Conflict-reviewer-for-finals.docx

CONFLICT OF LAWS STATUS “the place of an individual in society, and consists of personal quantities and relationships, more or less permanent, with which the state and the community is concerned” (Paras) examples:  civil status of a person: single, married, widowed or divorced)  paternity and filiation: legitimate or illegitimate or adopted)  minor or have reached the age of majority CAPACITY vs STATUS -a mere part of status and defined as the sum total of his rights and obligations (Graveson) KINDS OF CAPACITY: 1. Capacity to act -power to do acts with legal effects 2. Juridical Capacity- fitness to be the subject of legal mediation Characteristics of Status: (CUPIT) a. Conferred principally by the state b. generally have a Universal character. (countries generally recognize the status of one person all over the world regardless of what state conferred it) c. matter of Public or social Interest (e.g., marriage is conferred by the state) d. cannot be easily Terminated by mere will or desire of the parties concerned. (e.g., marriage requires the parties to file a petition for annulment if parties no longer want to be married to each other) PERSONAL LAW -the law that attaches to the individual wherever he may go which generally governs his status, capacity and family relations and the consequences of his actuations. THEORIES OF PERSONAL LAW (theories that should govern his status and capacity)  nationality law  domiciliary law  law of situs.

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Domicile vs Residence -domicile denotes a fixed, permanent residence to which, when absent, one has the intention of returning while residence applies to a temporary stay of a person in a given place.

Romualdez vs RTC Br. 7 Tacloban City (226 SCRA 408, 1993) "Domicile" denotes a fixed permanent residence to which when absent for business or pleasure, or for like reasons, one intends to return. (amimus revertendi) “Residence” imports not only an intention to reside in a fixed place but also personal presence in that place, coupled with conduct indicative of such intention."

DOMICILIARY LAW the proper determinative law on status and capacity Situs Theory (“eclectic theory”) -the particular place or situs of an event or transaction is generally the controlling law. Nationality theory prevails in our country. The status and capacity of an individual is generally governed by his nationality Article 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. Nationality vs Citizenship “National” includes not only citizens but all those owing allegiance to a particular state Nationality and citizenship are generally synonymous terms in the study of conflict of laws THEORIES ON NATIONALITY 1. Jus Soli- law of the place of one’s birth determines one’s nationality. 2. Jus Sanguinis- one follows the citizenship of his parents; this is citizenship by blood.

CONFLICT OF LAWS STATELESSNESS Statelessness due to: (Four factors how a person may become stateless) 1. Deprivation of his citizenship for any cause such as commission of a crime; 2. Renunciation of one’s nationality by certain acts, express or implied; 3. Voluntary release from his original state; 4. He may have been born in a country which recognizes only the principle of jus sanguinis -- or citizenship by blood, of parents whose law recognizes only the principle of jus soli - citizenship by birth in a certain place. Thus he is neither a citizen of the country of his parents. CITIZENS OF THE PHILIPPINES (Art. IV of the 1987 Philippine Constitution) The following are citizens of the Philippines – a.

b. c.

d.

Those who are citizens of the Philippines at the time of the adoption of the Constitution; Those whose fathers OR mothers are citizens of the Philippines; Those born before January 17, 1973 of Filipino mothers, who elect Philippine citizenship upon reaching the age of majority Those who are naturalized in accordance with law

-process of acquiring the citizenship of another country Attributes of Naturalization: 1. Citizenship is not a right, it is a privilege. The burden is on the applicant to show clearly that he has complied with every condition that the law imposes. 2. The requisite conditions for naturalization are laid out by congress; courts can change and modify them 3. There is strict compliance with the requirements of the process of naturalization 4. Only foreigners may be naturalized. 5. Naturalization may be revoked by the state 6. Naturalization demands allegiance to our constitution, law and government 7. It is a proceeding in rem. MODES OF NATURALIZATION: (Acquisition or reacquisition) 1.

2. 3.

Judicial Process -Commonwealth Act No. 473, as amended by RA 530 -process for acquiring Filipino citizenship for naturalization Legislative Process- the congress enacts a law conferring the citizenship Administrative Process- governed by RA 9139 or Administrative Naturalization Law of 2000

Judicial Process Qualifications and Disqualifications under CA. 473 (PART OF EXAM!) JUDICIAL PROCESS (CA 473, Sec. 2) ADMINISTRATIVE PROCESS (RA 9139, Sec.3) QUALIFICATIONS a. Petitioner must not be less than 21 years of age a. The applicant must be born in the Philippines and residing on the date of the hearing of the petition. therein since birth.

