citizenship, domicile, marriage

7/29/2019 Citizenship, Domicile, Marriage

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There is much terminological confusion in the study of citizenship statuses and laws. While public internationallaw uses the term nationality to refer to the legal bondbetween an individual and a sovereign state, severaldomestic laws use the term citizenship or its equivalent.In some states, a distinction is made betweennationality as a status independent of residence andcitizenship as a bundle of rights granted only tonationals residing in the territory.

In most European languages, the term nationality canalso refer to individual membership in a nation as acultural, ethnic and historic community rather than alegal entity. Sometimes, nationality is also contrastedwith nation when distinguishing dominant nationalgroups from national minorities.

The concept of citizenship, too, has a broad range of

meanings that stretch beyond its core as a legal status.

In various academic literatures, citizenship

presupposes the existence of democratic

institutions of government and refers to a bundle of

legal or moral rights and obligations or to individualand collective forms of participation in the public

realm. While we acknowledge the importance of linking

the literatures on citizenship as a legal status to these

broader sociological and normative debates, we limit our

use of the concept to its legal core meaning.

DOMICILE •A minor follows the domicile of his parents•Domicile of origin can only be lost and a change of domicile occurs when the following requisites arepresent:

1. an actual removal or an actual change of domicile;

2. a bona fide intention of abandoning the former place of residence establishing a new one; and

3. acts which correspond with the purpose.•The husband and the wife shall fix thefamily domicile. In case of disagreement, thecourt shall decide.

Requirements for the acquisition of new domicile: 1. Bodily presence in a new locality2. Intention to remain therein (animus manendi )3. Intention to abandon the old domicile (animus nonrevertendi )

Kinds of Domicile 1. Domicile of origin – received by a person at birth2. Domicile of choice – the place freely chosen by aperson sui juris3. Constructive domicile – assigned to a child by law atthe time of his birth

CITIZENSHIP In the Philippine jurisdiction, what is followed is theconcept of jus sanguinis (citizenship by blood) asopposed to jus soli (citizenship by place of birth)

Jus Soli

- Law the principle that a person's nationality at

birth is determined by the territory within which

he was born Compare jus sanguinis

- is a right by which nationality or citizenship can

be recognized to any individual born in the

territory of the related state.

Jus Sanguinis

- is asocial policy by which citizenship is not

determined by place of birth but by having one

or both parent who are citizens of the nation.

- Legal rule that a person's citizenship is

determined by that of his or her parents (by

'blood').

MARRIAGE is:

1. a special contract

2. of permanent union

3. between a man or a woman

4. entered into accordance with law

5. for the establishment of conjugal and family life

ESSENTIAL REQUISITES OF MARRIAGE: 1. Legal capacity of contracting parties2. Consentfreely given in the presence of the solemnizing officer

FORMAL REQUISITES OF MARRIAGE: ALC

1. Authority of solemnizing officer 2. Valid marriage license (except in cases where amarriage license is not required),valid only for 120days from issue in any part of the Philippines

3. Marriage ceremony where the contracting partiesappear before the solemnizing officer, with their personal declaration that they take each other ashusband and wife in the presence of not less thantwo witnesses of legal age

EFFECTS: 1. Absence of essential or formal requisites –

void ab initioExcept:If the marriage is solemnized by unauthorizedperson, the marriage will still be valid if either or both contracting parties believed in good faiththat the solemnizing officer had legal authority[Article 35(2)]

2. Defect in any of the essential requisites – voidable

3. Irregularity in any of the formal requisites – does not affect the validity of

4. the marriage but will make the party responsiblecivilly, criminally, or administratively liable

AUTHORIZED SOLEMNIZING OFFICERS:JPCCCM

1. Incumbent member of the judiciary within thecourt’s jurisdiction

2. Duly authorized priest rabbi, imam or theminister of any church or religious sect

3. Ship captain or airplane chief • Can solemnize marriages only inarticulo mortis between passengers or crewmembers while the ship is at sea or theplane is in flight and also during stop over atports of call

4. Military commander of a unit to which a captainis assigned• Can solemnize marriage only if it is in articulo

mortis between persons with in the zone of military operations whether members of thearmed forces or civilians and only in theabsence of the chaplain

5. Consul-general, consul or vice-consul• Can solemnize marriage between Filipinosabroad

6. Mayor (Local Government Code of 1991)

CHAPTER 3: MARRIAGE EXEMPT FROMLICENSEREQUIREMENTS:



1. Marriage in articulo mortis

2. If the residence of either party is so located that thereis no means of transportation to enable such party toappear personally before the civil registrar

3. Marriage solemnized outside the Philippines whereno marriage license is required by the country where itwas solemnized

4. Marriage among Muslims or among members of ethnic cultural communities in accordance with their customs

5. Marriage between persons who have lived together ashusband and wife for at least five years and without anylegal impediment to marry each other.

