PERSONS

HUMAN RELATIONS
Articles 19 - 36

Art. 19. Every Person must, in the exercise of his rights

and in the performance of his duties, act with justice,
give everyone his due, and observe honesty and good
faith.

Article 19 : Abuse of Rights Doctrine

o Article 19: Rule of conduct that is
consistent
with
an
orderly
and
harmonious relationship between and
among men and women.
o When a person does not conform, a legal
wrong is committed and the wrongdoer
must be held responsible
o Principle of Abuse of Rights (Albenson
Enterprises Corp., vs. CA)
There is a legal right or duty
Which is exercised in Bad Faith
For the sole intention of prejudicing
or injuring another
o Set certain standards which may be
observed not only in the exercise of ones
rights but also in the performance of
ones duties
To act with justice
To give everyone his dues
To observe honesty and good faith
o Honesty careful regard for others right
and property

Good Faith honest intention to avoid

undue advantage of another
Bad faith does not simply connote bad
judgment or negligence; it imparts a
dishonest purpose or some moral
obliquity and conscious doing of wrong.
Malice connotes ill-will or spite and
speaks not in response to duty. It implies
an
intention
to
do
ulterior
and
unjustifiable harm.

Art. 20. Every person who, contrary to law, willfully or

negligently causes damage to another, shall indemnify
the latter for the same.

Article 20: speaks of the general sanction for all

other provisions of law which do not especially
provide their own sanction; indemnification of
another due to illegal acts
o Whoever by act or omission causes
damage to another, there being fault or
negligence, is obliged to pay for the
damage done. (Art. 2176, Civil Code).

Art. 21. Any person who willfully causes loss or injury

to another in a manner that is contrary to morals, good
customs or public policy, shall compensate the latter
for the damage.

Designed to fill in the countless gaps in the

statutes, which leave so many victims of moral
wrongs helpless, even though they have
actually suffered material and moral injury;
indemnification due to immoral acts
o Deals with acts Contra Bonus Mores, and
has the following elements:
There is an act which is legal
But which is contrary to morals,
good customs, public order, or
public policy
And it is done with intent to injure
Breach of Promise to marry
o If theres carnal knowledge; may ask
indemnity for:
Actual damages for expenses in
wedding preparation
Ask to recognize the child should
there be one
Moral damages
o If theres carnal knowledge; may ask
indemnity for:
Actual
Moral
Exemplary
Nominal damages are granted for the
vindication or recognition of a right violated or
invaded, and not for the purpose of
indemnifying the plaintiff for any loss suffered
by him.
Violenti non fit injuria A person who knows and
comprehends the peril and voluntarily exposes
himself or herself to it, although not negligent in

doing so, is regarded as engaging in Assumption

of the Risk and is precluded from a recovery for
an injury ensuing therefrom.
Damnum absque injuria If damage results from
a person exercising his legal right
Art. 19 and 21 the act must be intentional
Art. 20 act may be done either willfully or
negligently
Pari delicto in equal fault; in a similar offense
or crime; equal in guilt or in legal fault.

Art. 22. Every person who through an act of

performance by another, or any other means, acquires
or comes into possession of something at the expense
of the latter without just or legal grounds, shall return
the same to him.

Concept of Restoration;
Prevention of Unjust Enrichment
o Nemo cum allterius detriment protest
No person should unjustly enrich
himself at the expense of another
o Nemo ex alterius incommode debet
lecupletari
No man ought to be made rich out
of anothers injury
Essential Requisites of an Accion in Rem Verso
o One party must be enriched and the other
made poorer;
o There must be a casual relation between
the two;
o The enrichment must not be justifiable;
o There must be no other way to recover ;

The indemnity cannot exceed the loss or

enrichment whichever is less.

the instance of any governmental or private charitable

institution.

Art. 23. Even when an act or event causing damage to

anothers property was not due to the fault or
negligence of the defendant, the latter shall be liable
for indemnity if through the act or event he was
benefited.

Unless there is a duty to indemnify, unjust

enrichment will occur.

Art. 26. Every person shall respect the dignity,

personality, privacy, and peace of mind of his
neighbors and other persons. The following and similar
acts, though they may not constitute a criminal
offense, shall produce a cause for damage, prevention,
and other relief:

Art. 24. In all contractual, property, or other relations,

when one of the parties is at a disadvantage on
account of his moral dependence, ignorance,
indigence, mental weakness, tender age or other
handicap, the courts must be vigilant for his
protection.

