Conflicts Sempio Diy Book Reviewer

Conflict of Laws Comprehensive reviewer of Sempio-Diy book
Chapter 1
In General
Conflict of Laws
That part of the municipal law of a state which directs its
courts and administrative agencies, when confronted with a
legal problem involving a foreign element, whether or not
they should apply a foreign law or foreign laws
Conflict of laws case
Any case which involves facts occurring in more than one
state or nation, so that in deciding the case, it is necessary
to make a choice between the laws of different states or
countries
Note Conflict of laws is !"T part of international law#
Although it is sometimes thought of as part of international
law because of the presence of a foreign element in a given
problem, it is not international law in character but is part of
the municipal law of each state# $y municipal law in Conflict
of Laws is meant the internal or local law of each state#
Conflict of laws vs. public international law
Public
International
Law
Conflict of laws
As to persons
involved
%overns
sovereign states
and entities that
are internationally
recogni&ed or
possessed of
international
personality
%overns private
individuals or
corporations
As to nature 'nternational in
character
(unicipal in
character
As to
transactions
involved
Applies only to
transactions in
which only
sovereign states
or entities with
international
personality are
concerned and
which generally
affect public
interest
Deals with
transactions
strictly private in
nature in which
the country as
such has
generally no
interest
As to remedies
applied
The concerned
states may first
resort to peaceful
remedies# 'f these
remedies fail, the
states concerned
may resort to
forcible remedies
)ecourse is had to
*udicial or
administrative
tribunals in
accordance with
the rules of
procedure of the
country where
they sit
Sources of Conflict of Laws
1. Direct sources
Treaties
'nternational conventions
Constitutions
Codifications and statutes
+udicial decisions
'nternational customs
2. 'ndirect sources
!atural moral law
,ritings and treaties of thinkers and
famous writers
Chapter 2
urisdiction and choice of law
!ow one deals with a problem in Conflict of Laws
1. -irst, determine whether the court has *urisdiction
over the case#
'f it has no *urisdiction, the case should be
dismissed
'f it has *urisdiction, the court will
determine whether it should assume
*urisdiction over the case or dismiss it on
the ground of forum non conveniens
't is the law of the forum that determines
whether the court has *urisdiction over the
case
2. 't will ne.t determine whether to apply the internal
law of the forum or the proper foreign law
"hree #inds of $urisdiction
/# +urisdiction over the sub*ect matter
0# +urisdiction over the person
1# +urisdiction over the res
urisdiction over the sub$ect matter
Conferred by law
Defined as the power to hear and
determine cases of the general class to which the
proceedings in 2uestion belong
Cannot be conferred by consent of the
parties or by their voluntary submission
(ust be invoked by filing the proper
complaint or petition with the court#
Note 'n the realm of Conflict of Laws, however, there
is another element which the court must consider in
determining the matter of *urisdiction the possible
enforceability of its decision in foreign states, sub*ect to
the rights of said states#
urisdiction over the person
The competence or power of a court to render a
*udgment that will bind the parties involved
urisdiction over the plaintiff Ac2uired the
moment he invokes the power of the court by
instituting the action by the proper pleading
urisdiction over the defendant Ac2uired when
he enters his appearance or by the coercive power
of legal process e.erted by the court over him
personal or substituted service of summons
o %& 'f appearance is for the sole purpose
of 2uestioning the *urisdiction of the court#
Note 3uestion of erroneous service of summons must
be raised before *udgment is rendered, or this would be
a case of waiver# Defective service may be cured by
actual receipt of summons or if in any other manner,
knowledge of the e.istence of the case
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urisdiction over the 'es
+urisdiction over the particular sub*ect matter in
controversy, regardless of the persons who may be
interested therein
The basis of the e.ercise of this *urisdiction is the
presence of the property within the territorial
*urisdiction of the forum even though the court
may not have personal *urisdiction over the
persons whose interests in the property are
affected
The purpose of the suit is not to impose a persona
liability on anyone but it is to affect the interests of
all persons in a thing#
urisdiction in personam urisdiction over the res
$inds only the parties and
their successors in interest
$inds the whole world
Actions (uasi in rem
The purpose is neither to impose a personal liability
in a thing nor to affect the interests of all persons
in a thing, but to affect the interests of particular
persons in a thing#
An action affecting the personal status of the
plaintiff is also classified as an action 2uasi in rem
Service of summons) how effected
/# 'n actions in personam
4/6 7ersonal service
406 Substituted service
Note Service by publication would !"T be
sufficient
0# Service by publication
4/6 Action in rem
406 Action 2uasi in rem
416 Action involves the personal status of
plaintiff
1# 8.traterritorial service of summons
4/6 ,hen the defendant does not reside and
is not found in the 7hilippines, and the
action affects the personal status of the
plaintiff
406 ,hen the defendant does not reside and
is not found in the 7hilippines, and the
action relates to or the sub*ect of which is,
property within the 7hilippines 4real or
personal6, in which the defendant has a
claim, a lien or interest, actual or
contingent
416 ,hen the defendant is a non-resident but
the sub*ect of the action is property
located in the 7hilippines in which the
relief demanded consists in e.cluding the
defendant from any interest therein
496 ,hen the property of a non-resident
defendant has been attached in the
7hilippines
,hile a writ of attachment may
be issued by the court, said
writ cannot be implemented
until the court has ac2uired
*urisdiction over the non-
resident defendant
%*traterritorial service) how effected
$y leave of court
/# $y personal service
0# $y publication, but copy of the summons and the
order of the court must be sent by registered mail
to the defendant:s last known address
1# 'n any other manner that the court may deem
sufficient, e#g#, by registered mail
Instances when court ma+ refuse to e*ercise
$urisdiction over a case on the basis of forum non
conveniens
/# The evidence and the witnesses may not be readily
available in the forum
0# The court dockets of the forum may already be
clogged so that to permit additional cases would
hamper the speedy administration of *ustice
1# The belief that the matter can be better tried and
decided in another *urisdiction, either because the
main aspects of the case transpired there or the
material witnesses have their residence there
4. To curb the evils of ;forum shopping< the non-
resident plaintiff might have filed the case in the
forum merely to secure procedural advantages or
to annoy or harass the defendant
5. The forum has no particular interest in the case
the parties not being citi&ens of the forum or are
residents elsewhere, or the sub*ect matter of the
case evolved somewhere else
=# "ther courts are open and the case may be better
tried in said courts
># The inade2uacy of the local *udicial machinery for
effectuating the right sought to be enforced by the
plaintiff
?# The difficulty of ascertaining the foreign law
applicable
Note The doctrine should generally apply only if the
defendant is a corporation# -or if the defendant is an
individual, the proper forum may not be able to ac2uire
*urisdiction over him, thus leaving the plaintiff without
any remedy#
"hree instances when the forum has to appl+ the
internal or domestic law ,le* fori- in decidin. a case
in conflicts of law
/# ,hen the law of the forum e.pressly so provides in
its conflicts rules
0# ,hen the proper foreign law has not been properly
pleaded and proved
1# ,hen the case involves any of the e.ceptions to
the application of the proper foreign law 4i#e#
e.ceptions to comity6
/h+ forei.n law cannot be applied if it has not been
pleaded and proved
"ur courts cannot take *udicial notice of foreign laws
!ow a forei.n law is proved under our 'ules of Court
1. /ritten law
4/6 An official publication thereof
406 A copy of the law attested by the officer
having legal custody of the record or by
his deputy, accompanied by a certificate
of any 7hilippine embassy, consular, or
foreign service officer in the foreign
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country where the record is kept, and
authenticated by the seal of his office
2. 0nwritten law
4/6 The oral testimony of e.pert witnesses
406 $y printed and published books of reports
of decisions of the country involved if
proved to be commonly admitted in its
courts
Processual presumption of law
This rule means that when the proper foreign law has not
been properly proved, the court of the forum may presume
that said foreign law is the same as its local or domestic
law, which it can now apply
%*ceptions to the applications of a forei.n law
/# ,hen the application of the foreign law would run
counter to a sound and established public policy of
the forum
0# ,hen the foreign law is contrary to the almost
universally conceded principles of morality 4contra
bonos mores6
1# ,hen the foreign law involves procedural matters
%& ,hen the law is both procedural and
substantive
9# ,hen the foreign law is penal in character
%& A penal clause in a contract may
however be enforced here because such
clause is not criminal in nature but
provides only for li2uidated damages
@# ,hen the law is purely fiscal 4i#e#, revenue
producing6 or administrative in nature
=# ,hen the foreign law might work undeniable
in*ustice to the citi&ens or residents of the forum
># ,hen the application of the foreign law would
endanger the vital interests of the State
?# ,hen the case involves real or personal property
located in our country
Chapter 1
"heories that $ustif+ the application of the forei.n law
"heories that $ustif+ the application of the forei.n law
instead of domestic or internal law
/# Theory of comity
0# Aested right theory
1# Theory of local law
9# Theory of harmony of laws
@# Theory of *ustice
"heor+ of comit+
According to this theory, no foreign law would be allowed to
operate in another state e.cept by the comity of nations
Comit+
The recognition which one state allows within its
territory, to the legislative, e.ecutive, or *udicial acts of
another nation
"wo principles upon which the theor+ of comit+
rests
/# The comity based on reciprocity
0# The comity based on the persuasiveness of a
foreign *udgment
"ur Civil 7rocedure still follows the
principle of reciprocity because in
Sec# 9?, )ule 1B, a foreign final
*udgment or order ;is presumptive
evidence of a right as between the
parties and their successors in
interest
"he vested2ri.hts theor+
Cnder this theory, our courts enforce not the foreign law or
foreign *udgment but the right or rights that have been
vested under such law or *udgment#
)ights once ac2uired should be enforced regardless
of where the suit for its enforcement was filed#
"heor+ of local law
Cnder this theory, we apply a foreign law not because it is
foreign, but because our own law by applying a similar rule
re2uires us to do so, hence it is as if the foreign law has
become part of our own internal or domestic law#
"heor+ of harmon+ of laws
Cnder this theory, identical or similar problems should be
given identical or similar solutions thus resulting in harmony
of laws
"heor+ of $ustice
Since the purpose of all laws, including Conflict of Laws, is
the dispensation of *ustice, the proper foreign law should be
applied in order to attain this ob*ective
The defect of this theory, however, is that different
persons may have different ideas of what is *ust
!ote !o single theory contains the whole truthD no one
approach is completely valid# All of the theories have
validity# This suggests that they are not entirely e.clusive#
Chapter 3
Nature and composition of conflicts rules
Purel+ internal provision of law vs. conflicts rule
Purel+ internal provision
of law
Conflicts rule4 A
provision in conflict of
laws
%overns a domestic
problem, i#e#, one without a
foreign element
A provision found in our own
law which governs a factual
situation possessed of a
foreign element
8.ample Art# >B= All
persons who are not
e.pressly prohibited by law
may make a will
8.ample Art# /= )eal
property as well as personal
property is sub*ect to the
law of the country where it
is situated
"wo #inds of conflicts rules
1. 5ne2sided rule
'ndicates when 7hilippine law will apply
8.ample Article /@ of the CC Laws
relating to family rights and duties, or to
the status, condition, and legal capacity of
persons, are binding upon citi&ens of the
7hilippines even though living abroad
2. All2sided or multilateral rule
'ndicates whether to apply the local law or
the proper foreign law
8.ample Art# /= )eal property as well
as personal property is sub*ect to the law
of the country where it is situated

