1.

Problem of Renvoi

“While a state has to follow its statutory directive as to choice of law, there are times when the
statutory directive, instead of applying local law, actually directs the application of a foreign law
on the matter.” (Pe Benito)

Where a testator, who was a Canadian national, but domiciled in Mexico, died leaving properties
in his domiciled country and survived by one legitimate child who is Canadian and one
illegitimate child who is a Mexican. The court shall need to consider which law should be
applied in dealing with the properties of the decedent under succession laws.

The illegitimate child claimed his right to his legitime pursuant to Mexico law. This was opposed
by the decedent's legitimate child contending that the illegitimate child has no right to his legitime
pursuant to the law of Canada or the law of Nationality of the decedent.
However, law of Canada referred back the matter to the law of the domiciled country of the
decedent. In this case, the Renvoi problem arises. Hence, the Mexico court will take cognizance
of the matter and shall apply its law on succession. Additionally, the law of Mexico provides for
the applicability of the law of the domicile, by reason of which the Court validly ruled in favor of
the illegitimate child.

2. Who are the citizens of the Philippines?

According to Article 4 (Citizenship), Section 1, The following are citizens of the

Philippines:

[1] Those who are citizens of the Philippines at the time of the adoption of this Constitution;

[2] Those whose fathers or mothers are citizens of the Philippines;

[3] Those born before January 17, 1973, of Filipino mothers, who elect Philippine citizenship upon
reaching the age of majority; and

[4] Those who are naturalized in accordance with law.

3. Who is a stateless person?

A “stateless person” is someone who is not considered as a national by any state under the
operation of its law. (1954 Convention relating to the Status of Stateless Persons).

A person may become stateless by any of the following means:

a. He may have been deprived of his citizenship for any cause, such as the commission of a
crime;
b. He may have renounced his nationality by certain acts, express or implied;
c. He may have voluntarily asked for a released from his original state;
d. He may have been born in a country which recognizes only the principle of jus sanguinis
– citizenship by blood, of parents whose law recognizes only the principle of jus soli –
citizenship by birth in a certain place. Thus, he is neither a citizen of the country where he
was born, nor a citizen of the country of his parents.

4. What are the ways of acquiring Philippine citizenship through naturalization?

Differentiate one from the others.

Naturalization signifies the act of formally adopting a foreigner into the

political body of a nation by clothing him or her with the privileges of
a citizen.
Under current and existing laws, there are three ways by which an alien
may become a citizen by naturalization:
(a) administrative naturalization pursuant to RA No. 9139
- is provided for under Republic Act 9139, otherwise known as “ The
Administrative Naturalization Law of 2000” . Said law allows an
administrative procedure for naturalization without judicial intervention. In
contrast to CA No. 473, R.A. No. 9139 applies only to aliens who have been
born within the country and have never seen any other country and thought of
themselves as being Filipinos all their lives.

(b) judicial naturalization pursuant to C.A. No. 473, as amended ;

- Commonwealth Act No. 473 as amended provides acquiring Philippine
citizenship through judicial naturalization.

- Naturalization under this law involves the intervention of a court of law that
will decide if the applicant should be granted naturalization.

(c) legislative naturalization in the form of a law enacted by

Congress bestowing Philippine citizenship to an alien
- is through a direct act of Congress in the form of a law specifically vesting
Philippine citizenship to an alien.
 - Legislative naturalization is quite rare as its discretionary is on the part of
Congress and reserved only for aliens who have made outstanding
contributions to the country.

- Immigration Executive Director Roy Almoro opined in a news article that

citizenship granted through an act of Congress is conferred only to aliens
who have made "significant" contributions to the government or to the
national patrimony.

5. What are the qualifications for each mode of naturalization?

a. Qualifications for ADMINISTRATIVE NATURALIZATION (RA No. 9139,

Section 3)

- (a) The applicant must be born in the Philippines and residing therein
since birth;
- (b) The applicant must not be less than eighteen (18) years of age, at the
time of filing of his/her petition;
- (c) The applicant must be of good moral character and believes in the
underlying principles of the Constitution, and must have conducted
himself/herself in a proper and irreproachable manner during his/her entire
period of residence in the Philippines in his relation with the duly
constituted government as well as with the community in which he/she is
living;
- (d) The applicant must have received his/her primary and secondary
education in any public school or private educational institution dully
recognized by the Department of Education, Culture and Sports, where
Philippine history, government and civics are taught and prescribed as part
of the school curriculum and where enrollment is not limited to any race
or nationality: Provided, That should he/she have minor children of school
age, he/she must have enrolled them in similar schools;
- (e) The applicant must have a known trade, business, profession or lawful
occupation, from which he/she derives income sufficient for his/her
support and if he/she is married and/or has dependents, also that of his/her
family: Provided, however, That this shall not apply to applicants who are
college degree holders but are unable to practice their profession because
they are disqualified to do so by reason of their citizenship;
- (f) The applicant must be able to read, write and speak Filipino or any of
the dialects of the Philippines; and
 - (g) The applicant must have mingled with the Filipinos and evinced a
sincere desire to learn and embrace the customs, traditions and ideals of
the Filipino people.