Extravagance During Emergency

o The law seeks to prevent inconsiderate
and ostentatious activities during times of
emergency
o Entities with legal standing: Government
and Private Charitable institutions.

1. Prying into the privacy anothers residence;

2.
Meddling with or disturbing the private life
or family relations of another;
3. Intriguing to cause another to be alienated
from his friends;
4. Vexing or humiliating another on account of
his religious beliefs, lowly station in life, place
of birth, physical defect, or other personal
condition.

Court Vigilance
o The courts must render justice, and
therefore, they must be very vigilant in
protecting the rights of the party that is
on a disadvantage with the end view that
rulings should be made in consonance
with what is right and legal
o Disadvantage must be take on a case-tocase basis
Parens Patriae father or parent of his country

Art. 25. Thoughtless extravagance in the expense for

pleasure or display during a period of acute want or
emergency may be stopped by order of the courts at
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Protection of Human Dignity

o If statutes insufficiently protect persons
from being unjustly humiliated, then the
law is defective
o The privacy of ones home is an inviolable
right

The acts referred to in no. 2 are

multifarious, yet many of them are not
within the purview of the laws in force
Religious freedom does not authorize
anyone to heap obloquy and disrepute
upon another by reason of the latters
religion.

Art. 27. Any person suffering material or moral loss

because a public servant or employee refuses or
neglects, without just cause, to perform his official
duty may file an action for damages and other relief
against the latter, without prejudice to any disciplinary
administrative action that may be taken.

Unfair competition
o Democracy becomes a veritable mockery
if any person or group of persons by any
unjust or highhanded method may
deprive others of a fair chance to engage
in business or earn a living
Test of Unfair Competition
o Whether certain goods have been
intentionally clothed with an appearance
which is likely to deceive the ordinary
purchasers exercising ordinary care.

Art. 29. When the accused in a criminal prosecution is

acquitted because his guilt has not been proved
beyond reasonable doubt, a civil action for damages
for the same act or omission may be instituted. Such
action requires only a preponderance of evidence.
Upon motion of the defendant, the court may require
the plaintiff to file a bond to answer for damages in
case the complaint should be found to be malicious.

Relief Against Public Officials

o Any person suffering from the refusal or
neglect of any government employee or
public servant to perform his duties is
entitled to damage.
o A public officer who commits tort or other
wrongful act done in excess or beyond
the scope of his duty, is not protected by
his office and is personally liable

If in a criminal case the judgment of acquittal is

based upon reasonable doubt, the court shall so
declare. In the absence of any declaration to that
effect, it may be inferred from the text of the decision
whether or not the acquittal is due to that ground.

Art. 28. Unfair completion in agricultural, commercial

or industrial enterprises or in labor through the use of
force, intimidation, deceit, machination or any other
unjust, oppressive or highhanded method shall give
rise to a right of action by the person who thereby
suffers damage.

For every criminal case, there is Civil liability

(RPC Art. 100)
Civil action
o Proof beyond reasonable doubt

Amount of proof which forms and

abiding moral certainty that the
accused committed of a crime
charge
Preponderance of evidence
The evidence adduced by one side
outweighs that of the adverse
party
Needed for civil case

Art. 30. When a separate civil action is brought to

demand civil liability arising from a criminal offense
and no criminal proceeding are instituted during the
pendency of the civil case, a preponderance of
evidence shall likewise be sufficient to prove the act
complained of.

Civil obligation arising from a criminal offense

Art. 31. When the civil action is based on an obligation

not arising from the act or omission complained of as a
felony, such civil action may proceed independently of
the criminal proceedings and regardless of the result
of the latter.

Is separate and distinct from

criminal negligence
Whoever by act or omission causes damage to
another, there being fault or negligence, is
obliged to pay for the damage done. Such fault
or negligence, if there is no pre-existing
contractual relation between the parties, is
called a quasi-delicate and is governed by the
provisions of this Chapter. (Art. 2176, NCC)
When the civil action is based on an obligation
not arising from the act or omission complained
of as felony, such civil action may proceed
independently of the criminal proceedings and
regardless of the result of the latter
Art. 31 also applies to culpa contractual
o When a person is acquitted of a criminal
charge, civil liability may still arise
A contract is also an obligation
which makes culpa contractual fall
under 31
Negligence defined as the failure to observe
for the protection of the interest of another
person that degree of care, precaution and
vigilance which the circumstances greatly
demand, whereby such other persons suffer
injury.

