6 I.

CITIZENSHIP

8 A. General Principles

H
1. Defined

Membership in a political community which is personal and more

or less permanent in character

E Distinguished from nationality. Nationality is membership in any class

or form of political community. Thus, nationals may be citizens [if members of a democratic community] or
subjects [if members of a monarchical community]. Nationality does not necessarily include the right or privilege
of exercising civil or political rights.

L By birth
2. Usual modes of acquiring citizenship

i) jus sanguinis
ii) jus soli

D
ii) b) By naturalization
iii) c) By marriage

:
T DEL ROSARIO & SONS LOGGING ENTERPRISES, INC.vs.

THE NATIONAL LABOR RELATIONS COMMISSION, PAULINO MABUTI,

NAPOLEOBORATA, SILVINO TUDIO and CALMAR SECURITY AGENCYG.R. No. L-64204,
May 31, 1985STATUTORY CONSTRUCTION DOCTRINE:

h
The rules of evidence prevailing in the courts of law or equity are not controllingin proceedings before
the NLRC and its Labor Arbiters. It is the spirit & intention of theLabor Code which shall be used to
ascertain the facts of the case without due regard tothe technicalities of a case proceeding.
FACTS:

Petitioner Del Rosario & Sons Enterprises, Inc. entered into a ―Contract ofServices‖ with private

e
-respondent Calmar Security Agency. The employees (security
guards stationed at petitioner‘s premis
es) filed a complaint against petitioner andprivate-respondent because of underpayment of salary, non-
payment of livingallowance and 13
th
month pay. Petitioner contends that the complainants had no causeof action due to the absence of
employer-employee relation while private-respondentalleged that due to inadequacy of the amounts
paid by petitioner under the Contract, itcould not comply with the above payments to the complainants.
The Labor Arbiter ruledin favor of the Petitioner but a resolution of the NLRC reversed the decision
declaringpetitioner as an indirect employer.
ISSUE:
Whether or not petitioner is responsible for salary payment on the ground ofbeing a direct employer?
HELD:
It is the Security Agency, and not the petitioner, who is responsible for thepayment of salaries of the
employees. On ascertaining the facts of a labor case, thespirit and intention of the Labor Law shall give
its aid. The NLRC & its Labor Arbiters donot need to deal with the technicalities of the proceedings of
a Labor Case such as theindirectness of being an employer as in this case. Although the technical
problem arosefrom the contract between the petitioner and private-
respondent, it doesn‘t mean that
the Security Agency may preclude itself from performing its obligation towards its