PERSONSHUMAN RELATIONSArticles 19 - 36

Art. 19. Every Person must, in the exercise of his rights and in the performance of his duties, act with justice, give everyone his due, and observe honesty and good faith.

Article 19 : Abuse of Rights Doctrineo Article 19: Rule of conduct that is consistent with an

orderly and harmonious relationship between and among men and women.

o When a person does not conform, a legal wrong is committed and the wrongdoer must be held responsible

o Principle of Abuse of Rights (Albenson Enterprises Corp., vs. CA)

There is a legal right or duty Which is exercised in Bad Faith For the sole intention of prejudicing or

injuring anothero Set certain standards which may be observed not

only in the exercise of one’s rights but also in the performance of one’s duties

To act with justice To give everyone his dues To observe honesty and good faith

o Honesty – careful regard for other’s right and property

o Good Faith – honest intention to avoid undue advantage of another

o Bad faith – does not simply connote bad judgment or negligence; it imparts a dishonest purpose or some moral obliquity and conscious doing of wrong.

o Malice – connotes ill-will or spite and speaks not in response to duty. It implies an intention to do ulterior and unjustifiable harm.

Art. 20. Every person who, contrary to law, willfully or negligently causes damage to another, shall indemnify the latter for the same.

Article 20: speaks of the general sanction for all other provisions of law which do not especially provide their own sanction; indemnification of another due to illegal acts

o “Whoever by act or omission causes damage to another, there being fault or negligence, is obliged to pay for the damage done.’’ (Art. 2176, Civil Code).

Art. 21. Any person who willfully causes loss or injury to another in a manner that is contrary to morals, good customs or public policy, shall compensate the latter for the damage.

Designed to fill in the “countless gaps in the statutes, which leave so many victims of moral wrongs helpless, even though they have actually suffered material and moral injury”; indemnification due to immoral acts

o Deals with acts Contra Bonus Mores, and has the following elements:

There is an act which is legal

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But which is contrary to morals, good customs, public order, or public policy

And it is done with intent to injure Breach of Promise to marry

o If there’s carnal knowledge; may ask indemnity for: Actual damages for expenses in wedding

preparation Ask to recognize the child should there be

one Moral damages

o If there’s carnal knowledge; may ask indemnity for: Actual Moral Exemplary

Nominal damages – are granted for the vindication or recognition of a right violated or invaded, and not for the purpose of indemnifying the plaintiff for any loss suffered by him.

Violenti non fit injuria – A person who knows and comprehends the peril and voluntarily exposes himself or herself to it, although not negligent in doing so, is regarded as engaging in Assumption of the Risk and is precluded from a recovery for an injury ensuing therefrom.

Damnum absque injuria – If damage results from a person exercising his legal right

Art. 19 and 21 – the act must be intentional Art. 20 – act may be done either willfully or negligently Pari delicto – “in equal fault; in a similar offense or crime;

equal in guilt or in legal fault.”

Art. 22. Every person who through an act of performance by another, or any other means, acquires or comes into possession of something at the expense of the latter without just or legal grounds, shall return the same to him.

“Concept of Restoration”; Prevention of Unjust Enrichment

o Nemo cum allterius detriment protest No person should unjustly enrich himself at

the expense of anothero Nemo ex alterius incommode debet lecupletari

No man ought to be made rich out of another’s injury

Essential Requisites of an “Accion in Rem Verso’’o One party must be enriched and the other made

poorer;o There must be a casual relation between the two;o The enrichment must not be justifiable;o There must be no other way to recover ;o The indemnity cannot exceed the loss or

enrichment whichever is less.

Art. 23. Even when an act or event causing damage to another’s property was not due to the fault or negligence of the defendant, the latter shall be liable for indemnity if through the act or event he was benefited.

Unless there is a duty to indemnify, unjust enrichment will occur.

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Art. 24. In all contractual, property, or other relations, when one of the parties is at a disadvantage on account of his moral dependence, ignorance, indigence, mental weakness, tender age or other handicap, the courts must be vigilant for his protection.

