C. CONFLICT RULES (pg 22 Sempio Dy)
2d 944
What is the difference between an ordinary internal rule from a conflict rule?
• An ordinary internal rule is one which governs a factual problem without a foreign
element.
• It authorizes, commands, or prohibits a certain act or mode of conduct. The question that is
being raised here is whether the particular act or mode of conduct is allowed, commanded, or
prohibited, and is immediately solved.
• Meanwhile, a conflict rule is a provision that is found in our law which governs a factual
situation possessed of a foreign element.
• It is usually expressed in the form of an abstract proposition that a given legal question is
governed by the law of a particular country, which may be an internal law or the proper foreign
law to be ascertained in the manner indicated by the provision
FOREIGN ELEMENT
• A foreign element 1s anything which is not domestic and has a foreign component to it.
• It can be a foreigner, a foreign corporation, an incident happening in a foreign country, or
a foreign law chosen by the parties.
• Without a foreign element, the case is only a domestic problem with no conflicts dimension.
REASON:
SAUDI ARABIAN AIRLINES v. CA
A factual situation that cuts across territorial lines and is affected by the diverse laws of two or
more states is said to contain a foreign element.
The presence of a foreign element is inevitable since social and economic affairs of individuals
and associations are rarely confined to the geographic limits of their birth or conception.
2. KINDS
1. ONE-SIDED – which indicates when Philippine law will apply
2. ALL-SIDED OR MULTILATERAL RULE - which indicates whether to apply the local law
or the proper foreign law
3. PARTS
1. FACTUAL SITUATION - or the set of facts or situation presenting a conflicts
problem because there is a foreign element involved: and
2. POINT OF CONTACT OR CONNECTING FACTOR - which is the law
of the country with which the actual situation is most intimately connected.
In other words, the first part states certain operative facts, the legal consequences of which are
determined in the second part; that is, the first part raises, while the second part answers or solves, a
legal question.
D. Characterization
1. Definition
> It is the process by which a court at the beginning of the choice-of-law process assigns a
disputed question to an area in substantive law (ie. torts, contracts, family law or
property).
> Otherwise stated, it is the process of spotting the legal issues presented by the facts of the
case. An important step in the process is pinpointing the branch of law implicated by the
problem. (Benito)
□ It becomes a pervasive problem in the real of COL since at least 2 jurisdictions with
divergent laws are involve.
> After identifying the branch of law, the next step will be determining whether there is a
conflict of law problem by the presence of a foreign element.
□ If one is involved - employ the applicable conflict of law doctrine in determining
the applicable law.
□ If none, - apply the rule, law or jurisprudence that is prevailing in the forum.
2. Types
1 SUBJECT MATTER CHARACTERIZATION
2 SUBSTANCE PROCEDURE DICHOTOMY
what is the distinction between both types?
1. SUBJECT MATTER CHARACTERIZATION - It is the classification by a court of a
factual situation into a legal category.
2. SUBSTANCE PROCEDURE DICHOTOMY - It directs the court to determine whether
an issue is substantive or procedural in nature.
> - If the issue is substantive - the court may apply foreign law.
> - If the issue is procedural - the court must follow the rule of the forum.
Rationale:
- the rights and duties of parties arising from a legal situation shall not be
substantially varied because of the forum in which an action is brought to settle
disputed questions arising out of the situation.
a. Gibbs v. Government of the Phil. Islands,
G.R. No. 35694, Dec. 23, 1933
FACTS:
A Californian wife dies. Her Californian husband claims the entire properties acquired by the spouses
during their marriage as his alone by accretion, following California law on property relations of
spouses.
Under Philippine law, however, this is a problem in succession, so that inheritance taxes should be
paid by the husband as the lands in question were located in the Philippine..
ISSUE:
which between California Civil Code and the Philippine Administrative Code
RULING: Philippine Administrative Code shall apply because the property subject of the dispute
is situated in the Philippines. Thus, the Supreme Court held that the properties inherited by the
husband were subject to inheritance taxes, categorizing the problem as one of the succession.
So under Article 10 of the civil code of the Philippines, real property is subject to the law of the
country in which it is situated.
Under Philippine law, in case of death of one's spouse, and there are no obligations of the decedent, the
decedent's share in the conjugal property shall be transmitted to her heirs by succession. Now under the
Philippine administrative code, inheritance is levied with a tax.
Hence petitioner here was made liable to pay inheritance tax.
b. Grant v. McAuliffe, 41 Cal. 2d 859, 264 P.
(1953) FACTS:
Plaintiffs William Grant, Russel Machester and Doyle Jensen (all California Residents) were
injured in a vehicular accident in Arizona. Their car collided with a car driven by Pullen. Pullen
(also a California resident) died and Frank McAuliffe was appointed as administrator of Pullen’s
estate.
In California law, causes of action for negligent torts survive the death of the tortfeasor and can
be maintained against the administrator or executor of his estate.
This prompted Plaintiffs to bring a suit for damages against Pullen’s estate.
On the other hand, McAuliffe filed a demurrer and moved for abatement of the claims, arguing that the
survival of a cause of action is a matter of substantive law, and that the courts of California must
apply the law of Arizona governing survival of causes of action.
Under Arizona law, there was no provision that in the event of the death of a party to a pending
proceeding his personal representative can be substituted as a party to the action.
ISSUE:
which between California law and Arizona law was applied in resolving the issue on survival of cause
of action in tort cases?
whether the cause of action by plaintiffs against Pullen before his death survived as liabilities of his
estate.
RULING:
1. California Law shall apply which is the law of the forum because the issue here was
classified as procedural in nature.
Survival of causes of action are governed by the law of the forum. while survival is not an essential
part of the cause of action itself, it however relates to the procedures available for the
enforcement of the legal claim of damages.
Under the probate code of California, all actions founded upon any liability for physical injury
among others may be maintained by and against executors and administrators in all case s in
which the cause of action is one which may not abate upon the death of their respective plaintiff,
testators or intestate.
In addition, under the Civil Code of California, the action out of a wrong resulting to physical
injury shall not be abated because of the death of the wrongdoer.