Art. 31 seeks to give aggrieved parties a cause

of action if such situation happens:
o Quasi delict fault or negligence, if there
is no pre-existing contractual relation
between the parties
Culpa Aquiliana

Art. 32. Any public officer or employee, or any private

individual, who directly or indirectly obstructs, defeats,
violates or in any manner impedes or impairs any of
the following rights and liberties of another person
shall be liable to the latter for damages:
5

1. Freedom of Religion;
2. Freedom of Speech;
3. Freedom to write for the press or to maintain a
periodical publication;
4. Freedom from arbitrary or illegal detention;
5. Freedom of suffrage;
6. The right against deprivation of property without
due process of law;
7. The right to a just compensation when private
property is taken for public use;
8. The right to the equal protection of the laws;
9. The right to be secure in ones person, house
papers, and effect against unreasonable
searches and seizures;
10.The liberty of abode and of changing the same;
11.The
privacy
of
communication
and
correspondence;
12.The right to become a member of associations
or societies for purposes not contrary to law;
13.The right to take part in a peaceable assembly
to petition the government for redress of
grievances;
14.The right to be free from involuntary servitude
in any form;
15.The right of the accused against excessive bail
16.The right of the accused to be heard by himself
and counsel, to be informed of the nature and
cause of the accusation against him, to have a
speedy and public trial, to meet the witnesses
face to face, and to have compulsory process to
secure the attendance of witness in his behalf;
17.Freedom from being compelled to be a witness
against ones self, or from being forced to
confess guilt, or from being induced by a

promise of immunity or reward to make such

confession, except when the person confessing
became a State witness;
18.Freedom from excessive fines, or cruel and
unusual punishment, unless the same is
imposed or inflicted in accordance with a statute
which has not been judicially declared
unconstitutional; and
19.Freedom of access to the courts;
In any of the cases referred to in this article, whether
or not the defendants act or omission constituted a
criminal offense, the aggrieved party has a right to
commence an entirely separate and distinct civil
action for damages, and for other relief. Such civil
action shall proceed independently of any criminal
prosecution (if the latter be instituted), and may be
proved by a preponderance of evidence.
The indemnity shall include moral damages.
Exemplary damages may also be adjudicated.
The responsibility herein set forth is not demandable
from a judge unless his act or omission constitutes a
violation of the Penal Code or other penal statute.
Art. 33. In cases of defamation, fraud and physical
injuries, a civil action for damages, entirely separate
and distinct from the criminal action, may be brought
by the injured party. Such civil action shall proceed
independently of the criminal prosecution, and shall
require only a preponderance of evidence.
6

Art. 35. When a person claiming to be injured by a

criminal offense, charges anther with the same, for
which no independent civil action is granted in this
Code or any special law, but the justice of the peace
finds no reasonable grounds to believe that a crime
has been committed, or the prosecuting attorney
refuses or fails to institute criminal proceedings, the
complainant may bring a civil action for damages
against the alleged offender. Such civil action may be
supported by preponderance of evidence. Upon the
defendants motion, the court may require the plaintiff
to file a bond to indemnify the defendant in case the
complaint should be found to be malicious.

Principle is to allow the citizen to enforce his

rights regardless of State action so that citizen s
will not depend upon the government for the
vindication of their own private rights.
Includes fraud, defamation, physical injuries and
are understood in their ordinary sense.
Criminal negligence (reckless imprudence) is not
included in this article, thus an independent
action for such cannot be made independently
from the criminal prosecution.
Art. 33 is more for the benefit of the claimant or
victim than anybody else. Nevertheless, if he
files a civil case under Art. 33, the victim can no
longer intervene in the prosecution of the
criminal case.

If during the pendency of the civil action, an

information should be presented by the prosecuting
attorney, the civil action shall be suspended until the
termination of the criminal proceedings.

Art. 34. When a member of a city or municipal force

refuses or fails to render aid or protection to any
person in case of danger to life or property, such
officer shall be primarily liable for damages, and the
city or municipality shall be subsidiary responsible
therefor. The preponderance of evidence shall suffice
to support the action.

