chapter 3, conflict of laws

7/29/2019 Chapter 3, Conflict of laws

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GROUP 2: Doris Y. Flores, Jun Diego Inapan,Kathleen S. Tabares, Marife F. Eleco


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Three most common Personal Laws

Nationality Rule Domiciliary Rule Eclectic Theory


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The status and capacity of an individualare generally governed by the law of his

nationality

Nationality Rule


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Art. 15. Laws relating to family rights andduties, or to the status, condition and legal

capacity of persons are binding upon

citizens of the Philippines, even though

living abroad.


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The status, condition, rights, obligations, &

capacity of a person should be governed by the

law of his domicile

Domiciliary Rule


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The capacity, legal condition, or status ofan individual should be governed by the law of

the place where an important element of the

problem occurs of situated.

Situs or Eclectic Theory


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CITIZENSHIP


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NATURAL PERSON

JURIDICALPERSON


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NATURAL PERSON under the constitution is

considered a Filipino

citizen.


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JURIDICAL PERSON- at 60% of

whose capital is owned by Filipinonatural persons.

NATURALPERSON


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WAYS OF ACQUIRING CITIZENSHIP

1. BY BIRTH

2. BY NATURALIZATION


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KINDS OF CITIZENSHIP

1. NATURAL BORN

2. NATURALIZED


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PROBLEMS IN APPLYING THE

NATIONALITY PRINCIPLE

1. MULTIPLE CITIZENSHIP

FAILURE TO COMPLY LEGISLATIVE ACT

COMBINED APPLICATION VOLUNTARY ACT


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PROBLEMS IN APPLYING THE

NATIONALITY PRINCIPLE

2. STATELESSNESS

DEPRIVATION VOLUNTARY RELEASE

RENUNCIATION APPLICABLE PRINCIPLE


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DUAL CITIZENSHIP

PRINCIPLE

OF JUS SOLI.

BORN IN THE

PHILIPPINES

WITH ALIEN

FATHERS

THOSE WHO

MARRY ALIENS


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LOSS OF CITIZENSHIP

NATURALIZATION IN AFOREIGN COUNTRY


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EXPRESS RENUNCIATION

LOSS OF CITIZENSHIP


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NATURALIZATION IN A

FOREIGN COUNTRY

SUBSCRIBING TO ANOATH OF ALLEGIANCE

LOSS OF CITIZENSHIP


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SUBSCRIBING TO AN

OATH OF ALLEGIANCE



ACCEPTING COMMISSIONIN THE MILITARY

LOSS OF CITIZENSHIP


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CANCELLATION



SUBSCRIBING TO AN OATH

OF ALLEGIANCE

LOSS OF CITIZENSHIP


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CANCELLATION


DECLARATION

LOSS OF CITIZENSHIP



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CANCELLATION


DECLARATION

UPON HE MARRIAGE TO

A FOREIGNER

LOSS OF CITIZENSHIP



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Direct act ofCongress

NaturalizationAdministrative

Repatriation

FilipinoCitizenship

Re-acquisition of

RE-ACQUISITION OF FILIPINO CITIZENSHIP


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DOMICILE


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DOMICILE BY

OPERATION OF

LAW

DOMICILE OF

CHOICE

DOMICILE OF

ORIGIN OR

BIRTH

KINDS OF DOMICILE


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2Once established remains

1Domicile somewhere

3Only one domicile at a time

ESTABLISHED RULES IN DETERMINING

DOMICILE

REQUIREMENTS IN CHANGING DOMICILE OF


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ACTUALBONAFIDEINTENTION

PURPOSE

Removal orChange

*Abandoningthe former

*establishinga new one

Acts whichcorrespond

the purpose

REQUIREMENTS IN CHANGING DOMICILE OF

ORIGIN OR DOMICILE OF CHOICE


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CONCURRENCE FOR A NEW DOMICILE

BodilyPresence Intention

to remain

Intention

toabandon

DOMICILE OFCHOICE


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ART. 69. The husband and wife shall fix the family domicile.

xxx

Domicile of wife and minor children


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Domicile

fixed residence to which, whenabsent one has the intention of returning

Residence

a place of abode whetherpermanent or temporary


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Domicile

and

Venue


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chapter 3, conflict of laws

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