Parts of ever+ conflicts rule
1. "he factual situation E the set of facts or
situation presenting a conflicts problem because
there is a foreign element involved
2. "he point of contact or connectin. factor E
The law of the country with which the factual
situation is most intimately connected
Note6 The first part raises while the second part
answers a legal 2uestion
Chapter 7
Characteri8ation of conflict rules
Characteri8ation
"therwise known as ;classification< or ;2ualification< is the
process of assigning a certain set of facts or factual
situation to its proper or correct legal category# $y
characteri&ing the legal problem, the court of the parties
involved reach the proper solution whether to apply the
local law or the proper foreign law
(ost writers hold that on the grounds of practical
necessity and convenience, it is the forum or the
le. fori that should determine the problem:s
characteri&ation unless the result would be a clear
in*ustice
Note (odern trend is to consider prescriptive periods
or Statute of -rauds that the parties had in mind at the
time the transaction took place
Chapter 9
Persona law : "heories in determinin. one;s personal
law
Personal law.
That which attaches to him wherever he may go# The law
that generally governs his status, capacity, condition, family
relations, and the conse2uences of his actuations# 't may
be
/# !ational law
0# Law of his domicile
1# Law of the situs
Status vs. capacit+
Status Capacit+
7lace of an individual in
society and consists of
personal 2ualities and
relationships more or less
permanent, with which the
state and the community are
concerned
"nly part of one:s status and
may be defined as the sum
total of his rights and
obligations
"wo #inds of capacit+
1. +uridical capacity
7assive capacity
The fitness to be the sub*ect of legal
relations
2. Capacity to act
Active capacity
The power to do acts with legal effects
Characteristics of status
/# 't is conferred principally by the State, not by the
individual
0# 't is a matter of public interest or social interest
1# $eing a concept of social order, it cannot easily be
terminated at the mere will or desire of the parties
concerned
9# 't is generally supposed to have a universal
character
<ifferent theories on how the personal law of an
individual is determined
/# The nationality theory
7ersonal theory
The status and capacity of a person are
determined by the law of his nationality or
his national law
0# The domiciliary theory
$y virtue of which the status and capacity
of a person is determined by the law of his
domicile
Territorial theory
1# The situs or eclectic theory
Aiews the law of a particular place or situs
of an event or transaction as generally the
controlling law
Note The 7hilippines follows the nationality
theory#
Nationalit+ v. citi8enship
Nationalit+ Citi8enship
)efers to membership in a
political community, one
that is personal and more or
less permanent, not
temporary#
A citi&en is one who owes
allegiance to and is entitled
to the protection of the
State
'n the field of Conflict of Laws, nationality and citi&enship
are the same
Chapter =
"he Nationalit+ "heor+
<ifferent #inds of citi8enship in the Philippines
1. Natural born citi8ens
Those who are citi&ens from birth without
having to perform any act to ac2uire or
perfect their 7hilippine citi&enship
Native2born >ilipinos
Those born in the 7hilippines# !atural-born
citi&ens may not be native-born if they were
born abroad
2. Citi8ens b+ naturali8ation
Those who were formerly aliens but by
*udicial, legislative, or administrative
process, have become -ilipino citi&ens

us soli v. $us san.uinis
us soli us san.uinis
A person is a citi&en of the
country where he was born
or of the country of his birth
't is citi&enship by blood
This is the rule that we
follow in the 7hilippines
Note 8ach country or state has the sole power and
authority to determine under its internal or municipal law
who are its citi&ens or nationals
<ual alle.iance under Sec. 7) Article I? of the
Constitution
The provision in the Constitution 4dual allegiance of citi&ens
is inimical to national interest and shall be dealt with by
law6 is concerned not with dual citi&enship per se but with
naturali&ed citi&ens of the 7hilippines who still maintain their
allegiance to the countries of their origin#
%ffective nationalit+ theor+
,ithin a third state, a person having more than one
nationality shall be treated as if he had only one# ,ithout
pre*udice to the application of its law in personal matters
and of any conventions in force, a third state shall apply the
nationalities which any such person possesses, recogni&e
e.clusively in its territory either the nationality of the
country in which he is habitually and principally a resident,
or the nationality of the country with which in the
circumstances he appears to be in fact mostly connected
The law of the country of which the
deceased was both a citi&en and a domiciliary at
the time of her death is considered more effectively
connected to her than her other national law#
Citi8ens of the Philippines under the 1@A=
Constitution
/# Those who are citi&ens of the 7hilippines at the
time of the adoption of this Constitution
0# Those whose fathers or mothers are citi&ens of the
7hilippines
1# Those born before +anuary />, /B>1, of -ilipino
mothers, who elect 7hilippine citi&enship upon
reaching the age of ma*ority and
9# Those who are naturali&ed in accordance with law
Citi8enship of a >ilipino woman who marries a
forei.ner
Citi&ens of the 7hilippines who marry aliens shall retain their
citi&enship unless by their act or omission they are deemed,
under the law, to have renounced their 7hilippine citi&enship
4Article 9, Sec# 9, /B?> Constitution6
Citi8enship of an alien woman who marries a >ilipino
husband
Cnder Sec# /@ of the )evised !aturali&ation Law 4Com# Act
!o# 9>@6, an alien woman marrying a -ilipino, native-born
or naturali&ed, becomes ipso facto a -ilipino, provided she is
not dis2ualified to be a citi&en of the 7hilippines under Sec#
9 of the same law#
't is enough that an alien wife proves that
she is not dis2ualified to be a -ilipino citi&en not
necessarily in court but even before an agency like
the 'mmigration Commission
Note An alien woman married to an alien husband
who 4the husband6 is subse2uently naturali&ed also
follows the 7hilippine citi&enship of her husband,
provided she does not suffer from any of the
dis2ualifications under Sec# 9 of the same )evised
!aturali&ation Law# This is a case of derivative
naturali&ation 4similar to the minor children of a
naturali&ed -ilipino citi&en6
Naturali8ation
The process of conferring on an alien the citi&enship of
another country by any of the means provided by law#
Bodes of ac(uirin. Philippine citi8enship b+
naturali8ation
/# +udicial process
Com# Act !o# 9>@ as amended by )A @15
0# Legislative process
,hen 7hilippine citi&enship is conferred by
a special act of Congress on deserving
aliens
1# Administrative process
)A B/1B or the Administrative
!aturali&ation Law of 0555
Cnder this law, a Special Committee on
!aturali&ation is created, with the power
to approve, deny, or re*ect applications for
naturali&ation filed with said Committee
<erivative naturali8ation
7hilippine citi&enship conferred on
/# The wife of a naturali&ed husband
0# The minor children of a naturali&ed father
1# The alien wife of a natural born or naturali&ed
citi&en, in the latter case, the marriage having
taken place after the husband:s naturali&ation
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Naturali8ation
udicial naturali8ation under Com. Act. 3=7)
as amended
Administrative naturali8ation under 'A @11@ or
the Administrative Naturali8ation Law of 2CCC
Dualifications /# The petitioner must not e less than 0/
years of age on the date of the hearing of the
petition
0# Fe must have, as a rule, resided in the
7hilippines for a continuous period of not less
than /5 years
1# Fe must be of good moral character, and
believe in the principles underlying the
7hilippine Constitution, and must have
conducted himself in a proper and
irreproachable manner during the entire
period of his residence in the 7hilippines in
his relation with the constituted government
as well as with the community in which he is
living
9# Fe must own real estate in the
7hilippines worth not less than @,555,
7hilippine currency, or must have some
lucrative trade, profession, or occupation
@# Fe must be able to speak and write
8nglish or Spanish and any one of the
principal languages and
=# Fe must have enrolled his minor children
of school in any of the public or private
schools recogni&ed by the $ureau of 7rivate
Schools where 7hilippine history,
government, and civics are taught or
prescribed as part of the school curriculum
during the entire period of the residence
re2uired of him, prior to the hearing of his
petition for naturali&ation as citi&en
/# The applicant must be born in the
7hilippines and residing therein since birth
0# The applicant must not be less than /?
years of age, at the time of filing of hisGher
petition
1# The applicant must be of good moral
character and believes in the underlying
principles of the Constitution and must have
conducted himselfGherself in a proper and
irreproachable manner during hisGher entire
period of residence in the 7hilippines in relation
with the duly constituted government as well as
with the community in which heGshe is living
9# The applicant must have received hisGher
primary and secondary education in any public
school or private education institution duly
recogni&ed by the D8CS, where 7hilippine
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 7rovided, that should heGshe have
minor children of school age, heGshe must have
enrolled them in similar schools#
@# The applicant must have a known trade,
business, profession, or lawful occupation, from
which heGshe derives income sufficient for
hisGher support and if heGshe is married andGor
has dependents, also that of hisGher family
7rovided, however, that this shall not apply to
applicants who are college degree holders but
are unable to practice their profession because
they are dis2ualified to do so by reason of their
citi&enship
=# The applicant must be able to read, write,
and speak -ilipino or any of the dialects of the
7hilippines, and
># The applicant must have mingled with the
-ilipinos and evinced a sincere desire to learn
and embrace the customs, traditions, and ideals
of the -ilipino people
<is(ualifications /# Those opposed to organi&ed government or affiliated with any association of group of person
who uphold and teach doctrines opposing all organi&ed governments
0# Those defending or teaching the necessity of or propriety of violence, personal assault or
assassination for the success or predominance of their ideas
1# 7olygamists or believers in the practice of polygamy
9# Those convicted of crimes involving moral turpitude
@# Those suffering from mental alienation or incurable contagious disease
=# Those who, during the period of their residence in the 7hilippines, have not mingled socially
with -ilipinos, or who have not evinced a sincere desire to learn and embrace the customs, traditions,
and ideals of the -ilipinos
># Citi&ens or sub*ects of nations with whom the 7hilippines is at war
?# Citi&ens or sub*ects of a foreign country whose laws do not grant -ilipinos the right to be
naturali&ed citi&ens or sub*ects thereof
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Loss of citi8enship
Cnder Com# Act =1, as amended, a -ilipino citi&en may lose
his citi&enship in any of the following ways
/# $y naturali&ation in a foreign country
0# $y e.press renunciation of citi&enship
1# $y subscribing an oath of allegiance to support the
constitution or laws of a foreign country upon
attaining twenty-one years of age or more
9# $y accepting commission in the military, naval, or
air service of a foreign country
@# $y cancellation of the certificate of naturali&ation
=# $y having been declared by competent authority, a
deserter of the 7hilippine armed forces in time of
war, unless subse2uently a plenary pardon or
amnesty has been grantedD and
># 'n case of a woman, upon her marriage to a
foreigner, if, by virtue of the laws in force in her
husband:s country, she ac2uires his nationality
Cnder the /B?> Constitution, however,
the woman retains her 7hilippine
citi&enship unless by her act or omission
she is deemed under the law to have
renounced her 7hilippine citi&enship
Philippine citi8enship) how reac(uired
Cnder C#A# =1, as amended, 7hilippine citi&enship may be
reac2uired as follows
/# $y naturali&ation, provided the applicant possesses
none of the dis2ualifications
0# $y repatriation of deserters of the Army, !avy, or
Air Corps, 7rovided, that a woman who lost her
citi&enship by reason of her marriage to an alien
may be repatriated in accordance with the
provisions of this Act after the termination of the
marital status
1# $y direct act of Congress
'A @227 : Citi8enship 'etention and 'eac(uisition
Act of 2CC1
Cnder this law, natural born -ilipino citi&ens who had been
naturali&ed in foreign countries are deemed to have
reac2uired 7hilippine citi&enship by taking an oath of
allegiance to the 7hilippine Constitution and laws# Those
who become naturali&ed in foreign countries after the
effectivity of the Act retain their 7hilippine citi&enship upon
taking the same oath
Chapter A
<omiciliar+ "heor+
<omiciliar+ theor+
't is the theory whereby the status, condition, family rights
and obligations, and capacity of a person are governed by
the law of his domicile or the le. domicilii
<omicile
't is the place where a person has his true, fi.ed,
permanent home, and principal establishment, and to
which, whenever he is absent, he has the intention of
returning#
Art. 7C of the CC -or the e.ercise of civil rights
and fulfillment of civil obligations, the domicile of
natural persons is the place of their habitual
residence
<omicile v. residence
<omicile 'esidence
Denotes a fi.ed, permanent
residence to which, when
absent, one has the
intention of returning
Csed to indicate a place of
abode, whether permanent
or temporary
)esidence is not domicile, but domicile is residence coupled
with intention to remain for an unlimited time
<omicile v. citi8enship
<omicile Citi8enship
Speaks of one:s permanent
place of abode
'ndicates ties of allegiance
and loyalty
A person may be a citi&en or national of one sate and a
domiciliary of another
Note The forum applies its own concept of domicile in
determining the domicile of a litigant before its courts 4law
of the forumGle. fori, !"T national law, is the law that
determines one:s domicile6
<ifferent #inds of domicile
1. <omicile of ori.in The domicile assigned by law
to a person at the moment of his birth
2. Constructive domicile or domicile b+
operation of law The domicile assigned by law to
a person after birth on account of a legal disability,
like minority, insanity, imprisonment, etc#
3. <omicile of choice The domicile of a person sui
*uris because he has his home there and to which,
whenever absent, he intends to return
Principles re.ardin. one;s domicile of choice
/# !o person can ever be without a domicile or every
natural person must have a domicile
0# A person cannot have two simultaneous domiciles
1# A natural person, free 4not a prisoner6 and sui *uris
4one of age and under no disability6, can change
his domicile at pleasure
9# A domicile, once ac2uired, is retained until a new
one is gained
@# The presumption being in favor of the continuance
of an e.isting domicile, the burden of proof is on
the one who alleges that a change of domicile has
taken place
6. To ac2uire a new domicile of choice, the following
must concur
4/6 )esidence or bodily presence in the new
locality
406 An intention to remain there 4animus
manendi6 and
416 An intention not to return to the former
abode 4animus non revertendi6
'ules determinin. one;s domicile of ori.in
If the child is le.itimate Fis domicile of origin is that
of his parents at the time of
his birth
'f parents are separated, the
domicile of the custodial
parent
If the child is ille.itimate Fis domicile of origin is that
of the mother at the time of
his birth
If the child is le.itimated The domicile of his father at
Lesley Claudio 4A 05/06 7age > of 00

