Title II. Citizenship and Domicile

Question 1

In Civil Law and Private International Law, is citizenship different from nationality?

Answer 1

No.

Citizenship and nationality are possessed of the same meaning that is the status of being a citizen, or of owing allegiance to a certain state for the privilege of being under its protection.

Question 2

What are the three (3) kinds of citizens? Briefly describe each.

Answer 2

The three (3) kinds of citizens are:

1. Natural-born - those who are citizens of the Philippines from birth without having to perform any act to acquire or perfect their Philippine citizenship.
2. Naturalized - citizens who become such through judicial proceedings.
3. Citizens by election - citizens who become such by exercising the option to elect a particular citizenship, usually within a reasonable time after reaching the age of majority.

Question 3

Describe the theory of jus soli.

Answer 3

Jus soli states that if born in a country, a person is a citizen of the same. (This is not applied in the Philippines today).

Question 4

Describe the theory of jus sanguinis.

Answer 4

Jus sanguinis states that one follows the citizenship of his parents; this citizenship is by blood. (This is the rule followed in the Philippines)

Question 5

What is the effect of opinion of the Secretary of Justice on one’s citizenship?

Answer 5

The opinion, declaring a person to be a Filipino citizen, does not have a controlling effect on the Court.

Question 6

How statelessness may be brought about? (4)

Answer 6

A person may become stateless by any of the following:

1. He may have been deprived of his citizenship for any cause, such as the commission of a crime.
2. He may have renounced his nationality by certain acts, express or implied.
3. He may have voluntarily asked for a release form his original state.
4. He may have been born in a country which recognized only the principle of jus sanguinis of parents whose law recognizes only the principle of jus soli.

Question 7

What shall be the personal law of stateless individuals?

Answer 7

The Hague Conference of 1928 on International Private Law suggested that the personal law of stateless individuals shall be:

1. The law of the domicile (habitual residence); or
2. The law of the place of temporary residence.

Question 8

Suppose the deceased had no nationality or citizenship, what law should govern the rights to his/her succession?

Answer 8

The law of the domicile shall govern the rights to the succession of a person in case he/she had no nationality or citizenship.

Question 9

Has the Commissioner of Immigration the power to determine the validity of a marriage?

Answer 9

Yes. The Commissioner of Immigration has the power to determine the validity of a marriage for the purpose of deporting aliens.

Question 10

What is the primary purpose of the Constitutional provision disqualifying aliens from acquiring lands of the public domain and private lands?

Answer 10

The primary purpose is the conservation of the national economy. (Muller v. Muller, 500 SCRA 65).

Question 11

Who are citizens of the Philippines under the 1987 Constitution?

Answer 11

The following are citizens of the Philippines:

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 born before Jan. 17, 1973, of Filipino mothers, who elect Philippine citizenship upon reaching the age of majority. [Those who elect Philippine citizenship pursuant to the provisions of the 1935 Constitution (1973 Constitution)].
d. Those who are naturalized in accordance with the law.

Art. IV, Sec. 1, 1987 Constitution

Question 12

What is naturalization?

Answer 12

Naturalization is the process of acquiring the citizenship of another country. It is a judicial process, where formalities of the law have to be complied with, including a judicial hearing and approval of the petition.