Conflicts Sempio Diy Reviewer

Conflict of Laws Comprehensive reviewer of Sempio-Diy book
Chapter 1  Writings and treaties of thinkers and

famous writers
In General
Chapter 2
Conflict of Laws
That part of the municipal law of a state which directs its Jurisdiction and choice of law
courts and administrative agencies, when confronted with a
legal problem involving a foreign element, whether or not How one deals with a problem in Conflict of Laws
they should apply a foreign law or foreign laws 1. First, determine whether the court has jurisdiction
over the case.
Conflict of laws case  If it has no jurisdiction, the case should be
Any case which involves facts occurring in more than one dismissed
state or nation, so that in deciding the case, it is necessary  If it has jurisdiction, the court will
to make a choice between the laws of different states or determine whether it should assume
countries jurisdiction over the case or dismiss it on
the ground of forum non conveniens
Note: Conflict of laws is NOT part of international law.  It is the law of the forum that determines
Although it is sometimes thought of as part of international whether the court has jurisdiction over the
law because of the presence of a foreign element in a given case
problem, it is not international law in character but is part of 2. It will next determine whether to apply the internal
the municipal law of each state. By municipal law in Conflict law of the forum or the proper foreign law
of Laws is meant the internal or local law of each state.
Three kinds of jurisdiction
Conflict of laws vs. public international law 1. Jurisdiction over the subject matter
Public Conflict of laws 2. Jurisdiction over the person
International 3. Jurisdiction over the res
Law
As to persons Governs Governs private Jurisdiction over the subject matter
involved sovereign states individuals or  Conferred by law
and entities that corporations  Defined as the power to hear and determine cases
are internationally of the general class to which the proceedings in
recognized or question belong
possessed of  Cannot be conferred by consent of the parties or
international by their voluntary submission
personality  Must be invoked by filing the proper complaint or
As to nature International in Municipal in petition with the court.
character character
As to Applies only to Deals with Note: In the realm of Conflict of Laws, however, there
transactions transactions in transactions is another element which the court must consider in
involved which only strictly private in determining the matter of jurisdiction  the possible
sovereign states nature in which enforceability of its decision in foreign states, subject to
or entities with the country as the rights of said states. This is because in Conflict of
international such has Laws, jurisdiction is the power of the Court of forum to
personality are generally no render a decision that will create legal rights and
concerned and interest interests which other states will recognize and enforce.
which generally
affect public Jurisdiction over the person
interest  The competence or power of a court to render a
As to remedies The concerned Recourse is had to judgment that will bind the parties involved
applied states may first judicial or  Jurisdiction over the plaintiff: Acquired the
resort to peaceful administrative moment he invokes the power of the court by
remedies. If these tribunals in instituting the action by the proper pleading
remedies fail, the accordance with  Jurisdiction over the defendant: Acquired when
states concerned the rules of he enters his appearance or by the coercive power
may resort to procedure of the of legal process exerted by the court over him 
forcible remedies country where personal or substituted service of summons
they sit o EX: If appearance is for the sole purpose
of questioning the jurisdiction of the court.
Sources of Conflict of Laws
1. Direct sources Note: Question of erroneous service of summons must
 Treaties be raised before judgment is rendered, or this would be
 International conventions a case of waiver. Defective service may be cured by
 Constitutions actual receipt of summons or if in any other manner,
 Codifications and statutes knowledge of the existence of the case
 Judicial decisions
 International customs Jurisdiction over the Res
2. Indirect sources  Jurisdiction over the particular subject matter in
 Natural moral law controversy, regardless of the persons who may be
interested therein
Lesley Claudio (A 2012) Page 1 of 22

