BOOK 1 PERSONS  If it can be shown that an insane person

TITLE I – CIVIL PERSONALITY was acting during a lucid interval, the

contract will be considered valid.
PERSON 3. State of being a deaf-mute
 Any being, natural or artificial, capable of o May either be sane or insane.
possessing legal rights and obligations. o If sane, prescription may run against
 Two Kinds of Persons him.
1. Natural persons — human beings created o He may make a will
by God through the intervention of the o But cannot be a competent witness to a
parents. notarial will.
2. Juridical persons — those created by law. 4. Prodigality
 The state of squandering money or
Art. 37. Juridical capacity, which is the property with a morbid desire to
fitness to be the subject of legal relations, is prejudice the heirs of a person).
inherent in every natural person and is lost only 5. Civil interdiction
through death. Capacity to act, which is the power  The deprivation by the court of a
to do acts with legal effect, is acquired and may person’s right
be lost.  Examples:
1. To have parental or marital
authority.
Juridical Capacity Capacity to Act
2. To be the guardian of the person
The fitness to be the The power to do acts
and property of a ward.
subject of legal relations with legal effect
3. To dispose of his property by an act
Capacidad Juridica Capacidad De Obrar;
inter vivos (he cannot donate, for
“Facultas Agendi.”
this is an act inter vivos; but he can
1. Passive 1. Active
make a will, for this is a disposition
2. Inherent 2. Merely acquired mortis causa).
3. Lost only through 3. Lost through death 4. To manage his own property.
death and may be restricted  The penalty of civil interdiction is given
by other causes to a criminal punished by imprisonment
4. Can exist without 4. Exists always with for 12 years and 1 day or more.
capacity to act juridical capacity
ARTICLE 39. The following circumstances,
Full or Complete Civil Capacity among others, modify or limit capacity to act: age,
 The union of the two kinds of capacity insanity, imbecility, the state of being a deaf-mute,
 PLENA CAPACIDAD CIVIL penalty, prodigality, family relations, alienage,
absence, insolvency and trusteeship. The
Art. 38. Minority, insanity or imbecility, the state consequences of these circumstances are governed in
of being a deaf-mute, prodigality and civil interdiction this Code, other codes, the Rules of Court, and in
are mere restrictions on capacity to act, and do not special laws. Capacity to act is not limited on account
exempt the incapacitated person from certain of religious belief or political opinion.
obligations, as when the latter arise from his acts or A married woman, twenty-one years of age or
from property relations, such as easements. over, is qualified for all acts of civil life, except in cases
specified by law.
Restrictions on Capacity to Act o A father has generally full civil capacity and is
1. Minority (below 18) not as such restricted under Art. 38, however,
 If a minor enters into a contract it is precisely because he is a father, his capacity to
merely voidable alienate his property is modified in the sense
 Capacity to act is only RESTRICTED. that he cannot impair the legitime of his
 14 years of age – can give his written compulsory heirs.
consent to make valid a legal adoption
 May acquire property using the capital Family Relations
of his parents, said property to belong o A man cannot marry his mother, or sister, or
to the latter in ownership and usufruct. even a first cousin
2. Insanity or imbecility
 Insanity Alienage
o Condition in which a person’s o Cannot generally acquire private or public
mind is sick. agricultural lands, including those residential in
 Imbecility nature, except thru hereditary succession and
o Feeble-mindedness, or a this prohibition extends to alien corporations,
condition in which a person o Cannot practice medicine or law, save in
thinks like a small child. exceptional instances.
o Cannot vote or be voted for a public office.
 o Cannot engage in coastwise shipping. the testator, he cannot be represented
by his own heirs
Absence o The right to support ends.
o The fact that one has been absent for several o A marriage, whether voidable or valid,
years and his whereabouts cannot be also ends.
determined, subjects his property to o The tenure of public office ends.
administration by order of the court although o If an individual dies, the property or
his capacity to act is not limited. estate left by him should be subject to
the tax in generally the same manner as
Chapter 2 NATURAL PERSONS if he were alive.
o If a person dies after he has authorized
ARTICLE 40. Birth determines personality; but another to sell the former’s property,
the conceived child shall be considered born for all the sale after such death is not valid, if
purposes that are favorable to it, provided it be born made by the agent with knowledge of
later with the conditions specified in the following the principal’s death.
article. 2. Contract
3. Will
PRESUMPTIVE PERSONALITY
o Personality begins at conception given that the o The “estate’’ of a deceased is a person that may
fetus will be born continue the personality of the deceased even
after death — for the purpose of settling debts.
ACTUAL PERSONALITY o Death extinguished his criminal liability, but the
o Commences at birth proceedings should continue to determine his
civil liability
Newborn Screening Act
o RA 9288, May 24, 2004, ARTICLE 43. If there is a doubt, as between two or
o The policy of the State to protect and promote more persons who are called to succeed each other, as
the right to health of the people, including the to which of them died first, whoever alleges the death
rights of children to survival and full and healthy of one prior to the other, shall prove the same; in the
development as normal individuals. absence of proof, it is presumed that they died at the
o NEWBORN same time and there shall be no transmission of rights
o A child from the time of complete from one to the other.
delivery to 30 days old.
When two persons perish in the same calamity,
ARTICLE 41. For civil purposes, the fetus is such as a wreck, battle, or conflagration, and it is not
considered born if it is alive at the time it is completely shown who died first, and there are no particular
delivered from the mother’s womb. However, if the circumstances from which it can be inferred, the
fetus had an intra-uterine life of less than seven survivorship is presumed from the probabilities
months, it is not deemed born if it dies within twenty- resulting from the strength and age of the sexes,
four hours after its complete delivery from the according to the following rules:
maternal womb. 1. If both were under the age of fifteen years, the
older is presumed to have survived;
TWO KINDS OF CHILDREN 2. If both were above the age of sixty, the younger
1. Ordinary is presumed to have survived;
o with an intra-uterine life of at least 3. If one be under fifteen and the other above
seven months. sixty, the former is presumed to have survived;
o Mere birth is sufficient here 4. If both be over fifteen and under sixty, and the
2. Extraordinary sexes be different, the male is presumed to
o If the intra-uterine life be less than have survived; if the sexes be the same, then
seven months. the older;
o Here the child must have lived for at 5. If one be under fifteen or over sixty, and the
least 24 hours after its complete other between those ages, the latter is
delivery from the maternal womb presumed to have survived.