NATURALIZATION

b. He must have, as a rule, resided in the Philippines for a continues period of not less than 10 years. c. He must be of good moral character, and believes in the principles underlying the Philippine Constitution, and must have conducted himself in a proper and irreproachable manner during the entire period of his residence in the Philippines in relation with the constituted government as well as with the community in which he is living.

b. The applicant must not be less than 18 years of age at the time of the filing of his/her petition. c. The applicant must be of good moral character and believe 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

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CONFLICT OF LAWS d. He must own real estate in the Philippines worth not less than P5,000.00; or must have some lucrative trade, profession, or occupation. e. He must be able to speak and write English, Spanish and any one of the principle Philippine languages; and f. He must have enrolled his minor children of school age in any of the public or private schools recognized by the Bureau of Private Schools where Philippine history, government, and civics are taught or prescribed as part of the school curriculum during the entire period of the residence required of him, prior to the hearing of his petition for naturalization.

secondary education in any public school or private education 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 citizenship. f. The applicant must also be able to read, write, and speak Filipino or any of their dialects of the Philippines.

g. The applicant must have mingled with the Filipinos and evinced a sincere desire to learn and embrace the customs, traditions and ideals of the Filipino people. DISCUALIFICATIONS a. Persons opposed to organized governments or a. those opposed to organized government or affiliated with affiliated with, any association or group of persons any association or group of persons who uphold and teach who uphold and teach doctrines opposing all doctrines opposing all organized governments. organized governments; b. Those defending or teaching the necessity of or propriety b. Persons defending or teaching the propriety of violence, personal assault or assassination for the success of violence, personal assault or assassination for or predominance of their ideas; the success and predominance of their ideas; c. polygamists or believers in the practice of polygamy. c. Polygamists or believers in the practice of polygamy; d. Those convicted of crimes involving moral turpitude. d. Persons convicted of a crime involving moral turpitude;

e. Those suffering from mental alienation or incurable contagious disease;

e. Persons suffering from mental alienation or incurable contagious disease;

f. those who, during the period of their residence in the Philippines, have not mingled socially with Filipinos, or who have not evinced a sincere desire to learn and embrace the customs, traditions and ideals of the Filipinos.

f. Persons 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 nations with whom the Philippines is at war.

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g. Citizens or subjects (of nations) with whom the Philippines is at war during the period of such war; and h. Citizens or subjects of a foreign country whose laws do not grant Filipinos the right to be naturalized citizens or subjects thereof.

CONFLICT OF LAWS h. Citizens or subjects of a foreign country (other than the US) whose laws do not grant Filipinos the right to become naturalized citizens or subjects thereof. Where to file the petition for administrative naturalization? -OFFICE OF THE SOLICITOR GENERAL REPUBLIC vs. CO KENG, GR L-19829, 1966 Co Keng’s petition for naturalization was revoked on the grounds: (1) Co Keng, in his petition, did not indicate that he had two known residence (Sec. 7 & 8 of the Revised Naturalization law requires the applicant to state all his present and former places of residence) and as a result, only one place was cited in the publication which made his petition for naturalization noncompliant with Sec. 7 of the Commonwealth Act 473; (2) Co Keng also underdeclared his income from 1948 to 1957 which became a conclusive evidence of dishonesty making him devoid of good moral character required by Sec 2(3) of the Revised Naturalization Law.

GO vs. REPUBLIC Naturalization is not a right, but one of privilege of the most discriminating, as well as delicate and exacting nature, affecting, as it does, public interest of the highest order, and which may be enjoyed only under the precise conditions prescribed by law therefor. Go’s petition for naturalization was revoked on the grounds: (1) Go failed to prove the credibility of his character witnesses since they merely averred general statements without specifying acts or events that would exhibit Go’s traits and even when the background checks were being done, Go’s members of the household as well as Go, himself, did not cooperate for an interview by the BOI agents; and (2) Go failed to state his former residence in the application. One of his character witness revealed that he & Go were neighbors prior to the latter’s transfer to their declared residential address and thus, the former residence was excluded in the allegations of his published petitions.

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COMMONWEALTH 473 “Revised Naturalization Law” DECLARATION OF INTENTION: 1 year prior to the filing of his petition for admission to Philippine citizenship, applicant must file with the Bureau of Justice, a declaration under oath of its intention to become a citizen of the Philippines. Contents: Name, age, occupation, personal description, place of birth, last foreign residence and allegiance, the date of arrival, the name of the vessel or aircraft, if any, in which he came to the Philippines, and the pace of residence at the time of the making of the declaration. For the declaration to be valid, the lawful entry for permanent residence must be established and a certificate showing the date, place, and manner of his arrival must be issued. Other contents of the declaration: If applicant has children, that they are enrolled in any of the public schools or private schools recognized by the Office of Private Education of the Philippines, where Philippine history, government, and civics are taught or prescribed as part of the school curriculum, during the entire period of the residence in the Philippines required of him prior to the hearing of his petition for naturalization 2 photographs of himself PERSONS EXEMPT FROM THE REQUIREMENT TO MAKE A DECLARATION (SEC. 6) Persons born in the Philippines and have received their primary and secondary education in public schools or those recognized by the Government and not limited to any race or nationality, those who have resided continuously in the Philippines for a period of 30 years or more before filing their application. Widow and minor children of an alien who has declared his intention to become a