Hence, The responsibilities of defendant McAuliffe, as administrator of Pullen's estate, for injuries
inflicted by Pullen before his death were governed by the laws of California state. When all of the
parties were residents of California, and the estate of the deceased tortfeasor is being administered in
California, plaintiffs' right to prosecute their causes of action is governed by the laws of this state
relating to administration of estates.
The Court reversed the decision granting McAuliffe’s motion, and the causes were remanded.
is statute of frauds classified as substantive or procedural?
> It is DUAL in character.
> SUBSTANTIVE - if the words of the law relate to forbidding the creation of obligation.
> PROCEDURAL - if the words of the law relate to forbidding the enforcement of
obligation.
How about statute of limitations? How is it classified?
> Generally, it is PROCEDURAL, if it operates to bar only the legal remedy without
impairing the substantive right involved.
> However, it is classified as SUBSTANTIVE if the limitation is directed at the newly
created liability.
> Therefore, it actually depends on the subject of the limitation.
what is a Borrowing statute?
> It is a Statutes which bars the filing of a suit in the forum if it is already barred by the
statute of limitations in the place where the cause of action arose
c. Cadalin v. POEA, G.R. No. 104776, Dec. 5,
1994 FACTS:
Petitioners, Bienvenido M. Cadalin et al, overseas contract workers (OCWs), instituted a class suit with
the Philippine Overseas Employment Administration (POEA) for money claims arising from their
recruitment by AIBC and employment by BRII (foreign corporation engaged in construction).
The complaint principally sought the:
a) payment of the unexpired portion of the employment contracts, which was terminated
prematurely, and
b) (b), the payment of the interest on all the unpaid benefits and
c) the suspension of the license of AIBC and the accreditation of BRII.
They worked in Bahrain for BRII and they filed the suit after 1 yr. from the termination of their
employment contract.
As provided by Art. 156 of the Amiri Decree as the Labor Law of the Private Sector of Bahrain: "a
claim arising out of a contract of employment shall not be actionable after the lapse of 1 year from the
date of the expiry of the contract," it appears that their suit has prescribed.
Plaintiff contends that the prescription period should be 10 years as provided by Art. 1144 of the Civil
Code as their claim arose from a violation of a contract.
POEA ADMINISTRATOR: Holds that the 10 year period of prescription should be applied pursuant to
ART. 1144: brought ten years from the time the cause of action accrues: (2) Upon an obligation created
by law;
− what the respondents violated are not the rights of the workers as provided by the Labor Code, but
the provisions of the Amiri Decree No. 23 issued in Bahrain, which ipso facto amended the worker's
contracts of employment which specifically provide for the increase of the worker's rate.
− Respondents consciously failed to conform to these provisions.
NLRC: provides a different view, it asserted that Art 291 of the Labor Code of the Phils with a 3 years
prescription period should be applied.
The Solicitor General expressed his personal point of view that the 1 yr period provided by the Amiri
Decree should be applied.
ISSUE:
did the Supreme Court apply a borrowing statute?
RULING:
NO. Borrowing statute was not applied in this case because although Section 48 of the previous Code
of Civil Procedure contained a provision of a borrowing statute, the application of the one-year
prescriptive period under the Amiri Decree No. 23 would contravene the public policy on the refers back the case, when a decedent is not domiciled in California, to the law of his domicile, the
protection to labor. Philippines in the case at bar.

As a general rule, a foreign procedural law will not be applied in the forum because procedural matters
The Philippine court must apply its own law as directed in the conflict of laws rule of the state of
(such as service of process, joinder of actions, period and requisites for appeal) are governed by the
the decedent, if the question has to be decided, especially as the application of the internal law of
laws of the forum.
California provides no legitime for children while the Philippine law, Arts. 887(4) and 894, Civil
Code of the Philippines, makes natural children legally acknowledged forced heirs of the parent
However, the characterization of a statute into a procedural or substantive law becomes irrelevant
recognizing them.
when the country of the forum has a “borrowing statute.”
Said [borrowing] statute has the practical effect of treating the foreign statute of limitation as one of
The SC therefore find that as the domicile of the deceased Christensen, a citizen of California, is
substantive la.
the Philippines, the validity of the provisions of his will depriving his acknowledged natural child, the
appellant, should be governed by the Philippine Law, the domicile, pursuant to Art. 946 of the Civil
One form of “borrowing” statute provides that an action is barred by the laws of the place where in
Code of California, not by the internal law of California.
the forum even though the local statute has not run against it. Sec. 48, of the (then) Code of Civil
Procedure is of this kind.
Applying the Philippine Law, Helen, the Filipino child, should be entitled to legitime.

The courts contends that Bahrain’s law on prescription cannot be applied because the court will not
enforce any foreign claim that is obnoxious to the forum’s public policy and the 1 yr. rule on
prescription is against public policy on labor as enshrined in the Phils. Constitution.
b. Bellis v. Bellis, G.R. No. 23678, June 6,
The court ruled that the prescription period applicable to the case should be Art 291 of the Labor Code
1967 FACTS:
of the Phils with a 3 years prescription period since the claim arose from labor employment.
Amos Bellis, a citizen and resident of Texas at that time of his death, left some properties in the
Philippines. Before his death, he executed rwo wills, one following Texas law disposing of his
properties in Texas, and another, following Philippine law, disposing of his properties in the
D. Renvoi p. 59 S
Philippines.
1. Definition
Bellis had several illegitimate children in the Philippines but in his two wills, he did not give anything
> French word which means "refer back" or "return".
to his illegitimate children.
> It is a procedure whereby the law requires the forum court to apply a foreign law to the case
in dispute. The foreign law in turn directs the application of the law of the forum court to
During the settlement of his estate, the illegitimate children opposed both wills because they had been
the case under consideration.
deprived of their legitimes, and insisting that Philippine law should be applied under Art. 16 of the
> Thus, there is a reference back to the local laws of the forum court.
Civil Code of the Philippines.
> In such a case, the law of defendant’s country should be applied.
> It can arise when states are governed by the nationality theory on one hand and the
There are no compulsory heirs under Texas law, and Texas law, furthermore, does not have
domiciliary theory on the other.
conflicts rules governing the succession of its citizens.