It does not cover members of the Philippine

National Police or the Army
Primary Liability: member of the police force
who refuses to render aid
Subsidiary Liability: the municipality in case
of insolvency

When a person claiming to be injured by a

criminal offense, charges another but the
judges fails to find any crime to have been
committed or if the prosecuting attorney
refuses/fails to institute criminal proceedings,
complainant may file a civil action for
damages against alleged offender.
This Article applies to cases when there is no
independent civil action (such as when the
liability sought to be recovered arises from a
crime); and not to a tortious action such as
that provided for under Art. 33.

Art. 36. Prejudicial questions which must be decided

before any criminal prosecution may be instituted or
may proceed, shall be governed by rules of court
which the Supreme Court shall promulgate and which
shall not be in conflict with the provisions of this Code,

The general rule is that the criminal case

takes precedence; an exception would be if
there exist prejudicial questions, which
should be resolved before the criminal case.
PREJUDICIAL QUESTIONS
o That which must precede the criminal
action that which requires a decision
before a final judgment is rendered in
the principal action where the said
question is closely connected. The
resolution of the prejudicial question
will determine if the criminal action
may proceed.

PERSONS
CIVIL PERSONALITY GENERAL PROVISIONS
Art. 37 39
Person any being, natural or artificial, capable of
possessing legal rights and obligations. (2 Sanchez
Roman 110).
2 Kinds of Persons
Natural persons human beings created by
God through the intervention of the parents.
Juridical persons those created by law. (2
Sanchez Roman 112-114).

Requisites of Prejudicial questions:

o The civil case involves facts intimately
related to those upon which the criminal
prosecution would be based;
o
In the resolution of the issue or issues
raised in the civil actions, the guilt or
innocence
of
the
accused
would
necessarily be determined; and
o Jurisdiction to try, said question must be
lodged in another tribunal.

Art. 37. Juridical capacity, which is the fitness to be the

subject of legal relations, is inherent in every natural
person and is lost only through death. Capacity to act,
which is the power to do acts with legal effect, is
acquired and may be lost.

a.
b.
c.
d.

is not limited on account of religious belief or political

opinion.

Juridical Capacity - The fitness to be the subject

of legal relations; Acquired upon birth and
terminated upon death
Capacity to Act - The power to do acts with legal
effect.
Full or complete capacity - The union of the two
kinds of capacity (plena capacidad civil).

Juridical Capacity
Passive
Inherent
Lost only through
death
Can exist without
capacity to act

a.
b.
c.

d.

A married woman, twenty-one years of age or

over, is qualified for all acts of civil life, except in cases
specified by law.

Capacity to Act
Active
Merely Acquired
Lost through death and
maybe restricted by
other cause
Exist always with Jur.
Cap.

Art. 38. Minority, insanity or imbecility, the state of

being a deaf-mute, prodigality and civil interdiction are
mere restrictions on capacity to act, and do not
exempt the incapacitated persons from certain
obligations, as when the latter arise from his acts or
from property relations, such as easements.

Significance of 38 and 39
o To make an overview of the situation that
qualifies a persons power to undertake
acts which can produce legal effects
o The consequences of these restrictions
and modifications in a persons capacity
to act are provided
o Article 38 restricts capacity to act
o Article 39 is broader in scope but it
enumerates situations which merely
modify the capacity to act

PERSOSNS
NATURAL PERSONS
ART. 40- 43

Art. 39. The following circumstances, among others,

modify or limit capacity to act: age, insanity,
imbecility, the state of being a deaf-mute, penalty,
prodigality, family relations, alienage, absence,
insolvency ad trusteeship. The consequences of these
circumstances are governed in this Code, other codes,
the Rules of Court, and in special laws. Capacity to act

Art. 40. Birth determines personality; but the

conceived child shall be considered born foal all
purposes that are favorable to it, provided, it be born
later with the conditions specified in the following
article.

capable of succeeding, provided it will be

born later under the conditions in Art. 41.

Presumptive personality Personality at

Conception provided that it may be born
afterwards

Art. 41. For civil purposes, the fetus is considered born

if it is alive at the time it is completely delivered from
the mothers womb. However, if the fetus had an intrauterine life of less than seven months, it is not deemed
born if it dies within twenty-four hours after its
complete delivery from the maternal womb.

