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Philippine Citizenship Laws Overview

This document contains provisions from Commonwealth Act No. 473 and Commonwealth Act No. 625 which outline the requirements and process for acquiring Philippine citizenship through naturalization. Some key points: 1) Commonwealth Act No. 473, also known as the Revised Naturalization Law, establishes the qualifications needed to become a citizen of the Philippines by naturalization, including age, residence period, good moral character, ownership of property or occupation, and language abilities. 2) Special qualifications are outlined that reduce the required residence period to 5 years, such as government service, establishing industry, being married to a Filipino, or teaching in the Philippines. 3) Those disqualified from naturalization include opponents of organized government

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0% found this document useful (0 votes)
86 views13 pages

Philippine Citizenship Laws Overview

This document contains provisions from Commonwealth Act No. 473 and Commonwealth Act No. 625 which outline the requirements and process for acquiring Philippine citizenship through naturalization. Some key points: 1) Commonwealth Act No. 473, also known as the Revised Naturalization Law, establishes the qualifications needed to become a citizen of the Philippines by naturalization, including age, residence period, good moral character, ownership of property or occupation, and language abilities. 2) Special qualifications are outlined that reduce the required residence period to 5 years, such as government service, establishing industry, being married to a Filipino, or teaching in the Philippines. 3) Those disqualified from naturalization include opponents of organized government

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Ayen G
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd

CONFLICTS OF LAW TITLE 1

be imposed on anyone found guilty of fraud or


Article IV Section 1-5 Philippine Constitution falsehood in making the statement herein prescribed.
Section 5. This Act shall take effect upon its
ARTICLE IV approval.
Citizenship Approved, June 7, 1941.

SECTION 1. The following are citizens of the


Philippines: June 17, 1939
(1) Those who are citizens of the Philippines at the COMMONWEALTH ACT NO. 473
time of the adoption of this Constitution; AN ACT TO PROVIDE FOR THE ACQUISITION OF
(2) Those whose fathers or mothers are citizens of the PHILIPPINE CITIZENSHIP BY NATURALIZATION,
Philippines; AND TO REPEAL ACTS NUMBERED TWENTY-
(3) Those born before January 17, 1973, of Filipino NINE HUNDRED AND TWENTY-SEVEN AND
mothers, who elect Philippine citizenship upon THIRTY-FOUR HUNDRED AND FORTY-EIGHT
reaching the age of majority; and SECTION 1. Title of Act. — This Act shall be known
(4) Those who are naturalized in accordance with law. and may be cited as the "Revised Naturalization
Law." cdasia
SECTION 2. Natural-born citizens are those who are SECTION 2. Qualifications. — Subject to section four
citizens of the Philippines from birth without having to of this Act, any person having the following
perform any act to acquire or perfect their Philippine qualifications may become a citizen of the Philippines
citizenship. Those who elect Philippine citizenship in by naturalization:
accordance with paragraph (3), Section 1 hereof shall First. He must be not less than twenty-one years of
be deemed natural-born citizens. age on the day of the hearing of the petition;
Second. He must have resided in the Philippines for a
SECTION 3. Philippine citizenship may be lost or continuous period of not less than ten years;
reacquired in the manner provided by law. Third. He must be of good moral character and
believes in the principles underlying the Philippine
SECTION 4. Citizens of the Philippines who marry Constitution, and must have conducted himself in a
aliens shall retain their citizenship, unless by their act proper and irreproachable manner during the entire
or omission they are deemed, under the law, to have period of his residence in the Philippines in his
renounced it. relation with the constituted government as well as
with the community in which he is living.
SECTION 5. Dual allegiance of citizens is inimical to Fourth. He must own real estate in the Philippines
the national interest and shall be dealt with by law. worth not less than five thousand pesos, Philippine
currency, or must have some known lucrative trade,
profession, or lawful occupation;
COMMONWEALTH ACT No. 625 Fifth. He must be able to speak and write English or
AN ACT PROVIDING THE MANNER IN WHICH THE Spanish and any of the principal Philippine
OPTION TO ELECT PHILIPPINE CITIZENSHIP languages;
SHALL BE DECLARED BY A PERSON WHOSE Sixth. He must have enrolled his minor children of
MOTHER IS A FILIPINO CITIZEN school age, in any of the public schools or private
Be it enacted by the National Assembly of the schools recognized by the Office of Private Education
Philippines: of the Philippines, where Philippine history,
Section 1. The option to elect Philippine citizenship in government and civics are taught or prescribed as
accordance with subsection (4), section 1, Article IV, part of the school curriculum, during the entire period
of the Constitution1 shall be expressed in a statement of the residence in the Philippines required of him
to be signed and sworn to by the party concerned prior to the hearing of his petition for naturalization as
before any officer authorized to administer oaths, and Philippine citizen.
shall be filed with the nearest civil registry. The said SECTION 3. Special Qualifications. — The ten years
party shall accompany the aforesaid statement with of continuous residence required under the second
the oath of allegiance to the Constitution and the condition of the last preceding section shall be
Government of the Philippines. understood as reduced to five years for any petitioner
Section 2. If the party concerned is absent from the having any of the following qualifications.
Philippines, he may make the statement herein (1) Having honorably held office under the
authorized before any officer of the Government of Government of the Philippines or under that of any of
the United States2 authorized to administer oaths, the provinces, cities, municipalities, or political
and he shall forward such statement together with his subdivisions thereof;
oath of allegiance, to the Civil Registry of Manila. (2) Having established a new industry or introduced a
Section 3. The civil registrar shall collect as filing fees useful invention in the Philippines;
of the statement, the amount of ten pesos. (3) Being married to a Filipino woman;
Section 4. The penalty of prision correccional, or a (4) Having been engaged as a teacher in the
fine not exceeding ten thousand pesos, or both, shall Philippines in a public or

