Nationality Theory- theory by virtue of which the status and capacity of an

individual are governed by the law of his nationality. (Arts. 15 16 1039 CC; Art 21
FC).

Distinction of Nationality and Citizenship in Political Society, International

Business, and Sociology Classes.

Nationality- is membership in an either ethnic, social, racial, and cultural group.

(ESRC).
Citizenship- is a membership in a political society.( PS)

Thus as political unit, the state may composed of several nations ( US Citizens may be
composed of English, French, etc and other nationals).

For other viewpoint Nationals includes not only citizens but all those owing
allegiance to a particular state, like subjects or the inhabitants of colonies (SI)

In Phil. Conflict of Laws, Nationality and Citizenship considered as

SYNONYMOUS TERMS. Thus, when we say that the successional rights to the
estate of a person shall be governed by his nationality really mean that the law of the
state of which the deceased was a citizen at a time of his death.

DEFECTS OF NATIONALITY THEORY (SSTI)- HSDA

1. Sometimes, Change of nationality or citizenship is Hard to effectuate.( refugees fro

Communist or Socialist countries may find it difficult to be naturalized somewhere.
2. Some individuals, for varying reasons are STATELESS.
3. There are persons possessed of DUAL AND MULTIPLE nationalities.
4. It is not always desirable to apply to aliens their national law.
3 KINDS OF CITIZENS OF THE PHILIPPINES- NNC

1. NATURAL BORN CITIZENS- those who are citizens of the Philippines from
birth without having to perform any act to acquire or perfect their Philippine
Citizenship (Art. IV Sec. 2). This must be distinguished from native born citizen, one
born in the country of which he is citizen. Hence, a child born to a Filipino mother in
Germany is a natural born but not native born.

2. NATURALIZED CITIZENS- citizens who are not natural born citizens; those
who became such through judicial proceedings.

3. CITIZENS BY ELECTION- Citizens who by virtue of certain legal provision,

become such by choosing (or electing) Philippine Citizenship at the age of 21 or
within the reasonable time thereafter.

2 THEORIES ON WHETHER place or ancestry determines citizenship

1. JUS SOLI- Jus Soli (right of soil) which is the legal principle that a person’s
nationality at birth is determined by the place of birth (e.g.the territory of a given
state). If both in a country, a person is a citizen of the same. This is not applied in the
Philippines.
2. JUS SANGUINIS- Jus Sanguinis (right of blood) which is the legal principle that,
at birth, an individual acquires the nationality of his/her natural parent/s. The
Philippine adheres to this principle. One follows the citizenship of his parents.

Does Philippine Law determine the problem of mutual or multiple nationalities

or citizenship?

Answer: No. Philippine law are only allowed to determine who are citizens are who
are not.

Who determine citizenry?

Answer: Any question as to whether a person possesses the nationality of a
particular state should be determined in accordance with the law of the state.

Who determine the nationality?Dual or multiple citizenship?

Examples

A. A testator considered Filipino under Phil Law, and Chinese under Chinese law
died in France Leaving Properties in Phil. How Phil Court Judge determine the
successional right to the state of the decedent?

Answer: In as much as we regard him as Filipino citizen, there is no doubt that

applying Article 16 par 2of CC, Phil law shall control the successional rights to his
estate. (Rule- get the law of the forum if the forum is one of the countries of which the
deceased was a national).

B. A testator, considered a Chinese under Chinese Law, and Japanese under Japan
Law, died in Manila leaving properties in Philippines. Prior to his death, the deceased
was domiciled in Japan. How should Fil judge adjudicate the successional rights to
the estate of the deceased?

Answer: Japanese Law shall be applied because the deceased was BOTH a citizen
and a domiciliary of Japan. Japanese law, is obviously preferred over Chinese Law for
the DOMICILE was also in Japan. (Rule- if the deceased is not a citizen of the
forum, we must get the law of the nation of which he was both a national and a
domiciliary. This is the theory of effective nationality: it is evident that here the
deceased himself considered the domicile as the more effective connecting factor for
his personal law.

C. A Testator considered a Cuban under Cuban Law, and a Singaporean under

Singaporean Law was domiciled at the moment of his death in Italy. He died in
Alaska leaving properties in Philippines, How should Phil court dispose the
successional rights to his estate?

Answer: To properly apply Art 16 par 2 of CC, it is believed that in a case like this
our rule should be:
1. First, get the CUBAN and the Singaporean law on succession, and apply them in so
far as they are consistent with or identical to each other;
2. Secondly, in so far as there is a conflict, we must refer to the law of Italy, the law
of the domicile to resolve the conflict.

VARIOUS WAYS OR MODALITIES THAT MAY ARISE IN DUAL OR

MULTIPLE CITIZENSHIP- TFBB

1. Through naturalized citizen’s failure to Comply with Certain Legal Requirements

in the Country of Origin.

2. From combined application of Jus Soli and Jus Sangunis

3. By legislative act of the states
4. By voluntary act Act of the individual concerned

THE PROBLEMS OF STATELESS PERSONS- DRRB

A. How stateless person i brought about?

1. He may 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 Released from his original state.
4. He may have been Born in country recognizes only the principle of jus
sunguinis-citizenship by blood, of parents whose law recognizes only the principle of
jus soli, citizenship by birth of certain place. Thus, he is neither a citizen of a country
where he is born nor a citizen of the country of his parents.

B. PERSONAL LAW OF STATELESS PERSON

The Hague Conference of 1928 suggested that the Personal Law of stateless
individuals shall be:
1. The Law of the domicile (habitual residence)
2. Secondarily law of the place of temporary residence.
SUCCESSIONAL RIGHTS

Q: Suppose the deceased has no nationality or citizenship what should apply?

Answer: The Law of domicile. (Suppose no domicile). This cannot be, for no person
can ever be without a domicile.