHed permanent residence to which,
when absent, one has the intention of returning. A man ma have a
residence in one place and a domicile in another. #esidence is not domicile,
but domicile is residence coupled with the intention to remain for an
unlimited time. A man can have but one domicile for the same purpose at
any time, but he may have numerous places of residence. !is place of
residence is generally his place of domicile, but it is not by any means
necessarily so since no length of residence without intention of remaining
will constitute domicile. ?#omualdez78arcos vs. %"8$=$%, <.#. (o.
++--/4, )ept. +., +--K@
#+.I%I$' ,+* '$'%TI+N )U*)+S'S
#omualdez78arcos vs. %"8$=$%, supra
!AC"#:
,etitioner &melda 8arcos Dled her certiDcate of candidacy ?%"%@ for the
position of #epresentative of the 2irst 9istrict of =eyte. )he stated in the
%"% that she is a resident of the place for seven months. ,rivate
respondent 8ontejo subseEuently Dled a ,etition for %ancellation and
9isEualiDcation on the ground that &melda failed to meet the constitutional
reEuirement of one7year residency. %"8$=$% granted the ,etition for
9isEualiDcation, holding that &melda is deemed to have abandoned
Tacloban %ity as her place of domicile when she lived and even voted in
&locos and 8anila.
$##%&: 'hether or not $melda is deemed to ha5e a.andoned her
domicile of ori+in
)&LD:
An individual does not lose his domicile even if he has lived and
maintained residence in diGerent places. #esidence implies a factual
relationship to a given place for various purposes. The absence from legal
residence or domicile to pursue a profession, to study or to do other things
of a temporary or semi7permanent nature does not constitute loss of
residence. Thus, the assertion that she could not have been a resident of
Tacloban %ity since childhood up to the time she Dled her certiDcate of
candidacy because she became a resident of many places Pies in the face
of settled jurisprudence in which this %ourt carefully made distinctions
between ?actual@ residence and domicile for election purposes.
3. Nationality and Domicile of Corporations
**The nationality of a 3ri5ate cor3oration is determined by the character or
citi<enshi3 of its controllin stoc=holders"
**The domicile of a domestic cor3oration is its 3rinci3al 3lace of business
(contained in the A+I)" ,or forein cor3orations9 their domicile is in the
country under whose laws they are incor3orated"
3 T$)T) T" 9$T$#8&($ 2&=&,&(" %"#,"#AT&"(*
+. <randfather rule 7 governs the strict application of the ownership of
a corporation ?generally 456 2ilipino7owned@
3. %ontrol test 7 a corporation that is at least 456 2ilipino7owned is
considered a 2ilipino for purposes of determining the 2ilipino
ownership of a corporation whose nationality is put in issue
%+*)+*ATI+N #+.I%I$'# IN +N' STAT' >UT #+ING >USIN'SS IN
AN+T('* IS A *'SI#'NT +, T(' $ATT'*
(orthwest "rient Airlines, &nc. vs. %A, <.#. (o. ++3K/1, 2eb. -, +--K
!AC"#:
(orthwest, a ;) corporation, and )harp, a 2ilipino corporation but with a
branch in 0apan, entered into an agreement whereby the former authorized
the latter to sell its air transportation ticMets. )harp, however, was unable
to remit the proceeds of the ticMet sales, prompting (orthwest to sue for
collection in 0apan. )ummons was served on )harpJs branch oIce in 0apan
but because the manager authorized to receive summons was said to be in
8anila, the same was also served on )harpJs 8anila head oIce through
diplomatic channels. )harp nevertheless failed to appear during the
hearing and judgment was rendered. (orthwest now Dled a case before the
,hilippine court to enforce the foreign judgment.
$##%&: 'hether or not the 4apanese cort acqired 6risdiction
o5er the person of #harp
)&LD:
The domicile of a corporation belongs to the state where it was
incorporated. &n a strict technical sense, such domicile as a corporation
may have is single in its essence and a corporation can only have one
domicile which is the state of its creation. (onetheless, a corporation
formed in one state may, for certain purposes, be regarded as a resident in
another state in which it has oIces and transacts business.
&n as much as )harp was admittedly doing business in 0apan through its
duly registered branches at the time the collection suit against it was Dled,
then in the light of the processual presumption, )harp may be deemed a
resident of 0apan, and, as such, was amenable to the jurisdiction of the
courts therein and may be deemed to have assented to the said courtJs
lawful methods of serving process.
,+*'IGN %+*)+*ATI+N #+ING >USIN'SS IN T(' )(I$I))IN'S IS A
*'SI#'NT
)tate &nvestment !ouse, &nc. vs. %itibanM, et al, <.#. (o. /--3473/, "ct. +/,
+--+
!AC"#:
%onsolidated 8ines, &nc. ?%8&@ obtained loans from %itibanM, >anM of
America and !)>%, all foreign corporations but with branches in the
,hilippines. 8eanwhile, )tate &nvestment !ouse, &nc. ?)&!&@ and )tate
2inancing %enter, &nc. ?)2%&@, also creditors of %8&, Dled collection suits
against the latter with writs of preliminary attachment. )ubseEuently, the
three banMs jointly Dled with the court a petition for involuntary insolvency
of %8&. )!& and )2%& opposed the petition on the ground that the
petitioners are not resident creditors in contemplation of the &nsolvency
=aw.
$##%&: 'hether or not a forei+n corporation with a .ranch in the
Philippines and doin+ .siness therein can .e considered a
resident
)&LD:
2oreign corporations duly licensed to do business in the ,hilippines are
considered residents of the ,hilippines, as the word is understood in )ec.
35 of the &nsolvency =aw, authorizing at least three resident creditors of
the ,hilippines to Dle a petition to declare a corporation insolvent. The TaH
%ode declares that the term resident foreign corporation applies to foreign
corporation engaged in trade or business within the ,hilippines as
distinguished from a non7resident foreign corporation which is not
engaged in trade or business within the ,hilippines. The "Gshore >anMing
=aw sates that* >ranches, subsidiaries, aIliates, eHtension oIces or any
other units of corporation or juridical person organized under the laws of
any foreign country operating in the ,hilippines shall be considered
residents of the ,hilippines. The <eneral >anMing Act places branches
and agencies in the ,hilippines of foreign banMs in the category as
commercial banMs, rural banMs, stocM savings and loan association maMing
no distinction between the former ad the latter in so far as the terms
banMing institutions and banMs are used in said Act.