Page 1 of 13
CONFLICTS OF LAW TITLE 1

CD Technologies Asia, Inc. 2018 cdasiaonline.com SECTION 6. Widow and Minor Children of Aliens
Dying After Declaration of Intention not Required to
recognized private school not established for the File Declaration of Intention. — When any alien who
exclusive instruction of children of persons of a has declared his
particular nationality or race, in any of the branches of CD Technologies Asia, Inc. 2018 cdasiaonline.com
education or industry for a period of not less than two
years; intention to become a citizen of the Philippines dies
(5) Having been born in the Philippines. before he is actually naturalized the widow and minor
SECTION 4. Who are Disqualified. — The following children of such alien may, be complying with the
can not be naturalized as Philippine citizens: other provisions of this Act, be naturalized without
(a) Persons opposed to organized government or making any declaration of intention.
affiliated with any association or group of persons SECTION 7. Petition for Citizenship. — Any person
who uphold and teach doctrines opposing all desiring to acquire Philippine citizenship shall file with
organized governments; the competent court, a petition in triplicate,
(b) Persons defending or teaching the necessity or accompanied by two photographs of the petitioner,
propriety of violence, personal assault, or setting forth his name and surname; his present and
assassination for the success and predominance of former places of residence; his occupation; the place
their ideas; and date of his birth; whether single or married and if
(c) Polygamists or believers in the practice of the father of children, the name, age, birthplace and
polygamy; residence of the wife and of the children; the
(d) Persons convicted of crimes involving moral approximate date of his or her arrival in the
turpitude; Philippines, the name of the port of debarkation, and,
(e) Persons suffering from mental alienation or if he remembers it, the name of the ship on which he
incurable contagious diseases; came; a declaration that he has the qualifications
(f) Persons who, during the period of their residence required by this Act, specifying the same, and that he
in the Philippines, have not mingled socially with the is not disqualified for naturalization under the
Filipinos, or who have not evinced a sincere desire to provisions of this Act; that he has complied with the
learn and embrace the customs, traditions, and ideals requirements of section five of this Act; and that he
of the Filipinos; will reside continuously in the Philippines from the
(g) Citizens or subjects of nations with whom the date of the filing of the petition up to the time of his
United States and the Philippines are at war, during admission to Philippine citizenship. The petition must
the period of such war; be signed by the applicant in his own handwriting and
(h) Citizens or subjects of a foreign country other than be supported by the affidavit of at least two credible
the United States, whose laws do not grant Filipinos persons, stating that they are citizens of the
the right to become naturalized citizens or subjects Philippines and personally know the petitioner to be a
thereof. resident of the Philippines for the period of time
SECTION 5. Declaration of Intention. — One year required by this Act and a person of good repute and
prior to the filing of his petition for admission to morally irreproachable, and that said petitioner has in
Philippine citizenship, the applicant for Philippine their opinion all the qualifications necessary to
citizenship shall file with the Bureau of Justice a become a citizen of the Philippines and is not in any
declaration under oath that it is bona fide his intention way disqualified under the provisions of this Act. The
to become a citizen of the Philippines. Such petition shall also set forth the names and post-office
declaration shall set forth the name, age, occupation, addresses of such witnesses as the petitioner may
personal description, place of birth, last foreign desire to introduce at the hearing of the case. The
residence and allegiance, the date of arrival, the certificate of arrival, and the declaration of intention
name of the vessel or aircraft, if any, in which he must be made part of the petition.
came to the Philippines, and the place of residence in SECTION 8. Competent Court. — The Court of First
the Philippines at the time of making the declaration. Instance of the province in which the petitioner has
No declaration shall be valid until lawful entry for resided at least one year immediately preceding the
permanent residence has been established and a filing of the petition shall have exclusive original
certificate showing the date, place, and manner of his jurisdiction to hear the petition.
arrival has been issued. The declarant must also state SECTION 9. Notification and Appearance. —
that he has enrolled his minor children, if any, in any Immediately upon the filing of a petition, it shall be the
of the public schools or private schools recognized by duty of the clerk of the court to publish the same at
the Office of Private Education of the Philippines, petitioner's expense, once a week for three
where Philippine history, government, and civics are consecutive weeks, in the Official Gazette, and in one
taught or prescribed as part of the school curriculum, of the newspapers of general circulation in the
during the entire period of the residence in the province where the petitioner resides, and to have
Philippines required of him prior to the hearing of his copies of said petition and a general notice of the
petition for naturalization as Philippine citizen. Each hearing posted in a public and conspicuous place in
declarant must furnish two photographs of himself. his office or in the building where said office is
located, setting forth in such notice the name,