Court Vigilanceo The courts must render justice, and therefore, they

must be very vigilant in protecting the rights of the party that is on a disadvantage with the end view that rulings should be made in consonance with what is right and legal

o Disadvantage must be take on a case-to-case basis Parens Patriae – father or parent of his country

Art. 25. Thoughtless extravagance in the expense for pleasure or display during a period of acute want or emergency may be stopped by order of the courts at the instance of any governmental or private charitable institution.

Extravagance During Emergencyo The law seeks to prevent inconsiderate and

ostentatious activities during times of emergencyo Entities with legal standing: Government and

Private Charitable institutions.

Art. 26. Every person shall respect the dignity, personality, privacy, and peace of mind of his neighbors and other persons. The following and similar acts, though they may not constitute a criminal offense, shall produce a cause for damage, prevention, and other relief:

1. Prying into the privacy another’s residence;

2. Meddling with or disturbing the private life or family relations of another;

3. Intriguing to cause another to be alienated from his friends;

4. Vexing or humiliating another on account of his religious beliefs, lowly station in life, place of birth, physical defect, or other personal condition.

Protection of Human Dignityo If statutes insufficiently protect persons from being

unjustly humiliated, then the law is defectiveo The privacy of one’s home is an inviolable righto The acts referred to in no. 2 are multifarious, yet

many of them are not within the purview of the laws in force

o Religious freedom does not authorize anyone to heap obloquy and disrepute upon another by reason of the latter’s religion.

Art. 27. Any person suffering material or moral loss because a public servant or employee refuses or neglects, without just cause, to perform his official duty may file an action for damages and other relief against the latter, without prejudice to any disciplinary administrative action that may be taken.

Relief Against Public Officialso Any person suffering from the refusal or neglect of

any government employee or public servant to perform his duties is entitled to damage.

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o A public officer who commits tort or other wrongful act done in excess or beyond the scope of his duty, is not protected by his office and is personally liable

Art. 28. Unfair completion in agricultural, commercial or industrial enterprises or in labor through the use of force, intimidation, deceit, machination or any other unjust, oppressive or highhanded method shall give rise to a right of action by the person who thereby suffers damage.

Unfair competitiono Democracy becomes a veritable mockery if any

person or group of persons by any unjust or highhanded method may deprive others of a fair chance to engage in business or earn a living

Test of Unfair Competitiono Whether certain goods have been intentionally

clothed with an appearance which is likely to deceive the ordinary purchasers exercising ordinary care.

Art. 29. When the accused in a criminal prosecution is acquitted because his guilt has not been proved beyond reasonable doubt, a civil action for damages for the same act or omission may be instituted. Such action requires only a preponderance of evidence. Upon motion of the defendant, the court may require the plaintiff to file a bond to answer for damages in case the complaint should be found to be malicious.

If in a criminal case the judgment of acquittal is based upon reasonable doubt, the court shall so declare. In the absence of any

declaration to that effect, it may be inferred from the text of the decision whether or not the acquittal is due to that ground.

For every criminal case, there is Civil liability (RPC Art. 100) Civil action

o Proof beyond reasonable doubt Amount of proof which forms and abiding

moral certainty that the accused committed of a crime charge

o Preponderance of evidence The evidence adduced by one side

outweighs that of the adverse party Needed for civil case

Art. 30. When a separate civil action is brought to demand civil liability arising from a criminal offense and no criminal proceeding are instituted during the pendency of the civil case, a preponderance of evidence shall likewise be sufficient to prove the act complained of.

Civil obligation arising from a criminal offense

Art. 31. When the civil action is based on an obligation not arising from the act or omission complained of as a felony, such civil action may proceed independently of the criminal proceedings and regardless of the result of the latter.