the time of his birth controls
If the child is adopted The domicile of origin is the
domicile of his real parents
at the time of his birth, !"T
the domicile of the adopters
If a foundlin. The domicile of origin is the
country where it was found
'ules determinin. one;s constructive domicile
BIN5'S
1. 'f legitimate, the domicile of both parents
'n case of disagreement, that of the
father, unless there is a *udicial order to
the contrary
2. 'f illegitimate, the domicile of the mother
3. 'n case of absence or death of either parent, the
domicile of the present parent#
8ven in case of remarriage of the
surviving parent, still hisGher domicile
determines the constructive domicile of
the minor child
4. 'f the child is adopted, the domicile of choice of the
adopter is the child:s constructive domicile
INSAN%S) I<I5"S) IBE%CIL%S
The law assigns their domicile to them
1. 'f they are below the age of ma*ority, the rules on
minors apply to them
2. 'f they are of age and have guardians, they follow
the domicile of choice of their guardians
3. 'f they are of age and have no guardians , their
constructive domicile is their domicile of choice
before they became insane
BA''I%< /5B%N
If the marria.e is valid
/# The constructive
domicile of the wife is
the domicile of both
spouses, unless the law
allows the wife to have a
separate domicile for
valid and compelling
reasons
0# 'f there is legal
separation between the
spouses, the wife can
have her own domicile of
choice
1# 'f there is a
separation de facto, the
wife can also have a
separate domicile
If the marria.e is
voidable
Apply the same rules when
the marriage is valid#
Fowever, after annulment,
the wife can freely select her
own domicile of choice
If the marria.e is void The wife can have a domicile
separate from the husband
5"!%' P%'S5NS
Convict or prisoner Fis domicile is the one he
had possessed prior to his
incarceration
Soldiers Their domicile is their
domicile before their
enlistment
Public officials or
emplo+ees abroad
,diplomats) etc-
Their domicile is the one
they had before they were
assigned elsewhere, unless
they voluntarily adopt their
place of employment as
their permanent residence
Chapter @
"he situs or eclectic theor+
Situs or eclectic theor+
The capacity, status, and family relations of a person are
governed not necessarily by the law of his nationality or the
law of his domicile but by the law of the place 4situs6 where
an important element of the problem occurs or is situated
"wo #inds of participation of an individual under the
situs or eclectic theor+
1. If participation is active E ,hen he does an act
voluntarily, the governing law is the law of the
actual situs of the transaction or event
2. If the participation is passive E ,hen the
effects of the act are set forth or determined by
law, the governing law is the law of the le.al
situs, i#e#, the domicile of the individual concerned
Chapter 1C
"he problem of the FrenvoiG
'envoi
A -rench word which means ;refer back<
or ;return<
'n Anglo-American countries, the term
used is ;remission,< which means to refer a matter
for consideration or *udgment
/hen does the problem of renvoi ariseH
The problem of renvoi arises when there is doubt as to
whether the reference by the le. fori 4the law of the country
where the problem arises6 to the foreign law involves
/# A reference to the internal law of the foreign law or
0# A reference to the entirety of the foreign law
including its conflicts rules
'n such case, if the first state follows the
nationality theory, and the second state
follows the domiciliary theory, the
problem of renvoi will most probably arise
>our solutions the court can adopt when confronted
with a renvoi problem
/# )e*ect the renvoi
This means that the court does not want
the problem to be sent back to us#
As in the case of the testate or intestate
succession of a foreigner but domiciled in
our country, we would simply apply his
national law or the internal law of his
country
0# Accept the renvoi
Accept the referral or transmission of the
case back to us, so that instead of
applying the foreign internal law,
7hilippine law is applied
Single renvoi or single transmission
3. -ollow the theory of desistment or the mutual
disclaimer of *urisdiction theory
Lesley Claudio 4A 05/06 7age ? of 00

)efrain from applying the national law of
the deceased foreigner, although our law
tells us to do so#
'f said law follows the domiciliary theory
and directs that we apply the law of the
domicile of the deceased, so in the end,
we still apply 7hilippine law
4. Apply the foreign court theory
,e would simply do what the foreign
court would do if confronted with the
same case
Advantage of this theory is that regardless
of the forum, the applicable law will be the
same
Can also result in international ping pong
<ouble renvoi
This occurs when the local court, in adopting the foreign
court theory, discovers that the foreign court accepts the
;renvoi#< $ut since the foreign law remits the case to
7hilippine law, being the law of the deceased:s domicile, the
foreign court may discover that 7hilippine law does not
accept the remission 4as it applies the national law of the
deceased6 so the foreign court, sitting as a 7hilippine court,
would still apply its own internal law# This is then what our
court will apply#
"heor+ of transmission v. renvoi
"heor+ of transmission 'envoi
Transmission is the process
of applying the law of a
foreign state thru the law of
a second foreign state
)envoi means to refer a
matter for consideration or
*udgment
Transmission involves three
laws
)envoi involves two laws
Chapter 11
Conflict rules on status and capacit+
/hen human personalit+ be.ins under our law
Art. 3C) NCC $irth determines personality, but
the conceived child shall be considered born for all
purposes that are favorable to it, provided it be
born later with the conditions specified in the
following article
Art. 31) NCC -or civil purposes, the fetus is
considered born if it is alive at the time it is
completely delivered from the mother:s womb#
Fowever, if the fetus had an intra-uterine life of
less than > months, it is not deemed born if it dies
within 09 hours after its complete delivery from the
maternal womb
Personalit+ reall+ be.ins at conception) sub$ect to the
followin. conditions6
/# The purpose is favorable to the fetus
0# 'f it is born alive under Art# 9/ of the !CC
"wo #inds of children
1. "rdinary E ,ith an intra uterine life of at least >
months
2. 8.traordinary E ,ith an intra-uterine life of less
than > months, in which case it must live for at
least 09 hours after complete delivery from the
mother:s womb
Note 'n Conflict of Laws, personal law determines the
beginning of one:s personality#
Civil personalit+) when e*tin.uished
Art. 32 of the NCC Civil personality is e.tinguished by
death
)efers to physical death not civil death
A declaration of death in accordance with one:s
personal law 4whether his national law or the law
of his domicile6 by a court of competent *urisdiction
is considered valid for all purposes
Absence) defined
A special legal status pertaining to a person who has
disappeared from his domicile, his whereabouts being
unknown, without leaving an agent to administer his
property or even if he had left an agent, the power
conferred by the absentee on the agent has e.pired
"ne status of being absent is determined in
accordance with his personal law
"ur own courts also have *urisdiction to declare an
alien domiciliary in the 7hilippines as absent
udicial declaration of absence under Philippine law
After the lapse of two +ears without any news about the
absentee or since the receipt of the last news, and five
+ears if the absentee has left an administrator of his
property, his absence may be declared
Instances when an absentee ma+ be presumed dead
and for what purposes
1. >or purposes of remarria.e E the absentee may
be presumed dead after four +ears of absence,
the present spouses having a well-founded belief
that the absentee is already dead
Fowever, in case of disappearance where
there is danger of death, an absence of 0
years is enough
2. >or all other purposes %&C%P" succession E an
absence of seven years, it being unknown whether
or not the absentee still lives
3. >or the purpose of succession E an absence of
/5 years is re2uired, e.cept if the absentee
disappeared after the age of >@ years, in which
case an absence of @ years is enough to open his
succession
/hat determines the a.e of ma$orit+ in Conflict of
LawsH
't is the personal law of the person that determines whether
he has reached the age of ma*ority or not#
5ur conflicts rules on capacit+ to contract
A person:s capacity to contract is governed by his personal
law, whether it is the le. nationalii or the le. domicilii
%& Contracts involving real or personal property in
which cases the le. situs or le. rei sitae applies
including the capacity of the contracting parties
Note 't is suggested that Article /@ of the CC applying the
nationality theory be limited to strictly family and domestic
transactions, while the law governing the contract should
govern ordinary day-to-day business contracts#
Lesley Claudio 4A 05/06 7age B of 00