ATTORNEY: In Anglo-American countries, the term used is remission, which means to refer a matter
ISSUE:
for consideration or judgment.
was there a problem of renboa in the case of Belize versus Belize? -NO
NOTE: STUDY PG. 59 SEMPIO DY
WHEN DOES RENOI PROBLEM ARISES?
RULING:
: The problem of "renvoi" arises when there is doubt as to whether the reference by the ex fort
Supreme Court held that no renvoi issue arose because the decedent was a domiciliary and
(the law of the country where the problem arises) to the foreign law involves
national of only one state.
(1) a reference to the internal law of the foreign law or
(2) a reference to the entirety of the foreign law, including its conflicts rules.
The Doctrine of Renvoi is usually present if the decedent is a national of the one country, and a
domicile of another.
In such case, if the first state follows the nationality theory, and the second state follows the
domiciliary theory, the problem of "renvor" will most probably arise.
In the present case, the decent was both a national of Texas and a domicile thereof at the time f his
death. Even assuming Texas has a conflict of law rule provided that the law of the domicile should
2. Ways of Treating the Renvoi Problem
govern, the same would not result in a reference back (renvoi) to Philippine law, but would still refer to
Texas Law.
a. Aznar v. Garcia, G.R. No. 16749, Jan. 31,
1963 FACTS: Hence, The illegitimate children are not entitled to any legitime because under Texas law, which
The deceased Edward Christensen was a California citizen who had resided in the Philippines for a
is the national law of the deceased and which we must apply under Art. 16, par, two of the Civil Code,
long time prior to his death; hence, a domiciliary of the Philippines.
there are no compulsory heirs and no legitimes.
Respondent Helen Garcia, is the acknowledged natural child of Edward in the Phi, while petitioner,
As for the oppositors' arguments that since the deceased executed two wills, one to govern his estate in
Adolfo Aznar is the executor.
the Philippines and the other to govern his Texas estate, it must have been the intention of the deceased
to have Philippine law govern his properties in the Philippines, the Supreme Court held that following
In his will, he left almost his entire estate to Lucy, an acknowledged natural child in California, and
Miciano v. Brimo. 50 Phil. 867, a provision in a foreigner's will to the effect that his properties in the
gave a small legacy to Helen, an acknowledged natural child in the Philippines.
Philippines shall be distributed in accordance with Philippine law and not in accordance with his
national law is illegal and void.
Helen Christensen-Garcia filed an opposition to the approval of the partition, arguing that it deprived
her of her legitime as an acknowledged natural child of Edward Christensen.
what if Texas has a conflict rule adopting the situs fiori or the application of the law of the place
where the property is situated? Will the problem of renbu arise insofar as Philippine law is
Moreover, she argued that the distribution should be governed by Philippine laws, instead of the
concerned?
law of the State of California, USA.
 YES.
 Under ART. 16 of Cc, Testate and in Testate succession shall be governed by the national law of
Helen Garcia insists that Art. 946 of the California Code should be applicable, and following the
the decedent. Hence it will be the Texas law on succession that will apply in the case of the
doctrine of renvoi, the question of the validity of the testamentary provision in question should be
decedent.
referred back to the law of the decedent’s domicile, which is the Philippines under which she is a  However, since the decedent has properties located in the Philippines and Texas law provides the
forced heir and is entided to a legitime. status theory or the application of the law of the place where the property is situated, then the
issue on succession will be referred back to the Philippine
What was the contention of Lucy?
Lucy contends that since Mr. Edward is a California citizen, thus, state of California law should MEANS OF DEALING WITH RENVOI PROBLEMS:
prevail. There are several solutions that the court can adopt whenever it is confronted with a Renvoie
the clause "if there is no law to the contrary in the place where the property is situated" in Sec.
problem. So what are these solutions?
946 of the California Civil Code refers to Article 16 of the Civil Code of the Philippines and that 1 REJECT RENVOI - and apply the foreign law
the law to the contrary in the Philippines is the provision in said Article 16 that the nationality of the
2 ACCEPT RENVOI - apply the law of the forum
deceased should govern
3 DESISTANCE OR MUTUAL DISCLAIMER JURISDICTION - the same result as the
acceptance of the renvoi doctrine but the process used by the forum court is to desist from applying the
How was the problem of Renvoi llustrated and resolved in the case of Asnar versus Garza?
foreign law.
There were two sets of rules under California internal law, one for its citizens who reside there and
4 FOREIGN COURT THEORY - it simply do what a foreign court would do if it is
another for its citizens who reside in other jurisdictions.
confronted with a similar case
Under California internal law, its deceased citizen may dispose of his estate by will in any manner he
pleases, However, California law also provides that where its deceased citizen tesides in another
country, the law of his domicile should determine his succession.
IV. Personal Law p.29 'Sempio-Dy
A. Definition and Importance
On one hand, the Philippine law requires the matter of succession should be dealt with according to
what aspects of person does a personal law govern?
the national law of the decedent
PERSONAL LAW
> Is that which that follows a person wherever he goes, It is the law that governs his:
ISSUE:
1. Status
W/N the estate distribution of Edward Christensen should be governed by Philippine law? (California
2. Capacity
law vs. Philippine Law)
3. Family relation; and
4. Consequences of his actions
RULING:
PHILIPPINE LAW SHOULD APPLY
IMPORTANCE
what do you think is the importance of personal law in relation to conflict of laws?
To resolve the problem of Renvoi, the Supreme Court ruled that Philippine law should apply as
> An individual’s nationality or domicile serves as a permanent connection between the
directed by the conflict rules of California because under, the California Internal Law, if its citizen
individual and a state.
resides outside of California, it should be the law of the domicile of such citizen.
> This is the reason for assigning him a personal law which will allow the courts to exercise
jurisdiction or determine the governing choice-of-law rule on a specific situation or
The court of the domicile can not and should not refer the case back to California; such action
transaction involving him.
would leave the issue incapable of determination because the case will then be like a football,
tossed back and forth between the two states, between the country of which the decedent was a
B. Status v. Capacity
citizen and the country of his domicile.
what is the distinction between status and capacity?