Art. 31 seeks to give aggrieved parties a cause of action if such situation happens:

o Quasi delict – fault or negligence, if there is no pre-existing contractual relation between the parties

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Culpa Aquiliana Is separate and distinct from criminal

negligence Whoever by act or omission causes damage to another,

there being fault or negligence, is obliged to pay for the damage done. Such fault or negligence, if there is no pre-existing contractual relation between the parties, is called a quasi-delicate and is governed by the provisions of this Chapter. (Art. 2176, NCC)

When the civil action is based on an obligation not arising from the act or omission complained of as felony, such civil action may proceed independently of the criminal proceedings and regardless of the result of the latter

Art. 31 also applies to culpa contractualo When a person is acquitted of a criminal charge,

civil liability may still arise A contract is also an obligation which makes

culpa contractual fall under 31 Negligence – defined as the failure to observe for the

protection of the interest of another person that degree of care, precaution and vigilance which the circumstances greatly demand, whereby such other persons suffer injury.

Art. 32. Any public officer or employee, or any private individual, who directly or indirectly obstructs, defeats, violates or in any manner impedes or impairs any of the following rights and liberties of another person shall be liable to the latter for damages:

1. Freedom of Religion; 2. Freedom of Speech;

3. Freedom to write for the press or to maintain a periodical publication;

4. Freedom from arbitrary or illegal detention;5. Freedom of suffrage;6. The right against deprivation of property without due

process of law;7. The right to a just compensation when private property is

taken for public use;8. The right to the equal protection of the laws;9. The right to be secure in one’s person, house papers, and

effect against unreasonable searches and seizures;10. The liberty of abode and of changing the same;11. The privacy of communication and correspondence;12. The right to become a member of associations or societies

for purposes not contrary to law;13. The right to take part in a peaceable assembly to petition

the government for redress of grievances;14. The right to be free from involuntary servitude in any form;15. The right of the accused against excessive bail16. The right of the accused to be heard by himself and counsel,

to be informed of the nature and cause of the accusation against him, to have a speedy and public trial, to meet the witnesses face to face, and to have compulsory process to secure the attendance of witness in his behalf;

17. Freedom from being compelled to be a witness against one’s self, or from being forced to confess guilt, or from being induced by a promise of immunity or reward to make such confession, except when the person confessing became a State witness;

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18. Freedom from excessive fines, or cruel and unusual punishment, unless the same is imposed or inflicted in accordance with a statute which has not been judicially declared unconstitutional; and

19. Freedom of access to the courts;

In any of the cases referred to in this article, whether or not the defendant’s act or omission constituted a criminal offense, the aggrieved party has a right to commence an entirely separate and distinct civil action for damages, and for other relief. Such civil action shall proceed independently of any criminal prosecution (if the latter be instituted), and may be proved by a preponderance of evidence.

The indemnity shall include moral damages. Exemplary damages may also be adjudicated.

The responsibility herein set forth is not demandable from a judge unless his act or omission constitutes a violation of the Penal Code or other penal statute.

Art. 33. In cases of defamation, fraud and physical injuries, a civil action for damages, entirely separate and distinct from the criminal action, may be brought by the injured party. Such civil action shall proceed independently of the criminal prosecution, and shall require only a preponderance of evidence.

Principle is to allow the citizen to enforce his rights regardless of State action so that citizen s will not depend upon the government for the vindication of their own private rights.

Includes fraud, defamation, physical injuries and are understood in their ordinary sense.

Criminal negligence (reckless imprudence) is not included in this article, thus an independent action for such cannot be made independently from the criminal prosecution.

Art. 33 is more for the benefit of the claimant or victim than anybody else. Nevertheless, if he files a civil case under Art. 33, the victim can no longer intervene in the prosecution of the criminal case.

Art. 34. When a member of a city or municipal force refuses or fails to render aid or protection to any person in case of danger to life or property, such officer shall be primarily liable for damages, and the city or municipality shall be subsidiary responsible therefor. The preponderance of evidence shall suffice to support the action.

