TORTS AND DAMAGES - approach that requires an examination of several

factors to the applicable law:

Torts as source of obligation
Quasi-delicts or torts
- act or omission which causes damage to another,
there being fault or negligence.
- Elements:
1. damages suffered by the plaintiff;
2. fault or negligence of the defendant or some other
person to whose act he must respond;
3. connection of cause and effect between the
fault/negligence and the damages incurred;
4. there must be no pre-existing contractual
relationship between the parties.
Negligence
- omission of that diligence which is required by the
nature of the obligation and corresponds with the
circumstances of the persons, of the time, and of the
place.
Ordinary prudent person test
- Conduct is said to be negligent when a prudent
man in the position of the tortfeasor would have
foreseen that an effect harmful to another was
sufficiently probable to warrant his foregoing conduct
or guarding against its consequences.
Conflicts of law arises when states employ differing
approaches in resolving torts cases.
a. predictability of result;
b. maintenance of the interstate and international
order;
c. simplification of the judicial task;
d. advancement of the forum’s governmental
interest;
e. application of the better rule of law.
4. Lex fori – approach where the rights and liabs of
the parties are governed by the law of the forum.
5. Most significant relationship approach – law of the
state which has the most connection to a case shall
be applied in the resolution of the conflict.
- points of contact:
a. place where the injury occurred;
b. place where the conduct causing injury occurred;
c. the domicile, residence, nationality, place of
incorporation and place of business of the parties,
and
d. place where the relationship, if any, between the
parties is centered.
KAMELGARD VS. MACURA
Case: Defamation
When defamatory statements are communicated to
different states, apply the law of the plaintiff’s
domicile because it is where the victim works and
lives – with whom he has personal or business
transactions which might be impaired by defamation.

Approaches to Conflicts’ Torts

1. Lex loci delicti – vested rights doctrine

- traditional rule that employs the law of the place
of injury
- Melton vs. Stephens
GR: lex loci delicti
Exception: if place of tort bears little connection ,
these other factors is to be considered:

1. place where the conduct causing the injury

occurred;
2. residence/place of business of the parties, and
3. the place where the relationship is centered.

2. Governmental internet analysis approach

- three-tiered approach that involves an
examination whether there is a difference in the law
of the jurisdictions involved, whether there is a true
conflict of law, and if true conflict exists, the court will
apply the law of the state whose interests is more
impaired.

3. Choice-influencimg considerations approach

 CHAPTER IV : CITIZENSHIP AND DUAL country. thereof.
NATIONALITY
 Thus, one  Hence, if one
A person with an alien citizenship brings forth a becomes an is not born to a
foreign element that triggers a conflict of law American citizen citizen, he
situation. when one is born does not
in any of the thereby
How Acquired states of the US, become a
or within territorial citizen of that
ARTICLE IV CITIZENSHIP boundaries country.
thereof.
Section 1. The following are How Acquired
citizens of the Philippines:
1. Those who are citizens Both By Birth or
of the Philippines at the By Multiple Citizenships
time of the adoption of Naturalization.
this Constitution; Is acquired by the simultaneous application of the
2. Those whose fathers or By Birth DOCTRINES OF JUS SOLI AND JUS SANGUINIS.
mothers are citizens of
the Philippines; Natural Born Citizenship

3. Those born before By Birth Section 2, Article IV of the 1987

January 17, 1973, of Constitution. Natural-born citizens are those who
Filipino mothers, who are citizens of the Philippines from birth without
elect Philippine having to perform any act to acquire or perfect their
Citizenship upon Philippine citizenship. Those who elect Philippine
reaching the age of citizenship in accordance with paragraph (3),
majority; and Section 1 hereof shall be deemed natural-born
4. Those who are By citizens.
naturalized in the Naturalization.
accordance with law. On the other hand, Naturalizaton refers to the
acquistition of citizenship by the performance of
some positive act, like applying with the appropriate
authorities to become a citizen of that state.
Citizenship at Birth

