Conflicts Sempio Diy Book Reviewer PDF

Conflict of Laws Comprehensive reviewer of Sempio-Diy book
Chapter 1 ★ International conventions

In General
★ Constitutions
Conflict of Laws ★ Codifications and statutes
That part of the municipal law of a state which directs its ★ Judicial decisions
courts and administrative agencies, when confronted with a
legal problem involving a foreign element, whether or not ★ International customs
they should apply a foreign law or foreign laws 2. Indirect sources
★ Natural moral law
Conflict of laws case
Any case which involves facts occurring in more than one
★ Writings and treaties of thinkers and
state or nation, so that in deciding the case, it is necessary famous writers
to make a choice between the laws of different states or
countries Chapter 2
Jurisdiction and choice of law
Note: Conflict of laws is NOT part of international law.
Although it is sometimes thought of as part of international How one deals with a problem in Conflict of Laws
law because of the presence of a foreign element in a given 1. First, determine whether the court has
problem, it is not international law in character but is part of jurisdiction over the case.
the municipal law of each state. By municipal law in Conflict ★ If it has no jurisdiction, the case should
of Laws is meant the internal or local law of each state. be dismissed
Conflict of laws vs. public international law ★ If it has jurisdiction, the court will
determine whether it should assume
Public Conflict of laws jurisdiction over the case or dismiss it
International on the ground of forum non conveniens
Law
★ It is the law of the forum that
As to persons Governs sovereign Governs private determines whether the court has
involved states and entities individuals or jurisdiction over the case
that are corporations 2. It will next determine whether to apply the
internationally internal law of the forum or the proper foreign
recognized or law
possessed of
international Three kinds of jurisdiction
personality 1. Jurisdiction over the subject matter
2. Jurisdiction over the person
3. Jurisdiction over the res
As to nature International in Municipal in
Jurisdiction over the subject matter
character character
★ Conferred by law
As to Applies only to Deals with ★ Defined as the power to hear and determine
transactions transactions in transactions cases of the general class to which the
involved which only strictly private in proceedings in question belong
sovereign states or nature in which
entities with the country as ★ Cannot be conferred by consent of the parties or
international such has generally by their voluntary submission
personality are no interest ★ Must be invoked by filing the proper complaint or
concerned and petition with the court.
which generally
affect public Note: In the realm of Conflict of Laws, however, there
interest is another element which the court must consider in
determining the matter of jurisdiction the possible
As to remedies The concerned Recourse is had to enforceability of its decision in foreign states, subject to
applied states may first judicial or the rights of said states.
resort to peaceful administrative
remedies. If these tribunals in Jurisdiction over the person
remedies fail, the accordance with
states concerned the rules of ★ The competence or power of a court to render a
may resort to procedure of the judgment that will bind the parties involved
forcible remedies country where ★ Jurisdiction over the plaintiff: Acquired the
they sit moment he invokes the power of the court by
instituting the action by the proper pleading
★ Jurisdiction over the defendant: Acquired
Sources of Conflict of Laws when he enters his appearance or by the
1. Direct sources coercive power of legal process exerted by the
★ Treaties court over him personal or substituted service
of summons
Lesley Claudio (A 2012) Page 1 of 26

o EX: If appearance is for the sole (3) When the defendant is a non-resident
but the subject of the action is property
purpose of questioning the jurisdiction
located in the Philippines in which the
of the court.
relief demanded consists in excluding
the defendant from any interest therein
Note: Question of erroneous service of summons must
(4) When the property of a non-resident
be raised before judgment is rendered, or this would be
defendant has been attached in the
a case of waiver. Defective service may be cured by
Philippines
actual receipt of summons or if in any other manner,
knowledge of the existence of the case ★ While a writ of attachment
may be issued by the court,
Jurisdiction over the Res said writ cannot be
★ Jurisdiction over the particular subject matter in implemented until the court
controversy, regardless of the persons who may has acquired jurisdiction
be interested therein over the non-resident
defendant
★ The basis of the exercise of this jurisdiction is
the presence of the property within the territorial Extraterritorial service, how effected
jurisdiction of the forum even though the court By leave of court:
may not have personal jurisdiction over the 1. By personal service
persons whose interests in the property are 2. By publication, but copy of the summons and the
affected order of the court must be sent by registered
★ The purpose of the suit is not to impose a mail to the defendant’s last known address
persona liability on anyone but it is to affect the 3. In any other manner that the court may deem
interests of all persons in a thing. sufficient, e.g., by registered mail
Jurisdiction in personam Jurisdiction over the res

Instances when court may refuse to exercise
Binds only the parties and Binds the whole world jurisdiction over a case on the basis of forum non
their successors in interest conveniens
1. The evidence and the witnesses may not be
readily available in the forum
2. The court dockets of the forum may already be
Actions quasi in rem clogged so that to permit additional cases would
★ The purpose is neither to impose a personal hamper the speedy administration of justice
liability in a thing nor to affect the interests of all 3. The belief that the matter can be better tried and
persons in a thing, but to affect the interests of decided in another jurisdiction, either because
particular persons in a thing. the main aspects of the case transpired there or
the material witnesses have their residence there
★ An action affecting the personal status of the
4. To curb the evils of “forum shopping” the non-
plaintiff is also classified as an action quasi in
rem resident plaintiff might have filed the case in the
forum merely to secure procedural advantages
Service of summons, how effected or to annoy or harass the defendant
1. In actions in personam 5. The forum has no particular interest in the case
(1) Personal service the parties not being citizens of the forum or
(2) Substituted service are residents elsewhere, or the subject matter of
the case evolved somewhere else
Note: Service by publication would NOT be 6. Other courts are open and the case may be
sufficient better tried in said courts
7. The inadequacy of the local judicial machinery
2. Service by publication for effectuating the right sought to be enforced
(1) Action in rem by the plaintiff
(2) Action quasi in rem 8. The difficulty of ascertaining the foreign law
(3) Action involves the personal status of applicable
plaintiff
Note: The doctrine should generally apply only if the
3. Extraterritorial service of summons defendant is a corporation. For if the defendant is an
(1) When the defendant does not reside individual, the proper forum may not be able to acquire
and is not found in the Philippines, and jurisdiction over him, thus leaving the plaintiff without
the action affects the personal status of any remedy.
the plaintiff
(2) When the defendant does not reside Three instances when the forum has to apply the
and is not found in the Philippines, and internal or domestic law (lex fori) in deciding a case
the action relates to or the subject of in conflicts of law
which is, property within the Philippines 1. When the law of the forum expressly so provides
(real or personal), in which the in its conflicts rules
defendant has a claim, a lien or 2. When the proper foreign law has not been
interest, actual or contingent properly pleaded and proved

3. When the case involves any of the exceptions to Theory of comity

the application of the proper foreign law (i.e. According to this theory, no foreign law would be allowed to
exceptions to comity) operate in another state except by the comity of nations
Why foreign law cannot be applied if it has not been Comity

pleaded and proved The recognition which one state allows within its
Our courts cannot take judicial notice of foreign laws territory, to the legislative, executive, or judicial acts of
another nation
How a foreign law is proved under our Rules of Court
1. Written law Two principles upon which the theory of comity
(1) An official publication thereof rests
(2) A copy of the law attested by the officer 1. The comity based on reciprocity
having legal custody of the record or by 2. The comity based on the persuasiveness of a
his deputy, accompanied by a certificate foreign judgment
of any Philippine embassy, consular, or ★ Our Civil Procedure still follows the
foreign service officer in the foreign
principle of reciprocity because in
country where the record is kept, and
Sec. 48, Rule 39, a foreign final
authenticated by the seal of his office
2. Unwritten law judgment or order “is presumptive
(1) The oral testimony of expert witnesses evidence of a right as between the
(2) By printed and published books of parties and their successors in
reports of decisions of the country interest
involved if proved to be commonly
admitted in its courts The vested-rights theory
Under this theory, our courts enforce not the foreign law or
Processual presumption of law foreign judgment but the right or rights that have been
This rule means that when the proper foreign law has not vested under such law or judgment.
been properly proved, the court of the forum may presume ★ Rights once acquired should be enforced
that said foreign law is the same as its local or domestic regardless of where the suit for its enforcement
law, which it can now apply was filed.
Exceptions to the applications of a foreign law

1. When the application of the foreign law would
run counter to a sound and established public Theory of local law
policy of the forum Under this theory, we apply a foreign law not because it is
2. When the foreign law is contrary to the almost foreign, but because our own law by applying a similar rule
universally conceded principles of morality requires us to do so, hence it is as if the foreign law has
(contra bonos mores) become part of our own internal or domestic law.
3. When the foreign law involves procedural
matters Theory of harmony of laws
★ EX: When the law is both procedural Under this theory, identical or similar problems should be
and substantive given identical or similar solutions thus resulting in harmony
4. When the foreign law is penal in character of laws
★ EX: A penal clause in a contract may
Theory of justice
however be enforced here because such
Since the purpose of all laws, including Conflict of Laws, is
clause is not criminal in nature but
the dispensation of justice, the proper foreign law should be
provides only for liquidated damages
applied in order to attain this objective
5. When the law is purely fiscal (i.e., revenue
producing) or administrative in nature ★ The defect of this theory, however, is that
6. When the foreign law might work undeniable different persons may have different ideas of
injustice to the citizens or residents of the forum what is just
7. When the application of the foreign law would
endanger the vital interests of the State Note: No single theory contains the whole truth; no one
8. When the case involves real or personal property approach is completely valid. All of the theories have
located in our country validity. This suggests that they are not entirely exclusive.
Chapter 3 Chapter 4
Theories that justify the application of the foreign law Nature and composition of conflicts rules
Theories that justify the application of the foreign law Purely internal provision of law vs. conflicts rule
instead of domestic or internal law Purely internal provision Conflicts rule/ A provision
1. Theory of comity of law in conflict of laws
2. Vested right theory
3. Theory of local law
4. Theory of harmony of laws
5. Theory of justice