Chan.e of names and surnames
A change of name is a special proceeding to establish the
status of a person involving his relation with others# Aliens
can ask for change of name in the 7hilippines, provided they
are domiciled here#
$ut an alien whose citi&enship is either
controverted or doubtful cannot ask for a change of
name
Le.islative $urisdiction vs. $udicial $urisdiction over
one;s status
Le.islative $urisdiction udicial $urisdiction
Legislative *urisdiction over
one:s status is the power of
his personal law to govern
his status wherever he goes
+udicial *urisdiction over
one:s status is the power of
the courts to decide
2uestions or controversies
concerning one:s status
Note Thus, our courts can decide cases involving the
status and capacity of foreigners brought before them, but
in doing so, our courts will apply the personal law of the
foreigner, whether it be his national law or the law of his
domicile, depending on what theory the country of his
citi&enship follows#
%*ample 8ven if the personal law of the foreigner
allows divorce, he cannot apply for divorce from his
spouse before a 7hilippine court because we do not
recogni&e divorce and our courts have no
*urisdiction to grant divorces# Fowever, a foreigner
who applies for legal separation in our country on a
ground available under his national law but not
under our law, may obtain a favorable *udgment
from our courts, because it is his national law on
legal separation that our courts will apply, but
sub*ect to our procedural law#
Chapter 12
Conflicts rules on marria.e
Philippine internal law on the formal validit+ of
marria.es or the validit+ of marria.e as a contract
1. 8ssential re2uisites
4/6 Legal capacity of the contracting parties
who must be male and female
406 Consent freely given in the presence of a
solemni&ing officer
2. -ormal re2uisites
4/6 Authority of the solemni&ing officer
406 A valid marriage license
416 A marriage ceremony takes place with the
appearance of the contracting parties
before the solemni&ing officer and their
personal declaration that they take each
other as husband and wife in the presence
of not less than two witnesses of legal age
Note The above formal re2uisites apply to foreigners who
get married in the 7hilippines# 'f one or both of the parties
are foreigners, the foreigner must submit a certificate of
legal capacity to contract marriage issued by the diplomatic
or consular officials of hisGher country in the 7hilippines
before heGshe can be issued a marriage license# Stateless
persons or refugees need only to submit an affidavit stating
the circumstances showing such capacity to contract
marriage
Common law marria.es of forei.ners
As to common law marriages of foreigners who come to the
7hilippines as husband and wife, it would seem that we
should consider the marriage valid if valid under their
national law or the law of the place where the relationship
began# $ut the marriage must not be contra bonos mores or
universally considered incestuous
>orei.n marria.es of >ilipinos
G' Cnder Art# 0= of the -amily Code, all marriages outside
the 7hilippines in accordance with the laws in force in the
country where they were solemni&ed and valid there as
such, shall also be valid in this country, e.cept those
prohibited under Articles 1@4/6, 496, 4@6, and 4=6, 1=, 1>,
and 1?#
'n other words, we follow the rule of le. loci
celebrationis
%& A foreign marriage of -ilipinos in a foreign country will
still be void in the 7hilippines if
/# 8ither or both parties did not have legal capacity to
get married 4Art# 1@ 4/66
0# The marriage is immoral for being bigamous or
polygamous 4Art# 1@ 4966
1# Consent of one party is lacking, because of mistake
as to the identity of the other 4Art# 1@ 4@66
9# "ne of the parties was psychologically
incapacitated at the time of the marriage to comply
with the essential marital obligations 4Art# 1=6
@# The marriage is incestuous 4Art# 1>6
=# The marriage is void by reason of public policy
4Art# 1?6
Note Consular marriages of -ilipinos abroad are valid 4Art#
/5, -amily Code6
Conflicts rules on marria.es between forei.ners
solemni8ed abroad
1. ,e still apply the rule of le. loci celebrationis, but
not the e.ceptions in the first par# of Art# 0= of the
-amily Code which apply only to -ilipinos
$ut universally considered incestuous
marriages and marriages that are highly
immoral are e.cepted
2. 7ro.y marriages E !ot allowed under 7hilippine
internal law
)ule in the CS E if permitted by the law of
the place where the pro.y participates in
the marriage ceremony, pro.y marriages
are entitled to recognition insofar as the
formal validity of the marriage is
concerned
3. (arriages on board a vessel on the high seas E
Since the country whose flag the ship is flying has
*urisdiction over the ship, the rule is that
compliance with the law of the said country is
re2uired for the marriage to be valid
4. 'f the parties or at least the husband is a (uslim E
it is believed that we would recogni&e up to four
marriages of the same husband 47hilippine (uslim
Code on 7ersonal Laws6
Bi*ed Barria.es
Barria.e between a
>ilipino and forei.ner
AE'5A<
'f the marriage is valid
under the law of one of the
spouses while void under the
law of the other, we should
uphold the validity of the
Lesley Claudio 4A 05/06 7age /5 of 00

marriage, unless the
marriage is universally
incestuous or highly immoral
4the same rule as to
foreigners who get married
abroad6
Barria.e between a
>ilipino and a forei.ner in
the P!ILIPPIN%S
The national law of the
-ilipino E 7hilippine law
should be followed E
otherwise our public policy
would be violated
"wo aspects of marria.e as a status
/# Aspect of personal rights and obligations of the
spouses
7urely personal and are not ordinarily
interfered with by the courts
0# Aspect of their property relations
The law lays down rules and *udicial
sanctions as they may affect public
interest
Law .overnin. personal relations of spouses in
Conflict of Laws
1. Countries that follow the nationality theory 4e#g#
7hilippines6 E apply the spouses: national law in
determining their personal relations with each
other
2. Countries that follow the domiciliary theory E the
personal relations of the spouses are governed by
the law of their domicile
Spouses of different nationalities6 law .overnin. their
personal relations
G' The personal relations of the spouses are governed by
the national law of the husband
Alien woman who
marries a >ilipino
husband
'pso facto becomes a -ilipino
citi&en if she does not suffer
under any dis2ualification for
naturali&ation as a -ilipino
citi&en
Personal relations
national law of the husband
shall govern 4%)6
A >ilipina who marries an
alien husband
Constitution provides that
she ;shall retain her
7hilippine citi&enship, unless
by her act or omission, she
is deemed, under our law, to
have renounced her
citi&enship<
Personal relations Art# ?5
of the -amily Code provides
that the national law of the
wife or 7hilippine law would
govern the spouses:
personal relations 4rule was
intended to protect the
-ilipino wife6
Conflict rules on the law .overnin. personal relations
of spouses who change nationalities
General 'ules
1. 'f the spouses have the same nationality but they
ac2uire a new nationality by their common act E
their new national law will govern their personal
relations
2. 'f the husband alone changes his nationality after
the marriage E the law of the last common
nationality of the spouses would govern
3. 'f the spouses retain their different nationalities
after the marriage E !ational law of both spouses
should govern
'%6 1 Eetter solution apply the national
law of the husband at the time of the
marriage
%&C%P"I5NS
/# 'f the national law of the husband violates public
policy of the forum
0# The national law of the wife happens to be the law
of the forum
Conflicts rules on the propert+ relations of husband
and wife
G' 7roperty relations of the spouses are governed by
7hilippine law, regardless of the place of the celebration of
marriage and their residence 4nationality theory6
'f one spouse is a -ilipino 4wife or husband6 and
the other is an alien, 7hilippine law would still
govern
%&6
/# 'f both spouses are aliens E general rule in Conflict
of Laws will apply
0# ,ith respect to e.trinsic validity of contracts
affecting real property E the le. situs will govern
the formalities to be observed for the contract:s
validity
<octrine of immutabilit+ of matrimonial ,propert+-
re.ime of the spouses
)egardless of the change of nationality by the husband or
the wife or both, the original property regime that prevailed
at the start of their marriage prevails
Immutabilit+ of the propert+ re.ime v. immutabilit+
of the law .overnin. the propert+ re.ime
Immutabilit+ of the
propert+ re.ime
Immutabilit+ of the law
.overnin. the propert+
re.ime
A subse2uent change of
nationality by the husband
or wife or both does !"T
change the original property
regime
The law that creates and
governs the property regime
may change
Annulment v. <eclaration of nullit+ of marria.e
Annulment <eclaration of nullit+
)emedy if the marriage is
voidable or annullable 4valid
until annulled6
)emedy if the marriage is
void ab initio
?oidable v. void marria.e : le.al effects
?oidable marria.e ?oid marria.e
't can be convalidated either
by free cohabitation or
't cannot be convalidated
Lesley Claudio 4A 05/06 7age // of 00