 The basis of the exercise of this jurisdiction is the 3. In any other manner that the court may deem
presence of the property within the territorial sufficient, e.g., by registered mail
jurisdiction of the forum even though the court
may not have personal jurisdiction over the
persons whose interests in the property are Instances when court may refuse to exercise
affected jurisdiction over a case on the basis of forum non
 The purpose of the suit is not to impose a persona conveniens
liability on anyone but it is to affect the interests of 1. The evidence and the witnesses may not be readily
all persons in a thing. available in the forum
2. The court dockets of the forum may already be
Jurisdiction in personam Jurisdiction over the res clogged so that to permit additional cases would
Binds only the parties and Binds the whole world hamper the speedy administration of justice
their successors in interest 3. The belief that the matter can be better tried and
decided in another jurisdiction, either because the
Actions quasi in rem main aspects of the case transpired there or the
 The purpose is neither to impose a personal liability material witnesses have their residence there
in a thing nor to affect the interests of all persons 4. To curb the evils of “forum shopping”  the non-
in a thing, but to affect the interests of particular resident plaintiff might have filed the case in the
persons in a thing. forum merely to secure procedural advantages or
 An action affecting the personal status of the to annoy or harass the defendant
plaintiff is also classified as an action quasi in rem 5. The forum has no particular interest in the case 
the parties not being citizens of the forum or are
Service of summons, how effected residents elsewhere, or the subject matter of the
1. In actions in personam case evolved somewhere else
(1) Personal service 6. Other courts are open and the case may be better
(2) Substituted service tried in said courts
7. The inadequacy of the local judicial machinery for
Note: Service by publication would NOT be effectuating the right sought to be enforced by the
sufficient plaintiff
8. The difficulty of ascertaining the foreign law
2. Service by publication applicable
(1) Action in rem
(2) Action quasi in rem Note: The doctrine should generally apply only if the
(3) Action involves the personal status of defendant is a corporation. For if the defendant is an
plaintiff individual, the proper forum may not be able to acquire
jurisdiction over him, thus leaving the plaintiff without
3. Extraterritorial service of summons any remedy.
(1) When the defendant does not reside and
is not found in the Philippines, and the Three instances when the forum has to apply the
action affects the personal status of the internal or domestic law (lex fori) in deciding a case
plaintiff in conflicts of law
(2) When the defendant does not reside and 1. When the law of the forum expressly so provides in
is not found in the Philippines, and the its conflicts rules
action relates to or the subject of which is, 2. When the proper foreign law has not been properly
property within the Philippines (real or pleaded and proved
personal), in which the defendant has a 3. When the case involves any of the exceptions to
claim, a lien or interest, actual or the application of the proper foreign law (i.e.
contingent exceptions to comity)
(3) When the defendant is a non-resident but
the subject of the action is property Why foreign law cannot be applied if it has not been
located in the Philippines in which the pleaded and proved
relief demanded consists in excluding the Our courts cannot take judicial notice of foreign laws
defendant from any interest therein
(4) When the property of a non-resident How a foreign law is proved under our Rules of Court
defendant has been attached in the 1. Written law
Philippines (1) An official publication thereof
 While a writ of attachment may (2) A copy of the law attested by the officer
be issued by the court, said having legal custody of the record or by
writ cannot be implemented his deputy, accompanied by a certificate
until the court has acquired of any Philippine embassy, consular, or
jurisdiction over the non- foreign service officer in the foreign
resident defendant country where the record is kept, and
authenticated by the seal of his office
Extraterritorial service, how effected 2. Unwritten law
By leave of court: (1) The oral testimony of expert witnesses
1. By personal service (2) By printed and published books of reports
2. By publication, but copy of the summons and the of decisions of the country involved if
order of the court must be sent by registered mail proved to be commonly admitted in its
to the defendant’s last known address courts

The vested-rights theory

Processual presumption of law Under this theory, our courts enforce not the foreign law or
This rule means that when the proper foreign law has not foreign judgment but the right or rights that have been
been properly proved, the court of the forum may presume vested under such law or judgment.
that said foreign law is the same as its local or domestic  Rights once acquired should be enforced regardless
law, which it can now apply of where the suit for its enforcement was filed. EX:
If foreign law is against public policy of the forum
Exceptions to the applications of a foreign law
1. When the application of the foreign law would run Theory of local law
counter to a sound and established public policy of Under this theory, we apply a foreign law not because it is
the forum foreign, but because our own law by applying a similar rule
2. When the foreign law is contrary to the almost requires us to do so, hence it is as if the foreign law has
universally conceded principles of morality (contra become part of our own internal or domestic law.
bonos mores)
3. When the foreign law involves procedural matters Theory of harmony of laws
 EX: When the law is both procedural and Under this theory, identical or similar problems should be
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
however be enforced here because such Theory of justice
clause is not criminal in nature but Since the purpose of all laws, including Conflict of Laws, is
provides only for liquidated damages the dispensation of justice, the proper foreign law should be
5. When the law is purely fiscal (i.e., revenue applied in order to attain this objective
producing) or administrative in nature  The defect of this theory, however, is that different
6. When the foreign law might work undeniable persons may have different ideas of what is just
injustice to the citizens or residents of the forum
7. When the application of the foreign law would Note: No single theory contains the whole truth; no one
endanger the vital interests of the State approach is completely valid. All of the theories have
8. When the case involves real or personal property validity. This suggests that they are not entirely exclusive.
located in our country
Chapter 4
Chapter 3 Nature and composition of conflicts rules
Theories that justify the application of the foreign law
Purely internal provision of law vs. conflicts rule
Theories that justify the application of the foreign law Purely internal provision Conflicts rule/ A
instead of domestic or internal law of law provision in conflict of
1. Theory of comity laws
2. Vested right theory Governs a domestic A provision found in our own
3. Theory of local law problem, i.e., one without a law which governs a factual
4. Theory of harmony of laws foreign element situation possessed of a
5. Theory of justice foreign element
Example: Art. 796  All Example: Art. 16  Real
Theory of comity persons who are not property as well as personal
According to this theory, no foreign law would be allowed to expressly prohibited by law property is subject to the
operate in another state except by the comity of nations may make a will law of the country where it
is situated
Comity
The recognition which one state allows within its Two kinds of conflicts rules
territory, to the legislative, executive, or judicial acts of 1. One-sided rule
another nation  Indicates when Philippine law will apply
Neither an absolute obligation nor mere courtesy  Example: Article 15 of the CC  Laws
relating to family rights and duties, or to
Two principles upon which the theory of comity the status, condition, and legal capacity of
rests persons, are binding upon citizens of the
1. The comity based on reciprocity Philippines even though living abroad
2. The comity based on the persuasiveness of a 2. All-sided or multilateral rule
foreign judgment  Indicates whether to apply the local law or
 Our Civil Procedure still follows the the proper foreign law
principle of reciprocity because in  Example: Art. 16  Real property as well
Sec. 48, Rule 39, a foreign final as personal property is subject to the law
judgment or order “is presumptive of the country where it is situated
evidence of a right as between the
parties and their successors in Parts of every conflicts rule
interest 1. The factual situation – the set of facts or
situation presenting a conflicts problem because
there is a foreign element involved