Governs a domestic problem, A provision found in our own

i.e., one without a foreign law which governs a factual
element situation possessed of a Chapter 6
foreign element Persona law – Theories in determining one’s personal
law
Example: Art. 796 All Example: Art. 16 Real
persons who are not property as well as personal Personal law.
expressly prohibited by law property is subject to the law That which attaches to him wherever he may go. The law
may make a will of the country where it is that generally governs his status, capacity, condition, family
situated relations, and the consequences of his actuations. It may
be:
1. National law
2. Law of his domicile
Two kinds of conflicts rules 3. Law of the situs
1. One-sided rule
★ Indicates when Philippine law will apply Status vs. capacity
★ Example: Article 15 of the CC Laws Status Capacity
relating to family rights and duties, or
to the status, condition, and legal Place of an individual in Only part of one’s status and
capacity of persons, are binding upon society and consists of
may be defined as the sum
citizens of the Philippines even though personal qualities and
total of his rights and
living abroad relationships more or less
obligations
2. All-sided or multilateral rule permanent, with which the
state and the community are
★ Indicates whether to apply the local law concerned
or the proper foreign law
★ Example: Art. 16 Real property as
well as personal property is subject to Two kinds of capacity
the law of the country where it is 1. Juridical capacity
situated
★ Passive capacity
Parts of every conflicts rule ★ The fitness to be the subject of legal
1. The factual situation – the set of facts or relations
situation presenting a conflicts problem because 2. Capacity to act
there is a foreign element involved ★ Active capacity
2. The point of contact or connecting factor – ★ The power to do acts with legal effects
The law of the country with which the factual
situation is most intimately connected Characteristics of status
1. It is conferred principally by the State, not by the
Note: The first part raises while the second part individual
answers a legal question 2. It is a matter of public interest or social interest
3. Being a concept of social order, it cannot easily
be terminated at the mere will or desire of the
parties concerned
4. It is generally supposed to have a universal
character
Chapter 5
Characterization of conflict rules
Characterization
Otherwise known as “classification” or “qualification” is the
Different theories on how the personal law of an
process of assigning a certain set of facts or factual
individual is determined
situation to its proper or correct legal category. By
1. The nationality theory
characterizing the legal problem, the court of the parties
involved reach the proper solution whether to apply the ★ Personal theory
local law or the proper foreign law ★ The status and capacity of a person are
★ Most writers hold that on the grounds of practical determined by the law of his nationality
necessity and convenience, it is the forum or the or his national law
lex fori that should determine the problem’s 2. The domiciliary theory
characterization unless the result would be a ★ By virtue of which the status and
clear injustice capacity of a person is determined by
the law of his domicile
Note: Modern trend is to consider prescriptive periods ★ Territorial theory
or Statute of Frauds that the parties had in mind at the 3. The situs or eclectic theory
time the transaction took place

★ Views the law of a particular place or and of any conventions in force, a third state shall apply the
nationalities which any such person possesses, recognize
situs of an event or transaction as
exclusively in its territory either the nationality of the
generally the controlling law
country in which he is habitually and principally a resident,
or the nationality of the country with which in the
Note: The Philippines follows the nationality
circumstances he appears to be in fact mostly connected
theory.
★ The law of the country of which the deceased
Nationality v. citizenship was both a citizen and a domiciliary at the time
of her death is considered more effectively
Nationality Citizenship
connected to her than her other national law.
Refers to membership in a A citizen is one who owes
Citizens of the Philippines under the 1987
political community, one that allegiance to and is entitled
Constitution
is personal and more or less to the protection of the State
1. Those who are citizens of the Philippines at the
permanent, not temporary.
time of the adoption of this Constitution
2. Those whose fathers or mothers are citizens of
the Philippines
In the field of Conflict of Laws, nationality and citizenship are
3. Those born before January 17, 1973, of Filipino
the same
mothers, who elect Philippine citizenship upon
reaching the age of majority and
4. Those who are naturalized in accordance with
law
Chapter 7
The Nationality Theory Citizenship of a Filipino woman who marries a
foreigner
Different kinds of citizenship in the Philippines Citizens of the Philippines who marry aliens shall retain their
1. Natural born citizens citizenship unless by their act or omission they are deemed,
under the law, to have renounced their Philippine citizenship
★ Those who are citizens from birth (Article 4, Sec. 4, 1987 Constitution)
without having to perform any act to
acquire or perfect their Philippine Citizenship of an alien woman who marries a Filipino
citizenship husband
Under Sec. 15 of the Revised Naturalization Law (Com. Act
Native-born Filipinos No. 475), an alien woman marrying a Filipino, native-born
Those born in the Philippines. Natural-born or naturalized, becomes ipso facto a Filipino, provided she is
citizens may not be native-born if they were not disqualified to be a citizen of the Philippines under Sec.
born abroad 4 of the same law.
★ It is enough that an alien wife proves that she is
2. Citizens by naturalization
not disqualified to be a Filipino citizen not
★ Those who were formerly aliens but by necessarily in court but even before an agency like
judicial, legislative, or administrative the Immigration Commission
process, have become Filipino citizens
Note: An alien woman married to an alien husband
Jus soli v. jus sanguinis who (the husband) is subsequently naturalized also
follows the Philippine citizenship of her husband,
Jus soli Jus sanguinis
provided she does not suffer from any of the
A person is a citizen of the It is citizenship by blood disqualifications under Sec. 4 of the same Revised
country where he was born Naturalization Law. This is a case of derivative
or of the country of his birth naturalization (similar to the minor children of a
This is the rule that we naturalized Filipino citizen)
follow in the Philippines
Naturalization
The process of conferring on an alien the citizenship of
Note: Each country or state has the sole power and another country by any of the means provided by law.
authority to determine under its internal or municipal law
who are its citizens or nationals Modes of acquiring Philippine citizenship by
naturalization
Dual allegiance under Sec. 5, Article IV of the 1. Judicial process
Constitution ★ Com. Act No. 475 as amended by RA 530
The provision in the Constitution (dual allegiance of citizens 2. Legislative process
is inimical to national interest and shall be dealt with by ★ When Philippine citizenship is conferred by
law) is concerned not with dual citizenship per se but with a special act of Congress on deserving
naturalized citizens of the Philippines who still maintain their aliens
allegiance to the countries of their origin. 3. Administrative process
Effective nationality theory ★ RA 9139 or the Administrative
Within a third state, a person having more than one Naturalization Law of 2000
nationality shall be treated as if he had only one. Without
★ Under this law, a Special Committee on
prejudice to the application of its law in personal matters
Naturalization is created, with the power

to approve, deny, or reject applications for 3. The alien wife of a natural born or naturalized
naturalization filed with said Committee citizen, in the latter case, the marriage having
taken place after the husband’s naturalization
Derivative naturalization
Philippine citizenship conferred on:
1. The wife of a naturalized husband
2. The minor children of a naturalized father

Naturalization
Judicial naturalization under Com. Act. 475, Administrative naturalization under RA 9139 or
as amended the Administrative Naturalization Law of 2000
Qualifications 1. The petitioner must not e less than 21 years 1. The applicant must be born in the Philippines
of age on the date of the hearing of the and residing therein since birth
petition 2. The applicant must not be less than 18 years
2. He must have, as a rule, resided in the of age, at the time of filing of his/her petition
Philippines for a continuous period of not 3. The applicant must be of good moral character
less than 10 years and believes in the underlying principles of the
3. He must be of good moral character, and Constitution and must have conducted
believe in the principles underlying the himself/herself in a proper and irreproachable
Philippine Constitution, and must have manner during his/her entire period of
conducted himself in a proper and residence in the Philippines in relation with the
irreproachable manner during the entire duly constituted government as well as with
period of his residence in the Philippines in the community in which he/she is living
his relation with the constituted government 4. The applicant must have received his/her
as well as with the community in which he is primary and secondary education in any public
living school or private education institution duly
4. He must own real estate in the Philippines recognized by the DECS, where Philippine
worth not less than 5,000, Philippine history, government, and civics are taught and
currency, or must have some lucrative prescribed as part of the school curriculum
trade, profession, or occupation and where enrollment is not limited to any
5. He must be able to speak and write English race or nationality: Provided, that should
or Spanish and any one of the principal he/she have minor children of school age,
languages and he/she must have enrolled them in similar
6. He must have enrolled his minor children of schools.
school in any of the public or private schools 5. The applicant must have a known trade,
recognized by the Bureau of Private Schools business, profession, or lawful occupation,
where Philippine history, government, and from which he/she derives income sufficient
civics are taught or prescribed as part of the for his/her support and if he/she is married
school curriculum during the entire period of and/or has dependents, also that of his/her
the residence required of him, prior to the family: Provided, however, that this shall not
hearing of his petition for naturalization as apply to applicants who are college degree
citizen holders but are unable to practice their
profession because they are disqualified to do
so by reason of their citizenship
6. The applicant must be able to read, write, and
speak Filipino or any of the dialects of the
Philippines, and
7. The applicant must have mingled with the
Filipinos and evinced a sincere desire to learn
and embrace the customs, traditions, and
ideals of the Filipino people
Disqualifications 1. Those opposed to organized government or affiliated with any association of group of person who
uphold and teach doctrines opposing all organized governments
2. Those defending or teaching the necessity of or propriety of violence, personal assault or
assassination for the success or predominance of their ideas
3. Polygamists or believers in the practice of polygamy
4. Those convicted of crimes involving moral turpitude
5. Those suffering from mental alienation or incurable contagious disease
6. Those who, during the period of their residence in the Philippines, have not mingled socially with
Filipinos, or who have not evinced a sincere desire to learn and embrace the customs, traditions,
and ideals of the Filipinos
7. Citizens or subjects of nations with whom the Philippines is at war
8. Citizens or subjects of a foreign country whose laws do not grant Filipinos the right to be naturalized
citizens or subjects thereof

