TITLE II
CITIZENSHIP AND DOMICILE
Citizenship and Nationality
- Citizenship - is the status of being a citizen, or of owing allegiance to a certain state for the privilege of being under its protection.
- While citizenship is political in character, nationality refers to a racial or ethnic relationship.
Three Kinds of Citizens
A.
Natural-born citizens - those who are citizens of the Philippines from birth without having to perform any act to acquire or perfect their Philippine citizenship. (This must be distinguished from the native-born citizen, once born in the country of which he is a citizen. Hence, a child born to a Filipino father in Germany is a natural-born, but not native-born citizen.)
B.
Naturalized citizens - citizens who become such through judicial proceedings.
C.
Citizen by election - citizens who become such by exercising the option to elect a particular citizenship, usually within a reasonable time after reaching the age of majority.
Two Theories on Whether Place or Ancestry Determines Citizenship
A.
Jus Soli - if born in a country, a person is a citizen of the same. (This is not applied in the Philippines.)
B.
Jus Sanguini - one follows the citizenship of his parents; this is citizenship by blood. (This is the rule followed in the Philippines.)
The Problem of Dual and Multiple Nationalities
Examples:
A.
A testator, considered a Filipino citizen under our law and a Chinese under Chinese law, died in France leaving properties in the Philippines. How should a Filipino judge in a Philippine court of justice determine the successional rights to the estate of the decedent?
Answer: Inasmuch as we regard him as a Filipino citizen, there is no doubt that applying Article 16, paragraph 2 of our Civil Code, Philippine law shall control the successional rights to his estate.
RULE: Get the law of the forum if the forum is one of the countries of which the deceased was a national.
B. A testator, considered a Chinese under Chinese law, and a Japanese under Japanese law, died in Manila, leaving properties in the Philippines. Prior to his death, the deceased was domiciled in Japan. How should a Filipino judge presiding over a Philippine tribunal adjudicate successional rights to the estate of the deceased?
Answer: Japanese law shall be applied, because the deceased was BOTH a citizen and a domiciliary of Japan. Japanese law, obviously is preferred over Chinese law, for the DOMICILE was also in Japan. In a case like this, it has been said that the domiciliary theory runs to the rescue of the nationality theory.
RULE: If the deceased is not a citizen of the forum, we must get the law of the nation of which he was both a national and a domiciliary. This is the theory of effective nationality: it is evident that here the deceased himself considered the domicile as the more effective connection factor for his personal law.
C. A testator, considered a Cuban under Cuban law, and an Algerian under Algerian law, was domiciled at the moment of his death in Italy. He died in Alaska, leaving properties in the Philippines. How should a Philippine court dispose of the successional rights to his estate?
Answer: To properly apply Article 16 Paragraph 2 of our Civil Code, it is believed that in a case like this, our rule should be:
1.
First, get the Cuban and the Algerian laws on succession, and apply them in so far
as they are consistent with or identical to each other;
2.
Secondly, in so far as there is a conflict, we must apply the law of Italy, the law of
the domicile, to resolve the conflict.
Various Ways in which Dual Citizenship may Arise
1.
Through Marriage
2.
Through a naturalized citizen’s failure to comply with certain legal requirements in the country of origin.
3.
From a combined application of Jus Soli and Jus Sanguini
4.
By the legislative act of states.
5.
By the voluntary act if the individual concerned.
Ex. A citizen of state X may become a naturalized citizen of state Y, but at the same
time, he may have received permission from state X to remain a citizen of state X.
Duals May Now Exercise the Right to Suffrage
- R.A. 9225 grands under its Sec.5(1) the same right of suffrage as that granted an absentee voter under R.A. 9189.
The Problem of Stateless Individuals
1.
How statelessness is brought about:
A.
He may have been deprived of his citizenship for any cause, such as the commission of a crime.
B.
He may have renounced his nationality by certain acts, express or implied
C.
He may have voluntarily asked for a release from his original state;
D.
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 soli -- 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.
2.
Personal law of stateless individual
A.
The law of the domicile (habitual residence); or
B.