2. The point of contact or connecting factor – 4. It is generally supposed to have a universal

The law of the country with which the factual character
situation is most intimately connected
Note: The first part raises while the second part

answers a legal question
Chapter 5 Different theories on how the personal law of an

individual is determined
Characterization of conflict rules
1. The nationality theory
 Personal theory
Characterization  The status and capacity of a person are
Otherwise known as “classification” or “qualification” is the determined by the law of his nationality or
process of assigning a certain set of facts or factual his national law
situation to its proper or correct legal category. By 2. The domiciliary theory
characterizing the legal problem, the court of the parties  By virtue of which the status and capacity
involved reach the proper solution whether to apply the of a person is determined by the law of his
local law or the proper foreign law domicile
 Most writers hold that on the grounds of practical  Territorial theory
necessity and convenience, it is the forum or the 3. The situs or eclectic theory
lex fori that should determine the problem’s  Views the law of a particular place or situs
characterization unless the result would be a clear of an event or transaction as generally the
injustice controlling law
Note: Modern trend is to consider prescriptive periods Note: The Philippines follows the nationality
or Statute of Frauds that the parties had in mind at the theory.
time the transaction took place
Nationality v. citizenship
Nationality Citizenship
Chapter 6 Refers to membership in a A citizen is one who owes
Persona law – Theories in determining one’s personal political community, one allegiance to and is entitled
law that is personal and more or to the protection of the
less permanent, not State
temporary.
Personal law.
That which attaches to him wherever he may go. The law In the field of Conflict of Laws, nationality and citizenship
that generally governs his status, capacity, condition, family are the same
relations, and the consequences of his actuations. It may
be:
1. National law Chapter 7
2. Law of his domicile The Nationality Theory
3. Law of the situs
Different kinds of citizenship in the Philippines
Status vs. capacity
1. Natural born citizens
Status Capacity  Those who are citizens from birth without
Place of an individual in Only part of one’s status and having to perform any act to acquire or
society and consists of may be defined as the sum perfect their Philippine citizenship
personal qualities and total of his rights and
relationships more or less obligations Native-born Filipinos
permanent, with which the Those born in the Philippines. Natural-born
state and the community are citizens may not be native-born if they were
concerned born abroad
Two kinds of capacity 2. Citizens by naturalization

1. Juridical capacity  Those who were formerly aliens but by
 Passive capacity judicial, legislative, or administrative
 The fitness to be the subject of legal process, have become Filipino citizens
relations
2. Capacity to act Jus soli v. jus sanguinis
 Active capacity Jus soli Jus sanguinis
 The power to do acts with legal effects A person is a citizen of the It is citizenship by blood
country where he was born
Characteristics of status or of the country of his birth  This is the rule that we
1. It is conferred principally by the State, not by the follow in the Philippines
individual
2. It is a matter of public interest or social interest
Note: Each country or state has the sole power and
3. Being a concept of social order, it cannot easily be
authority to determine under its internal or municipal law
terminated at the mere will or desire of the parties
who are its citizens or nationals
concerned

Dual allegiance under Sec. 5, Article IV of the 2. Legislative process

Constitution  When Philippine citizenship is conferred by
The provision in the Constitution (dual allegiance of citizens a special act of Congress on deserving
is inimical to national interest and shall be dealt with by aliens
law) is concerned not with dual citizenship per se but with 3. Administrative process
naturalized citizens of the Philippines who still maintain their  RA 9139 or the Administrative
allegiance to the countries of their origin. Naturalization Law of 2000
Effective nationality theory  Under this law, a Special Committee on
Within a third state, a person having more than one Naturalization is created, with the power
nationality shall be treated as if he had only one. Without to approve, deny, or reject applications for
prejudice to the application of its law in personal matters naturalization filed with said Committee
and of any conventions in force, a third state shall apply the
nationalities which any such person possesses, recognize Derivative naturalization
exclusively in its territory either the nationality of the Philippine citizenship conferred on:
country in which he is habitually and principally a resident, 1. The wife of a naturalized husband
or the nationality of the country with which in the 2. The minor children of a naturalized father
circumstances he appears to be in fact mostly connected 3. The alien wife of a natural born or naturalized
 The law of the country of which the deceased was citizen, in the latter case, the marriage having
both a citizen and a domiciliary at the time of her taken place after the husband’s naturalization
death is considered more effectively connected to
her than her other national law.
Citizens of the Philippines under the 1987