ARTICLE 42. Civil personality is extinguished by o Called to succeed each other - Example: father
death. The effect of death upon the rights and and son
obligations of the deceased is determined by law, by
contract and by will. Chapter 3 JURIDICAL PERSONS

Effect of death is determined by ARTICLE 44. The following are juridical persons:
1. Law (1) The STATE and its political subdivisions;
o If a person be made a voluntary heir in
the will of another and he dies before
 (2) Other corporations, institutions and entities said rights unless 60% of its capital be
for PUBLIC INTEREST OR PURPOSE, created by Philippine-owned.
law; their personality begins as soon as they 2. During war, we may pierce the veil of
have been constituted according to law; corporate identity, and go to the very
nationality of the controlling stockholders
(3) Corporations, partnerships and associations for regardless of where the incorporation had
PRIVATE INTEREST OR PURPOSE to which the been made. Thus a German-controlled
law grants a juridical personality, separate and corporation, even if incorporated in the
distinct from that of each shareholder, partner Philippines, was considered an enemy
or member. corporation during the war for the purpose
of freezing its assets. A contrary rule may
KINDS OF JURIDICAL PERSONS endanger Philippine security.
1. Public juridical persons
a. Public corporations o Even if a foreign corporation is not doing
 like the province and the city business in the Philippines, and even if not
 formed or organized for the licensed, it may sue here in our country.
Government of a portion of the State o There is no general rule or governing principle
 purpose the general good and welfare as to what constitutes “doing’’ or “engaging in’’
b. The state itself or “transacting’’ business in the Philippines.
2. Private juridical persons
a. Private corporations ARTICLE 46. Juridical persons may acquire and
o formed for some private purpose, possess property of all kinds, as well as incur
benefit, aim, or end formed for some obligations and bring civil or criminal actions, in
private purpose conformity with the laws and regulations of their
o Begins to exist as a juridical person from organization.
the moment a certificate of
incorporation is granted to it. RIGHTS OF JURIDICAL PERSONS
b. Partnerships 1. To acquire and possess property of all kinds.
o even if not registered is a juridical 2. To incur obligations.
person, provided that it has been validly 3. To bring civil or criminal actions.
constituted
o A limited partnership, to be valid as POINTERS
such, must be registered with the o Stockholders may be held for obligations
Securities and Exchange Commission. contracted by the corporation whenever
c. Foundations circumstances have shown that the corporate
entity is being used as an alter ego (other self)
The Church or business conduit for the sole benefit of the
o The Roman Catholic Church in the Philippines is stockholders.
a person. But it is an entity or person separate o A corporation is civilly liable in the manner as
and distinct from the personality of the Pope or natural persons for torts committed by its
the Holy See. officers or agents.
o The Roman Catholics of a parish, however, are o Where a corporation is a dummy, is unreal, or a
not a juridical person, there being no provision sham and serves no business purpose and is
of law for their organization as one. intended only as a blind, the corporate form
may be ignored, for the law cannot
ARTICLE 45. Juridical persons mentioned in Nos. 1 countenance a form that is a mischievous
and 2 of the preceding article are governed by the laws fiction
creating or recognizing them. o The general rule is that a corporation is entitled
Private corporations are regulated by laws of to use a name, but not in violation of the rights
general application on the subject. of others
Partnerships and associations for private interest o A religious corporation which is not controlled
or purpose are governed by the provisions of this Code by Filipinos cannot acquire lands, otherwise
concerning partnerships. alien religious landholdings in this country
would be revived.
NATIONALITY OF JURIDICAL PERSONS o An American citizen, under the Parity
o Determined by the place of its incorporation. Amendment, can acquire lands in the
o EXCEPTIONS Philippines, exploit our natural resources, and
1. For the grant of the rights in the operate public utilities, only if in his particular
Constitution to the operation of public state in the United States, Filipinos are granted
utilities, and for the acquisition of land and RECIPROCAL parity rights
other natural resources, a corporation, o The mere grouping together did not give
even if incorporated here, cannot acquire corporate life to the group formed. It cannot act
 as a corporation. Neither can it create agents or
exercise by itself authority in its behalf. CITIZENSHIP
ESTOPPEL o status of being a citizen, or of owing allegiance
o A person who contracts with a “corporation” to a certain state for the privilege of being
cannot later deny its personality. under its protection.
o But the person who represents himself as the o political in character
agent of a non-existing corporation cannot NATIONALITY
prevent the person who has been misled from o refers to a racial or ethnic relationship.
suing the “agent” personally, since a non-
registered corporation does not have a juridical POINTERS
personality. o In the field however of Civil Law and Private
International Law, the two are possessed of the
o Even if a corporation has been dissolved, it can same meaning, i.e., the meaning of
still continue prosecuting (as plaintiff) or defending (as CITIZENSHIP. Thus, when we say that
a defendant) for the next three years, thru its legal successional rights depend on the national law
counsel, who may be considered a “trustee” for this of the deceased, we really refer to the law of
purpose. the country of which he was a citizen at the
moment of death.
ARTICLE. 47. Upon the dissolution of corporations,
institutions and other entities for public interest or THREE KINDS OF CITIZENS
purpose mentioned in No. 2 of Article 44, their 1. Natural-born citizen
property and other assets shall be disposed of in o Those who are citizens of the Philippines
pursuance of law or the charter creating them. If from birth without having to perform any
nothing has been specified on this point, the property act to acquire or perfect their Philippine
and other assets shall be applied to similar purposes citizenship.
for the benefit of the region, province, city or o NATIVE-BORN CITIZEN - one born in the
municipality which during the existence of the country of which he is a citizen
institution derived the principal benefi ts from the 2. Naturalized citizens
same. o Citizens who become such through judicial
proceedings.