Secondarily, the law of the place of temporary residence
Successional Rights
- under Article 16, the rights to the succession of a person are governed by his national law. Suppose the deceased had no nationality or citizenship, the law of the domicile will apply.
Article 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 THOSE WHOSE FATHERS ARE CITIZENS OF THE PHILIPPINES;
(4)
THOSE WHOSE MOTHERS ARE CITIZENS OF THE PHILIPPINES AND, UPON REACHING THE AGE OT MAJORITY, ELECT PHILIPPINE CITIZENSHIP;
(5)
THOSE WHO ARE NATURALIZED IN ACCORDANCE WITH LAW.
Citizens by Virtue of Having Been Elected to a Public Office
- the law says: “Those born in the Philippines of foreign parents who, before the adoption of the Philippine Constitution, had been elected to a public office in the Philippines.”
This provision does not rely on jus soli exclusively, service should have been rendered.
If “born OUTSIDE the Philippines,” the article does not apply.
If “appointed” and not “elected,” the article does not apply.
If “private” instead of “public” office, the article does not apply.
Note: This proviso has been eliminated in the 1973 and 1987 Constitutions. It is understood, however, that those falling under No. 2 of the 1935 Constitution may now be classified under No. 1 of the 1973 Constitution.
Children of Filipino Fathers
This paragraph enunciates the principle of JUS SANGUINIS.
The rule applies whether the mother is a Filipino or not; and whether the child is born in the Philippines or outside.
The rule certainly is applicable if the father is a natural born Filipino Citizen; does it also apply if the father is a naturalized Filipino?
Here is the RULE:
1.
A minor child born BEFORE naturalization ---
A.
If born in the Philippines -- is a Filipino;
B.
If born outside the Philippines --
If dwelling in the Philippines at the time of the parent’s naturalization -- is a Filipino;
Dwelling outside the Philippines at the time of parent’s naturalization -- is a Filipino only during his minority unless he resides permanently here when still a minor, in which case he will continue to be a Philippine citizen even after becoming of age.
2.
A minor child born AFTER naturalization --
A.
If born in the Philippines -- is a Filipino;
B.
If born outside the Philippines -- shall be considered a Philippine citizen, unless
within one year after reaching the age of majority he fails to register himself as a
Philippine citizen at the Philippine consulate of the country where he resides and to
take the necessary oath of allegiance.
Children of Filipino Mothers
1.
Provision of the 1935 Constitution -- “Those whose mothers are citizens of the Philippines and upon reaching the age of majority elect Philippine citizenship.”
2.
Requisites under the 1935 Constitution
A.
The father must NOT be a Filipino citizen, otherwise, another provision applies;
B.
The mother must be a Filipino citizen;
C.
Upon reaching the age of majority, the child, to be a Filipino, must elect Philippine
citizenship.
3.
Question: As of what moment must the mother be a citizen of the Philippines?
- it is sufficient for the mother to have been a Filipino citizen at the time of her
marriage to a foreigner.
Question: Within what period after attaining the age of majority must the child elect Philippine citizenship?
- the option must be exercised within a REASONABLE period after having attained the age of majority. What is reasonable is a question of fact, depending upon the peculiar circumstances of each case. In one instance, three years was still considered a reasonable period. But generally, five years would be unreasonable.
Question: Before the child elects Philippine nationality, what is his nationality?
- Generally, this would be the nationality of the father, if the child is a legitimate child. But of course this would depend on the father’s national law.
Question: Suppose a Filipino mother is not married to a Chinese but is merely cohabiting with him, is the child still a Filipino?
- Yes, a child born outside a lawful marriage of an alien father and a Filipino mother, being illegitimate, follows the mother’s citizenship. However, if the parents should marry each other later, the legitimated child should generally follow the father’s citizenship.
Question: If a Filipino woman marries a foreigner, she gets her husband’s nationality or citizenship, if the law of her husband’s country so provide. In such a case, she loses Philippine citizenship. Now then, upon the husband’s death, does she immediately reacquire Philippine citizenship?