Constitution
1. Those who are citizens of the Philippines at the
time of the adoption of this Constitution
2. Those whose fathers or mothers are citizens of the
Philippines
3. Those born before January 17, 1973, of Filipino
mothers, who elect Philippine citizenship upon
reaching the age of majority and
4. Those who are naturalized in accordance with law
Citizenship of a Filipino woman who marries a

foreigner
Citizens of the Philippines who marry aliens shall retain their
citizenship unless by their act or omission they are deemed,
under the law, to have renounced their Philippine citizenship
(Article 4, Sec. 4, 1987 Constitution)
Citizenship of an alien woman who marries a Filipino

husband
Under Sec. 15 of the Revised Naturalization Law (Com. Act
No. 475), an alien woman marrying a Filipino, native-born
or naturalized, becomes ipso facto a Filipino, provided she is
not disqualified to be a citizen of the Philippines under Sec.
4 of the same law.
 It is enough that an alien wife proves that she is
not disqualified to be a Filipino citizen not
necessarily in court but even before an agency like
the Immigration Commission
Note: An alien woman married to an alien husband

who (the husband) is subsequently naturalized also
follows the Philippine citizenship of her husband,
provided she does not suffer from any of the
disqualifications under Sec. 4 of the same Revised
Naturalization Law. This is a case of derivative
naturalization (similar to the minor children of a
naturalized Filipino citizen)
Naturalization
The process of conferring on an alien the citizenship of
another country by any of the means provided by law.
Modes of acquiring Philippine citizenship by

naturalization
1. Judicial process
 Com. Act No. 475 as amended by RA 530

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 of
2. He must have, as a rule, resided in the age, at the time of filing of his/her petition
Philippines for a continuous period of not less 3. The applicant must be of good moral character
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 the
period of his residence in the Philippines in 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 trade, prescribed as part of the school curriculum and
profession, or occupation where enrollment is not limited to any race or
5. He must be able to speak and write English or nationality: Provided, that should he/she have
Spanish and any one of the principal minor children of school age, he/she must have
languages and enrolled them in similar schools.
6. He must have enrolled his minor children of 5. The applicant must have a known trade,
school in any of the public or private schools business, profession, or lawful occupation, from
recognized by the Bureau of Private Schools which he/she derives income sufficient for
where Philippine history, government, and his/her support and if he/she is married and/or
civics are taught or prescribed as part of the has dependents, also that of his/her family:
school curriculum during the entire period of Provided, however, that this shall not apply to
the residence required of him, prior to the applicants who are college degree holders but
hearing of his petition for naturalization as are unable to practice their profession because
citizen 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: Denotes a fixed, permanent Used to indicate a place of
1. By naturalization in a foreign country residence to which, when abode, whether permanent
2. By express renunciation of citizenship absent, one has the or temporary
3. By subscribing an oath of allegiance to support the intention of returning
constitution or laws of a foreign country upon Residence is not domicile, but domicile is residence coupled
attaining twenty-one years of age or more with intention to remain for an unlimited time
4. By accepting commission in the military, naval, or
air service of a foreign country Domicile v. citizenship
5. By cancellation of the certificate of naturalization Domicile Citizenship
6. By having been declared by competent authority, a Speaks of one’s permanent Indicates ties of allegiance
deserter of the Philippine armed forces in time of place of abode and loyalty
war, unless subsequently a plenary pardon or A person may be a citizen or national of one sate and a
amnesty has been granted; and domiciliary of another
7. In case of a woman, upon her marriage to a
foreigner, if, by virtue of the laws in force in her Note: The forum applies its own concept of domicile in
husband’s country, she acquires his nationality determining the domicile of a litigant before its courts (law
 Under the 1987 Constitution, however, of the forum/lex fori, NOT national law, is the law that
the woman retains her Philippine determines one’s domicile)
citizenship unless by her act or omission
she is deemed under the law to have Different kinds of domicile
renounced her Philippine citizenship
1. Domicile of origin: The domicile assigned by law
to a person at the moment of his birth
Philippine citizenship, how reacquired 2. Constructive domicile or domicile by
Under C.A. 63, as amended, Philippine citizenship may be operation of law: The domicile assigned by law to
reacquired as follows: a person after birth on account of a legal disability,
1. By naturalization, provided the applicant possesses like minority, insanity, imprisonment, etc.
none of the disqualifications 3. Domicile of choice: The domicile of a person sui
2. By repatriation of deserters of the Army, Navy, or juris because he has his home there and to which,
Air Corps, Provided, that a woman who lost her whenever absent, he intends to return
citizenship by reason of her marriage to an alien
may be repatriated in accordance with the Principles regarding one’s domicile of choice
provisions of this Act after the termination of the 1. No person can ever be without a domicile or every
marital status natural person must have a domicile
3. By direct act of Congress 2. A person cannot have two simultaneous domiciles
3. A natural person, free (not a prisoner) and sui juris
RA 9225 – Citizenship Retention and Reacquisition (one of age and under no disability), can change
Act of 2003 his domicile at pleasure
Under this law, natural born Filipino citizens who had been 4. A domicile, once acquired, is retained until a new
naturalized in foreign countries are deemed to have one is gained
reacquired Philippine citizenship by taking an oath of 5. The presumption being in favor of the continuance
allegiance to the Philippine Constitution and laws. Those of an existing domicile, the burden of proof is on
who become naturalized in foreign countries after the the one who alleges that a change of domicile has
effectivity of the Act retain their Philippine citizenship upon taken place
taking the same oath 6. To acquire a new domicile of choice, the following
must concur:
Chapter 8 (1) Residence or bodily presence in the new
Domiciliary Theory locality
(2) An intention to remain there (animus
Domiciliary theory manendi) and
It is the theory whereby the status, condition, family rights (3) An intention not to return to the former
and obligations, and capacity of a person are governed by abode (animus non revertendi)
the law of his domicile or the lex domicilii
Rules determining one’s domicile of origin
Domicile If the child is legitimate His domicile of origin is that
It is the place where a person has his true, fixed, of his parents at the time of
permanent home, and principal establishment, and to his birth
which, whenever he is absent, he has the intention of
returning. If parents are separated, the
 Art. 50 of the CC: For the exercise of civil rights domicile of the custodial
and fulfillment of civil obligations, the domicile of parent
natural persons is the place of their habitual If the child is illegitimate His domicile of origin is that
residence of the mother at the time of
his birth
If the child is legitimated The domicile of his father at
the time of his birth controls
If the child is adopted The domicile of origin is the