prescription
The same property regime
as in a valid marriage is
established between the
spouses
The only property
relationship between the
parties is a co-ownership
The children are legitimate if
conceived before the decree
of annulment
The children are illegitimate,
e.cept children of void
marriages under Art# 1= and
@1 of -C
Art# 1= E children born
under marriage that is void
on the ground of psy#
'ncapacity
Art# @1 E children born of
the first marriage of parties
before said first marriage
had been annulled or
declared void, and those
who marry a second time
without delivering the
presumptive legitime of the
children of their first
marriage
The marriage cannot be
attacked collaterally
The marriage may be
attacked directly or
collaterally
The marriage can no longer
be impugned after the death
of the spouses
The marriage can still be
impugned even after the
death of the spouses
Conflicts rules on annulment and declaration of nullit+
of marria.e
/# 'n Conflict of Laws, the grounds for annulment of
marriage and for declaration of nullity of marriage
are the grounds provided for by the law alleged to
have been violated le. loci celebrationis or the
law of the place where the marriage was
celebrated
'eason Considering that it is the le. loci
celebrationis that is usually applied to
determine whether a marriage is valid or
not, it is the same law that also
determines whether a marriage is voidable
or void
0# As for declaration of nullity of marriage between
two -ilipinos abroad, the grounds are the
e.ceptions to the le. loci celebrationis in Article 0=
of the -amily Code
4/6 8ither or both parties did not
have legal capacity to get married 4Art# 1@
4/66
406 The marriage is immoral for
being bigamous or polygamous 4Art# 1@
4966
416 Consent of one party is lacking,
because of mistake as to the identity of
the other 4Art# 1@ 4@66
496 "ne of the parties was
psychologically incapacitated at the time
of the marriage to comply with the
essential marital obligations 4Art# 1=6
4@6 The marriage is incestuous
4Art# 1>6
4=6 The marriage is void by reason
of public policy 4Art# 1?6
1# As to foreigners who get married abroad E the
e.ceptions to the le. loci celebrationis would be the
same as those in marriages as a contract
4/6 (arriages that are highly
immoral
406 Cniversally incestuous
marriages
9# Consular marriages E either the national law or the
law of the domicile of the parties applies
Courts that have $urisdiction over cases for
annulment or declaration of nullit+ of marria.e
/# 'n the 7hilippines E since we follow the nationality
theory, our courts have *urisdiction
Citi&ens and domiciliaries can file in the
7hilippines, even if the defendant is a non-
resident
0# 'n other countries E it is usually the courts of the
parties domicile who have *urisdiction over such
cases since that is the place which has the greatest
interest in the domestic relations of the spouses
'ules on the validit+ of forei.n divorces b+ forei.ners
abroad
/# Fague Convention states that a foreign divorce will
be recogni&ed in the contracting states if, at the
date of the filing of the proceedings
4/6 The petitioner or respondent
had his or her habitual residence in the
state where the divorce was obtained
406 'f both spouses were nationals
of said state
416 Although the petitioner was a
national of another country, he or she had
his or her residence in the place where the
divorce was obtained
0# 'n the CS, a state has a duty to recogni&e a divorce
obtained in a sister state if the spouses were
domiciled in the latter state
1# A divorce obtained in a foreign country would be
recogni&ed under the same circumstances that a
divorce obtained from a sister state is given
recognition
9# in the 7hilippines, if both spouses are aliens, we
recogni&e a decree of divorce obtained by them
abroad if valid under their national law
@# 'f one of the spouses is a -ilipino and the other an
alien, we also recogni&e the divorce obtained by
the alien spouse abroad
Le.al separation v. divorce
Le.al separation <ivorce
)elative divorce, only a
separation from bed and
board but the parties remain
married
Absolute divorce, dissolves
the marriage and the parties
can marry again
Le.al separation v. annulment of marria.e
Le.al separation Annulment
(arriage is not defective (arriage is defective
%rounds arise after the
marriage
%rounds must e.ist at the
time of or before the
celebration of the marriage
7arties are still married to
each other
(arriage is set aside
%rounds are those given by
the national law or the
domiciliary law E 2uestion is
one of status
%rounds are those given by
the le. loci celebrationis
sub*ect to certain e.ceptions
E 2uestions the very

e.istence of status
Conflict rules on le.al separation
/# 'f the parties are of the same nationality E grounds
for legal separation are those given by their
personal law 4national law or domiciliary law6
0# 'f the parties are of different nationalities E
grounds for legal separation are those under both
the personal law of the husband and wife
Courts that ma+ .rant le.al separation
/# +urisdiction in the case of aliens is not assumed by
the forum unless the national law of the parties is
willing to recogni&e its *urisdiction
0# 'n the 7hilippines, foreigners may ask for legal
separation here, even if they did not get married in
this country# ,hat is important is that the court
has *urisdiction over both parties
1# (ost countries assume *urisdiction over case for
legal separation on the basis of the domicile of one
of the parties or the matrimonial domicile
Note 't is !"T necessary that the cause for legal
separation take place in the country for our courts to
have *urisdiction over the case#
Grounds for le.al separation under Philippine internal
law ,Article 77) >C-
/# )epeated physical violence or grossly abusive
conduct against the petitioner, a common child, or
a child of the petitioner
0# 7hysical violence or moral pressure to compel the
petitioner to change religious or political affiliation
1# Attempt to corrupt or induce the petitioner, a
common child, or a child of the petitioner, to
engage in prostitution, or connivance in such
corruption or inducement
9# -inal *udgment sentencing the respondent to
imprisonment of more than = years, even if
pardoned
@# Drug addiction or habitual alcoholism of the
respondent
=# Contracting by the respondent of a subse2uent
bigamous marriage, whether in the 7hilippines or
abroad
># Lesbianism or homose.uality of the respondent
?# Se.ual infidelity or perversion
B# Attempt by the respondent against the life of the
petitioner
/5# Abandonment of petitioner by respondent without
*ustifiable cause for more than one year
<efenses to le.al separation under Philippine internal
law ,Article 79) >C-
/# Condonation of the offense or the act complained
of
0# Consent of the aggrieved party to the commission
of the act or offense complained of
1# Connivance between the parties in the commission
of the offense or act constituting the ground for
legal separation
9# ,here both parties have given ground for legal
separation
@# Collusion between the parties to obtain legal
separation
=# 7rescription
Note The prescriptive period for filing of an action for legal
separation in the 7hilippines is @ years from the time of the
occurrence of the case 4Art# @>, -C6
Chapter 11
Status of Children
Conflict rules in determinin. le.itimac+ of children
/# 'f the parents are of the same nationality E their
common personal law 4national law or law of
domicile6 will be applied
0# 'f the parents are of different nationalities E
personal law of the father governs
Le.itimate and ille.itimate children under Philippine
internal law
/# Legitimate children E children conceived or born
during the marriage of the parents
0# 'llegitimate children E children conceived and born
outside a valid marriage
%& Children born of void marriages under
Article 1= 4psychological incapacity6 and
Article @1 4those born of the first marriage
of parties before said first marriage had
been annulled or declared void, and who
marry a second time without delivering
the presumptive legitime of the children of
their first marriage are considered
L8%'T'(AT8 CF'LD)8!
Law .overnin. the ri.hts and duties between parent
and child
/# 'f the child is legitimate E either the common
personal law of the parents or the personal law of
the father if the parents are of different
nationalities governs
0# 'f the child is illegitimate E The personal law of the
mother is decisive, C!L8SS the child is
subse2uently recogni&ed by the father, in which
case the rules on legitimate children will be applied
<octrine of immutabilit+ of status
The status of a child 4whether legitimate or illegitimate6 is
not affected by a subse2uent change of nationality of the
parents
$ut the rights an duties of parent and child would
after the parents: change of nationality, be
governed by the new national law of the parents
Le.itimation) defined
A process whereby children who in fact were not born in
lawful wedlock and should therefore be ordinarily considered
illegitimate children are by fiction of law and upon
compliance with certain legal re2uirements, regarded by law
as ;legitimate,< it being supposed that they were born after
their parents had already been validly married#
Conflicts rules on le.itimation of children
/# The re2uisites of legitimation are generally
considered those prescribed by the national law of
the parents, and if the latter have different national
laws, the national law of the father
0# 'n countries following the domiciliary theory, law of
the domicile of the parents, or in proper cases, the
law of the domicile of the father should govern

Philippine internal law on le.itimation of children
,Articles 1==21A2) >C-
'e(uisites for le.itimated children
/# The child was conceived A!D born outside lawful
wedlock
0# The parents at the time of the child:s conception,
were not dis2ualified by any impediment to marry
each other
Note Legitimation creates a permanent 4immutable6 status
of the child
Adoption
An act, which establishes a relationship of paternity and
filiation and in so doing, endows the child with legitimate
status
Law which determines whether the relationship of
adoption has been created or not
/# The child:s personal law
0# 'f the child does not reside in the country of his
citi&enship E the personal law of the adopter will
govern, or the personal law of the adopter and that
of the child will be applied concurrently
Law which determines the le.al effects of adoption
The legal effects of adoption are determined by the same
law that created the relationship of adoption
Adoption b+ aliens in the Philippines
Cnder )A ?@@0 or the Domestic Adoption Act of /BB?, aliens
4who are not even former -ilipino citi&ens6 can adopt in our
country, provided
/# The have the same 2ualifications as those re2uired
of -ilipino citi&ens
0# Their countries have diplomatic relations with our
country
1# They have been living in the 7hilippines for at least
1 years prior to the filing of the petition for
adoption, and maintain such residence until the
adoption decree is entered
9# The have been certified by their diplomatic or
consular offices or by any appropriate government
agency that they have the legal capacity to adopt
in their own countries and
@# Their government allows the adopted child to enter
their own country as their adopted child
Special aliens who can adopt under 'A A772
/# A former -ilipino citi&en who seeks to adopt a
relative within the 9
th
degree of consanguinity or
affinity
0# "ne who seeks to adopt the legitimate son or
daughter of his or her -ilipino spouse
1# "ne who is married to a -ilipino citi&en and seeks
to adopt *ointly with his or her spouse a relative
within the 9
th
degree of consanguinity or affinity of
the -ilipino spouse
These aliens need not comply with the residency in the
7hilippines and they also need not submit a certification that
they have the capacity to adopt from the diplomatic or
consular office of their country in the 7hilippines or any
other government agency
Note )A ?@@0 still re2uires that the 4alien6 husband and
wife must *ointly adopt# Fowever in cases where the
spouses are legally separated, the husband or the wife can
adopt alone, and the consent of the other spouse to an
adoption filed by one spouse is not necessary
Nature of adoption in Philippine law
/# Adoption proceedings are always *udicial an din
rem, i#e#, publication is re2uired
0# A mere agreement of adoption between the
adopters and the parents of the child is not a valid
adoption, nor the fact that the child had been
adopted de facto 4ampon6 by the alleged adopting
parents
1# !either is mere registration of the child in the civil
registry as the child of the adopter a valid
adoption# This even amounts to the crime of
simulation of birth
9# The capacity and right of the adopter to file a
petition for adoption are governed by the law in
force at the time the petition is filed, and cannot be
impaired by a new law dis2ualifying him or her for
adoption
'eco.nition of a forei.n decree of adoption
,hile there is no provision of law nor *urisprudence
e.pressly re2uiring the 7hilippines to recogni&e a foreign
decree of adoption, it is believed that under Sec# 9? of )ule
1B of the )ules on Civil 7rocedure, we can recogni&e such
foreign decree of adoption provided the foreign court had
*urisdiction to render said decree, and that there is no want
of notice, collusion, e.trinsic fraud, or clear mistake of law
or fact leading to the foreign decree of adoption
<oes adoption confer on the adopted child the
citi8enship of the adopterH
!o# Adoption does not confer on the adopted child the
citi&enship of the adopter# Adoption is a matter political and
not civil in nature, and the ways in which it should be
conferred are outside the ambit of the Civil Code#
Chapter 13
/ills) succession) and administration of the estate of
deceased persons
"wo theories or s+stems in determinin. the proper
law for the transmissions of successional ri.hts
/# 0nitar+ or sin.le s+stem E only one law
determines transmission of real as well as personal
properties
0# Split or scission s+stem E Succession to real
property is governed by the le. situs, while
succession to movable or personal property is
governed by the law of the domicile of the
deceased at the time of his death
Note 'n the 7hilippines, we follow the unitary or single
system, in that Article /= of the !CC applies the
national law of the deceased, whatever may be the
nature of the property and regardless of the country
where the property is found
%*trinsic v. intrinsic validit+ of wills
%*trinsic validit+ Intrinsic validit+
-orms and solemnities of
wills
Substance of wills
Deals with the forms and
solemnities in the making of
Concerns itself with
/# "rder of succession