POINTERS 3. Citizen by election
o This Article refers to public corporations or o Citizens who become such by exercising
associations. the option to elect a particular citizenship,
o A Corporation can exercise its Powers and usually within a reasonable time after
Transact Business thru its board of directors, reaching the age of majority.
officers, and agents — when authorized by a
board resolution or its by-laws Two Theories on Whether Place or Ancestry
o Physical acts, like the signing of documents, can Determines Citizenship
be performed only by NATURAL persons duly- 1. Jus soli
authorized for the purpose by a corporate by- o If born in a country, a person is a citizen
laws or by specific acts of the board of directors of the same.
o This is not applied in the Philippines
How assets are to be distributed: today
1. First apply the provisions of the law or charter 2. Jus sanguinis
creating them. o One follows the citizenship of his
2. If there is no such provision, the assets will be parents; this is citizenship by blood.
for the benefit of the place which was already o This is the rule followed in the
receiving the principal benefits during the Philippines
existence of the corporation or association.
The Problem of Dual and Multiple Nationalities
Family’ or ‘Close’ Corporation o Philippine courts are only allowed to determine
o Organized for the purpose of running a family who are Filipino citizens and who are not.
business or managing family property o The determination by our tribunals of a
o A family corporation should serve as a rallying person’s particular foreign citizenship cannot of
point for family unity and prosperity not as a course be regarded as binding by other courts.
flashpoint for familial strife. o Does dual or multiple nationality exist?
o The decision on the direction of the course of It depends:
the corporate business is “vested in the board 1. From the viewpoint of the countries
and not with courts. directly involved, it does NOT exist
(ordinarily)
Title II. CITIZENSHIP AND DOMICILE 2. BUT from the viewpoint of THIRD STATES,
it does exist.
INTRODUCTORY COMMENTS
 o However, from the viewpoint of a third 4. He may have been born in a country which
state, dual or multiple citizenship may really recognizes only the principle of jus sanguinis —
exist. citizenship by blood, of parents whose law
o Rule — get the law of the forum if the forum is recognizes only the principle of jus soli —
one of the countries of which the deceased was citizenship by birth in a certain place. Thus, he is
a national neither a citizen of the country where he was
o The domiciliary theory runs to the rescue of the born, nor a citizen of the country of his parents.
nationality theory (b) Personal law of stateless individuals:
o THEORY OF EFFECTIVE NATIONALITY o PERSONAL LAW OF STATELESS INDIVIDUALS
o If the deceased is not a citizen of the 1. The law of the domicile (habitual residence)
forum, we must get the law of the nation 2. The law of the place of temporary residence.
of which he was both a national and a
domiciliary. POINTERS
o “Within a third state, a person having o No natural person can ever be without a domicile
more than one nationality shall be treated o There can be no independent action for the
as if he had only one. Without prejudice to judicial declaration of the citizenship of an
the application of its law in personal individual.
matters and of any conventions in force, a o An applicant for naturalization is already a Filipino
third state shall, of the nationalities which citizen in the same naturalization proceedings if
any such person possesses, recognize the evidence so warrants.
exclusively in its territory either the o Declaration of Philippine citizenship CANNOT be
nationality of the country in which he is validly made in an action for declaratory relief
habitually and principally resident, or the o No person claiming to be a citizen can get a judicial
nationality of the country with which in the declaration of citizenship.
circumstances he appears to be in fact o The proper remedy would have been for her to fi le
most closely connected.’’. a petition for citizenship or naturalization under
o A testator, considered a Cuban under Cuban law, the Burca ruling.
and an Algerian under Algerian law, was
domiciled at the moment of his death in Italy. He Citizenship of a Filipino Woman Who Marries a
died in Alaska, leaving properties in the Foreigner
Philippines. How should a Philippine court dispose 1. Rule Prior to the 1973 Constitution
of the successional rights to his estate?  If she acquired his nationality, she lost
ANSWER: To properly apply Art. 16, par. 2, of Philippine citizenship; otherwise, she
our Civil Code, it is believed that in a case like this, remains a Filipino.
our rule should be: 2. Rule under the 1973 Constitution
1. First, get the Cuban and the Algerian laws  A female citizen of the Philippines who
on succession, and apply them in so far as marries an alien shall retain her
they are consistent with or identical to each Philippine citizenship UNLESS by her act
other; or omission she is deemed, under the
2. Secondly, in so far as there is a conflict, we law, to have renounced her citizenship.
must apply the law of Italy, the law of the
domicile, to resolve the conflict. BEFORE MOY YA CASE - Citizenship of a Filipino
Foreigner who marries a Filipino
SITUATIONS WHERE DUAL CITIZENSHIP MAY ARISE  The Supreme Court categorically held that the
1. Through Marriage proper proceeding in which an alien woman
2. Through a Naturalized Citizen’s Failure to married to a Filipino can be herself declared a
Comply with Certain Legal Requirements in the Filipino citizen is a citizenship (naturalization)
Country of Origin proceeding.
3. From a Combined Application of Jus Soli and Jus  “By constitutional and legal precepts, an alien
Sanguinis. woman who marries a Filipino citizen, (Natural-
4. By the Legislative Act of the State born,naturalized or by-elect) does not by the
5. By the Voluntary Act of the Individual mere fact of marriage — automatically become a
Concerned Filipino citizen.’’
Reason: she must possess all the
STATELESS INDIVIDUALS qualifications and none of the disqualifications for
1. He may have been deprived of his citizenship naturalization.
for any cause, such as the commission of a  Any action by any other office, agency, board or
crime; official, administrative or otherwise — other than
2. He may have renounced his nationality by the judgment of a competent court of justice —
certain acts, express or implied; certifying or declaring that an alien wife of a
3. He may have voluntarily asked for a release Filipino citizen is also a Filipino citizen, is hereby
from his original state; declared null and void
AFTER MOY YA CASE 1. This provision does not rely on jus soli
 “Under Sec. 15 of Com. Act 473 (the Revised exclusively, service should have been
Naturalization Law) an alien woman marrying a rendered.