Page 2 of 13
CONFLICTS OF LAW TITLE 1

birthplace and residence of the petitioner, the date subject or citizen; that I will support and defend the
and place of his arrival in the Philippines, the names Constitution of the Philippines and that I will obey the
of the witnesses whom the petitioner proposes to laws, legal orders and decrees promulgated by the
introduce in support of his petition, and the date of the duly constituted authorities of the Commonwealth of
hearing of the petition, which hearing shall not be held the Philippines; and I hereby declare that I recognize
within ninety days from the date of the last publication and accept the supreme authority of the United States
of the notice. The clerk shall, as soon as possible, of America in the Philippines and will maintain true
forward copies of the petition, the sentence, the faith and allegiance thereto; and that I impose this
naturalization certificate, and other pertinent data to obligation upon myself voluntarily without mental
the Department of the Interior, the Bureau of Justice, reservation or purpose of evasion.
the Provincial Inspector of the Philippine Constabulary "So help me God."
of the Province and the justice of the peace of the SECTION 13. Record Books. — The clerk of the court
municipality wherein the petitioner resides. shall keep two books; one in which the petitions and
SECTION 10. Hearing of the Petition. — No petition declarations of intention shall be recorded in
shall be heard within the thirty days preceding any chronological order, noting all proceedings thereof
election. The hearing shall be public, and the from the filing of the petition to the final issuance of
Solicitor-General, either himself or through his the naturalization certificate; and another, which shall
delegate or the provincial fiscal concerned, shall be a record of naturalization certificates each page of
appear on behalf of the Commonwealth of the which shall have a duplicate which shall be duly
Philippines at all the proceedings and at the hearing. attested by the clerk of the court and delivered to the
If, after the hearing, the court believes, in view of the petitioner.
evidence taken, that the petitioner has all the SECTION 14. Fees. — The clerk of the Court of First
qualifications required by, and none of the Instance shall charge as fees for recording a petition
disqualifications specified in, this Act and has for naturalization and for the proceedings in
complied with all requisites herein established, it shall connection therewith, including the issuance of the
order the proper naturalization certificate, the sum of thirty pesos.
CD Technologies Asia, Inc. 2018 cdasiaonline.com The clerk of the Supreme Court shall collect for each
appeal and for the services rendered by him in
certificate to be issued and the registration of the said connection therewith, the sum of twenty-four pesos.
naturalization certificate in the proper civil registry as SECTION 15. Effect of the Naturalization on Wife and
required in section ten of Act Numbered Three Children. — Any woman who is now or may hereafter
thousand seven hundred and fifty-three. be married to a citizen of the Philippines, and who
SECTION 11. Appeal. — The final sentence may, at might herself be lawfully naturalized shall be deemed
the instance of either of the parties, be appealed to a citizen of the Philippines.
the Supreme Court. CD Technologies Asia, Inc. 2018 cdasiaonline.com
SECTION 12. Issuance of the Certificate of
Naturalization. — If, after the lapse of thirty days from Minor children of persons naturalized under this law
and after the date on which the parties were notified who have been born in the Philippines shall be
of the decision of the Court, no appeal has been filed, considered citizens thereof.
or if, upon appeal, the decision of the court has been A foreign-born minor child, if dwelling in the
confirmed by the Supreme Court, and the said Philippines at the time of the naturalization of the
decision has become final, the clerk of the court which parent, shall automatically become a Philippine
heard the petition shall issue to the petitioner a citizen, and a foreign- born minor child, who is not in
naturalization certificate which shall, among other the Philippines at the time the parent is naturalized,
things, state the following: The file number of the shall be deemed a Philippine citizen only during his
petition, the number of the naturalization certificate, minority, unless he begins to reside permanently in
the signature of the person naturalized affixed in the the Philippines when still a minor, in which case, he
presence of the clerk of the court, the personal will continue to be a Philippine citizen even after
circumstances of the person naturalized, the dates on becoming of age.
which his declaration of intention and petition were A child born outside of the Philippines after the
filed, the date of the decision granting the petition, naturalization of his parent, shall be considered a
and the name of the judge who rendered the decision. Philippine citizen, unless within one year after
A photograph of the petitioner, with the dry seal reaching the age of majority, he fails to register
affixed thereto of the court, which granted the petition, himself as a Philippine citizen at the American
must be affixed to the certificate. cda Consulate of the country where he resides, and to
Before the naturalization certificate is issued, the take the necessary oath of allegiance.
petitioner shall, in open court, take the following oath: SECTION 16. Right of Widow and Children of
"I, _________________________, solemnly swear Petitioners who have Died. — In case a petitioner
that I renounce absolutely and forever all allegiance should die before the final decision has been
and fidelity to any foreign prince, potentate, state of rendered, his widow and minor children may continue
sovereignty, and particularly to the the proceedings. The decision rendered in the case
__________________ of which at this time I am a shall, so far as the widow and minor children are

Page 3 of 13
CONFLICTS OF LAW TITLE 1

concerned, produce the same legal effect as if it had than five thousand pesos or by imprisonment for not
been rendered during the life of the petitioner. more than five years, or both, and in the case that the
SECTION 17. Renunciation of Title or Orders of person convicted is a naturalized citizen his certificate
Nobility. — In case the alien applying to be admitted of naturalization and the registration of the same in
to citizenship has borne any hereditary title, or has the proper civil registry shall be ordered cancelled.
been of any of the orders of nobility in the Kingdom or SECTION 20. Prescription. — No person shall be
state from which he came, he shall, in addition to the prosecuted, charged, or punished for an offense
above requisites, make an express renunciation of his implying a violation of the provisions of this Act,
title or order of nobility in the court to which his unless the information or complaint is filed within five
application is made, and his renunciation shall be years from the detection or discovery of the
recorded in the court, unless with the express consent commission of said offense.
of the National Assembly. SECTION 21. Regulation and Blanks. — The
SECTION 18. Cancellation of Naturalization Secretary of Justice shall issue the necessary
Certificate Issued. — Upon motion made in the proper regulations for the proper enforcement of this Act.
proceedings by the Solicitor-General or his Naturalization certificate blanks and other blanks
representative, or by the proper provincial fiscal, the required for carrying out the provisions of this Act
competent judge may cancel the naturalization shall be prepared and furnished by the Solicitor-
certificate issued and its registration in the Civil General, subject to the approval of the Secretary of
Register: Justice.
(a) If it is shown that said naturalization certificate was SECTION 22. Repealing Clause. — Act Numbered
obtained fraudulently or illegally. Twenty-nine hundred and twenty- seven as amended
(b) If the person naturalized shall, within the five years by Act Numbered Thirty-four hundred and forty-eight,
next following the issuance of said naturalization entitled "The Naturalization Law", is repealed:
certificate, return to his native country or to some Provided, That nothing in this Act shall be construed
foreign country and establish his permanent to affect any prosecution, suit, action, or proceedings
residence there: Provided, That the fact of the person brought, or any act, thing, or matter, civil or criminal,
naturalized remaining for more than one year in his done or existing before the taking effect of this Act,
native country or the country of his former nationality, but as to all such prosecutions, suits, actions,
or two years in any other foreign country, shall be proceedings, acts, things, or matters, the laws, or
considered as prima facie evidence of his intention of parts of laws repealed or amended by this Act are
taking up his permanent residence in the same; continued in force and effect.
(c) If the petition was made on an invalid declaration SECTION 23. Date when this Act shall take Effect. —
of intention; This Act shall take effect on its approval.
(d) If it is shown that the minor children of the person Approved: June 17, 1939 dctai
naturalized failed to graduate from a public or private CD Technologies Asia, Inc. 2018 cdasiaonline.com
high schools recognized by the Office of Private
Education of the Philippines, where Philippine history,
government and civics are taught as part of the REPUBLIC ACT NO. 9139      June 08, 2001
school curriculum, through the fault of their parents AN ACT PROVIDING FOR THE ACQUISITION OF
either by neglecting to support them or by transferring PHILIPPINE CITIZENSHIP FOR CERTAIN ALIENS
them to another school or schools. A certified copy of BY ADMINISTRATIVE NATURALIZATION AND
the decree cancelling the naturalization certificate FOR OTHER PURPOSES
shall be Be it enacted by the Senate and the House of
CD Technologies Asia, Inc. 2018 cdasiaonline.com Representatives of the Philippines in Congress
assembled:
forwarded by the clerk of the Court to the Department Section 1. Short Title. - This Act shall be known as
of the Interior and the Bureau of Justice. "The Administrative Naturalization Law of 2000."
(e) If it is shown that the naturalized citizen has Section 2. Declaration of Policy. - The State shall
allowed himself to be used as a dummy requiring control and regulate the admission and integration of
Philippine citizenship as a requisite for the exercise, aliens into its territory and body politic including the
use or enjoyment of a right, franchise or privilege. grant of citizenship to aliens. Towards this end, aliens
SECTION 19. Penalties for Violation of this Act. — born and residing in the Philippines may be granted
Any person who shall fraudulently make, falsify, forge, Philippine citizenship by administrative proceedings
change, alter, or cause or aid any person to do the subject to certain requirements dictated by national
same, or who shall purposely aid and assist in falsely security and interest.
making, forging, falsifying, changing or altering a Section 3. Qualifications. - Subject to the provisions
naturalization certificate for the purpose of making of the succeeding section, any person desiring to
use thereof, or in order that the same may be used by avail of the benefits of this Act must meet the
another person or persons, and any person who shall following qualifications:
purposely aid and assist another in obtaining a (a) The applicant must be born in the Philippines and
naturalization certificate in violation of the provisions residing therein since birth;
of this Act, shall be punished by a fine of not more

