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X and Y entered into a contract in Australia, whereby it was agreed that X would build a commercial building for Y in the Philippines, and in payment for the construction, Y will transfer and convey his cattle ranch located in the United States in favor of X. What law would govern: a) The validity of the contract? As a general rule, the extrinsic validity of contract is governed by the lex loci celebrationis, otherwise called lex loci contractus. Art.17 of the Civil Code of the Philippines provides that “the forms and solemnities of contracts, wills and other public instruments shall be governed by the laws of the country in which they are executed”.
b) The performance of the contract? The policy of our law is to give effect to the intention of the parties. Indeed, the parties may establish in their contracts such terms and conditions as they may deem convenient, provided they are not contrary to law, morals, good customs or public policy (Art.1306, New Civil Code). We should apply, lex loci voluntaris or lex loci intentionis, as determined by many factors, especially the law that has the most substantial connection with the transaction, or the law that may be presumed to have been intended by the parties to bind their transactions. c) The consideration of the contract? The law to be applied is lex situs or the law of the place. 2. Juan is a Filipino citizen residing in Tokyo, Japan. State what laws govern: 1. His capacity to contract marriage in Japan, Art. 15 of the New Civil Code provides, Laws relating to family rights and duties, or the status, condition and legal capacity of persons are binding upon citizens of the Philippines, even though living abroad.
2. His successional rights as regards his deceased Filipino father’s property in Texas, U.S.A. In the Philippines, we follow, the unitary or single system, in that Art.16 of the New Civil Code 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.
3. The extrinsic validity of the last will and testament which Juan executed while sojourning in Switzerland.
conflicts rules on the intrinsic validity of wills are determined by the lex nationalii of the deceased in countries that follow the nationality theory. 3. then domiciled in Los Angeles. Felisa questions the intrinsic validity of the will. New Civil Code). B. and such other matters that fall under the term “substance” as distinguished from “forms and solemnities” of wills. The divorce decree became final under California Law.815. Felipe married Sagundina. Bulacan on June 1. she claims that the properties and that Sagundina has no successional rights. Philippine law can be applied. it can’t be recognizable Reason: If the husband changes alone his nationality after the marriage. The intrinsic validity of said will. Felipe and Felisa. who was duly notified of the proceedings. Coming back to the Philippines in 1982. Filipe. California. the law of the last common nationality of the spouses would govern. and by the lex domicilii at the time of death. arguing that her marriage to Felipe subsisted despite the divorce obtained by Felipe because said divorce is not recognized in the Philippines. the amount of successional rights each heir gets. 4. Intrinsic validity concerns itself with the order of succession. and another one by Sagundina. Yes. What law governs the formalities of the will? Explain. both Filipino citizens. died. Will Philippine law govern the intrinsic validity of the will? Explain.If a Filipino makes a will abroad. 1950. C. becoming a U. Sagundina files a petition for the probate of Felipe’s will. citizen in 1975. The California law would govern to the formalities of the will. In 2001. a Filipino Citizen. He left a will which he left his estate to Sagundina and his two children and nothing to Felisa. We need to apply the lex loci celebrationis. in countries that follow the domiciliary theory. A. were married in Malolos. No. In 1960 Felipe went to the United States. . In 1980 they obtained a divorce from Felisa. Is the divorce secured by Felipe in California recognizable and valid in the Philippines? How does it affect Felipe’s marriage to Felisa? Explain. To avoid prejudice to the wife would suffer a change in her rights without any free exercise of choice on her part (as provided in the Hague Convention of 1905). As a general proposition. Felipe is already Californian citizen at the time of the execution of the will.S. he may comply with the formalities of Philippine law (lex nationalii) or the lex loci celebrationis (Art. For this reason. leaving one child by Felisa.
16. sometimes with great difficulty. Leonidas. which enticed him by offering more advantageous terms.S. If an alien makes a will in the Philippines. . The plaintiff disputes this by alleging that since the contract was executed in the Philippines under whose law the age of majority is 18 years. what would be the basis of its liability. if any? We should apply the proper law of the contract in business or commercial transactions. (b) Assuming that Jacob executed a will leaving certain properties to Jane as her legitime in accordance with the law of succession in the Philippines. 50 Phil. under whose law he was still a minor.The New Civil code applies the lex nationalii in par. 5. He sets up his minority as a defense and asks for annulment of the contract on that ground. But after serving for only four months. Jacob. His first employer sues him in Manila for damages arising from the breach of his contract of employment. Forty years later. all residing in the Philippines. 2.A. Francis Albert. This is also followed by the Supreme Court in Miciano v. a citizen and resident of New Jersey. Bellis. Brimo. and is survived by several legitimate children and duly recognized illegitimate daughter Jane.2 of its Art. inherit part of the properties of Jacob under Philippine law? In civil law countries like the Philippines. married Lourdes. the suit will prosper.867. who is a recognized illegitimate child. in Berne. a Swiss national. will such testamentary disposition be valid? It depends. the couple decided to reside in the Philippines. can Jane. Three years later. Switzerland.. 20 SCRA 558. he was no longer a minor at the time of perfection of the contract. Jacob died intestate. 4. U. such that business transactions with aliens would be greatly impeded. and Cayetano v. was hired by ABC Corporation of Manila to serve for two years as its chief computer programmer. being only 20 years of age. Reason: If we apply the national law of the alien in determining his capacity to contract would require Filipinos to first ascertain what the personal law of that alien is. he resigned to join XYZ Corporation. 129 SCRA 522. Jacob subsequently acquired several properties in the Philippines with the money he inherited from his parents. Suppose XYZ Corporation is impleaded as a co-defendant. a Filipina. (a) Suppose that Swiss law does not allow illegitimate children to inherit. the national law of the deceased applies. he may comply with the formalities of his own country (lex nationalii) or the Philippine law (lex loci celebrationis). 1. Will the suit prosper? Yes. Bellis v.