Loss of citizenship Domicile v. residence

Under Com. Act 63, as amended, a Filipino citizen may lose
Domicile Residence
his citizenship in any of the following ways:
1. By naturalization in a foreign country
Denotes a fixed, permanent Used to indicate a place of
2. By express renunciation of citizenship
residence to which, when abode, whether permanent
3. By subscribing an oath of allegiance to support
absent, one has the intention or temporary
the constitution or laws of a foreign country upon
of returning
attaining twenty-one years of age or more
4. By accepting commission in the military, naval,
Residence is not domicile, but domicile is residence coupled
or air service of a foreign country
with intention to remain for an unlimited time
5. By cancellation of the certificate of naturalization
6. By having been declared by competent authority,
a deserter of the Philippine armed forces in time
of war, unless subsequently a plenary pardon or Domicile v. citizenship
amnesty has been granted; and
Domicile Citizenship
7. In case of a woman, upon her marriage to a
foreigner, if, by virtue of the laws in force in her
Speaks of one’s permanent Indicates ties of allegiance
husband’s country, she acquires his nationality and loyalty
place of abode
★ Under the 1987 Constitution, however,
the woman retains her Philippine A person may be a citizen or national of one sate and a
citizenship unless by her act or omission domiciliary of another
she is deemed under the law to have
renounced her Philippine citizenship
Note: The forum applies its own concept of domicile in
Philippine citizenship, how reacquired
determining the domicile of a litigant before its courts (law
Under C.A. 63, as amended, Philippine citizenship may be
of the forum/lex fori, NOT national law, is the law that
reacquired as follows:
1. By naturalization, provided the applicant determines one’s domicile)
possesses none of the disqualifications
2. By repatriation of deserters of the Army, Navy, Different kinds of domicile
or Air Corps, Provided, that a woman who lost 1. Domicile of origin: The domicile assigned by
her citizenship by reason of her marriage to an law to a person at the moment of his birth
alien may be repatriated in accordance with the 2. Constructive domicile or domicile by
provisions of this Act after the termination of the operation of law: The domicile assigned by law
marital status to a person after birth on account of a legal
3. By direct act of Congress disability, like minority, insanity, imprisonment,
etc.
RA 9225 – Citizenship Retention and Reacquisition Act 3. Domicile of choice: The domicile of a person
sui juris because he has his home there and to
of 2003
which, whenever absent, he intends to return
Under this law, natural born Filipino citizens who had been
naturalized in foreign countries are deemed to have
reacquired Philippine citizenship by taking an oath of Principles regarding one’s domicile of choice
allegiance to the Philippine Constitution and laws. Those 1. No person can ever be without a domicile or
who become naturalized in foreign countries after the every natural person must have a domicile
effectivity of the Act retain their Philippine citizenship upon 2. A person cannot have two simultaneous
taking the same oath domiciles
3. A natural person, free (not a prisoner) and sui
Chapter 8 juris (one of age and under no disability), can
Domiciliary Theory change his domicile at pleasure
4. A domicile, once acquired, is retained until a new
Domiciliary theory one is gained
It is the theory whereby the status, condition, family rights 5. The presumption being in favor of the
and obligations, and capacity of a person are governed by continuance of an existing domicile, the burden
the law of his domicile or the lex domicilii of proof is on the one who alleges that a change
of domicile has taken place
Domicile 6. To acquire a new domicile of choice, the
It is the place where a person has his true, fixed, following must concur:
permanent home, and principal establishment, and to (1) Residence or bodily presence in the new
which, whenever he is absent, he has the intention of locality
returning. (2) An intention to remain there (animus
manendi) and
★ Art. 50 of the CC: For the exercise of civil rights (3) An intention not to return to the former
and fulfillment of civil obligations, the domicile of abode (animus non revertendi)
natural persons is the place of their habitual
residence

Rules determining one’s domicile of origin MARRIED WOMEN

If the child is legitimate His domicile of origin is that
1. The constructive
of his parents at the time of
domicile of the wife is
his birth
the domicile of both
spouses, unless the
If parents are separated, the
law allows the wife to
domicile of the custodial
have a separate
parent
domicile for valid and
If the marriage is valid compelling reasons
If the child is illegitimate His domicile of origin is that 2. If there is legal
of the mother at the time of separation between
his birth the spouses, the wife
can have her own
If the child is legitimated The domicile of his father at domicile of choice
the time of his birth controls 3. If there is a separation
de facto, the wife can
also have a separate
If the child is adopted The domicile of origin is the domicile
domicile of his real parents at
the time of his birth, NOT the
domicile of the adopters
If a foundling The domicile of origin is the Apply the same rules when
country where it was found If the marriage is voidable the marriage is valid.
However, after annulment,
the wife can freely select her
own domicile of choice
Rules determining one’s constructive domicile
If the marriage is void The wife can have a domicile
MINORS
separate from the husband
1. If legitimate, the domicile of both parents
★ In case of disagreement, that of the OTHER PERSONS
father, unless there is a judicial order to
the contrary Convict or prisoner His domicile is the one he
2. If illegitimate, the domicile of the mother had possessed prior to his
3. In case of absence or death of either parent, the incarceration
domicile of the present parent.
★ Even in case of remarriage of the Soldiers Their domicile is their
surviving parent, still his/her domicile domicile before their
determines the constructive domicile of enlistment
the minor child
4. If the child is adopted, the domicile of choice of Public officials or Their domicile is the one they
employees abroad had before they were
the adopter is the child’s constructive domicile (diplomats, etc) assigned elsewhere, unless
they voluntarily adopt their
INSANES, IDIOTS, IMBECILES place of employment as their
permanent residence
The law assigns their domicile to them:
1. If they are below the age of majority, the rules
on minors apply to them
2. If they are of age and have guardians, they follow
the domicile of choice of their guardians Chapter 9
3. If they are of age and have no guardians, their The situs or eclectic theory
constructive domicile is their domicile of choice
before they became insane Situs or eclectic theory
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 (situs) where
an important element of the problem occurs or is situated
Two kinds of participation of an individual under the

situs or eclectic theory
1. If participation is active – When 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 – When the ★ Advantage of this theory is that

effects of the act are set forth or determined by regardless of the forum, the applicable
law, the governing law is the law of the legal law will be the same
situs, i.e., the domicile of the individual ★ Can also result in international ping
concerned pong
Chapter 10 Double renvoi

The problem of the “renvoi” This occurs when the local court, in adopting the foreign
court theory, discovers that the foreign court accepts the
Renvoi “renvoi.” But since the foreign law remits the case to
★ A French word which means “refer back” or Philippine law, being the law of the deceased’s domicile, the
“return” foreign court may discover that Philippine law does not
accept the remission (as it applies the national law of the
★ In Anglo-American countries, the term used is deceased) so the foreign court, sitting as a Philippine court,
“remission,” which means to refer a matter for would still apply its own internal law. This is then what our
consideration or judgment court will apply.
When does the problem of renvoi arise? Theory of transmission v. renvoi

The problem of renvoi arises when there is doubt as to Theory of transmission Renvoi
whether the reference by the lex fori (the law of the country
where the problem arises) to the foreign law involves: Transmission is the process Renvoi means to refer a
1. A reference to the internal law of the foreign law of applying the law of a matter for consideration or
or foreign state thru the law of judgment
2. A reference to the entirety of the foreign law a second foreign state
including its conflicts rules
★ In such case, if the first state follows Transmission involves three Renvoi involves two laws
the nationality theory, and the second laws
state follows the domiciliary theory, the
problem of renvoi will most probably
arise Chapter 11
Conflict rules on status and capacity
Four solutions the court can adopt when confronted
with a renvoi problem
When human personality begins under our law
1. Reject the renvoi
★ This means that the court does not
★ Art. 40, NCC: Birth determines personality, but
the conceived child shall be considered born for
want the problem to be sent back to us.
all purposes that are favorable to it, provided it
★ As in the case of the testate or intestate be born later with the conditions specified in the
succession of a foreigner but domiciled following article
in our country, we would simply apply
his national law or the internal law of
★ Art. 41, NCC: For civil purposes, the fetus is
considered born if it is alive at the time it is
his country
2. Accept the renvoi completely delivered from the mother’s womb.
However, if the fetus had an intra-uterine life of
★ Accept the referral or transmission of
less than 7 months, it is not deemed born if it
the case back to us, so that instead of
dies within 24 hours after its complete delivery
applying the foreign internal law,
from the maternal womb
Philippine law is applied
★ Single renvoi or single transmission Personality really begins at conception, subject to the
3. Follow the theory of desistment or the mutual following conditions:
disclaimer of jurisdiction theory 1. The purpose is favorable to the fetus
★ Refrain from applying the national law 2. If it is born alive under Art. 41 of the NCC
of the deceased foreigner, although our
law tells us to do so. Two kinds of children
1. Ordinary – With an intra uterine life of at least 7
★ If said law follows the domiciliary theory
and directs that we apply the law of the months
domicile of the deceased, so in the end, 2. Extraordinary – With an intra-uterine life of less
we still apply Philippine law than 7 months, in which case it must live for at
least 24 hours after complete delivery from the
4. Apply the foreign court theory mother’s womb
★ We would simply do what the foreign
court would do if confronted with the Note: In Conflict of Laws, personal law determines the
same case beginning of one’s personality.

