You are on page 1of 4

CONFLICT OF LAWS

1. Ted, married to Annie, went to Canada to work. Five (5) years later, Ted became a naturalized
Canadian citizen. He returned to the Philippines to convince Annie to settle in Canada.
Unfortunately, Ted discovered that Annie and his friend Louie were having an affair. Deeply hurt, Ted
returned to Canada and filed a petition for divorce which was granted. In December 2013, Ted
decided to marry his childhood friend Corazon in the Philippines. In preparation for the wedding, Ted
went to the Local Civil Registry of Quezon City where his marriage contract with Annie was
registered. He asked the Civil Register to annotate the decree of divorce on his marriage contract
with Annie. However, he was advised by the National Statistics Office (NSO) to file a petition for
judicial recognition of the decree of divorce in the Philippines.
Is it necessary for Ted to file a petition for judicial recognition of the decree of divorce he obtained in
Canada before he can contract a second marriage in the Philippines?
2. Rosebud is a natural-born Filipino woman who got married to Rockcold, a citizen of State Frozen.
By virtue of the laws of Frozen, any person who marries its citizens would automatically be deemed
its own citizen. After ten years of marriage, Rosebud, who has split her time between the Philippines
and Frozen, decided to run for Congress. Her opponent sought her disqualification, however,
claiming that she is no longer a natural-born citizen. In any event, she could not seek elective
position since she never renounced her foreign citizenship pursuant to the Citizenship Retention and
Reacquisition Act (R.A. No. 9225). Is Rosebud disqualified to run by reason of citizenship?
3. Cipriano and Lady Miros married each other. Lady Miros then left for the US and there, she
obtained American citizenship. Cipriano later learned all about this including the fact that Lady Miros
has divorced him in America and that she had remarried there. He then filed a petition for authority to
remarry, invoking Par. 2, Art. 26 of the Family Code. Is Cipriano capacitated to re-marry by virtue of
the divorce decree obtained by his Filipino spouse who was later naturalized as an American
citizen? Explain.
4. John Sagun and Maria Carla Camua, British citizens at birth, acquired Philippine citizenship by
naturalization after their marriage. During their marriage, the couple acquired substantial
landholdings in London and in Makati. Maria begot three (3) children, Jorge, Luisito, and Joshur. In
one of their trips to London, the couple executed a joint will appointing each other as their heirs and
providing that upon the death of the survivor between them, the entire estate would go to Jorge and
Luisito only but the two (2) could not dispose of nor divide the London estate as long as they live.
John and Maria died tragically in the London subway terrorist attack in 2005. Jorge and Luisito filed
a petition for probate of their parents will before a Makati Regional Trial Court. Joshur vehemently
objected because he was preterited.
1) Should the will be admitted to probate? Explain.
2) Are the testamentary dispositions valid? Explain.
3) Is the testamentary prohibition against the division of the London estate valid? Explain.

