Page 1 of 30

Conflicts of Law

1) In general
a) Definition of Conflicts
b) Elements
c) Distinctions between Conflicts of Law and Public International Law
d) Sources
e) Doctrines
i) Kilberg Doctrine
ii) Center of Gravity Doctrine
iii) Forum Non Conveniens

2) Jurisdiction
a) Philippine Trust Co. vs. Bohanan, GR L-23205, January 30, 1960
b) Fluemer vs. Hix, 54 Phil 610
c) In Re: Testate Estate of Suntay, 95 Phil. 500

3) Theories Why We Should Apply Foreign Laws
a) Theory of Comity (Hilton vs. Guyot)
b) Theory of Vested Rights
c) Theory of Local Law
d) Theory of Harmony of Laws
e) Theory of Justice

4) Foreign Judgment
a) Nature and Proof of Foreign Judgment
b) Conditions for Recognition of Foreign Judgment
i) Querubin vs. Querubin, 47 O.G. 316

5) Kinds of Conflict Rules


6) Composition of Conflict Rules

Page 2 of 30


7) Status and Capacity
a) Cases
i) Silverio vs. Republic, October 22, 2007
ii) Republic vs. Cagandahan, September 12, 2008
b) Characteristics of Status
c) Kinds of Capacity

8) Personal Law
a) Kinds of Personal Law
b) Theories on Personal Law

9) Nationality and Citizenship
a) Citizens of the Philippines
i) Tecson vs. Comelec, GR No. 161434, March 3, 2004
ii) Kilosbayan Foundation vs. Ermita, July 3, 2007
iii) Valles vs. Comelec, 337 SCRA 545
iv) Re: Application for Admission to Phil. Bar (Ching), 316 SCRA 1
v) Djumantan vs. Domingo, 240 SCRA 186
vi) Mercado vs. Manzano, 307 SCRA 630
vii) Labo vs. Comelec, 176 SCRA 1
b) RE 9225 Citizenship Retention and Reacquisition Act of 2003
i) Advocates and Adherents of Social Justice vs. Datumanong, GR No. 160869,
May 11, 2007
ii) Sobejana vs. Comelec, August 10, 2012
c) RA 9139 Administrative Naturalization Law of 2000
d) Commonwealth Act No. 473 Judicial Naturalization
e) Legislative Naturalization

10) Domicile
a) Kinds of Domicile
b) RA 9189 Overseas Absentee Voting Act of 2003
i) Macalintal vs. Comelec, July 10, 2003
c) Rules on Domicile
i) Romualdez Marcos vs. Comelec, 248 SCRA 300
Page 3 of 30

ii) Aquino vs. Comelec, 248 SCRA 400
iii) Romualdez vs. RTC of Tacloban, 226 SCRA 408

11) Renvoi Literally Means Referring Back
a) Aznar vs. Garcia, 7 SCRA 95

12) Double Renvoi
a) Testate Estate of Amos Bellis vs. Edward Bellis, 20 SCRA 358

13) Domestic Adoption Act of 1998 RA 8552

14) Inter-country Adoption Law, RA 8043

15) Annulment, Declaration of Nullity of Marriage
a) Zamora vs. CA, GR No. 141917, February 7, 2007
b) Santos vs. CA, 310 Phil 21, January 4, 1995
c) Republic vs. CA and Molina, GR No. 108763, February 13, 1997
d) Garcia-Recio vs. Recio, GR No. 138322, October 2, 2001
e) Perez vs. CA, GR No. 162580, January 27, 2006


Page 4 of 30

1) In general
a) Definition of Conflicts

b) Elements

c) Distinctions between Conflicts of Law and Public International Law

d) Sources

e) Doctrines
i) Kilberg Doctrine

ii) Center of Gravity Doctrine

iii) Forum Non Conveniens

2) Jurisdiction
a) Philippine Trust Co. vs. Bohanan, GR L-23205, January 30, 1960

b) Fluemer vs. Hix, 54 Phil 610

c) In Re: Testate Estate of Suntay, 95 Phil. 500

3) Theories Why We Should Apply Foreign Laws
a) Theory of Comity (Hilton vs. Guyot)

b) Theory of Vested Rights

c) Theory of Local Law


d) Theory of Harmony of Laws

e) Theory of Justice
Page 5 of 30



4) Foreign Judgment
a) Nature and Proof of Foreign Judgment

b) Conditions for Recognition of Foreign Judgment
i) Querubin vs. Querubin, 47 O.G. 316


5) Kinds of Conflict Rules


6) Composition of Conflict Rules


7) Status and Capacity
a) Cases
i) Silverio vs. Republic, October 22, 2007


ii) Republic vs. Cagandahan, September 12, 2008


b) Characteristics of Status


c) Kinds of Capacity


8) Personal Law
a) Kinds of Personal Law


b) Theories on Personal Law

Page 6 of 30


9) Nationality and Citizenship
a) Citizens of the Philippines
i) Tecson vs. Comelec, GR No. 161434, March 3, 2004


ii) Kilosbayan Foundation vs. Ermita, July 3, 2007


iii) Valles vs. Comelec, 337 SCRA 545


iv) Re: Application for Admission to Phil. Bar (Ching), 316 SCRA 1


v) Djumantan vs. Domingo, 240 SCRA 186


vi) Mercado vs. Manzano, 307 SCRA 630


vii) Labo vs. Comelec, 176 SCRA 1


b) RA 9225 Citizenship Retention and Reacquisition Act of 2003
AN ACT MAKING THE CITIZENSHIP OF PHILIPPINE CITIZENS WHO ACQUIRE FOREIGN
CITIZENSHIP PERMANENT.
AMENDING FOR THE PURPOSE COMMONWEALTH ACT. NO. 63, AS AMENDED AND FOR
OTHER PURPOSES
Section 1. Short Title this act shall be known as the "Citizenship Retention and Re-acquisition Act of 2003."
Section 2. Declaration of Policy - It is hereby declared the policy of the State that all Philippine citizens of another
country shall be deemed not to have lost their Philippine citizenship under the conditions of this Act.
Section 3. Retention of Philippine Citizenship - Any provision of law to the contrary notwithstanding, natural-born
citizenship by reason of their naturalization as citizens of a foreign country are hereby deemed to have re-acquired
Philippine citizenship upon taking the following oath of allegiance to the Republic:
"I _____________________, solemny swear (or affrim) that I will support and defend the
Constitution of the Republic of the Philippines and obey the laws and legal orders promulgated by
the duly constituted authorities of the Philippines; and I hereby declare that I recognize and accept
Page 7 of 30

the supreme authority of the Philippines and will maintain true faith and allegiance thereto; and that
I imposed this obligation upon myself voluntarily without mental reservation or purpose of evasion."
Natural born citizens of the Philippines who, after the effectivity of this Act, become citizens of a
foreign country shall retain their Philippine citizenship upon taking the aforesaid oath.
Section 4. Derivative Citizenship - The unmarried child, whether legitimate, illegitimate or adopted, below eighteen
(18) years of age, of those who re-acquire Philippine citizenship upon effectivity of this Act shall be deemed citizenship
of the Philippines.
Section 5. Civil and Political Rights and Liabilities - Those who retain or re-acquire Philippine citizenship under this
Act shall enjoy full civil and political rights and be subject to all attendant liabilities and responsibilities under existing
laws of the Philippines and the following conditions:
(1) Those intending to exercise their right of surffrage must Meet the requirements under Section 1, Article V of the
Constitution, Republic Act No. 9189, otherwise known as "The Overseas Absentee Voting Act of 2003" and other
existing laws;
(2) Those seeking elective public in the Philippines shall meet the qualification for holding such public office as
required by the Constitution and existing laws and, at the time of the filing of the certificate of candidacy, make a
personal and sworn renunciation of any and all foreign citizenship before any public officer authorized to
administer an oath;
(3) Those appointed to any public office shall subscribe and swear to an oath of allegiance to the Republic of the
Philippines and its duly constituted authorities prior to their assumption of office: Provided, That they renounce
their oath of allegiance to the country where they took that oath;
(4) Those intending to practice their profession in the Philippines shall apply with the proper authority for a license or
permit to engage in such practice; and
(5) That right to vote or be elected or appointed to any public office in the Philippines cannot be exercised by, or
extended to, those who:
(a) are candidates for or are occupying any public office in the country of which they are naturalized citizens;
and/or
(b) are in active service as commissioned or non-commissioned officers in the armed forces of the country which
they are naturalized citizens.
Section 6. Separability Clause
Section 7. Repealing Clause
Section 8. Effectivity Clause

i) Advocates and Adherents of Social Justice vs. Datumanong, GR No. 160869,
May 11, 2007


ii) Sobejana vs. Comelec, August 10, 2012


c) RA 9139 Administrative Naturalization Law of 2000
AN ACT PROVIDING FOR THE ACQUISITION OF PHILIPPINE CITIZENSHIP FOR CERTAIN
ALIENS BY ADMINISTRATIVE NATURALIZATION AND FOR OTHER PURPOSES
Section 1. Short Title. - This Act shall be known as "The Administrative Naturalization Law of 2000."
Page 8 of 30

Section 2. Declaration of Policy. - The State shall control and regulate the admission and integration of aliens into its
territory and body politic including the grant of citizenship to aliens. Towards this end, aliens born and residing in the
Philippines may be granted Philippine citizenship by administrative proceedings subject to certain requirements
dictated by national security and interest.
Section 3. Qualifications. - Subject to the provisions of the succeeding section, any person desiring to avail of the
benefits of this Act must meet the following qualifications:
(a) The applicant must be born in the Philippines and residing therein since birth;
(b) The applicant must not be less than eighteen (18) years of age, at the time of filing of his/her petition;
(c) 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;
(d) 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;
(e) 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;
(f) The applicant must be able to read, write and speak Filipino or any of the dialects of the Philippines; and
(g) 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.
Section 4. Disqualifications, - The following are not qualified to be naturalized as Filipino citizens under this Act:
(a) Those opposed to organized government or affiliated with any association of group of persons who uphold and
teach doctrines opposing all organized governments;
(b) Those defending or teaching the necessity of or propriety of violence, personal assault or assassination for the
success or predominance of their ideas;
(c) Polygamists or believers in the practice of polygamy;
(d) Those convicted of crimes involving moral turpitude;
(e) Those suffering from mental alienation or incurable contagious diseases;
(f) Those who, during the period of their residence in the Philippines, have not mingled socially with Filipinos, or who
have not evinced a sincere desire to learn and embrace the customs, traditions and ideals of the Filipinos;
(g) Citizens or subjects with whom the Philippines is at war, during the period of such war; and
(h) Citizens or subjects of a foreign country whose laws do not grant Filipinos the right to be naturalized citizens or
subjects thereof.
Section 5. Petition for Citizenship.
(1) Any person desiring to acquire Philippine citizenship under this Act shall file with the Special Committee on
Naturalization created under Section 6 hereof, a petition of five (5) copies legibly typed and signed, thumbmarked
and verified by him/her, with the latter's passport-sized photograph attached to each copy of the petition, and
setting forth the following:
(a) The petitioner's name and surname, and any other name he/she has used or by which he/she is known;
(b) The petitioner's present and former places of residence;
Page 9 of 30