Page 4 of 13
CONFLICTS OF LAW TITLE 1

(b) The applicant must not be less than eighteen (18) (h) Citizens or subjects of a foreign country whose
years of age, at the time of filing of his/her petition; laws do not grant Filipinos the right to be naturalized
(c) The applicant must be of good moral character citizens or subjects thereof.
and believes in the underlying principles of the Section 5. Petition for Citizenship. - (1) Any person
Constitution, and must have conducted desiring to acquire Philippine citizenship under this
himself/herself in a proper and irreproachable manner Act shall file with the Special Committee on
during his/her entire period of residence in the Naturalization created under Section 6 hereof, a
Philippines in his relation with the duly constituted petition of five (5) copies legibly typed and signed,
government as well as with the community in which thumbmarked and verified by him/her, with the latter's
he/she is living; passport-sized photograph attached to each copy of
(d) The applicant must have received his/her primary the petition, and setting forth the following:
and secondary education in any public school or (a) The petitioner's name and surname, and any other
private educational institution dully recognized by the name he/she has used or by which he/she is known;
Department of Education, Culture and Sports, where (b) The petitioner's present and former places of
Philippine history, government and civics are taught residence;
and prescribed as part of the school curriculum and (c) The petitioner's place and date of birth, the names
where enrollment is not limited to any race or and citizenship of his/her parents and their
nationality: Provided, That should he/she have minor residences;
children of school age, he/she must have enrolled (d) The petitioner's trade, business, profession or
them in similar schools; occupation, and if married, also that of his/her
(e) The applicant must have a known trade, business, spouse;
profession or lawful occupation, from which he/she (e) Whether the petitioner is single or married or
derives income sufficient for his/her support and if his/her marriage is annulled. If married, petitioner
he/she is married and/or has dependents, also that of shall state the date and place of his/her marriage, and
his/her family: Provided, however, That this shall not the name, date of birth, birthplace, citizenship and
apply to applicants who are college degree holders residence of his/her spouse; and if his marriage is
but are unable to practice their profession because annulled, the date of decree of annulment of marriage
they are disqualified to do so by reason of their and the court which granted the same;
citizenship; (f) If the petitioner has children, the name, date and
(f) The applicant must be able to read, write and birthplace and residences of his/her children ;
speak Filipino or any of the dialects of the Philippines; (g) A declaration that the petitioner possesses all the
and qualifications and none of the disqualifications under
(g) The applicant must have mingled with the Filipinos this Act;
and evinced a sincere desire to learn and embrace (h) A declaration that the petitioner shall never be a
the customs, traditions and ideals of the Filipino public charge; and
people. (i) A declaration that it is the petitioner's true and
Section 4. Disqualifications, - The following are not honest intention to acquire Philippine citizenship and
qualified to be naturalized as Filipino citizens under to renounce absolutely and forever any prince,
this Act: potentate, State or sovereign, and particularly the
(a) Those opposed to organized government or country of which the applicant is a citizen or subject.
affiliated with any association of group of persons who (2) The application shall be accompanied by:
uphold and teach doctrines opposing all organized (a) Duplicate original or certified photocopies of
governments; petitioner's birth certificate;
(b) Those defending or teaching the necessity of or (b) Duplicate original or certified photocopies of
propriety of violence, personal assault or petitioner's alien certificate of registration and native
assassination for the success or predominance of born certificate of residence;
their ideas; (c) Duplicate original or certified photocopies of
(c) Polygamists or believers in the practice of petitioner's marriage certified, if married, or the death
polygamy; certificate of his spouse, if widowed, or the court
(d) Those convicted of crimes involving moral decree annulling his marriage, if such was the fact;
turpitude; (d) Duplicate original or certified photocopies of birth
(e) Those suffering from mental alienation or certificates, alien certificate of registration or native
incurable contagious diseases; born certificate of residence if any, of petitioner's
(f) Those who, during the period of their residence in minor children, wherever applicable;
the Philippines, have not mingled socially with (e) Affidavit of financial capacity by the petitioner, and
Filipinos, or who have not evinced a sincere desire to sworn statements on the good moral character of the
learn and embrace the customs, traditions and ideals petitioner by at least two (2) Filipino citizens of good
of the Filipinos; reputation in his/her place of residence stating that
(g) Citizens or subjects with whom the Philippines is they have personally known the petitioner for at least
at war, during the period of such war; and a period of ten (10) years and that said petitioner has
in their own opinion all the qualifications necessary to