- if she became a widow before the effectivity of the Commonwealth Act 63 (October 21, 1936), she immediately reacquired Philippine citizenship without any need of repatriating herself, since it would be unfair to require repatriation (reacquisition of citizenship by a formal act) before there existed any Act requiring her to do so. There is one exception, however, and this would be if she, by outward or external acts, decided to continue being a citizen of her husband’s country.
- if he became a widow on or after October 1, 1936, she has to repatriate herself; otherwise, she remains a foreigner
Question: If the woman repatriates herself, does her repatriation carry with it the repatriation of her minor child?
- No, for repatriation means re-acquisition. Since the child never was a Filipino previously, it is obvious that he cannot reacquire that which he never had. It should be observed, however, that if instead of repatriation (for repatriation, there must be a formal act) the widow had automatically regained Philippine citizenship, the nationality of her minor child would follow hers.
Article 49. NATURALIZATION AND THE LOSS AND RE-ACQUISITION OF CITIZENSHIP OF THE PHILIPPINES ARE GOVERNED BY SPECIAL LAWS.
“Naturalization” Defined
- naturalization is the process of the citizenship of another country.
- in its strict sense, it is a judicial process, where formalities of the law have to be complied with, including a judicial hearing and approval of the petition.
Attributes of Naturalization
1.
Citizenship is not a right, it is a privilege
2.
Requisites of naturalization are laid down by Congress. Courts cannot change or modify them.
3.
Only foreigners may be naturalized.
4.
Naturalization may be revoked.
5.
Naturalization demands allegiance to our Constitution, laws and government.
Qualification of Naturalization
- the law requires the petitioner to have ALL the qualifications and NONE of the disqualifications.
- the qualifications must be possessed at the time the petitioner applies and not subsequently.
Qualifications:
1.
The petitioner must not be less than 21 (majority age today is 18) years of age on the date of the hearing of the petition;
2.
He must have, as a rule, resided in the Philippines for a continuous period of not less than ten years;
A.
The residence requirement is reduced to 5 years in the following cases:
If the applicant has honorably held office under the Government of the Philippines r under that of any of the provinces, cities, municipalities, or political subdivisions thereof;
If he has established a new industry or introduced a useful invention in the Philippines;
If he is married to a Filipino woman;
If he had been engaged as a teacher in a public or recognized private school not established for the exclusive instruction of children of persons of a particular nationality or race in any of the branches of education or industry for a period of two years;
If he was born in the Philippines.
Physical presence is not necessarily required for the entire period of residence required of the petitioner. Not every absence is fatal to continuous residence. So long as there is an intent to return (animus revertendi) the residence may still be considered continuous. The temporary absence must however, be of short duration: certainly an absence o say six years is not of a short duration.
1.
He must be of good moral character, and believe 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 which he is living.
Question: if because of certain specified acts, a petition is denied because of lack of irreproachable conduct, is there a chance that the alien can later on be granted naturalization upon proof of having reformed?
- Yes, provided that a sufficient number of years have elapsed. A second petition filed less than a year after the denial of the first application would not comply with the number of years required. But if for a reasonable number of years after the denial of one’s application the petitioner proves in the requisite proceeding to have reformed and has observed irreproachable conduct, the bar may be lifted.
2.
He must own a real estate in the Philippines worth not less than P5,000, Philippine currency, or must have some lucrative trade, profession, or lawful occupation;
-“Lucrative” implies substantial or gainful employment, or the obtaining of tangible receipts.
The Court stated that for lucrative employment to be present, there must be an appreciable margin of income over expenses in order to provide for adequate support in the event of unemployment, sickness, or disability to work. The lucrative level of an applicant’s income is determined as of the time of the filing of the petition.
3.
He must be able to speak and write English or Spanish and any one of the Principal Philippine languages;
- a Deaf-mute cannot speak, therefore, he cannot be naturalized.
-The ability to write may be inferred from the ability to speak in business and society. If the applicant can understand, but cannot speak and write the requisite language, he is not qualified.
4.
He must have enrolled his minor children of school age in any of the public schools or private schools recognized by the Bureau of Private Schools where Philippine history, government, and civics are taught or prescribed as part of the school curriculum during the entire period of the residence required of him, prior to the hearing of his petition for naturalization as citizen.
