Joatham Anry T.

Genovis Conflict of laws Block A

1. What are the modes of naturalization?

The law and constitution are so categorical in stating the means a foreigner can
become a naturalized Filipino citizen in which we have three namely the Legislative
Naturalization, Administrative Naturalization, and Judicial Naturalization. A
foreigner can apply to become a naturalized citizen of the Philippines through
legislative naturalization if they made significant contributions to public life in the
Philippines. An act of Congress, which consists of the Philippines' House of
Representatives and Senate, is required for legislative naturalization. Any member
of the Philippines' House of Representatives or Senate can initiate legislative
naturalization, which leads to Filipino citizenship. Those who were born in the
Philippines and have lived here their entire lives are eligible for administrative
naturalization. The applicant must be a foreign national who was born, studied,
and has lived in the Philippines since birth. At the time of filing the petition, the
applicant must be at least 18 years old. The judicial naturalization is a mode of
naturalization that is filed by a foreigner who is in the process of applying as a
Filipino citizen with the Regional Trial Court where he or she has resided in
accordance with the qualifications before filing a petition.

2. What are the qualifications and disqualifications in each mode?

2.a.1 Legislative Naturalization (Qualifications)

• This is for foreigners who have made a significant impact on society wherein
the most common and notable examples are imported sports athletes.
2.a.2 Legislative Naturalization (Disqualification)
• Having no significant impact on society in any field will make a foreigner
unqualified for this mode of naturalization.
2.a. Administrative Naturalization
2.b.1 Qualifications
• He or she must have been born in the Philippines and residing within the
country since birth.
• He or she must be at least eighteen (18) years old when they submit
their application.
• The person in question should be of good upright person and puts stock
in the basic standards of the Constitution, and probably behaved or
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herself in a legitimate and faultless way during their whole time of home
in the Philippines in his connection with the properly comprised
government as well similarly as with the local area wherein the
individual is residing.
• He or she must have completed their primary and secondary education
in a public or public educational institution that has been duly
recognized by the Department of Education. This institution must have
a curriculum that covers Philippine history, government, and civics and
be open to students of any race or nationality. The applicant must enroll
his or her underage children in comparable schools if they are school-
age.
• He or she must have a known trade, business, profession, or legal
occupation from which he or she earns enough money to support
themselves and, if married or have dependents, their families. However,
applicants with a college degree who are unable to practice their
profession due to citizenship disqualification will not be eligible for this.
• He or she must be able to speak, read, and write Filipino or any of the
Philippines' dialects.
• He or she must have interacted with Filipinos and demonstrated a
sincere desire to learn about and embrace Filipino culture and values.
2.b.2 Disqualifications
• Those who oppose organized government or are a part of any group or
organization that upholds and teaches doctrines that oppose all
organized governments.
• Those who argue or teach that violence, personal assault, or
assassination is necessary or appropriate for their ideas' success or
dominance.
• People who practice or believe in polygamy.
• Those who have been found guilty of crimes involving moral turpitude.
• People who suffer from mental alienation or infectious, incurable
diseases.
• Those who, during the time that they have been living in the Philippines,
have not socialized with Filipinos or shown a sincere desire to learn
about and embrace Filipino values, traditions, and customs.
• People who are from countries that the Philippines is currently at war
with.
Joatham Anry T. Genovis Conflict of laws Block A
• Foreign nationals whose national laws prevent Filipinos from becoming
naturalized citizens of that nation.

2.c. Judicial Naturalization

2.c.1. Qualifications

• He or she should be no less than 21 years old at the date of hearing.

• He or she must have lived in the Philippines for at least ten years
continuously.
• He or she must have a good moral character, believe in the principles
that underpin the Philippine Constitution, and have behaved properly
and unrepentantly throughout his entire time living in the Philippines,
both in relation to the established government and the community in
which he resides.
• He or she must have a property in the Philippines or a known,
legitimately paid trade, profession, or occupation.
• He or she must be able to write and speak any of the major Philippine
languages in addition to English or Spanish.
• He or she must have enrolled his minor children in schools that teach
Philippine history, government, and civics.
c.1.1. Any applicant or petitioner who meets any of the following criteria may
have the requirement of ten (10) years of continuous residence reduced to
five (five) years.
• Honorably held office under the Philippines Government.
• Having introduced a useful invention or a new industry to the
Philippines.
• Being married to a woman of Filipino descent.
• Having worked as a teacher in a public or recognized private school in
the Philippines for at least two years. Please note that the school cannot
have been established solely for the benefit of children of a specific
nationality or race.
• Having been brought into the world in the Philippines.
Note: A Notice of Intent to Acquire Philippine Citizenship must also be submitted
to the Office of the Solicitor General one year prior to the filing of the petition
with the court. If the applicant was born in the country, received his primary
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and secondary education there, or has lived in the Philippines continuously
for thirty (30) years, the aforementioned Notice of Intent may not be
required.
2.c.2. Disqualifications
• Those who oppose organized government or are a part of any group or
organization that upholds and teaches doctrines that oppose all
organized governments.
• Those who argue or teach that violence, personal assault, or
assassination is necessary or appropriate for their ideas' success or
dominance.
• People who practice or believe in polygamy.
• Those who have been found guilty of crimes involving moral turpitude.
• People who suffer from mental alienation or infectious, incurable
diseases.
• Those who, during the time that they have been living in the Philippines,
have not socialized with Filipinos or shown a sincere desire to learn
about and embrace Filipino values, traditions, and customs.
• People who are from countries that the Philippines is currently at war
with.
• Foreign nationals whose national laws prevent Filipinos from becoming
naturalized citizens of that nation.