(c) The petitioner's place and date of birth, the names and citizenship of his/her parents and their residences;
(d) The petitioner's trade, business, profession or occupation, and if married, also that of his/her spouse;
(e) Whether the petitioner is single or married or his/her marriage is annulled. If married, petitioner shall state the
date and place of his/her marriage, and the name, date of birth, birthplace, citizenship and residence of
his/her spouse; and if his marriage is annulled, the date of decree of annulment of marriage and the court
which granted the same;
(f) If the petitioner has children, the name, date and birthplace and residences of his/her children ;
(g) A declaration that the petitioner possesses all the qualifications and none of the disqualifications under this
Act;
(h) A declaration that the petitioner shall never be a public charge; and
(i) A declaration that it is the petitioner's true and honest intention to acquire Philippine citizenship and to
renounce absolutely and forever any prince, potentate, State or sovereign, and particularly the country of
which the applicant is a citizen or subject.
(2) The application shall be accompanied by:
(a) Duplicate original or certified photocopies of petitioner's birth certificate;
(b) Duplicate original or certified photocopies of petitioner's alien certificate of registration and native born
certificate of residence;
(c) Duplicate original or certified photocopies of petitioner's marriage certified, if married, or the death certificate
of his spouse, if widowed, or the court decree annulling his marriage, if such was the fact;
(d) Duplicate original or certified photocopies of birth certificates, alien certificate of registration or native born
certificate of residence if any, of petitioner's minor children, wherever applicable;
(e) Affidavit of financial capacity by the petitioner, and sworn statements on the good moral character of the
petitioner by at least two (2) Filipino citizens of good reputation in his/her place of residence stating that they
have personally known the petitioner for at least a period of ten (10) years and that said petitioner has in their
own opinion all the qualifications necessary to become a citizen of the Philippines and is not in any way
disqualified under the provisions of this Act;
(f) A medical certificate that petitioner is not a user of prohibited drugs or otherwise a drug dependent and that
he/she is not afflicted with acquired immune deficiency syndrome (AIDS);
(g) School diploma and transcript of records of the petitioner in the schools he attended in the Philippines.
Should the petitioner have minor children, a certification that his children are enrolled in a school where
Philippine history, government and civics are taught and are part of the curriculum; and
(h) If gainfully employed, the income tax return for the past three (3) years.
Section 6. Special Committee on Naturalization. - There shall be constituted a Special Committee on Naturalization
herein referred to as the "Committee", with the Solicitor General as chairman, the Secretary of Foreign Affairs, or his
representative, and the National Security Adviser, as members, with the power to approve, deny or reject applications
for naturalization as provided in this Act.
The Committee shall meet, as often as practicable, to consider applications for naturalization. For this purpose, the
chairman and members shall receive an honorarium of Two thousand pesos (P2,000.00) and One thousand five
hundred pesos (P1,500.00), respectively, per meeting attended.
Section 7. Powers/Functions of the Special Committee on Naturalization. - An alien who believes that he has all the
qualifications, and none of the disqualifications, may file an application for naturalization with the secretariat of the
Special Committee on Naturalization, and a processing fee of Forty thousand pesos (P40,000.00). Thereafter, the
petition shall be stamped to indicate the date of filing and a corresponding docket number. Within fifteen (15) days from
the receipt of the petition, the Committee shall determine whether the petition is complete in substance and in form. If
such petition is complete, the Committee shall immediately publish pertinent portions of the petition indicating the
name, qualifications and other personal circumstances of the applicant, once a week for three (3) consecutive weeks in
a newspaper of general circulation, and have copies of the petition posted in any public or conspicuous area. The
Page 10 of 30

Committee shall immediately furnish the Department of Foreign Affairs (DFA), the Bureau of Immigration (BI), the civil
registrar of the petitioner's place of residence and tile National Bureau of Investigation (NBI) copies of the petition and
its supporting documents. These agencies shall have copies of the petition posted in any public or conspicuous area in
their buildings, offices and premises, and shall, within thirty (30) days from the receipt of the petition, submit to the
Committee a report stating whether or not petitioner has any derogatory record on file or any such relevant and
material information which might be adverse to petitioner's application for citizenship.
If the petition is found by the Committee to be wanting in substance and form, the petition shall be dismissed without
prejudice.
Section 8. Approval or Disapproval of the Petition. - Within sixty (60) days from receipt of the report of the agencies
which were furnished a copy of the petition or the date of the last publication of the petition, whichever comes in later,
the Committee shall consider and review all relevant and material information it has received pertaining to the petition,
and may, for the purpose call the petitioner for interview to ascertain his/her identity, the authenticity of the petition and
its annexes, and to determine the truthfulness of the statements and declarations made in the petition and its annexes.
If the Committee shall have received any information adverse to the petition, the Committee shall allow the petitioner to
answer, explain or refute the information.
Thereafter, if the Committee believes, in view of the facts before it, that the petitioner has all the qualifications and
none of the disqualifications required for Philippine citizenship under this Act, it shall approve the petition and
henceforth, notify the petitioner of the fact of such approval. Otherwise, the Committee shall disapprove the same.
Section 9. Decree of Naturalization and Naturalization Processing Fee. -Within thirty (30) days from the receipt of the
notice of the approval of his/her petition, the applicant shall pay to the Committee a naturalization fee of One hundred
thousand pesos (P100,000.00) payable as follows: Fifty thousand pesos (P50,000.00) upon the approval of the petition
and Fifty thousand pesos (P50,000.00) upon the taking of the oath of allegiance to the Republic of the Philippines,
forthwith, a certificate of naturalization shall be issued. Within sixty (60) days from the issuance of the certificate, the
petitioner shall take an oath of allegiance in the proper forum upon proof of payment of the required naturalization
processing fee and certificate of naturalization. Should the applicant fail to take the abovementioned oath of allegiance
within said period of time, the approval of the petition shall be deemed abandoned.
Section 10. Duty of the Bureau of Immigration. - Within five (5) days after the applicant has taken his oath of
allegiance as required in the preceding section, the BI shall forward a copy of the petitioner's oath to the proper local
civil registrar. Thereafter, the BI shall cancel the alien certificates of registration of the applicant.
Section 11. Status of Alien Wife and Minor Children. - After the approval of the petition for administrative naturalization
in cancellation of applicant's alien certificate of registration, applicant's alien lawful wife and minor children may file a
petition for cancellation of their alien certificates of registration with the Committee subject to the payment of the filing
fee of Twenty thousand pesos (P20,000.00) and naturalization fee of Forty thousand pesos (P40,000.00) payable as
follows: Twenty thousand pesos (P20,000.00) upon the approval of the petition and Twenty thousand pesos
(P20,000.00) upon the taking of the oath of allegiance to the Republic of the Philippines.
Section 12. Status of Alien Husband and Minor Children. - If the applicant is a married woman, the approval of her
petition for administrative naturalization will not benefit her alien husband but her minor children may file a petition for
cancellation of their alien certificates of registration with the BI subject to the requirements of existing laws.
Section 13. Cancellation of the Certificate of Naturalization. - The Special Committee may cancel certificates of
naturalization issued under this Act in the following cases:
(a) If it finds that the naturalized person or his duly authorized representative made any false statement or
misrepresentation or committed any violation of law, rules and regulations in connection with the petition for
naturalization, or if he otherwise obtains Philippine citizenship fraudulently or illegally, the certificate of
naturalization shall be cancelled;
(b) If the naturalized person or his wife, or any or his minor children who acquire Filipino citizenship by virtue of his
naturalization shall, within five (5) years next following the grant of Philippine citizenship, establish permanent
residence in a foreign country, that individual's certificate of naturalization or acquired citizenship shall be
cancelled or revoked: Provided, That the fact of such person's remaining for more than one (1) year in his country
of origin, or two (2) years in any foreign country, shall be considered prima facie evidence of intent to permanently
reside therein;
Page 11 of 30

(c) If the naturalized person or his wife or child with acquired citizenship allows himself or herself to be used as a
dummy in violation of any constitutional or legal provision requiring Philippine citizenship as a condition for the
exercise, use or enjoyment of a right, franchise or privilege, the certificate of naturalization or acquired citizenship
shall be cancelled or revoked; and
(d) If the naturalized person or his wife or child with acquired citizenship commits any act inimical to national security,
the certificate of naturalization or acquired citizenship shall be cancelled or revoked.
In case the naturalized person holds any hereditary title, or belong to any order of nobility, he shall make an express
renunciation of his title or membership in this order of nobility before the Special Committee or its duly authorized
representative, and such renunciation shall be included in the records of his application for citizenship.
Section 14. Penalties. - Any person who shall fraudulently make, falsify, forge, change, alter, or cause or aid any
person to do the same, or who shall purposely aid and assist in falsely making, forging, falsifying, changing or altering
a naturalization certificate issued under this proceeding for the purpose of making use thereof, or in order that the
same may be used by another person or persons, and any person who shall purposely aid and assist another in
obtaining a naturalization certificate in violation of this Act, shall be punished by a fine of not more than Five hundred
thousand pesos (P500,OOO.OO) and by imprisonment for not more than five (5) years, and in the case that the person
convicted is a naturalized citizen, his certificate of naturalization shall, if not earlier cancelled by the Special Committee,
be ordered cancelled.
Section 15. Any person who failed to register his/her birth with the concerned city or municipal civil registrar may,
within two (2) years from the effectivity of this Act, file a petition for the acquisition of the Philippine citizenship:
Provided, That the applicant possesses all the qualifications and none of the disqualifications under this Act and
subject to the requirements of existing laws.
Section 16. Special Disposition of the Filing Fee. - An amount equivalent to twenty five percent (25%) of the filing fee
to be paid by the applicants pursuant to Section 7 hereof shall accrue to the University of the Philippines Law Center
and another twenty-five percent (25%) shall be allotted for the publication of the Journal of the House of
Representatives. Said amount shall be treated as receipts automatically appropriated.
Section 17. Implementing Rules and Regulations.
Section 18. Repealing Clause.
Section 19. Separability CIause.
Section 20. Effectivity Clause. -

d) Commonwealth Act No. 473 (1939) Judicial Naturalization
AN ACT TO PROVIDE FOR THE ACQUISITION OF PHILIPPINE CITIZENSHIP BY
NATURALIZATION, AND TO REPEAL ACTS NUMBERED TWENTY-NINE HUNDRED AND
TWENTY-SEVEN AND THIRTY-FOUR HUNDRED AND FORTY-EIGHT.
Section 1. Title of Act. This Act shall be known and may be cited as the "Revised Naturalization Law."
Section 2. Qualifications. Subject to section four of this Act, any person having the following qualifications may
become a citizen of the Philippines by naturalization:
First. He must be not less than twenty-one years of age on the day of the hearing of the petition;
Second. He must have resided in the Philippines for a continuous period of not less than ten years;
Third. 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.
Fourth. 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;
Page 12 of 30