- all the children concerned should have been enrolled. Failure to enroll even one of them will result in a denial of the petition.
- the denial of the first petition for naturalization by reason of applicant’s failure to bring to the Philippines his child of school age is a bar to the gant of a subsequent petition even if at the time the new petition is presented, the child is no longer of school age.
Disqualification for Naturalization
1.
Persons opposed to organized government or affiliated with any association or group of persons who uphold and teach doctrines opposing all organized governments;
2.
Persons defending or teaching the proprietary of violence, personal assault, or assassination for the success and predominance of their ideas;
3.
Polygamists or believers in the practice of polygamy;
4.
Persons convicted of a crime involving moral turpitude;
5.
Persons suffering from mental alienation or incurable contagious diseases;
6.
Persons who, during the period of their residence in the Philippines, have not mignled socially with the Filipinos or who have not evinced a sincere desire to learn and embrace the customs, traditions, and ideals of the Filipinos;
7.
Citizens or subjects of nations with whom the United States and the Philippines are at war;
8.
Citizens or subject of a foreign country other than the United States, whose laws do not grant Filipinos the right to become naturalized citizens or subjects thereof.
Steps in Naturalization Proceedings
1.
A declaration of intention to become a Filipino citizen must first be filed, unless the applicant is exempted from this requirement.
Persons Exempt from the requirement to Make a Declaration of Intention:
Persons born in the Philippines and who have received their primary and secondary education in public schools or private schools recognized by the Government, and not limited to any race or nationality;
Those who have resided continuously in the Philippines for a period of thirty years or more before filing their application;
The widow and minor children of an alien who has declared his intention to become a citizen of the Philippines and dies before he is actually naturalized.
1.
The petition for naturalization must then be filed.
2.
The petition will then be heard.
3.
If the petition is approved, there will be a rehearing two years after the promulation of the judgment awarding naturalization.
4.
The last step will be the taking of the oath of allegiance to support and defend the Constitution and the laws of the Philippines.
Cancellation of the Naturalization Certificate
- Section 18 of the Naturalization Law provides:
“Upon motion made in the roper proceedings by the Solicitor-General or his representatives, or by the proper provincial Fiscal, the competent Judge may cancel the naturalization certificate issued and its registration in the Civil Registry:
A.
If it was shown that said naturalization certificate was obtained fraudulently or
illegally;
B.
If the person naturalized shall, within five years next following issuance of said
naturalization certificate, return to his native country or to some foreign country and
establish his permanent residence therein: Provided, that the fact if the person
naturalized remaining for more than one year in his native country or the country of
his former nationality, or two years in any other country, shall be considered as prima facie evidence of his intention of taking up permanent residence in the same;
C.
If the petition was made on an invalid declaration of intention;
D.
If it is shown that the minor child of the person naturalized failed to graduate from
public or private high school recognized by the Bureau of Private Schools (now Department of Education, Culture and Sports), where Philippine history, government,
and civics are taught or prescribed as part of the school curriculum, through the fault
of their parents either by neglecting to support them or by transferring them to
another school or schools. A certificate shall be forwarded by the Clerk of the Court to the Office of the President and the Office of the Solicitor-General
E.
If it is shown that the naturalized citizen has allowed himself to be used as a dummy in violation of the Constitution or legal provision requiring Philippine citizenship as requisite for the exercise, use or enjoyment of a right, franchise, or privilege.”
How Citizenship May Be Lost in General
1.
By substitution of a new nationality
Note: If a Filipino woman marries a stateless citizen, she retains Philippine citizenship for the simple reason that she has not acquired any new nationality.
2.
By renunciation of citizenship
Expatriation - the voluntary renunciation or abandonment of nationality and allegiance.
Renunciation may be EXPRESS or IMPLIED.
Express renunciation exists in the following provision:
“By subscribing to an oath of allegiance to support the constitution or laws of a foreign country upon attainment of 21 years of age or more.”
Renunciation, whether express or implied, cannot be lawfully done while the Philippine Republic is at war with any country. It would mean treason.