Two guiding principles respecting acquisition of In the case of the Philippines, naturalization is
citizenship at birth. governed by Commonwealth Act No. 473 or the
Revised Naturalization Law, and Republic Act
Jus Sanguinis Jus Soli No. 530.
 Is acquired  Is acquired by
through blood being born NOTE CASES:
relationship with within the
the parent. territorial  Bengson III vs. House of Representatives
boundaries of Electoral Tribunal, 357 SCRA 545, G.R.
a state. No. 142840 May 7, 2001.
 Philippines  United States Foundlings are Natural-Born Citizens
 For purposes of  Is more Foundlings, or those abandoned children with no
immigration and restrictive known natural parents, are natural-born citizens
multiple form, as it because they are not an excluded class under the
nationality, tends to Constitution. Domestic and International laws accord
IMMIGRANT restrict them that status.
FRIENDLY, as it citizenship only
grants citizenship to those So long as there is a HIGH PROBABILITY that the
by the mere fact of related by foundling’s parents are Filipinos, that person will be
being born within consanguinity considered natural-born.
the territory of a to citizens
The Philippines does not discriminate against
foundlings and acknowledges their Philippine
citizenship in accord with human rights treaties and
conventions. It is also state policy as seen in
adoption laws to accord them the statues of natural-
born citizens.
NOTE CASES:
 Poe-Llamanzares vs. Commission on
Elections, 786 SCRA 1, G.R. No. 221697,
G.R. Nos. 221698-700 March 8, 2016
Importance of Citizenship
 Source of rights, full political rights.
 Defines voting rights or Right of Suffrage
and the right to hold public offices.
 Derivative citizenship, a benefit derived from
being the child or spouse of a citizen of a
state.
NOTE CASES:
 Djumantan vs. Domingo, 240 SCRA 746,
G.R. No. 99358 January 30, 1995
Relation to Conflict of Laws
Citizenship is relevant to conflict of laws because
certain states require the application of a state’s
laws to certain matters affecting its citizens.
 Article 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)
 Article 16(2). 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.
 ARTICLE V SUFFRAGE Section
1. Suffrage may be exercised by all citizens
of the Philippines, not otherwise disqualified
by law, who are at least eighteen years of
age, and who shall have resided in the
Philippines for at least one year and in the
place wherein they propose to vote, for at
least six months immediately preceding the
election. No literacy, property, or other
substantive requirement shall be imposed
on the exercise of suffrage.
 ARTICLE IV CITIZENSHIP Section 5. Dual
allegiance of citizens is inimical to the
national interest and shall be dealt with by
law.
Where the application of the laws of two or more
states results in a situation where a person becomes
a citizen of two or more countries, the same
necessarily poses a conflict of laws problem.
Dual Allegiance
Dual Citizenship is the state of having two or more
citizenships while Dual Allegiance is the state of
having dual or multiple allegiances to several states.
However, Dual Allegiance is considered inimical to
the national interest, only applies to a single specific
instance, which is that where a naturalized Filipino
citizen continues to maintain his allegiance to his
mother country.
With the enactment of R.A. No. 9225, Congress has
now allowed Dual Allegiance for Filipinos as the law
allows former Filipinos to reclaim their old citizenship
without them renouncing their present citizenship.
NOTE CASES:
 Mercado vs. Manzano, 307 SCRA 630,
G.R. No. 135083 May 26, 1999
Expatriation
Article IV Citizenship Section 3. Philippine
citizenship may be lost or reacquired in the manner
provided by law. Section 3 of the Article IV of the
Constitution sanctions the expatriation of Philippine
citizens by the commission of expatriating acts and it
also gives the State the power to strip the people of
their citizenships.
Expatriation is the commission of an act that results
in the loss of citizenship.
COMMONWEALTH ACT No. 63
AN ACT PROVIDING FOR THE WAYS IN WHICH
PHILIPPINE CITIZENSHIP MAY BE LOST OR
REACQUIRED
Section 1. How citizenship may be lost. – A Filipino
citizen may lose his citizenship in any of the
following ways and/or events:
(1) By naturalization in a foreign country;
(2) By express renunciation of citizenship;
(3) By subscribing to an oath of allegiance to support
the constitution or laws of a foreign country upon
attaining twenty-one years of age or more: Provided,
however, That a Filipino may not divest himself of
Philippine citizenship in any manner while the
Republic of the Philippines is at war with any
country;
(4) By rendering services to, or accepting
commission in, the armed forces of a foreign
country: Provided, That the rendering of service to,
or the acceptance of such commission in, the armed