Civil personality, when extinguished can ask for change of name in the Philippines, provided they
Art. 42 of the NCC: Civil personality is extinguished by are domiciled here.
death ★ But an alien whose citizenship is either
★ Refers to physical death not civil death controverted or doubtful cannot ask for a change
★ A declaration of death in accordance with one’s of name
personal law (whether his national law or the law Legislative jurisdiction vs. judicial jurisdiction over
of his domicile) by a court of competent
one’s status
jurisdiction is considered valid for all purposes
Legislative jurisdiction Judicial jurisdiction
Absence, defined
A special legal status pertaining to a person who has Legislative jurisdiction over Judicial jurisdiction over
disappeared from his domicile, his whereabouts being
one’s status is the power of one’s status is the power of
unknown, without leaving an agent to administer his
property or even if he had left an agent, the power his personal law to govern the courts to decide
conferred by the absentee on the agent has expired his status wherever he goes questions or controversies
concerning one’s status
★ One status of being absent is determined in
accordance with his personal law
★ Our own courts also have jurisdiction to declare
an alien domiciliary in the Philippines as absent Note: Thus, our courts can decide cases involving the
status and capacity of foreigners brought before them, but
Judicial declaration of absence under Philippine law in doing so, our courts will apply the personal law of the
After the lapse of two years without any news about the foreigner, whether it be his national law or the law of his
absentee or since the receipt of the last news, and five domicile, depending on what theory the country of his
years if the absentee has left an administrator of his citizenship follows.
property, his absence may be declared ★ Example: Even if the personal law of the
foreigner allows divorce, he cannot apply for
Instances when an absentee may be presumed dead divorce from his spouse before a Philippine court
and for what purposes because we do not recognize divorce and our
1. For purposes of remarriage – the absentee courts have no jurisdiction to grant divorces.
may be presumed dead after four years of However, a foreigner who applies for legal
absence, the present spouses having a well- separation in our country on a ground available
founded belief that the absentee is already dead under his national law but not under our law,
may obtain a favorable judgment from our
★ However, in case of disappearance courts, because it is his national law on legal
where there is danger of death, an separation that our courts will apply, but subject
absence of 2 years is enough to our procedural law.
2. For all other purposes EXCEPT succession –
an absence of seven years, it being unknown Chapter 12
whether or not the absentee still lives Conflicts rules on marriage
3. For the purpose of succession – an absence of
10 years is required, except if the absentee Philippine internal law on the formal validity of
disappeared after the age of 75 years, in which marriages or the validity of marriage as a contract
case an absence of 5 years is enough to open his 1. Essential requisites
succession (1) Legal capacity of the contracting parties
who must be male and female
What determines the age of majority in Conflict of (2) Consent freely given in the presence of
Laws? a solemnizing officer
It is the personal law of the person that determines whether 2. Formal requisites
he has reached the age of majority or not. (1) Authority of the solemnizing officer
(2) A valid marriage license
Our conflicts rules on capacity to contract (3) A marriage ceremony takes place with
the appearance of the contracting
A person’s capacity to contract is governed by his personal
parties before the solemnizing officer
law, whether it is the lex nationalii or the lex domicilii and their personal declaration that they
★ EX: Contracts involving real or personal property take each other as husband and wife in
in which cases the lex situs or lex rei sitae the presence of not less than two
applies including the capacity of the contracting witnesses of legal age
parties
Note: The above formal requisites apply to foreigners who
Note: It is suggested that Article 15 of the CC applying the get married in the Philippines. If one or both of the parties
nationality theory be limited to strictly family and domestic are foreigners, the foreigner must submit a certificate of
transactions, while the law governing the contract should legal capacity to contract marriage issued by the diplomatic
govern ordinary day-to-day business contracts. or consular officials of his/her country in the Philippines
before he/she can be issued a marriage license. Stateless
Change of names and surnames persons or refugees need only to submit an affidavit stating
A change of name is a special proceeding to establish the the circumstances showing such capacity to contract
status of a person involving his relation with others. Aliens marriage

Marriage between a If the marriage is valid under

Common law marriages of foreigners
Filipino and foreigner the law of one of the spouses
As to common law marriages of foreigners who come to the
ABROAD while void under the law of
Philippines as husband and wife, it would seem that we
the other, we should uphold
should consider the marriage valid if valid under their
the validity of the marriage,
national law or the law of the place where the relationship
unless the marriage is
began. But the marriage must not be contra bonos mores or
universally incestuous or
universally considered incestuous
highly immoral (the same
rule as to foreigners who get
Foreign marriages of Filipinos
married abroad)
GR: Under Art. 26 of the Family Code, all marriages outside
the Philippines in accordance with the laws in force in the
country where they were solemnized and valid there as
such, shall also be valid in this country, except those Marriage between a The national law of the
prohibited under Articles 35(1), (4), (5), and (6), 36, 37, Filipino and a foreigner in Filipino – Philippine law
and 38. the PHILIPPINES
should be followed –
★ In other words, we follow the rule of lex loci otherwise our public policy
celebrationis would be violated
EX: A foreign marriage of Filipinos in a foreign country will
still be void in the Philippines if:
1. Either or both parties did not have legal capacity to
get married (Art. 35 (1)) Two aspects of marriage as a status
2. The marriage is immoral for being bigamous or 1. Aspect of personal rights and obligations of the
polygamous (Art. 35 (4)) spouses
3. Consent of one party is lacking, because of ★ Purely personal and are not ordinarily
mistake as to the identity of the other (Art. 35 interfered with by the courts
(5))
4. One of the parties was psychologically
incapacitated at the time of the marriage to 2. Aspect of their property relations
comply with the essential marital obligations
(Art. 36)
★ The law lays down rules and judicial
sanctions as they may affect public
5. The marriage is incestuous (Art. 37)
interest
6. The marriage is void by reason of public policy
(Art. 38)
Law governing personal relations of spouses in
Conflict of Laws
Note: Consular marriages of Filipinos abroad are valid (Art.
1. Countries that follow the nationality theory (e.g.
10, Family Code)
Philippines) – apply the spouses’ national law in
Conflicts rules on marriages between foreigners determining their personal relations with each
solemnized abroad other
1. We still apply the rule of lex loci celebrationis, 2. Countries that follow the domiciliary theory – the
but not the exceptions in the first par. of Art. 26 personal relations of the spouses are governed
of the Family Code which apply only to Filipinos by the law of their domicile
★ But universally considered incestuous
marriages and marriages that are highly Spouses of different nationalities: law governing their
immoral are excepted personal relations
2. Proxy marriages – Not allowed under Philippine GR: The personal relations of the spouses are governed by
the national law of the husband
internal law
★ Rule in the US – if permitted by the law
Alien woman who marries Ipso facto becomes a Filipino
of the place where the proxy a Filipino husband citizen if she does not suffer
participates in the marriage ceremony, under any disqualification for
proxy marriages are entitled to naturalization as a Filipino
recognition insofar as the formal validity citizen
of the marriage is concerned
3. Marriages on board a vessel on the high seas – Personal relations:
Since the country whose flag the ship is flying national law of the husband
has jurisdiction over the ship, the rule is that shall govern (GR)
compliance with the law of the said country is
required for the marriage to be valid
4. If the parties or at least the husband is a Muslim
– it is believed that we would recognize up to
four marriages of the same husband (Philippine
Muslim Code on Personal Laws)
Mixed Marriages

Immutability of the property regime v. immutability

A Filipina who marries an Constitution provides that
of the law governing the property regime
alien husband she “shall retain her
Immutability of the Immutability of the law
Philippine citizenship, unless
property regime governing the property
by her act or omission, she is
regime
deemed, under our law, to
have renounced her
A subsequent change of The law that creates and
citizenship” nationality by the husband or governs the property regime
wife or both does NOT may change
Personal relations: Art. 80 change the original property
of the Family Code provides regime
that the national law of the
wife or Philippine law would
govern the spouses’ personal
Annulment v. Declaration of nullity of marriage
relations (rule was intended
to protect the Filipino wife) Annulment Declaration of nullity
Remedy if the marriage is Remedy if the marriage is

voidable or annullable (valid void ab initio
Conflict rules on the law governing personal relations until annulled)
of spouses who change nationalities
General Rules
1. If the spouses have the same nationality but
they acquire a new nationality by their common Voidable v. void marriage – legal effects
act – their new national law will govern their Voidable marriage Void marriage
personal relations
2. If the husband alone changes his nationality It can be convalidated either It cannot be convalidated
after the marriage – the law of the last common by free cohabitation or
nationality of the spouses would govern prescription
3. If the spouses retain their different nationalities
The same property regime as The only property
after the marriage – National law of both spouses
in a valid marriage is relationship between the
should govern established between the parties is a co-ownership
★ RE: 3 Better solution: apply the spouses
national law of the husband at the time
of the marriage The children are legitimate if The children are illegitimate,
EXCEPTIONS conceived before the decree except children of void
1. If the national law of the husband violates public of annulment marriages under Art. 36 and
policy of the forum 53 of FC
2. The national law of the wife happens to be the
law of the forum Art. 36 – children born under
marriage that is void on the
ground of psy. Incapacity
Conflicts rules on the property relations of husband
and wife
Art. 53 – children born of the
GR: Property relations of the spouses are governed by
Philippine law, regardless of the place of the celebration of first marriage of parties
marriage and their residence (nationality theory) before said first marriage had
been annulled or declared
★ If one spouse is a Filipino (wife or husband) and
void, and those who marry a
the other is an alien, Philippine law would still
second time without
govern
delivering the presumptive
legitime of the children of
EX:
their first marriage
1. If both spouses are aliens – general rule in Conflict
of Laws will apply
2. With respect to extrinsic validity of contracts
The marriage cannot be The marriage may be
affecting real property – the lex situs will govern
attacked collaterally attacked directly or
the formalities to be observed for the contract’s collaterally
validity
The marriage can no longer The marriage can still be
Doctrine of immutability of matrimonial (property) be impugned after the death impugned even after the
regime of the spouses of the spouses death of the spouses
Regardless 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
Conflicts rules on annulment and declaration of nullity
of marriage