Filipino, native-born or naturalized, becomes ipso 2. If “born OUTSIDE the Philippines,” the
facto a Filipino provided, she is not disqualified to article does not apply.
be a citizen of the Philippines under Sec. 4 of the 3. If “appointed” and not “elected,” the article
same law.’’ does not apply.
 “An alien woman married to an alien who is 4. If “private” instead of “public” office, the
subsequently naturalized here follows the article does not apply.
Philippine citizenship of her husband the moment 5. The child is considered the Philippine
he takes his oath as a Filipino citizen, provided citizen, not the parents
she does not suffer from any of the  Deemed a Filipino from the time of his election
disqualifications under said Section 4.”
 The decision in effect ruled that it is not Children of Filipino Fathers
necessary for an alien citizen to prove in a judicial  If natural born, children are also Filipino
proceeding that she possesses all the  If naturalized in accordance with law
qualifications set forth in Sec. 2 and none of the  If the child is of legal age, he must be
disqualifications under Sec. 4, both of the Revised naturalized to become a Filipino
Naturalization Law.  If the child is a MINOR
A. A minor child born BEFORE
POINTERS naturalization
 Purpose of the Constitutional Provision 1. if born in the Philippines — is a
Disqualifying Aliens from Acquiring Lands of the Filipino
Public Domain and Private Lands - The primary 2. if born outside the Philippines
purpose is the conservation of the national a. if dwelling in the Philippines at
economy. the time of the parent’s
naturalization — is a Filipino;
ARTICLE. 48. The following are citizens of the b. dwelling outside the
Philippines: Philippines at the time of
(1) Those who were citizens of the Philippines parent’s naturalization — is a
at the time of the adoption of the Constitution of the Filipino only during his
Philippines; minority unless he resides
permanently here when still a
(2) Those born in the Philippines of foreign minor, in which case he will
parents who, before the adoption of said Constitution, continue to be a Philippine
had been elected to public office in the Philippines; citizen even after becoming of
age.
(3) Those whose fathers are citizens of the B. A minor child born AFTER naturalization
Philippines; a. if born in the Philippines — is a
Filipino;
(4) Those whose mothers are citizens of the b. if born outside the Philippines —
Philippines and, upon reaching the age of majority, shall be considered a Philippine
elect Philippine citizenship; citizen, unless within one year after
reaching the age of majority he fails
(5) Those who are naturalized in acordance to register himself as a Philippine
with law. citizen at the Philippine consulate of
the country where he resides and to
Citizens of the Philippines under the 1987 Constitution take the necessary oath of
1. Those who are citizens of the Philippines at the allegiance.
time of the adoption of this Constitution POINTERS
2. Those whose fathers or mothers are citizens of  REPATRIATION - reacquisition of citizenship by
the Philippines a formal act
3. Those born before Jan. 17, 1973, of Filipino  A Filipino woman can reacquire her citizenship
mothers, who elect Philippine citizenship upon upon death of his alien spouse if
reaching the age of majority 1. If she became a widow before the
4. Those who are naturalized in accordance with effectivity of Commonwealth Act 63 (Oct.
law. 21, 1936), she immediately reacquired
Philippine citizenship without any need of
Citizens By Virtue of Having Been Elected To a Public repatriating herself. However, and this
Office in the Philippines would be if she, by outward or external
 Indicated in the 1935 but this proviso has been acts, decided to continue being a citizen
eliminated in the 1973 and 1987 Constitutions. of her husband’s country.
 Rules
 2. If she became a widow on or after Oct. school not established for the
21, 1936, she has to repatriate herself; exclusive instruction of children of
otherwise, she remains a foreigner. persons of a particular nationality
ARTICLE. 49. Naturalization and the loss and or race in any of the branches of
reacquisition of citizenship of the Philippines are education or industry for a period
governed by special laws. of two years;
5. If he was born in the Philippines.
NATURALIZATION  PHYSICAL presence is not necessarily
 The process of acquiring the citizenship of required for the entire period of
another country. residence required of the petitioner. So
 In the strict sense, it is a judicial process. long as there is an intent to return
 In the loose and broad sense, it may mean the (animus revertendi). The temporary
acquisition of another citizenship by such acts absence must however, be of short
as marriage to a citizen, and the exercise of the duration.
option to elect a particular citizenship.
3. He must be of good moral character, and
ATTRIBUTES OF NATURALIZATION believe in the principles underlying the
1. Citizenship is not a right; it is a privilege. Philippine Consti-tution, and must have
“The Naturalization Law grants to aliens conducted himself in a proper and
the privilege of obtaining Philippine citizenship irreproachable manner during the entire
under certain conditions; the conditions must period of his residence in the Philippines in his
be complied with.” relation with the constituted government as
2. The requisite conditions for naturalization are well as with the community in which he is
laid down by Congress; courts cannot change or living;
modify them.  There is NO NECESSITY for a criminal
3. Only foreigners may be naturalized. conviction for a crime involving moral
4. Just as a State may denationalize its own turpitude; BUT lack of a conviction does
citizens, so may naturalization be revoked, by not necessarily mean that the petitioner
the cancellation of the certificate of is of good moral character.
naturalization.  The Naturalization Law, according to the
5. Naturalization demands allegiance to our Court must be rigidly enforced and
Constitution, laws, and government. strictly construed in favor of the
government and against the applicant.
QUALIFICATIONS FOR NATURALIZATION
4. He must own real estate in the Philippines
1. The petitioner must not be less than 21 worth not less than P5,000, Philippine
(majority age today is 18) years of age on the currency, or must have some lucrative trade,
date of the hearing of the petition. profession, or lawful occupation;
 It will be noted that the age of majority  One good proof is the certificate of
in the country of the petitioner does assessment or a declaration of real
not matter estate property ownership.
