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Conflicts of Law

The document discusses Philippine citizenship and naturalization laws. It outlines the rules for citizenship under the Philippine Constitution, including those who are citizens at the time of adoption and those born to Filipino parents. It also discusses losing or regaining citizenship. Two acts are summarized that provide the process and requirements for electing citizenship if born to a Filipino mother and for naturalizing as a citizen, including qualifications, disqualifications, and declaring intention to become a citizen.
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0% found this document useful (0 votes)
32 views22 pages

Conflicts of Law

The document discusses Philippine citizenship and naturalization laws. It outlines the rules for citizenship under the Philippine Constitution, including those who are citizens at the time of adoption and those born to Filipino parents. It also discusses losing or regaining citizenship. Two acts are summarized that provide the process and requirements for electing citizenship if born to a Filipino mother and for naturalizing as a citizen, including qualifications, disqualifications, and declaring intention to become a citizen.
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© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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You are on page 1/ 22

ASSIGNMENT FEBRUARY 23, 2021

CONFLICT OF LAW RULES

Article IV Section 1-5 Philippine Constitution

ARTICLE IV
CITIZENSHIP
Section 1. The following are citizens of the Philippines:
[1] Those who are citizens of the Philippines at the time of the adoption of this Constitution;
[2] Those whose fathers or mothers are citizens of the Philippines;
[3] Those born before January 17, 1973, of Filipino mothers, who elect Philippine citizenship upon
reaching the age of majority; and
[4] Those who are naturalized in accordance with law.
Section 2. Natural-born citizens are those who are citizens of the Philippines from birth without
having to perform any act to acquire or perfect their Philippine citizenship. Those who elect
Philippine citizenship in accordance with paragraph (3), Section 1 hereof shall be deemed natural-
born citizens.

Section 3. Philippine citizenship may be lost or reacquired in the manner provided by law.

Section 4. Citizens of the Philippines who marry aliens shall retain their citizenship, unless by their
act or omission, they are deemed, under the law, to have renounced it.

Section 5. Dual allegiance of citizens is inimical to the national interest and shall be dealt with by
law.

Commonwealth Act 625

COMMONWEALTH ACT No. 625


AN ACT PROVIDING THE MANNER IN WHICH THE OPTION TO ELECT PHILIPPINE
CITIZENSHIP SHALL BE DECLARED BY A PERSON WHOSE MOTHER IS A FILIPINO
CITIZEN

Be it enacted by the National Assembly of the Philippines:

Section 1. The option to elect Philippine citizenship in accordance with subsection (4), section 1,
Article IV, of the Constitution1 shall be expressed in a statement to be signed and sworn to by the
party concerned before any officer authorized to administer oaths, and shall be filed with the nearest
civil registry. The said party shall accompany the aforesaid statement with the oath of allegiance to
the Constitution and the Government of the Philippines.

Section 2. If the party concerned is absent from the Philippines, he may make the statement herein
authorized before any officer of the Government of the United States2 authorized to administer
oaths, and he shall forward such statement together with his oath of allegiance, to the Civil Registry
of Manila.

Section 3. The civil registrar shall collect as filing fees of the statement, the amount of ten pesos.
Page 1 of 22

Section 4. The penalty of prision correccional, or a fine not exceeding ten thousand pesos, or both,
shall be imposed on anyone found guilty of fraud or falsehood in making the statement herein
prescribed.

Section 5. This Act shall take effect upon its approval.


Approved, June 7, 1941.

Commonwealth Act No. 473


AN ACT TO PROVIDE FOR THE ACQUISITION OF PHILIPPINE CITIZENSHIP BY
NATURALIZATION, AND TO REPEAL ACTS NUMBERED TWENTY-NINE HUNDRED AND
TWENTY-SEVEN AND THIRTY-FOUR HUNDRED AND FORTY-EIGHT.

Be it enacted by the National Assembly of the Philippines:

Section 1. Title of Act. – This Act shall be known and may be cited as the "Revised Naturalization
Law.”

Section 2. Qualifications. – Subject to section four of this Act, any person having the following
qualifications may become a citizen of the Philippines by naturalization:

First. He must be not less than twenty-one years of age on the day of the hearing of the petition;

Second. He must have resided in the Philippines for a continuous period of not less than ten years;
Third. 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 his relation with the constituted government as
well as with the community in which he is living.

Fourth. He must own real estate in the Philippines worth not less than five thousand pesos,
Philippine currency, or must have some known lucrative trade, profession, or lawful occupation;

Fifth. He must be able to speak and write English or Spanish and any one of the principal Philippine
languages; and

Sixth. He must have enrolled his minor children of school age, in any of the public schools or
private schools recognized by the Office of Private Education1 of the Philippines, where the
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 as Philippine citizen.

Section 3. Special qualifications. The ten years of continuous residence required under the second
condition of the last preceding section shall be understood as reduced to five years for any petitioner
having any of the following qualifications:

Having honorably held office under the Government of the Philippines or under that of any of the
provinces, cities, municipalities, or political subdivisions thereof;
Page 2 of 22

Having established a new industry or introduced a useful invention in the Philippines;


Being married to a Filipino woman;

Having been engaged as a teacher in the Philippines in a public or recognized private school not
established for the exclusive instruction of children of persons of a particular nationality or race, in
any of the branches of education or industry for a period of not less than two years;

Having been born in the Philippines.

Section 4. Who are disqualified. - The following cannot be naturalized as Philippine citizens:
Persons opposed to organized government or affiliated with any association or group of persons
who uphold and teach doctrines opposing all organized governments;

Persons defending or teaching the necessity or propriety of violence, personal assault, or


assassination for the success and predominance of their ideas;

Polygamists or believers in the practice of polygamy;

Persons convicted of crimes involving moral turpitude;

Persons suffering from mental alienation or incurable contagious diseases;

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;

Citizens or subjects of nations with whom the United States 2and the Philippines are at war, during
the period of such war;

Citizens or subjects of a foreign country other than the United States 3whose laws do not grant
Filipinos the right to become naturalized citizens or subjects thereof.

Section 5. Declaration of intention. – One year prior to the filing of his petition for admission to
Philippine citizenship, the applicant for Philippine citizenship shall file with the Bureau of Justice4
a declaration under oath that it is bona fide his intention to become a citizen of the Philippines. Such
declaration shall set forth 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 place of residence in the Philippines at the time of making the
declaration. No declaration shall be valid until lawful entry for permanent residence has been
established and a certificate showing the date, place, and manner of his arrival has been issued. The
declarant must also state that he has enrolled his minor children, if any, in any of the public schools
or private schools recognized by the Office of Private Education5 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 as Philippine citizen. Each declarant must furnish two photographs of
himself.