Fifth. He must be able to speak and write English or Spanish and any one of the principal Philippine
languages; and
Sixth. 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.
Section 3. Special qualifications. The ten years of continuous residence required under the second condition of the
last preceding section shall be understood as reduced to five years for any petitioner having any of the following
qualifications:
1. Having honorably held office under the Government of the Philippines or under that of any of the provinces, cities,
municipalities, or political subdivisions thereof;
2. Having established a new industry or introduced a useful invention in the Philippines;
3. Being married to a Filipino woman;
4. Having been engaged as a teacher in the Philippines 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 not less than two years;
5. Having been born in the Philippines.
Section 4. Who are disqualified. - The following cannot be naturalized as Philippine citizens:
a. Persons opposed to organized government or affiliated with any association or group of persons who uphold and
teach doctrines opposing all organized governments;
b. Persons defending or teaching the necessity or propriety of violence, personal assault, or assassination for the
success and predominance of their ideas;
c. Polygamists or believers in the practice of polygamy;
d. Persons convicted of crimes involving moral turpitude;
e. Persons suffering from mental alienation or incurable contagious diseases;
f. Persons who, during the period of their residence in the Philippines, have not mingled socially with the Filipinos, or
who have not evinced a sincere desire to learn and embrace the customs, traditions, and ideals of the Filipinos;
g. Citizens or subjects of nations with whom the United States and the Philippines are at war, during the period of
such war;
h. Citizens or subjects of a foreign country other than the United States whose laws do not grant Filipinos the right to
become naturalized citizens or subjects thereof.
Section 5. Declaration of intention. One year prior to the filing of his petition for admission to Philippine citizenship,
the applicant for Philippine citizenship shall file with the Bureau of Justice a declaration under oath that it is bona fide
his intention to become a citizen of the Philippines. Such declaration shall set forth name, age, occupation, personal
description, place of birth, last foreign residence and allegiance, the date of arrival, the name of the vessel or aircraft, if
any, in which he came to the Philippines, and the place of residence in the Philippines at the time of making the
declaration. No declaration shall be valid until lawful entry for permanent residence has been established and a
certificate showing the date, place, and manner of his arrival has been issued. The declarant must also state that he
has enrolled his minor children, if any, in any of the public schools or private schools recognized by the Office of
Private Education of the Philippines, where 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. Each declarant must furnish two photographs of himself.
Section 6. Persons exempt from requirement to make a declaration of intention. Persons born in the Philippines and
have received their primary and secondary education in public schools or those recognized by the Government and not
limited to any race or nationality, and those who have resided continuously in the Philippines for a period of thirty years
or more before filing their application, may be naturalized without having to make a declaration of intention upon
complying with the other requirements of this Act. To such requirements shall be added that which establishes that the
Page 13 of 30

applicant has given primary and secondary education to all his children in the public schools or in private schools
recognized by the Government and not limited to any race or nationality. The same shall be understood applicable with
respect to 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.
Section 7. Petition for citizenship. Any person desiring to acquire Philippine citizenship shall file with the competent
court, a petition in triplicate, accompanied by two photographs of the petitioner, setting forth his name and surname; his
present and former places of residence; his occupation; the place and date of his birth; whether single or married and
the father of children, the name, age, birthplace and residence of the wife and of each of the children; the approximate
date of his or her arrival in the Philippines, the name of the port of debarkation, and, if he remembers it, the name of
the ship on which he came; a declaration that he has the qualifications required by this Act, specifying the same, and
that he is not disqualified for naturalization under the provisions of this Act; that he has complied with the requirements
of section five of this Act; and that he will reside continuously in the Philippines from the date of the filing of the petition
up to the time of his admission to Philippine citizenship. The petition must be signed by the applicant in his own
handwriting and be supported by the affidavit of at least two credible persons, stating that they are citizens of the
Philippines and personally know the petitioner to be a resident of the Philippines for the period of time required by this
Act and a person of good repute and morally irreproachable, and that said petitioner has in their opinion all the
qualifications necessary to become a citizen of the Philippines and is not in any way disqualified under the provisions
of this Act. The petition shall also set forth the names and post-office addresses of such witnesses as the petitioner
may desire to introduce at the hearing of the case. The certificate of arrival, and the declaration of intention must be
made part of the petition.
Section 8. Competent court.The Court of First Instance of the province in which the petitioner has resided at least
one year immediately preceding the filing of the petition shall have exclusive original jurisdiction to hear the petition.
Section 9. Notification and appearance.Immediately upon the filing of a petition, it shall be the duty of the clerk of the
court to publish the same at petitioner's expense, once a week for three consecutive weeks, in the Official Gazette, and
in one of the newspapers of general circulation in the province where the petitioner resides, and to have copies of said
petition and a general notice of the hearing posted in a public and conspicuous place in his office or in the building
where said office is located, setting forth in such notice the name, birthplace and residence of the petitioner, the date
and place of his arrival in the Philippines, the names of the witnesses whom the petitioner proposes to introduce in
support of his petition, and the date of the hearing of the petition, which hearing shall not be held within ninety days
from the date of the last publication of the notice. The clerk shall, as soon as possible, forward copies of the petition,
the sentence, the naturalization certificate, and other pertinent data to the Department of the Interior, the Bureau of
Justice, the Provincial Inspector of the Philippine Constabulary of the province and the justice of the peace of the
municipality wherein the petitioner resides.
Section 10. Hearing of the petition.No petition shall be heard within the thirty days preceding any election. The
hearing shall be public, and the Solicitor-General, either himself or through his delegate or the provincial fiscal
concerned, shall appear on behalf of the Commonwealth of the Philippines at all the proceedings and at the hearing. If,
after the hearing, the court believes, in view of the evidence taken, that the petitioner has all the qualifications required
by, and none of the disqualifications specified in this Act and has complied with all requisites herein established, it shall
order the proper naturalization certificate to be issued and the registration of the said naturalization certificate in the
proper civil registry as required in section ten of Act Numbered Three thousand seven hundred and fifty-three.
Section 11. Appeal.The final sentence may, at the instance of either of the parties, be appealed to the Supreme
Court.
Section 12. Issuance of the Certificate of Naturalization.If, after the lapse of thirty days from and after the date on
which the parties were notified of the Court, no appeal has been filed, or if, upon appeal, the decision of the court has
been confirmed by the Supreme Court, and the said decision has become final, the clerk of the court which heard the
petition shall issue to the petitioner a naturalization certificate which shall, among other things, state the following: The
file number of the petition, the number of the naturalization certificate, the signature of the person naturalized affixed in
the presence of the clerk of the court, the personal circumstances of the person naturalized, the dates on which his
declaration of intention and petition were filed, the date of the decision granting the petition, and the name of the judge
who rendered the decision. A photograph of the petitioner with the dry seal affixed thereto of the court which granted
the petition, must be affixed to the certificate.
Before the naturalization certificate is issued, the petitioner shall, in open court, take the following oath:
Page 14 of 30

"I, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . , solemnly swear that I renounce absolutely and
forever all allegiance and fidelity to any foreign prince, potentate, state or sovereignty, and
particularly to the . . . . . . . . . . . . . . . . . . of which at this time I am a subject or citizen; that I will
support and defend the Constitution of the Philippines and that I will obey the laws, legal orders
and decrees promulgated by the duly constituted authorities of the Commonwealth of the
Philippines; [and I hereby declare that I recognize and accept the supreme authority of the United
States of America in the Philippines and will maintain true faith and allegiance thereto; and that I
impose this obligation upon myself voluntarily without mental reservation or purpose of evasion.
"So help me God."
Section 13. Record books.The clerk of the court shall keep two books; one in which the petition and declarations of
intention shall be recorded in chronological order, noting all proceedings thereof from the filing of the petition to the
final issuance of the naturalization certificate; and another, which shall be a record of naturalization certificates each
page of which shall have a duplicate which shall be duly attested by the clerk of the court and delivered to the
petitioner.
Section 14. Fees.The clerk of the Court of First Instance shall charge as fees for recording a petition for
naturalization and for the proceedings in connection therewith, including the issuance of the certificate, the sum of thirty
pesos.
The Clerk of the Supreme Court shall collect for each appeal and for the services rendered by him in connection
therewith, the sum of twenty-four pesos.
Section 15. Effect of the naturalization on wife and children.Any woman who is now or may hereafter be married to a
citizen of the Philippines, and who might herself be lawfully naturalized shall be deemed a citizen of the Philippines.
Minor children of persons naturalized under this law who have been born in the Philippines shall be considered citizens
thereof.
A foreign-born minor child, if dwelling in the Philippines at the time of the naturalization of the parent, shall
automatically become a Philippine citizen, and a foreign-born minor child, who is not in the Philippines at the time the
parent is naturalized, shall be deemed a Philippine citizen only during his minority, unless he begins to reside
permanently in the Philippines when still a minor, in which case, he will continue to be a Philippine citizen even after
becoming of age.
A child born outside of the Philippines after the naturalization of his parent, shall be considered a Philippine citizen,
unless one year after reaching the age of majority, he fails to register himself as a Philippine citizen at the
*************************** MISSING PAGE "#329" ***********************
the fault of their parents either by neglecting to support them or by transferring them to another school or
schools. A certified copy of the decree canceling the naturalization certificate shall be forwarded by the clerk
of the Court to the Department of the Interior20 and the Bureau of Justice.21
(e) If it is shown that the naturalized citizen has allowed himself to be used as a dummy in violation of the
Constitutional or legal provision requiring Philippine citizenship as a requisite for the exercise, use or
enjoyment of a right, franchise or privilege.