forces of a foreign country, and the taking of an oath
of allegiance incident thereto, with the consent of the
Republic of the Philippines, shall not divest a Filipino
of his Philippine citizenship if either of the following
circumstances is present:
(a) The Republic of the Philippines has a defensive
and/or offensive pact of alliance with the said foreign
country; or
(b) The said foreign country maintains armed forces
on Philippine territory with the consent of the
Republic of the Philippines: Provided, That the
Filipino citizen concerned, at the time of rendering
said service, or acceptance of said commission, and
taking the oath of allegiance incident thereto, states
that he does so only in connection with his service to
said foreign country: And provided, finally, That any
Filipino citizen who is rendering service to, or is
commissioned in, the armed forces of a foreign
country under any of the circumstances mentioned
in paragraph (a) or (b), shall not be permitted to
participate nor vote in any election of the Republic of
the Philippines during the period of his service to, or
commission in, the armed forces of said foreign
country. Upon his discharge from the service of the
said foreign country, he shall be automatically
entitled to the full enjoyment of his civil and political
rights as a Filipino citizen;
(5) By cancellation of the of the certificates of
naturalization;
(6) By having been declared by competent authority,
a deserter of the Philippine armed forces in time of
war, unless subsequently, a plenary pardon or
amnesty has been granted; and
(7) In the case of a woman, upon her marriage to a
foreigner if, by virtue of the laws in force in her
husband's country, she acquires his nationality.
Article IV Citizenship Section 4. Citizens of the
Philippines who marry aliens shall retain their
citizenship, unless by their act or omission they are
deemed, under the law to have renounced it.
Note in this section, the marriage of a woman to a
foreigner is no longer expatriating unless they
categorically renounce their citizenship.
Thus, a Philippine citizen who marries a foreigner
and in the process, acquires the citizenship of the
latter, retains her citizenship, and such is no longer
expatriating under the present Constitution unless
the person performs some other act deemed
expatriating under our law.
NOTE CASES:
 Board of Immigration Commissioners vs.
Go Callano, 25 SCRA 890, No. L-24530
October 31, 1968
Republic Act No. 9225: Citizenship Retention and
Reacquisition Act
 Enables former Filipino citizens who have
since naturalized in a foreign country to
reacquire their Filipino citizenships without
losing their present citizenship.
 Allows former Filipino citizens to repatriate
themselves by taking oath of allegiance to
the Republic of the Philippines without,
however, renouncing their present
citizenship (foreign).
 Law grants derivative Filipino citizenship to
the unmarried children below 18 years of
age, without qualification that the child
should have stayed in the Philippines for a
number of years or that the child makes a
choice of citizenship.
 Also makes it a state policy that those who
naturalize in other countries after the law’s
effectivity are deemed to retain their Filipino
citizenship upon their taking the oath of
allegiance to the Republic.
 Filipinos who repatriate themselves under
RA 9225 are deemed to be natural-born
citizens of the Philippines for they do not
have to perform any act to acquire or perfect
their Philippine citizenship.
 The status of being natural-born citizens
retroacts to the day when they were born.
 Memorandum Circular No. AFF-05-002
supplemented RA 9225 and provided for the
procedures in the reacquisition of Philippine
citizenship;
 It clarified that a child who has been
aged-out (beyond 18 years of age) may
 still be the beneficiary of RA 9225 so
long as he was born when either or both
of her parents was still a Filipino
citizens.
 However, he must apply for
reacquisition on his own behalf, no
longer as a derivative beneficiary
 RA 9225 also benefits adopted children who
are minors when they were adopted by their
Filipino parents.
 The nationality of the adopted children does
not matter as the source of their right to
become Filipino is the nationality of their
adopting parents.
 As proof of reacquisition, the best proof that
they can present are their old passports and
in their absence, a duly-certified birth
certificate.
 The beneficiaries of RA 9225 are natural-
born citizens once more, hence:
- They are restored to their civil and
political rights
- They can acquire properties without
limitations
- They can practice professions, the
practice of law, and to take the bar
exams
- The right to vote and be voted for
 However, the right to hold and elective office
is conditioned upon the person’s
renunciation of his foreign citizenship, he