> Status" "is the place of an individual in society, and consists of the personal qualities and
the national law mentioned in Article 16 of our Civil Code is the law on conflict of laws in the
relationship more or less permanent and in which the state and the community are
California Civil Code, i.e., Article 946, which authorizes the reference or return of the question to the
concerned.
law of the testator's domicile. The conflict of laws rule in California, Article 946, Civil Code, precisely
□ Acc. To the book of Sempio Dy, it includes the civil status of a person, paternity and
 filiation, whether one is a minor or has reached the age of majority or whether a
person has a capacity to enter into various transactions. It may also include one's
name, sex, and profession in certain cases.
> Capacity". on the other hand. is only a part of one's status, and may be define as the
totality of his rights and obligationS. Under the civil code, capacity may either refer to
one's juridical capacity or capacity to act.
□ juridical capacity or also known as passive capacity refers to the fitness to be the
subject of legal relations;
□ capacity to act, also known as active capacity, refers to the power to do acts with
legal effects.
1. Beginning and End of Civil Personality
when does human personality begin under the law?
> Birth determines personality;
> In other words, as provided in ART. 40, personality really begins at conception but
subject to the conditions of his birth.
> For under ART 41, there are two types of children: Ordinary and Extraordinary.
A. Arts.40-42,Civil Code of the Phil.
> Art. 40, NCC, presumptive personality, it provides that the conceived child shall be
considered born for all purposes that are favorable to it, provided it be born later with the
conditions specified in the following article.
> Art. 41, NCC, For civil purposes, the fetus is considered born if it is alive at the time it is
completely delivered from the mother's womb. However, if the fetus had an
intra-uterine life of less than seven months, it is not deemed born if it dies within
twenty-four hours after its complete delivery from the maternal womb.
A child was born after seven months. did the child have a civil personality despite the fact that
the child died within 24 hours?
> YES.The child has civil personality
> ART. 41 is clear that a fetus is considered born if it is alive at the time it is completely
delivered from the mother's womb,
> It is immaterial that the child died within 24 hrs since the qualification under ART. 41
for intra-uterine that the child should be alive after 24 hours after delivery shall not apply
since the child was born AFTER SEVEN MONTHS.
B. Geluz v. CA, G.R. No. 16439, July 20, 1961 2.
Absence FACTS:
before Nita Villanueva and Oscar Lazo were married, Villanueva became pregnant. To conceal her
pregnancy from her parents and upon her aunt’s advice, she had an abortion by Antonio Geluz, a
physician.
After Villanueva and Lazo got married, she became pregnant for the second time. As she was an
employee of the Commission on Elections and found it inconvenient, she had her second abortion by
Geluz in October 1953. In less than two years, she again became pregnant. On 21 February 1955,
Villanueva went to the clinic of Geluz in Manila accompanied by her sister and her niece. Unknown to
Lazo and without his consent, his wife had an abortion for the third time, an abortion of a
two- month old fetus. Villanueva paid Geluz fifty pesos. At that time, Lazo was in Cagayan
campaigning for his election to the provincial board.
On the basis of the last abortion, Lazo instituted an action for damages against Geluz.
The trial court ordered Geluz to pay Lazo damages, attorney’s fees and costs of the suit. On appeal, the
Court of Appeals sustained the decision of the trial court. Hence, Geluz filed a petition for certiorari to
the Supreme Court.
ISSUE:
WON pecuniary damages SHOULD BE awarded to defendant?Did the unborn child acquire civil
personality?
RULING:
No, the unborn child did not acquire civil personality.
Article 40 of the Civil Code expressly limits the provisional personality by imposing the condition that
the child should be subsequently born alive: “provided it be born later with the condition specified in
the following article.” In this case, there is no dispute that the child was dead when separated from its
mother’s womb.
the Supreme Court ruled that pecuniary damages could not be awarded to defendant Since an
action for pecuniary damages on account of personal injury of death pertains primarily to the
one injured, it is easy to see that if no action for such damages could be instituted on behalf of the
unborn child on account of the injuries it received, no such right of action could derivatively
accrue to its parents or heirs.
In fact, even if a cause of action did accrue on behalf of the unborn child, the same was
extinguished by its pre- natal death since no transmission to anyone can take place from on that
lacked juridical personality (or juridical capacity as distinguished from capacity to act).
JUST IN CASE I’ASK:
NO MORAL DAMAGES AWARDED.
This is not to say that the parents are not entitled to collect any damages at all. But such damages must
be those inflicted directly upon them, as distinguished from the injury or violation of the rights of the
deceased child, his right to life and physical integrity. Because the parents cannot expect either help,
support or services from an unborn child, they would normally be limited to moral damages for the
illegal arrest of the normal development of the spes hominis that was the foetus, i.e., on account of
distress and anguish attendant to its loss, and the disappointment of their parental expectations as well
as to exemplary damages, if the circumstances should warrant them.
In this case, however, both the trial court and the Court of Appeals have not found any basis for an
award of moral damages, evidently because the appellee’s indifference to the previous abortions of his
wife, also caused by the appellant herein, clearly indicates that he was unconcerned with the frustration
of his parental hopes and affections. Even after learning of the third abortion, the appellee does not
seem to have taken interest in the administrative and criminal cases against the appellant. His only
concern appears to have been directed at obtaining from the doctor a large money payment.
Hence, the decision appealed from is reversed, and the complaint ordered dismissed.
does the death under Article 42 of the Civil Code contemplate civil interdiction, which is sometimes
regarded as civil death?
> NO.
> According to Art. 42 of the New Civil Code, "civil personality is extinguished by death."
> Death in this article means "physical death". not civil interdiction which is sometimes
regarded as "civil death", and which merely restricts, not extinguishes, capacity to act (Art.
38 New Cicvil Code).
> Under the principle of personal law, a declaration of death issued by a competent court is
considered valid for all purposes. Upon the death of a person, some of his rights and
obligations are totally extinguished while others are passed on to his successors.
a. Arts. 381-386, 390-392, Civil Code of the
Phil. Under the civil code, what is meant by
absence? Art. 381, New Civil Code
> "Absence is considered as a special legal status pertaining to a person who has disappeared
from one's domicile, once whereabouts being unknown without leaving an agent to administer
one's property or even such person had left an agent, the power conferred by the absentee on the
agent has expired.
when may a person be declared an absentee under Filipinos?