It does not cover members of the Philippine National Police or the Army

Primary Liability: member of the police force who refuses to render aid

Subsidiary Liability: the municipality in case of insolvency

Art. 35. When a person claiming to be injured by a criminal offense, charges anther with the same, for which no independent civil action is granted in this Code or any special law, but the justice of the peace finds no reasonable grounds to believe that a crime has been committed, or the prosecuting attorney refuses or fails to institute criminal proceedings, the complainant may bring a civil action for damages against the alleged offender. Such civil action may be supported by preponderance of evidence. Upon the defendant’s

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motion, the court may require the plaintiff to file a bond to indemnify the defendant in case the complaint should be found to be malicious.

If during the pendency of the civil action, an information should be presented by the prosecuting attorney, the civil action shall be suspended until the termination of the criminal proceedings.

When a person claiming to be injured by a criminal offense, charges another but the judges fails to find any crime to have been committed or if the prosecuting attorney refuses/fails to institute criminal proceedings, complainant may file a civil action for damages against alleged offender.

This Article applies to cases when there is no independent civil action (such as when the liability sought to be recovered arises from a crime); and not to a tortious action such as that provided for under Art. 33.

Art. 36. Prejudicial questions which must be decided before any criminal prosecution may be instituted or may proceed, shall be governed by rules of court which the Supreme Court shall promulgate and which shall not be in conflict with the provisions of this Code,

The general rule is that the criminal case takes precedence; an exception would be if there exist prejudicial questions, which should be resolved before the criminal case.

PREJUDICIAL QUESTIONS

o That which must precede the criminal action that which requires a decision before a final judgment is rendered in the principal action where the said question is closely connected. The resolution of the prejudicial question will determine if the criminal action may proceed.

Requisites of Prejudicial questions:o The civil case involves facts intimately related to

those upon which the criminal prosecution would be based;

o In the resolution of the issue or issues raised in the civil actions, the guilt or innocence of the accused would necessarily be determined; and

o Jurisdiction to try, said question must be lodged in another tribunal.

PERSONS

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CIVIL PERSONALITY – GENERAL PROVISIONSArt. 37 – 39

Person — any being, natural or artificial, capable of possessing legal rights and obligations. (2 Sanchez Roman 110).

2 Kinds of Persons Natural persons — human beings created by God through

the intervention of the parents. Juridical persons — those created by law. (2 Sanchez Roman

112-114).

Art. 37. Juridical capacity, which is the fitness to be the subject of legal relations, is inherent in every natural person and is lost only through death. Capacity to act, which is the power to do acts with legal effect, is acquired and may be lost.

Juridical Capacity - The fitness to be the subject of legal relations; Acquired upon birth and terminated upon death

Capacity to Act - The power to do acts with legal effect. Full or complete capacity - The union of the two kinds of

capacity (plena capacidad civil).

Juridical Capacity Capacity to Acta. Passiveb. Inherentc. Lost only through deathd. Can exist without capacity

to act

a. Activeb. Merely Acquiredc. Lost through death and

maybe restricted by other cause

d. Exist always with Jur. Cap.

Art. 38. Minority, insanity or imbecility, the state of being a deaf-mute, prodigality and civil interdiction are mere restrictions on capacity to act, and do not exempt the incapacitated persons from certain obligations, as when the latter arise from his acts or from property relations, such as easements.

Art. 39. The following circumstances, among others, modify or limit capacity to act: age, insanity, imbecility, the state of being a deaf-mute, penalty, prodigality, family relations, alienage, absence, insolvency ad trusteeship. The consequences of these circumstances are governed in this Code, other codes, the Rules of Court, and in special laws. Capacity to act is not limited on account of religious belief or political opinion.

A married woman, twenty-one years of age or over, is qualified for all acts of civil life, except in cases specified by law.

Significance of 38 and 39o To make an overview of the situation that qualifies

a person’s power to undertake acts which can produce legal effects

o The consequences of these restrictions and modifications in a person’s capacity to act are provided

o Article 38 restricts capacity to acto Article 39 is broader in scope but it enumerates

situations which merely modify the capacity to act

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PERSOSNSNATURAL PERSONSART. 40- 43

Art. 40. Birth determines personality; but the conceived child shall be considered born foal all purposes that are favorable to it, provided, it be born later with the conditions specified in the following article.

