G.R. No. 666 - IN RE: Bosque

The Philippine Archipelago was ceded by Spain to the United States under the Treaty of Paris of December 10, 1898.
Article 9 of the treaty granted residents of the ceded territories an option: to leave and retain their Spanish nationality or to remain and, by omission, eventually adopt the new territorial nationality.
The option period was defined to run for eighteen months from the exchange of ratifications (i.e., from April 11, 1899, to October 11, 1900).

The petitioner, J. Garcia Bosque, departed the Islands on May 30, 1899, thereby commencing his absence during the critical period.
He remained absent for the entire option period and returned only in January 1901, well after the expiration of the eighteen-month period.

By leaving the Islands during the designated period, the petitioner effectively elected the first available option, thus avoiding an express declaration to retain his Spanish nationality while residing in the territory.
The crucial conditions for a presumptive change of nationality—continuous residence in the ceded territory coupled with a failure to declare an intention to remain Spanish—were not fulfilled by the petitioner.
Consequently, he continued to be recognized as a Spanish subject rather than having automatically acquired the status of a native Filipino subject.

The legal framework in effect (including the Law of Foreigners for the Ultramarine Provinces and provisions of the Civil Code) imposed restrictions on the practice of law, requiring a diploma of proficiency granted by Spanish authorities for law practice.
Spanish subjects in the ceded territories, treated on par with other foreign residents, were not accorded the same rights as native-born Filipino subjects with respect to practicing law.
Although the petitioner had become a member of the bar in Barcelona upon his arrival there, this fact did not affect his qualification to practice law in the Philippine Islands under the relevant laws.

Whether the petitioner’s absence from the Islands and his failure to make an express declaration to preserve Spanish nationality during the designated eighteen-month period resulted in a presumptive change of nationality.
Whether non-residence during the critical period precludes the operation of the presumption that would have otherwise altered his national status.

Whether Spanish subjects residing or merely having ties to the ceded territories, as distinct from native Filipino subjects, are entitled to practice law under the local legal regime.
Whether the petitioner, as a Spanish subject on an equal footing with other foreign residents, meets the statutory and constitutional qualifications for admission to the practice of law.

Whether the dates and conditions stipulated in the Treaty of Paris should be strictly applied in determining the petitioner's national status.
Whether local statutory provisions that restrict the practice of law for foreigners are applicable to Spanish subjects in the ceded territories.