 The term “lucrative” implies substantial
2. He must have, as a rule, resided in the or gainful employment, or the obtaining
Philippines for a continuous period of not less of tangible receipts.
than ten years.  For lucrative employment to be
 The residence contemplated is not present, there must be an appreciable
merely legal residence but ACTUAL and margin of income over expenses in
SUBSTANTIAL residence in order that order to provide for adequate support
the purpose of the law may be in the event of unemployment,
obtained: sickness, or disability to work.
 The residence requirement is REDUCED
to five years in any of the following 5. He must be able to speak and write English or
cases: Spanish and any one of the principal Philippine
1. If the applicant has honorably held languages
office under the Government of the  A deaf-mute cannot speak, therefore,
Philippines or under that of any of he cannot be naturalized.
the provinces, cities, municipalities,  it is sufficient that in the petitioner’s
or political subdivisions thereof; association with Filipinos in daily life, he
2. If he has established a new industry can understand them.
or introduced a useful invention in  The law does not require a speaking
the Philippines; and writing knowledge of BOTH English
3. If he is married to a Filipino woman; and Spanish, for the law says “OR” with
4. If he had been engaged as a teacher reference to these two.
in a public or recognized private
 6. He must have enrolled his minor children of evinced a sincere desire to learn and embrace
school age in any of the public schools or the customs, traditions, and ideals of the
private schools recognized by the Bureau of Filipinos.
Private Schools where Philippine history,  An applicant should “mingle socially”
government, and civics are taught or with Filipinos as a fact and is not
prescribed as part of the school curriculum content with personal beliefs to that
during the entire period of the residence effect.
required of him, prior to the hearing of his  The burden laid on an applicant to
petition for naturalization as citizen. affirmatively show that he maintains
 The reason for this provision is for the social relations with the Filipinos must
children of the applicants (prospective be shown by concrete instances (with
Filipino citizens themselves) to learn dates, places, names).
and imbibe the customs, traditions,  The law demands that the “social
and ideals of Filipinos: this is mingling” takes place during the ENTIRE
preparatory to a life of responsible and period of residence in the Philippines in
law-abiding citizenship. order to preclude any temporary
 Enrollment in an exclusive Chinese sporadic social intercourse set up only
school does not satisfy the law, unless, for naturalization purposes.
of course, the Government recognizes  An applicant must deal with and receive
it and Philippine history, government, Filipinos in his home, and visit Filipino
and civics are taught therein or are homes in a spirit of friendliness and
prescribed as part of the curriculum. equality without discrimination.
 Failure to enroll even one of them will
result in a denial of the petition 7. Citizens or subjects of nations with whom the
United States and the Philippines are at war.
DISQUALFICATION FOR NATURALIZATION
 The burden of proof as to qualifications is on 8. Citizens or subjects of a foreign country other
the applicant; the burden of proceeding with than the United States, whose laws do not
respect to the disqualifications is ordinarily on grant Filipinos the right to become naturalized
the State citizens or subjects thereof.
 The petitioner must prove that his
1. Persons opposed to organized government or country allows the naturalization of
affiliated with any association or group of Filipino citizens.
persons who uphold and teach doctrines  The applicant does not have to obtain
opposing all organized governments; permission from his country to
2. Persons defending or teaching the propriety of renounce his original citizenship or
violence, personal assault, or assassination for nationality. It is enough that our rules
the success and predominance of their ideas; are complied with; to seek compliance
with the rules of other countries would
3. Polygamists or believers in the practice of be in a case such as this “a brazen
polygamy; encroachment upon the sovereign will
 Mere belief in polygamy without and power of the people of this
practicing it is enough to disqualify Republic.”
 In the case of stateless citizens, they
4. Persons convicted of a crime involving moral may be naturalized without proving
turpitude; that their original country grants
 Moral turpitude is that which shows in reciprocal rights to Filipinos in this
a person the unit of injustice, matter.
dishonesty, immodesty, or immorality.
Crimes involving moral turpitude STEPS IN NATURALIZATION PROCEEDINGS
include estafa, concubinage, and
profiteering, but not “speeding”, nor 1. A declaration of intention to become a Filipino
the playing of “mahjong” during citizen must first be filed, unless the applicant
prohibited hours is exempted from this requirement.

5. Persons suffering from mental alienation or a. The Codal Provision

incurable contagious diseases.  One year prior to the filing of his
 The disease must be BOTH incurable petition for the admission to Philippine
and contagious to constitute a citizenship, the applicant for Philippine
disqualification citizenship shall file with the Office of
the Solicitor General a declaration
6. Persons who, during the period of their under oath that it is his bona fi de
residence in the Philippines, have not mingled intention to become a citizen of the
socially with the Filipinos, or who have not Philippines.
b. Mandatory Character  For one of the children not to be
 Unless the applicant is exempted by given secondary education simply
law, the fi ling of this intention is because she got married is not a
mandatory, and failure would be fatal. valid excuse.
