The Nationality Theory

-Nationality theory is the theory by virtue of which the status and capacity of an individual are
generally governed by the law of his nationality.

Nationality- is membership in an ethnic, social, racial and cultural group,

citizenship - is membership in a political society

In Philippine Conflict of Laws- Citizenship and nationality are synonymous

Defects of the nationality theory

1. it is hard to effectuate
2. Some individuals, for varying reasons are stateless
3. Dual or multiple nationalities
4. It is not always desirable to apply to aliens their national law

3 kinds of citizens in the Philippines

1. Natural born citizens- those citizens from birth without having to perform any act to acquire or
perfect their Philippine citizenship
2. Naturalized citizens- citizenship is acquired through judicial proceedings Art IV, Sec 1
3. Citizens by election - citizens by certain provisions become by choosing to be filipino at the age of
21 or within the reasonable time thereafter

2 theory of ancestry
1. Jus soli
2. Jus sanguinis

Problem with dual and multi citizenship

- what matters is compliance of our laws (Johny Cahustinek v, Republic)
Theory of effective nationality- where the deceased was both a national and domicile such
law shall follow

Various ways or modalities in which this dual citizenship might arise(conflict or overlapping
irreconcilable laws of nations)
A. Through a Naturalized Citizen’s failure to comply with certain legal requirements in the country of
origin
B. From a combined application of jus soli and jus sanguinis
C. By the legislative act of states
D. By the voluntary act of the individual concerned

Dual allegiance of citizens

-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.
“dual allegiance of citizens is inimical to the national interest and shall be dealt with by law” (Art. IV,
Sec. 5) has no retroactive effect

A. How statelessness is brought about

A person may become stateless by any of the following means:
1) He may have been deprived of his citizenship for any cause, such as the commission of a crime;
2) He may have renounced his nationality by certain acts, express or implied;
3) He may have voluntarily asked for a released from his original state;
4) 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 sanguinis— 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.

Successional rights- Art 16, NCC the right of a person is governed by the his national law.
No dual allegiance, because there is no automatic renunciation in Spain.

Supposed a deceased has no nationality or citizenship. The law of his domicile shall apply

Declaration of Citizenship may be made