2 kinds of children;
o Ordinary with an intra-uterine life of at
least seven months. (Mere birth is
sufficient here.)
o Extraordinary if the intra-uterine life be
less than seven months. (Here the child
must have lived for at least 24 hours)
Commencement of Civil Personality
o Article 5 of PD 603 Child and Youth
Welfare Code amended Art. 40
The civil personality of the child
shall commence from the time of
his conception for all purposes
favorable to him, subject to the
requirements of Art.41
o A conceived child although not yet born,
is given a provisional personality
Has right for support
o For
purposes
of
inheritance
and
succession, a child already conceived at
the time of the death of the decedent is

10

Birth Certificate
o The best evidence of the fact of birth
o The entries therein are only prima facie
evidence
Can be rebutted by competent
evidence
o In case of an exposed child
The person who found the same
shall report to the local civil
registrar the place, date, and hour
of finding and other attendant
circumstances
I case of an illegitimate child, the
birth certificate shall be signed and
sworn jointly by the parents of the
infant or only by the mother if the
father refuses
In the latter case, it shall not
be allowed to state in the
document the name of the
father
who
refused
to
acknowledge the child
Commencement of Civil Personality
o Birth
records,
including
the
birth
certificate are strictly confidential and the
contents therein cannot be revealed
unless the cases provided by law
o Art. 7 of Child and Youth Welfare Code,
birth certificate can be issued to:

Person himself, or any person

authorized by him
His
spouse,
parents,
direct
descendants, or the guardian or
institution legally in charge of him
if he is a minor
Court or proper public official
whenever absolutely necessary in
administrative, judicial, or other
official proceedings
In case of persons death, the
nearest kin

registered not later than five days after

the burial of the body

Art. 42. Civil personality is extinguished by death.

The effect of death upon the rights and
obligations of the deceased is determined by law, by
contract and by will.

Death puts an end to civil personality

Death Certificate
o The office of the local civil registrar of a
municipality or city must have in its
custody the death certificates of persons
who died in its locality
o No human shall be buried unless the
proper
death certificate has been
presented and recorded in the office of
the local registrar
o During epidemic, bodies may be buried,
provided the proper death certificates
have been secured, which shall be

Effect of Physical Death: Contract, Will, and the

Law
o The rights and obligations of a dead
person can still be regulated by contract,
will, or the law
o Creditors are given the right to claim from
the estate of the deceased any obligation
due them before the estate cab finally be
partitioned in favor of the heirs
Legal effects of death:
o The right to support ends
o A marriage, whether voidable or valid,
also ends
o The tenure of public office ends
o If an individual dies, the property or
estate left by him should be subject to the
tax in generally the same manner as if he
were alive.
o If a person dies after he has authorized
another to sell the formers property, the
sale after such death is not valid, if made
by the agent with knowledge of the
principals death. This is true even if the
buyer be in good faith.

Art. 43. If there is a doubt, as between two 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 provide the same; in the
11

absence of proof, it is presumed that they died at the

same time and there shall be no transmission of rights
from one to the other.

Proof of Death
o Art. 43 applies only to persons who are
called to succeed each other
o Proof of death established by
Positive evidence
Circumstantial evidence derived
from facts
o Can never be established from mere
inference arising from another inference
or from presumptions or assumption
Presumption of Survivorship
a. If both were under the age of fifteen years,
the older is presumed to have survived;
b. If both were above the age of sixty, the
younger is presumed to have survived;
c. If one be under fifteen and the other above
sixty, the former is presumed to have
survived;
d. If both be over fifteen and under sixty, and
the sexes be different, the male is presumed
to have survived; if the sexes be the same,
then the older;
e. If one be under fifteen or over sixty, and the
other between those ages, the latter is
presumed to have survived.

12

Art. 45. Juridical persons mentioned in Nos. 1 and 2 of

the preceding article are governed by the law creating
or recognizing them.
Private corporations are regulated by law of
general application on the subject.

PERSONS

Partnerships and associations for private

interest or purpose are governed by the provisions of
this Code concerning partnerships.