CONFLICT OF LAWS citizen in the Philippines and dies before he is actually naturalized. WHERE TO FILE: RTC of the province in which the petitioner has resided at least one year immediately preceding the filing of the petition NOTE: Appeal to CA under Rule 45, question of law EFFECTS OF NATURALIZATION ON THE WIFE Vests citizenship on the wife who might herself be lawfully naturalized; She need not prove her qualifications but only that she is not disqualified. (Moy Ya Lim Yao v. Comm. of Immigration, G.R. No. L21289, Oct. 4, 1971) ON THE MINOR CHILDREN Born in the Born in Abroad Philippines AutomatiBefore the After parent’s cally naturalization of the naturalization becomes father a citizen If residing If not Considered in the residing Filipino, Phil. At in the provided the time Phil. At registered as of the time such before naturaliza of any Phil. tion naturaliza consulate tion within 1 year after attaining majority age and takes oath of allegiance. Automati GEN: cally Considere becomes d citizen a citizen. only during minority XPN: He begins to reside permanen tly in the Phil.

Procedure for naturalization under CA 473

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1.

2. 3.

4. 5.

6. 7.

Declaration of Intention filed with the Office of the Solicitor General NOTE: Must be done one year prior to the filing of petition for admission to Philippine Citizenship Petition for Citizenship Notification and Appearance NOTE: Publication of such petition in the Official Gazette and in one of the newspapers of general circulation in the province where the petitioner resides once a week for 3 consecutive weeks Hearing of the Petition Issuance of the Certificate of Naturalization NOTE: The petitioner shall also take an oath before the naturalization certificate is issued. Record Books Charging of Fees

Procedure under RA 9139 1. Petition for Citizenship 2. Special Committee on Naturalization 3. Approval or Disapproval of the Petition 4. Decree of Naturalization 5. Charging of Fees REPUBLIC vs. MANALO, GR 221029, APRIL 24, 2018 Paragraph 2 of Article 26 confers jurisdiction on Philippine courts to extend the effect of a foreign divorce decree to a Filipino spouse without undergoing trial to determine the validity of the dissolution of the marriage. It authorizes our courts to adopt the effects of a foreign divorce decree precisely because the Philippines does not allow divorce. Philippine courts cannot try the case on the merits because it is tantamount to try a divorce case. Under the principles of comity, our jurisdiction recognizes a valid divorce obtained by a spouse of foreign nationality, but the legal effects thereof, e.g., on custody, care and support of the children or property relations of the spouses, must still be determined by our courts. Paragraph 2 of Article 26 speaks of a “divorce validly obtained abroad by the alien spouse capacitating him or her to remarry”. Based on a clear and plain reading of the provision, it only requires that there be a divorce validly obtained abroad. The letter of the law does not demand that the alien spouse should be the one who

CONFLICT OF LAWS initiated the proceeding wherein the divorce decree was granted. It does not distinguish whether the Filipino spouse is the petitioner or the respondent in the foreign divorce proceeding. To reiterate, the purpose of Paragraph 2 of Article 26 is to avoid the absurd situation where the Filipino spouse remains married to the alien spouse who, after a foreign divorce decree that is effective in the country where it was rendered, is no longer married to the Filipino spouse. The provision is a corrective measure to address the anomaly where the Filipino spouse is tied to the marriage while the foreign spouse is free to marry under the laws of his or her country. Whether the Filipino spouse initiated the foreign divorce proceeding or not, a favorable decree dissolving the marriage bond and capacitating his or her alien spouse to remarry will have the same result: the Filipino spouse will effectively be without a husband or a wife. A Filipino who initiated a foreign divorce proceeding is in the same place and in like circumstance as a Filipino who is at the receiving end of an alien initiated proceeding. Therefore, the subject provision should not make a distinction. In both instance, it is extended as a means to recognize the residual effect of the foreign divorce decree on Filipinos whose marital ties to their alien spouses are severed by operation of the latter’s national law. NOTE: in the case of Republic vs Manalo, to invoke the nationality principle is erroneous since Article 15 of the Civil Code is not an absolute and unbending rule. The mere existence of Paragraph 2 of Article 26 is a testament that the Senate may provide for an exception thereto. Moreover, blind adherence to the nationality principle must be disallowed if it would cause unjust discrimination and oppression to certain classes of individuals whose rights are equally protected by law. The courts have the duty to enforce the laws of divorce as written by the Legislature only if they are constitutional.

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