Case No.2 (Case Analysis) Conflict of Law

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Conflict of Law

Transcript of Case No.2 (Case Analysis) Conflict of Law

INTRODUCTIONThe issue with respect to election protest against a candidate for the reason that the citizenship of the candidate running for Government office is questionable is not new to us. There are several cases and laws present to deal with the matter and serve as basis to answer our questions regarding the issue on citizenship of the candidates running for public office. The 1987 Constitution provides for the requirements in which a candidate must comply with in order to be qualified to run for public office. There are also special laws provided regarding the specific matters that would somehow deal with the intricate issues on the citizenship requirements. Our jurisprudence also provides for interpretations on the laws of our constitution and the special laws that is relevant on the matter and answers the questions regarding the cases involved in the present. One of the most interesting topics to tackle on the issue or on the matter of citizenship is about dual-citizenship. There are so many cases involving dual citizenship because it is somehow attributed to dual allegiance. There are already laws provided for in dealing with the issue of dual citizenship in relation to running for public office like R.A. 9225. Dual citizenship is a status whereby a person is concurrently regarded as a citizen of 2 countries. These matters are needed to be emphasized to get a clear view out of the issues we are dealing with in the case at bar. The citizenship requirement is a very important matter, thus, it must be dealt with great scrutiny especially when it involves a candidate or a person who is running for public office since it is one of the requisites making him/her eligible to such. Here, we are to identify how the issues of the problem regarding the citizenship of a certain candidate running for public office relate to the topic on conflict of laws in present case and what are the points to deal with and the factors to consider for the case are relevant to the conflict of laws. Matters like this may enlighten us on how to deal with the matters and what are the foreign elements involved that such would be considered covered under the coverage of conflict of laws. When a foreign element is present in a case we can determine whether or not such issue on citizenship falls under the coverage under the conflict of laws and the questions regarding the issue on jurisdiction may set-in in the case at hand. One of the specific points of contact is the determination of the nationality which is a relevant matter in the case since it tackles and stresses the issue on citizenship requirement of a candidate to run or public office. This might be a factor to consider whether such candidate has all the qualification and none of the disqualifications to run for public office, thus the matters involving the issue on whether or not there is a conflict of law in the case at hand cannot be dispensed with. ii. Analysis of the case or narration of facts iii. Legal discussion, submission and arguments iv. conclusion