Presumptive personality – Personality at Conception provided that it may be born afterwards

Art. 41. 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.

2 kinds of children;o Ordinary — with an intra-uterine life of at least

seven months. (Mere birth is sufficient here.)o Extraordinary — if the intra-uterine life be less than

seven months. (Here the child must have lived for at least 24 hours)

Commencement of Civil Personalityo Article 5 of PD 603 “Child and Youth Welfare Code”

amended Art. 40 The civil personality of the child shall

commence from the time of his conception

for all purposes favorable to him, subject to the requirements of Art.41

o A conceived child although not yet born, is given a provisional personality

Has right for supporto For purposes of inheritance and succession, a child

already conceived at the time of the death of the decedent is capable of succeeding, provided it will be born later under the conditions in Art. 41.

Birth Certificateo The best evidence of the fact of birtho The entries therein are only prima facie evidence

Can be rebutted by competent evidenceo In case of an exposed child

The person who found the same shall report to the local civil registrar the place, date, and hour of finding and other attendant circumstances

I case of an illegitimate child, the birth certificate shall be signed and sworn jointly by the parents of the infant or only by the mother if the father refuses

In the latter case, it shall not be allowed to state in the document the name of the father who refused to acknowledge the child

Commencement of Civil Personality

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o Birth records, including the birth certificate are strictly confidential and the contents therein cannot be revealed unless the cases provided by law

o Art. 7 of Child and Youth Welfare Code, birth certificate can be issued to:

Person himself, or any person authorized by him

His spouse, parents, direct descendants, or the guardian or institution legally in charge of him if he is a minor

Court or proper public official whenever absolutely necessary in administrative, judicial, or other official proceedings

In case of person’s death, the nearest kin

Art. 42. Civil personality is extinguished by death.

The effect of death upon the rights and obligations of the deceased is determined by law, by contract and by will.

Death puts an end to civil personality Death Certificate

o The office of the local civil registrar of a municipality or city must have in its custody the death certificates of persons who died in its locality

o No human shall be buried unless the proper death certificate has been presented and recorded in the office of the local registrar

o During epidemic, bodies may be buried, provided the proper death certificates have been secured,

which shall be registered not later than five days after the burial of the body

Effect of Physical Death: Contract, Will, and the Lawo The rights and obligations of a dead person can still

be regulated by contract, will, or the lawo Creditors are given the right to claim from the

estate of the deceased any obligation due them before the estate cab finally be partitioned in favor of the heirs

Legal effects of death:o The right to support endso A marriage, whether voidable or valid, also endso The tenure of public office endso If an individual dies, the property or estate left by

him should be subject to the tax in generally the same manner as if he were alive.

o If a person dies after he has authorized another to sell the former’s property, the sale after such death is not valid, if made by the agent with knowledge of the principal’s death. This is true even if the buyer be in good faith.

Art. 43. If there is a doubt, as between two or more persons who are called to succeed each other, as to which of them died first, whoever alleges the death of one prior to the other, shall provide the same; in the absence of proof, it is presumed that they died at the same time and there shall be no transmission of rights from one to the other.

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Proof of Deatho Art. 43 applies only to persons who are called to

succeed each othero Proof of death established by

Positive evidence Circumstantial evidence derived from facts

o Can never be established from mere inference arising from another inference or from presumptions or assumption

Presumption of Survivorshipa. If both were under the age of fifteen years, the older is

presumed to have survived;b. If both were above the age of sixty, the younger is

presumed to have survived;c. If one be under fifteen and the other above sixty, the

former is presumed to have survived;d. If both be over fifteen and under sixty, and the sexes be

different, the male is presumed to have survived; if the sexes be the same, then the older;

e. If one be under fifteen or over sixty, and the other between those ages, the latter is presumed to have survived.