Page 5 of 13
CONFLICTS OF LAW TITLE 1

become a citizen of the Philippines and is not in any If the petition is found by the Committee to be wanting
way disqualified under the provisions of this Act; in substance and form, the petition shall be dismissed
(f) A medical certificate that petitioner is not a user of without prejudice.
prohibited drugs or otherwise a drug dependent and Section 8. Approval or Disapproval of the Petition. -
that he/she is not afflicted with acquired immune Within sixty (60) days from receipt of the report of the
deficiency syndrome (AIDS); agencies which were furnished a copy of the petition
(g) School diploma and transcript of records of the or the date of the last publication of the petition,
petitioner in the schools he attended in the whichever comes in later, the Committee shall
Philippines. Should the petitioner have minor children, consider and review all relevant and material
a certification that his children are enrolled in a school information it has received pertaining to the petition,
where Philippine history, government and civics are and may, for the purpose call the petitioner for
taught and are part of the curriculum; and interview to ascertain his/her identity, the authenticity
(h) If gainfully employed, the income tax return for the of the petition and its annexes, and to determine the
past three (3) years. truthfulness of the statements and declarations made
Section 6. Special Committee on Naturalization. - in the petition and its annexes.
There shall be constituted a Special Committee on If the Committee shall have received any information
Naturalization herein referred to as the "Committee", adverse to the petition, the Committee shall allow the
with the Solicitor General as chairman, the Secretary petitioner to answer, explain or refute the information.
of Foreign Affairs, or his representative, and the Thereafter, if the Committee believes, in view of the
National Security Adviser, as members, with the facts before it, that the petitioner has all the
power to approve, deny or reject applications for qualifications and none of the disqualifications
naturalization as provided in this Act. required for Philippine citizenship under this Act, it
The Committee shall meet, as often as practicable, to shall approve the petition and henceforth, notify the
consider applications for naturalization. For this petitioner of the fact of such approval. Otherwise, the
purpose, the chairman and members shall receive an Committee shall disapprove the same.
honorarium of Two thousand pesos (P2,000.00) and Section 9. Decree of Naturalization and
One thousand five hundred pesos (P1,500.00), Naturalization Processing Fee. -Within thirty (30) days
respectively, per meeting attended. from the receipt of the notice of the approval of his/her
Section 7. Powers/Functions of the Special petition, the applicant shall pay to the Committee a
Committee on Naturalization. - An alien who believes naturalization fee of One hundred thousand pesos
that he has all the qualifications, and none of the (P100,000.00) payable as follows: Fifty thousand
disqualifications, may file an application for pesos (P50,000.00) upon the approval of the petition
naturalization with the secretariat of the Special and Fifty thousand pesos (P50,000.00) upon the
Committee on Naturalization, and a processing fee of taking of the oath of allegiance to the Republic of the
Forty thousand pesos (P40,000.00). Thereafter, the Philippines, forthwith, a certificate of naturalization
petition shall be stamped to indicate the date of filing shall be issued. Within sixty (60) days from the
and a corresponding docket number. Within fifteen issuance of the certificate, the petitioner shall take an
(15) days from the receipt of the petition, the oath of allegiance in the proper forum upon proof of
Committee shall determine whether the petition is payment of the required naturalization processing fee
complete in substance and in form. If such petition is and certificate of naturalization. Should the applicant
complete, the Committee shall immediately publish fail to take the abovementioned oath of allegiance
pertinent portions of the petition indicating the name, within said period of time, the approval of the petition
qualifications and other personal circumstances of the shall be deemed abandoned.
applicant, once a week for three (3) consecutive Section 10. Duty of the Bureau of Immigration. -
weeks in a newspaper of general circulation, and Within five (5) days after the applicant has taken his
have copies of the petition posted in any public or oath of allegiance as required in the preceding
conspicuous area. The Committee shall immediately section, the BI shall forward a copy of the petitioner's
furnish the Department of Foreign Affairs (DFA), the oath to the proper local civil registrar. Thereafter, the
Bureau of Immigration (BI), the civil registrar of the BI shall cancel the alien certificates of registration of
petitioner's place of residence and tile National the applicant.
Bureau of Investigation (NBI) copies of the petition Section 11. Status of Alien Wife and Minor Children. -
and its supporting documents. These agencies shall After the approval of the petition for administrative
have copies of the petition posted in any public or naturalization in cancellation of applicant's alien
conspicuous area in their buildings, offices and certificate of registration, applicant's alien lawful wife
premises, and shall, within thirty (30) days from the and minor children may file a petition for cancellation
receipt of the petition, submit to the Committee a of their alien certificates of registration with the
report stating whether or not petitioner has any Committee subject to the payment of the filing fee of
derogatory record on file or any such relevant and Twenty thousand pesos (P20,000.00) and
material information which might be adverse to naturalization fee of Forty thousand pesos
petitioner's application for citizenship. (P40,000.00) payable as follows: Twenty thousand
pesos (P20,000.00) upon the approval of the petition
and Twenty thousand pesos (P20,000.00) upon the