Section 19. Penalties for violation of this Act.Any person who shall fraudulently make, falsify, forge, change, alter, or
cause or aid any person to do the same, or who shall purposely aid and assist in falsely making, forging, falsifying,
changing or altering a naturalization certificate for the purpose of making use thereof, or in order that the same may be
used by another person or persons, and any person who shall purposely aid and assist another in obtaining a
naturalization certificate in violation of the provisions of this Act, shall be punished by a fine of not more than five
thousand pesos or by imprisonment for not more than five years, or both, and in the case that the person convicted is a
naturalized citizen his certificate of naturalization and the registration of the same in the proper civil registry shall be
ordered cancelled.
Section 20. Prescription.No person shall be prosecuted, charged, or punished for an offense implying a violation of
the provisions of this Act, unless the information or complaint is filed within five years from the detection or discovery of
the commission of said offense.
Page 15 of 30

Section 21. Regulation and blanks.The Secretary of Justice shall issue the necessary regulations for the proper
enforcement of this Act. Naturalization certificate blanks and other blanks required for carrying out the provisions of this
Act shall be prepared and furnished by the Solicitor-General, subject to the approval of the Secretary of Justice.
Section 22. Repealing clause.
Section 23. Date when this Act shall take effect.

e) Legislative Naturalization


10) Domicile
a) Kinds of Domicile


b) RA 9189 Overseas Absentee Voting Act of 2003
AN ACT PROVIDING FOR A SYSTEM OF OVERSEAS ABSENTEE VOTING BY QUALIFIED
CITIZENS OF THE PHILIPPINES ABROAD, APPROPRIATING FUNDS THEREFOR, AND FOR
OTHER PURPOSES
Section 1. Short Title. This Act shall be known as "The Overseas Absentee Voting Act of 2003."
Sec. 2. Declaration of Policy. It is the prime duty of the State to provide a system of honest and orderly overseas
absentee voting that upholds the secrecy and sanctity of the ballot. Towards this end, the State ensures equal
opportunity to all qualified citizens of the Philippines abroad in the exercise of this fundamental right.
Sec. 3. Definition of Terms. For purposes of this Act:
a. "Absentee Voting" refers to the process by which qualified citizens of the Philippines abroad exercise their right to
vote;
b. "Commission" refers to the Commission on Elections;
c. "Certified List of Overseas Absentee Voters" refers to the list of registered overseas absentee voters whose
applications to vote in absentia have been approved by the Commission, said list to be prepared by the
Committee on Absentee Voting of the Commission, on a country-by-country basis. This list shall be approved by
the Commission in an en banc resolution;
d. "Day of Election" refers to the actual date of elections in the Philippines;
e. "National Registry of Absentee Voters" refers to the consolidated list prepared, approved and maintained by the
Commission, of overseas absentee voters whose applications for registration as absentee voters, including those
registered voters who have applied to be certified as absentee voters, have been approved by the Election
Registered Board;
f. "Overseas Absentee Voter" refers to a citizen of the Philippines who is qualified to register and vote under this
Act, not otherwise disqualified by law, who is abroad on the day of elections.
Sec. 4. Coverage. All citizens of the Philippines abroad, who are not otherwise disqualified by law, at least eighteen
(18) years of age on the day of elections, may vote for president, vice-president, senators and party-list
representatives.
Sec. 5. Disqualifications. The following shall be disqualified from voting under this Act:
1. Those who have lost their Filipino citizenship in accordance with Philippine laws;
Page 16 of 30

2. Those who have expressly renounced their Philippine citizenship and who have pledged allegiance to a foreign
country;
3. Those who have committed and are convicted in a final judgment by a court or tribunal of an offense punishable
by imprisonment of not less than one (1) year, including those who have committed and been found guilty of
Disloyalty as defined under Article 137 of the Revised Penal Code, such disability not having been removed by
plenary pardon or amnesty; Provided, however, That any person disqualified to vote under this subsection shall
automatically acquire the right to vote upon expiration of five (5) years after service of sentence; Provided, further,
That the Commission may take cognizance of final judgments issued by foreign courts or tribunals only on the
basis of reciprocity and subject to the formalities and processes prescribed by the Rules of Court on execution of
judgments;
4. An immigrant or a permanent resident who is recognized as such in the host country, unless he/she executes,
upon registration, an affidavit prepared for the purpose by the Commission declaring that he/she shall resume
actual physical permanent residence in the Philippines not later than three (3) years from approval of his/her
registration under this Act. Such affidavit shall also state that he/she has not applied for citizenship in another
country. Failure to return shall be the cause for the removal of the name of the immigrant or permanent resident
from the National Registry of Absentee Voters and his/her permanent disqualification to vote in absentia.
5. Any citizen of the Philippines abroad previously declared insane or incompetent by competent authority in the
Philippines or abroad, as verified by the Philippine embassies, consulates or foreign service establishments
concerned, unless such competent authority subsequently certifies that such person is no longer insane or
incompetent.
Sec. 6. Personal Overseas Absentee Registration. Registration as an overseas absentee voter shall be done in
person.
Qualified citizens of the Philippines abroad who failed to register under Republic Act No. 8189, otherwise known as the
"The Voters Registration Act of 1996", may personally apply for registration with the Election Registration Board of the
city or municipality where they were domiciled immediately prior to their departure from the Philippines, or with the
representative of the Commission at the Philippine embassies, consulates and other foreign service establishments
that have jurisdiction over the locality where they temporarily reside. Subject to the specific guidelines herein provided,
the Commission is hereby authorized to prescribe additional procedures for overseas absentee registration pursuant to
the provisions of Republic Act No. 8189, whenever applicable, taking into strict consideration the time zones and the
various periods and processes herein provided for the proper implementation of this Act. The embassies, consulates
and other foreign service establishments shall transmit within (5) days from receipt the accomplished registration forms
to the Commission, after which the Commission shall coordinate with the Election Officer of the city or municipality of
the applicants stated residence for verification, hearing and annotation in the permanent list of voters.
All applications for the May, 2004 elections shall be filed with the Commission not later than two hundred eighty (280)
calendar days before the day of elections. For succeeding elections, the Commission shall provide for the period within
which applications to register must be filed.
In the case of seafarers, the Commission shall provide a special mechanism for the time and manner of personal
registration taking into consideration the nature of their work.
6.1. Upon receipt of the application for registration, the Election Officer shall immediately set the application for
hearing, the notice of which shall be posted in a conspicuous place in the premises of the city or municipal
building of the applicants stated residence for at least one (1) week before the date of the hearing. The Election
Officer shall immediately furnish a copy of the application to the designated representatives of political parties and
other accredited groups.
6.2. If no verified objection to the application is filed, the Election Officer shall immediately forward the application to
the Election Registration Board, which shall decide on the application within one (1) week from the date of hearing
without waiting for the quarterly meeting of the Board. The applicant shall be notified of the approval or
disapproval of his/her application by registered mail.
6.3. In the event that an objection to the application is filed prior to or on the date of hearing, the Election Officer shall
notify the applicant of said objection by registered mail, enclosing therein copies of affidavits or documents
submitted in support of the objection filed with the said Election Officer, if any. The applicant shall have the right to
Page 17 of 30

file his counter-affidavit by registered mail, clearly stating therein facts and defenses sworn before any officer in
the host country authorized to administer oaths.
6.4. The application shall be approved or disapproved based on the merits of the objection, counter-affidavit and
documents submitted by the party objecting and those of the applicant.
6.5 A Certificate of Registration as an overseas absentee voter shall be issued by the Commission to all applicants
whose applications have been approved, including those certified as registered voters. The Commission shall
include the approved applications in the National Registry of Absentee Voters.
6.6. If the application has been approved, any interested party may file a petition for exclusion not later than two
hundred ten (210) days before the day of elections with the proper municipal or metropolitan trial court. The
petition shall be decided within fifteen (15) days after its filing on the basis of the documents submitted in
connection therewith. Should the court fail to render a decision within the prescribed period, the ruling of the
Election Registration Board shall be considered affirmed.
6.7. If the application has been disapproved, the applicant or his authorized representative shall, within a period of five
(5) days from receipt of the notice of disapproval, have the right to file a petition for inclusion with the proper
municipal or metropolitan trial court. The petition shall be decided within five (5) days after its filing on the basis of
documents submitted in connection therewith.
Qualified citizens of the Philippines abroad, who have previously registered as voters pursuant to Republic Act No.
8189 shall apply for certification as absentee voters and for inclusion in the National Registry of Overseas Absentee
Voters, with a corresponding annotation in the Certified Voters List.
Sec. 7. System of Continuing Registration. The Commission shall ensure that the benefits of the system of
continuing registration are extended to qualified overseas absentee voters. Towards this end, the Commission shall
optimize the use of existing facilities, personnel and mechanisms of the various government agencies for purposes of
data gathering, data validation, information dissemination and facilitation of the registration process.
Pre-departure programs, services and mechanisms offered and administered by the Department of Foreign Affairs,
Department of Labor and Employment, Philippine Overseas Employment Administration, Overseas Workers Welfare
Administration, Commission on Filipinos Overseas and other appropriate agencies of the government shall be utilized
for purposes of supporting the overseas absentee registration and voting processes, subject to limitations imposed by
law.
Sec. 8. Requirements for Registration. Every Filipino registrant shall be required to furnish the following documents:
a. A valid Philippine passport. In the absence of a valid passport, a certification of the Department of Foreign Affairs
that it has reviewed the appropriate documents submitted by the applicant and found them sufficient to warrant
the issuance of a passport, or that the applicant is a holder of a valid passport but is unable to produce the same
for a valid reason;
b. Accomplished registration form prescribed by the Commission containing the following mandatory information:
i. Last known residence of the applicant in the Philippines before leaving for abroad;
ii. Address of applicant abroad, or forwarding address in the case of seafarers;
iii. Where voting by mail is allowed, the applicants mailing address outside the Philippines where the ballot for
absentee voters will be sent, in proper cases; and;
iv. Name and address of applicants authorized representative in the Philippines for purposes of Section 6.7 and
Section 12 hereof.
c. In the case of immigrants and permanent residents not otherwise disqualified to vote under this Act, an affidavit
declaring the intention to resume actual physical permanent residence in the Philippines not later than three (3)
years after approval of his/her registration as an overseas absentee voter under this Act. Such affidavit shall also
state that he/she has not applied for citizenship in another country.
The Commission may also require additional data to facilitate registration and recording. No information other than
those necessary to establish the identity and qualification of the applicant shall be required.
Page 18 of 30