> (a) Within two (2) years after a person's disappearance without leaving an agent to
administer his property, or having left an agent, the power of the latter had expired,
> (b) After the lapse of two (2) years without any news about the absentee or since the receipt
of the last news, and five (5) years if the absentee has left an administrator of his property ,
his absence may be declared (Art. 384, id).
What is the legal effect of such declaration? What is the next step upon the declaration of absentee?
What will the court do?
> any interested person, relative, or friend may ask the competent court to appoint a person to
represent the absentee in all that may be necessary .
> The present spouse is, however, preferred in the appointment when there is no legal separation
(Art. 383).
Can anyone ask for the declaration of absence of a person?
> No. Any of the following:
1. (a) The present spouse;
2. (b) The heirs instituted in the will of the absentee, who may present an authentic copy of
said will;
3. (c) The intestate heirs, if the absentee left no will;
4. (d) Those who may have over the property of the absentee some right subordinated to the
condition of his death. (Art. 385, id.)
The procedure for the declaration of one's absence is found in Rule 107 of the Revised Rules of Court.
However, "the judicial declaration of absence shall not take effect until 6 months after the
publication in a newspaper of general circulation" (Art. 386, id.).
Why is it that the judicial declaration of absence shall not take effect until 6 months after the
publication in a newspaper of general circulation?What is the significance of that six-month waiting
period?
> There might be a possibility that person declared as absentee may reappear upon knowing or
seeing the publication of the judicial declaration.
> in this case, the judicial declaration will be set aside.
Article 390. After an absence of seven years, it being unknown whether or not the absentee still lives,
he shall be presumed dead for all purposes, except for those of succession.
The absentee shall not be presumed dead for the purpose of opening his succession till after an absence
of ten years. If he disappeared after the age of seventy-five years, an absence of five years shall be
sufficient in order that his succession may be opened. (n)
When may the absentee be presumed dead and for what purposes?
> It depends upon for purpose.
> For the purpose of remarriage, the absentee may be presumed dead after four (4) years of
absence, the present spouse having a well- founded belief that the absentee is already dead (Art.
40 Family Code).
◆ However, in case of disappearance where there is danger of death under Art. 391 of
the New Civil Code, an absence of two (2) years is enough (id.).
◆ In either case, a summary proceeding for the declaration of the presumptive death of
the absent spouse under Art. 42 of the Family Code is necessary.
> For all other purposes except succession, an absence of seven (7) years, it being unknown
whether or not the absentee still lives, is necessary (Art. 390, New Civil Code). The procedure is
found in Rule 107 of the Revised Rules of Court.
> For the purpose of succession, an absence of ten (10) years is required, except if the absentee
disappeared after the age of seventy-five (75) years, in which case an absence of five (5) years is
enough to open his succession (Art. 390). The procedure is again Rule 107 of the Revised Rules
of Court.
what are the instances when a person can be presumed dead for all purposes?
Article 391. The following shall be presumed dead for all purposes, including the division of the estate
among the heirs:
(1) A person on board a vessel lost during a sea voyage, or an aeroplane which is missing, who has
not been heard of for four years since the loss of the vessel or aeroplane;
(2) A person in the armed forces who has taken part in war, and has been missing for four years;
(3) A person who has been in danger of death under other circumstances and his existence has not
been known for four years. (n)
NOTE: Philippine laws follow the rebuttable presumption of the common law.
b. Art. 40, Family Code of the Phil.
For specific purposes, our laws require that a declaration of death be issued before certain legal effects
of death arise.
Art. 40. The absolute nullity of a previous marriage may be invoked for purposes of remarriage on the
basis solely of a final judgment declaring such previous marriage void
Article 41 of the Family Code requires that for the purpose of contracting a subsequent marriage, the
spouse presnt must first institute a summary proceeding for the declaration of presumptive death of the
absentee spouse without which the subsequent marriage is void ab initio.
3. Age of Majority a. R.A. No. 6809
Republic Act. No. 6809, approved December 13, 1989, amended Art. 234 of the Family Code by
reducing the age of majority to 18 years save the exceptions established by existing law in special cases.
But the age of contracting marriage without parental consent has, under the same law, remained at the
age of twenty-one
Note that also under the same Rep. Act No. 6809, the responsibility of parents (if the children live in
their company) and guardians, for the torts committed by their children and wards below 21 years
of age, has been retained. The result is that such parents and guardians are still responsible for the
damages caused by their children (as to parents) and wards (as to guardians) even if the child is above
18 years of age (the age of majority) but below 21 years of age.
The defect of the provision is with respect to guardians of minor children, because if the children are
already above 18, they do not need guardians anymore, unless they are under some other disability.
What law will determine the age of majority of a person?
> Since age is a part of personal status, it is the personal law, national law or law of domicile, of the
person that determines the age of majority.
if a 20-year-old person who still lives in the company of his or her parents committed a tort, who
would be held liable for such tort? The child or the parents of the child?
> PARENTS.
> under the same Rep. Act No. 6809, the responsibility of parents (if the children live in their
company) and guardians, for the torts committed by their children and wards below 21 years
of age, has been retained. The result is that such parents and guardians are still responsible for
the damages caused by their children (as to parents) and wards (as to guardians) even if the child
is above 18 years of age (the age of majority) but below 21 years of age.
4. Names
a. Arts. 364-380, Civil Code of the Phil.
under Article 364 of the Civil Code, legitimate and legitimated children shall principally use the
surname of the father. Does it mean that legitimate children have no right to use their mother's surname
as their surname?
> The word “principally” in ART. 364 cannot be interpreted as exclusive in character.
> Therefore, there is no legal impediment if a child whether legitimate or legitimated child
should use or should choose to use the surname of his or her mother to which he is equally
entitled.
> This interpretation is in accordance with the state policy of ensuring fundamental equality of men
and women before the law.
> ALSO, Traditionally, a person's name was not regarded as part of his status because he
could change his name at will, but our law now provides that "no person can change his
name or surname without judicial authority" (Art. 376, New Civil Code), and the procedure
for the change of one's name is Rule 103 of the Revised Rules of Court.