1. In Conflict of Laws, the grounds for annulment of 2. In the US, a state has a duty to recognize a divorce
marriage and for declaration of nullity of marriage obtained in a sister state if the spouses were
are the grounds provided for by the law alleged to domiciled in the latter state
have been violated lex loci celebrationis or the 3. A divorce obtained in a foreign country would be
recognized under the same circumstances that a
law of the place where the marriage was
divorce obtained from a sister state is given
celebrated
recognition
★ Reason: Considering that it is the lex loci
4. in the Philippines, if both spouses are aliens, we
celebrationis that is usually applied to
recognize a decree of divorce obtained by them
determine whether a marriage is valid or
abroad if valid under their national law
not, it is the same law that also
5. If one of the spouses is a Filipino and the other an
determines whether a marriage is voidable
alien, we also recognize the divorce obtained by
or void
the alien spouse abroad
2. As for declaration of nullity of marriage between
two Filipinos abroad, the grounds are the
Legal separation v. divorce
exceptions to the lex loci celebrationis in Article 26
of the Family Code: Legal separation Divorce
(1) Either or both parties did not have legal
capacity to get married (Art. 35 (1)) Relative divorce, only a Absolute divorce, dissolves
(2) The marriage is immoral for being separation from bed and the marriage and the parties
bigamous or polygamous (Art. 35 (4)) board but the parties remain can marry again
(3) Consent of one party is lacking, because married
of mistake as to the identity of the other
(Art. 35 (5))
(4) One of the parties was psychologically
incapacitated at the time of the marriage Legal separation v. annulment of marriage
to comply with the essential marital Legal separation Annulment
obligations (Art. 36)
(5) The marriage is incestuous (Art. 37) Marriage is not defective Marriage is defective
(6) The marriage is void by reason of public
policy (Art. 38) Grounds arise after the Grounds must exist at the
3. As to foreigners who get married abroad – the marriage time of or before the
celebration of the marriage
exceptions to the lex loci celebrationis would be the
same as those in marriages as a contract:
Parties are still married to Marriage is set aside
(1) Marriages that are highly immoral
each other
(2) Universally incestuous marriages
4. Consular marriages – either the national law or the Grounds are those given by Grounds are those given by
law of the domicile of the parties applies the national law or the the lex loci celebrationis
domiciliary law – question is subject to certain exceptions
Courts that have jurisdiction over cases for – questions the very
one of status
annulment or declaration of nullity of marriage
existence of status
1. In the Philippines – since we follow the nationality
theory, our courts have jurisdiction
★ Citizens and domiciliaries can file in the Conflict rules on legal separation
Philippines, even if the defendant is a non-
1. If the parties are of the same nationality – grounds
resident
2. In other countries – it is usually the courts of the for legal separation are those given by their
personal law (national law or domiciliary law)
parties’ domicile who have jurisdiction over such 2. If the parties are of different nationalities –
cases since that is the place which has the greatest grounds for legal separation are those under both
interest in the domestic relations of the spouses the personal law of the husband and wife
Rules on the validity of foreign divorces by foreigners Courts that may grant legal separation
abroad 1. Jurisdiction in the case of aliens is not assumed by
1. Hague Convention states that a foreign divorce will the forum unless the national law of the parties is
be recognized in the contracting states if, at the willing to recognize its jurisdiction
date of the filing of the proceedings: 2. In the Philippines, foreigners may ask for legal
(1) The petitioner or respondent had his or separation here, even if they did not get married in
her habitual residence in the state where this country. What is important is that the court
the divorce was obtained has jurisdiction over both parties
(2) If both spouses were nationals of said 3. Most countries assume jurisdiction over case for
state legal separation on the basis of the domicile of one
(3) Although the petitioner was a national of of the parties or the matrimonial domicile
another country, he or she had his or her
residence in the place where the divorce Note: It is NOT necessary that the cause for legal
was obtained separation take place in the country for our courts to
have jurisdiction over the case.

Grounds for legal separation under Philippine internal the presumptive legitime of the children of
law (Article 55, FC) their first marriage are considered
1. Repeated physical violence or grossly abusive LEGITIMATE CHILDREN
conduct against the petitioner, a common child, or
a child of the petitioner
2. Physical violence or moral pressure to compel the
petitioner to change religious or political affiliation
3. Attempt to corrupt or induce the petitioner, a Law governing the rights and duties between parent
common child, or a child of the petitioner, to and child
engage in prostitution, or connivance in such 1. If the child is legitimate – either the common
corruption or inducement
personal law of the parents or the personal law of
4. Final judgment sentencing the respondent to
the father if the parents are of different
imprisonment of more than 6 years, even if
nationalities governs
pardoned
5. Drug addiction or habitual alcoholism of the 2. If the child is illegitimate – The personal law of the
respondent mother is decisive, UNLESS the child is
6. Contracting by the respondent of a subsequent subsequently recognized by the father, in which
bigamous marriage, whether in the Philippines or case the rules on legitimate children will be applied
abroad
7. Lesbianism or homosexuality of the respondent Doctrine of immutability of status
8. Sexual infidelity or perversion The status of a child (whether legitimate or illegitimate) is
9. Attempt by the respondent against the life of the not affected by a subsequent change of nationality of the
petitioner parents
10. Abandonment of petitioner by respondent without ★ But the rights an duties of parent and child would
justifiable cause for more than one year after the parents’ change of nationality, be
governed by the new national law of the parents
Defenses to legal separation under Philippine internal
law (Article 56, FC)
Legitimation, defined
1. Condonation of the offense or the act complained
A process whereby children who in fact were not born in
of
lawful wedlock and should therefore be ordinarily considered
2. Consent of the aggrieved party to the commission
illegitimate children are by fiction of law and upon
of the act or offense complained of
compliance with certain legal requirements, regarded by law
3. Connivance between the parties in the commission
of the offense or act constituting the ground for as “legitimate,” it being supposed that they were born after
legal separation their parents had already been validly married.
4. Where both parties have given ground for legal
separation Conflicts rules on legitimation of children
5. Collusion between the parties to obtain legal 1. The requisites of legitimation are generally
separation considered those prescribed by the national law of
6. Prescription the parents, and if the latter have different national
laws, the national law of the father
Note: The prescriptive period for filing of an action for legal 2. In countries following the domiciliary theory, law of
separation in the Philippines is 5 years from the time of the the domicile of the parents, or in proper cases, the
occurrence of the case (Art. 57, FC) law of the domicile of the father should govern
Chapter 13 Philippine internal law on legitimation of children

Status of Children (Articles 177-182, FC)
Requisites for legitimated children
Conflict rules in determining legitimacy of children 1. The child was conceived AND born outside lawful
wedlock
1. If the parents are of the same nationality – their
2. The parents at the time of the child’s conception,
common personal law (national law or law of
domicile) will be applied were not disqualified by any impediment to marry
each other
2. If the parents are of different nationalities –
personal law of the father governs Note: Legitimation creates a permanent (immutable) status
of the child
Legitimate and illegitimate children under Philippine
internal law Adoption
1. Legitimate children – children conceived or born An act, which establishes a relationship of paternity and
during the marriage of the parents filiation and in so doing, endows the child with legitimate
status
2. Illegitimate children – children conceived and born
outside a valid marriage Law which determines whether the relationship of
★ EX: Children born of void marriages under adoption has been created or not
Article 36 (psychological incapacity) and
1. The child’s personal law
Article 53 (those born of the first marriage
of parties before said first marriage had 2. If the child does not reside in the country of his
been annulled or declared void, and who citizenship – the personal law of the adopter will
marry a second time without delivering

govern, or the personal law of the adopter and that

of the child will be applied concurrently Recognition of a foreign decree of adoption
While there is no provision of law nor jurisprudence
Law which determines the legal effects of adoption expressly requiring the Philippines to recognize a foreign
The legal effects of adoption are determined by the same decree of adoption, it is believed that under Sec. 48 of Rule
law that created the relationship of adoption 39 of the Rules on Civil Procedure, we can recognize such
foreign decree of adoption provided the foreign court had
jurisdiction to render said decree, and that there is no want
of notice, collusion, extrinsic fraud, or clear mistake of law
or fact leading to the foreign decree of adoption
Adoption by aliens in the Philippines Does adoption confer on the adopted child the
Under RA 8552 or the Domestic Adoption Act of 1998, aliens citizenship of the adopter?
(who are not even former Filipino citizens) can adopt in our No. Adoption does not confer on the adopted child the
country, provided: citizenship of the adopter. Adoption is a matter political and
1. The have the same qualifications as those required not civil in nature, and the ways in which it should be
of Filipino citizens conferred are outside the ambit of the Civil Code.
2. Their countries have diplomatic relations with our
country Chapter 14
3. They have been living in the Philippines for at least Wills, succession, and administration of the estate of
3 years prior to the filing of the petition for deceased persons
adoption, and maintain such residence until the
adoption decree is entered Two theories or systems in determining the proper
4. The have been certified by their diplomatic or law for the transmissions of successional rights
consular offices or by any appropriate government
1. Unitary or single system – only one law
agency that they have the legal capacity to adopt
in their own countries and determines transmission of real as well as personal
5. Their government allows the adopted child to enter properties
their own country as their adopted child 2. Split or scission system – Succession to real
property is governed by the lex situs, while
Special aliens who can adopt under RA 8552 succession to movable or personal property is
1. A former Filipino citizen who seeks to adopt a governed by the law of the domicile of the
relative within the 4th degree of consanguinity or deceased at the time of his death
affinity
2. One who seeks to adopt the legitimate son or Note: In the Philippines, we follow the unitary or single
daughter of his or her Filipino spouse system, in that Article 16 of the NCC applies the
3. One who is married to a Filipino citizen and seeks national law of the deceased, whatever may be the
to adopt jointly with his or her spouse a relative nature of the property and regardless of the country
within the 4th degree of consanguinity or affinity of where the property is found
the Filipino spouse
These aliens need not comply with the residency in the Extrinsic v. intrinsic validity of wills
Philippines and they also need not submit a certification that Extrinsic validity Intrinsic validity
they have the capacity to adopt from the diplomatic or
consular office of their country in the Philippines or any Forms and solemnities of Substance of wills
other government agency wills
Note: RA 8552 still requires that the (alien) husband and Deals with the forms and Concerns itself with:
wife must jointly adopt. However in cases where the solemnities in the making of 1. Order of succession
spouses are legally separated, the husband or the wife can wills which include: 2. Amount of
adopt alone, and the consent of the other spouse to an 1. Age and successional rights,
adoption filed by one spouse is not necessary testamentary and other matters of
capacity of the substance
Nature of adoption in Philippine law testator
1. Adoption proceedings are always judicial an din 2. Form of the will
rem, i.e., publication is required (notarial or
2. A mere agreement of adoption between the holographic) etc
adopters and the parents of the child is not a valid
adoption, nor the fact that the child had been
adopted de facto (ampon) by the alleged adopting
parents Conflicts rules in the Philippines on extrinsic validity
3. Neither is mere registration of the child in the civil of wills
registry as the child of the adopter a valid 1. If a Filipino makes a will abroad - he may comply
adoption. This even amounts to the crime of with the formalities of Philippine law (lex nationalii)
simulation of birth or the lex loci celebrationis (the law of the place
4. The capacity and right of the adopter to file a where he was at the time of the execution of the
petition for adoption are governed by the law in will) – Art. 815, NCC
force at the time the petition is filed, and cannot be 2. If an alien makes a will abroad - he may comply
impaired by a new law disqualifying him or her for with the formalities of his lex nationalii (law of the
adoption

