Persons: Civil Personality

Question 1

What is Civil Personality, and when does it commence and is extinguished?

Answer 1

Civil Personality is the aptitude of being the subject, active or passive, of rights and obligations.

Civil Personality shall commence from the time of one’s conception and is extinguished by death.

Question 2

What are the two types of capacities?

Answer 2

1. Juridical Capacity - is the fitness to be the subject of legal relations, is INHERENT in EVERY natural person and is lost ONLY through death.
2. Capacity to Act - is the power to do acts with legal effect, is ACQUIRED and may be LOST.

Question 3

Who are considered CITIZENS of the Philippines?

Answer 3

(1) Those who were citizens of the Philippines at the time of the adoption of the 1987 Constitution of the Philippines;
(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.

Question 4

What the 3 types of Naturalizations?

Answer 4

1. Legislative
2. Administrative
3. Judicial (C.A. No. 473 or The Revised Naturalization Law)

Question 5

What are the requirements of Administrative Naturalization?

Answer 5

1. The applicant must be born in the Philippines and residing therein since birth;
2. The applicant must not be less than eighteen (18) years of age, at the time of filing of his/her petition;
3. 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;
4. 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;
5. 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;
6. The applicant must be able to read, write and speak Filipino or any of the dialects of the Philippines; and
7. 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.

Question 6

What are the requirements of Judicial Naturalization?

Answer 6

1. He must be not less than twenty-one years of age on the day of the hearing of the petition;
2. He must have resided in the Philippines for a continuous period of not less than ten years;
3. 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.
4. 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;
5. He must be able to speak and write English or Spanish and any one of the principal Philippine languages; and
6. 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 Education 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.

Question 7

What is the difference between Domicile and Residence?

Answer 7

Residence is used to indicate a place of abode, whether permanent or temporary;

Domicile denotes a fixed permanent residence to which, when absent, one has the intention of returning.

Question 8

What are the REQUISITES to acquire a NEW Domicile?

Answer 8

1. Bodily presence in a new locality
2. Intention to remain therein (animus manendi)
3. Intention to abandon the old domicile (animus
   non revertendi)

Question 9

What are the THREE kinds of Domicile?

Answer 9

1. Domicile of Origin – Received by a person at birth
2. Domicile of Choice – The place freely chosen by a
   person.
3. Domicile by Operation of Law– Assigned to a child by law
   at the time of his birth.