□ As held in Republic v. C.A. and Wong, "a change of name is a special proceeding to
establish the status of a person involving his relation with others, that is, his legal
position in, or with regard to, the rest of the community.
b. Arts. 165 and 176, Family Code of the Phil. c. R.A. No. 9255
is it mandatory for an illegitimate child whose filiation has been recognized by the father to use the
surname of the father?
• NO.
• RA 9255 states that illegitimate children may use the surname of their father if their affiliation
has been expressly recognized by the father through the record of birth appearing in the civil
register, or when an admission in a public document or private handwritten instrument is made by
the father" during the latter's lifetime.
• The law employs the word “may”.
• Therefore, ART 176 as amended by RA 9255, illegitimate children are given the discretion
whether to use the surname of their father or that of their mother.
5. Titles of Nobility
may foreigners with titles of nobility continue using sad titles in the Philippines?
> No. The right to use title of nobility depends upon the national law.
> in the Philippines, our Constitution does not allow the use of title of royalty or nobility.
> foreigners may continue to use their titles of nobility if their national law gives them the right
to use such title.
> However, If such foreigners apply for naturalization in the Philippines, they have to renounce
any hereditary title or order of nobility that they possess because our constitution does not allow
titles of royalty or nobility.
C. Theories of Personal Law (p. 33 'Sempio-Dy')
1. Nationality Theory
a. Definition of the Theory
What is the distinction between nationality fury and domiciliary fury?
> (a) The nationality theory - also called the personal theory) - by virtue of which the status and
capacity of a person is deter- mined by the law of his nationality or his national law.
> (b) The domiciliary theory - by virtue of which the status and capacity of a person is
determined by the law of his domicile (also called the territorial theory).
> The Philippines and other civil law countries follow the Nationality Theory, while the U.S., like
other common countries, follow the domiciliary theory.
civil countries adopt the nationality theory on practical considerations of convenience and expediency.
So the people of these countries are bound by the spirit of national unity, common history and mores so
that the identity and legal position of their citizens are guaranteed by the consistent application of their
national laws wherever they may go.
Meanwhile, common law countries whose populations consist of people of different nationalities adopt
the domiciliary theory to attain a certain fusion of their population and to avoid the necessity of
applying a different law to practically every case.
b. Definition of Nationality
is the person's nationality and citizenship the same?
> They are different.
> Nationality refers to membership in a political community one that is personal and more or
less permanent and not temporary.
> Citizenship applies only to certain members of the state who owe allegiance to one state and
are accorded more privileges than the rest of the people living in a state. It has more exclusive
scope.
> However, in the field of conflict of laws, they are the same.
> Thus, a person’s national law therefore means the person's law of citizenship.
c. Merits and Demerits of Nationality as Personal Law
using the nationality of a person as basis of one's personal law has its own advantages and
disadvantages.
The use of nationality as basis of one's personal law is logical because one's nationality acts a link
between an individual and the state. So laws of each state were to be made for a certain population.
Once nationality is also easily verifiable from documents.
However nationality as a criterion for personal law does not address problems that may arise out of
statelessness, multiple nationalities of a person, diverse legal systems where there is no single national
law and the lack of sense of belonging of a person from his nationality in case where one has lived in
another country for most of his or her life.
d. Relation to Conflict of Laws
The relation of nationality to conflict of laws is that there are state laws that are considered, that
consider that nationality of a person as determinant in case of conflict of laws such as Article 15 and
Article 16 of the Civil Code. So conflict of laws problem may also arise due to nationality such as
when a person becomes a citizen of two or more countries.
e. . Modes of Acquisition of Nationality
what are the modes of acquiring nationality?
> There are 2 modes.
□ By Naturalization - it confers to an alien a nationality after birth by any of the means
provided by the law. It is is not a matter of right but may be enjoyed only by the precise
conditions prescribed by law.
> By Birth:
□ Jus Soli - the law of the place of one’s birth determines his/her nationality.
□ Jus Sanguinis - This is the rule that we follow in the Philippines. It is citizenship by blood:
i.e., those whose fathers or mothers, or whose both parents are Filipino citizens, is a
Filipino citizen
what are the modes of naturalization?
> either through a judicial process or legislative or administrative process.
□ Judicial process wherein a petition is filed with the RTC of the place where the foreigner
applicant resided for at least one year preceding the filing of the petition. So it is governed
by Commonwealth Act 473 or the revised naturalization law
□ Administrative process wherein a verified petition is filed by the foreigner applicant with
the Office of the Special Committee on Naturalization at the Office of the Solicitor General.
So this is governed by RA No. 9139 or the Administrative Naturalization Law of 2000.
□ Legislative process wherein the Congress will pass a law to naturalize a foreigner.
□ Derivative naturalization takes place when a Foreign women who are married to Filipino
husbands may also be considered citizens by naturalization through said marriage if they
have no disqualifications to become Filipino citizens by naturalization, and the wives and
minor children of those who had been naturalized as Filipino citizens are also considered to
be naturalized citizens by derivative naturalization. it is a naturalization by conferment as
an incident of a particular act or situation
- Sec. 1 and 2, Art. IV of the 1987 Phil. Const.
- Bengson III v. HRET, G.R. No. 142840, May 7, 2001
is it required that in order for a person to be considered a natural born citizen of the Philippines,
his or her natural born citizenship must begin at birth and remain uninterrupted? What did the
Supreme Court say in the case of Benzon versus H. Rett?
> NO. Continuous acquisition of natural born citizenship is not necessary to be regarded as a
natural born citizen. It is also not necessary that it should remain uninterrupted.
> It is sufficient that such person to be regarded as a natural born citizen, such person was born in
the Philippines.
.
- Poe-LLamanzares v. COMELEC, G.R. Nos. 221697-221700,Mar. 8, 2016
what did the Supreme Court say in the case of Poe-LLamanzares v. COMELEC as to the status of
Foundlings?
> Foundlings are natural born citizens of the country where they are found as they are not
regarded as a class separate on its own. Moreover, under the domestic laws on adoption in the
Philippines, international law such as the Universal Declaration of Human Rights, the United
Nations Convention on the Rights of the Child and the International Convention on Civil and
Political Rights also obligate the Philippines to grant nationality from birth and ensure that
no child is stateless.