Page 3 of 22

Section 6. Persons exempt from requirement to make a declaration of intention. – 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, and those who have
resided continuously in the Philippines for a period of thirty years or more before filing their
application, may be naturalized without having to make a declaration of intention upon complying
with the other requirements of this Act. To such requirements shall be added that which establishes
that the applicant has given primary and secondary education to all his children in the public
schools or in private schools recognized by the Government and not limited to any race or
nationality. The same shall be understood applicable with respect to the widow and minor children
of an alien who has declared his intention to become a citizen of the Philippines, and dies before he
is actually naturalized.

Section 7. Petition for citizenship. – Any person desiring to acquire Philippine citizenship shall file
with the competent court, a petition in triplicate, accompanied by two photographs of the petitioner,
setting forth his name and surname; his present and former places of residence; his occupation; the
place and date of his birth; whether single or married and the father of children, the name, age,
birthplace and residence of the wife and of each of the children; the approximate date of his or her
arrival in the Philippines, the name of the port of debarkation, and, if he remembers it, the name of
the ship on which he came; a declaration that he has the qualifications required by this Act,
specifying the same, and that he is not disqualified for naturalization under the provisions of this
Act; that he has complied with the requirements of section five of this Act; and that he will reside
continuously in the Philippines from the date of the filing of the petition up to the time of his
admission to Philippine citizenship. The petition must be signed by the applicant in his own
handwriting and be supported by the affidavit of at least two credible persons, stating that they are
citizens of the Philippines and personally know the petitioner to be a resident of the Philippines for
the period of time required by this Act and a person of good repute and morally irreproachable, and
that said petitioner has in their opinion all the qualifications necessary to become a citizen of the
Philippines and is not in any way disqualified under the provisions of this Act. The petition shall
also set forth the names and post-office addresses of such witnesses as the petitioner may desire to
introduce at the hearing of the case. The certificate of arrival, and the declaration of intention must
be made part of the petition.

Section 8. Competent court.—The Court of First Instance of the province in which the petitioner
has resided at least one year immediately preceding the filing of the petition shall have exclusive
original jurisdiction to hear the petition.

Section 9. Notification and appearance.—Immediately upon the filing of a petition, it shall be the
duty of the clerk of the court to publish the same at petitioner's expense, once a week for three
consecutive weeks, in the Official Gazette, and in one of the newspapers of general circulation in
the province where the petitioner resides, and to have copies of said petition and a general notice of
the hearing posted in a public and conspicuous place in his office or in the building where said
office is located, setting forth in such notice the name, birthplace and residence of the petitioner, the
date and place of his arrival in the Philippines, the names of the witnesses whom the petitioner
proposes to introduce in support of his petition, and the date of the hearing of the petition, which
hearing shall not be held within ninety days from the date of the last publication of the notice. The
clerk shall, as soon as possible, forward copies of the petition, the sentence, the naturalization
certificate, and other pertinent data to the Department of the Interior, 7 the Bureau of Justice,8 the

Page 4 of 22

Provincial Inspector9 of the Philippine Constabulary of the province and the justice of the peace10
of the municipality wherein the petitioner resides.

Section 10. Hearing of the petition.—No petition shall be heard within the thirty days preceding any
election. The hearing shall be public, and the Solicitor-General, either himself or through his
delegate or the provincial fiscal concerned, shall appear on behalf of the Commonwealth11 of the
Philippines at all the proceedings and at the hearing. If, after the hearing, the court believes, in view
of the evidence taken, that the petitioner has all the qualifications required by, and none of the
disqualifications specified in this Act and has complied with all requisites herein established, it shall
order the proper naturalization certificate to be issued and the registration of the said naturalization
certificate in the proper civil registry as required in section ten of Act Numbered Three thousand
seven hundred and fifty-three.

Section 11. Appeal.—The final sentence may, at the instance of either of the parties, be appealed to
the Supreme Court.

Section 12. Issuance of the Certificate of Naturalization.—If, after the lapse of thirty days from and
after the date on which the parties were notified of the Court, no appeal has been filed, or if, upon
appeal, the decision of the court has been confirmed by the Supreme Court,14 and the said decision
has become final, the clerk of the court which heard the petition shall issue to the petitioner a
naturalization certificate which shall, among other things, state the following: The file number of
the petition, the number of the naturalization certificate, the signature of the person naturalized
affixed in the presence of the clerk of the court, the personal circumstances of the person
naturalized, the dates on which his declaration of intention and petition were filed, the date of the
decision granting the petition, and the name of the judge who rendered the decision. A photograph
of the petitioner with the dry seal affixed thereto of the court which granted the petition, must be
affixed to the certificate.

Before the naturalization certificate is issued, the petitioner shall, in open court, take the following
oath:
"I, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . , solemnly swear that I renounce absolutely and
forever all allegiance and fidelity to any foreign prince, potentate, state or sovereignty, and
particularly to the . . . . . . . . . . . . . . . . . . of which at this time I am a subject or citizen; that I will
support and defend the Constitution of the Philippines and that I will obey the laws, legal orders and
decrees promulgated by the duly constituted authorities of the Commonwealth15of the Philippines;
[and I hereby declare that I recognize and accept the supreme authority of the United States of
America in the Philippines and will maintain true faith and allegiance thereto;16 and that I impose
this obligation upon myself voluntarily without mental reservation or purpose of evasion.
"So help me God.”

Section 13. Record books.—The clerk of the court shall keep two books; one in which the petition
and declarations of intention shall be recorded in chronological order, noting all proceedings thereof
from the filing of the petition to the final issuance of the naturalization certificate; and another,
which shall be a record of naturalization certificates each page of which shall have a duplicate
which shall be duly attested by the clerk of the court and delivered to the petitioner.

Page 5 of 22

Section 14. Fees.—The clerk of the Court of First Instance shall charge as fees for recording a
petition for naturalization and for the proceedings in connection therewith, including the issuance of
the certificate, the sum of thirty pesos.

The Clerk of the Supreme Court17 shall collect for each appeal and for the services rendered by
him in connection therewith, the sum of twenty-four pesos.

Section 15. Effect of the naturalization on wife and children.—Any woman who is now or may
hereafter be married to a citizen of the Philippines, and who might herself be lawfully naturalized
shall be deemed a citizen of the Philippines.

Minor children of persons naturalized under this law who have been born in the Philippines shall be
considered citizens thereof.

A foreign-born minor child, if dwelling in the Philippines at the time of the naturalization of the
parent, shall automatically become a Philippine citizen, and a foreign-born minor child, who is not
in the Philippines at the time the parent is naturalized, shall be deemed a Philippine citizen only
during his minority, unless he begins to reside permanently in the Philippines when still a minor, in
which case, he will continue to be a Philippine citizen even after becoming of age.