domicile of his real parents

at the time of his birth, NOT
the domicile of the adopters Chapter 9
If a foundling The domicile of origin is the The situs or eclectic theory
country where it was found
Situs or eclectic theory
Rules determining one’s constructive domicile The capacity, status, and family relations of a person are
MINORS governed not necessarily by the law of his nationality or the
1. If legitimate, the domicile of both parents law of his domicile but by the law of the place (situs) where
 In case of disagreement, that of the an important element of the problem occurs or is situated
father, unless there is a judicial order to
the contrary Two kinds of participation of an individual under the
2. If illegitimate, the domicile of the mother situs or eclectic theory
3. In case of absence or death of either parent, the 1. If participation is active – When he does an act
domicile of the present parent. voluntarily, the governing law is the law of the
 Even in case of remarriage of the actual situs of the transaction or event
surviving parent, still his/her domicile 2. If the participation is passive – When the
determines the constructive domicile of effects of the act are set forth or determined by
the minor child law, the governing law is the law of the legal
4. If the child is adopted, the domicile of choice of the situs, i.e., the domicile of the individual concerned
adopter is the child’s constructive domicile
INSANES, IDIOTS, IMBECILES
Chapter 10
The law assigns their domicile to them: The problem of the “renvoi”
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 Renvoi
the domicile of choice of their guardians  A French word which means “refer back” or
3. If they are of age and have no guardians, their “return”
constructive domicile is their domicile of choice  In Anglo-American countries, the term used is
before they became insane “remission,” which means to refer a matter for
MARRIED WOMEN consideration or judgment
 Doctrine whereby jural matter is presented which
1. The constructive
the conflict of laws rules of the forum refer to a
domicile of the wife is
foreign law, which in turn refers the matter back to
the domicile of both
the law (reference to a third state is transmission)
spouses, unless the law
allows the wife to have a
When does the problem of renvoi arise?
separate domicile for
The problem of renvoi arises when there is doubt as to
valid and compelling
whether the reference by the lex fori (the law of the country
If the marriage is valid reasons
where the problem arises) to the foreign law involves:
2. If there is legal
1. A reference to the internal law of the foreign law or
separation between the
2. A reference to the entirety of the foreign law
spouses, the wife can
including its conflicts rules
have her own domicile of
 In such case, if the first state follows the
choice
nationality theory, and the second state
3. If there is a separation
follows the domiciliary theory, the
de facto, the wife can
problem of renvoi will most probably arise
also have a separate
domicile
Four solutions the court can adopt when confronted
Apply the same rules when
with a renvoi problem
If the marriage is the marriage is valid.
1. Reject the renvoi
voidable However, after annulment,
 Only internal law
the wife can freely select her
 This means that the court does not want
own domicile of choice
the problem to be sent back to us.
If the marriage is void The wife can have a domicile
 As in the case of the testate or intestate
separate from the husband
succession of a foreigner but domiciled in
OTHER PERSONS our country, we would simply apply his
Convict or prisoner His domicile is the one he national law or the internal law of his
had possessed prior to his country
incarceration 2. Accept the renvoi
Soldiers Their domicile is their  Totality of foreign laws
domicile before their  Courts recognize referral and apply local
enlistment law
Public officials or Their domicile is the one  Accept the referral or transmission of the
employees abroad they had before they were case back to us, so that instead of
(diplomats, etc) assigned elsewhere, unless applying the foreign internal law,
they voluntarily adopt their Philippine law is applied
place of employment as  Single renvoi or single transmission
their permanent residence