wills which include
/# Age and
testamentary
capacity of the
testator
0# -orm of the will
4notarial or
holographic6 etc
0# Amount of
successional rights,
and other matters
of substance
Conflicts rules in the Philippines on e*trinsic validit+
of wills
/# 'f a -ilipino makes a will abroad - he may comply
with the formalities of 7hilippine law 4le. nationalii6
or the le. loci celebrationis 4the law of the place
where he was at the time of the e.ecution of the
will6 E Art# ?/@, !CC
0# 'f an alien makes a will abroad - he may comply
with the formalities of his le. nationalii 4law of the
country of which he is a citi&en, the le. domicilii
4law of his domicile5, or the le. loci celebrationis
1# 'f an alien makes a will in the 7hilippines E he may
comply with the formalities of his own country 4le.
nationalii6 or of 7hilippine law 4le. loci
celebrationis6
9# Folographic wills E must be entirely written, dated,
and signed by the hand of the testator# 't is sub*ect
to no other form and may be made in or out of the
7hilippines and need not be witnessed 4Art# ?/5,
!CC6
Conflicts rules on $oint wills
/# -ilipinos cannot make *oint wills whether he or
abroad
0# +oint wills made by aliens shall be considered valid
in the 7hilippines if valid according to their le.
nationalii or le. domicilii or if valid under le. loci
celebrationis
1# +oint wills made by aliens in the 7hilippines are
void even if valid under their le. nationalii or le.
domicilii in order that our public policy on *oint wills
may not be militated against
9# A *oint will e.ecuted by an alien and a -ilipino
citi&en abroad will be valid even as to the alien 4if
his national law or law of his domicile or le. loci
celebrationis allows it6 but void as to the -ilipino
Conflicts rules on intrinsic validit+ of wills
/# le. nationalii E in countries that follow the
nationality theory
0# le. domicilii E in countries that follow the
domiciliary theory
/hat .overns the intrinsic validit+ of wills in the
Philippines
The !CC applies the le. nationalii of the decedent
!ote in case of conflict between the nationality
theory and the domiciliary theory, we can treat the
case as one of ;renvoi< so that we can still apply
7hilippine law even if the deceased was a citi&en of
another country
Conflicts rules if a person dies intestate
/# 'n civil law countries E the national law of the
decased applies
0# 'n common law countries E the le. domicilii of the
deceased at the time of death applies with respect
to personalty, while the le. situs applies with
respect to real property
Conflicts rules on revocation of wills
/# Cnder Art# ?0B of the !CC, a revocation done
outside the 7hilippines by a person who does not
have his domicile here is valid if done according to
4/6 The law of the place where the will was
made 4le. loci celecbrationis6 or
406 The law of his domicile at the time of
revocation 4le. domicilii6
!ote ignores the law of the place of
revocation
0# 'f the revocation is done in the 7hilippines, it is
valid if made in accordance with the provisions of
our CC
1# 'f the revocation is done outside the 7hilippines by
a person who is domiciled here, it is valid if made
in accordance with our law 4le. domicilii6 or le. loci
actus of the revocation 4the place where the
revocation was made6
Probate) defined
7robate is the process of proving before a competent court
the due e.ecution of a will, that the testator was possessed
of testamentary capacity, and the approval by said court of
the will
Conflict rules on probate of wills
/# The allowance of disallowance of a will is
essentially procedural, so that the law of the forum
applies to all procedural matters
0# Art. A1A) 1
st
par ;now will shall pass either real
or personal property unless it is proved and
allowed in accordance with the )ules of Court<
1# There is no period of prescription for the probate of
a will
9# ,ills proved and allowed in a foreign country
according to the laws of each country may be
allowed, filed, and recorded by the proper court in
the 7hilippines
@# Although a foreign will had already been probated
in a foreign country, it still has to be reprobated in
the 7hilippines in accordance with our procedural
law it is sufficient to ask for the enforcement of
the foreign *udgment of the probate abroad
=# The evidence necessary for the probate or
allowance of wills which have been probated
outside the 7hilippines are
4/6 The due e.ecution of the will in
accordance with the foreign law because
we cannot take *udicial notice of foreign
laws
406 The testator had his domicile in the
foreign country where the will was
probated
416 The will had been admitted to probate in
said country
496 The foreign tribunal is a probate court
4@6 The laws of the foreign country on
procedure and allowance of wills were
followed
Administration of estate of deceased persons
Administration is the process of determining and reali&ing
the assets of a deceased person, the payment of the debts
of the estate, and the actual distribution of the residue to
the heirs
Conflicts rules on administration of estate of
deceased b+ persons
Lesley Claudio 4A 05/06 7age /@ of 00

/# Administration is procedural in nature# 't is the le.
fori that governs not the law that determines how
the estate of the deceased is to be distributed
0# 'n charge of the administration is the e.ecutor or
an administrator with a will anne.ed or an
administrator
%*ecutor Administrator
with a will
anne*ed
Administrator
Appointed by
testator in
his will
Appointed by
the court if
there is a will
but no e.ecuted
is designated
therein
Appointed by
the court if
there is no will
1# The e.ecutor is 2ualified, and the administrator of
the estate is appointed, by the court of the country
where the deceased was domiciled at the time of
his death, or if he was a non-domiciliary, the
country where his properties are found
9# The rights, powers, and duties of the e.ecutor or
administrator are coe.tensive with the territorial
*urisdiction of the court that 2ualified or appointed
him
@# 7rincipal domiciliary administration v# ancillary
administration
Principal domiciliar+
administration
Ancillar+
administration
Administration granted
in the country of the
deceased:s last domicile
Administration in other
countries where the
deceased also left
properties
=# The domiciliary administrator of the estate of a
deceased American citi&en in the CS has no power
over and is not entitled to the possession of the
stock certificates of shares of stock by the
deceased in a 7hilippine corporation, which
certificates must be delivered to the ancillary
administrator
Caduciar+ ri.hts of state in Conflict of Laws
There are two theories adopted by different states so that
they may claim the properties left by a deceased who left
no heirs and no will
/# Some countries adopt the theory that such
properties have become ownerless 4bona vacantia6
hence they should revert to the State where they
are situated by escheat
properties pass to the State as an incident of
sovereignty, not as an heir
0# 'n the 7hilippines and some civil law countries E
the theory adopted is that the State is the last heir
of a deceased person# Fence, the State succeeds
to the properties left by said deceased as an heir#
Chapter 17
P'5P%'"I
Conflict rules on real propert+ and personal propert+
G' le. situsG le. re sitae law of the place where the
property is located
5ld rule on law on personal propert+4movables 2
Bobilia se(uuntur personam
7ersonal effects or belongings of owner carried with
him wherever he went#
%iven artificial status since did not have fi.ed status
E personal law of the owner
Philippine rule on personal properties
Art# /@ of the CC real property as well as personal
property is sub*ect to the law of the country where it is
situated
Batters .overned b+ le* situs with respect to real
propert+
/# 8.trinsic validity
0# 'ntrinsic validity
1# Capacity of contracting parties
9# 'nterpretation of documents
@# 8ffects of ownership
=# Co-ownership
># Accession
?# Csufruct
B# Lease
/5# 8asement
//# 3uieting of title
/0# )egistration
/1# 7rescription
/9# 7olice power
/@# 8minent domain
/=# Ta.ation
%*ceptions to the rule on le* situs with respect to real
properties
/# Succession governed by national law 4in
7hilippines6 not le. situs
0# Contracts involving real property but do not deal
with title or real rights over the property, the issue
being the contractual rights and liabilities of parties
governed by the proper law of the contract 4le.
loci voluntatis or le. loci intentionis6
1# 'n contracts where real property is given as
security by way of mortgage to secure a principle
contract 4i#e# loan6 loan is governed by the
proper law of the contract which the mortgage is
governed by the le. situs
9# ,hile the validity of the transfer of land must be
determined by the le. situs, the validity of the
contract to transfer is determined by the proper
law of the contract
'ules in .ivin. constructive situs to choses in
possession that are usuall+ in motion
?%SS%LS
Public vessel Law of the flag
Private or commercial
vessel
Law of the country or
place of registry
If vessel is doc#ed at a
forei.n port
Said port is deemed as its
temporary situs
G55<S IN "'ANSI"
As to liabilit+ for loss)
destruction) or
deterioration of .oods
in transit
Law of destination 4Art#
/>19, CC6
"he validit+ and effect
of sei8ure of .oods in
transit
Law of the place where
the goods were sei&ed
4temporary situs6
<isposition or
alienation of .oods in
7roper law of the contract
4le. loci voluntatis or le.
Lesley Claudio 4A 05/06 7age /= of 00