must execute a renunciation first before he
can become a candidate and hold public
office.
 Section 5(2) of RA 9225 concerns elective
public office, and requires the execution of a
“personal and sworn renunciation of any and
all foreign citizenship before any public
officer authorized to administer an oath.”
 Section 5(3) of RA 9225 concerns
appointive public office, and requires
prospective appointees to “renounce their
oath of allegiance to the country where they
took oath.”
Republic Act No. 9225 August 29, 2003 AN ACT
MAKING THE CITIZENSHIP OF PHILIPPINE
CITIZENS WHO ACQUIRE FOREIGN
CITIZENSHIP PERMANENT. AMENDING FOR
THE PURPOSE COMMONWEALTH ACT. NO. 63,
AS AMENDED AND FOR OTHER PURPOSES
Section 1. Short Title – this act shall be known as
the "Citizenship Retention and Re-acquisition Act
of 2003."
Section 2. Declaration of Policy - It is hereby
declared the policy of the State that all Philippine
citizens of another country shall be deemed not to
have lost their Philippine citizenship under the
conditions of this Act.
Section 3. Retention of Philippine Citizenship -
Any provision of law to the contrary notwithstanding,
natural-born citizenship by reason of their
naturalization as citizens of a foreign country are
hereby deemed to have re-acquired Philippine
citizenship upon taking the following oath of
allegiance to the Republic:
"I _____________________, solemny
swear (or affrim) that I will support and
defend the Constitution of the Republic of
the Philippines and obey the laws and legal
orders promulgated by the duly constituted
authorities of the Philippines; and I hereby
declare that I recognize and accept the
supreme authority of the Philippines and will
maintain true faith and allegiance thereto;
and that I imposed this obligation upon
myself voluntarily without mental reservation
or purpose of evasion."
Natural born citizens of the Philippines who, after the
effectivity of this Act, become citizens of a foreign
country shall retain their Philippine citizenship upon
taking the aforesaid oath.
Section 4. Derivative Citizenship - The unmarried
child, whether legitimate, illegitimate or adopted,
below eighteen (18) years of age, of those who re-
acquire Philippine citizenship upon effectivity of this
Act shall be deemed citizenship of the Philippines.
Section 5. Civil and Political Rights and
Liabilities - Those who retain or re-acquire
Philippine citizenship under this Act shall enjoy full
civil and political rights and be subject to all
attendant liabilities and responsibilities under
existing laws of the Philippines and the following
conditions:
(1) Those intending to exercise their right of
surffrage must Meet the requirements under
Section 1, Article V of the Constitution,
Republic Act No. 9189, otherwise known as
"The Overseas Absentee Voting Act of
2003" and other existing laws;
(2) Those seeking elective public in the
Philippines shall meet the qualification
for holding such public office as required
by the Constitution and existing laws
and, at the time of the filing of the
certificate of candidacy, make a personal
 and sworn renunciation of any and all Beneficiaries are deemed Beneficiaries are
foreign citizenship before any public to reacquire their deemed to retain their
officer authorized to administer an oath; Philippine citizenship Philippine citizenship
upon taking the oath of upon taking the same
(3) Those appointed to any public office allegiance to the oath of allegiance.
shall subscribe and swear to an oath of Republic.
allegiance to the Republic of the They become Filipino They are considered
Philippines and its duly constituted citizens once more upon Filipinos from the time
authorities prior to their assumption of taking the oath of they took the oath of
office: Provided, That they renounce their allegiance. allegiance to the
oath of allegiance to the country where Republic.
they took that oath; They could not be They are deemed to
considered Filipinos retain their Philippine
(4) Those intending to practice their during the period when citizenships, as if they
profession in the Philippines shall apply with they naturalized in a never lost the same,
the proper authority for a license or permit to foreign country to the provided they take oath
engage in such practice; and period when they took to the Republic.
oath of allegiance.
(5) That right to vote or be elected or
appointed to any public office in the NOTE CASES:
Philippines cannot be exercised by, or
extended to, those who:  David vs. Agbay, 753 SCRA 526, G.R. No.
199113 March 18, 2015
(a) are candidates for or are
Practice of Profession
occupying any public office in the
country of which they are  The practice of profession is a privilege and
naturalized citizens; and/or is therefore restricted to Philippine citizens.
 Because Filipinos are preferred in the
(b) are in active service as practice of profession in our country.