A child born outside of the Philippines after the naturalization of his parent, shall be considered a
Philippine citizen, unless one year after reaching the age of majority, he fails to register himself as a
Philippine citizen at the American Consulate of the country where he resides, and to take the
necessary oath of allegiance.

Sec. 16. Right of Widow and Children of Petitioners who have Died. – In case a petitioner should
die before the final decision has been rendered, his widow and minor children may continue the
proceedings. The decision rendered in the case shall, so far as the widow and minor children are
concerned, produce the same legal effect as if it had been rendered during the life of the petitioner.

Sec. 17. Renunciation of Title or Orders of Nobility. – In case the alien applying to be admitted to
citizenship has borne any hereditary title, or has been of any of the orders of nobility in the
Kingdom or state from which he came, he shall, in addition to the above requisites, make an express
renunciation of his title or order of nobility in the court to which his application is made, and his
renunciation shall be recorded in the court, unless with the express consent of the National
Assembly.

Sec. 18. Cancellation of Naturalization Certificate Issued. – Upon motion made in the proper
proceedings by the Solicitor-General or his representative, or by the proper provincial fiscal, the
competent judge may cancel the naturalization certificate issued and its registration in the Civil
Register:

1. If it is shown that said naturalization certificate was obtained fraudulently


or illegally.

2. If the person naturalized shall, within the five years next following the
issuance of said naturalization certificate, return to his native country or to
some foreign country and establish his permanent residence there: Provided,
Page 6 of 22

That the fact of the person naturalized remaining for more than one year in
his native country or the country of his former nationality, or two years in
any other foreign country, shall be considered as prima facie evidence of his
intention of taking up his permanent residence in the same;

3. If the petition was made on an invalid declaration of intention;

4. If it is shown that the minor children of the person naturalized failed to


graduate from a public or private high schools recognized by the Office of
Private Education of the Philippines, where Philippine history, government
and civics are taught as part of the school curriculum, through the fault of
their parents either by neglecting to support them or by transferring hem to
another school or schools. A certified copy of the decree cancelling the
naturalization certificate shall be forwarded by the clerk of the Court to the
Department of the Interior and the Bureau of Justice.

5. If it is shown that the naturalized citizen has allowed himself to be used


as a dummy requiring Philippine citizenship as a requisite for the exercise,
use or enjoyment of a right, franchise or privilege.

Section 19. Penalties for violation of this Act.—Any person who shall fraudulently make, falsify,
forge, change, alter, or cause or aid any person to do the same, or who shall purposely aid and assist
in falsely making, forging, falsifying, changing or altering a naturalization certificate for the
purpose of making use thereof, or in order that the same may be used by another person or persons,
and any person who shall purposely aid and assist another in obtaining a naturalization certificate in
violation of the provisions of this Act, shall be punished by a fine of not more than five thousand
pesos or by imprisonment for not more than five years, or both, and in the case that the person
convicted is a naturalized citizen his certificate of naturalization and the registration of the same in
the proper civil registry shall be ordered cancelled.

Section 20. Prescription.—No person shall be prosecuted, charged, or punished for an offense
implying a violation of the provisions of this Act, unless the information or complaint is filed within
five years from the detection or discovery of the commission of said offense.

Section 21. Regulation and blanks.—The Secretary of Justice shall issue the necessary regulations
for the proper enforcement of this Act. Naturalization certificate blanks and other blanks required
for carrying out the provisions of this Act shall be prepared and furnished by the Solicitor-General,
subject to the approval of the Secretary of Justice.

Section 22. Repealing clause.—Act Numbered Twenty-nine hundred and twenty-seven as amended
by Act Numbered Thirty-four hundred and forty-eight, entitled "The Naturalization Law", is
repealed: Provided, That nothing in this Act shall be construed to affect any prosecution, suit,
action, or proceedings brought, or any act, thing, or matter, civil or criminal, done or existing before
the taking effect of this Act, but as to all such prosecutions, suits, actions, proceedings, acts, things,
or matters, the laws, or parts of laws repealed or amended by this Act are continued in force and
effect.

Page 7 of 22

Section 23. Date when this Act shall take effect.—This Act shall take effect on its approval.
Approved, June 17, 1939.

Republic Act No. 9139

REPUBLIC ACT NO. 9139 June 08, 2001


AN ACT PROVIDING FOR THE ACQUISITION OF PHILIPPINE CITIZENSHIP FOR
CERTAIN ALIENS BY ADMINISTRATIVE NATURALIZATION AND FOR OTHER
PURPOSES

Be it enacted by the Senate and the House of Representatives of the Philippines in Congress
assembled:
Section 1. Short Title. - This Act shall be known as "The Administrative Naturalization Law of
2000.”

Section 2. Declaration of Policy. - The State shall control and regulate the admission and integration
of aliens into its territory and body politic including the grant of citizenship to aliens. Towards this
end, aliens born and residing in the Philippines may be granted Philippine citizenship by
administrative proceedings subject to certain requirements dictated by national security and interest.

Section 3. Qualifications. - Subject to the provisions of the succeeding section, any person desiring
to avail of the benefits of this Act must meet the following qualifications:
(a) The applicant must be born in the Philippines and residing therein since birth;
(b) The applicant must not be less than eighteen (18) years of age, at the time of filing of his/her
petition;
(c) The applicant must be of good moral character and believes in the underlying principles of the
Constitution, and must have conducted himself/herself in a proper and irreproachable manner
during his/her entire period of residence in the Philippines in his relation with the duly constituted
government as well as with the community in which he/she is living;
(d) The applicant must have received his/her primary and secondary education in any public school
or private educational institution dully recognized by the Department of Education, Culture and
Sports, where Philippine history, government and civics are taught and prescribed as part of the
school curriculum and where enrollment is not limited to any race or nationality: Provided, That
should he/she have minor children of school age, he/she must have enrolled them in similar schools;
(e) The applicant must have a known trade, business, profession or lawful occupation, from which
he/she derives income sufficient for his/her support and if he/she is married and/or has dependents,
also that of his/her family: Provided, however, That this shall not apply to applicants who are
college degree holders but are unable to practice their profession because they are disqualified to do
so by reason of their citizenship;
(f) The applicant must be able to read, write and speak Filipino or any of the dialects of the
Philippines; and
(g) The applicant must have mingled with the Filipinos and evinced a sincere desire to learn and
embrace the customs, traditions and ideals of the Filipino people.

