Civil Code Of the Philippines

Civil Code of the Philippines: Citizenship and Domicile

 Art. 48. The following are citizens of the Philippines:
(1) Those who were citizens of the Philippines at the time of the adoption of
the Constitution of the Philippines;
(2) Those born in the Philippines of foreign parents who, before the
adoption of said Constitution, had been elected to public office in the
Philippines;
(3) Those whose fathers are citizens of the Philippines;
(4) Those whose mothers are citizens of the Philippines and, upon reaching
the age of majority, elect Philippine citizenship;
(5) Those who are naturalized in accordance with law.
 This has been superseded by the Constitution.
ARTICLE IV, PHILIPPINE CONSTITUTION
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.
Art. 49. Naturalization and the loss and reacquisition of citizenship of the
Philippines are governed by special laws.
Art. 50. For the exercise of civil rights and the fulfillment of civil
obligations, the domicile of natural persons is the place of their habitual
residence.
Art. 51. When the law creating or recognizing them, or any other
provision does not fix the domicile of juridical persons, the same shall be
understood to be the place where their legal representation is established or
where they exercise their principal functions.

Article 50 governs the domicile of natural persons. Article 51 talks about the domicile
of juridical persons.

Requisites of Domicile (Callego vs. Vera):
1. Physical Presence
2. Intent to remain permanently

Kinds of Domicile
1. Domicile of Origin

Domicile of parents of a person at the time he was born.
2. Domicile of Choice

Domicile chosen by a person, changing his domicile of origin

A 3rd requisite is necessary – intention not to return to one’s domicile as his
permanent place.
3. Domicile by Operation of Law (i.e., Article 69
, domicile of minor)

Residence vs. Domicile

Residence is not permanent (There is no intent to remain)

Domicile is permanent (There is intent to remain)

According to the Supreme Court in Marcos vs. COMELEC, the wife does not lose her
domicile upon marriage. She does not necessarily acquire her husband’s domicile.
Until the spouses decide to get a new domicile, the wife retains her old domicile.
Under Article 698 of the Family Code, the domicile is fixed jointly.

3 Rules:
1. A man must have a domicile somewhere.
2. A domicile once established remains until a new one is acquired.
3. A man can only have one domicile at a time.

The following Articles in the Civil Code mention domicile:
1. Article 821
Art. 821. The following are disqualified from being witnesses to a
will:
(1) Any person not domiciled in the Philippines;
(2) Those who have been convicted of falsification of a document,
perjury or false testimony.
2. Article 829
Art. 829. A revocation done outside the Philippines, by a person
who does not have his domicile in this country, is valid when it is done
according to the law of the place where the will was made, or according
to the law of the place in which the testator had his domicile at the time;
and if the revocation takes place in this country, when it is in accordance
with the provisions of this Code.
3. Article 1251
Art. 1251. Payment shall be made in the place designated in the
obligation.
There being no express stipulation and if the undertaking is to
deliver a determinate thing, the payment shall be made wherever the
thing might be at the moment the obligation was constituted.
In any other case the place of payment shall be the domicile of the
debtor.
If the debtor changes his domicile in bad faith or after he has
incurred in delay, the additional expenses shall be borne by him.

Leave a Reply

avatar
  Subscribe  
Notify of