CHARACTERIZATION (Doctrine of Qualification)

Process of determining under what category a certain set of facts or rules fall
Falconbridge process of deciding whether or not the facts relate to the kind of question
specified in a conflicts rule.
Falconbridge problem of whether the characterization should be based on the concepts
of the law of the forum or upon the concepts of the proper foreign law.

Factors: Different legal systems:

1. Attach to the same legal term with different meanings (which definition should apply).
2. May contain ideas or conceptions unknown to one another.
3. May apply different principles for the solution of problems which, in general, are common
in nature.
Steps:
1. Determination of facts involved;
2. Characterization of factual situation;
Assigning the particular facts to their particular category
3. Determination of applicable conflicts rule;
Nearest or the most intimate connection with the facts brought out
4. Characterization of point of contact or connecting factor;
5. Characterization of problem whether procedural or substantial;
Borrowing statute refers to a statute stating that an action or claim which is being
barred by a foreign limitation statute will also be barred in the forum
Totality Approach
a. Get the law intended by the parties to govern the contact;
b. Apply the intended law in its TOTALITY including its periods of prescription and
Statute of Frauds.
Exception: When the subject matter is Real Property (Internal law)
6. Pleading or proving of proper foreign law;
7. Application of proper foreign law.
THEORIES ON CHARACTERIZATION
1. Lex Fori
The forum considers its own concepts its own characterization
2. Lex Causae
The characterization of the foreign state which is the principal point of contact
3. Comparative Approach
Characterization only comes after comparative study of the jurisprudence of all states
involved
4. Dual theory of lex fori and lex causae
Only two concepts enter the picture
5. Autonomous
Follows the characterization of the country referred to in the conflicts rule of lex causae
6. Totality
Characterization intended by the parties

CAPACITY AND STATUS

Status place of an individual in society and consist of personal qualities and relationships more
or less permanent with which the state and community are concerned
ie. Married or not, illegitimate or legitimate, widowed or divorced, minor or legal age
Characteristics of Status:
a.
b.
c.
d.

Conferred principally by the state;

Matter of public and social interest;
Concept of social order: not easily terminable by mere will or desire of parties;
Supposed to have universal character: judicially recognized worldwide.

Capacity part of status and is the sum total of his rights and obligations
Kinds:
e. Capacity to act power to do acts with legal effects
f. Juridical capacity fitness to be subject of legal relations
PERSONAL LAW a law that generally governs his status, capacity, family relations, and the
consequences of his actuations.
May be his nationality, domicile, or situs
Theories:
a. Nationality governed by the law of his nationality (personal theory)
b. Domiciliary law of domicile as the law (territorial theory)
c. Situs situs of the event or transaction as the controlling law (eclectic theory)

NATIONALITY THEORY
Nationality
Embership in an ethnic, social, racial, and
cultural group

Citizenship
membership in political society
a privilege

Defects:
a. Change of nationality is hard to effectuate;
b. Stateless; Personal law;
Law of domicile
Law of place of temporary residence
c. Dual or multiple nationalities;
Dual allegiance will be dealt with by a future law
Philippine law is only allowed to determine who are Filipino citizens and who are not
d. Not always desirable to apply to aliens their national law.

THREE KINDS OF CITIZENSHIP

1. Natural-born

2.
3.
-

Citizens from birth without performing any act to acquire or perfect citizenship
Naturalized
Citizens who acquired such by judicial proceedings
By election
By virtue of legal provisions become by choosing or electing Philippine citizenship at the
age of 21 or within reasonable time

1987 CONSITUTION:
1. Those who are citizens at the time of the adoption of the 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.
How citizenship is lost?
1. Substitution of new nationality;
2. Renunciation Expatriation: voluntary abandonment of nationality and allegiance:
express/implied
3. Deprivation as a sort of punishment (cancellation of cert. of naturalization; deserter)
4. Release voluntary by asking permission
5. Expiration within 5 years, naturalized permanently resided abroad
How statelessness is brought about?
1.
2.
3.
4.

Deprived of such by commission of a crime

Renunciation by certain acts, express or implied
Asked for voluntary released from original state
Born in a country recognizing only jus sanguinis

NATURALIZATION (Commonwealth Act 473)

-

Judicial process where formalities of the law have to be complied with including a judicial
hearing and approval of the petition
Acquisition of another citizenship by such acts as marriage to a citizen and exercise of
option to elect a particular citizenship.

