MARIANO MARCOS STATE UNIVERSITY- COLLEGE OF LAW

MIDTERM EXAM (OCTOBER, 2020)

CONFLICT OF LAWS

INSTRUCTIONS: Answer the following questions on a quiz notebook, using a new page for each number.
You may answer subquestions continuously on the same page. Answer concisely, legibly and stay within
margins. Finish this exam within 1 ½ hours. You are given 10 minutes to scan/photograph your answer
and to send them to my email at voncid615@gmail.com. Answers should be in my email at exactly 7:40
pm. GOOD LUCK.

1. Distinguish natural-born citizens from native born citizens. (2pts)

2. What circumstances result to an individual becoming stateless? What shall be considered as the
personal law of stateless individuals? (5pts)

3. Who are considered citizens of the Philippines under the 1987 Constitution? (5pts)

4. What are the qualifications for naturalization? What are the disqualifications? (10pts)

5. Discuss the steps in naturalization proceedings? (10pts)

6. How can Philippine citizenship be lost? How can Philippine citizenship be acquired? (10 pts)

7. Differentiate dual allegiance from dual citizenship? (2pts)

8. What is the present rule regarding the citizenship of a foreign woman who marries a Filipino?
Discuss the Burca ruling as compared to the Moy-ya ruling. (4pts)

9. PH and LV are HK Chinese. Their parents are now Filipino citizens who live in Manila. While still
students in MNS State, they got married although they are first cousins. It appears that both in
HK and in MNS State first cousins could marry legally. They plan to reside and set up business in
the Philippines. But they have been informed, however, that the marriage of first cousins here is
considered void from the beginning by reason of public policy. They are in a dilemma. They
don’t want to break Philippine law, much less their marriage vow. They seek your advice on
whether their civil status will be adversely affected by Philippine domestic law? What is your
advice? (5pts)

10. Miss Universe, from Finland, came to the Philippines on a tourist visa. While in this country, she
fell in love with and married a Filipino doctor. Her tourist visa having been expired and after the
maximum extension allowed therefore, the Bureau of Immigration and Deportation (BID) is
presently demanding that she immediately leave the country but she refuses to do so, claiming
that she is already a Filipino Citizen by her marriage to a Filipino citizen. Can the BID still order
the deportation of Miss Universe? Explain. (5pts)

11. Jose, husband of Catalina, went to Indonesia as a contract worker, where he then embraced and
was converted to Islam. He then, married Haifa in accordance with Islamic rites. Jose then
returned to the Philippines. Haifa and her two children with Jose arrived in Manila as the
“guests” of Jose. The latter made it appear that he was just a friend of the family of Haifa and
 was merely repaying the hospitability extended to him during his stay in Indonesia. Jose
executed an “Affidavit of Guaranty and Support,” for his “guests.” Haifa and her children were
admitted to the Philippines as temporary visitors. Catalina discovered the true relationship of
her husband and Haifa. Meanwhile, the immigration status of Haifa was changed from
temporary visitor to that of permanent resident and was issued an alien certificate of
registration. Upon a complaint filed by Catalina, the Commission on Immigration and
Deportation, seeks to deport Haifa and her children. Haifa claims that her marriage to Jose was
valid under Article 27 of P.D. No. 1085, the Muslim Code, which recognizes the practice of
polyandry by Muslim males. From that premise, she argues that under Articles 109 of the Civil
Code of the Philippines, Article 68 of the Family Code and Article 34 of the Muslim Code, the
husband and wife are obliged to live together and under Article 110 of the Civil Code of the
Philippines, the husband is given the right to fix the conjugal residence. She claims that the CID
has no right to order the couple to live separately.

Is her contention correct? (5pts)

12. Define derivative nationality under Republic Act No. 9225. (2pts)

13. In 1993, during the effectivity of CA No. 63, Pink, born to Filipino parents, became a naturalized
citizen of the USA. In October 2009, Pink applied to be registered as a voter in Quezon City. She
indicated that she was a Filipino Citizen by birth. Her application was approved making her a
registered voter of Quezon City.

On 30 November 2009, Tan took an Oath of Allegiance to the Republic of the Philippines before
a notary public in Makati City. The following day, or on 1 December 2009, she filed a petition
before the Bureau of Immigration (BI) for the reacquisition of her Philippine citizenship. She
stated in her petition that she lost her Philippine citizenship when she became a naturalized
American citizen. However, Pink executed a sworn declaration renouncing her allegiance to the
U.S.A. Thereafter, the BI confirmed her reacquisition of Philippine citizenship. On the same day,
Pink filed her Certificate of Candidacy (CoC) for the 2010 National Elections to run as
congresswoman for the First District of Quezon City. On 28 December 2009, respondent
Black filed a petition before the MeTC, seeking the exclusion of Pink from the voter's list
because (1) she was not a Filipino citizen when she registered as a voter; and (2) she failed to
meet the residency requirement of the law.

In her answer, Pink countered that she is a natural-born citizen having been born to Filipino
parents on 1 April 1968. Although she became a naturalized American citizen on 19 January
1993, Pink claimed that since 1996 she had effectively renounced her American citizenship as
she had been continuously residing in the Philippines. She had also found employment within
the country and even set up a school somewhere in Greenhills.

a. Will Black’s petition prosper? (5pts)

b. Had the above circumstances happen during the effectivity of RA 9225, would your answer
be the same? (5pts)

14. If a Filipino woman marries a foreigner, she gets her husband’s nationality or citizenship if the
laws of her husband’s country so provide. In such case, she loses Philippine citizenship. Now
then, upon the husband’s death, does she immediately reacquire Philippine citizenship? If not,
what may she do to reacquire Philippine citizenship? (5pts)

- END OF EXAM -