3. Basis/ laws of each mode?

3.a. Legislative Naturalization has its legal basis from the provision that a
naturalization bill must pass through three separate readings in the house of
Congress where it originated in accordance with Section 26, paragraph 2 of the
1987 Constitution.

3.b. Administrative Naturalization has its legal basis from the law RA 9139
otherwise popularly known as the Administrative Naturalization Law of 2000 or
more aptly an act providing for the acquisition of Philippine citizenship for certain
aliens by administrative naturalization and for other purposes.

3.c. Judicial Naturalization has its basis from the law CA 473 otherwise known as
an act to provide for the acquisition of Philippine citizenship by naturalization, and
Joatham Anry T. Genovis Conflict of laws Block A
to repeal acts numbered twenty-nine hundred and twenty-seven and thirty-four
hundred and forty-eight.

4. What is renvoi?

The Conflict of Laws Rule in one forum refers a matter to the Conflict of Laws Rule
in another, and the latter refers the matter back to the forum which is remission
or to a third state which is transmission under the Renvoi Doctrine, a judicial
precept. Consequently, because its French translation means to return or refer
back unopened. It is when the court of forum must take into account not only the
entire law of the other jurisdiction but also its rules on conflicts of laws when
deciding the question at hand. Then, it must apply the law to the actual question
as prescribed by the rules of the other jurisdiction. Private international law rules
are a legal doctrine that applies when a court is faced with a conflict of law and
must consider the law of another state. This may be necessary when handling
estate administration and succession planning-related foreign issues.

5. Give an example case of renvoi.

G.R. No. L-16749 January 31, 1963
IN THE MATTER OF THE TESTATE ESTATE OF EDWARD E. CHRISTENSEN, DECEASED.
ADOLFO C. AZNAR, Executor and LUCY CHRISTENSEN, Heir of the deceased, Executor and
Heir-appellees,
vs.
HELEN CHRISTENSEN GARCIA, oppositor-appellant.
Facts:
Although Edward Christensen was born in New York, he moved to California and lived
there for nine years. He arrived in the Philippines in 1913 and remained a domiciliary
there until his death. He established Maria Lucy Christensen, his acknowledged natural
daughter, as his sole heir in his will, which he executed in the Philippines. However, he
also left a legacy of money to Helen Christensen Garcia who, according to his will, was not
related to him. Adolfo Aznar was the estate's executor, and he presented the will's
approval to the court after adhering to its terms. Helen objected, arguing that she is being
deprived of her legitime due to the Supreme Court's recognition of her as Edward's
acknowledged illegitimate heir in a case, rendering the will null and void for her. Maria
Lucy and Aznar raised objections to the opposition. Maria and Aznar argued that
California law, which states that illegitimate children are not entitled to anything, should
Joatham Anry T. Genovis Conflict of laws Block A
be used to determine the will's validity. On the other hand, Helen's legal team asserts that
the Philippine laws should be used to determine the will's validity because the California
law itself allows for this in cases where the decedent lived outside of California at the time
of death.
Issue:
Whether or not Philippine Law can be used and applied in the aforementioned case.
Ruling:
Yes. In this instance, Philippine law applies. As a result, the case is remanded to the lower
court for the will's validity determination. The California Law on Succession Rights reveals
two aspects upon closer examination that the conflict rule for Californians who were
domiciled outside of California at the time of their death and the internal law that applies
to Californians who were domiciled in California at the time of their death. At the time of
his death, Edward Christensen was unquestionably a citizen of the United States or
California with a residence in the Philippines; consequently, the law of his home country,
the Philippines, must be applied. The renvoi doctrine was utilized by the Supreme Court
in making this decision that the acceptance of the renvoi theory suggests that the rules of
the conflict of laws should be interpreted as including not only the ordinary or domestic
law of the foreign nation or state, but also its rules of the conflict of laws. As said in this
theory, the law of a country refers to a nation's entire legal system. The provision of Art
16(2) states that the person's national law governs intestate and testamentary
successions in terms of order of succession and amount of successional right. According
to the California Probate Code, a testator is free to dispose of his property in any way he
chooses. According to the Civil Code of California specifically Art. 946, the location of
personal property is presumed to follow the owner's person and is subject to the concept
of law of the domicile if there is no other law. When the validity of the testamentary
provision in question is referred back to the decedent's home country of the Philippines,
these provisions allow for the application of the Doctrine of Renvoi. This then lead the
Supreme Court to point out that the citizens of California are subject to two sets of laws
which are that one for its residents in accordance with the CA Probate Code, and another
for citizens residing in other nations in accordance with Art.946 as per the California Civil
Code. In CA, the conflict of laws rule (Art.946) grant permission for the question of law to
be returned to the testator's residence. If the case or issue is referred back and forth
between two states, it will not be resolved unless the court applies its own rule in the
Philippines in accordance with CA's conflicts of law rule. The Supreme Court overturned
the lower court's decision and remanded the case to that court for further consideration,
directing that partition be carried out in accordance with Philippine law.