3. Follow the theory of desistment or the mutual 2. Extraordinary – With an intra-uterine life of less
disclaimer of jurisdiction theory than 7 months, in which case it must live for at
 Refrain from applying the national law of least 24 hours after complete delivery from the
the deceased foreigner, although our law mother’s womb
tells us to do so.
 If said law follows the domiciliary theory Note: In Conflict of Laws, personal law determines the
and directs that we apply the law of the beginning of one’s personality.
domicile of the deceased, so in the end,
we still apply Philippine law Civil personality, when extinguished
 Some result as acceptance of Art. 42 of the NCC: Civil personality is extinguished by
renvoidesist apply foreign law death
4. Apply the foreign court theory  Refers to physical death not civil death
 We would simply do what the foreign  A declaration of death in accordance with one’s
court would do if confronted with the personal law (whether his national law or the law
same case of his domicile) by a court of competent jurisdiction
 Advantage of this theory is that regardless is considered valid for all purposes
of the forum, the applicable law will be the
same Absence, defined
 Can also result in international ping pong A special legal status pertaining to a person who has
disappeared from his domicile, his whereabouts being
Double renvoi unknown, without leaving an agent to administer his
This occurs when the local court, in adopting the foreign property or even if he had left an agent, the power
court theory, discovers that the foreign court accepts the conferred by the absentee on the agent has expired
“renvoi.” But since the foreign law remits the case to  One status of being absent is determined in
Philippine law, being the law of the deceased’s domicile, the accordance with his personal law
foreign court may discover that Philippine law does not  Our own courts also have jurisdiction to declare an
accept the remission (as it applies the national law of the alien domiciliary in the Philippines as absent
deceased) so the foreign court, sitting as a Philippine court,
would still apply its own internal law. This is then what our Judicial declaration of absence under Philippine law
court will apply. After the lapse of two years without any news about the
absentee or since the receipt of the last news, and five
Theory of transmission v. renvoi years if the absentee has left an administrator of his
Theory of transmission Renvoi property, his absence may be declared
Transmission is the process Renvoi means to refer a
of applying the law of a matter for consideration or Instances when an absentee may be presumed dead
foreign state thru the law of judgment and for what purposes
a second foreign state 1. For purposes of remarriage – the absentee may
Transmission involves three Renvoi involves two laws be presumed dead after four years of absence,
laws the present spouses having a well-founded belief
that the absentee is already dead
 However, in case of disappearance where
there is danger of death, an absence of 2
Chapter 11
years is enough (extraordinary absence)
Conflict rules on status and capacity
2. For all other purposes EXCEPT succession – an
absence of seven years, it being unknown whether
When human personality begins under our law or not the absentee still lives
 Art. 40, NCC: Birth determines personality, but 3. For the purpose of succession – an absence of
the conceived child shall be considered born for all 10 years is required, except if the absentee
purposes that are favorable to it, provided it be disappeared after the age of 75 years, in which
born later with the conditions specified in the case an absence of 5 years is enough to open his
following article succession
 Art. 41, NCC: For civil purposes, the fetus is
considered born if it is alive at the time it is What determines the age of majority in Conflict of
completely delivered from the mother’s womb. Laws?
However, if the fetus had an intra-uterine life of It is the personal law of the person that determines whether
less than 7 months, it is not deemed born if it dies he has reached the age of majority or not.
within 24 hours after its complete delivery from the
maternal womb Our conflicts rules on capacity to contract
A person’s capacity to contract is governed by his personal
Personality really begins at conception, subject to the law, whether it is the lex nationalii or the lex domicilii
following conditions:  EX: Contracts involving real or personal property in
1. The purpose is favorable to the fetus which cases the lex situs or lex rei sitae applies
2. If it is born alive under Art. 41 of the NCC including the capacity of the contracting parties
Two kinds of children Note: It is suggested that Article 15 of the CC applying the
Depending on conditions of its birth nationality theory be limited to strictly family and domestic
1. Ordinary – With an intra uterine life of at least 7 transactions, while the law governing the contract should
months govern ordinary day-to-day business contracts.

