CHAPTER 6: PERSONAL LAWS
The law which governs a persons family
relations, capacity or status.
Three most common personal laws are the
Nationality Rule, Domiciliary Rule, Eclectic
Theory
NATIONALITY LAW THEORY
The Philippines adheres to the nationality law
theory.
PROBLEMS IN APPLYING THE
NATIONALITY
PRINCIPLE
1. MULTIPLE CITIZENSHIP
In matters of status, he is usually considered
by
the forum as exclusively his own national, his
additional foreign nationality is disregarded
In case the litigation arises in a third country,
the
law most consistently applied is that of the
country of which the person is not only a
national
but where he has his domicile or habitual
residence, or in the absence thereof, his
residence.
NOTE: Article 5 of the Hague Convention on
the
Conflict of Nationality laws provides: a third
state shall, of the nationalities which such
person
possesses, recognize exclusively in its territory
either the nationality of the country of which he
is
habitually and principally resident, or the
nationality of the country with which in the
circumstances he appears to be closely
connected.
MULTIPLE CITIZENSHIP ARISES DUE TO:
a. Through a Naturalized Citizens Failure to
Comply with Certain Legal Requirements in
the country of origin
b. From a combined application of Jus Soli and
Jus Sanguinis principle
c. By the legislative Act of States
d. By the voluntary Act of Individual concerned
2. STATELESSNESS
Stateless persons are generally subject to the
law of their domicile or habitual residence, or in
default thereof, to the law of their temporary
residence.
STATELESSNESS ARISES DUE TO:
a. Deprivation of his citizenship for any cause,
such as commission of a crime
b. Renunciation of ones nationality by certain
acts, express or implied;
c. Voluntary release from his original state;
d. If born in a country which recognizes only the
principle of jus sanguinis of parents whose
law recognizes only the principle of jus soli
NOTE: The Convention on the Adoption on the
Reduction of Statelessness (1961) mandates
that
the jus sanguini country grants its nationality to
person born within its territory if he would be
otherwise stateless, and the jus soli country to
extend its nationality to a person who would
otherwise be considered stateless when of his
parents is a citizen of the contracting state.
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.
DOMICILIARY THEORY
The individuals private rights, status, capacity
and conditions are determined by his domicile.
DOMICILE
Is that place where a person has certain
settled,
fixed, legal relations because:
1. it is assigned to him by law at the MOMENT
OF
BIRTH (domicile of origin)
2. It is assigned to him by law AFTER BIRTH on
account of legal disability caused for instance by
minority, insanity or marriage in the case of a
woman (constructive domicile or domicile by
operation of law)
3. he has a HOME there that to which
whenever he is absent, he intends to return
(domicile of
choice)
NOTE: The forum determines domicile
according
to his own standards
GENERAL RULES ON DOMICILE:
1. No natural person must ever be without a
domicile
2. No person can have two or more domiciles at
the
same time, except for certain purposes, and
from
different legal viewpoints
3. Every sui juris may change his domicile
4. Once acquired, it remains the domicile unless
a
new one is obtained:
a. By capacitated persons
b. With freedom of choice
c. With actual physical presence
d. And Provable intent that it should be ones
fixed and permanent place of abode, there
should be animus manendi (intent to remain)
or animus nonrevertendi (intent not to return)
5. The presumption is in favor of the
continuance of
domicile. The burden of Proof is on the one who
alleges that a change of domicile has taken
place.
SITUS OR ECLECTIC THEORY
The capacity, legal condition, or status of an
individual should be governed by the law of the
place where an important element of the
problem
occurs or is situated.