transit loci intentionis6
'ules in .ivin. constructive situs to intan.ible
personal properties or choses in action
C'%<I"S 5' <%E"S
Involuntar+ transfer of
assi.nment of a debt
,.arnishment-
The situs of the place
where the debtor may be
served 4usually his
domicile6
?oluntar+ assi.nment
or transfer of credit
The proper law of the
contract 4the proper law of
the original transaction
out of which the chose in
action or credit arose6
5ther theories6
/# The law of the
place where the
assignment is
e.ecuted
0# The law of the
place where
performance or
payment is
normally
e.pected
1# The national law
of the parties
Situs of a debt for
ta*ation purposes
Domicile of creditor
Administerin. debts Situs is the place where
the assets of the debtor
are situated
N%G5"IAEL% INS"'0B%N"S
"he law that
determines whether
the instrument is
ne.otiable or not
Law governing rights
embodied in the
instrument
!ote American
)estatement claims that
the situs is the place
where the instrument was
e.ecuted
"he law that
determines the validit+
of the transfer)
deliver+) or ne.otiation
of the ne.otiable
instrument
The law of the situs of the
instrument at the time of
transfer, delivery, or
negotiation
S!A'%S 5> S"5CJS 5> C5'P5'A"I5NS
Sale of shares of stoc#s Law of the place of
incorporation since
transfer is recorded in the
books of the corporation
Sale of corporate
shares as between the
parties
%overned by the proper
law of the contract 4le.
loci voluntatis or le. loci
intentionis6
"a*ation on dividends
received b+ corporate
shares
Law of the place of
incorporation
>'ANC!IS%S
>ranchises
- special privileges
conferred by the
government on an
individual or corporation
Law of the state that
granted them
Goodwill of a business
Goodwill of business
-Art# @0/, !CC property
and may be transferred
together with the right to
use the name under which
the business is conducted
FGoodwillG
-The patronage of any
established trade or
business
%ood will of business and
ta.ation thereon are
governed by the law of
the place where the
business is carried on
Patents) cop+ri.hts) trademar#s) trade names)
and service mar#s
Patents) cop+ri.hts)
trade mar#s) trade
names
G' in the absence of a
treaty, protected only by
the state that granted or
recogni&ed them
Art. 72C) NCC a trade
mark or a trade name duly
registered in the proper
government bureau or
office is owned by and
pertains to the person,
corporation, or firm
registering the same,
sub*ect to the provisions
of special laws
Intellectual propert+
Code Any foreign
corporation being a
national or domiciliary o a
country which is a party to
a convention, treaty, or
agreement related to
intellectual property rights
to which the 7hilippines is
also a party or which
e.tends reciprocal rights
to our nationals by law,
;shall be entitled to the
benefits to the e.tent
necessary to give effect to
any provision of such
convention#<
- -oreign corporation even
if not engaged in business
in the 7hilippines may
nevertheless bring a civil
or administrative action,
for opposition,
cancellation, infringement,
or unfair competition#
Chapter 19
C5N"'AC"S
Contract) defined
Art# /15@, !CC (eeting of minds between two persons
whereby one binds himself, with respect to the other, to
give something or to render some service#
The specific sub*ect of contract in Conflict of Laws
is limited to purely civil or commercial transactions#
Lesley Claudio 4A 05/06 7age /> of 00

Conflicts rules in determinin. e*trinsic validit+ of
contracts
G' the e.trinsic validity of contracts is governed by the le.
loci celebrationisG le. loci contractus
?ariations to the rule of le* loci intentions in
determinin. e*trinsic validit+ of contracts
/# A contract entered into by parties in two different
countries by cablegram, tele., or fa.
Art. 111@ par. 26 Acceptance made by
letter or telegram does not bind the
offeror e.cept from the time it came to his
knowledge# The contract in such a case is
presumed to have been entered in the
place where the offer was made
American law6 contract is deemed
entered into in the place where the
acceptance of the offer is posted or mailed
0# 7lace of e.ecution was merely casual or accidental
The law which has the most significant
relationship to the transaction should be
applied
1# ,%&- ,hen the le. loci contractusGle. loci
celebrationis contravenes an established and
important policy of the forum, or to apply it would
work gross in*ustice to the people of the forum, or
if the transaction is contra bonos mores
Conflict rules in determinin. capacit+ of parties to a
contract
G' Capacity to enter into contracts is generally governed
by the personal law of the parties
'n 7hil#, Art# /@ !CC Capacity of a -ilipino
is governed by 7hilippine law 4nationality theory6
%& Contracts involving alienation or encumbrance of
property both real and personal capacity is governed by
the le. situs
Conflict rules in determinin. intrinsic validit+ of
contracts
/# G' 'ntrinsic Aalidity of contracts is governed by
the proper law of the contract E le. loci voluntatis
or le. loci intentionis
0# American Law 4Second )estatement6
4/6 law to be applied should be the law
chosen by the parties
406 'f none, the law of the state which has the
most significant relationship to the parties
or to the transaction
1# 7rof# )aleigh (inor E advocates application of
different laws
4/6 As to the perfection of contract le. loci
celebrationis
406 As to the validity of the consideration E
le. loci considerationis
416 As to 2uestions of performance E le. loci
solutionis
Philippine conflict rules on intrinsic validit+ of
contracts
/# ,e have no specific provision of law applicable to
conflict rules on the intrinsic validity of contracts
Fowever the policy of our law is to give
effect to the intention of the parties
0# ,e should apply the proper law of the contract 4le.
loci voluntatis 4e.press6 or le. loci intentionis
4implied6
Limitations to the court;s choice of law in determinin.
the intrinsic validit+ of contracts
/# %enerally, the parties cannot select a law that has
no connection at all with the transaction
0# 'f the law selected should change, it is the new law
that should be applied
%& Change of new law is so revolutionary
that it could never have been
contemplated by parties
1# Several laws may be selected, each of which will
govern the different elements of the transaction
9# 'f under the selected law, the contract is legal but
in the place of performance, it is illegal, the
selected law should prevail 4valid contract6
@# 3uestions of substantial and essential validity
4void, valid, voidable6 of the contracts should be
governed by the proper law of the contracts
(inor details time of payment, etc#
should be governed by the law of
performance
=# 7arties cannot stipulate on the *urisdiction of the
courts our oust or court:s *urisdiction
># The parties cannot contract away applicable
provisions of law
?# American law recogni&es cognovit clauses if the
parties were of e2ual bargaining power and debtor
and the debtor voluntarily agreed to said clause
Co.novit clauses specify which courts
would have *urisdiction in case of breach
or default in payment, or it may waive
debtor:s right to notice 4confession of
*udgment6
%*trinsic
validit+
Capacit+
of
parties
Intrinsic
validit+
Earter) sale)
donation
Le. situs Le. situs Le. situs
Lease of
propert+6
creates real
ri.hts
Lease of
propert+6
does not
create real
ri.hts
Le. loci
celebrationis
7ersonal
law of
the
parties
Le.
voluntatis
or le. loci
intentionis
Pled.e)
chattel
mort.a.e)
real estate
mort.a.e)
antichresis
Contract of
loan6 mutuum
Le. loci
celebrationis
7ersonal
law of
the
parties
Le. loci
voluntatis
or le. loci
intentionis
Contract of
loan6
commodatum
Le. situs Le. stius Le. situs
Lease of
service)
a.enc+)
.uarant+)
suret+ship
Note6 Agency
Le. loci
celebrationis
7ersonal
law of
parties
Le. loci
volntatis
or le. loci
intentionis
Lesley Claudio 4A 05/06 7age /? of 00

to alienate or
encumber real
property is
governed by le.
situs
Contract of
transportation
or carria.e
,render
services-
Le. loci
celebrationis
7ersonal
law of
parties
Le. loci
voluntatis
Liability for loss, destruction,
deterioration of goods in transit law
of destination of goods 4Art# />@1,
!CC6
'f C"%SA applies, limiation on
liability applies, unless the shipper
declares value of goods and inserts
such declaration in the bill of lading
Contract for air transportation
,/arsaw Convention-
/# The liability of the airline in
case of death, in*ury to
passengers, or loss or damage
to cargo is governed by ,arsaw
Convention
0# 'f there was malice, gross
negligence, or bad faith, or
improper discrimination, carrier
is liable for damages beyond
those limited by ,arsaw
Convention
!ote if contracts involve encumbrances of property,
real or personal, apply le. situs# 'f personal contracts,
law on contracts will apply
Chapter 1=
"5'"S
"ort) defined
Legal wrong committed upon person or property
independent of contract
Spanish law 2uasi delictGculpa a2uiliana fault or
negligence
American law broader fault or negligence and
also those committed with malice or willful intent
Concept of tort in the Philippines
$lending of both Spanish and American laws
Art. 2C NCC 8very person who, contrary to law,
willfully or negligently causes damage to another,
shall indemnify the latter for the same#
Art. 21=9 NCC ,hoever by act or omission
causes damage to another, there being fault or
negligence, is obliged to pay for the damage done#
Such fault or negligence, if there is no pre-e.isting
contractual relation between the parties, is called a
2uasi-delict and is governed by the provisions of
this Chapter#
Law .overnin. liabilit+ for torts in Conflict of Laws
Liability for torts in general is governed by the le. loci delicti
commissi 4law of the place where the delict or wrong was
committed6
State where the social disturbance occurred has
the primary duty to redress the wrong and
determine the effects of the in*uryD and
To compensate victim for the damage or in*ury
suffered
"hree theories in determinin. locus delicti
/# Civil law theor+ E The locus delicti is the place
where the act began
0# Common law theor+ E The locus delicti is the
place where the wrongful act became effective
1# "heor+ of <r. 'abel E The locus delicti is the
place which has the most substantial connection
with the wrongful act
Bodern theories in determinin. liabilit+ for torts
/# State of the most si.nificant relationship E the
rights and obligations of parties in a case of tort is
determined by the local law of the state which,
with respect to the particular issue, has the most
significant relationship to the occurrence and the
parties
0# "he interest2anal+sis approach E This approach
considers the relevant concerns that two or more
states may have in the case and their respective
interests in applying their laws to it
'f however, the case poses a real conflict
between two or more States, if the
interested forum finds that he other State
has a greater claim in the application of its
law to a given case, the forum should
yield and apply the law of the other state#
'f the forum is disinterested in the case, it
can dismiss the same on the ground of
forum non conveniens
'n short, the state which has the more
relevant and weighty interests in the case
should be considered the locus delicti

1# Davers principle of preference E Cnder this
theory, a higher standard of conduct and financial
protection given to the in*ured party by one state
is applied by the State where the in*ury happened,
if the latter state adopts a lower standard of
conduct and financial protection to the in*ured
Conflict rules on maritime torts
/# 'f the tort is committed abroad a public vessel,
whether on the high seas or in foreign territorial
waters, the law of the flag is the le. loci delicti
commissii
0# 'f the tort is committed aboard a private or
merchant vessel on the high seas, the law of the
registry is the le. loci delicti commissii
1# 'f two vessels collide and are from the same state,
the law of registry is the le. loci delicti commissii
9# 'f the vessels come from different states with
identical laws, apply said identical laws
@# 'f the vessels come from different states with
different laws, the le. loci delicti commissii is the
general maritime law as understood and applied by
the forum where the cas eis filed
>orei.n tort to be actionable4sub$ect of an action for
dama.es in the Philippines : 'e(uisites4Conditions
/# (ust ac2uire *urisdiction over the defendant 4action
for damages is action in personam6
0# -oreign tort must not be penal in character
1# The enforcement of the tortuous liability should not
contravene our public policy
Lesley Claudio 4A 05/06 7age /B of 00