commissioned or non-  Because certain professions are impressed
commissioned officers in the armed with public interest, with some requiring a
forces of the country which they are certain cause of patriotism and loyalty, that
naturalized citizens. only Filipinos are allowed to engage in that
profession.
NOTE CASES:  Hence, while a foreigner is allowed to
practice his profession in our country, he
 Jacot vs. Dal, 572 SCRA 295, G.R. No. must first seek a license or permit from the
179848 November 27, 2008 appropriate government authority.
 Sobejana-Condon vs. Commission on
Elections, 678 SCRA 267, G.R. No. NOTE CASES:
198742 August 10, 2012
 Maquiling vs. Commission on Elections,  In Re: Petition to Re-Acquire the Privilege
696 SCRA 420, G.R. No. 195649 April 16, to Practice Law in the Philippines, 677
2013 SCRA 364, B.M. No. 2112 July 24, 2012
 Arnado vs. Commission on Elections, General Principles in Dealing with Conflict of
767 SCRA 168, G.R. No. 210164 August Nationality Laws
18, 2015
Hague Convention on Certain Questions Relating to
Reacquisition v. Retention
the Conflict of Nationality Laws:
Two Groups of
Beneficiaries under RA CHAPTER I GENERAL PRINCIPLES.
9225
FIRST GROUP SECOND GROUP Article 1.
It is for each State to determine under its
Those who naturalized in Those who naturalized
own law who are its nationals. This law shall be
a foreign country before in a foreign country after
recognized by other States in so far as it is
the effectivity of RA the effectivity of RA
consistent with international conventions,
9225. 9225.
international custom, and the principles of law
generally recognised with regard to nationality.
Article 2.
Any question as to whether a person
possesses the nationality of a particular State shall
be determined in accordance with the law of the
State.
Article 3.
Subject to the provisions of the present
Convention, person having two or more nationalities
may be regarded as its national by each of the
States whose nationality he possesses.
Article 4.
A State may not afford diplomatic protection
to one of its national against a State whose
nationality such person also possesses.
Article 5.
Within a third State, a person having more
than one nationality shall be treated as if he had only
one. Without prejudice to the application of its law in
matters of personal status and of any conventions in
force, a third State shall, of the nationalities which
any such person possesses, recognise exclusively
in its territory either the nationality of the country in
which he is habitually and principally resident, or the
nationality of the country with which in the
circumstances he appears to be in fact most closely
connected.
Article 6.
Without prejudice to the liberty of a State to
accord wider rights to renounce its nationality, a
person possessing two nationalities acquired without
any voluntary act on his part may renounce one of
them with the authorization of the State whose
nationality he desires to surrender.
This authorization may not be refused in the
case of a person who has his habitual and principal
resident abroad, if the conditions laid down in the
law of the State whose nationality he desires to
surrender are satisfied.
Chapter VI – DOMICILE
Domicile
- relation which the law creates between an
individual and a particular locality or country
- place where a person has his true, fixed ,
permanent home and principal establishment , and
to which, whenever he is absent, he has the
intention of returning, and from which he has no
present intention of moving.
- includes twin elements:
1. physical presence in a fixed place;and
2. animus manendi (intention of returning there
permanently)
Domicile vs Residence
- residence is used to indicate a place of abode,
whteher permanent or temporary, while domicile
denotes a fixed permanent residence to which one
intends to return when absent.
- domicile implies something more permanent while
residence
-a person may have several residences, but he can
only have one domicile.
Kinds of Domicile:
1. Domicile of origin/birth – domicile of a person’s
parents, the head of his family, or the person on
whom he is legally dependent, at the time of his
birth.
2. Domicile of choice – place chosen by a person to
replace his former domicile.
3. Domicile by operation of law – domicile
assigned/attributed by law to a person
(ex. Relation of husband and wife or parent and
child)
Domicile and Citizenship
Citizenship may be presumed from one’s domicile
but this presumption is disputable. Domicile however
does not ipso facto prove citizenship.
Establishing residency or domicile is easier than
obtaining citizenship.
Loss and retention
Acts indicative of domicile are a person’s residence,
membership in church, voting, holding office, paying
taxes, and ownership of property.
The question of domicile is determined by the law of
the forum state.
To successfully effect a change of domicile one
must demonstrate:

