Upload
doris-flores
View
226
Download
0
Embed Size (px)
Citation preview
7/29/2019 Chapter 3, Conflict of laws
1/32
GROUP 2: Doris Y. Flores, Jun Diego Inapan,Kathleen S. Tabares, Marife F. Eleco
7/29/2019 Chapter 3, Conflict of laws
2/32
Three most common Personal Laws
Nationality Rule Domiciliary Rule Eclectic Theory
7/29/2019 Chapter 3, Conflict of laws
3/32
The status and capacity of an individualare generally governed by the law of his
nationality
Nationality Rule
7/29/2019 Chapter 3, Conflict of laws
4/32
Art. 15. Laws relating to family rights andduties, or to the status, condition and legal
capacity of persons are binding upon
citizens of the Philippines, even though
living abroad.
7/29/2019 Chapter 3, Conflict of laws
5/32
The status, condition, rights, obligations, &
capacity of a person should be governed by the
law of his domicile
Domiciliary Rule
7/29/2019 Chapter 3, Conflict of laws
6/32
The capacity, legal condition, or status ofan individual should be governed by the law of
the place where an important element of the
problem occurs of situated.
Situs or Eclectic Theory
7/29/2019 Chapter 3, Conflict of laws
7/32
CITIZENSHIP
7/29/2019 Chapter 3, Conflict of laws
8/32
NATURAL PERSON
JURIDICALPERSON
7/29/2019 Chapter 3, Conflict of laws
9/32
NATURAL PERSON under the constitution is
considered a Filipino
citizen.
7/29/2019 Chapter 3, Conflict of laws
10/32
JURIDICAL PERSON- at 60% of
whose capital is owned by Filipinonatural persons.
NATURALPERSON
7/29/2019 Chapter 3, Conflict of laws
11/32
WAYS OF ACQUIRING CITIZENSHIP
1. BY BIRTH
2. BY NATURALIZATION
7/29/2019 Chapter 3, Conflict of laws
12/32
KINDS OF CITIZENSHIP
1. NATURAL BORN
2. NATURALIZED
7/29/2019 Chapter 3, Conflict of laws
13/32
PROBLEMS IN APPLYING THE
NATIONALITY PRINCIPLE
1. MULTIPLE CITIZENSHIP
FAILURE TO COMPLY LEGISLATIVE ACT
COMBINED APPLICATION VOLUNTARY ACT
7/29/2019 Chapter 3, Conflict of laws
14/32
PROBLEMS IN APPLYING THE
NATIONALITY PRINCIPLE
2. STATELESSNESS
DEPRIVATION VOLUNTARY RELEASE
RENUNCIATION APPLICABLE PRINCIPLE
7/29/2019 Chapter 3, Conflict of laws
15/32
DUAL CITIZENSHIP
PRINCIPLE
OF JUS SOLI.
BORN IN THE
PHILIPPINES
WITH ALIEN
FATHERS
THOSE WHO
MARRY ALIENS
7/29/2019 Chapter 3, Conflict of laws
16/32
LOSS OF CITIZENSHIP
NATURALIZATION IN AFOREIGN COUNTRY
7/29/2019 Chapter 3, Conflict of laws
17/32
NATURALIZATION IN AFOREIGN COUNTRY
EXPRESS RENUNCIATION
LOSS OF CITIZENSHIP
7/29/2019 Chapter 3, Conflict of laws
18/32
EXPRESS RENUNCIATION
NATURALIZATION IN A
FOREIGN COUNTRY
SUBSCRIBING TO ANOATH OF ALLEGIANCE
LOSS OF CITIZENSHIP
7/29/2019 Chapter 3, Conflict of laws
19/32
SUBSCRIBING TO AN
OATH OF ALLEGIANCE
EXPRESS RENUNCIATION
NATURALIZATION IN AFOREIGN COUNTRY
ACCEPTING COMMISSIONIN THE MILITARY
LOSS OF CITIZENSHIP
7/29/2019 Chapter 3, Conflict of laws
20/32
NATURALIZATION IN AFOREIGN COUNTRY
CANCELLATION
ACCEPTING COMMISSIONIN THE MILITARY
EXPRESS RENUNCIATION
SUBSCRIBING TO AN OATH
OF ALLEGIANCE
LOSS OF CITIZENSHIP
7/29/2019 Chapter 3, Conflict of laws
21/32
EXPRESS RENUNCIATION
SUBSCRIBING TO ANOATH OF ALLEGIANCE
CANCELLATION
ACCEPTING COMMISSIONIN THE MILITARY
DECLARATION
LOSS OF CITIZENSHIP
NATURALIZATION IN AFOREIGN COUNTRY
7/29/2019 Chapter 3, Conflict of laws
22/32
EXPRESS RENUNCIATION
SUBSCRIBING TO ANOATH OF ALLEGIANCE
CANCELLATION
ACCEPTING COMMISSIONIN THE MILITARY
DECLARATION
UPON HE MARRIAGE TO
A FOREIGNER
LOSS OF CITIZENSHIP
NATURALIZATION IN AFOREIGN COUNTRY
7/29/2019 Chapter 3, Conflict of laws
23/32
Direct act ofCongress
NaturalizationAdministrative
Repatriation
FilipinoCitizenship
Re-acquisition of
RE-ACQUISITION OF FILIPINO CITIZENSHIP
7/29/2019 Chapter 3, Conflict of laws
24/32
DOMICILE
7/29/2019 Chapter 3, Conflict of laws
25/32
DOMICILE BY
OPERATION OF
LAW
DOMICILE OF
CHOICE
DOMICILE OF
ORIGIN OR
BIRTH
KINDS OF DOMICILE
7/29/2019 Chapter 3, Conflict of laws
26/32
2Once established remains
1Domicile somewhere
3Only one domicile at a time
ESTABLISHED RULES IN DETERMINING
DOMICILE
REQUIREMENTS IN CHANGING DOMICILE OF
7/29/2019 Chapter 3, Conflict of laws
27/32
ACTUALBONAFIDEINTENTION
PURPOSE
Removal orChange
*Abandoningthe former
*establishinga new one
Acts whichcorrespond
the purpose
REQUIREMENTS IN CHANGING DOMICILE OF
ORIGIN OR DOMICILE OF CHOICE
7/29/2019 Chapter 3, Conflict of laws
28/32
CONCURRENCE FOR A NEW DOMICILE
BodilyPresence Intention
to remain
Intention
toabandon
DOMICILE OFCHOICE
7/29/2019 Chapter 3, Conflict of laws
29/32
ART. 69. The husband and wife shall fix the family domicile.
xxx
Domicile of wife and minor children
7/29/2019 Chapter 3, Conflict of laws
30/32
Domicile
fixed residence to which, whenabsent one has the intention of returning
Residence
a place of abode whetherpermanent or temporary
7/29/2019 Chapter 3, Conflict of laws
31/32
Domicile
and
Venue
7/29/2019 Chapter 3, Conflict of laws
32/32