Section 4. Disqualifications, - The following are not qualified to be naturalized as Filipino citizens
under this Act:

Page 8 of 22

(a) Those opposed to organized government or affiliated with any association of group of persons
who uphold and teach doctrines opposing all organized governments;
(b) Those defending or teaching the necessity of or propriety of violence, personal assault or
assassination for the success or predominance of their ideas;
(c) Polygamists or believers in the practice of polygamy;
(d) Those convicted of crimes involving moral turpitude;
(e) Those suffering from mental alienation or incurable contagious diseases;
(f) Those who, during the period of their residence in the Philippines, have not mingled socially
with 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 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.

Section 5. Petition for Citizenship. - (1) Any person desiring to acquire Philippine citizenship under
this Act shall file with the Special Committee on Naturalization created under Section 6 hereof, a
petition of five (5) copies legibly typed and signed, thumb marked and verified by him/her, with the
latter's passport-sized photograph attached to each copy of the petition, and setting forth the
following:
(a) The petitioner's name and surname, and any other name he/she has used or by which he/she is
known;
(b) The petitioner's present and former places of residence;
(c) The petitioner's place and date of birth, the names and citizenship of his/her parents and their
residences;
(d) The petitioner's trade, business, profession or occupation, and if married, also that of his/her
spouse;
(e) Whether the petitioner is single or married or his/her marriage is annulled. If married, petitioner
shall state the date and place of his/her marriage, and the name, date of birth, birthplace, citizenship
and residence of his/her spouse; and if his marriage is annulled, the date of decree of annulment of
marriage and the court which granted the same;
(f) If the petitioner has children, the name, date and birthplace and residences of his/her children ;
(g) A declaration that the petitioner possesses all the qualifications and none of the disqualifications
under this Act;
(h) A declaration that the petitioner shall never be a public charge; and
(i) A declaration that it is the petitioner's true and honest intention to acquire Philippine citizenship
and to renounce absolutely and forever any prince, potentate, State or sovereign, and particularly
the country of which the applicant is a citizen or subject.
(2) The application shall be accompanied by:
(a) Duplicate original or certified photocopies of petitioner's birth certificate;
(b) Duplicate original or certified photocopies of petitioner's alien certificate of registration and
native born certificate of residence;
(c) Duplicate original or certified photocopies of petitioner's marriage certified, if married, or the
death certificate of his spouse, if widowed, or the court decree annulling his marriage, if such was
the fact;
(d) Duplicate original or certified photocopies of birth certificates, alien certificate of registration or
native born certificate of residence if any, of petitioner's minor children, wherever applicable;
(e) Affidavit of financial capacity by the petitioner, and sworn statements on the good moral
character of the petitioner by at least two (2) Filipino citizens of good reputation in his/her place of
Page 9 of 22

residence stating that they have personally known the petitioner for at least a period of ten (10)
years and that said petitioner has in their own opinion all the qualifications necessary to become a
citizen of the Philippines and is not in any way disqualified under the provisions of this Act;
(f) A medical certificate that petitioner is not a user of prohibited drugs or otherwise a drug
dependent and that he/she is not afflicted with acquired immune deficiency syndrome (AIDS);
(g) School diploma and transcript of records of the petitioner in the schools he attended in the
Philippines. Should the petitioner have minor children, a certification that his children are enrolled
in a school where Philippine history, government and civics are taught and are part of the
curriculum; and
(h) If gainfully employed, the income tax return for the past three (3) years.

Section 6. Special Committee on Naturalization. - There shall be constituted a Special Committee


on Naturalization herein referred to as the "Committee", with the Solicitor General as chairman, the
Secretary of Foreign Affairs, or his representative, and the National Security Adviser, as members,
with the power to approve, deny or reject applications for naturalization as provided in this Act.
The Committee shall meet, as often as practicable, to consider applications for naturalization. For
this purpose, the chairman and members shall receive an honorarium of Two thousand pesos
(P2,000.00) and One thousand five hundred pesos (P1,500.00), respectively, per meeting attended.

Section 7. Powers/Functions of the Special Committee on Naturalization. - An alien who believes


that he has all the qualifications, and none of the disqualifications, may file an application for
naturalization with the secretariat of the Special Committee on Naturalization, and a processing fee
of Forty thousand pesos (P40,000.00). Thereafter, the petition shall be stamped to indicate the date
of filing and a corresponding docket number. Within fifteen (15) days from the receipt of the
petition, the Committee shall determine whether the petition is complete in substance and in form.
If such petition is complete, the Committee shall immediately publish pertinent portions of the
petition indicating the name, qualifications and other personal circumstances of the applicant, once
a week for three (3) consecutive weeks in a newspaper of general circulation, and have copies of the
petition posted in any public or conspicuous area. The Committee shall immediately furnish the
Department of Foreign Affairs (DFA), the Bureau of Immigration (BI), the civil registrar of the
petitioner's place of residence and tile National Bureau of Investigation (NBI) copies of the petition
and its supporting documents. These agencies shall have copies of the petition posted in any public
or conspicuous area in their buildings, offices and premises, and shall, within thirty (30) days from
the receipt of the petition, submit to the Committee a report stating whether or not petitioner has any
derogatory record on file or any such relevant and material information which might be adverse to
petitioner's application for citizenship.
If the petition is found by the Committee to be wanting in substance and form, the petition shall be
dismissed without prejudice.

Section 8. Approval or Disapproval of the Petition. - Within sixty (60) days from receipt of the
report of the agencies which were furnished a copy of the petition or the date of the last publication
of the petition, whichever comes in later, the Committee shall consider and review all relevant and
material information it has received pertaining to the petition, and may, for the purpose call the
petitioner for interview to ascertain his/her identity, the authenticity of the petition and its annexes,
and to determine the truthfulness of the statements and declarations made in the petition and its
annexes.
If the Committee shall have received any information adverse to the petition, the Committee shall
allow the petitioner to answer, explain or refute the information.
Page 10 of 22

Thereafter, if the Committee believes, in view of the facts before it, that the petitioner has all the
qualifications and none of the disqualifications required for Philippine citizenship under this Act, it
shall approve the petition and henceforth, notify the petitioner of the fact of such approval.
Otherwise, the Committee shall disapprove the same.

Section 9. Decree of Naturalization and Naturalization Processing Fee. -Within thirty (30) days
from the receipt of the notice of the approval of his/her petition, the applicant shall pay to the
Committee a naturalization fee of One hundred thousand pesos (P100,000.00) payable as follows:
Fifty thousand pesos (P50,000.00) upon the approval of the petition and Fifty thousand pesos
(P50,000.00) upon the taking of the oath of allegiance to the Republic of the Philippines, forthwith,
a certificate of naturalization shall be issued. Within sixty (60) days from the issuance of the
certificate, the petitioner shall take an oath of allegiance in the proper forum upon proof of payment
of the required naturalization processing fee and certificate of naturalization. Should the applicant
fail to take the above mentioned oath of allegiance within said period of time, the approval of the
petition shall be deemed abandoned.