Requirements:
1. AGE not less than 21 on the date of hearing of petition
Minors need not file a petition if their Father is naturalized
2. RESIDENCY
GENERAL RULE: Continuous period of not less than 10 years (actual and
substantial)
Enable the government and community to observe the conduct of the applicant
Ensure his having absorbed the principles and spirit of our Constitution
EXCEPTION: 5 Years in case of the following:
a. Applicant honorably held office in the government;
b. Established an industry or introduced new invention;
c. Married to Filipina
d. Engaged as teacher in public or private not exclusive to a race for 2 years;
e. Born in the Philippines.
3. GOOD MORALS AND CONDUCTS AND BELIEF IN PRINCIPLES OF THE PH CONSTITUTION
4. REAL ESTATE OR OCCUPATION
Real estate worth P5,000 or evidence of known lucrative trade or profession or lawful
occupation (substantial or gainful employment)
5. LANGUAGE REQUISITES
Speak and write English or Spanish or any of the principal Filipino dialects

6. ENROLMENT OF A MINOR CHILDREN OF SCHOOL AGE

To learn and absorb the customs, traditions, and ideals of the Filipinos
Disqualificatios:
1.
2.
3.
4.
5.
6.
7.

Those opposed to organized governments;

Those defending or teaching the propriety of violence, assassination, personal assault;
Polygamist;
Moral turpitude;
Mental alienation or incurable contagious disease;
Public enemy
Citizens of countries that does not grant naturalization to Filipinos

Proceedings:
1.

2.
3.
4.

Declaration of intention must be filed, unless exempted;

1 year before filing the petition: SOL-GEN)
Petition for naturalization must be filed;
After publication in the Gazette, petition will be heard;
If approved, rehearing after 2 years after promulgation of judgment awarding
naturalization;
5. Oath of Allegiance to support and defend the Constitution and laws of the PH laws.

DOMICILIARY THEORY
DOMICILE
-

That place where a person has certain settled, fixed, legal relations because:
1. It is assigned to him by law at the moment of birth (domicile of origin);
2. Assigned by the law after birth on account of legal disability such as minority, insanity,
or marriage (woman) (domicile by operation of law);
3. Because he has his home here that which whenever he is absent, he intends to return
(domicile of choice)

Domicile of Origin
Acquired at birth
Applies only to infants
Never changes
Fixed by law

Constructive Domicile
Given after birth
Applies to those who lack
capacity to choose their
own domicile due to legal
disabilities

Domicile of Choice
- Result of the
voluntary will and
action of the
person concerned

SITUS OR ECCLECTIC THEORY

2 KINDS OF PARTICIPATION:
1. Active he does the act voluntarily (ie. Man and woman gets married)
Governing law is the ACTUAL SITUS, the place of the transaction or the event
2. Passive effects of the act are set forth by law
Governing law is the law of LEGAL SITUS, supposed to be his domicile
APPLICATION: PH Conflicts Rule
Two Filipinos, domiciled in Japan, got married in California:

a. SITUS THEORY: If the marriage in California is valid, it is also valid in PH unless it

is bigamous, polygamous or incestuous as determined by PH law
b. PERSONAL marital obligations governed by PH law; PROPERTY relations by PH
law

PROBLEM OF RENVOI
Renvoi- referring back; the problem arises when there is doubt as to whether the
reference to a foreign law:
1. Is a reference to the internal law of said foreign law; or
2. Is a reference to the whole of foreign law, including its conflicts rule
SOLUTIONS:
1. Reject the renvoi;
2. Accept the renvoi single renvoi/remission; PH law applies
3. Theory of desistment we choose not to apply Art. 16 par 2, therefore we do not apply
the foreign law, hence we apply PH law;
4. Foreign Court Theory (Revolving doors/ international pingpong)
PH court will put itself in the position of the foreign court and whatever the foreign
court will do, the PH court will do: the same law applies (follow the leader)
Double Renvoi
-

That which occurs when the local court, in adopting the foreign court theory, discovers
that the foreign court accepts the renvoi.
Deals with 2 countries
Transmission
Process of applying the law of the foreign law thru the law of a second state
Deals with 2 or more countries