country of which he is a citizen, the lex domicilii 3. If the revocation is done outside the Philippines by
(law of his domicile0, or the lex loci celebrationis a person who is domiciled here, it is valid if made
3. If an alien makes a will in the Philippines – he may in accordance with our law (lex domicilii) or lex loci
actus of the revocation (the place where the
comply with the formalities of his own country (lex
revocation was made)
nationalii) or of Philippine law (lex loci
celebrationis)
Probate, defined
4. Holographic wills – must be entirely written, dated, Probate is the process of proving before a competent court
and signed by the hand of the testator. It is subject the due execution of a will, that the testator was possessed
to no other form and may be made in or out of the of testamentary capacity, and the approval by said court of
Philippines and need not be witnessed (Art. 810, the will
NCC)
Conflict rules on probate of wills
Conflicts rules on joint wills 1. The allowance of disallowance of a will is
1. Filipinos cannot make joint wills whether he or essentially procedural, so that the law of the forum
abroad applies to all procedural matters
2. Joint wills made by aliens shall be considered valid 2. Art. 838, 1st par: “now will shall pass either real
in the Philippines if valid according to their lex
or personal property unless it is proved and
nationalii or lex domicilii or if valid under lex loci
celebrationis allowed in accordance with the Rules of Court”
3. Joint wills made by aliens in the Philippines are 3. There is no period of prescription for the probate of
void even if valid under their lex nationalii or lex a will
domicilii in order that our public policy on joint wills 4. Wills proved and allowed in a foreign country
may not be militated against according to the laws of each country may be
4. A joint will executed by an alien and a Filipino allowed, filed, and recorded by the proper court in
citizen abroad will be valid even as to the alien (if the Philippines
his national law or law of his domicile or lex loci 5. Although a foreign will had already been probated
celebrationis allows it) but void as to the Filipino in a foreign country, it still has to be reprobated in
the Philippines in accordance with our procedural
Conflicts rules on intrinsic validity of wills law it is sufficient to ask for the enforcement of
1. lex nationalii – in countries that follow the the foreign judgment of the probate abroad
nationality theory 6. The evidence necessary for the probate or
2. lex domicilii – in countries that follow the allowance of wills which have been probated
outside the Philippines are:
domiciliary theory
(1) The due execution of the will in
accordance with the foreign law because
What governs the intrinsic validity of wills in the
we cannot take judicial notice of foreign
Philippines
laws
The NCC applies the lex nationalii of the decedent
(2) The testator had his domicile in the
✯ Note: in case of conflict between the nationality foreign country where the will was
theory and the domiciliary theory, we can treat the probated
case as one of “renvoi” so that we can still apply (3) The will had been admitted to probate in
Philippine law even if the deceased was a citizen of said country
another country (4) The foreign tribunal is a probate court
(5) The laws of the foreign country on
procedure and allowance of wills were
Conflicts rules if a person dies intestate followed
1. In civil law countries – the national law of the
Administration of estate of deceased persons
decased applies
Administration is the process of determining and realizing
2. In common law countries – the lex domicilii of the the assets of a deceased person, the payment of the debts
deceased at the time of death applies with respect of the estate, and the actual distribution of the residue to
to personalty, while the lex situs applies with the heirs
respect to real property
Conflicts rules on administration of estate of
Conflicts rules on revocation of wills deceased by persons
1. Under Art. 829 of the NCC, a revocation done 1. Administration is procedural in nature. It is the lex
outside the Philippines by a person who does not fori that governs not the law that determines how
have his domicile here is valid if done according to: the estate of the deceased is to be distributed
(1) The law of the place where the will was 2. In charge of the administration is the executor or
made (lex loci celecbrationis) or an administrator with a will annexed or an
(2) The law of his domicile at the time of administrator
revocation (lex domicilii)
Note: ignores the law of the place of
Executor Administrator Administrator
revocation
with a will
2. If the revocation is done in the Philippines, it is
annexed
valid if made in accordance with the provisions of
our CC

Appointed by Appointed by the Appointed by the Given artificial status since did not have fixed status
testator in his court if there is a court if there is – personal law of the owner
will will but no no will
executed is Philippine rule on personal properties
designated
therein Art. 15 of the CC real property as well as personal
property is subject to the law of the country where it is
situated
3. The executor is qualified, and the administrator of Matters governed by lex situs with respect to real
the estate is appointed, by the court of the country property
where the deceased was domiciled at the time of 1. Extrinsic validity
his death, or if he was a non-domiciliary, the 2. Intrinsic validity
country where his properties are found 3. Capacity of contracting parties
4. The rights, powers, and duties of the executor or 4. Interpretation of documents
administrator are coextensive with the territorial 5. Effects of ownership
jurisdiction of the court that qualified or appointed 6. Co-ownership
him 7. Accession
5. Principal domiciliary administration v. ancillary 8. Usufruct
administration 9. Lease
10. Easement
Principal domiciliary Ancillary 11. Quieting of title
administration administration 12. Registration
13. Prescription
Administration granted Administration in other 14. Police power
in the country of the countries where the 15. Eminent domain
deceased also left 16. Taxation
deceased’s last domicile
properties
Exceptions to the rule on lex situs with respect to real
properties
1. Succession governed by national law (in
6. The domiciliary administrator of the estate of a
Philippines) not lex situs
deceased American citizen in the US has no power
2. Contracts involving real property but do not deal
over and is not entitled to the possession of the
with title or real rights over the property, the issue
stock certificates of shares of stock by the
being the contractual rights and liabilities of parties
deceased in a Philippine corporation, which
certificates must be delivered to the ancillary governed by the proper law of the contract (lex
administrator loci voluntatis or lex loci intentionis)
3. In contracts where real property is given as
Caduciary rights of state in Conflict of Laws security by way of mortgage to secure a principle
There are two theories adopted by different states so that contract (i.e. loan) loan is governed by the
they may claim the properties left by a deceased who left proper law of the contract which the mortgage is
no heirs and no will: governed by the lex situs
1. Some countries adopt the theory that such 4. While the validity of the transfer of land must be
properties have become ownerless (bona vacantia) determined by the lex situs, the validity of the
hence they should revert to the State where they contract to transfer is determined by the proper
are situated by escheat law of the contract
properties pass to the State as an incident of
sovereignty, not as an heir Rules in giving constructive situs to choses in
2. In the Philippines and some civil law countries – the possession that are usually in motion
theory adopted is that the State is the last heir of a VESSELS
deceased person. Hence, the State succeeds to the
properties left by said deceased as an heir. Public vessel Law of the flag
Private or commercial Law of the country or place

Chapter 15 vessel of registry
PROPERTY
If vessel is docked at a Said port is deemed as its
foreign port temporary situs
Conflict rules on real property and personal property
GR: lex situs/ lex re sitae law of the place where the GOODS IN TRANSIT
property is located
As to liability for loss, Law of destination (Art.
Old rule on law on personal property/movables - destruction, or 1734, CC)
Mobilia sequuntur personam deterioration of goods
Personal effects or belongings of owner carried with in transit
him wherever he went.

The validity and effect Law of the place where the Sale of shares of stocks Law of the place of
of seizure of goods in goods were seized incorporation since transfer
transit (temporary situs) is recorded in the books of
the corporation
Disposition or alienation Proper law of the contract
of goods in transit (lex loci voluntatis or lex Sale of corporate shares Governed by the proper
loci intentionis) as between the parties law of the contract (lex loci
voluntatis or lex loci
intentionis)
Rules in giving constructive situs to intangible
Taxation on dividends Law of the place of
personal properties or choses in action
received by corporate incorporation
CREDITS OR DEBTS shares
Involuntary transfer of The situs of the place FRANCHISES

assignment of a debt where the debtor may be
(garnishment) served (usually his Franchises Law of the state that
domicile) - special privileges granted them
conferred by the
The proper law of the government on an
contract (the proper law of individual or corporation
the original transaction out
of which the chose in Goodwill of a business
action or credit arose)
Goodwill of business Good will of business and
Other theories: taxation thereon are
1. The law of the -Art. 521, NCC: property governed by the law of the
Voluntary assignment place where the and may be transferred place where the business is
or transfer of credit assignment is together with the right to carried on
executed use the name under which
2. The law of the the business is conducted
place where
performance or “Goodwill”
payment is
-The patronage of any
normally expected
established trade or
3. The national law
business
of the parties
Patents, copyrights, trademarks, trade names, and

Situs of a debt for Domicile of creditor service marks
taxation purposes
Administering debts Situs is the place where

the assets of the debtor
are situated
NEGOTIABLE INSTRUMENTS
The law that determines Law governing rights

whether the instrument embodied in the
is negotiable or not instrument
Note: American
Restatement claims that
the situs is the place where
the instrument was
executed
The law that determines The law of the situs of the

the validity of the instrument at the time of
transfer, delivery, or transfer, delivery, or
negotiation of the negotiation
negotiable instrument
SHARES OF STOCKS OF CORPORATIONS