Section 10. Duty of the Bureau of Immigration. - Within five (5) days after the applicant has taken
his oath of allegiance as required in the preceding section, the BI shall forward a copy of the
petitioner's oath to the proper local civil registrar. Thereafter, the BI shall cancel the alien
certificates of registration of the applicant.

Section 11. Status of Alien Wife and Minor Children. - After the approval of the petition for
administrative naturalization in cancellation of applicant's alien certificate of registration,
applicant's alien lawful wife and minor children may file a petition for cancellation of their alien
certificates of registration with the Committee subject to the payment of the filing fee of Twenty
thousand pesos (P20,000.00) and naturalization fee of Forty thousand pesos (P40,000.00) payable
as follows: Twenty thousand pesos (P20,000.00) upon the approval of the petition and Twenty
thousand pesos (P20,000.00) upon the taking of the oath of allegiance to the Republic of the
Philippines.

Section 12. Status of Alien Husband and Minor Children. - If the applicant is a married woman, the
approval of her petition for administrative naturalization will not benefit her alien husband but her
minor children may file a petition for cancellation of their alien certificates of registration with the
BI subject to the requirements of existing laws.

Section 13. Cancellation of the Certificate of Naturalization. - The Special Committee may cancel
certificates of naturalization issued under this Act in the following cases:
(a) If it finds that the naturalized person or his duly authorized representative made any false
statement or misrepresentation or committed any violation of law, rules and regulations in
connection with the petition for naturalization, or if he otherwise obtains Philippine citizenship
fraudulently or illegally, the certificate of naturalization shall be cancelled;
(b) If the naturalized person or his wife, or any or his minor children who acquire Filipino
citizenship by virtue of his naturalization shall, within five (5) years next following the grant of
Philippine citizenship, establish permanent residence in a foreign country, that individual's
certificate of naturalization or acquired citizenship shall be cancelled or revoked: Provided, That the
fact of such person's remaining for more than one (1) year in his country of origin, or two (2) years
in any foreign country, shall be considered prima facie evidence of intent to permanently reside
therein;
Page 11 of 22

(c) If the naturalized person or his wife or child with acquired citizenship allows himself or herself
to be used as a dummy in violation of any constitutional or legal provision requiring Philippine
citizenship as a condition for the exercise, use or enjoyment of a right, franchise or privilege, the
certificate of naturalization or acquired citizenship shall be cancelled or revoked; and
(d) If the naturalized person or his wife or child with acquired citizenship commits any act inimical
to national security, the certificate of naturalization or acquired citizenship shall be cancelled or
revoked.
In case the naturalized person holds any hereditary title, or belong to any order of nobility, he shall
make an express renunciation of his title or membership in this order of nobility before the Special
Committee or its duly authorized representative, and such renunciation shall be included in the
records of his application for citizenship.

Section 14. Penalties. - Any person who shall fraudulently make, falsify, forge, change, alter, or
cause or aid any person to do the same, or who shall purposely aid and assist in falsely making,
forging, falsifying, changing or altering a naturalization certificate issued under this proceeding for
the purpose of making use thereof, or in order that the same may be used by another person or
persons, and any person who shall purposely aid and assist another in obtaining a naturalization
certificate in violation of this Act, shall be punished by a fine of not more than Five hundred
thousand pesos (P500,OOO.OO) and by imprisonment for not more than five (5) years, and in the
case that the person convicted is a naturalized citizen, his certificate of naturalization shall, if not
earlier cancelled by the Special Committee, be ordered cancelled.

Section 15. Any person who failed to register his/her birth with the concerned city or municipal
civil registrar may, within two (2) years from the effectivity of this Act, file a petition for the
acquisition of the Philippine citizenship: Provided, That the applicant possesses all the
qualifications and none of the disqualifications under this Act and subject to the requirements of
existing laws.

Section 16. Special Disposition of the Filing Fee. - An amount equivalent to twenty five percent
(25%) of the filing fee to be paid by the applicants pursuant to Section 7 hereof shall accrue to the
University of the Philippines Law Center and another twenty-five percent (25%) shall be allotted
for the publication of the Journal of the House of Representatives. Said amount shall be treated as
receipts automatically appropriated.

Section 17. Implementing Rules and Regulations. - The Special Committee on Naturalization is
hereby authorized to promulgate such rules and regulations as may be needed for the proper
implementation of the provisions of this Act.

Section 18. Repealing Clause. -All provisions of existing laws, orders, decrees, rules and
regulations contrary to or inconsistent with this Act are hereby repealed or modified accordingly.

Section 19. Separability CIause. - If any part, section or provision of this Act is declared invalid or
unconstitutional, the part, section or provision not affected thereby shall continue to be in force and
effect.

Section 20. Effectivity Clause. - This Act shall take effect after fifteen (15) days following its
publication in at least two (2) newspapers of general circulation.

Page 12 of 22

Articles 14-17 Civil Code of the Philippines

Article 14. Penal laws and those of public security and safety shall be obligatory upon all who live
or sojourn in the Philippine territory, subject to the principles of public international law and to
treaty stipulations.

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.

Article 16. Real property as well as personal property is subject to the law of the country where it is
stipulated.
However, intestate and testamentary successions, both with respect to the order of succession and to
the amount of successional rights and to the intrinsic validity of testamentary provisions, shall be
regulated by the national law of the person whose succession is under consideration, whatever may
be the nature of the property and regardless of the country wherein said property may be found.

Article 17. The forms and solemnities of contracts, wills, and other public instruments shall be
governed by the laws of the country in which they are executed.
When the acts referred to are executed before the diplomatic or consular officials of the Republic of
the Philippines in a foreign country, the solemnities established by Philippine laws shall be
observed in their execution.
Prohibitive laws concerning persons, their acts or property, and those which have for their object
public order, public policy and good customs shall not be rendered ineffective by laws or judgments
promulgated, or by determinations or conventions agreed upon in a foreign country.

Articles 815-819 Civil Code of the Philippines

Article 815. When a Filipino is in a foreign country, he is authorized to make a will in any of the
forms established by the law of the country in which he may be. Such will may be probated in the
Philippines.

Article 816. The will of an alien who is abroad produces effect in the Philippines if made with the
formalities prescribed by the law of the place in which he resides, or according to the formalities
observed in his country, or in conformity with those which this Code prescribes.

Article 817. A will made in the Philippines by a citizen or subject of another country, which is
executed in accordance with the law of the country of which he is a citizen or subject, and which
might be proved and allowed by the law of his own country, shall have the same effect as if
executed according to the laws of the Philippines.