Change of names and surnames the circumstances showing such capacity to contract
A change of name is a special proceeding to establish the marriage
status of a person involving his relation with others. Aliens
can ask for change of name in the Philippines, provided they Common law marriages of foreigners
are domiciled here. As to common law marriages of foreigners who come to the
 Status of alien is governed by his lex domicilli Philippines as husband and wife, it would seem that we
 But an alien whose citizenship is either should consider the marriage valid if valid under their
controverted or doubtful cannot ask for a change of national law or the law of the place where the relationship
name began. But the marriage must not be contra bonos mores or
universally considered incestuous
Legislative jurisdiction vs. judicial jurisdiction over
one’s status Foreign marriages of Filipinos
Legislative jurisdiction Judicial jurisdiction GR: Under Art. 26 of the Family Code, all marriages outside
Legislative jurisdiction over Judicial jurisdiction over the Philippines in accordance with the laws in force in the
one’s status is the power of one’s status is the power of country where they were solemnized and valid there as
his personal law to govern the courts to decide such, shall also be valid in this country, except those
his status wherever he goes questions or controversies prohibited under Articles 35(1), (4), (5), and (6), 36, 37,
concerning one’s status and 38.
 In other words, we follow the rule of lex loci
Note: Thus, our courts can decide cases involving the celebrationis
status and capacity of foreigners brought before them, but EX: A foreign marriage of Filipinos in a foreign country will
in doing so, our courts will apply the personal law of the still be void in the Philippines if:
foreigner, whether it be his national law or the law of his 1. Either or both parties did not have legal capacity to
domicile, depending on what theory the country of his get married (Art. 35 (1))
citizenship follows. 2. The marriage is immoral for being bigamous or
 Example: Even if the personal law of the foreigner polygamous (Art. 35 (4))
allows divorce, he cannot apply for divorce from his 3. Consent of one party is lacking, because of mistake
spouse before a Philippine court because we do not as to the identity of the other (Art. 35 (5))
recognize divorce and our courts have no 4. One of the parties was psychologically
jurisdiction to grant divorces. However, a foreigner incapacitated at the time of the marriage to comply
who applies for legal separation in our country on a with the essential marital obligations (Art. 36)
ground available under his national law but not 5. The marriage is incestuous (Art. 37)
under our law, may obtain a favorable judgment 6. The marriage is void by reason of public policy
from our courts, because it is his national law on (Art. 38)
legal separation that our courts will apply, but
subject to our procedural law. Note: Consular marriages of Filipinos abroad are valid (Art.
10, Family Code)
Chapter 12
Conflicts rules on marriages between foreigners
Conflicts rules on marriage
solemnized abroad
1. We still apply the rule of lex loci celebrationis, but
Philippine internal law on the formal validity of not the exceptions in the first par. of Art. 26 of the
marriages or the validity of marriage as a contract Family Code which apply only to Filipinos
1. Essential requisites  But universally considered incestuous
(1) Legal capacity of the contracting parties marriages and marriages that are highly
who must be male and female immoral are excepted
(2) Consent freely given in the presence of a 2. Proxy marriages – Not allowed under Philippine
solemnizing officer internal law
2. Formal requisites  Rule in the US – if permitted by the law of
(1) Authority of the solemnizing officer the place where the proxy participates in
(2) A valid marriage license the marriage ceremony, proxy marriages
(3) A marriage ceremony takes place with the are entitled to recognition insofar as the
appearance of the contracting parties formal validity of the marriage is
before the solemnizing officer and their concerned
personal declaration that they take each 3. Marriages on board a vessel on the high seas –
other as husband and wife in the presence Since the country whose flag the ship is flying has
of not less than two witnesses of legal age jurisdiction over the ship, the rule is that
compliance with the law of the said country is
*Absence of requisites shall cause marriage to be void. required for the marriage to be valid
Irregularity in formal requisites shall not affect validity of 4. If the parties or at least the husband is a Muslim –
marriage. it is believed that we would recognize up to four
marriages of the same husband (Philippine Muslim
Note: The above formal requisites apply to foreigners who Code on Personal Laws)
get married in the Philippines. If one or both of the parties
are foreigners, the foreigner must submit a certificate of Mixed Marriages
legal capacity to contract marriage issued by the diplomatic Marriage between a If the marriage is valid
or consular officials of his/her country in the Philippines Filipino and foreigner under the law of one of the
before he/she can be issued a marriage license. Stateless ABROAD spouses while void under the
persons or refugees need only to submit an affidavit stating law of the other, we should