Sec. 9. National Registry of Overseas Absentee Voters. The Commission shall maintain a National Registry of
Overseas Absentee Voters. Approved applications of overseas absentee registrants shall also be included in the
permanent list of voters of the city or municipality where the registrant is domiciled, with the corresponding annotation
that such person has been registered or will be voting as an overseas absentee voter. The registry shall also include
those registered under Republic Act No. 8189 and who have been issued certifications as overseas absentee voters.
The entries in the National Registry of Overseas Absentee Voters and the annotations as overseas absentee voters in
the Certified Voters List shall be permanent, and cannot be cancelled or amended except in any of the following
cases:
9.1. When the overseas absentee voter files a letter under oath addressed to the Commission that he/she wishes to
be removed from the Registry of Overseas Absentee Voters, or that his/her name be transferred to the regular
registry of voters; or,
9.2. When an overseas absentee voters name was ordered removed by the Commission from the Registry of
Overseas Absentee Voters for his/her failure to exercise his/her right to vote under this Act for two (2) consecutive
national elections.
Sec. 10. Notice of Registration and Election. The Commission shall, through the embassies, consulates and other
foreign service establishments, cause the publication in a newspaper of general circulation of the place, date and time
of the holding of a regular or special national election and the requirements for the participation of qualified citizens of
the Philippines abroad, at least six (6) months before the date set for the filing of applications for registration.
The Commission shall determine the countries where publication shall be made, and the frequency thereof, taking into
consideration the number of overseas Filipinos present in such countries. Likewise, the Commission and the
Department of Foreign Affairs shall post the same in their respective websites.
Sec. 11. Procedure for Application to Vote in Absentia.
11.1. Every qualified citizen of the Philippines abroad whose application for registration has been approved, including
those previously registered under Republic Act No. 8189, shall, in every national election, file with the officer of
the embassy, consulate or other foreign service establishment authorized by the Commission, a sworn written
application to vote in a form prescribed by the Commission. The authorized officer of such embassy, consulate
or other foreign service establishment shall transmit to the Commission the said application to vote within five (5)
days from receipt thereof. The application form shall be accomplished in triplicate and submitted together with
the photocopy of his/her overseas absentee voter certificate of registration.
11.2. Every application to vote in absentia may be done personally at, or by mail to, the embassy, consulate or foreign
service establishment, which has jurisdiction over the country where he/she has indicated his/her address for
purposes of the elections.
11.3. Consular and diplomatic services rendered in connection with the overseas absentee voting processes shall be
made available at no cost to the overseas absentee voter.
Sec. 12. Verification and Approval of Application to Vote. All applications shall be acted upon by the Commission
upon receipt thereof, but in no case later than one hundred fifty (150) days before the day of elections. In the event of
disapproval of the application, the voter or his authorized representative may file a Motion for Reconsideration with the
Commission personally, or by registered mail, within ten (10) days from receipt of the notice of disapproval. The
Commission shall act within five (5) days from receipt of such Motion for Reconsideration and shall immediately notify
the voter of its decision. The decision of the Commission shall be final and executory.
The Commission shall issue an overseas absentee voter identification card to those whose applications to vote have
been approved.
Sec. 13. Preparation and Posting of Certified List of Overseas Absentee Voters. The Commission shall prepare the
Certified List of Overseas Absentee Voters within one hundred twenty (120) days before every election, and furnish
within the same period copies thereof to the appropriate embassies, consulates and other foreign service
establishments, which shall post the same in their bulletin boards within ten (10) days from receipt thereof.
Subject to reasonable regulation and the payment of fees in such amounts as may be fixed by the Commission, the
candidates, political parties, accredited citizens arms, interested persons and all embassies, consulates and other
foreign service establishments shall be furnished copies thereof.
Page 19 of 30

Sec. 14. Printing and Transmittal of Ballots, Voting Instructions, Election Forms and Paraphernalia.
14.1. The Commission shall cause the printing of ballots for overseas absentee voters, voting instructions, and
election forms in such number as may be necessary, but in no case shall it exceed the total number of approved
applications. Security markings shall be used in the printing of ballots for overseas absentee voters.
14.2. The Commission shall present to the authorized representatives of the Department of Foreign Affairs and the
accredited major political parties the ballots for overseas absentee voters, voting instructions, election forms and
other election paraphernalia for scrutiny and inspection prior to their transmittal to the embassies, consulates and
other foreign service establishments concerned.
14.3. The Commission shall, not later than seventy-five (75) days before the day of elections, transmit by special
pouch to the embassies, consulates and other foreign service establishments, the exact number of ballots for
overseas absentee voters corresponding to the number of approved applications, along with such materials and
election paraphernalia necessary to ensure the secrecy and integrity of the election.
14.4. The authorized representatives of accredited major political parties shall have the right to be present in all
phases of printing, transmittal, and casting of ballots abroad. Unclaimed ballots properly marked as such, shall
be cancelled and shipped to the Commission by the least costly method.
Sec. 15. Regulation on Campaigning Abroad. The use of campaign materials, as well as the limits on campaign
spending shall be governed by the laws and regulations applicable in the Philippines.
Sec. 16. Casting and Submission of Ballots.
16.1. Upon receipt by the designated officer of the embassy, consulate and other foreign service establishments of the
ballots for overseas absentee voters, voting instructions, election forms and other paraphernalia, he/she shall
make them available on the premises to the qualified overseas absentee voters in their respective jurisdictions
during the thirty (30) days before the day of elections when overseas absentee voters may cast their vote.
Immediately upon receiving it, the overseas absentee voter must fill-out his/her ballot personally, in secret,
without leaving the premises of the embassies, consulates and other foreign service establishments concerned.
16.2. The overseas absentee voter shall personally accomplish his/her ballot at the embassy, consulate or other
foreign service establishment that has jurisdiction over the country where he/she temporarily resides or at any
polling place designated and accredited by the Commission.
16.3. The overseas absentee voter shall cast his ballot, upon presentation of the absentee voter identification card
issued by the Commission, within thirty (30) days before the day of elections. In the case of seafarers, they shall
cast their ballots anytime within sixty (60) days before the day of elections as prescribed in the Implementing
Rules and Guidelines.
16.4. All accomplished ballots received shall be placed unopened inside sealed containers and kept in a secure place
designated by the Commission.
16.5. The embassies, consulates and other foreign service establishments concerned shall keep a complete record of
the ballots for overseas absentee voters, specifically indicating the number of ballots they actually received, and
in cases where voting by mail is allowed under Section 17 hereof, the names and addresses of the voters to
whom these ballots were sent, including proof of receipt thereof. In addition, the embassies, consulates and
other foreign service establishments shall submit a formal report to the Commission and the Joint Congressional
Oversight Committee created under this Act within thirty (30) days from the day of elections. Such report shall
contain data on the number of ballots cast and received by the offices, the number of invalid and unclaimed
ballots and other pertinent data.
16.6. The overseas absentee voter shall be instructed that his/her ballot shall not be counted if it is not inside the
special envelope furnished him/her when it is cast.
16.7. Ballots not claimed by the overseas absentee voters at the embassies, consulates and other foreign service
establishments, in case of personal voting, and ballots returned to the embassies, consulates and other foreign
service establishments concerned, in the case of voting by mail, shall be cancelled and shipped to the
Commission by the least costly method within six (6) months from the day of elections.
16.8. Only ballots cast, and mailed ballots received by the Philippine embassies, consulates and other foreign service
establishments concerned in accordance with Section 17 hereof before the close of voting on the day of
Page 20 of 30

elections shall be counted in accordance with Section 18 hereof. All envelopes containing the ballots received by
the embassies, consulates and other foreign service establishments after the prescribed period shall not be
opened, and shall be cancelled and shipped to the Commission by the least costly method within six (6) months
from the day of elections.
16.9. A Special Ballot Reception and Custody Group composed of three (3) members shall be constituted by the
Commission from among the staff of the embassies, consulates and other foreign service establishments
concerned, including their attached agencies, and citizens of the Philippines abroad, who will be deputized to
receive ballots and take custody of the same preparatory to their transmittal to the Special Boards of Election
Inspectors.
16.10. During this phase of the election process, the authorized representatives of the political parties, candidates, and
accredited citizens arms of the Commission shall be notified in writing thereof and shall have the right to witness
the proceedings.
16.11. The Commission shall study the use of electronic mail, Internet, or other secured networks in the casting of
votes, and submit a report thereon to the Joint Congressional Oversight Committee.
Sec. 17. Voting by Mail.
17.1. For the May, 2004 elections, the Commission shall authorize voting by mail in not more than three (3) countries,
subject to the approval of the Congressional Oversight Committee. Voting by mail may be allowed in countries
that satisfy the following conditions:
a. Where the mailing system is fairly well-developed and secure to prevent the occasion of fraud;
b. Where there exists a technically established identification system that would preclude multiple or proxy voting;
and,
c. Where the system of reception and custody of mailed ballots in the embassies, consulates and other foreign
service establishments concerned are adequate and well-secured.
Thereafter, voting by mail in any country shall be allowed only upon review and approval of the Joint
Congressional Oversight Committee.
17.2. The overseas absentee voters shall send his/her accomplished ballot to the corresponding embassy, consular or
other foreign service establishment that has jurisdiction over the country where he/she temporarily resides.
He/She shall be entitled to cast his/her ballot at any time upon his/her receipt thereof, provided that the same Is
received before the close of voting on the day of elections. The overseas absentee voter shall be instructed that
his/her ballot shall not be counted if not transmitted in the special envelope furnished him/her.
17.3. Only mailed ballots received by the Philippine embassy, consulate and other foreign service establishments
before the close of voting on the day of elections shall be counted in accordance with Section 18 hereof. All
envelopes containing the ballots received by the embassies, consulates and other foreign service establishments
after the prescribed period shall not be opened, and shall be cancelled and disposed of appropriately, with a
corresponding report thereon submitted to the Commission not later than thirty (30) days from the day of
elections.
Sec. 18. On-Site Counting and Canvassing.
18.1. The counting and canvassing of votes shall be conducted on site in the country where the votes were actually
cast. The opening of the specially-marked envelopes containing the ballots and the counting and canvassing of
votes shall be conducted within the premises of the embassies, consulates and other foreign service
establishments or in such other places as may be designated by the Commission pursuant to the Implementing
Rules and Regulations. The Commission shall ensure that the start of counting in all polling places abroad shall
be synchronized with the start of counting in the Philippines.
18.2. For these purposes, the Commission shall constitute as many Special Boards of Election Inspectors as may be
necessary to conduct and supervise the counting of votes as provided in Section 18.2 hereof. The Special Boards
of Election Inspectors to be constituted herein shall be composed of a Chairman and two (2) members, one (1) of
whom shall be designated as poll clerk. The ambassador or consul-general, or any career public officer posted
abroad designated by the Commission, as the case may be, shall act as the chairman; in the absence of other
government officers, the two (2) other members shall be citizens of the Philippines who are qualified to vote under
Page 21 of 30