 Even if the declaration is fi led one year  A mere six months absence from
prior to the fi ling of the petition for our country, with, however, the
naturalization, still if the fi ling fee for intent to return here does not
such declaration is paid later, say, 5-1/2 interrupt the 30 years “continuous”
months prior to the petition for residence.
naturalization, the filing of the  the law provides specifically that
declaration produces NO legal effect. the filing of the declaration of
c. Reasons for the Provision intention must be averred in the
 Firstly the period of one year is petition.
intended to give the State a reasonable  The declaration of intention is so
time to screen and study the essential in cases of naturalization
qualifications of the applicant. that its incorporation in the petition
 Secondly, it is a means by which good has become jurisdictional.”
intention and sincerity of purpose may  “Unlike final decisions in actions
be gauged and other proceedings in court, a
d. Contents of the Declaration decision or order granting
 Bona fide intention to become citizenship to the applicant does
Filipino, not really become executory; and a
 the declarant name and personal naturalization proceeding, not
circumstances, and being a judicial adversary
 that “he has enrolled his minor proceeding, the decision rendered
children if any, in any of the public therein is not res judicata as to any
schools or private schools of the reasons or matters which
recognized by the Bureau of Private would support a judgment
Schools of the Philippines where cancelling the certificate of
Philippine history, civics, and naturalization for illegal or
government are taught or fraudulent procurement. As a
prescribed as part of the school matter of fact, it is settled in this
curriculum, during the entire period jurisdiction that a certifi cate of
of the residence in the Philippines naturalization may be cancelled
required of him prior to the hearing upon grounds or condition
of his petition for naturalization as subsequent to the granting of the
Philippine citizen. certifi cate of naturalization.’’
e. Persons Exempt From the Requirement to
Make a Declaration of Intention: 2. The petition for naturalization must then be
 Persons born in the Philippines and filed.
who have received their primary a. Where petition is to be fi led
and secondary education in public  After the lapse of one year
schools or private schools from the time the
recognized by the Government, and declaration of intention (if
not limited to any race or married) is fi led, in The
nationality; Court of First Instance
 Those who have resided (now Regional Trial Court)
continuously in the Philippines for a of the province in which the
period of thirty years or more petitioner has resided for
before fi ling their application; at least one year
 The widow and minor children of an immediately preceding the
alien who has declared his intention fi ling of the petition.
to become a citizen of the  The intent to return (animus
Philippines and dies before he is revertendi) must always be taken
actually naturalized. into account in the determination of
d. Strict Interpretation of the Exemptions domestic residence.
 The applicant who wishes  It has been held that the petition
exemption from the declaration of must be denied when the applicant
intention must have COMPLETED fails to state in his petition his
his secondary course by which present and former places of
substantial compliance was residence.
sufficient.  The purpose of indicating all former
places of residence is to facilitate a
checking up of applicant’s activities.
  The failure of the applicant to  If the statutory requirement of notice in
mention the name he had been three consecutive issues of the Official
baptized with is FATAL because Gazette is not complied with, this is a
persons who might have derogatory jurisdictional defect
information against such name might  The ruling is that if the O.G. is not
not come forward with it in the published weekly, the 3-time
belief that the applicant is a different publication requirement refers to a 3-
person. time monthly publication
 The affidavit of two credible persons
must support the petition for 4. If the petition is approved, there will be a
naturalization. rehearing two years after the promulgation of
1) That they are citizens of the the judgment awarding naturalization.
Philippines;  The purpose of the two-year period is
2) That they personally know to place the petitioner on probation
the petitioner to be a resident of the  The period starts from the time the
Philippines for the period of time judgment becomes fi nal: thus, if the
required by the Naturalization Law; government does NOT appeal, the
3) That the petitioner is a starting period begins from the time the
person of good repute and is morally judgment of the trial court is
irreproachable; promulgated; if the government
4) That he has, in their opinion, appeals, the period starts from the time
all the qualifications, and none of the the appellate court promulgates its
disqualifications for naturalization. judgment awarding naturalization

 A “credible person” is one who has a 5. The last step will be the taking of the oath of
good standing in the community, allegiance to support and defend the
one known to be honest and upright. Constitution and the laws of the Philippines.
 What must be “credible” is not  The fi ling of the petition to take the
necessarily the testimony itself, but oath must be done within a reasonable
the person giving it. time after the expiration of said 2-year
 The witnesses however, must NOT period. A delay of more than 6 years in
be under the authority or influence this regard reveals petitioner’s lack of
of the petitioner. interest in the matter.
 “good repute” primarily means the
opinion of the community about the NOTE
petitioner, not just the opinion of  A decision in a petition for naturalization
two individuals. becomes final only after 30 days from its
 RA 965 and RA 2630 are laws promulgation and, in so far as the Solicitor
applicable to persons who had lost General is concerned, that period is counted
their citizenship by rendering service from the date of his receipt of the copy of the
to, or accepting commission in, the decision.
armed forces of an allied foreign  Under Sec. 9 of the Revised Naturalization Law,
country or the Armed Forces of the both the petition for naturalization and the
United States of America. order setting it for hearing must be published
Parenthetically, under these once a week for three consecutive weeks in the
statutes, the person desirous to Official Gazette and a newspaper of general
reacquire Philippine citizenship circulation.
would not even be required to fi le a  During the two-year probation period, the
petition in court, and all that he had physical presence of the petitioner in the
to do was to take an oath of Philippines is required, not mere legal
allegiance to the Republic of the residence, otherwise the government will not
Philippines and to register that fact have the opportunity to observe and scrutinize
with the civil registry in the place of his conduct.
his residence or where he had last
resided in the Philippines. CANCELLATION OF THE NATURALIZATION CERTIFICATE

3. The petition will then be heard. 1. If it is shown that said naturalization certificate
 After proper publication once a week was obtained fraudulently or illegally;
for three consecutive weeks in the
Official Gazette, and in one of the 2. If the person naturalized shall, within five years
newspapers of general circulation in the next following the issuance of said
province where the petitioner resides, naturalization certificate, return to his native
and proper posting of the petition, the country or to some foreign country and
same shall be heard by the court. establish his permanent residence therein:
  Provided, That the fact of the person authority a deserter of the
naturalized remaining for more than Philippine Armed
one year in his native country or the Forces in time of war, unless
country of his former nationality, or two subsequently, a plenary pardon or
years in any other country, shall be amnesty has
considered as prima facie evidence of been granted.
his intention of taking up permanent c) forfeiture of citizenship by
residence in the same; rendering service to, or accepting a
commission in the armed
3. If the petition was made on an invalid forces of a foreign
declaration of intention; country.
