Case Summary (G.R. No. 666)
Treaty of Paris and Nationality Status
The case primarily interprets Article IX of the Treaty of Paris, which discusses the nationality rights of the individuals affected by the cession of the Philippines. Upon the treaty's ratification on April 11, 1899, individuals in the Philippines faced a choice: to either retain their Spanish nationality or submit to the new sovereign, the United States. The period for making this election lasted eighteen months, during which individuals could express their intention to retain Spanish nationality or risk becoming subjects of the United States.
Petitioner’s Absence and Implications
J. Garcia Bosque’s absence from the Philippines, starting from May 30, 1899, and his return in January 1901, signifies his election to retain his Spanish nationality, as he did not make an express declaration to the contrary within the stipulated eighteen-month period. Consequently, he did not lose his Spanish nationality, contrary to what might be presumed due to residence or absence.
Loss of Spanish Nationality and Sovereignty Implications
The court asserts that the failure to make a declaration of intent to retain Spanish nationality does not equate to an automatic change of nationality when the individual has not resided in the territory. Bosque's absence from the Philippines is critical, as the change of nationality under the treaty requires both continued residence and failure to declare an intention to retain nationality. As he fulfilled neither requirement, he remained a Spanish subject.
Legal Capacity of Foreign Nationals
The case examines whether Spanish subjects could be considered as having an intermediate status between native residents and other foreign nationals. The court finds no evidence that Spanish subjects, in this case, were afforded privileged conditions for practicing law as stipulated for native inhabitants or foreigners. The applicable laws prior to and post the treaty prohibit any foreigner, including Spanish subjects, from practicing law unless they fulfill specific legal qualifications, which Bosque did not meet.
Conclusion on Admission to the Bar
Given that J. Garcia Bosque did not fulfill the
...continue readingCase Syllabus (G.R. No. 666)
Background of the Case
- The case revolves around J. Garcia Bosque's petition for admission to the practice of law in the Philippine Islands.
- The context of the case is rooted in the treaty of Paris dated December 10, 1898, which led to the cession of the Philippine Archipelago from Spain to the United States.
- Following the cession, subjects of the ceding power (Spain) were subjected to the sovereignty of the new power (the United States).
Legal Framework and Nationality Status
- Article 9 of the treaty established a special agreement allowing subjects of Spain to either leave the country or remain, with the condition that failure to declare the intention to retain Spanish nationality within eighteen months would result in the loss of that nationality.
- The eighteen-month period began on April 11, 1899, and ended on October 11, 1900.
- J. Garcia Bosque absented himself from the Philippines on May 30, 1899, and did not return until January 1901, indicating his choice to exercise his right to leave.
Analysis of Petitioner’s Nationality
- Bosque's absence from the Philippines during the critical eighteen-month period suggests he intended to retain his Spanish nationality by not fulfilling the conditions that would have led to a change in his national status.
- The court maintained that without a declaratio