b. Qualifications for JUDICIAL NATURALIZATION (CA No. 473, Section

2)

- First. He must be not less than twenty-one years of age on the day of the
hearing of the petition;
- Second. He must have resided in the Philippines for a continuous period of
not less than ten years;
- Third. He must be of good moral character and believes in the principles
underlying the Philippine Constitution, and must have conducted himself
in a proper and irreproachable manner during the entire period of his
residence in the Philippines in his relation with the constituted government
as well as with the community in which he is living.
- Fourth. He must own real estate in the Philippines worth not less than five
thousand pesos, Philippine currency, or must have some known lucrative
trade, profession, or lawful occupation;
- Fifth. He must be able to speak and write English or Spanish and any one
of the principal Philippine languages; and
- Sixth. He must have enrolled his minor children of school age, in any of
the public schools or private schools recognized by the Office of Private
Education1 of the Philippines, where the Philippine history, government
and civics are taught or prescribed as part of the school curriculum, during
the entire period of the residence in the Philippines required of him prior
to the hearing of his petition for naturalization as Philippine citizen.

c. Qualifications for LEGISLATIVE NATURALIZATION

- Pursuant to their legislative authority under Article VI, Section

1 of the 1987 Constitution, Congress of the Philippines composed
of the Senate and the House of Representatives has the authority
to grant Filipino citizenship to certain foreign nationals f or their
notable service to the country and to the Filipino people.

- In the case of legislative naturalization, the pathway to Filipino

citizenship is commenced by filing a bill by any member of the
House of the Representatives or the Senate of the Philippines.

6. Read “The Administrative Naturalization Law of 2000”. What is its declared policy?

Declared policy of RA 9139 - “The Administrative Naturalization Law of 2000” is

found under Section 2 which states “The State shall control and regulate the
 admission and integration of aliens into its territory and body politic including the
grant of citizenship to aliens. Towards this end, aliens born and residing in the
Philippines may be granted Philippine citizenship by administrative proceedings
subject to certain requirements dictated by national security and interest.”

7. Memorize Art. 26 of the Family Code. Read and write digest of related Orbecido and
Manalo cases.

G.R. No. 154380 October 5, 2005

REPUBLIC OF THE PHILIPPINES, Petitioner, vs.
CIPRIANO ORBECIDO III, Respondent.

FACTS:
 Herein respondent and Lady Villanueva got married in Ozamis City.
 Five years later, respondent’s wife left for US and later became naturalized American
citizen.
 Sometime in 2000, Cipriano learned from his son that his wife had obtained a divorce
decree and then married a certain Innocent Stanley.
 Thereafter, respondent filed with the trial court a petition for authority to remarry
invoking Paragraph 2 of Article 26 of the Family Code.
 No opposition was filed and the petition was allowed by the lower court.
 OSG sought reconsideration but it was denied.

ISSUE:
 Whether Paragraph 2 of Article 26 of the Family Code apply to the case of respondent

HELD:
 The court ruled that Paragraph 2 of Article 26 should also be applied in the present case.

 Taking into consideration the legislative intent and applying the rule of reason, we hold
that Paragraph 2 of Article 26 should be interpreted to include cases involving parties
who, at the time of the celebration of the marriage were Filipino citizens, but later on, one
of them becomes naturalized as a foreign citizen and obtains a divorce decree.

 The Filipino spouse should likewise be allowed to remarry as if the other party were a
foreigner at the time of the solemnization of the marriage.

 The court stated the twin elements for the application of Paragraph 2 of Article 26 as
follows:

1. There is a valid marriage that has been celebrated between a Filipino citizen and a
foreigner; and
 2. A valid divorce is obtained abroad by the alien spouse capacitating him or her to
remarry.

 The reckoning point is not the citizenship of the parties at the time of the celebration of
the marriage, but their citizenship at the time a valid divorce is obtained abroad by the
alien spouse capacitating the latter to remarry.