5. Harry married Wilma, a very wealthy woman. Barely five (5) years into the marriage, Wilma fell in
love with Joseph. Thus, Wilma went to a small country in Europe, became a naturalized citizen of
that country, divorced Harry, and married Joseph. A year thereafter, Wilma and Joseph returned and
established permanent residence in the Philippines.
a. Is the divorce obtained by Wilma from Harry recognized in the Philippines? Explain your
answer.
b. If Harry hires you as his lawyer, what legal recourse would you advise him to take? Why?
c. Harry tells you that he has fallen in love with another woman, Elizabeth, and wants to marry
her because, after all, Wilma is already married to Joseph. Can Harry legally marry
Elizabeth? Explain.
6. On December 1, 2000, Dr. Juanito Fuentes executed a holographic will, wherein he gave nothing
to his recognized illegitimate son, Jay. Dr. Fuentes left for the United States, passed the New York
medical licensure examinations, resided therein, and became a naturalized American citizen. He
died in New York in 2007. The laws of New York do not recognize holographic wills or compulsory
heirs.
a. Can the holographic will of Dr. Fuentes be admitted to probate in the Philippines? Why or
why not?
b. Assuming that the will is probated in the Philippines, can Jay validly insist that he be given
his legitime? Why or why not?
7. Emmanuel and Margarita, American citizens and employees of the U.S. State Department, got
married in the African state of Kenya where sterility is a ground for annulment of marriage.
Thereafter, the spouses were assigned to the U.S. Embassy in Manila. On the first year of the
spouses tour of duty in the Philippines, Margarita filed an annulment case against Emmanuel before
a Philippine court on the ground of her husbands sterility at the time of the celebration of the
marriage.
a. Will the suit prosper? Explain your answer.
b. Assume Emmanuel and Margarita are both Filipinos. After their wedding in Kenya, they
come back and take up residence in the Philippines. Can their marriage be annulled on the
ground of Emmanuels sterility? Explain.
8. Warlito, a natural-born Filipino, took up permanent residence in the United States, and eventually
acquired American citizenship. He then married Shirley, an American, and sired three children. In
August 2009, Warlito decided to visit the Philippines with his wife and children: Johnny, 23 years of
age; Warlito, Jr., 20; and Luisa, 17.

While in the Philippines, a friend informed him that he could reacquire Philippine citizenship without
necessarily losing U.S. nationality. Thus, he took the oath of allegiance required under R.A. 9225.
a. Having reacquired Philippine citizenship, is Warlito a natural-born or a naturalized Filipino
citizen today? Explain your answer.
b. With Warlito having regained Philippine citizenship, will Shirley also become a Filipino
citizen? If so, why? If not, what would be the most speedy procedure for Shirley to acquire
Philippine citizenship? Explain.
c. Do the children --- Johnny, Warlito Jr., and Luisa --- become Filipino citizens with their
father's reacquisition of Philippine citizenship? Explain your answer.
9. Marvin, a Filipino, and Shelley, an American, both residents of California, decided to get married in
their local parish. Two years after their marriage, Shelley obtained a divorce in California. While in
Boracay, Marvin met Manel, a Filipina, who was vacationing there. Marvin fell in love with her. After a
brief, courtship and complying with all the requirements, they got married in Hongkong to avoid
publicity, it being Marvin's second marriage. Is his marriage to Manel valid? Explain.
10. Atty. Emily Go, a legitimate daughter of a Chinese father and a Filipino mother, was born in 1945.
At 21, she elected Philippine citizenship and studied law. She passed the bar examinations and
engaged in private practice for many years. The Judicial and Bar Council nominated her as a
candidate for the position of Associate Justice of the Supreme Court. But her nomination is being
contested by Atty .Juris Castillo, also an aspirant to the position. She claims that Atty. Emily Go is not
a natural-born citizen, hence, not qualified to be appointed to the Supreme Court. Is this contention
correct?
11. Atty. Richard Chua was born in 1964. He is a legitimate son of a Chinese father and a Filipino
mother. His father became a naturalized Filipino citizen when Atty .Chua was still a minor .
Eventually, he studied law and was allowed by the Supreme Court to take the bar examinations,
subject to his submission to the Supreme Court proof of his Philippine citizenship. Although he never
complied with such requirement, Atty. Chua practiced law for many years until one Noel Eugenio
filed with the Supreme Court a complaint for disbarment against him on the ground that he is not a
Filipino citizen. He then filed with the Bureau of Immigration an affidavit electing Philippine
citizenship. Noel contested it claiming it was filed many years after Atty. Chua reached the age of
majority. Will Atty. Chua be disbarred? Explain.
12. X, a Filipino, executed a will in Kuwait while there as a contract worker. Assume that under the
laws of Kuwait, it is enough that the testator affix his signature to the presence of two witnesses and
that the will need not be acknowledged before a notary public. May the will be probated in the
Philippines?