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PERSONAL STATUS

- Determination of status: Art. 15, NCC (nationality principle)


- Beginning of personality (Art. 40, 41)
- Q: is it required that there be judicial order to the effect that (re: declaration of a person’s absence)?
- Q: which must be filed first, petition to declare a person absent or petition to settle estate? A: in a petition to
settle estate, there’s no need to file a petition to declare a person absent
- SITUATION: if a will was probated in China and the testator is a Filipino, but there’s no clear evidence of his
death. In china, period is longer. What law to apply? PH law (nationality principle)

NAME
- Judicial intervention needed to change name
- Art. 364-366, 376 NCC (voluntary change)
- Padilla vs. Republic
- If foreign country allows more grounds, that will govern
- If in another country, the name of a married woman shall automatically change, there is still a need for judicial
authority to change name in the PH; note: PH courts may recognize a change of name obtained in another
country, but application before the courts is still necessary; in CEDAW, their law will not be allowed

AGE OF MAJORITY
- RA 6809

CAPACITY
- In marriage: lex nationali (applies only to Filipinos)
- marriage itself does not make a person citizen of the PH; he must still comply with immigration law if said foreign
spouse is applying for an immigrant visa
- principle of immutability?

ANNULMENT AND DIVORCE


- national law of the alien spouse must allow divorce for the divorce decree obtained by the Filipino spouse, so
that the latter may remarry and divorce is recognized. It is immaterial who files the case (Republic vs. Manalo,
2018)
- Roehr vs. Rodriguez: what if the divorce decree include issue on custody of the children? Divorce only resolves
marital ties. In re: children, it must be in harmony with our law or policy. (exception: if none of the parties
question the custody of the child issue. In such case, the divorce decree including the issue re: children will be
recognized)

PERSONAL RELATIONS
- Nationality principle
- Note: Art.124
- SITUATION: A(Filipina) met B (Malaysian). A got pregnant but she is not married to B. the child’s nationality is
Filipino. Years later, B takes the child upon his and A’s agreement. The child was brought to Malaysia. Meanwhile,
A married an Australian C. B then refused visitation rights to the child. Where should the custody case be filed?
MALAYSIAN court (considering most significant relationship); what law to apply? PH law (re parental authority);
note: child is still a Filipino

ADOPTION
- You may ask the court, upon the filing of the petition, to ask the court’s social worker to immediately conduct a
case study.

JOINT ADOPTION OF HUSBAND AND WIFE


- SITUATION: Lorna works at Subic and had a child with a foreigner B. Lorna was based in the US and was married
another foreigner C, although they were already separated without the benefit of divorce. Lorna filed a petition
for adoption to adopt a grandchild, however, the petition was not signed by the husband C. In such case, the
court should DISMISS the petition. Remedy of Lorna? Obtain a divorce decree first.
- Under Domestic Adoption, A & B must jointly adopt. Both spouses must be qualified to adopt. If denied, file
inter-country adoption
- SITUATION: petitioner is a Filipino at the time of filing of the petition. An adoption decree was subsequently
issued. Petitioner was subsequently naturalized (hence she lost the necessary qualification and she is not related
to the prospective adoptee). It must be noted that qualifications need only to be present at the time of the filing
of the petition.

 Art.335 vs. 338, NCC

CONTRACTS
- See Joint administrative order of DTI re: online transactions (Consumer Protection Law)
- SITUATION: under the contract, venue is RTC Manila. But under the law, jurisdiction lies in MTC Manila. In such
case, RTC Manila should dismiss the case on the ground of improper venue
- Arbitration clause:
*arbitration is not mandatory, except in CIAC. Thus, notwithstanding a stipulation in the contract that the case is
not subject to arbitration, if the case involves CIAC, arbitration is required.