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CHAPTER I

EFFECT AND APPLICATION OF LAWS



Art. 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. (8a)
Art. 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. (9a)
Art. 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. (10a)
Art. 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. (11a)





Nationality Law private law of the state, which the decedent was a citizen.
Domiciliary Principle The status or condition of a person and the relation in which he
stands to other persons are fixed by the law of domicile, and that the status so fixed is
recognized and upheld in every other state, so far as is consistent with its own laws and
policies. Personal law which follows him in his travels and determines some of his
important interests.
Citizenship synonymous with nationality. Status of being a citizen of a state who
owes allegiance to the state and is entitled to its protection and to the enjoyment of
civil and political rights.
Article IV of the 1987 Constitution
Sec. 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 17 Jan. 1973, of Filipino mothers, who elect Philippine
citizenship upon the age of majority; and
4. Those who are naturalized in accordance with law.
Modes of Acquiring Philippine Citizenship
1. Jus Sanguinis acquisition of citizenship on the basis of blood relationship,
pursuant to which a child follows the nationality or citizenship of the parents
regardless of the place of his/her birth. (Natural Born)
2. Naturalization acquisition of Philippine citizenship in accordance with the
nationalization law of the country or by an act of Congress adopting an alien and
clothing him with the privileges of a citizen. (Naturalized)
Natural-Born Citizens
(Sec. 2 of Art. IV of the 1987 Philippine Constitution)
- Are those who are citizens of the Philippines from birth without having to perform
any act to acquire or perfect their Philippine citizenship.
Dual Citizenship
- Status of a person who is a citizen of two or more countries at the same time.
- Arises as a result of the concurrent application of the different laws of two or more
states, a person is simultaneously considered a national by the said states.
- When a person whose parents are citizens of a state which adheres to the principle
of Jus Sanguinis is born in a state which follows the doctrine of Jus Soli.
Instances of Dual Citizenship
1. Those born of Filipino fathers and/or mothers in foreign countries, which follow
the principle of Jus Soli.
2. Those born in the Philippines of Filipino mothers and alien fathers, if by laws of
their fathers country such citizen are citizens of that country; and
3. Those who marry aliens if by the laws of the latters country the former are
considered citizens, unless by their act or omission

RA 9225 Citizenship Retention and Re-acquisition Act of 2003.
Dual Allegiance situation in which a person simultaneously owe, by some positive
act, loyalty to two or more sttes.
Dual Citizenship is involuntary, while Dual Allegiance is the result of individuals
volition.
Re-acquisition of Filipino Citizenship
1. By direct act of Congress;
2. By naturalization; or
3. Administrative repatriation.

3 Ways by which an Alien may Become a Citizen by Naturalization
1. Administrative Naturalization; RA 9139
- aliens who are born and residing in the Philippines
2. Judicial Naturalization CA No. 473
3. Legislative naturalization law organized by Congress.
Domicile That place where a man has his true, fixed and permanent home and
principal establishment, and to which whenever he is absent he has the intention of
returning. Animus Manendi intention of returning there permanently.
Article 50, Civil Code
For the exercise of civil rights and the fulfillment of civil obligations, the domicile of
natural persons is the place of their habitual residence.
Residence - place of abode (permanent/temporary)