- The 5-year period is to be computed on thebasis of cohabitation as husband and wife wherethe only missing factor is the marriage contractto validate the union. This 5-year period shouldbe the years immediately before the day of themarriage and it should be a period of

cohabitation characterized by exclusivity –meaning no third party was involved at any timewithin the 5 years and continuity that isunbroken

-Requisites: 1. Man and woman must have been livingtogether as husband and wife for at leastfive years before marriage2. The parties must have no legalimpediment to marry each other 3. The fact of absence of legal impedimentbetween the parties must be present at the

time of marriage4. The parties must execute an affidavitstating that they have lived together for atleast five years [and are without legalimpediment to marry each other]5. The solemnizing officer must execute asworn statement that he had ascertained thequalifications of the parties and that he hadfound no legal impediment to their marriage

AUTHORIZED VENUES FOR MARRIAGE General Rule: Must be solemnized publicly, and notelsewhere, in the:

1. Chambers of the judge or in open court2. Church, chapel or temple3. Office of consul-general, consul or vice-consul

Exceptions: 1. Marriage at the point of death ( articulo mortis )2. Marriage in remote places3. Marriage at ahouse or place designated by the parties in asworn statement upon their written request tothe solemnizing officer

(1) Citizens of the Philippines under the 1973

Constitution

(a) Those who are citizens of the Philippines at the time

of the adoption of the Constitution.

(b) Those whose fathers or mothers are citizens of the

Philippines.

(c) Those who elect Philippine citizenship pursuant to

the provisions of the Constitution of nineteen hundred

and thirty-five.

(d) Those who are naturalized in accordance with law.

(Art. III, Sec. 1).

(2) Citizens of the Philippines under the 1987

Constitution

The following are citizens of the Philippines:

(a) Those who are citizens of the Philippines at the time

of the adoption of this Constitution;

(b) Those whose fathers or mothers are citizens of the

Philippines;

(c) Those born before Jan. 17, 1973, of Filipino mothers,

who elect Philippine citizenship upon reaching the age of

majority; and

(d) Those who are naturalized in accordance with law.

(Art. IV, Sec. 1).

(3) Citizens at the Time of the Adoption of the 1935

Constitution (May 14, 1935)

The following were the citizens of the Philippines at the

time of the adoption of the Philippine Constitution on

May 14, 1935:

(a) Persons born in the Philippines who resided therein

on Apr. 11, 1899, and were Spanish subjects on that

date, unless they had lost their citizenship on or before

the adoption of the Philippine Constitution on May 14,

1935 (as inferred from the Philippine Bill of 1902, the

Jones Law, and the Philippine Constitution itself);

(b) Natives of Peninsular Spain who resided in the

Philippines on Apr. 11, 1899, and who did not declare

their intention of preserving their Spanish nationality

between that date and Oct. 11, 1900, unless they had

lost their citizenship by May 14, 1935 (as inferred from

the Philippine Bill of 1902, the Jones Law, and the

Philippine Constitution);

(c) Spanish naturalized citizens (subjects who resided in

the Philippines on Apr. 11, 1899, and who did not

declare their intention of preserving their Spanish

nationality between that date and Oct. 11, 1900, unless

they had lost their citizenship by May 14, 1935. Carlos

Palanca v. Republic of the Philippines, L-301, Apr. 7,

1948, and the 1935 Constitution);

(d) Children born of (1), (2), and (3) subsequent to Apr.

11, 1899, unless they had lost their citizenship by May

14, 1935 (Phil. Bill of 1902, Jones Law of 1916, and the

1935 Constitution);

(e) Persons who became naturalized citizens of the

Philippines in accordance with the formal procedure set

forth in the Naturalization Law since its enactment on

March 22, 1920, unless they had lost their citizenship by

May 14, 1935 (by inference from the Naturalization Law

and the Philippine Constitution);

(f) Children of persons embraced under No. 5, unless

they had lost their citizenship by May 14, 1935;

(g) Filipino women who, after having lost Philippine

citizenship by marriage to foreigners, had subsequently

become widows and regained Philippine citizenship on



or before May 14, 1935 (Roa v. Collector of Customs, 23

Phil. 321; Talaroc v. Uy, L-5397, Sep. 25, 1952);

(h) Children of No. (4) who were still under 21 years of

age at the time their mothers regained Philippine

citizenship (Roa v. Collector, supra; Talaroc v. Uy,

supra.);

(i) Foreign women who married Filipino citizens on or

before May 14, 1935, provided that they themselvescould be lawfully naturalized, and provided further that

they had not lost Philippine citizenship by May 14, 1935

(See Sec. 13[a] of Act 3448, amended);

(j) All other persons born in the Philippines who on the

strength of the erroneous recognition of the ―jus soli‖

doctrine in the Roa case were mistakenly declared by

the courts to be Filipino citizens, unless they had lost

their citizenship by May 14, 1935. (See Tan Chong v.

Sec. of Labor, L-47616, Sep. 16, 1947; Talaroc v. Uy, L-

5397, Sep. 26, 1952).

(4) Citizens By Virtue of Having Been Elected To a

Public Office in the Philippines

The law says: ―Those born in the Philippines of foreign

parents who, before the adoption of the Philippine

Constitution, had been elected to a public offi ce in the

Philippines.’’ (Art. IV.Sec. 1, No. 2, 1935 Constitution;

Art. 48, No. 2, Civil Code).