- If with the consent of
4. If it is shown that the minor child of the person the Republic of the Philippines, shall
naturalized failed to graduate from public or NOT divest a Filipino of his
private high school recognized by the Bureau of Philippine citizenship if
Private Schools (now Department of Education, either of the following circumstances is
Culture, and Sports), where Philippine history, present:
government, and civics are taught or prescribed 1) The Republic
as part of the school curriculum, through the of the Philippines has a defensive
fault of their parents either by neglecting to and/or offensive pact of
support them or by transferring them to
another school or schools. allegiance with the said foreign
country; or
5. If it is shown that the naturalized citizen has 2) The said
allowed himself to be used as a dummy in foreign
violation of the Constitution or legal provision countr
requiring Philippine citizenship as requisite for y
the exercise, use or enjoyment of a right, mainta
franchise, or privilege.’ ins
armed
forces
POINTERS on
 Res judicata does not apply to naturalization cases. Philipp
So if an alien has been awarded citizenship, he can ine
still be stripped of said citizenship territo
ry with
HOW CITIZENSHIP MAY BE LOST IN GENERAL the
1. By substitution of a new nationality consen
 NOTE: If a Filipino woman marries a t of
stateless citizen, she retains Philippine the
citizenship for the simple reason that Republ
she has not acquired any new ic of
nationality. the
2. By renunciation of citizenship Philipp
 also known as EXPATRIATION - the ines;
voluntary renunciation or abandonment
of nationality and allegiance. PROVI
 The right has been said to be a natural DED,
and inherent right of individuals. that
 The renunciation may be EXPRESS or the
IMPLIED. Filipin
 Renunciation, whether express or o
implied, cannot be lawfully done while citizen
the Philippine Republic is at war with concer
any country. ned, at
3. By deprivation the
 Deprivation exists when a person is time of
deprived of his citizenship as a sort of render
punishment. ing
 May take any of the following forms: said
a) cancellation of the service
certificates of naturalization. , or
b) cancellation of citizenship for accept
having been declared by competent ance
of said commi
commi ssion
ssion, in, the
and armed
taking forces
the of said
oath of foreign
allegia countr
nce y.
incide Upon
nt his
theret dischar
o ge
states from
that he the
does service
so of the
ONLY said
in foreign
connec countr
tion y he
with shall
his be
service autom
to said atically
foreign entitle
countr d to
y; and the full
enjoy
ment
PROVI of his
DED, civil
FINALL and
Y, with politic
refere al
nce to rights
(a) and as a
(b) the Filipin
citizen o
concer citizen.
ned 4. By release
shall  Release is VOLUNTARY in the sense that
NOT a person asks the permission of his
be country to be freed from citizenship
permi therein.
tted to  All that the citizen is required to do is to
partici renounce.
pate
or vote 5. By expiration
in any o Here, citizenship is lost in view of a long
electio stay abroad. The principle is ordinarily
n of NOT applicable to Filipinos.
the o However, if a naturalized citizen, within
Republ five years from the time he is issued the
ic of naturalization certificate, permanently
the resides in a different country, his
Philipp naturalization certificate may be
ines cancelled on this ground. This is our
during equivalent of EXPIRATION.
the
period How Philippine Citizenship May Be Lost
of his 1. By naturalization in foreign countries
service 2. By express renunciation
to, or
 3. By subscribing to an oath of allegiance to  May change from time to time
support the constitution or laws of a foreign 3. Domicile of Choice
country upon attaining twenty-one years of age  He has his home there — that to
or more: Provided, however, That a Filipino may which whenever he is absent, he
not divest himself of Philippine citizenship in intends to return
any manner while the Republic of the  A result of the VOLUNTARY WILL
Philippines is at war with any country; AND ACTION of the PERSON
4. By rendering service to, or accepting CONCERNED.
commission in the armed forces of a foreign
country; Rules for the Domicile of Origin (DOMICILIUM
5. By cancellation of the certificate of ORIGINIS)
naturalization;
6. By having been declared by competent 1. A legitimate child
authority, a deserter of the Philippine armed  is the domicile of choice of his father at
forces in time of war, unless subsequently, a the moment of the birth of the child.
plenary pardon or amnesty has been granted;  if the child is a posthumous one (born
7. In the case of a woman, upon her marriage to a after the death of the father) its domicile
foreigner, if by virtue of the laws in force in her of origin is the domicile of choice of the
husband’s country, she acquires his nationality. mother.
2. An illegitimate child
DENATURALIZATION  is the domicile of choice of the mother at
 To cancel one’s naturalization certificate for
the time of the birth of the child.
instance
3. A legitimated child
 an illegitimate child who subsequently
How citizenship may be reacquired
1. By naturalization: is granted the status of a legitimate
That the applicant possesses none of child by the process called legitimation
the disqualifications  is the domicile of the father at the time
2. By repatriation of deserters of the Army, Navy of the birth (not the legitimation) of the
or Air Corps: child.
3. By direct act of the National Assembly.  This is so because “legitimation shall
take effect from the time of the child’s
ARTICLE 50. For the exercise of civil rights and birth.”
the fulfillment of civil obligations, the domicile of 4. An adopted child
natural persons is the place of their habitual residence.
 the domicile of the real parent or the
parent by consanguinity.
DOMICILE
5. A foundling (an abandoned infant whose
 speaks of one’s permanent place of abode, in
general; parents are unknown)
 A person may be a citizen or national of one  is the country where it was found
state, without being a domiciliary thereof;
Rules for the Constructive Domicile (DOMICILIUM
 one may possess his domicile in one state
NECESARIUM)
without necessarily being a citizen, or national
thereof 1. Rules for Infants:
 Is that place where a person has certain settled, a. If legitimate
fixed, legal relations because:  the domicile of choice of the father.
 THREE KINDS OF DOMICILE  If the father is dead, the constructive
1. Domicile of Origin
domicile is the domicile of choice of the
 It is assigned to him by the law AT
mother.