1. an actual removal or an actual change of
domicile;
2. a bona fide intention of abandoning the former
place of residence and establishing a new one;and
3. acts which correspond with the purpose.
Marcos vs. COMELEC
- when Constitution speaks of 'residence' in election
law it actually means only domicile.
- the absence from legal residence or domicile to
pursue a profession, to study or to do other things of
a temporary or semi-permanent nature does not
constitute loss of residence.
Jalosjos vs COMELEC
- A candidate is not required to have a house in a
community to establish his residence or domicile in a
particular place. It is sufficient that he should live
there even if it be in a rented house or in the house
of a friend or relative. To insist that the candidate
own the house where he lives would make property
a qualification for public office.
Permanent Residency Overseas and the Process
of Foreign Naturalization
Getting permanent resident status in the United
States necessarily unless abadonment of the foreign
domicile of the green card holder.
Compared to holders of tourist or student visas,
these latter categories only allow temporary stay in
the US with the holders thereof still maintaining their
domicile in their country of origin.
Coquilla vs COMELEC
-Naturalization in a foreign country may result in an
abandonment of domicile in the Philippines.
Caballero vs COMELEC
- Petitioner's retention of his Philippine citizenship
under RA 9225 did not automatically make him
regain his residence in Uyugan, Batanes. He must
stil prove that after becoming a Filipino citizen he
had reestablished Uyugan as his new domicile of
choice which is reckoned from the time he made it
as such.
ABSENTEE VOTING AND DOMICILE
Article V, Sec 1 of the Constitution
"Suffrage may be exercised by all citizens of the
Philippines not otherwise disqualified by law, who
are at least eighteen years of age, and who shall
have resided in the Philippines for at least one year
and in the place wherein they propose to vote for at
least six months immediately preceding the
election.."
Read case of Macalintal vs. COMELEC on the
constitutionality of Sec 5 of RA 9189
Republic Act No. 10590
The Overseas Voting Act of 2013
Pertinent provisions in relation to Conflicts of Law:
Section 3. Section 4 of the same Act is hereby
amended to read as follows:
"SEC. 4. Coverage. - All citizens of the Philippines
abroad, who are not otherwise disqualified by law, at
least eighteen (18) years of age on the day of
elections, may vote for President, Vice-President,
Senators and Party-List Representatives, as well as
in all national referenda and plebiscites."
Section 4. Section 5 of the same Act is hereby
amended to read as follows:
"SEC. 5. Disqualifications. - The following shall be
disqualified from registering and voting under this
Act:
"(a) Those who have lost their Filipino citizenship in
accordance with Philippine laws;
"(b) Those who have expressly renounced their
Philippine citizenship and who have pledged
allegiance to a foreign country, except those who
have reacquired or retained their Philippine
citizenship under Republic Act No. 9225, otherwise
known as the 'Citizenship Retention and
Reacquisition Act of 2003′;
"(c) Those who have committed and are convicted in
a final judgment by a Philippine court or tribunal of
an offense punishable by imprisonment of not less
than one (1) year, such disability not having been
removed by plenary pardon or amnesty: Provided,
however, That any person disqualified to vote under
this subsection shall automatically acquire the right
to vote upon the expiration of five (5) years after
service of sentence; and
"(d) Any citizen of the Philippines abroad previously
declared insane or incompetent by competent
authority in the Philippines or abroad, as verified by
the Philippine embassies, consulates or foreign
service establishments concerned, unless such
competent authority subsequently certifies that such
person is no longer insane or incompetent."
Venue in Estate Proceedings
Residence for venue purposes, usually refers only
to actual residence or place of abode, not to a
person's domicile.