Article 818. Two or more persons cannot make a will jointly, or in the same instrument, either for
their reciprocal benefit or for the benefit of a third person.

Article 819. Wills, prohibited by the preceding article, executed by Filipinos in a foreign country
shall not be valid in the Philippines, even though authorized by the laws of the country where they
may have been executed.
Page 13 of 22

Articles 829, 1039, 1306, 1319 and 1753 Civil Code of the Philippines

Article 829. A revocation done outside the Philippines, by a person who does not have his domicile
in this country, is valid when it is done according to the law of the place where the will was made,
or according to the law of the place in which the testator had his domicile at the time; and if the
revocation takes place in this country, when it is in accordance with the provisions of this Code.

Article 1039. Capacity to succeed is governed by the law of the nation of the decedent.

Article 1306. The contracting parties may establish such stipulations, clauses, terms and conditions
as they may deem convenient, provided they are not contrary to law, morals, good customs, public
order, or public policy.

Article 1319. Consent is manifested by the meeting of the offer and the acceptance upon the thing
and the cause which are to constitute the contract. The offer must be certain and the acceptance
absolute. A qualified acceptance constitutes a counter-offer.

Article 1753. The law of the country to which the goods are to be transported shall govern the
liability of the common carrier for their loss, destruction or deterioration.

Sections 140, 146, 150 of the Revised Corporation Code

Section 140. Definition of Righs of Foreign Corporations. - For purposes of this Code, a foreign
corporation is one formed, organized or existing under laws other than those of the Philippines' and
whose laws allow Filipino citizens and corporations to do business in its own country or State. It
shall have the right to transact business in the Philippines after obtaining a license for that purpose
in accordance with this Code and certificate of authority from the appropriate government agency.

Section 146. Law Applicable. - A foreign corporation lawfully doing business in the Philippines
shall be bound by all laws, rules and regulations applicable to domestic corporations of the same
class, except those which provide for the creation, formation, organization or dissolution of
corporations or those which fix the relations, liabilities, responsibilities, or duties of stockholders,
members or officers of corporations to each other or to the corporation.

Section 150. Doing Business Without a License. - No foreign corporation transacting business in the
Philippines without a license, or its successor or assigns, shall be permitted to maintain or intervene
in any action, suit or proceeding in any court or administrative agency of the Philippines; but such
corporation may be sued or proceeded against before the Philippin courts or administrative tribunals
on any valid cause of action recognized under Philippine laws.

Articles 10, 21, 26, 35, 36, 37, 38, and 80 of the Family Code of the Philippines.

Art. 10. Marriages between Filipino citizens abroad may be solemnized by a consul-general, consul
or vice-consul of the Republic of the Philippines. The issuance of the marriage license and the

Page 14 of 22

duties of the local civil registrar and of the solemnizing officer with regard to the celebration of
marriage shall be performed by said consular official.

Art. 21. When either or both of the contracting parties are citizens of a foreign country, it shall be
necessary for them before a marriage license can be obtained, to submit a certificate of legal
capacity to contract marriage, issued by their respective diplomatic or consular officials.

Art. 26. All marriages solemnized outside the Philippines, in accordance with the laws in force in
the country where they were solemnized, and valid there as such, shall also be valid in this country,
except those prohibited under Articles 35 (1), (4), (5) and (6), 3637 and 38.

Art. 35. The following marriages shall be void from the beginning:
(1) Those contracted by any party below eighteen years of age even with the consent of parents or
guardians;
(2) Those solemnized by any person not legally authorized to perform marriages unless such
marriages were contracted with either or both parties believing in good faith that the solemnizing
officer had the legal authority to do so;
(3) Those solemnized without license, except those covered the preceding Chapter;
(4) Those bigamous or polygamous marriages not failing under Article 41;
(5) Those contracted through mistake of one contracting party as to the identity of the other; and
(6) Those subsequent marriages that are void under Article 53.

Art. 36. A marriage contracted by any party who, at the time of the celebration, was psychologically
incapacitated to comply with the essential marital obligations of marriage, shall likewise be void
even if such incapacity becomes manifest only after its solemnization. (As amended by Executive
Order 227)

Art. 37. Marriages between the following are incestuous and void from the beginning, whether
relationship between the parties be legitimate or illegitimate:
(1) Between ascendants and descendants of any degree; and
(2) Between brothers and sisters, whether of the full or half blood

Art. 38. The following marriages shall be void from the beginning for reasons of public policy:
(1) Between collateral blood relatives whether legitimate or illegitimate, up to the fourth civil
degree;
(2) Between step-parents and step-children;
(3) Between parents-in-law and children-in-law;
(4) Between the adopting parent and the adopted child;
(5) Between the surviving spouse of the adopting parent and the adopted child;
(6) Between the surviving spouse of the adopted child and the adopter;
(7) Between an adopted child and a legitimate child of the adopter;
(8) Between adopted children of the same adopter; and
(9) Between parties where one, with the intention to marry the other, killed that other person's
spouse, or his or her own spouse.

Art. 80. In the absence of a contrary stipulation in a marriage settlement, the property relations of
the spouses shall be governed by Philippine laws, regardless of the place of the celebration of the
marriage and their residence.
Page 15 of 22

This rule shall not apply:


(1) Where both spouses are aliens;
(2) With respect to the extrinsic validity of contracts affecting property not situated in the
Philippines and executed in the country where the property is located; and
(3) With respect to the extrinsic validity of contracts entered into in the Philippines but affecting
property situated in a foreign country whose laws require different formalities for its extrinsic
validity.

Article 2 of the Revised Penal Code

Article 2. Application of its provisions. - Except as provided in the treaties and laws of preferential
application, the provisions of this Code shall be enforced not only within the Philippine
Archipelago, including its atmosphere, its interior waters and maritime zone, but also outside of its
jurisdiction, against those who:
1. Should commit an offense while on a Philippine ship or airship
2. Should forge or counterfeit any coin or currency note of the Philippine Islands or obligations and
securities issued by the Government of the Philippine Islands;
3. Should be liable for acts connected with the introduction into these islands of the obligations and
securities mentioned in the presiding number;
4. While being public officers or employees, should commit an offense in the exercise of their
functions; or
5. Should commit any of the crimes against national security and the law of nations, defined in Title
One of Book Two of this Code.