JURIDICIAL PERSONS
Art. 44 47
Art. 44. The following are juridical persons:

1. The state and its political subdivisions;

2. Other corporations, institutions and entities for
public interest or purpose, created by law; their
personality begins as soon as they have been
constituted according to law;
3. Corporations, partnership and associations for
private interest or purpose to which the law
grants a juridical personality, separate and
distinct from that of each shareholder, partner
or member.

Two kinds of Juridical Persons

o Public Juridical Persons
Public
corporations
province and the city
The state itself
o Private Juridical Persons
Private Corporations
Partnership
Foundation

like

the

Nationality of Private Corporation is generally

determined by the place of its incorporation
o Exception
For the grant of the rights in the
Constitution to the operation of
public
utilities,
and
for
the
acquisition of land and other
natural resources, a corporation,
even if incorporated here, cannot
acquire said rights unless 60% of
its capital be Philippine-owned.
During war, we may pierce the veil
of corporate identity, and go to the
very nationality of the controlling
stockholders regardless of where
the incorporation had been made.

Art. 46. Juridical persons may acquire and possess

property f all kinds, as well as incur obligations and
bring civil or criminal actions, in conformity with the
laws and regulations of their organization.
13

Rights f Juridical Persons

o To acquire and possess property of all
kinds
o To incur obligation
o To bring criminal or civil actions

Juridical Persons
o A being of legal existence susceptible of
rights and obligations, or of being the
subject of juridical relations
State
o The state and its political subdivisions are
juridical persons
o Sovereign person with the people
composing it viewed as an organized
corporate society under a government
with the legal competence to exact
obedience of its commands
o Can enter into treaties and contracts
o The state cannot be sued without its
consent
Consent
implied
when
the
government enters into business
contracts, thereby descending to
the level of the other contracting
party
Or when the state files a complaint,
thus
opening
itself
to
a
counterclaim
Political subdivisions

Are municipal corporations and, in the

Philippines, consist of the provinces,
cities, and municipalities
o Municipal corporations exist in a dual
capacity
If
performing
governmental
functions, they are immune from
suit unless provided by their
charter
The municipality cannot be held
liable for the torts committed by its
regular employee who was then
engaged in the discharge of
governmental functions
o Exercise a private property or corporate
right arising from their existence as legal
persons and not as public agencies
Corporations
o Batas Pambansa Blg. 68 Corporation
Code of the Philippines governs public
corporations
o Artificial being created by operation of
law, having the right of succession and
the powers, attributes, and properties
expressly authorized by law or incident to
its existence
o Creatures of the law and can only come
into existence in the manner prescribed
by law
Partnership
o By contract of such, two or more persons
bind themselves to contribute to a
o

14

common fund, with the intention of

dividing profits among themselves
o Can be formed for the exercise of a
profession
Distinct Personality and Exceptions
o Corporations,
partnerships
and
associations for private interest and
purpose may be granted by law a
juridical personality, separate and distinct
from that of each shareholder, partner or
member
o The obligation of the corporations is not
obligation of the stock holder and vice
versa
o But, shareholders can be held liable for
the liabilities of a corporation

Art. 47. Upon the dissolution of corporations,

institutions and other entities for public interest or
purpose mentioned in No. 2 of Article 44, their
property and other assets shall be disposed of in
pursuance of law or the charter creating them. If
nothing has been specified on this point, the property
and other assets shall be applied to similar purposes
for the benefit of the region, province, city or
municipality which during the existence of the
institution derived the principal benefits from the
same.

Governed by this Corporation Code

With respect to corporations for public
interest or purposes created by a charter,
their dissolution shall be governed in
accordance with the provisions of their
respective charters and in the absence of
such provisions, by the provision of the
Corporation Code.
Rule If Public Juridical Persons Are Dissolved
o This Article refers to public corporations
or associations.
o How assets are to be distributed:
First apply the provisions of the law
or charter creating them.
If there is no such provision, the
assets will be for the benefit of the
place which was already receiving
the principal benefits during the
existence of the corporation or
association.
o
o

Dissolution
15

Natural-born citizen those who are

citizens of the Philippines from birth
without having to perform any act to
acquire or perfect their Philippine
citizenship.
o Naturalized citizens citizens who
become
such
through
judicial
proceedings.
o Citizen 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.
Two Theories on Whether Place or Ancestry
Determines Citizenship
o Jus soli if born in a country, a person is
a citizen of the same.
o Jus sanguinis one follows the
citizenship of his parents; this is
citizenship by blood. (followed in PH)
o