1. A contract entered into by parties in two different

Patents, copyrights, GR: in the absence of a
countries by cablegram, telex, or fax
trade marks, trade treaty, protected only by
♥ Art. 1319 par. 2: Acceptance made by
names the state that granted or
letter or telegram does not bind the
recognized them
offeror except from the time it came to his
knowledge. The contract in such a case is
Art. 520, NCC: a trade
presumed to have been entered in the
mark or a trade name duly
place where the offer was made
registered in the proper
♥ American law: contract is deemed
government bureau or
entered into in the place where the
office is owned by and
acceptance of the offer is posted or mailed
pertains to the person,
2. Place of execution was merely casual or accidental
corporation, or firm
registering the same, ♥ The law which has the most significant
subject to the provisions of relationship to the transaction should be
special laws applied
3. (EX) When the lex loci contractus/lex loci
Intellectual property celebrationis contravenes an established and
Code: Any foreign important policy of the forum, or to apply it would
corporation being a work gross injustice to the people of the forum, or
national or domiciliary o a if the transaction is contra bonos mores
country which is a party to
a convention, treaty, or Conflict rules in determining capacity of parties to a
agreement related to contract
intellectual property rights GR: Capacity to enter into contracts is generally governed
to which the Philippines is by the personal law of the parties
also a party or which ♥ In Phil., Art. 15 NCC: Capacity of a Filipino is
extends reciprocal rights to governed by Philippine law (nationality theory)
our nationals by law, “shall
EX: Contracts involving alienation or encumbrance of
be entitled to the benefits
to the extent necessary to property both real and personal capacity is governed by
give effect to any provision the lex situs
of such convention.”
Conflict rules in determining intrinsic validity of
contracts
- Foreign corporation even
1. GR: Intrinsic Validity of contracts is governed by
if not engaged in business
in the Philippines may the proper law of the contract – lex loci voluntatis
nevertheless bring a civil or lex loci intentionis
or administrative action, 2. American Law (Second Restatement):
for opposition, (1) law to be applied should be the law
cancellation, infringement, chosen by the parties
or unfair competition. (2) If none, the law of the state which has the
most significant relationship to the parties
or to the transaction
3. Prof. Raleigh Minor – advocates application of
different laws:
(1) As to the perfection of contract: lex loci
celebrationis
(2) As to the validity of the consideration – lex
Chapter 16 loci considerationis
CONTRACTS (3) As to questions of performance – lex loci
solutionis
Contract, defined
Art. 1305, NCC: Meeting of minds between two persons Philippine conflict rules on intrinsic validity of
whereby one binds himself, with respect to the other, to contracts
give something or to render some service. 1. We have no specific provision of law applicable to
♥ The specific subject of contract in Conflict of Laws conflict rules on the intrinsic validity of contracts
is limited to purely civil or commercial transactions. ♥ However the policy of our law is to give
effect to the intention of the parties
Conflicts rules in determining extrinsic validity of 2. We should apply the proper law of the contract (lex
contracts loci voluntatis (express) or lex loci intentionis
GR: the extrinsic validity of contracts is governed by the lex (implied)
loci celebrationis/ lex loci contractus
Limitations to the court’s choice of law in determining
Variations to the rule of lex loci intentions in
the intrinsic validity of contracts
determining extrinsic validity of contracts
1. Generally, the parties cannot select a law that has
no connection at all with the transaction

2. If the law selected should change, it is the new law

Lease of Lex loci Personal Lex loci
that should be applied
service, celebrationis law of volntatis
♥ EX: Change of new law is so revolutionary
agency, parties or lex loci
that it could never have been
guaranty, intentionis
contemplated by parties
suretyship
3. Several laws may be selected, each of which will
govern the different elements of the transaction
Note: Agency to
4. If under the selected law, the contract is legal but
alienate or
in the place of performance, it is illegal, the
encumber real
selected law should prevail (valid contract)
property is
5. Questions of substantial and essential validity
governed by lex
(void, valid, voidable) of the contracts should be
situs
governed by the proper law of the contracts
♥ Minor details: time of payment, etc.
Lex loci Personal Lex loci
should be governed by the law of
celebrationis law of voluntatis
performance
parties
6. Parties cannot stipulate on the jurisdiction of the
courts our oust or court’s jurisdiction Liability for loss, destruction,
7. The parties cannot contract away applicable deterioration of goods in transit: law
provisions of law of destination of goods (Art. 1753,
8. American law recognizes cognovit clauses if the NCC)
parties were of equal bargaining power and debtor
and the debtor voluntarily agreed to said clause If COGSA applies, limiation on liability
♥ Cognovit clauses: specify which courts applies, unless the shipper declares
would have jurisdiction in case of breach value of goods and inserts such
or default in payment, or it may waive Contract of declaration in the bill of lading
debtor’s right to notice (confession of transportation
judgment) or carriage Contract for air transportation
(render (Warsaw Convention)
services) 1. The liability of the airline in case
of death, injury to passengers, or
loss or damage to cargo is
Extrinsic Capacity Intrinsic governed by Warsaw Convention
validity of validity 2. If there was malice, gross
parties negligence, or bad faith, or
improper discrimination, carrier
Barter, sale, Lex situs Lex situs Lex situs is liable for damages beyond
donation those limited by Warsaw
Convention
Lease of Lex situs Lex situs Lex situs
property:
creates real
rights
Note: if contracts involve encumbrances of property,
Lease of Lex loci Personal Lex real or personal, apply lex situs. If personal contracts,
property: does celebrationis law of the voluntatis law on contracts will apply
not create real parties or lex loci
rights intentionis
Chapter 17
TORTS
Pledge, chattel Lex situs Lex situs Lex situs
Tort, defined
mortgage, real
Legal wrong committed upon person or property
estate
independent of contract
mortgage,
antichresis ♥ Spanish law: quasi delict/culpa aquiliana fault or
negligence
♥ American law: broader fault or negligence and
Contract of Lex loci Personal Lex loci also those committed with malice or willful intent
loan: mutuum celebrationis law of the voluntatis
parties or lex loci Concept of tort in the Philippines
intentionis Blending of both Spanish and American laws
♥ Art. 20 NCC: Every person who, contrary to law,
willfully or negligently causes damage to another,
Contract of Lex situs Lex stius Lex situs shall indemnify the latter for the same.
loan: ♥ Art. 2176 NCC: Whoever by act or omission
commodatum 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-existing

contractual relation between the parties, is called a 4. If the vessels come from different states with
quasi-delict and is governed by the provisions of identical laws, apply said identical laws
this Chapter. 5. If the vessels come from different states with
different laws, the lex loci delicti commissii is the
Law governing liability for torts in Conflict of Laws general maritime law as understood and applied by
Liability for torts in general is governed by the lex loci delicti the forum where the cas eis filed
commissi (law of the place where the delict or wrong was
committed) Foreign tort to be actionable/subject of an action for
♥ State where the social disturbance occurred has damages in the Philippines – Requisites/Conditions
the primary duty to redress the wrong and 1. Must acquire jurisdiction over the defendant (action
determine the effects of the injury; and for damages is action in personam)
♥ To compensate victim for the damage or injury 2. Foreign tort must not be penal in character
suffered 3. The enforcement of the tortuous liability should not
contravene our public policy
Three theories in determining locus delicti 4. Our judicial machinery must be adequate for such
1. Civil law theory – The locus delicti is the place enforcement
where the act began ♥ Note: all procedural matters are governed
by the lex fori Phil law).
2. Common law theory – The locus delicti is the
♥ Substantive matters are governed by the
place where the wrongful act became effective
lex loci delicti commissii, thus:
3. Theory of Dr. Rabel – The locus delicti is the (1) Period of prescription of the
place which has the most substantial connection action is governed by lex loci
with the wrongful act delecti commissii because in
Philippine law, prescription is
Modern theories in determining liability for torts substantive not procedural
1. State of the most significant relationship – the (2) Proper parties, measure of
rights and obligations of parties in a case of tort is damages, and the question
determined by the local law of the state which, whether the acts complained of
with respect to the particular issue, has the most is considered the proximate
significant relationship to the occurrence and the cause of the injury are
parties governed by the lex loci delicti
commissii
(3) The burden of proof and
2. The interest-analysis approach – This approach
defenses that may be
considers the relevant concerns that two or more interposed by defendant are
states may have in the case and their respective also governed by lex loci delicti
interests in applying their laws to it commissii
♥ If however, the case poses a real conflict
between two or more States, if the
interested forum finds that he other State Chapter 18
has a greater claim in the application of its CRIMES
law to a given case, the forum should
yield and apply the law of the other state. Tort v. Crime
♥ If the forum is disinterested in the case, it
can dismiss the same on the ground of Tort Crime
forum non conveniens
Both are wrongs
♥ In short, the state which has the more
relevant and weighty interests in the case Violates private rights Committed against state
should be considered the locus delicti
Instituted by injured person Prosecuted in the name of
3. Qavers principle of preference – Under this against wrongdoer in civil the State against the
theory, a higher standard of conduct and financial case, the purpose of which is offender in criminal actions
protection given to the injured party by one state is indemnification for damages for the purpose which are
applied by the State where the injury happened, if suffered protection and vindication of
the latter state adopts a lower standard of conduct interests of the public as a
and financial protection to the injured whole, punishment of the
offender, the reformation of
Conflict rules on maritime torts offender, or to deter others
1. If the tort is committed abroad a public vessel, from committing the same
whether on the high seas or in foreign territorial act
waters, the law of the flag is the lex loci delicti
commissii Transitory in character – Local in character and can be
2. If the tort is committed aboard a private or prosecuted only in the place
tortfeasor can be made liable
merchant vessel on the high seas, the law of the or states where the crimes
for his wrongful act in any
registry is the lex loci delicti commissii are committed
jurisdiction where he may be
3. If two vessels collide and are from the same state,
found
the law of registry is the lex loci delicti commissii