3. By deprivation
- Deprivation exist when a person is deprived of his citizenship as a sort of punishment.
4.
By release
- as distinguished fro deprivation, a release is voluntary in the sense that a person asks the permission of his country to be freed from citizenship therein.
5.
By expiration
- this principle is ordinarily NOT applicable to FILIPINOS
- However, if a naturalized citizen, within five years from the time he is issued
naturalization certificate, permanently resides in a different country, his naturalization certificate may be cancelled on this ground. This is our equivalent of expiration.
How Philippine Citizenship May Be Lost
1.
By naturalization in foreign countries; or
2.
By express renunciation of citizenship
Denaturalization Proceedings
- Denaturalization proceedings (to cancel one’s naturalization certificate for instance) must be commenced upon motion by the Solicitor -General or by his representative or by the Provincial Fiscal (now Prosecutor), the Judge cannot therefore motu proprio declare null and void the grant of citizenship by a competent court.
How Philippine Citizenship May Be Reacquired
1.
By naturalization;
2.
By repatriation of deserters of the Army, Navy or Air Corps: Provided, that a woman who lost her citizenship by reason of her marriage to an alien may be repatriated in accordance with the provisions of this Act after the termination of the marital status;
3.
By direct act of the National Assembly, provided that:
A.
The applicant be at least twenty-one years of age and shall have resided in the
Philippines at least six months before he applies for naturalization;
B.
He shall 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; and perpetually all faith and allegiance to the foreign authority, state or sovereignty of which he was a citizen or subject.
4. Repatriation shall be effected by merely taking the necessary oath of allegiance to the Commonwealth of the Philippines and registration in the proper civil registry.
Who Can Avail of the Privilege of Repatriation?
1.
To natural-born Filipinos who lost their citizenship on account of political or economic necessity; and
2.
To the minor children of said natural-born Filipinos.
- to claim the benefit of RA 8171, however, the said children must be of minor age at
the time the petition is filed by the parent.
Article 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.
“Domicile” Distinguished from “Citizenship” or “Nationality”
- Domicile speaks of one’s permanent place of abode, in general; on the other hand, citizenship nationality indicates ties of allegiance and loyalty.
Definition of Domicile
- Domicile is that place where a person has certain settled, fixed, legal relations because:
A.
It is assigned to him by the law at the moment of birth;
B.
It is assigned to him also by the law after birth on account of legal disability cause
for instance by minority, insanity, or marriage in the case of a woman.
C.
Because he has his home there -- that to which whenever he is absent, he
intends to return.
The Three Kinds of Domicile
1.
Domicile of Origin
- acquired at birth
- applies only to infants
- it never changes for a person is born only once.
2.
Constructive domicile or the domicile by operation of law
- given after birth
- refers to all those who lack capacity to choose their own domicile: infants, married
women, idiots, and insane. Legal disabilities prevent their making a choice.
- may change from time to tie depending upon circumstances which will be
subsequently discussed.
3.
Domicile of choice
- is a result of the voluntary will and action of the person concerned.
Rules for the Domicile of Origin (Domicilium Originis)
1.
A legitimate child -- is the domicile of choice of his father at the moment of the birth of the child.
Example: If a Filipino child is born in France at the time that his father is domiciled in
Japan, the domicile of origin of the child is in Japan.
However, if the child is a posthumous one (born after the death of the father) its domicile of origin is the domicile of the mother.
2.
An illegitimate child -- is the domicile of choice of the mother at the time of the birth of the child.
3.
A legitimated child (an illegitimate child who subsequently is granted the status of a legitimate child by the process call legitimation) -- is the domicile of the father at the time of the birth (not the legitimation) of the child. This is so because “legitimation shall take effect from the time of the child’s birth.”
4.
An adopted child -- is not the domicile of the adopter (for generally adoption takes place sometime after the birth of the child) but the domicile of the real parent of the parent by consanguinity.
5.
A foundling (an abandoned infant whose parents are unknown) -- is the country where it was found.
Importance of Knowing Domicile
1.
Firstly, our law makes in some cases the law of domicile as the controlling factor in the solution of conflicts problems rather than the national law of the person involved. This is particularly true in the revocation of wills.