this act and deputized by the Commission not later than sixty (60) days before the day of elections. All resolutions
of the Special Board of Election Inspectors on issues brought before it during the conduct of its proceedings shall
be valid only when they carry the approval of the chairman.
Immediately upon the completion of the counting, the Special Boards of Election Inspectors shall transmit via
facsimile and/or electronic mail the results to the Commission in Manila and the accredited major political parties.
18.3. Only ballots cast on, or received by the embassies, consulates and other foreign service establishments before
the close of voting on the day of elections shall be included in the counting of votes. Those received afterwards
shall not be counted.
18.4. A Special Board of Canvassers composed of a lawyer preferably of the Commission as chairman, a senior career
officer from any of the government agencies maintaining a post abroad and, in the absence of another
government officer, a citizen of the Philippines qualified to vote under this Act deputized by the Commission, as
vice-chairman and member-secretary, respectively, shall be constituted to canvass the election returns submitted
to it by the Special Boards of Election Inspectors. Immediately upon the completion of the canvass, the chairman
of the Special Board of Canvassers shall transmit via facsimile, electronic mail, or any other means of
transmission equally safe and reliable the Certificates of Canvass and the Statements of Votes to the
Commission, and shall cause to preserve the same immediately after the conclusion of the canvass, and make it
available upon instructions of the Commission. The Special Board of Canvassers shall also furnish the accredited
major political parties and accredited citizens arms with copies thereof via facsimile, electronic mail and any other
means of transmission equally safe, secure and reliable.
The Certificates of Canvass and the accompanying Statements of Votes as transmitted via facsimile, electronic
mail and any other means of transmission equally safe, secure and reliable shall be the primary basis for the
national canvass.
18.5. The canvass of votes shall not cause the delay of the proclamation of a winning candidate if the outcome of the
election will not be affected by the results thereof. Notwithstanding the foregoing, the Commission is empowered
to order the proclamation of winning candidates despite the fact that the scheduled election has not taken place in
a particular country or countries, if the holding of elections therein has been rendered impossible by events,
factors and circumstances peculiar to such country or countries, and which events, factors and circumstances are
beyond the control or influence of the Commission.
18.6. In the preparation of the final tally of votes on the results of the national elections, the Commission shall ensure
that the votes canvassed by each and every country shall be reflected as a separate item from the tally of national
votes. For purposes of this Act, the returns of every election for president and vice-president prepared by the
Special Board of Canvassers shall be deemed a certificate of canvass of a city or province.
18.7. Where feasible, the counting and canvassing of votes shall be automated. Towards this end, the Commission is
hereby authorized to borrow, rent, lease or acquire automated voting machines for purposes of canvassing and
counting of votes pursuant to the provisions of this Act, and in accordance with the Implementing Rules and
Regulations promulgated by the Commission.
Sec. 19. Authority of the Commission to Promulgate Rules. The Commission shall issue the necessary rules and
regulations to effectively implement the provisions of this Act within sixty (60) days from the effectivity of this Act. The
Implementing Rules and Regulations shall be submitted to the Joint Congressional Oversight Committee created by
virtue of this Act for prior approval.
In the formulation of the rules and regulations, the Commission shall coordinate with the Department of Foreign Affairs,
Department of Labor and Employment, Philippine Overseas and Employment Administration, Overseas Workers
Welfare Administration and the Commission on Filipinos Overseas. Non-government organizations and accredited
Filipino organizations or associations abroad shall be consulted.
Sec. 20. Information Campaign. The Commission, in coordination with agencies concerned, shall undertake an
information campaign to educate the public on the manner of absentee voting for qualified overseas absentee voters. It
may require the support and assistance of the Department of Foreign Affairs, through the embassies, consulates and
other foreign service establishments, Department of Labor and employment, Department of Transportation and
Communications, Philippine Postal Corporation, Philippine Overseas Employment Administration, Overseas Workers
Welfare Administration and the Commission on Filipinos Overseas. The Commission may deputize Filipino
organizations/associations overseas for the same purpose: Provided, That any such deputized
Page 22 of 30

organization/association shall be prohibited from participating in the elections by campaigning for or fielding
candidates; Provided, further, That if any such deputized organization/association is discovered to have a member who
is not a qualified overseas absentee voter as herein defined, such deputized organization/association shall be banned
from participating in any manner, and at any stage, in the Philippine political process abroad.
Such information campaign shall educate the Filipino public, within and outside the Philippines, on the rights of
overseas absentee voters, absentee voting processes and other related concerns. Information materials shall be
developed by the Commission for distribution, through the said government agencies and private organizations. No
government agency or accredited private organizations shall prepare, print, distribute or post in websites any
information material without the prior approval of the Commission.
Sec. 21. Access to Official Records and Documents. Subject to the pertinent provisions of this Act, any person shall
have the right to access and/or copy at his expense all registration records, voters lists and other official records and
documents, subject to reasonable regulations as may be imposed by the Commission.
Sec. 22. Assistance from Government Agencies. All government officers, particularly from the Department of Foreign
Affairs, Department of Labor and Employment, Department of Transportation and Communications, Philippine Postal
Corporation, Philippine Overseas Employment Administration, Overseas Workers Welfare Administration, Commission
on Filipinos Overseas and other government offices concerned with the welfare of the Filipinos overseas shall, to the
extent compatible with their primary responsibilities, assist the Commission in carrying out the provisions of this Act. All
such agencies or officers thereof shall take reasonable measures to expedite all election activities, which the
Commission shall require of them. When necessary, the Commission may send supervisory teams headed by career
officers to assist the embassies, consulates and other foreign service establishment concerned.
Sec. 23. Security Measures to Safeguard the Secrecy and Sanctity of Ballots. At all stages of the electoral process,
the Commission shall ensure that the secrecy and integrity of the ballots are preserved. The Committee on Absentee
Voting of the Commission shall be responsible for ensuring the secrecy and sanctity of the absentee voting process. In
the interest of transparency, all necessary and practicable measures shall be adopted to allow representation of the
candidates, accredited major political parties, accredited citizens arms and non-government organizations to assist,
and intervene in appropriate cases, in all stages of the electoral exercise and to prevent any and all forms of fraud and
coercion.
No officer or member of the foreign service corps, including those belonging to attached agencies shall be transferred,
promoted, extended, recalled or otherwise moved from his current post or position one (1) year before and three (3)
months after the day of elections, except upon the approval of the Commission.
Sec. 24. Prohibited Acts. In addition to the prohibited acts provided by law, it shall be unlawful:
24.1. For any officer or employee of the Philippine government to influence or attempt to influence any person covered
by this Act to vote, or not to vote, for a particular candidate. Nothing in this Act shall be deemed to prohibit free
discussion regarding politics or candidates for public office.
24.2. For any person to deprive any person of any right secured in this Act, or to give false information as to his/her
name, address, or period of residence for the purposes of establishing his/her eligibility or ineligibility to register or
vote under this Act; or to conspire with another person for the purpose of encouraging the giving of false
information in order to establish the eligibility or ineligibility of any individual to register or vote under this Act; or, to
pay, or offer to pay, or to accept payment either for application to vote in absentia or for voting;
24.3. For any person to tamper with the ballot, the mail containing the ballots for overseas absentee voters, the
election returns, including the destruction, mutilation and manipulation thereof;
24.4. For any person to steal, destroy, conceal, mutilate or alter any record, document or paper as required for
purposes of this Act;
24.5. For any deputized agent to refuse without justifiable ground, to serve or continue serving, or to comply with
his/her sworn duties after acceptance of his/her appointment;
24.6. For any public officer or employee who shall cause the preparation, printing, distribution of information material,
or post the same in websites without the prior approval of the Commission;
24.7. For any public officer or employee to cause the transfer, promotion, extension, recall of any member of the
foreign service corps, including members of the attached agencies, or otherwise cause the movement of any such
Page 23 of 30

member from his current post or position one (1) year before and three (3) months after the day of elections,
without securing the prior approval of the Commission;
24.8. For any person who, after being deputized by the Commission to undertake activities in connection with the
implementation of this Act, shall campaign for or assist, in whatever manner, candidates in the elections;
24.9. For any person who is not a citizen of the Philippines to participate, by word or deed, directly or indirectly through
qualified organizations/associations, in any manner and at any stage of the Philippine political process abroad,
including participation in the campaign and elections.
The provision of existing laws to the contrary notwithstanding, and with due regard to the Principle of Double
Criminality, the prohibited acts described in this section are electoral offenses and punishable in the Philippines.
The penalties imposed under Section 264 of the Omnibus Election Code, as amended, shall be imposed on any
person found guilty of committing any of the prohibited acts as defined in this section: Provided, That the penalty of
prision mayor in its minimum period shall be imposed upon any person found guilty of Section 24.3 hereof without the
benefit of the operation of the Indeterminate Sentence Law. If the offender is a public officer or a candidate, the penalty
shall be prision mayor in its maximum period. In addition, the offender shall be sentenced to suffer perpetual
disqualification to hold public office and deprivation of the right to vote.
Immigrants and permanent residents who do not resume residence in the Philippines as stipulated in their affidavit
under Section 5(d) within three (3) years after approval of his/her registration under this Act and yet vote in the next
elections contrary to the said section, shall be penalized by imprisonment of not less than one (1) year, and shall be
deemed disqualified as provided in Section 5(c) of this Act. His/her passport shall be stamped "not allowed to vote".
Sec. 25. Joint Congressional Oversight Committee. A Joint Congressional Oversight Committee is hereby created,
composed of the Chairman of the Senate Committee on Constitutional Amendments, Revision of Codes and Laws,
and seven (7) other Senators designated by the Senate President, and the Chairman of the House Committee on
Suffrage and Electoral Reforms, and seven (7) other Members of the House of Representatives designated by the
Speaker of the House of Representatives: Provided, That, of the seven (7) members to be designated by each House
of Congress, four (4) should come from the majority and the remaining three (3) from the minority.
The Joint Congressional Oversight Committee shall have the power to monitor and evaluate the implementation of this
Act. It shall review, revise, amend and approve the Implementing Rules and Regulations promulgated by the
Commission.
Sec. 26. Applicability of Other Election Laws. The pertinent provisions of the Omnibus Election Code, as amended,
and other election laws, which are not in conflict with the provisions of this Act shall remain in full force and shall have
suppletory application to this Act.
Sec. 27. Enforcement and Administration by the Commission. The Commission shall, for the purpose of ensuring
honest, orderly, peaceful and free elections abroad, have exclusive charge of the enforcement, administration and
implementation of this Act.
Sec. 28. Mandatory Review. Congress shall complete a mandatory review of this Act within two (2) years following
the May, 2004 elections for the purpose of amending it to expand or restrict its coverage, scope and application, as
well as improve its procedures and institute measures and safeguards, taking into account the experience of the
previous election, technological advances and structural political changes.
Sec. 29. Appropriations.
Sec. 30. Separability Clause.
Sec. 31. Repealing Clause.
Sec. 32. Effectivity.