Note: In the Philippines, we follow as a GENERAL RULE the

Note: The determination of whether a wrongful act is a tort territorial theory, and by way of EXCEPTION, the protective
or crime depends on the characterization of the act in the theory
state where said act is committed
Cases where we follow the protective theory
Different theories that determine whether a state or a Art. 2, RPC: Except as provided in the treaties and laws of
legal system has jurisdiction to take cognizance of preferential application, the provisions of this Code shall be
criminal cases enforced not only within the Philippine Archipelago,
including its atmosphere, its interior waters and maritime
Under this theory, the state
zone, but also outside of its jurisdiction, against those who:
where the crime was
1. Should commit an offense while on a Philippine
Territorial theory committed has jurisdiction to
ship or airship;
try the case, and its penal
2. Should forge or counterfeit any coin or currency
code and the penalties
note of the Philippine Islands or obligations and
described therein will apply
securities issued by the Government of the
Philippine Islands;
Subjective territorial
3. Should be liable for acts connected with the
principle
introduction into these islands of the obligations
The state where the crime
and securities mentioned in the preceding number;
was begun may prosecute
4. While being public officers or employees, should
the same, even if it was
commit an offense in the exercise of their
completed in another state
functions; or
5. Should commit any of the crimes against national
Objective territorial
security and the law of nations
principle
The state can prosecute
Jurisdiction over crimes committed on board a foreign
crimes began abroad but
vessel if said vessel is within territorial waters
completed within its territory
English Rule French Rule
Emphasizes territorial Emphasizes nationality

principle theory
The country of which the
criminal is a citizen or The territory where the crime The State whose flag is flown
subject has jurisdiction to try was committed will have by the vessel has jurisdiction
Nationality or personal him for crimes allegedly jurisdiction EXCEPT: EXCEPT
theory committed by him, whether 1. In matters relating
inside or outside its territory, to internal order and if the crime affects the
provided it is a crime under disciple of the vessel peace, order, security, and
said country’s penal law and safety of the territory
2. Those which affect
solely the ship and
Protective theory Any state whose national its occupants such
interests may be jeopardized as minor or petty
has jurisdiction over criminal criminal offenses
offenses, even if it is committed
committed outside its
territory and even if
committed by an alien
Note: Under Art. 27 of UNCLOS, Philippine courts do not
Real or eclectic theory Any state whose penal code acquire jurisdiction over crimes committed on board a
has been transgressed upon vessel even if it is within our territorial waters as long as the
has jurisdiction, whether the effect of such crime does not disturb our peace and order.
crime was committed inside This is similar to the French rule.
or outside its own territory
Chapter 19
Cosmopolitan or Any state where the criminal BUSINESS ASSOCIATIONS
universality theory is found or which has
obtained custody over him Corporation, defined
can try him, unless Sec. 2 of Corporation Code: An artificial being created by
extradition applies operation of law, having the right of succession and the
powers, attributes, and properties expressly authorized by
The state of which the victim law or incident to its existence
Passive personality or is a victim or subject has
passive nationality theory jurisdiction to prosecute the Foreign corporation, defined
offense Sec. 123 of Corporation Code: One formed, organized, or
existing under any laws other than those of the Philippines

and whose laws allow Filipino citizens and corporations to do Jurisdiction over foreign corporations doing business
business in its own country or state in the Philippines, how acquired
By service of summons on:
1. Its resident agent
2. If no such agent, on the government official
Theories in determining the personal law or designated by law to that effect; or
governing law of a corporation 3. On any of its officers or agents within the
1. The theory that the personal law is the law of the Philippines (Rules of Court)
place of incorporation
2. The theory of the place or center of management Status of a contract of a foreign corporation who
3. The theory of the place of exploitation transacts business here without the necessary license
Unenforceable, but the person who contracted with the
Note: In the Philippines, we follow the theory of the place of corporation may be in estoppel if he had received benefits
incorporation from contract
Domicile of a corporation Instances when a foreign corporation not doing

Art. 51 of NCC: When the law creating or recognizing them, business in the Philippines can sue in Philippine
or any other provision does not fix the domicile of judicial courts
persons, the same shall be understood to be the place 1. Isolated transactions
where their legal representation is established or where 2. To protect its reputation, corporate name, and
they exercise their legal functions goodwill
♥ Under Corporation Code, the place of incorporation 3. For infringement of trademark or trade name
of a Philippine corporation is also its domicile
Law that applies to multinational or transnational
♥ As for a foreign corporation that has been granted
corporations
a license to operate or to do business in the
These are actual branches of big mother corporations. The
Philippines, it acquires domicile in this country by
branches having incorporated in the states where they are
virtue of said license
established are governed by the internal law of said states,
and their personal laws are the local laws of host states
Exceptions to the theory that the personal law or the
nationality of a corporation follows the place of its
incorporation
Partnership
1. For constitutional purposes – even if a corporation A partnership exists when two or more persons bind
was incorporated in the Philippines, it cannot themselves to contribute to money, property, or industry to
exploit or develop our natural resources nor a common fund, with the intention of dividing the profits
operate public utilities unless 60% of the capital is among themselves (Art. 1767, NCC)
Filipino owned (Constitution) ♥ A partnership, like a corporation, has a juridical
2. For wartime purposes – We adopt the control test personality separate and distinct from that of each
we pierce the veil of corporate identity and go of the partners
into the nationality of the controlling stockholders
Personal or governing law of a partnership
to determine whether a corporation is an enemy
Law of the country where it is created
corporation
Domicile of a partnership
Matters that are governed by the personal law of the
Art. 51 of NCC: The place where their legal representation is
corporation
established or where they exercise their principal functions
1. Requisites for the formation of the corporation
2. Required number of incorporators and the
members of the board of directors
3. The kinds of shares of stock allowed Chapter 20
4. The transfer of stocks RECOGNITION AND ENFORCEMENT OF FOREIGN
5. The issuance, amount, and legality of dividends JUDGMENTS
6. The powers and duties of the officers, stockholders,
and members Enforcement v. recognition
Enforcement of foreign Recognition of foreign
Law that determines the validity of corporate acts and judgment judgment
contracts
Determined by the place of incorporation AND by the law of Means that the plaintiff or Means that eh defendant or
the place of performance petitioner wants the court to respondent is presenting the
positively carry out and make foreign judgment on the
May a foreign corporation sue and be sued in the effective the foreign basis of res judicata
Philippines? judgment
Yes, if it has the necessary license to do business in the
Philippines. The license is required not to forbid the foreign Implies an act of sovereignty Involves merely a sense of
corporation from performing single acts but to prevent it justice
from acquiring a domicile for purposes of business without
taking the steps necessary to render it amenable to suit in
the local courts

Requires separate action or Being a matter of defense,

proceeding brought precisely recognition needs no action
to make foreign judgment or proceeding but implies
effective that an action or proceeding
has already been filed
against the defendant who is
invoking the foreign
judgment
Enforcement cannot exist Recognition does not need or

without recognition does not require enforcement
Reasons why a local court in the Philippines may

refuse to recognize or enforce a foreign judgment
1. The requisite proof of the foreign judgment may
not have been presented
♥ The manner of proving a foreign judgment
is the same as proving a foreign law
2. The foreign judgment may contravene a recognized
and established policy in our country
3. The administration of justice in the country where
the judgment came from may be shockingly
corrupt or not beyond reproach
Conditions or requirements before a local court in the

Philippines can enforce or recognize a foreign
judgment
1. There must be adequate proof of the foreign
judgment
2. The judgment must be on a civil or commercial
matter, not on a criminal, revenue, or
administrative matter
3. There must be NO:
(1) Lack of jurisdiction
(2) Want of notice
(3) Collusion
(4) Clear mistake of law or fact
4. The foreign judgment must not contravene a sound
and established public policy of the forum
5. The judgment must be res judicata:
(1) The judgment must be final
(2) Foreign court must have jurisdiction over
subject matter and parties
(3) The judgment must be on the merits; and
(4) There was identity of parties, subject
matter, and cause of action
Effects of foreign judgments in the Philippines under

Rules of Court
Sec. 48, Rule 39, 1997 Rules on Civil Procedure provides:
The effect of foreign judgment or final order of a foreign
country, having jurisdiction to render the judgment or final
order is as follows:
(a) In case of a judgment or final order upon a
specific thing, the judgment or final order is
conclusive upon the title to the thing and
(b) In case of a judgment or final order against a
person, the judgment or final order is
presumptive evidence of a right as between the
parties and their successors in interest by a
subsequent title
In either case, the judgment or final order may be repelled
by evidence of a want of jurisdiction, want of notice to the
party, collusion, fraud, or clear mistake of law or fact.


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Chapter 1 ★ International conventions

Lesley Claudio (A 2012) Page 1 of 26

Jurisdiction in personam Jurisdiction over the res

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3. When the case involves any of the exceptions to Theory of comity

Why foreign law cannot be applied if it has not been Comity

Exceptions to the applications of a foreign law

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Governs a domestic problem, A provision found in our own

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Loss of citizenship Domicile v. residence

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Rules determining one’s domicile of origin MARRIED WOMEN

Two kinds of participation of an individual under the

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2. If the participation is passive – When the ★ Advantage of this theory is that

Chapter 10 Double renvoi

When does the problem of renvoi arise? Theory of transmission v. renvoi

Lesley Claudio (A 2012) Page 10 of 26

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Marriage between a If the marriage is valid under

Lesley Claudio (A 2012) Page 12 of 26

Immutability of the property regime v. immutability

Remedy if the marriage is Remedy if the marriage is

Lesley Claudio (A 2012) Page 13 of 26

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Chapter 13 Philippine internal law on legitimation of children

Lesley Claudio (A 2012) Page 15 of 26

govern, or the personal law of the adopter and that

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Private or commercial Law of the country or place

Lesley Claudio (A 2012) Page 18 of 26

Involuntary transfer of The situs of the place FRANCHISES

Patents, copyrights, trademarks, trade names, and

Administering debts Situs is the place where

The law that determines Law governing rights

The law that determines The law of the situs of the

SHARES OF STOCKS OF CORPORATIONS

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1. A contract entered into by parties in two different

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2. If the law selected should change, it is the new law

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Note: In the Philippines, we follow as a GENERAL RULE the

Emphasizes territorial Emphasizes nationality

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Domicile of a corporation Instances when a foreign corporation not doing

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Requires separate action or Being a matter of defense,

Enforcement cannot exist Recognition does not need or

Reasons why a local court in the Philippines may

Conditions or requirements before a local court in the

Effects of foreign judgments in the Philippines under

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Lesley Claudio (A 2012) Page 26 of 26

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