Therefore. It provided for her employment for one year at a salary of US$1. a ground for annulment of marriage in England. Maris. and after a serious quarrel. 8. the claim has no merit. she was asked to sign another contract by Dragon Services. A few years after their graduation. and he validly obtained in that state an absolute divorce from his wife Maris. through its local agent. Maris followed Pedro to the United States.37 and 38”.00 a month. met and got married in England while both were taking up post-graduate courses there. and its local agent has no force of law. a Filipino citizen. and therefore binding on Alma. Alma was hired as a domestic helper in Hongkong by the Dragon Services. her marriage to Pedro and then Vincent is null and void from the beginning. she married her childhood sweetheart Pedro. (4). After Maris received the final judgment of divorce. (5) and (6). In 1989. 36. Having no other choice. she married her former classmate Vincent likewise a Filipino citizen. Under Art. when she arrived in Hongkong. Maris did not file petition for declaration of foreign divorce. Both Dragon Services. The marriage is valid. It was submitted to and approved by the POEA. The first contract signed by Alma designed by POEA has in full effect. Gene and Jane. Pedro later left for the United States and became naturalized as an American citizen. celebrated according to the formalities of Philippine law. Ltd. Jane filed an action to annul her marriage to Gene in England on the ground of latter’s sterility. One year later. No. Alma signed the contract but when she returned to the Philippines. in Tokyo in a wedding ceremony celebrated according to Japanese laws. Johnson returned to his native Nevada. the marriage is valid as long as Philippine law is concerned. she demanded payment of the salary differential of US$400.26 of the Family Code. we follow the rule of lex loci celebrationis. Maris then returned to the Philippines and in a civil ceremony celebrated in Cebu City according to the formalities of Philippine law.00 a month. an American citizen. the claim of Dragon Services. Filipino. a) Was the marriage of Maris and Johnson valid when celebrated? Is their marriage still validly existing now? Reasons. In other words. Therefore. and its local agent claimed that the second contract is valid under the laws of Hongkong. in a religious ceremony in Cebu City. despite that she received the final judgment of divorce. shall also valid in this country. Maris filed a suit and obtained a divorce decree issued by the court in the state of Maryland. which reduced her salary to only US$600. However. Ltd. married her boss Johnson.. Is their claim correct? Explain.00 a month.000. She executed a standard employment contract designed by the Philippine Overseas Workers Administration (POEA) for overseas Filipino workers. except those prohibited under Articles 35(1). 7. also a Filipino citizen. Ltd. The English court .6. Yes. they decided to annul their marriage. “all marriages outside the Philippines in accordance with the laws in force in the country where they are solemnized and valid there as such. Ltd.
There is no relevance to the case. Gene asked you whether or not he would be free to marry his former girlfriend. Nationality Theory. Mario returned to the Philippines and married Juana who knew well Mario's past life. claiming to have been abandoned by Clara. 9. family rights and obligations.S. Citizenship by their common act. In the present case. 10. Gene can validly marry his former girlfriend. U. Their new national law governed their personal relations. citizenship. California. In 1977. Therefore. condition. Reason: When Mario and Clara granted U. Three yeras later.S.A. the marriage is valid. Reason: Even if sterility is not a ground for annulment under the Family Code. their municipal law will govern as far as their personal relation is concerned. In 1989. was able to secure a decree of divorce in Reno.S. Therefore. Because “renvoi” arises when there is doubt as to whether the reference by the lex fori to the foreign law involves (1) a reference to the internal law of the foreign law or (2) a reference to the entirety of the foreign law. Therefore. The English law is the lex loci celebrationis by the reason that. were married in the Philippines. There is no foreign element in this case. Returning to the Philippines. the status and capacity of a person are determined by the law of his nationality or his national law. Domiciliary Theory whereby the status. the couple applied for. they went to United States of America and established their residence in San Francisco. and capacity of a person are governed by the law of his domicile or the lex domicilii. the parties involved in the divorce decree are both U. .S. Mario. both Filipino citizens. including its conflicts rules. In 1990. and were granted. Mario as a U.S.decreed the marriage annulled. (a) Is the marriage between Mario and Juana valid? Yes. Gene and Jane get married in England. Citizen who validly obtained divorce decree can validly marry Juana following the lex loci celebrationis. Mario and Clara. Nevada. the annulment decreed in England can be validly recognized in the Philippines to capacitate Gene to marry his former girlfriend. In 1987. What would your legal advice be? Yes. U. Distinguish briefly but clearly between: Domiciliary theory and nationality theory of personal law. citizens. (b) Would the renvoi doctrine have any relevance to the case? None.
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