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PERSONSJURIDICIAL PERSONSArt. 44 – 47

Art. 44. The following are juridical persons:

1. The state and its political subdivisions;2. Other corporations, institutions and entities for public

interest or purpose, created by law; their personality begins as soon as they have been constituted according to law;

3. Corporations, partnership and associations for private interest or purpose to which the law grants a juridical personality, separate and distinct from that of each shareholder, partner or member.

Two kinds of Juridical Personso Public Juridical Persons

Public corporations like the province and the city

The state itselfo Private Juridical Persons

Private Corporations Partnership Foundation

Art. 45. Juridical persons mentioned in Nos. 1 and 2 of the preceding article are governed by the law creating or recognizing them.

Private corporations are regulated by law of general application on the subject.

Partnerships and associations for private interest or purpose are governed by the provisions of this Code concerning partnerships.

Nationality of Private Corporation is generally determined by the place of its incorporation

o Exception For the grant of the rights in the

Constitution to the operation of public utilities, and for the acquisition of land and other natural resources, a corporation, even if incorporated here, cannot acquire said rights unless 60% of its capital be Philippine-owned.

During war, we may pierce the veil of corporate identity, and go to the very nationality of the controlling stockholders regardless of where the incorporation had been made.

Art. 46. Juridical persons may acquire and possess property f all kinds, as well as incur obligations and bring civil or criminal actions, in conformity with the laws and regulations of their organization.

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Rights f Juridical Personso To acquire and possess property of all kindso To incur obligationo To bring criminal or civil actions

Juridical Personso A being of legal existence susceptible of rights and

obligations, or of being the subject of juridical relations

Stateo The state and its political subdivisions are juridical

personso Sovereign person with the people composing it

viewed as an organized corporate society under a government with the legal competence to exact obedience of its commands

o Can enter into treaties and contractso The state cannot be sued without its consent

Consent implied when the government enters into business contracts, thereby descending to the level of the other contracting party

Or when the state files a complaint, thus opening itself to a counterclaim

Political subdivisionso Are municipal corporations and, in the Philippines,

consist of the provinces, cities, and municipalitieso Municipal corporations exist in a dual capacity

If performing governmental functions, they are immune from suit unless provided by their charter

The municipality cannot be held liable for the torts committed by its regular employee who was then engaged in the discharge of governmental functions

o Exercise a private property or corporate right arising from their existence as legal persons and not as public agencies

Corporationso Batas Pambansa Blg. 68 “Corporation Code of the

Philippines” governs public corporationso Artificial being created by operation of law, having

the right of succession and the powers, attributes, and properties expressly authorized by law or incident to its existence

o Creatures of the law and can only come into existence in the manner prescribed by law

Partnershipo By contract of such, two or more persons bind

themselves to contribute to a common fund, with the intention of dividing profits among themselves

o Can be formed for the exercise of a profession Distinct Personality and Exceptions

o Corporations, partnerships and associations for private interest and purpose may be granted by law a juridical personality, separate and distinct from that of each shareholder, partner or member

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o The obligation of the corporations is not obligation of the stock holder and vice versa

o But, shareholders can be held liable for the liabilities of a corporation

Art. 47. Upon the dissolution of corporations, institutions and other entities for public interest or purpose mentioned in No. 2 of Article 44, their property and other assets shall be disposed of in pursuance of law or the charter creating them. If nothing has been specified on this point, the property and other assets shall be applied to similar purposes for the benefit of the region, province, city or municipality which during the existence of the institution derived the principal benefits from the same.

Dissolutiono Governed by this Corporation Codeo With respect to corporations for public interest or

purposes created by a charter, their dissolution shall be governed in accordance with the provisions of their respective charters and in the absence of such provisions, by the provision of the Corporation Code.

Rule If Public Juridical Persons Are Dissolvedo This Article refers to public corporations or

associations.o How assets are to be distributed:

First apply the provisions of the law or charter creating them.

If there is no such provision, the assets will be for the benefit of the place which was already receiving the principal benefits during the existence of the corporation or association.

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PERSONSCITIZENSHIP AND DOMICILEArt. 48 – 51

Citizenship - is the status of being a citizen, or of owing allegiance to a certain state for the privilege of being under its protection.