i) Macalintal vs. Comelec, July 10, 2003


Page 24 of 30

c) Rules on Domicile
i) Romualdez Marcos vs. Comelec, 248 SCRA 300


ii) Aquino vs. Comelec, 248 SCRA 400


iii) Romualdez vs. RTC of Tacloban, 226 SCRA 408


11) Renvoi Literally Means Referring Back
a) Aznar vs. Garcia, 7 SCRA 95



12) Double Renvoi
a) Testate Estate of Amos Bellis vs. Edward Bellis, 20 SCRA 358


13) Domestic Adoption Act of 1998 RA 8552
AN ACT ESTABLISHING THE RULES AND POLICIES ON THE DOMESTIC ADOPTION OF
FILIPINO CHILDREN AND FOR OTHER PURPOSES
ARTICLE I
GENERAL PROVISIONS
Section 1. Short Title. This Act shall be known as the "Domestic Adoption Act of 1998."
Section 2. Declaration of Policies.
(a) It is hereby declared the policy of the State to ensure that every child remains under the care and custody of his/her
parent(s) and be provided with love, care, understanding and security towards the full and harmonious development of
his/her personality. Only when such efforts prove insufficient and no appropriate placement or adoption within the
child's extended family is available shall adoption by an unrelated person be considered.
(b) In all matters relating to the care, custody and adoption of a child, his/her interest shall be the paramount consideration
in accordance with the tenets set forth in the United Nations (UN) Convention on the Rights of the Child; UN
Declaration on Social and Legal Principles Relating to the Protection and Welfare of Children with Special Reference to
Foster Placement and Adoption, Nationally and Internationally; and the Hague Convention on the Protection of
Children and Cooperation in Respect of Intercountry Adoption. Toward this end, the State shall provide alternative
protection and assistance through foster care or adoption for every child who is neglected, orphaned, or abandoned.
(c) It shall also be a State policy to:
(i) Safeguard the biological parent(s) from making hurried decisions to relinquish his/her parental authority over
his/her child;
Page 25 of 30

(ii) Prevent the child from unnecessary separation from his/her biological parent(s);
(iii) Protect adoptive parent(s) from attempts to disturb his/her parental authority and custody over his/her adopted
child.
Any voluntary or involuntary termination of parental authority shall be administratively or judicially declared so as
to establish the status of the child as "legally available for adoption" and his/her custody transferred to the
Department of Social Welfare and Development or to any duly licensed and accredited child-placing or child-
caring agency, which entity shall be authorized to take steps for the permanent placement of the child;
(iv) Conduct public information and educational campaigns to promote a positive environment for adoption;
(v) Ensure that sufficient capacity exists within government and private sector agencies to handle adoption inquiries,
process domestic adoption applications, and offer adoption-related services including, but not limited to, parent
preparation and post-adoption education and counseling; and
(vi) Encourage domestic adoption so as to preserve the child's identity and culture in his/her native land, and only
when this is not available shall intercountry adoption be considered as a last resort.
Section 3. Definition of Terms. For purposes of this Act, the following terms shall be defined as:
(a) "Child" is a person below eighteen (18) years of age.
(b) "A child legally available for adoption" refers to a child who has been voluntarily or involuntarily committed to the
Department or to a duly licensed and accredited child-placing or child-caring agency, freed of the parental authority of
his/her biological parent(s) or guardian or adopter(s) in case of rescission of adoption.
(c) "Voluntarily committed child" is one whose parent(s) knowingly and willingly relinquishes parental authority to the
Department.
(d) "Involuntarily committed child" is one whose parent(s), known or unknown, has been permanently and judicially
deprived of parental authority due to abandonment; substantial, continuous, or repeated neglect; abuse; or
incompetence to discharge parental responsibilities.
(e) "Abandoned child" refers to one who has no proper parental care or guardianship or whose parent(s) has deserted
him/her for a period of at least six (6) continuous months and has been judicially declared as such.
(f) "Supervised trial custody" is a period of time within which a social worker oversees the adjustment and emotional
readiness of both adopter(s) and adoptee in stabilizing their filial relationship.
(g) "Department" refers to the Department of Social Welfare and Development.
(h) "Child-placing agency" is a duly licensed and accredited agency by the Department to provide comprehensive child
welfare services including, but not limited to, receiving applications for adoption, evaluating the prospective adoptive
parents, and preparing the adoption home study.
(i) "Child-caring agency" is a duly licensed and accredited agency by the Department that provides twenty four (24)-hour
residential care services for abandoned, orphaned, neglected, or voluntarily committed children.
(j) "Simulation of birth" is the tampering of the civil registry making it appear in the birth records that a certain child was
born to a person who is not his/her biological mother, causing such child to lose his/her true identity and status.
ARTICLE II
PRE-ADOPTION SERVICES
Section 4. Counseling Service. The Department shall provide the services of licensed social workers to the following:
(a) Biological Parent(s) Counseling shall be provided to the parent(s) before and after the birth of his/her child. No
binding commitment to an adoption plan shall be permitted before the birth of his/her child. A period of six (6) months
shall be allowed for the biological parent(s) to reconsider any decision to relinquish his/her child for adoption before the
decision becomes irrevocable. Counseling and rehabilitation services shall also be offered to the biological parent(s)
after he/she has relinquished his/her child for adoption.
Steps shall be taken by the Department to ensure that no hurried decisions are made and all alternatives for the child's
future and the implications of each alternative have been provided.
Page 26 of 30

(b) Prospective Adoptive Parent(s) Counseling sessions, adoption fora and seminars, among others, shall be provided to
prospective adoptive parent(s) to resolve possible adoption issues and to prepare him/her for effective parenting.
(c) Prospective Adoptee Counseling sessions shall be provided to ensure that he/she understands the nature and
effects of adoption and is able to express his/her views on adoption in accordance with his/her age and level of
maturity.
Section 5. Location of Unknown Parent(s). It shall be the duty of the Department or the child-placing or child-caring
agency which has custody of the child to exert all efforts to locate his/her unknown biological parent(s). If such efforts fail,
the child shall be registered as a foundling and subsequently be the subject of legal proceedings where he/she shall be
declared abandoned.
Section 6. Support Services. The Department shall develop a pre-adoption program which shall include, among others,
the above mentioned services.
ARTICLE III
ELIGIBILITY
Section 7. Who May Adopt. The following may adopt:
(a) Any Filipino citizen of legal age, in possession of full civil capacity and legal rights, of good moral
character, has not been convicted of any crime involving moral turpitude, emotionally and
psychologically capable of caring for children, at least sixteen (16) years older than the adoptee, and
who is in a position to support and care for his/her children in keeping with the means of the family. The
requirement of sixteen (16) year difference between the age of the adopter and adoptee may be waived
when the adopter is the biological parent of the adoptee, or is the spouse of the adoptee's parent;
(b) Any alien possessing the same qualifications as above stated for Filipino nationals: Provided, That
his/her country has diplomatic relations with the Republic of the Philippines, that he/she has been living
in the Philippines for at least three (3) continuous years prior to the filing of the application for adoption
and maintains such residence until the adoption decree is entered, that he/she has been certified by
his/her diplomatic or consular office or any appropriate government agency that he/she has the legal
capacity to adopt in his/her country, and that his/her government allows the adoptee to enter his/her
country as his/her adopted son/daughter: Provided, Further, That the requirements on residency and
certification of the alien's qualification to adopt in his/her country may be waived for the following:
(i) a former Filipino citizen who seeks to adopt a relative within the fourth (4th) degree of
consanguinity or affinity; or
(ii) one who seeks to adopt the legitimate son/daughter of his/her Filipino spouse; or
(iii) one who is married to a Filipino citizen and seeks to adopt jointly with his/her spouse a
relative within the fourth (4th) degree of consanguinity or affinity of the Filipino spouse; or
(c) The guardian with respect to the ward after the termination of the guardianship and clearance of
his/her financial accountabilities.
Husband and wife shall jointly adopt, except in the following cases:
(i) if one spouse seeks to adopt the legitimate son/daughter of the other; or
(ii) if one spouse seeks to adopt his/her own illegitimate son/daughter: Provided, However, that the other
spouse has signified his/her consent thereto; or
(iii) if the spouses are legally separated from each other.
In case husband and wife jointly adopt, or one spouse adopts the illegitimate son/daughter of the other, joint parental
authority shall be exercised by the spouses.
Section 8. Who May Be Adopted. The following may be adopted:
(a) Any person below eighteen (18) years of age who has been administratively or judicially declared
available for adoption;
(b) The legitimate son/daughter of one spouse by the other spouse;
Page 27 of 30

