Opiana Alfremar A.

BAPS-2B
PS 116

Domicile

1. What are the rules in determining the domicile of a person based on the case of
Imelda Romualdez-Marcos v. Comelec, G.R. No.119976, September 18, 1995 ?
 Residence is synonymous with domicile which reveals a tendency or mistake the
concept of domicile for actual residence, a conception not intended for the
purpose of determining a candidate’s qualifications for the election to the House
of Representatives as required by the 1987 Constitution. An individual does not
lose her domicile even if she has lived and maintained residences in different
places. In the case at bench, the evidence adduced by Motejo lacks the degree of
persuasiveness as required to convince the court that an abandonment of domicile
of origin in favor of a domicile of choice indeed incurred. It cannot be correctly
argued that Marcos lost her domicile of origin by operation of law as a result of
her marriage to the late President Ferdinand E. Marcos.
2. What are the rules determining one's constructive domicile as to (30)
 Minors
 Insanes, idiots and imbeciles
 Married women
 Convict/Prisoner
 Soldiers
 Public officials/employees abroad
-ARTICLE IV, PHILIPPINE CONSTITUTION
Section 1. The following are citizens of the Philippines:
(1) Those who are citizens of the Philippines at the time of the adoption of this
Constitution;
(2) Those whose fathers or mothers are citizens of the Philippines;
(3) Those born before January 17, 1973, of Filipino mothers, who elect Philippine
citizenship upon reaching the age of majority; and
(4) Those who are naturalized in accordance with law.
Art. 49. Naturalization and the loss and reacquisition of citizenship of the
Philippines are governed by special laws.
Art. 50. For the exercise of civil rights and the fulfillment of civil
obligations, the domicile of natural persons is the place of their habitual
residence.
Art. 51. When the law creating or recognizing them, or any other
provision does not fix the domicile of juridical persons, the same shall be
understood to be the place where their legal representation is established or
where they exercise their principal functions.

Article 50 governs the domicile of natural persons. Article 51 talks about the
domicile
of juridical persons.