Nationality - refers to a racial or ethnic relationship. Three kinds of Citizens

o Natural-born citizen — those who are citizens of the Philippines from birth without having to perform any act to acquire or perfect their Philippine citizenship.

o Naturalized citizens — citizens who become such through judicial proceedings.

o Citizen by election — citizens who become such by exercising the option to elect a particular citizenship, usually within a reasonable time after reaching the age of majority.

Two Theories on Whether Place or Ancestry Determines Citizenship

o Jus soli — if born in a country, a person is a citizen of the same.

o Jus sanguinis — one follows the citizenship of his parents; this is citizenship by blood. (followed in PH)

Art. 48. The following are citizens of the Philippines:1. Those who were citizens of the Philippines at the time of

the adoption of the Constitution of the Philippines;2. Those born in the Philippines of foreign parents who, before

the adoption of said Constitution, had been elected to public office in the Philippines;

3. Those whose fathers are citizens of the Philippines;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.

Naturalization - is the process of acquiring the citizenship of another country.

Citizenshipo Constitution

Citizens of the Philippines at the time if the adaptation of the Constitution

Those whose fathers and mothers are citizens of the Philippines

Born before January 17, 1973 of Filipino mothers who elected Philippine citizenship upon reaching the age of majority (natural-born)

Those who are naturalized in accordance with law

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o Natural born citizens are those who are citizens of the Philippines from birth, without having to perform any act to acquire or perfect their Philippine citizenships

Acquisition of Citizenshipo A proper petition shall be filed in the proper court

which, after due hearing, shall issue certificate of naturalization

o Qualifications No less than 21 years of age on the day of

the hearing of the petition Must have resided in the Philippines for a

continuous period of not less than 10 years Good moral character Must own real estate in the Philippines not

less than 5 thousand pesos or must have some lucrative trade, profession, or lawful occupation

Able to speak and write English or Spanish and any one of the principal Philippine languages

Must have enrolled his minor children of school age in any school recognized by the Office of Private Education of the Philippines

o Special Qualifications – reduced to 5 years Honorably held office under government of

the Philippines Established a new industry or introduced a

useful invention in the country

Married to a Filipino woman Engaged as a teacher in the Philippines not

established for exclusive instruction of a particular nationality or race

Having been born in the Philippineso Disqualification

Opposes the government (activities or associations that oppose)

Defending or teaching the necessity or propriety of violence, etc.

Polygamists Convicted of crimes involving moral

turpitude Suffering from mental alienation or

contagious diseases Have not mingled socially with the Filipinos;

have not evinced a sincere desire to learn and embrace all customs, ideals, and aspirations of the Filipinos

Citizens of a country whose laws do not grant Filipinos the right to become naturalized citizens

Loss and Reacquisition of Citizenshipo Grounds for loss of Citizenship

Naturalization in a foreign country Express renunciation of citizenship Subscribing to an oath of allegiance to

support the constitution or laws of a foreign country upon attaining 21 years old

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Rendering service to, or accepting commission in the armed forces of a foreign country, except

Philippines has a defensive and/or offensive pact with that country

Said country maintains armed forces on Philippine territory with the consent of the Philippines

Cancellation of certificate of naturalization Declared as deserter of the Philippine

armed forces in time of war In case of a woman, upon marriage to a

foreigner and he law of the latter dictates the she acquires their citizenship

o Reacquisition Naturalization Repatriation of deserters Direct act of Congress

Art. 50. For the exercise of civil rights and the fulfillment of civil obligations, the domicile of natural parsons 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.

Domicileo Denotes a fixed permanent residence to which

when absent, one has the intention of returning

o Residence coupled with the intention to remain for an unlimited time

o A minor follows the domicile of his parentso It can only be lost or change when the following

happen Actual removal or actual change of domicile Bona fide intention of abandoning the

former place of residence for a new one Acts which correspond with the purpose

o Residence: used to indicate a place of abode, whether permanent or temporary is established or where they exercise their principal functions.

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