(c) An illegitimate son/daughter by a qualified adopter to improve his/her status to that of legitimacy;
(d) A person of legal age if, prior to the adoption, said person has been consistently considered and
treated by the adopter(s) as his/her own child since minority;
(e) A child whose adoption has been previously rescinded; or
(f) A child whose biological or adoptive parent(s) has died: Provided, That no proceedings shall be
initiated within six (6) months from the time of death of said parent(s).
Section 9. Whose Consent is Necessary to the Adoption. After being properly counseled and informed of his/her right
to give or withhold his/her approval of the adoption, the written consent of the following to the adoption is hereby required:
(a) The adoptee, if ten (10) years of age or over;
(b) The biological parent(s) of the child, if known, or the legal guardian, or the proper government
instrumentality which has legal custody of the child;
(c) The legitimate and adopted sons/daughters, ten (10) years of age or over, of the adopter(s) and
adoptee, if any;
(d) The illegitimate sons/daughters, ten (10) years of age or over, of the adopter if living with said
adopter and the latter's spouse, if any; and
(e) The spouse, if any, of the person adopting or to be adopted.
ARTICLE IV
PROCEDURE
Section 10. Hurried Decisions. In all proceedings for adoption, the court shall require proof that the biological parent(s)
has been properly counseled to prevent him/her from making hurried decisions caused by strain or anxiety to give up the
child, and to sustain that all measures to strengthen the family have been exhausted and that any prolonged stay of the
child in his/her own home will be inimical to his/her welfare and interest.
Section 11. Case Study. No petition for adoption shall be set for hearing unless a licensed social worker of the
Department, the social service office of the local government unit, or any child-placing or child-caring agency has made a
case study of the adoptee, his/her biological parent(s), as well as the adopter(s), and has submitted the report and
recommendations on the matter to the court hearing such petition.
At the time of preparation of the adoptee's case study, the concerned social worker shall confirm with the Civil Registry the
real identity and registered name of the adoptee. If the birth of the adoptee was not registered with the Civil Registry, it shall
be the responsibility of the concerned social worker to ensure that the adoptee is registered.
The case study on the adoptee shall establish that he/she is legally available for adoption and that the documents to
support this fact are valid and authentic. Further, the case study of the adopter(s) shall ascertain his/her genuine intentions
and that the adoption is in the best interest of the child.
The Department shall intervene on behalf of the adoptee if it finds, after the conduct of the case studies, that the petition
should be denied. The case studies and other relevant documents and records pertaining to the adoptee and the adoption
shall be preserved by the Department.
Section 12. Supervised Trial Custody. No petition for adoption shall be finally granted until the adopter(s) has been
given by the court a supervised trial custody period for at least six (6) months within which the parties are expected to adjust
psychologically and emotionally to each other and establish a bonding relationship. During said period, temporary parental
authority shall be vested in the adopter(s).
The court may motu proprio or upon motion of any party reduce the trial period if it finds the same to be in the best interest
of the adoptee, stating the reasons for the reduction of the period. However, for alien adopter(s), he/she must complete the
six (6)-month trial custody except for those enumerated in Sec. 7 (b) (i) (ii) (iii).
If the child is below seven (7) years of age and is placed with the prospective adopter(s) through a pre-adoption placement
authority issued by the Department, the prospective adopter(s) shall enjoy all the benefits to which biological parent(s) is
entitled from the date the adoptee is placed with the prospective adopter(s).
Page 28 of 30

Section 13. Decree of Adoption. If, after the publication of the order of hearing has been complied with, and no
opposition has been interposed to the petition, and after consideration of the case studies, the qualifications of the
adopter(s), trial custody report and the evidence submitted, the court is convinced that the petitioners are qualified to adopt,
and that the adoption would redound to the best interest of the adoptee, a decree of adoption shall be entered which shall
be effective as of the date the original petition was filed. This provision shall also apply in case the petitioner(s) dies before
the issuance of the decree of adoption to protect the interest of the adoptee. The decree shall state the name by which the
child is to be known.
Section 14. Civil Registry Record. An amended certificate of birth shall be issued by the Civil Registry, as required by
the Rules of Court, attesting to the fact that the adoptee is the child of the adopter(s) by being registered with his/her
surname. The original certificate of birth shall be stamped "cancelled" with the annotation of the issuance of an amended
birth certificate in its place and shall be sealed in the civil registry records. The new birth certificate to be issued to the
adoptee shall not bear any notation that it is an amended issue.
Section 15. Confidential Nature of Proceedings and Records. All hearings in adoption cases shall be confidential and
shall not be open to the public. All records, books, and papers relating to the adoption cases in the files of the court, the
Department, or any other agency or institution participating in the adoption proceedings shall be kept strictly confidential.
If the court finds that the disclosure of the information to a third person is necessary for purposes connected with or arising
out of the adoption and will be for the best interest of the adoptee, the court may merit the necessary information to be
released, restricting the purposes for which it may be used.
ARTICLE V
EFFECTS OF ADOPTION
Section 16. Parental Authority. Except in cases where the biological parent is the spouse of the adopter, all legal ties
between the biological parent(s) and the adoptee shall be severed and the same shall then be vested on the adopter(s).
Section 17. Legitimacy. The adoptee shall be considered the legitimate son/daughter of the adopter(s) for all intents and
purposes and as such is entitled to all the rights and obligations provided by law to legitimate sons/daughters born to them
without discrimination of any kind. To this end, the adoptee is entitled to love, guidance, and support in keeping with the
means of the family.
Section 18. Succession. In legal and intestate succession, the adopter(s) and the adoptee shall have reciprocal rights of
succession without distinction from legitimate filiation. However, if the adoptee and his/her biological parent(s) had left a will,
the law on testamentary succession shall govern.
ARTICLE VI
RESCISSION OF ADOPTION
Section 19. Grounds for Rescission of Adoption. Upon petition of the adoptee, with the assistance of the Department if
a minor or if over eighteen (18) years of age but is incapacitated, as guardian/counsel, the adoption may be rescinded on
any of the following grounds committed by the adopter(s): (a) repeated physical and verbal maltreatment by the adopter(s)
despite having undergone counseling; (b) attempt on the life of the adoptee; (c) sexual assault or violence; or (d)
abandonment and failure to comply with parental obligations.
Adoption, being in the best interest of the child, shall not be subject to rescission by the adopter(s). However, the adopter(s)
may disinherit the adoptee for causes provided in Article 919 of the Civil Code.
Section 20. Effects of Rescission. If the petition is granted, the parental authority of the adoptee's biological parent(s), if
known, or the legal custody of the Department shall be restored if the adoptee is still a minor or incapacitated. The
reciprocal rights and obligations of the adopter(s) and the adoptee to each other shall be extinguished.
The court shall order the Civil Registrar to cancel the amended certificate of birth of the adoptee and restore his/her original
birth certificate.
Succession rights shall revert to its status prior to adoption, but only as of the date of judgment of judicial rescission. Vested
rights acquired prior to judicial rescission shall be respected.
All the foregoing effects of rescission of adoption shall be without prejudice to the penalties imposable under the Penal
Code if the criminal acts are properly proven.
Page 29 of 30

ARTICLE VII
VIOLATIONS AND PENALTIES
Section 21. Violations and Penalties. (a) The penalty of imprisonment ranging from six (6) years and one (1) day to
twelve (12) years and/or a fine not less than Fifty thousand pesos (P50,000.00), but not more than Two hundred thousand
pesos (P200,000.00) at the discretion of the court shall be imposed on any person who shall commit any of the following
acts:
(i) obtaining consent for an adoption through coercion, undue influence, fraud, improper material inducement, or other
similar acts;
(ii) non-compliance with the procedures and safeguards provided by the law for adoption; or
(iii) subjecting or exposing the child to be adopted to danger, abuse, or exploitation.
(b) Any person who shall cause the fictitious registration of the birth of a child under the name(s) of a person(s) who is not
his/her biological parent(s) shall be guilty of simulation of birth, and shall be punished by prision mayor in its medium period
and a fine not exceeding Fifty thousand pesos (P50,000.00).
Any physician or nurse or hospital personnel who, in violation of his/her oath of office, shall cooperate in the execution of the
abovementioned crime shall suffer the penalties herein prescribed and also the penalty of permanent disqualification.
Any person who shall violate established regulations relating to the confidentiality and integrity of records, documents, and
communications of adoption applications, cases, and processes shall suffer the penalty of imprisonment ranging from one
(1) year and one (1) day to two (2) years, and/or a fine of not less than Five thousand pesos (P5,000.00) but not more than
Ten thousand pesos (P10,000.00), at the discretion of the court.
A penalty lower by two (2) degrees than that prescribed for the consummated offense under this Article shall be imposed
upon the principals of the attempt to commit any of the acts herein enumerated. Acts punishable under this Article, when
committed by a syndicate or where it involves two (2) or more children shall be considered as an offense constituting child
trafficking and shall merit the penalty of reclusion perpetua.
Acts punishable under this Article are deemed committed by a syndicate if carried out by a group of three (3) or more
persons conspiring and/or confederating with one another in carrying out any of the unlawful acts defined under this Article.
Penalties as are herein provided, shall be in addition to any other penalties which may be imposed for the same acts
punishable under other laws, ordinances, executive orders, and proclamations.
When the offender is an alien, he/she shall be deported immediately after service of sentence and perpetually excluded
from entry to the country.
Any government official, employee or functionary who shall be found guilty of violating any of the provisions of this Act, or
who shall conspire with private individuals shall, in addition to the above-prescribed penalties, be penalized in accordance
with existing civil service laws, rules and regulations: Provided, That upon the filing of a case, either administrative or
criminal, said government official, employee, or functionary concerned shall automatically suffer suspension until the
resolution of the case.
Section 22. Rectification of Simulated Births. A person who has, prior to the effectivity of this Act, simulated the birth of
a child shall not be punished for such act: Provided, That the simulation of birth was made for the best interest of the child
and that he/she has been consistently considered and treated by that person as his/her own son/daughter: Provided,
further, That the application for correction of the birth registration and petition for adoption shall be filed within five (5) years
from the effectivity of this Act and completed thereafter: Provided, finally, That such person complies with the procedure as
specified in Article IV of this Act and other requirements as determined by the Department.
ARTICLE VIII
FINAL PROVISIONS
Section 23. Adoption Resource and Referral Office. There shall be established an Adoption Resources and Referral
Office under the Department with the following functions: (a) monitor the existence, number, and flow of children legally
available for adoption and prospective adopter(s) so as to facilitate their matching; (b) maintain a nationwide information and
educational campaign on domestic adoption; (c) keep records of adoption proceedings; (d) generate resources to help child-
caring and child-placing agencies and foster homes maintain viability; and (e) do policy research in collaboration with the
Intercountry Adoption Board and other concerned agencies. The office shall be manned by adoption experts from the public
and private sectors.
Page 30 of 30

Section 24. Implementing Rules and Regulations. Within six (6) months from the promulgation of this Act, the
Department, with the Council for the Welfare of Children, the Office of Civil Registry General, the Department of Justice,
Office of the Solicitor General, and two (2) private individuals representing child-placing and child-caring agencies shall
formulate the necessary guidelines to make the provisions of this Act operative.
Section 25. Appropriations.
Section 26. Repealing Clause.
Section 27. Separability Clause.
Section 28. Effectivity Clause.


14) Inter-country Adoption Law, RA 8043


15) Annulment, Declaration of Nullity of Marriage
a) Zamora vs. CA, GR No. 141917, February 7, 2007


b) Santos vs. CA, 310 Phil 21, January 4, 1995


c) Republic vs. CA and Molina, GR No. 108763, February 13, 1997


d) Garcia-Recio vs. Recio, GR No. 138322, October 2, 2001


e) Perez vs. CA, GR No. 162580, January 27, 2006