PERSONS

Art. 48. The following are citizens of the Philippines:

1. Those who were citizens of the Philippines at the
time of the adoption of the Constitution of the
Philippines;
2. Those born in the Philippines of foreign parents
who, before the adoption of said Constitution,
had been elected to public office in the
Philippines;
3. Those whose fathers are citizens of the
Philippines;

CITIZENSHIP AND DOMICILE

Art. 48 51

Citizenship - is the status of being a citizen, or of

owing allegiance to a certain state for the
privilege of being under its protection.
Nationality - refers to a racial or ethnic
relationship.
Three kinds of Citizens

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4. Those who are naturalized in accordance with

law.
Art. 49. Naturalization and the loss and reacquisition of
citizenship of the Philippines are governed by special
laws.

No less than 21 years of age on the

day of the hearing of the petition
Must
have
resided
in
the
Philippines for a continuous period
of not less than 10 years
Good moral character
Must own real estate in the
Philippines
not
less
than
5
thousand pesos or must have some
lucrative trade, profession, or
lawful occupation
Able to speak and write English or
Spanish and any one of the
principal Philippine languages
Must have enrolled his minor
children of school age in any school
recognized by the Office of Private
Education of the Philippines
Special Qualifications reduced to 5
years
Honorably
held
office
under
government of the Philippines
Established a new industry or
introduced a useful invention in the
country
Married to a Filipino woman
Engaged as a teacher in the
Philippines not established for
exclusive instruction of a particular
nationality or race
Having been born in the Philippines
Disqualification

Naturalization - is the process of acquiring the

citizenship of another country.
Citizenship
o Constitution
Citizens of the Philippines at the
time if the adaptation of the
Constitution
Those whose fathers and mothers
are citizens of the Philippines
Born before January 17, 1973 of
Filipino
mothers
who
elected
Philippine
citizenship
upon
reaching the age of majority
(natural-born)
Those who are naturalized in
accordance with law
o 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
citizenships
Acquisition of Citizenship
o A proper petition shall be filed in the
proper court which, after due hearing,
shall issue certificate of naturalization
o Qualifications

o
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Opposes the government (activities

or associations that oppose)
Defending
or
teaching
the
necessity or propriety of violence,
etc.
Polygamists
Convicted of crimes involving
moral turpitude
Suffering from mental alienation or
contagious diseases
Have not mingled socially with the
Filipinos; have not evinced a
sincere desire to learn and
embrace all customs, ideals, and
aspirations of the Filipinos
Citizens of a country whose laws do
not grant Filipinos the right to
become naturalized citizens
Loss and Reacquisition of Citizenship
o Grounds for loss of Citizenship
Naturalization in a foreign country
Express renunciation of citizenship
Subscribing
to
an
oath
of
allegiance
to
support
the
constitution or laws of a foreign
country upon attaining 21 years old
Rendering service to, or accepting
commission in the armed forces of
a foreign country, except
Philippines has a defensive
and/or offensive pact with
that country

Said
country
maintains
armed forces on Philippine
territory with the consent of
the Philippines
Cancellation
of
certificate
of
naturalization
Declared as deserter of the
Philippine armed forces in time of
war
In case of a woman, upon marriage
to a foreigner and he law of the
latter dictates the she acquires
their citizenship
Reacquisition
Naturalization
Repatriation of deserters
Direct act of Congress

Art. 50. For the exercise of civil rights and the

fulfillment of civil obligations, the domicile of natural
parsons is the place of their habitual residence.
Art. 51. When the law creating or recognizing them, or
any other provision does not fix the domicile of
juridical persons, the same shall be understood to be
the place where their legal representation is
established or where they exercise their principal
functions.

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Domicile

o
o
o

Denotes a fixed permanent residence to

which when absent, one has the intention
of returning
Residence coupled with the intention to
remain for an unlimited time
A minor follows the domicile of his
parents
It can only be lost or change when the
following happen
Actual removal or actual change of
domicile

Bona fide intention of abandoning

the former place of residence for a
new one
Acts which correspond with the
purpose
Residence: used to indicate a place of abode,
whether
permanent
or
temporary
is
established or where they exercise their
principal functions.

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