Question

Emily and Mark got married in the Philippines and have since lived together in Manila. However, due to work opportunities, they decided to temporarily relocate to Cebu City. They leased a house and started living there with their two children. Emily's parents, on the other hand, continued to reside in their ancestral home in Batangas.

After a year, Emily received a job offer in Australia and considered moving there with their children to pursue better career prospects. Mark, however, strongly opposes the idea, claiming that the children's best interests would be better served by remaining in the Philippines where they have their extended family and support system.

In light of the given scenario, determine the following:

1. What constitutes domicile under the Civil Code of the Philippines? Discuss the elements required to establish domicile in the Philippines. (4 marks)
2. Can Emily and Mark establish a different residence from their domicile in Manila while they are residing in Cebu City? Explain the concept of residence and its distinction from domicile. (4 marks)