> Similarly, it is a generally accepted principle of international law that a fondling is
presumed born of citizens of the country where he or she is found. Current legislation reveals
adherence of the Philippines to this generally accepted principle of international law.
> Also, RA number 8552 “Domestic Adoption of 1998” and RA number 8042, the Migrant
Workers and Overseas Filipino Act, and the court's rule on adoption expressly refer to Filipino
children. So in all of them, fundings are among the Filipino children who may be adopted.
- Djumantan v. Domingo, G.R. No. 99358, Jan. 30 1995
does marriage of a foreigner to a Filipino bestowed the foreigner permanent residency in Filipino
citizenship?
> NO.
> The Supreme Court held that there is no law guarantying aliens married to Filipinos the right
to be admitted into, much less given permanent residence in, the Philippines. Entry of aliens
into the Philippines and their admission as immigrants is not a matter of right, even if they are
legally married to Filipinos. To acquire Filipino citizenship, a foreigner must undergo
naturalization.
> the alien woman in the above Djumantan case refused to leave this country even after the
expiration of her extended stay here and instead got married to a Filipino, apparently to avoid her
deportation.
> The Court ruled that: Marriage of an alien woman to a husband does not ipso facto make her
a Filipino citizen and does not excuse her from her failure to depart from the Philippine
upon the expiration of her extended stay here as an alien.
Note: Unlike the Moya Lim case where the alien woman married to a Filipino husband did not appear
to have any disqualification for naturalization,
- C.A. No. 473
- R.A. No. 9139
f. Multiple Nationality
An individual can claim nationality from two or more States because of the rule set in the Hague
Convention on Conflict of National Laws which provides that “each State determines who its own
nationals are.”
when may multiple nationality arise?
> Through the application of the “jus soli” and “jus sanguinis” principles a child born of parents
who are nationals of a country applying the principle of jus sanguinis, in a country applying the
jus soli principle has dual nationality.
> Multiple nationality may also arise in case of marriage, or act of government.
□ For instance, a state may allow any of its nationals to remain as such, even if he may have
acquired another nationality as where he is conferred an honorary citizenship by a foreign
government.
Apart from that, multiple nationalities may also arise in the case of the so-called indelible allegiance as
observed by some states wherein an individual may be compelled to retain his original nationality
notwithstanding that he has already renounced or forfeited it under the loss of a second state whose
nationality he has acquired.
An example would be the case of a woman who upon marriage to a foreigner continues to be a national
of her own state under its laws, while also acquiring her husband's nationality in accordance with the
law of his state.
1930 Hague Convention on the Conflict of Nationality Laws
under the 1930 Hague Convention on the Conflict of Nationality Law, how should conflicts in
multiple nationalities be resolved?
1. the first rule is any question as to whether a person possesses the nationality of a particular state
shall be determined in accordance with the law of that state. Hence, where a person possesses
both Philippine and American nationality. His claim to Philippine nationality shall be decided on
the basis alone of the Philippine law to the exclusion of all other laws. If on the one hand, he
claims American nationality, the matter shall be resolved on the basis alone of the American law
to the exclusion of all other laws.
2. The second rule is A person having two or more nationalities may be regarded as its national by
 each state whose nationality he possesses, and a state may not give diplomatic protection to one
of its nationals against a state whose nationality that person possesses. So this is known as the
master nationality rule. The practical effect of this rule is that where a person is a national, for
instance, of two states, state A and state B, and that person is in the territory of state A, then state
B has no right to claim that person as its national or to intervene on that person's behalf.
3. The third rule is if a person has more than one nationality, he shall within a third state be treated
as if he had only one. So the third state shall recognize the nationality of the state with which he
appears to be most closely connected. So the third state shall recognize exclusively either the
nationality of the state in which he is habitually and principally a resident or the nationality of the
state with which he appears in fact to be most closely connected. So this is known as the
principle the principle of effective nationality or the genuine length theory. So it is also known as
the Notibom principle because it was derived from the ruling in the Notibom case. So in this case,
the ICJ ruled that Notibom's naturalization as a citizen of Leichenstein had not been based on any
genuine length with that country but for the sole purpose of enabling him to replace his status as
the national of a belligerent state with that of a neutral state in times of war. So the court held in
this case that Leichenstein was not entitled to take up his case and put forward an international
claim on his behalf against Guatemala.
4. The fourth rule under the 1938 convention on the conflict of nationality law is that if a person
without any voluntary act of his own possesses double nationality, he may renounce one of them
with the permission of the state whose nationality he wishes to surrender and subject to the laws
of the state concerned, such permission shall not be refused if that person has his habitual
residence abroad. For instance, a person was born of Filipino parents in U.S. Such person is
considered both an American citizen by virtue of whose soli and a Filipino citizen by virtue of
whose sanguinis. Now the person, if he has habitually resided in U.S. may renounce his
Philippine citizenship with the permission from the Philippine government. This can be done
through an application or an affidavit of renunciation of Philippine citizenship at the Philippine
embassy abroad.
And finally, The fifth rule is if a person is a national of both a claimant state and a third state not
involved in the claim, that such person shall be deemed a national of the claimant state for purposes of
that claim
- Mercado v. Manzano, G.R. No. 135083, May 26,
1999
FACTS:
Mercado and Manzano were candidates for vice mayor of the City of Makati. Manzano won the
election but his proclamation was suspended in view of a pending petition for disqualification
filed by a certain Ernesto Mamaril who alleged he was not a citizen of the Philippines but of the
United States.
• The disqualification of private respondent Manzano is being sought under §40 of the Local
Government Code of 1991 which provides that "those who have dual citizenship are disqualified
from running for any elective local position".
• He argues that merely taking part in Philippine elections is not sufficient evidence of renunciation
of U.S. citizenship
Manzano was born in San Francisco, California, U.S.A. He acquired US citizenship by operation
of the United States Constitution and laws under the principle of jussoli. He was also a natural
born Filipino citizen by operation of the 1935 Philippine Constitution, as his father and mother were
Filipinos at the time of his birth. He is registered as an American citizen in the Bureau of
Immigration and Deportation and holds an American passport which he used in his last travel to
the United States on April 22, 1997.