Page 6 of 13
CONFLICTS OF LAW TITLE 1

taking of the oath of allegiance to the Republic of the (P500,OOO.OO) and by imprisonment for not more
Philippines. than five (5) years, and in the case that the person
Section 12. Status of Alien Husband and Minor convicted is a naturalized citizen, his certificate of
Children. - If the applicant is a married woman, the naturalization shall, if not earlier cancelled by the
approval of her petition for administrative Special Committee, be ordered cancelled.
naturalization will not benefit her alien husband but Section 15. Any person who failed to register his/her
her minor children may file a petition for cancellation birth with the concerned city or municipal civil registrar
of their alien certificates of registration with the BI may, within two (2) years from the effectivity of this
subject to the requirements of existing laws. Act, file a petition for the acquisition of the Philippine
Section 13. Cancellation of the Certificate of citizenship: Provided, That the applicant possesses all
Naturalization. - The Special Committee may cancel the qualifications and none of the disqualifications
certificates of naturalization issued under this Act in under this Act and subject to the requirements of
the following cases: existing laws.
(a) If it finds that the naturalized person or his duly Section 16. Special Disposition of the Filing Fee. - An
authorized representative made any false statement amount equivalent to twenty five percent (25%) of the
or misrepresentation or committed any violation of filing fee to be paid by the applicants pursuant to
law, rules and regulations in connection with the Section 7 hereof shall accrue to the University of the
petition for naturalization, or if he otherwise obtains Philippines Law Center and another twenty-five
Philippine citizenship fraudulently or illegally, the percent (25%) shall be allotted for the publication of
certificate of naturalization shall be cancelled; the Journal of the House of Representatives. Said
(b) If the naturalized person or his wife, or any or his amount shall be treated as receipts automatically
minor children who acquire Filipino citizenship by appropriated.
virtue of his naturalization shall, within five (5) years Section 17. Implementing Rules and Regulations. -
next following the grant of Philippine citizenship, The Special Committee on Naturalization is hereby
establish permanent residence in a foreign country, authorized to promulgate such rules and regulations
that individual's certificate of naturalization or acquired as may be needed for the proper implementation of
citizenship shall be cancelled or revoked: Provided, the provisions of this Act.
That the fact of such person's remaining for more than Section 18. Repealing Clause. -All provisions of
one (1) year in his country of origin, or two (2) years in existing laws, orders, decrees, rules and regulations
any foreign country, shall be considered prima facie contrary to or inconsistent with this Act are hereby
evidence of intent to permanently reside therein; repealed or modified accordingly.
(c) If the naturalized person or his wife or child with Section 19. Separability CIause. - If any part, section
acquired citizenship allows himself or herself to be or provision of this Act is declared invalid or
used as a dummy in violation of any constitutional or unconstitutional, the part, section or provision not
legal provision requiring Philippine citizenship as a affected thereby shall continue to be in force and
condition for the exercise, use or enjoyment of a right, effect.
franchise or privilege, the certificate of naturalization Section 20. Effectivity Clause. - This Act shall take
or acquired citizenship shall be cancelled or revoked; effect after fifteen (15) days following its publication in
and at least two (2) newspapers of general circulation.
(d) If the naturalized person or his wife or child with
acquired citizenship commits any act inimical to
national security, the certificate of naturalization or
acquired citizenship shall be cancelled or revoked.
In case the naturalized person holds any hereditary
title, or belong to any order of nobility, he shall make Articles 14-17 Civil Code of the Philippines
an express renunciation of his title or membership in
this order of nobility before the Special Committee or Article 14. Penal laws and those of public security and
its duly authorized representative, and such safety shall be obligatory upon all who live or sojourn
renunciation shall be included in the records of his in the Philippine territory, subject to the principles of
application for citizenship. public international law and to treaty stipulations. (8a)
Section 14. Penalties. - Any person who shall
fraudulently make, falsify, forge, change, alter, or Article 15. Laws relating to family rights and duties, or
cause or aid any person to do the same, or who shall to the status, condition and legal capacity of persons
purposely aid and assist in falsely making, forging, are binding upon citizens of the Philippines, even
falsifying, changing or altering a naturalization though living abroad. (9a)
certificate issued under this proceeding for the
purpose of making use thereof, or in order that the Article 16. Real property as well as personal property
same may be used by another person or persons, is subject to the law of the country where it is
and any person who shall purposely aid and assist stipulated.
another in obtaining a naturalization certificate in
violation of this Act, shall be punished by a fine of not However, intestate and testamentary successions,
more than Five hundred thousand pesos both with respect to the order of succession and to

Page 7 of 13
CONFLICTS OF LAW TITLE 1

the amount of successional rights and to the intrinsic of the place where the will was made, or according to
validity of testamentary provisions, shall be regulated the law of the place in which the testator had his
by the national law of the person whose succession is domicile at the time; and if the revocation takes place
under consideration, whatever may be the nature of in this country, when it is in accordance with the
the property and regardless of the country wherein provisions of this Code. (n)
said property may be found. (10a)
Article 1039. Capacity to succeed is governed by the
Article 17. The forms and solemnities of contracts, law of the nation of the decedent. (n)
wills, and other public instruments shall be governed
by the laws of the country in which they are executed. Article 1306. The contracting parties may establish
such stipulations, clauses, terms and conditions as
When the acts referred to are executed before the they may deem convenient, provided they are not
diplomatic or consular officials of the Republic of the contrary to law, morals, good customs, public order,
Philippines in a foreign country, the solemnities or public policy. (1255a)
established by Philippine laws shall be observed in
their execution. Article 1319. Consent is manifested by the meeting of
the offer and the acceptance upon the thing and the
Prohibitive laws concerning persons, their acts or cause which are to constitute the contract. The offer
property, and those which have for their object public must be certain and the acceptance absolute. A
order, public policy and good customs shall not be qualified acceptance constitutes a counter-offer.
rendered ineffective by laws or judgments Acceptance made by letter or telegram does not bind
promulgated, or by determinations or conventions the offerer except from the time it came to his
agreed upon in a foreign country. (11a) knowledge. The contract, in such a case, is presumed
to have been entered into in the place where the offer
Articles 815-819 Civil Code of the Philippines was made. (1262a)

Article 815. When a Filipino is in a foreign country, he Article 1753. The law of the country to which the
is authorized to make a will in any of the forms goods are to be transported shall govern the liability
established by the law of the country in which he may of the common carrier for their loss, destruction or
be. Such will may be probated in the Philippines. (n) deterioration.
Article 816. The will of an alien who is abroad
produces effect in the Philippines if made with the
formalities prescribed by the law of the place in which Sections 140, 146, 150 of the Revised Corporation
he resides, or according to the formalities observed in Code
his country, or in conformity with those which this
Code prescribes. (n) SEC. 140. Definition and Rights of Foreign
Corporations.  – For purposes of this Code, a foreign
Article 817. A will made in the Philippines by a citizen corporation is one formed, organized or existing under
or subject of another country, which is executed in laws other than those of the Philippines’ and whose
accordance with the law of the country of which he is laws allow Filipino citizens and corporations to do
a citizen or subject, and which might be proved and business in its own country or State. It shall have the
allowed by the law of his own country, shall have the right to transact business in the Philippines after
same effect as if executed according to the laws of obtaining a license for that purpose in accordance
the Philippines. (n) with this Code and a certificate of authority from the
appropriate government agency.
Article 818. Two or more persons cannot make a will
jointly, or in the same instrument, either for their
reciprocal benefit or for the benefit of a third person. SEC. 146. Law Applicable. – A foreign corporation
(669) lawfully doing business in the Philippines shall be
bound by all laws, rules and regulations applicable to
Article 819. Wills, prohibited by the preceding article, domestic corporations of the same class, except
executed by Filipinos in a foreign country shall not be those which provide for the creation, formation,
valid in the Philippines, even though authorized by the organization or dissolution of corporations or those
laws of the country where they may have been which fix the relations, liabilities, responsibilities, or
executed. (733a) duties of stockholders, members, or officers of
corporations to each other or to the corporation.
Articles 829, 1039, 1306, 1319 and 1753 Civil Code
of the Philippines SEC. 150. Doing Business Without a License. – No
foreign corporation transacting business in the
Article 829. A revocation done outside the Philippines, Philippines without a license, or its successors or
by a person who does not have his domicile in this assigns, shall be permitted to maintain or intervene in
country, is valid when it is done according to the law any action, suit or proceeding in any court or

Page 8 of 13
CONFLICTS OF LAW TITLE 1

administrative agency of the Philippines; but such (4) Those bigamous or polygamous marriages not
corporation may be sued or proceeded against before failing under Article 41;
Philippine courts or administrative tribunals on any
valid cause of action recognized under Philippine (5) Those contracted through mistake of one
laws. contracting party as to the identity of the other; and

Articles 10, 21, 26, 35, 36, 37, 38, and 80 of the (6) Those subsequent marriages that are void under
Family Code of the Philippines. Article 53.

