GROUP 2: Doris Y. Flores, Jun Diego Inapan, Kathleen S. Tabares, Marife F.

Eleco

Three most common Personal Laws

Nationality Rule

Domiciliary Rule

Eclectic Theory

Nationality Rule

The status and capacity of an individual are generally governed by the law of his nationality

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 Rule

The status, condition, rights, obligations, & capacity of a person should be governed by the law of his domicile

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 of situated.

CITIZENSHIP

CONCEPT OF CITIZEN

NATURAL PERSON

JURIDICAL PERSON

CONCEPT OF CITIZEN

NATURAL PERSON under the constitution is considered a Filipino citizen.

CONCEPT OF CITIZEN

NATURAL PERSON

JURIDICAL PERSON- at 60% of whose capital is owned by Filipino natural persons.

WAYS OF ACQUIRING CITIZENSHIP

1. BY BIRTH

2. BY NATURALIZATION

KINDS OF CITIZENSHIP

1. NATURAL BORN

2. NATURALIZED

PROBLEMS IN APPLYING THE NATIONALITY PRINCIPLE

1. MULTIPLE CITIZENSHIP

FAILURE TO COMPLY

LEGISLATIVE ACT

COMBINED APPLICATION

VOLUNTARY ACT

PROBLEMS IN APPLYING THE NATIONALITY PRINCIPLE

2. STATELESSNESS

DEPRIVATION

VOLUNTARY RELEASE

RENUNCIATION

APPLICABLE PRINCIPLE

DUAL CITIZENSHIP

PRINCIPLE OF JUS SOLI

BORN IN THE PHILIPPINES WITH ALIEN FATHERS

THOSE WHO MARRY ALIENS

LOSS OF CITIZENSHIP
NATURALIZATION IN A FOREIGN COUNTRY

LOSS OF CITIZENSHIP
NATURALIZATION IN A FOREIGN COUNTRY EXPRESS RENUNCIATION

LOSS OF CITIZENSHIP
NATURALIZATION IN A FOREIGN COUNTRY SUBSCRIBING TO AN OATH OF ALLEGIANCE

EXPRESS RENUNCIATION

LOSS OF CITIZENSHIP
NATURALIZATION IN A FOREIGN COUNTRY EXPRESS RENUNCIATION SUBSCRIBING TO AN OATH OF ALLEGIANCE ACCEPTING COMMISSION IN THE MILITARY

LOSS OF CITIZENSHIP
NATURALIZATION IN A FOREIGN COUNTRY
EXPRESS RENUNCIATION

SUBSCRIBING TO AN OATH OF ALLEGIANCE

ACCEPTING COMMISSION IN THE MILITARY CANCELLATION

LOSS OF CITIZENSHIP
NATURALIZATION IN A FOREIGN COUNTRY EXPRESS RENUNCIATION SUBSCRIBING TO AN OATH OF ALLEGIANCE ACCEPTING COMMISSION IN THE MILITARY CANCELLATION

DECLARATION

LOSS OF CITIZENSHIP
NATURALIZATION IN A FOREIGN COUNTRY EXPRESS RENUNCIATION SUBSCRIBING TO AN OATH OF ALLEGIANCE ACCEPTING COMMISSION IN THE MILITARY CANCELLATION

DECLARATION UPON HE MARRIAGE TO A FOREIGNER

RE-ACQUISITION OF FILIPINO CITIZENSHIP

Direct act of Congress

Naturalization

Administrative Repatriation

Re-acquisition of

Filipino Citizenship

DOMICILE

KINDS OF DOMICILE
DOMICILE BY OPERATION OF LAW

DOMICILE OF CHOICE DOMICILE OF ORIGIN OR BIRTH

ESTABLISHED RULES IN DETERMINING DOMICILE

Domicile somewhere

Once established remains

Only one domicile at a time

REQUIREMENTS IN CHANGING DOMICILE OF ORIGIN OR DOMICILE OF CHOICE

ACTUAL

BONAFIDE INTENTION

PURPOSE

Removal or Change

*Abandoning the former *establishing a new one

Acts which correspond the purpose

CONCURRENCE FOR A NEW DOMICILE

Bodily Presence

Intention to remain

DOMICILE OF CHOICE
Intention to abandon

Domicile of wife and minor children

ART. 69. The husband and wife shall fix the family domicile. xxx

Domicile fixed residence to which, when absent one has the intention of returning Residence a place of abode whether permanent or temporary

Domicile
and

Venue