COMELEC granted the petition of Mamaril and ordered the cancellation of the certificate of
candidacy of private respondent on the ground that he is a dual citizen. In a motion for
reconsideration the COMELEC enbanc reversed the ruling.
war with any country;
4. Rendering service to, or accepting commission in, the armed forces of a foreign country:
5. Cancellation of the Certificate of Naturalization
6. Having been declared by competent authority, a deserter of the Philippine armed forces in
time of war, unless subsequently, a plenary pardon of amnesty has been granted and;
7. In the case of a woman, upon her marriage to a foreigner, if by virtue of the laws in force of
her husband’s country, she acquires his nationality-
in case a Filipino woman married a foreigner, does the woman lose her Philippine citizenship?
> No. ART. 4, Sec. 4, 1987 Constitution:
> Citizens of the Philippines who marry aliens shall retain their citizenship, unless by their act
or omission, they are deemed, under the law, to have renounced their Philippine citizenship.
Note: Unlike the similar provision in the 1973 Constitution, the above provision of the 1987
Constitution now applies to both males and females who marry aliens.
Board of Immigration Commissioners v. Callano, G.R. No. 24530, Oct. 31, 1968
Facts: Private respondents were the children of Go Chiao Lin, Chinese citizen, and Emilia Callano, a
Filipino citizen. In 1946, the private respondents and their parents went to Amoy, China, for a vacation.
Unfortunately, Go Chiao Lin died while vacationing in China. Their mother subsequently returned to
the Philippines, leaving the private respondents behind.
On December 26, 1961, private respondents returned to the Philippines. At the airport, the
Immigration Inspector referred them to Board of Special Inquiry No. 2, which promulgated a decision
finding the private respondents to be the illegitimate children of Emilia Callano, a Filipino citizen, and
entitled to admission as Filipino citizens. Subsequently, however, the Board of Immigration
Commissioners, exercising its power of review, issued an order reversing the decision of the Board
of Special Inquiry and ordered their exclusion as aliens not properly documented for admission.
The Board of Immigration Commissioners maintained that even if the private respondents were
considered to be Filipino citizens when they left the Philippines in 1946, they lost that citizenship,
firstly, by staying in China for a period of fifteen years, and secondly, because they have become
citizens of the Republic of China in accordance with the Chinese Nationality Law, arising from the
recognition accorded them by their common-law father.
Issue: Whether prolonged stay from the Philippines andrecognition by an alien father are expatriating
acts?
Held: No, they are not expatriating acts.
prolonged stay in a foreign country or recognition by an alien father are not among the grounds in
which a person may store her Philippine citizenship. Such circumstances cannot also be considered as
renunciation of Philippine citizenship because the law requires express renunciation which means a
renunciation that is made known distinctly and explicitly and not left to inference or implication.
Here there was no express renunciation. In fact among the private respondents, only Beato Gokaliano
who had attained the age of majority did not even manifest by direct and appropriate language that he
was disclaiming Philippine citizenship.
On the contrary, he even applied for registration as a Philippine citizen and sought the entry or
sought entry into this country, which according to the court are clear indiciation of his intent to
continue his former status.

ISSUE::
how did the Supreme Court distinguish dual citizenship from dual allegiance?
1. Whether or not dual citizenship is a ground for disqualification.
2. Whether or not Manzano is disqualified to run.
h. Repatriation
RULING:
- R.A. No. 8171
(1) Dual citizenship is different from dual allegiance.

Dual citizenship is a result of the concurrent application of the different laws of two or more
- R.A. No. 9225
states, a person is simultaneously considered a national by the said states.
- Jacot v. Dpal, G.R. No. 179848, Nov. 27, 2008
Dual allegiance, on the other hand, refers to the situation in which a person simultaneously owes, by
some positive act, loyalty to two or more states.

While dual citizenship is involuntary, dual allegiance is the result of an individual's volition.

Instances for the following classes of citizens of the Philippines to possess dual citizenship:
1. Those born of Filipino fathers and/or mothers in foreign countries which follow the principle
of jus soli;
2. Those born in the Philippines of Filipino mothers and alien fathers if by the laws of their
fathers' country such children are citizens of that country;
3. Those who marry aliens if by the laws of the latter's country the former are considered citizens,
unless by their act or omission they are deemed to have renounced Philippine citizenship.

(2) No, the phrase "dual citizenship" in R.A. No. 7160, §40(d) and in R.A. No. 7854, §20 must be
understood as referring to "dual allegiance." Consequently, persons with mere dual citizenship do
not fall under this disqualification.

why did the Supreme Court rule that Respondent was not a dual citizen anymore?
The filing of such certificate of candidacy sufficed to renounce his American citizenship,
effectively removing any disqualification he might have as a dual citizen.

To recapitulate, by declaring in his certificate of candidacy that he is a Filipino citizen; that he is

not a permanent resident or immigrant of another country; that he will defend and support the
Constitution of the Philippines and bear true faith and allegiance thereto and that he does so
without mental reservation, private respondent has, as far as the laws of this country are concerned,
effectively repudiated his American citizenship and anything which he may have said before as a
dual citizen.

how may nationality be lost?

> Voluntary or involuntary.
> voluntary means may include renunciation which may be expressed or implied and request for
release, both of which usually preceded the acquisition of a new nationality.
> Meanwhile, the involuntary means include forfeiture which may result from some
disqualification or prohibited act like enlistment in a foreign army or long continued residence in
a foreign state and the other one is substitution which takes place when there is a change of
sovereignty or any act conferring derivative naturalization.

g. Expatriation
> pertains to the commission of acts that results to loss of citizenship.
- C.A. No. 63
Filipino citizen may lose his citizenship in any of the following ways (Pursuant to Commonwealth Act
No. 63, as amended by Republic Act No 106) by:
1. Naturalization in foreign countries
2. Express renunciation of citizenship
3. Subscribing to an oath of allegiance to support the constitution or laws of a foreign country
upon attaining 21 years old or more: provided, however, that a Filipino may not divest
himself of Philippine citizenship in any manner while the Republic of the Philippines is at