Rule 4 ( Venue of actions) Section 2 Rules of Court

Section 2. Venue of personal actions. — All other actions may be commenced and tried where the
plaintiff or any of the principal plaintiffs resides, or where the defendant or any of the principal
defendants resides, or in the case of a non-resident defendant where he may be found, at the election
of the plaintiff. (2[b]a)

Rule 8 Section 6 2019 Proposed Amendments to the 1997 Rules of Civil Procedure, A.M. No.
19-10-20-SC

Section 6. Judgment. — In pleading a judgment or decision of a domestic or foreign court, judicial


or quasi-judicial tribunal, or of a board or officer, it is sufficient to aver the judgment or decision
without setting forth matter showing jurisdiction to render it. An authenticated copy of the judgment
or decision shall be attached to the pleading. (6a)

Rule 14 Sections 14, 15, 16, 17, 18, 2019 Proposed Amendments to the 1997 Rules of Civil
Procedure, A.M. No. 19-10-20-SC

Section 14. Service upon foreign private juridical entities. — When the defendant is a foreign
private juridical entity which has transacted or is doing business in the Philippines, as defined by
law, service may be made on its resident agent designated in accordance with law for that purpose,
or, if there be no such agent, on the government official designated by law to that effect, or on any
of its officers, agents, directors or trustees within the Philippines. If the foreign private juridical
Page 16 of 22

entity is not registered in the Philippines, or has no resident agent but has transacted or is doing
business in it, as defined by law, such service may, with leave of court, be effected outside of the
Philippines through any of the following means:

(a) By personal service coursed through the appropriate court in the foreign country with the
assistance of the department of foreign affairs;
(b)By publication once in a newspaper of general circulation in the country where the defendant
may be found and by serving a copy of the summons and the court order by registered mail at the
last known address of the defendant;
(c)By facsimile;
(d)By electronic means with the prescribed proof of service; or
(e)By such other means as the court, in its discretion, may direct. (12a)

Section 15. Service upon public corporations. — When the defendant is the Republic
of the Philippines, service may be effected on the Solicitor General; in case of a province, city or
municipality, or like public corporations, service may be effected on its executive head, or on such
other officer or officers as the law or the court may direct. (13a)

Section 16. Service upon defendant whose identity or whereabouts are unknown.— In any action
where the defendant is designated as an unknown owner, or the like, or whenever his or her
whereabouts are unknown and cannot be ascertained by diligent inquiry, within ninety (90) calendar
days from the commencement of the action, service may, by leave of court, be effected upon
him or her by publication in a newspaper of general circulation and in such places and for such time
as the court may order. Any order granting such leave shall specify a reasonable time, which shall
not be less than sixty (60) calendar days after notice, within which the defendant must answer. (14a)

Section 17. Extraterritorial service. — When the defendant does not reside and is not found in the
Philippines, and the action affects the personal status of the plaintiff or relates to, or the subject of
which is, property within the Philippines, in which the defendant has or claims a lien or interest,
actual or contingent, or in which the relief demanded consists, wholly or in part, in excluding the
defendant from any interest therein, or the property of the defendant has been attached within the
Philippines, service may, by leave of court, be effected out of the Philippines by personal service as
under Section 6; or as provided for in international conventions to which the Philippines is a party;
or by publication in a newspaper of general circulation in such places and for such time as the court
may order, in which case a copy of the summons and order of the court shall be sent by registered
mail to the last known address of the defendant, or in any other manner the court may deem
sufficient. Any order granting such leave shall specify a reasonable time, which shall not be less
than sixty (60) calendar days after notice, within which the defendant must answer. (15a)

Section 18. Residents temporarily out of the Philippines. — When any action is commenced
against a defendant who ordinarily resides within the Philippines, but who is temporarily out of it,
service may, by leave of court, be also effected out of the Philippines, as under the preceding
Section. (16a)

Rule 14 Sections 11 & 12, 2019 Proposed Amendments to the 1997 Rules of Civil Procedure,
A.M. No. 19-10-20-SC

Page 17 of 22

Section 11. Service upon spouses. — When spouses are sued jointly, service of summons should
be made to each spouse individually. (n)

Section 12. Service upon domestic private juridical entity. — When the defendant is a corporation,
partnership or association organized under the laws of the Philippines with a juridical
personality, service may be made on the president, managing partner, general manager, corporate
secretary, treasurer, or in-house counsel of the corporation wherever they may be found, or in their
absence or unavailability, on their secretaries.

If such service cannot be made upon any of the foregoing persons, it shall be made upon the person
who customarily receives the correspondence for the defendant at its principal office.

In case the domestic juridical entity is under receivership or liquidation, service of summons shall
be made on the receiver or liquidator, as the case may be.

Should there be a refusal on the part of the persons above-mentioned to receive summons despite at
least three (3) attempts on two (2) different dates, service may be made electronically, if allowed by
the court, as provided under Section 6 of this Rule. (11a)

Rule 39 Section 48 Rules of Court

Section 48. Effect of foreign judgments or final orders. — The effect of a judgment or final order of
a tribunal of a foreign country, having jurisdiction to render the judgment or final order is as
follows:
(a) In case of a judgment or final order upon a specific thing, the judgment or final order, is
conclusive upon the title to the thing, and
(b) In case of a judgment or final order against a person, the judgment or final order is presumptive
evidence of a right as between the parties and their successors in interest by a subsequent title.
In either case, the judgment or final order may be repelled by evidence of a want of jurisdiction,
want of notice to the party, collusion, fraud, or clear mistake of law or fact. (50a)

Rule 73 (Venue and Process) Section 1 Rules of Court

Section 1. Where estate of deceased persons settled. — If the decedents is an inhabitant of the
Philippines at the time of his death, whether a citizen or an alien, his will shall be proved, or letters
of administration granted, and his estate settled, in the Court of First Instance in the province in
which he resides at the time of his death, and if he is an inhabitant of a foreign country, the Court of
First Instance of any province in which he had estate. The court first taking cognizance of the
settlement of the estate of a decedent, shall exercise jurisdiction to the exclusion of all other courts.
The jurisdiction assumed by a court, so far as it depends on the place of residence of the decedent,
or of the location of his estate, shall not be contested in a suit or proceeding, except in an appeal
from that court, in the original case, or when the want of jurisdiction appears on the record.

Rule 77 (Allowance of Will Proved Outside of Philippines and Administration of Estate


Thereunder) Section 1 Rules of Court

Page 18 of 22

Section 1. Will proved outside Philippines may be allowed here. — Wills proved and allowed in a
foreign country, according to the laws of such country, may be allowed, filed, and recorded by the
proper Court of First Instance in the Philippines.