ARTICLE 10. Marriages between Filipino citizens ARTICLE 36. A marriage contracted by any party
abroad may be solemnized by a consul-general, who, at the time of the celebration, was
consul or vice-consul of the Republic of the psychologically incapacitated to comply with the
Philippines. The issuance of the marriage license and essential marital obligations of marriage, shall
the duties of the local civil registrar and of the likewise be void even if such incapacity becomes
solemnizing officer with regard to the celebration of manifest only after its solemnization. (As amended by
marriage shall be performed by said consular official. Executive Order 227)
(75a)
ARTICLE 37. Marriages between the following are
ARTICLE 21. When either or both of the contracting incestuous and void from the beginning, whether
parties are citizens of a foreign country, it shall be relationship between the parties be legitimate or
necessary for them before a marriage license can be illegitimate:
obtained, to submit a certificate of legal capacity to
contract marriage, issued by their respective (1) Between ascendants and descendants of any
diplomatic or consular officials. degree; and

Stateless persons or refugees from other countries (2) Between brothers and sisters, whether of the full
shall, in lieu of the certificate of legal capacity herein or half blood. (81a)
required, submit an affidavit stating the circumstances
showing such capacity to contract marriage. (66a) ARTICLE 38. The following marriages shall be void
from the beginning for reasons of public policy:
ARTICLE 26. All marriages solemnized outside the
Philippines, in accordance with the laws in force in the (1) Between collateral blood relatives whether
country where they were solemnized, and valid there legitimate or illegitimate, up to the fourth civil degree;
as such, shall also be valid in this country, except
those prohibited under Articles 35 (1), (4), (5) and (6), (2) Between step-parents and step-children;
3637 and 38. (17a)
(3) Between parents-in-law and children-in-law;
Where a marriage between a Filipino citizen and a
foreigner is validly celebrated and a divorce is
(4) Between the adopting parent and the adopted
thereafter validly obtained abroad by the alien spouse
child;
capacitating him or her to remarry, the Filipino spouse
shall have capacity to remarry under Philippine law.
(As amended by Executive Order 227) (5) Between the surviving spouse of the adopting
parent and the adopted child;
Chapter 3. Void and Voidable Marriages
(6) Between the surviving spouse of the adopted child
and the adopter;
ARTICLE 35. The following marriages shall be void
from the beginning:
(7) Between an adopted child and a legitimate child of
the adopter;
(1) Those contracted by any party below eighteen
years of age even with the consent of parents or
guardians; (8) Between adopted children of the same adopter;
and
(2) Those solemnized by any person not legally
authorized to perform marriages unless such (9) Between parties where one, with the intention to
marriages were contracted with either or both parties marry the other, killed that other person's spouse, or
believing in good faith that the solemnizing officer had his or her own spouse. (82)
the legal authority to do so;
ARTICLE 80. In the absence of a contrary stipulation
(3) Those solemnized without license, except those in a marriage settlement, the property relations of the
covered the preceding Chapter; spouses shall be governed by Philippine laws,

Page 9 of 13
CONFLICTS OF LAW TITLE 1

regardless of the place of the celebration of the


marriage and their residence. Rule 14 Sections 14, 15, 16, 17, 18, 2019
Proposed Amendments to the 1997 Rules of Civil
This rule shall not apply: Procedure, A.M. No. 19-10-20-SC

(1) Where both spouses are aliens; SECTION 14. Service upon Foreign Private Juridical
Entities.
(2) With respect to the extrinsic validity of contracts
affecting property not situated in the Philippines and — When the defendant is a foreign private juridical
executed in the country where the property is located; entity which has transacted or is doing business in
and the Philippines, as defined by law, service may be
made on its resident agent designated in accordance
with law for that purpose, or, if there be no such
(3) With respect to the extrinsic validity of contracts agent, on the government official designated by law
entered into in the Philippines but affecting property to that effect, or on any of its
situated in a foreign country whose laws require
different formalities for its extrinsic validity. (124a) officers, agents, directors or trustees within the
Philippines.
Article 2 of the Revised Penal Code
If the foreign private juridical entity is not registered in
Article 2. Application of its provisions. - Except as the Philippines, or has no resident agent but has
provided in the treaties and laws of preferential transacted or is doing business in it, as defined by
application, the provisions of this Code shall be law, such service may, with leave of court, be
enforced not only within the Philippine Archipelago, effected outside of the Philippines through any of the
including its atmosphere, its interior waters and following means:
maritime zone, but also outside of its jurisdiction,
against those who: (a) By personal service coursed through the
1. Should commit an offense while on a Philippine appropriate court in the foreign country with the
ship or airship assistance of the department of foreign affairs;
2. Should forge or counterfeit any coin or currency (a) By publication once in a newspaper of general
note of the Philippine Islands or obligations and circulation in the country where the defendant
securities issued by the Government of the Philippine may be found and by serving a copy of the
Islands; summons and the court order by registered mail
3. Should be liable for acts connected with the at the last known address of the defendant;
introduction into these islands of the obligations and
securities mentioned in the presiding number; (a) By facsimile;
4. While being public officers or employees, should (a) By electronic means with the prescribed proof of
commit an offense in the exercise of their functions; or service; or
5. Should commit any of the crimes against national
security and the law of nations, defined in Title One of (b) By such other means as the court, in its
Book Two of this Code. discretion, may direct. (12a)