[NOTE: This proviso has been eliminated in the 1973

and 1987 Constitutions. It is understood, however, that

those falling under No. 2 of the 1935 Constitution maynow be classifi ed under No. 1 of the 1973 Constitution.].

(a) This provision does not rely on jus soli exclusively,

service should have been rendered.

(b) If ―born OUTSIDE the Philippines,‖ the article does

not apply.

(c) If ―appointed‖ and not ―elected,‖ the article does not

apply

(d) If ―private‖ instead of ―public‖ offi ce, the article does

not apply.

(5) Children of Filipino Fathers

(a) This paragraph enunciates the principle of JUS

SANGUINIS.

(b) The rule applies whether the mother is a Filipino or

not; and whether the child is born in the Philippines or

outside.

(c) The rule certainly is applicable if the father is a

natural born Filipino citizen; does it also apply if thefather is a naturalized Filipino?

To answer this question, let us first examine the

pertinent provisions of the Naturalization Law on the

matter. Sec. 15 of the law says:

―1. Minor children of persons naturalized under this law

who have been born in the Philippines shall be

considered citizens thereof.’’

―2. A foreign-born minor child, if dwelling in the

Philippines at the time of 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

resides permanently in the Philippines when still a minor,

in which case he will continue to be a Philippine citizen

even after becoming of age.’’

(6) Children of Filipino Mothers

(a) Provision of the 1935 Constitution — ―Those whose

mothers are citizens of the Philippines and upon

reaching the age of majority elect Philippine citizenship.’’

(Art. IV, Sec. 1[4], 1935 Constitution).

(b) Requisites under the 1935 Constitution

1) The father here must not be a Filipino citizen,

otherwise, another provision (already discussed)

applies;

2) The mother must be a Filipino citizen;

3) Upon reaching the age of majority, the child,

to be a Filipino, must elect Philippine citizenship.

(7) Naturalized Filipino Citizens

Under Art. 49 of the Civil Code, ―naturalization and the

loss and reacquisition of citizenship of the Philippines

are governed by special laws.‖ Our Naturalization Law is

Com. Act 473, as amended by Rep. Act 530. Loss and

reacquisition of Philippine citizenship are governed by

Com. Act 63, as amended. In the 1987 Constitution, we

have the following provisos:

(a) Among the citizens of the Philippines are ―[T]hose

who are naturalized in accordance with law.‖ (Art. IV,

Sec. 1[4], 1987 Constitution).

(b) ―Philippine citizenship may be lost or reacquired in

the manner provided by law.‖ (Art. IV, Sec. 3, 1987

Constitution).

Art. 49. Naturalization and the loss and reacquisition

of citizenship of the Philippines are governed by

special laws. (n)

‘Naturalization’ Defined

Naturalization is the process of acquiring the citizenship

of another country.

(a) In the strict sense, it is a judicial process,

where formalities of the law have to be complied

with, including a judicial hearing and approval of

the petition.

(b) In the loose and broad sense, it may mean

not only the judicial process but also the

acquisition of another citizenship by such acts

as marriage to a citizen, and the exercise of the

option to elect a particular citizenship.

Attributes of Naturalization



(a) Citizenship is not a right, it is a privilege. Thus, to

acquire Philippine citizenship by naturalization is merely

a privilege granted to certain aliens under certain

conditions. ―The Naturalization Law grants to aliens the

privilege of obtaining Philippine citizenship under certain

conditions; the conditions must be complied with.‖

Petitions for naturalization involve public interest; hence,

even if objections to a defective petition had not been

raised in the trial court, the higher tribunal may subjectthe entire records of the case to scrutiny. Naturalization

being a privilege and not a right, the burden is on the

applicant to show clearly that he has complied with every

condition that the law imposes.

(b) The requisite conditions for naturalization are laid

down by Congress; courts cannot change or modify

them.

(c) Only foreigners may be naturalized. If the petitioner

turns out to be already a Filipino, the petition for

naturalization as such must be turned down.

(d) Just as a State may denationalize its own citizens, so

may naturalization be revoked, by the cancellation of the

certificate of naturalization. In this sense, a final

judgment for naturalization can never be truly final.

(e) Naturalization demands allegiance to our

Constitution, laws, and government. (Sec. 11,

Commonwealth Act 473, as amended.

*** Republic Act No. 8171, approved 23 October 1995,

provided a mechanism allowing Filipino women who

have lost their Philippine citizenship by marriage to

aliens and natural-born Filipinos who have lost their

Philippine citizenship, including their minor children, on

account of political or economic necessity, to reacquire

Philippine citizenship.

Republic Act No. 9225, approved 29 August 2003,

provided that all Philippine citizens who become citizens

of another country shall be deemed not to have lost their

Philippine citizenship. It further states that natural-born

citizens of the Philippines who have lost their Philippine

citizenship by reason of their naturalization as citizens of

a foreign country are hereby deemed to have re-

acquired Philippine citizenship upon taking an oath of

allegiance to the Republic, and that their children

whether legitimate, illegitimate or adopted, below

eighteen (18) years of age, shall be deemed citizens of

the Philippines

citizenship, domicile, marriage

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