Rule 92 (Venue) Section 1 of the Rules of Court

Section 1. Where to institute proceedings. — Guardianship of a person or estate of a minor or


incompetent may be instituted in the Court of First Instance of the province, or in the justice of the
peace court of the municipality, or in the municipal court chartered city where the minor or
incompetent persons resides, and if he resides in a foreign country, in the Court of First Instance of
the province wherein his property or the party thereof is situated; provided, however, that where the
value of the property of such minor or incompetent exceeds that jurisdiction of the justice of the
peace or municipal court, the proceedings shall be instituted in the Court of First Instance.
In the City of Manila the proceedings shall be instituted in the Juvenile and Domestic Relations
Court.

Rule 131 Section 3 2019 amendments to the 1989 Revised Rules on Evidence

Section 3. Disputable presumptions. – The following presumptions are satisfactory if


uncontradicted, but may be contradicted and overcome by other evidence:

(a) That a person is innocent of crime or wrong;


(b) That an unlawful act was done with an unlawful intent;
(c) That a person intends the ordinary consequences of his or her voluntary act;
d) That a person takes ordinary care of his or her concerns;
(e) That evidence willfully suppressed would be adverse if produced;
(f) That money paid by one to another was due to the latter;
(g) That a thing delivered by one to another belonged to the latter;
(h) That an obligation delivered up to the debtor has been paid;
(i) That prior rents or installments had been paid when a receipt for the later one is produced;
(j) That a person found in possession of a thing taken in the doing of a recent wrongful act is the
taker and the doer of the whole act; otherwise, that things which a person possesses, or exercises
acts of ownership over, are owned by him or her;
(k) That a person in possession of an order on himself or herself for the payment of the money, or
the delivery of anything, has paid the money or delivered the thing accordingly;
(l) That a person acting in a public office was regularly appointed or elected to it;
(m) That official duty has been regularly performed;
(n) That a court, or judge acting as such, whether in the Philippines or elsewhere, was acting in the
lawful exercise of jurisdiction;
(o) That all the matters within an issue raised in a case were laid before the court and passed upon
by it; and in like manner that all matters within an issue raised in a dispute submitted for arbitration
were laid before the arbitrators and passed upon by them;
(p) That private transactions have been fair and regular;
(q) That the ordinary course of business has been followed;
(r) That there was a sufficient consideration for a contract;
(s) That a negotiable instrument was given or indorsed for a sufficient consideration;

Page 19 of 22

(t) That an indorsement of a negotiable instrument was made before the instrument was overdue
and at the place where the instrument is dated;
(u) That a writing is truly dated;
(v) That a letter duly directed and mailed was received in the regular course of the mail;
w) That after an absence of seven [(7)] years, it being unknown whether or not the absentee still
lives, he or she is considered dead for all purposes, except for those of succession.

The absentee shall not be considered dead for the purpose of opening his or her succession until
after an absence of ten [(10)] years. If he or she disappeared after the age of seventy- five [(75)]
years, an absence of five [(5)] years shall be sufficient in order that his or her succession may be
opened.

The following shall be considered dead for all purposes including the
division of the estate among the heirs:

(1) A person on board a vessel lost during a sea voyage, or an aircraft which
is missing, who has not been heard of for four [(4)] years since the loss of
the vessel or aircraft;

(2) A member of the armed forces who has taken part in armed hostilities,
and has been missing for four [(4)] years;

(3) A person who has been in danger of death under other circumstances
and whose existence has not been known for four [(4)] years; and

(4) If a married person has been absent for four [(4)] consecutive years, the
spouse present may contract a subsequent marriage if he or she has a well-
founded belief that the absent spouse is already dead. In case of
disappearance, where there is a danger of death[, under] the circumstances
hereinabove provided, an absence of only two [(2)] years shall be sufficient
for the purpose of contracting a subsequent marriage. However, in any case,
before marrying again, the spouse present must institute summary
proceeding[s] as provided in the Family Code and in the rules for
declaration of presumptive death of the absentee, without prejudice to the
effect of reappearance of the absent spouse[;]

(x) That acquiescence resulted from a belief that the thing acquiesced in was conformable to the
law or fact;
(y) That things have happened according to the ordinary course of nature and ordinary nature habits
of life;
(z) That persons acting as copartners have entered into a contract of copartnership;
(aa) That a man and woman deporting themselves as husband and wife have entered into a lawful
contract of marriage;
(bb) That property acquired by a man and a woman who are capacitated to marry each other and
who live exclusively with each other as husband and wife, without the benefit of marriage or under
a void marriage, has been obtained by their joint efforts, work or industry;
(cc) That in cases of cohabitation by a man and a woman who are not capacitated to marry each
other and who have acquired property through their actual joint contribution of money, property or
Page 20 of 22












industry, such contributions and their corresponding shares, including joint deposits of money and
evidence of credit are equal;
(dd) That if the marriage is terminated and the mother contracted another marriage within three
hundred [(300)] days after such termination of the former marriage, these rules shall govern in the
absence of proof to the contrary:

(1) A child born before one hundred eighty (180) days after the
solemnization of the subsequent marriage is considered to have been
conceived during [the former] marriage, [provided] it be born within the
three hundred [(300)] days after the termination of the former marriage; and

(2) A child born after one hundred eighty (180) days following the
celebration of the subsequent marriage is considered to have been conceived
during such marriage, even though it be born within the three hundred
[(300)] days after the termination of the former marriage[;]

(ee) That a thing once proved to exist continues as long as is usual with things of that nature;(
ff) That the law has been obeyed;
(gg) That a printed or published book, purporting to be printed or published by public authority, was
so printed or published;
(hh) That a printed or published book, purporting to contain reports of cases adjudged in tribunals
of the country where the book is published, contains correct reports of such cases;
(ii) That a trustee or other person whose duty it was to convey real property to a particular person
has actually conveyed it to him or her when such presumption is necessary to perfect the title of
such person or his or her successor in interest;
(jj) That except for purposes of succession, when two [(2)] persons perish in the same calamity,
such as wreck, battle, or conflagration, and it is not shown who died first, and there are no particular
circumstances from which it can be inferred, the survivorship is determined from the probabilities
resulting from the strength and the age of the sexes, according to the following rules:

If both were under the age of fifteen [(15)] years, the older is deemed to
have survived;

If both were above the age of sixty [(60)], the younger is deemed to have
survived;

If one is under fifteen [(15)] and the other above sixty [(60)], the former is
deemed to have survived;

If both be over fifteen [(15)] and under sixty [(60)], and the sex be different,
the male is deemed to have survived, if the sex be the same, the older; and

If one be under fifteen [(15)] or over sixty [(60)], and the other between
those ages, the latter is deemed to have survived;

Page 21 of 22




















(kk) That if there is a doubt, as between two [(2)] or more persons who are called to succeed each
other, as to which of them died first, whoever alleges the death of one prior to the other, shall prove
the same; in the absence of proof, they shall be considered to have died at the same time.

Page 22 of 22

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