Rule 4 Section 2 Rules of Court SECTION 15. Service upon Public Corporations. —
When the defendant is the Republic of the
SECTION 2. Venue of Personal Actions.— All other Philippines, service may be effected on the Solicitor
actions may be commenced and tried where the General; in case of a province, city or municipality, or
plaintiff or any of the principal plaintiffs resides, or like public corporations, service may be effected on
where the defendant or any of the principal its executive head, or on such other officer or officers
defendants resides, or in the case of a non-resident as the law or the court may direct. (13a)
defendant where he may be found, at the election of
SECTION 16. Service upon Defendant Whose
the plaintiff. (2[b]a)
Identity or Whereabouts are Unknown. — In any
action where the defendant is designated as an
Rule 8 Section 6 2019 Proposed Amendments to
unknown owner, or the like, or whenever his or her
the 1997 Rules of Civil Procedure, A.M. No. 19-10-
whereabouts are unknown and cannot be ascertained
20-SC by diligent inquiry, within ninety
SECTION 6. Judgment. — In pleading a judgment or calendar days from the commencement of the action,
decision of a domestic or foreign court, judicial or service may, by leave of court, be effected upon him
quasi-judicial tribunal, or of a board or officer, it is or her by publication in a newspaper of general
sufficient to aver the judgment or decision without circulation and in such places and for such time as
setting forth matter showing jurisdiction to render it. the court may order.
An authenticated copy of the judgment or decision
shall be attached to the pleading. (6a)

Page 10 of 13
CONFLICTS OF LAW TITLE 1

Any order granting such leave shall specify a Rule 39 Execution, Satisfaction and Effect of
reasonable time, which shall not be less than sixty Judgments
(60) calendar days after notice, within which the
defendant must answer. (14a) SECTION 48. Effect of foreign judgments or final
orders.— The effect of a judgment or final order of a
SECTION 17. Extraterritorial Service. — When the tribunal of a foreign country, having jurisdiction to
defendant does not reside and is not found in the render the judgment or final order is as follows:
Philippines, and the action affects the personal status
of the plaintiff or relates to, or the subject of which is, In case of a judgment or final order upon a specific
property within the Philippines, in which the defendant thing, the judgment or final order is conclusive upon
has or claims a lien or interest, actual or contingent, the title to the thing; and
or in which the relief demanded consists, wholly or in
part, in excluding the defendant from any interest In case of a judgment or final order against a person,
therein, or the property of the defendant has been the judgment or final order is presumptive evidence of
attached within the Philippines, service may, by leave a right as between the parties and their successors in
of court, be effected out of the Philippines by personal interest by a subsequent title.
service as under Section 6; or as provided for in
international conventions to which the Philippines is a In either case, the judgment or final order may be
party; or by publication in a newspaper of general repelled by evidence of a want of jurisdiction, want of
circulation in such places and for such time as the notice to the party, collusion, fraud, or clear mistake
court may order, in which case a copy of the of law or fact. (50a)
summons and order of the court shall be sent by
registered mail to the last known address of the
defendant, or in any other manner the court may
deem sufficient. Any order granting such leave shall
specify a reasonable time, which shall not be less
than sixty
Rule 73 Section 1 Rules of Court
(60) calendar days after notice, within which the
defendant must answer. (15a) SETTLEMENT OF ESTATE OF DECEASED
PERSONS
SECTION 18. Residents Temporarily Out of the
Philippines. RULE 73

— When any action is commenced against a VENUE AND PROCESS


defendant who ordinarily resides within the
Philippines, but who is temporarily out of it, service SECTION 1. Where estate of deceased persons
may, by leave of court, be also effected out of the settled.— If the decedent is an inhabitant of the
Philippines, as under the preceding Section. (16a) Philippines at the time of his death, whether a citizen
or an alien, his will shall be proved, or letters of
Rule 14 Sections 11 & 12, 2019 Proposed administration granted, and his estate settled, in the
Amendments to the 1997 Rules of Civil Court of First Instance in the province in which he
Procedure, A.M. No. 19-10-20-SC resides at the time of his death, and if he is an
inhabitant of a foreign country, the Court of First
SECTION 11. Service upon Spouses. — When Instance of any province in which he had estate. The
spouses are sued jointly, service of summons should court first taking cognizance of the settlement of the
be made to each spouse individually. (n) estate of a decedent, shall exercise jurisdiction to the
exclusion of all other courts. The jurisdiction assumed
SECTION 12. Service upon Domestic Private by a court, so far as it depends on the place of
Juridical Entity. residence of the decedent, or of the location of his
estate, shall not be contested in a suit or proceeding,
— When the defendant is a corporation, partnership except in an appeal from that court, in the original
or association organized under the laws of the case, or when the want of jurisdiction appears on the
Philippines with a juridical personality, service may be record.
made on the president, managing partner, general
manager, corporate secretary, treasurer, or in-house Rule 77 Section 1 Rules of Court
counsel of the corporation wherever they may be
found, or in their absence or unavailability, on their RULE 77
secretaries.
ALLOWANCE OF WILL PROVED
OUTSIDE OF PHILIPPINES AND
Rule 39 Section 48 Rules of Court
ADMINISTRATION OF ESTATE THEREUNDER

Page 11 of 13
CONFLICTS OF LAW TITLE 1

SECTION 1. Will proved outside Philippines may be


allowed here.— Wills proved and allowed in a foreign
country, according to the laws of such country, may
be allowed, filed, and recorded by the proper Court of
First Instance in the Philippines.

Page 12 of 13
CONFLICTS OF LAW TITLE 1

Rule 92 Section 1 of the Rules of Court

RULE 92
VENUE

SECTION 1. Where to institute proceedings.—


Guardianship of the person or estate of a minor or
incompetent may be instituted in the Court of First

Instance of the province, or in the justice of the

peace court of
the municipality, or in the

municipal court of the chartered city where the minor


or incompetent person resides, and if he resides in a
foreign country, in the Court of First Instance of the
province wherein his property or part thereof is
situated; provided, however, that where the value of
the property of such minor or incompetent exceeds
the jurisdiction of the justice of the peace or municipal
court, the proceedings shall be instituted in the Court
of First Instance.

In the City of Manila the proceedings shall be


instituted in the Juvenile and Domestic Relations
Court.

Rule 131 Section 3 (n) 2019 amendments to the


1989 Revised Rules on Evidence

RULE 131
BURDEN OF PROOF, BURDEN OF EVIDENCE
AND
PRESUMPTIONS

SECTION 3. Disputable Presumptions. — The


following presumptions are satisfactory if
uncontradicted, but may be contradicted and
overcome by other evidence:

(n) That a court, or judge acting as such,


whether in the Philippines or elsewhere,
was acting in the lawful exercise of
jurisdiction;

JOVITO R. SALONGA, PRIVATE INTERNATIONAL


LAW, pp. 15-44 (1995)

Page 13 of 13

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