9# "ur *udicial machinery must be ade2uate for such
enforcement
!ote all procedural matters are governed
by the le. fori 7hil law6#
Substantive matters are governed by the
le. loci delicti commissii, thus
4/6 7eriod of prescription of the
action is governed by le. loci
delecti commissii because in
7hilippine law, prescription is
substantive not procedural
406 7roper parties, measure of
damages, and the 2uestion
whether the acts complained of
is considered the pro.imate
cause of the in*ury are
governed by the le. loci delicti
commissii
416 The burden of proof and
defenses that may be
interposed by defendant are
also governed by le. loci delicti
commissii
Chapter 1A
C'IB%S
"ort v. Crime
"ort Crime
$oth are wrongs
Aiolates private rights Committed against state
'nstituted by in*ured person
against wrongdoer in civil
case, the purpose of which
is indemnification for
damages suffered
7rosecuted in the name of
the State against the
offender in criminal actions
for the purpose which are
protection and vindication of
interests of the public as a
whole, punishment of the
offender, the reformation of
offender, or to deter others
from committing the same
act
Transitory in character E
tortfeasor can be made
liable for his wrongful act in
any *urisdiction where he
may be found
Local in character and can
be prosecuted only in the
place or states where the
crimes are committed
!ote The determination of whether a wrongful act is a tort
or crime depends on the characteri&ation of the act in the
state where said act is committed
<ifferent theories that determine whether a state or a
le.al s+stem has $urisdiction to ta#e co.ni8ance of
criminal cases
"erritorial theor+
Cnder this theory, the state
where the crime was
committed has *urisdiction
to try the case, and its penal
code and the penalties
described therein will apply
Sub$ective territorial
principle
The state where the crime
was begun may prosecute
the same, even if it was
completed in another state
5b$ective territorial
principle
The state can prosecute
crimes began abroad but
completed within its territory
Nationalit+ or personal
theor+
The country of which the
criminal is a citi&en or
sub*ect has *urisdiction to
try him for crimes allegedly
committed by him, whether
inside or outside its
territory, provided it is a
crime under said country:s
penal law
Protective theor+ Any state whose national
interests may be *eopardi&ed
has *urisdiction over criminal
offenses, even if it is
committed outside its
territory and even if
committed by an alien
'eal or eclectic theor+ Any state whose penal code
has been transgressed upon
has *urisdiction, whether the
crime was committed inside
or outside its own territory
Cosmopolitan or
universalit+ theor+
Any state where the criminal
is found or which has
obtained custody over him
can try him, unless
e.tradition applies
Passive personalit+ or
passive nationalit+ theor+
The state of which the victim
is a victim or sub*ect has
*urisdiction to prosecute the
offense

!ote 'n the 7hilippines, we follow as a %8!8)AL )CL8 the
territorial theory, and by way of 8HC87T'"!, the protective
theory
Cases where we follow the protective theor+
Art# 0, )7C 8.cept as provided in the treaties and laws of
preferential application, the provisions of this Code shall be
enforced not only within the 7hilippine Archipelago,
including its atmosphere, its interior waters and maritime
&one, but also outside of its *urisdiction, against those who
/# Should commit an offense while on a 7hilippine
ship or airshipD
0# Should forge or counterfeit any coin or currency
note of the 7hilippine 'slands or obligations and
securities issued by the %overnment of the
7hilippine 'slandsD
1# Should be liable for acts connected with the
introduction into these islands of the obligations
and securities mentioned in the preceding numberD
9# ,hile being public officers or employees, should
commit an offense in the e.ercise of their
functionsD or
@# Should commit any of the crimes against national
security and the law of nations
urisdiction over crimes committed on board a forei.n
vessel if said vessel is within territorial waters
%n.lish 'ule >rench 'ule
8mphasi&es territorial
principle
8mphasi&es nationality
theory

The territory where the
crime was committed will
have *urisdiction 8HC87T
/# 'n matters relating
to internal order
and disciple of the
vessel and
0# Those which affect
solely the ship and
its occupants such
as minor or petty
criminal offenses
committed
The State whose flag is
flown by the vessel has
*urisdiction 8HC87T
if the crime affects the
peace, order, security, and
safety of the territory
!ote Cnder Art# 0> of C!CL"S, 7hilippine courts do not
ac2uire *urisdiction over crimes committed on board a
vessel even if it is within our territorial waters as long as the
effect of such crime does not disturb our peace and order#
This is similar to the -rench rule#
Chapter 1@
E0SIN%SS ASS5CIA"I5NS
Corporation) defined
Sec# 0 of Corporation Code An artificial being created by
operation of law, having the right of succession and the
powers, attributes, and properties e.pressly authori&ed by
law or incident to its e.istence
>orei.n corporation) defined
Sec# /01 of Corporation Code "ne formed, organi&ed, or
e.isting under any laws other than those of the 7hilippines
and whose laws allow -ilipino citi&ens and corporations to do
business in its own country or state
"heories in determinin. the personal law or
.overnin. law of a corporation
/# The theory that the personal law is the law of the
place of incorporation
0# The theory of the place or center of management
1# The theory of the place of e.ploitation
!ote 'n the 7hilippines, we follow the theory of the place of
incorporation
<omicile of a corporation
Art# @/ of !CC ,hen the law creating or recogni&ing them,
or any other provision does not fi. the domicile of *udicial
persons, the same shall be understood to be the place
where their legal representation is established or where
they e.ercise their legal functions
Cnder Corporation Code, the place of incorporation
of a 7hilippine corporation is also its domicile
As for a foreign corporation that has been granted
a license to operate or to do business in the
7hilippines, it ac2uires domicile in this country by
virtue of said license
%*ceptions to the theor+ that the personal law or the
nationalit+ of a corporation follows the place of its
incorporation
/# -or constitutional purposes E even if a corporation
was incorporated in the 7hilippines, it cannot
e.ploit or develop our natural resources nor
operate public utilities unless =5I of the capital is
-ilipino owned 4Constitution6
0# -or wartime purposes E ,e adopt the control test
we pierce the veil of corporate identity and go
into the nationality of the controlling stockholders
to determine whether a corporation is an enemy
corporation
Batters that are .overned b+ the personal law of the
corporation
/# )e2uisites for the formation of the corporation
0# )e2uired number of incorporators and the
members of the board of directors
1# The kinds of shares of stock allowed
9# The transfer of stocks
@# The issuance, amount, and legality of dividends
=# The powers and duties of the officers, stockholders,
and members
Law that determines the validit+ of corporate acts and
contracts
Determined by the place of incorporation A!D by the law of
the place of performance
Ba+ a forei.n corporation sue and be sued in the
PhilippinesH
Jes, if it has the necessary license to do business in the
7hilippines# The license is re2uired not to forbid the foreign
corporation from performing single acts but to prevent it
from ac2uiring a domicile for purposes of business without
taking the steps necessary to render it amenable to suit in
the local courts
urisdiction over forei.n corporations doin. business
in the Philippines) how ac(uired
$y service of summons on
/# 'ts resident agent
0# 'f no such agent, on the government official
designated by law to that effectD or
1# "n any of its officers or agents within the
7hilippines 4)ules of Court6
Status of a contract of a forei.n corporation who
transacts business here without the necessar+ license
Cnenforceable, but the person who contracted with the
corporation may be in estoppel if he had received benefits
from contract
Instances when a forei.n corporation not doin.
business in the Philippines can sue in Philippine
courts
/# 'solated transactions
0# To protect its reputation, corporate name, and
goodwill
1# -or infringement of trademark or trade name
Law that applies to multinational or transnational
corporations
These are actual branches of big mother corporations# The
branches having incorporated in the states where they are
established are governed by the internal law of said states,
and their personal laws are the local laws of host states
Partnership
A partnership e.ists when two or more persons bind
themselves to contribute to money, property, or industry to
a common fund, with the intention of dividing the profits
among themselves 4Art# />=>, !CC6
Lesley Claudio 4A 05/06 7age 0/ of 00

A partnership, like a corporation, has a *uridical
personality separate and distinct from that of each
of the partners
Personal or .overnin. law of a partnership
Law of the country where it is created
<omicile of a partnership
Art# @/ of !CC The place where their legal representation is
established or where they e.ercise their principal functions
Chapter 2C
'%C5GNI"I5N AN< %N>5'C%B%N" 5> >5'%IGN
0<GB%N"S
%nforcement v. reco.nition
%nforcement of forei.n
$ud.ment
'eco.nition of forei.n
$ud.ment
(eans that the plaintiff or
petitioner wants the court to
positively carry out and
make effective the foreign
*udgment
(eans that eh defendant or
respondent is presenting the
foreign *udgment on the
basis of res *udicata
'mplies an act of
sovereignty
'nvolves merely a sense of
*ustice
)e2uires separate action or
proceeding brought precisely
to make foreign *udgment
effective
$eing a matter of defense,
recognition needs no action
or proceeding but implies
that an action or proceeding
has already been filed
against the defendant who is
invoking the foreign
*udgment
8nforcement cannot e.ist
without recognition
)ecognition does not need
or does not re2uire
enforcement
'easons wh+ a local court in the Philippines ma+
refuse to reco.ni8e or enforce a forei.n $ud.ment
/# The re2uisite proof of the foreign *udgment may
not have been presented
The manner of proving a foreign *udgment
is the same as proving a foreign law
0# The foreign *udgment may contravene a recogni&ed
and established policy in our country
1# The administration of *ustice in the country where
the *udgment came from may be shockingly
corrupt or not beyond reproach
Conditions or re(uirements before a local court in the
Philippines can enforce or reco.ni8e a forei.n
$ud.ment
/# There must be ade2uate proof of the foreign
*udgment
0# The *udgment must be on a civil or commercial
matter, not on a criminal, revenue, or
administrative matter
1# There must be !"
4/6 Lack of *urisdiction
406 ,ant of notice
416 Collusion
496 Clear mistake of law or fact
9# The foreign *udgment must not contravene a sound
and established public policy of the forum
@# The *udgment must be res *udicata
4/6 The *udgment must be final
406 -oreign court must have *urisdiction over
sub*ect matter and parties
416 The *udgment must be on the meritsD and
496 There was identity of parties, sub*ect
matter, and cause of action
%ffects of forei.n $ud.ments in the Philippines under
'ules of Court
Sec# 9?, )ule 1B, /BB> )ules on Civil 7rocedure provides
The effect of foreign *udgment or final order of a foreign
country, having *urisdiction to render the *udgment or final
order is as follows
4a6 'n case of a *udgment or final
order upon a specific thing, the *udgment or final
order is conclusive upon the title to the thing and
4b6 'n case of a *udgment or final
order against a person, the *udgment or final
order is presumptive evidence of a right as
between the parties and their successors in
interest by a subse2uent title
'n either case, the *udgment or final order may be repelled
by evidence of a want of *urisdiction, want of notice to the
party, collusion, fraud, or clear mistake of law or fact#

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