THE MOMENT OF BIRTH
 The mother who contracts a
 Refers only to infants
 Can never be change subsequent marriage loses the parental
2. Constructive Domicile or Domicile By authority over her children, unless the
Operation Of Law deceased husband, father of the latter,
 It is assigned to him also by the law has expressly provided in his will that
AFTER BIRTH on account of a legal his widow might marry again, and has
disability caused for instance by ordered that in such case she should
minority, insanity, or marriage in keep and exercise parental authority
the case of a woman over their children.
 Refers to all those who lack capacity  If the widowed mother who has
to choose their own domicile: contracted a subsequent marriage
infants, married women, idiots, and should again become a widow, she shall
the insane.
recover from this moment her parental
 authority over all her unemancipated disability; consequently, she has no
children. constructive domicile.
 NOTE: It would seem, therefore, that in 3. Rules for Idiots, Lunatics, and the Insane:
our country the legitimate child follows  If they are below the age of
the domicile of whoever exercises majority
parental authority over him.  they are still considered
 NOTE: If both parents of the legitimate infants under the law; thus,
child are dead, the constructive the rules for infants are
domicile of the child will be that of the applicable to them.
parent who died later.  If they are above the age of
b. If illegitimate majority a distinction must be
 the domicile of choice of the mother made:
c. If adopted  if they have guardians over
 the domicile of choice of the adopter. their persons, they have to
d. If a ward follow the domicile of choice
 the domicile of choice of the guardian of their guardians;
(over the person of the ward).  if they have no guardians over
2. Rules for Married Women: their persons, their
a. If the marriage is VALID constructive domicile is in the
 the constructive domicile of a wife place where they had their
is the domicile of choice of her domicile of choice shortly
husband. before they became insane.
 In the following instances, among  A voluntary domicile of choice may
others, the wife may be allowed to be acquired by insane individuals if
have a separate domicile: at the time of the choice they were
1. If the husband lives abroad, in their lucid intervals.
except if living abroad is in the
Rules for Domicile of Choice Domicile of choice
service of the Republic.
2. If they are legally separated.  voluntarily chosen by a SUI JURIS — as his more
3. If the husband forcibly ejects or less permanent home — that to which,
the wife from the conjugal whenever he is absent, he intends to return.
home so that he may have illicit  “The permanent home, the place to which
relations with another. whenever absent for business or pleasure, one
4. If there is a separation de facto intends to return, and depends on facts and
of the spouses. circumstances, in the sense that they disclose
b. If the marriage is VOIDABLE intent.”
 the marriage is regarded as valid  Fundamental principles governing domicile of
until annulled; choice:
 prior to annulment the constructive 1. No natural person must ever be without a
domicile of the wife is the domicile domicile.
of choice of the husband, unless she 2. No person can have two or more domiciles
is permitted under the at the same time, except for certain
circumstances to select her own purposes and from different legal
domicile of choice. viewpoints.
 After the marriage is annulled, the 3. Every sui juris may change his domicile.
woman ceases to be a wife; hence, 4. Once acquired, it remains the domicile
being no longer under any legal unless a new one is obtained:
disability, she no longer has any a. by a capacitated person;
constructive domicile. b. with freedom of choice;
 If she decides to remain in the c. with actual physical presence in the
domicile of her former husband, place chosen;
this would be her own freely d. and a provable intent that it should be
selected domicile of choice, not her one’s fixed and permanent place of
constructive domicile. abode — one’s home — that is, there
c. If the marriage is VOID, should be “ANIMUS MANENDI” (intent
 it is as if there was no marriage, and to remain) or “ANIMUS
the “wife” is not really one. Hence, NONREVERTENDI” (intent not to return
she is not laboring under any legal to the original abode).
CHANGE and RETENTION of domicile  A man can have but one domicile for one and
the same purpose at any time, but he may have
1. For a change of domicile
numerous places of residence.
 To effect a change of domicile both the
 His place of residence generally is his place of
ACTUAL STAY and the INTENT must
domicile, but is not by any means necessarily so
concur.
since no length of residence without intention
2. For a retention of the old domicile —
of remaining will constitute domicile.
 one may retain his old domicile so long
as he resides there OR even if not, so
long as he intends to return.
ARTICLE. 51. When the law creating or
3. As Prof. Cheshire put it:
recognizing them, or any other provision does not fi x
 “Intention without residence or
the domicile of juridical persons, the same shall be
residence without intention will not
understood to be the place where their legal
suffice for the acquisition of a domicile,
representation is established or where they exercise
but will be sufficient for the retention of
their principal functions.
an existing domicile.’’
Rules for Determining the Domicile of Juridical Persons
Cannot also acquire a new domicile of choice
1. Get the domicile provided for in the law
1. Convict or a prisoner
creating or recognizing them or in their
 his domicile of choice is the one
articles of agreement.
previously possessed by him, unless he
2. If not provided for, get the place: 1) Where
deliberately makes the new locality his
their legal representation is established. 2)
permanent home, after he gets out of
Or where they exercise their principal
prison.
functions.
2. Involuntary exiles
 those compelled by the command of a Domicile of a De Facto Partnership
superior political power to abandon
 A defectively organized partnership which the
their country.
law recognizes as de facto insofar as third
 the domicile of choice is still the
persons are concerned, can possess a domicile
previously existing domicile since there
for purposes of its de facto existence.
was no freedom of choice.)
3. Soldiers Domicile of a Corporation with a Head Office and with
 Their domicile of choice is their Branches
domicile at the time of their
enlistment in the armed forces.  The domicile is where the head office is located.
4. Public officials and employees, diplomats,
and consular officers
 Their domicile of choice is therefore
their previously existing domicile,
unless they manifestly desire to
take up permanent residence in the
place of employment.

Domicile Distinguished from Residence

 Residence is more or less temporary, domicile is

more or less permanent.
 While a person can have several places of
residence, he can have generally only one
domicile.
 Residence is 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.
 A man may have a residence in one place and a
domicile in another.
 Residence is not domicile, but domicile is
residence coupled with the intention to remain
for an unlimited time.