2.
Secondly, in some codal provisions, both the domiciliary and the nationality of theories are used.
3.
Thirdly, the domiciliary theory often runs to the rescue of the nationality theory in solving conflicts problems posed by stateless individuals, and by those possessed by a dual or multiple citizenship.
4.
Fourthly, during the years when we were under the control and jurisdiction of the United States, many domiciliary rules prevalent then were engrafted into our jurisprudence.
Rules for the Constructive Domicile (Domicilium Necesarium)
1.
Rules for Infants
A.
If legitimate -- the domicile of choice of the father.
B.
If illegitimate -- the domicile of choice of the mother (after all she is supposed to take care of the child).
C.
If adopted -- the domicile of choice of the adopter.
D.
If a ward -- the domicile of choice of the guardian.
2.
Rules for Married Women
A.
If the marriage is valid -- the domicile of choice of her husband. However, the wife
is allowed to have a separate domicile in the following instances:
If the husband lives abroad, except if living abroad is in the service of the Republic.
If they are legally separated
If the husband forcibly ejects the wife from the conjugal home so that he may have illicit relations with another.
If there is a separation de facto of the spouses.
B. If the marriage is voidable -- the marriage is regarded as valid until annulled;
therefore, prior to annulment the constructive domicile of the wife is the domicile of
choice of the husband, unless she is permitted under the circumstances to select her
own domicile of choice. After the marriage is annulled, the woman ceases to be a
wife; hence, being no longer under any legal disability, she no longer has any
constructive domicile. If she decides to remain in the domicile of her former husband,
this would be her own freely selected domicile of choice, not her constructive
domicile.
C. If the marriage is void -- it is as if there was no marriage and the “wife” is not really one. Hence, she is not laboring under any legal disability; consequently, she has no constructive domicile. Should she continue being domiciled in the same place as where her “husband” is a domiciliary, such place would not be her constructive domicile, it would be her domicile of choice.
3.
Rules for Idiots, Lunatics, and the Insane - the law assigns to them their domicile:
A.
If they are below the age of majority -- they are still considered infants under the law; thus, the rules for infants are applicable to them.
B.
If they are above the age of majority a distinction must be made: if they have guardians over their persons, they have to follow the domicile of choice of their
guardians; if they have no guardians over their persons, their constructive domicile is
in the place where they had their domicile of choice shortly before they became insane.
Rules of Domicile of Choice
- Domicile of choice is that which is voluntarily chosen by a sui juris -- as his more or less permanent home -- that to which whenever he is absent, he intends to return.
There are certain fundamental principles governing domicile choice:
A.
No natural person must ever be without a domicile.
B.
No person can have two or more domiciles at the same time, except for certain purposes and from different legal viewpoints.
C.
Every sui juris may change his domicile.
D.
Once acquired, it remains the domicile unless a new one is obtained:
By a capacitated person;
With freedom of choice
With actual physical presence in the place chosen;
And a provable intent that it should be one’s fixed and permanent place of abode -- one’s home -- that is, there should be “animus revertendi” (intent to remain) or “animus non-revertendi” (intent not to return to the original abode)
Domicile Distinguished from Residence
- the principal distinction is this: while residence is more or less temporary, domicile is more or less permanent. Secondly, while a person can have several places of residence, he can have generally only one domicile. As a matter of fact, under the Civil Code, domicile carries a note of habituality.
- Residence is used to indicate a pace of abode, whether permanent or temporary; domicile denotes a fixed permanent residence to which when absent, one has the intention of returning.
Article 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.
Rules for Determining the Domicile of Juridical Persons
1.
Get the domicile provided for in the law creating or recognizing them or in their articles of agreement.
2.
If not provided for, get the place:
A.
Where their legal representation is established.
B.
Or where they exercise their principal functions.
Domicile of a De Facto Partnership
- a defectively organized partnership which the law recognizes as de facto insofar as third persons are concerned can possess a domicile for purposes of its de facto existence.
Domicile of a Corporation with a Head Office and with Branches
- here the domicile is where the head office is located.