uphold the validity of the Conflict rules on the law governing personal relations
marriage, unless the of spouses who change nationalities
marriage is universally General Rules
incestuous or highly immoral 1. If the spouses have the same nationality but they
(the same rule as to acquire a new nationality by their common act –
foreigners who get married their new national law will govern their personal
abroad) relations
Marriage between a The national law of the 2. If the husband alone changes his nationality after
Filipino and a foreigner in Filipino – Philippine law the marriage – the law of the last common
the PHILIPPINES should be followed – nationality of the spouses would govern
otherwise our public policy 3. If the spouses retain their different nationalities
would be violated after the marriage – National law of both spouses
should govern
Two aspects of marriage as a status  RE: 3 Better solution: apply the national
1. Aspect of personal rights and obligations of the law of the husband at the time of the
spouses marriage
 Purely personal and are not ordinarily EXCEPTIONS
interfered with by the courts 1. If the national law of the husband violates public
policy of the forum
2. The national law of the wife happens to be the law
2. Aspect of their property relations of the forum
 The law lays down rules and judicial
sanctions as they may affect public
interest Conflicts rules on the property relations of husband
and wife
Law governing personal relations of spouses in GR: Property relations of the spouses are governed by
Conflict of Laws Philippine law, regardless of the place of the celebration of
GR: Law of the husband marriage and their residence (nationality theory)
1. Countries that follow the nationality theory (e.g.  If one spouse is a Filipino (wife or husband) and
Philippines) – apply the spouses’ national law in the other is an alien, Philippine law would still
determining their personal relations with each govern
other
2. Countries that follow the domiciliary theory – the EX:
personal relations of the spouses are governed by 1. If both spouses are aliens – general rule in Conflict
the law of their domicile of Laws will apply
2. With respect to extrinsic validity of contracts
Spouses of different nationalities: law governing their affecting real property – the lex situs will govern
personal relations the formalities to be observed for the contract’s
GR: The personal relations of the spouses are governed by validity
the national law of the husband
Doctrine of immutability of matrimonial (property)
Alien woman who Ipso facto becomes a Filipino regime of the spouses
marries a Filipino citizen if she does not suffer Regardless of the change of nationality by the husband or
husband under any disqualification for the wife or both, the original property regime that prevailed
naturalization as a Filipino at the start of their marriage prevails
citizen
Immutability of the property regime v. immutability
Personal relations: of the law governing the property regime
national law of the husband Immutability of the Immutability of the law
shall govern (GR) property regime governing the property
A Filipina who marries an Constitution provides that regime
alien husband she “shall retain her A subsequent change of The law that creates and
Philippine citizenship, unless nationality by the husband governs the property regime
by her act or omission, she or wife or both does NOT may change
is deemed, under our law, to change the original property
have renounced her regime
citizenship”
Annulment v. Declaration of nullity of marriage
Personal relations: Art. 80 Annulment Declaration of nullity
of the Family Code provides Remedy if the marriage is Remedy if the marriage is
that the national law of the voidable or annullable (valid void ab initio
wife or Philippine law would until annulled)
govern the spouses’
personal relations (rule was Voidable v. void marriage – legal effects
intended to protect the Voidable marriage Void marriage
Filipino wife) It can be convalidated either It cannot be convalidated
by free cohabitation or
prescription

The same property regime The only property 4. Consular marriages – either the national law or the
as in a valid marriage is relationship between the law of the domicile of the parties applies
established between the parties is a co-ownership
spouses Courts that have jurisdiction over cases for
The children are legitimate if The children are illegitimate, annulment or declaration of nullity of marriage
conceived before the decree except children of void 1. In the Philippines – since we follow the nationality
of annulment marriages under Art. 36 and theory, our courts have jurisdiction
53 of FC  Litigants are Filipinos
 Citizens and domiciliaries can file in the
Art. 36 – children born Philippines, even if the defendant is a non-
under marriage that is void resident
on the ground of psy. 2. In other countries – it is usually the courts of the
Incapacity parties’ domicile who have jurisdiction over such
cases since that is the place which has the greatest
Art. 53 – children born of interest in the domestic relations of the spouses
the first marriage of parties
before said first marriage Rules on the validity of foreign divorces by foreigners
had been annulled or abroad
declared void, and those Note: Family Code does not allow absolute divorce except
who marry a second time that which is validly obtained by a foreigner
without delivering the 1. Hague Convention states that a foreign divorce will
presumptive legitime of the be recognized in the contracting states if, at the
children of their first date of the filing of the proceedings:
marriage (1) The petitioner or respondent had his or
The marriage cannot be The marriage may be her habitual residence in the state where
attacked collaterally attacked directly or the divorce was obtained
collaterally (2) If both spouses were nationals of said
The marriage can no longer The marriage can still be state
be impugned after the death impugned even after the (3) Although the petitioner was a national of
of the spouses death of the spouses another country, he or she had his or her
residence in the place where the divorce
Conflicts rules on annulment and declaration of nullity was obtained
of marriage 2. In the US, a state has a duty to recognize a divorce
1. In Conflict of Laws, the grounds for annulment of obtained in a sister state if the spouses were
marriage and for declaration of nullity of marriage domiciled in the latter state
are the grounds provided for by the law alleged to 3. A divorce obtained in a foreign country would be
have been violated  lex loci celebrationis or the 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 Legal separation Divorce
of the Family Code: Relative divorce, only a Absolute divorce, dissolves
(1) Either or both parties did not have legal separation from bed and the marriage and the parties
capacity to get married (Art. 35 (1)) board but the parties remain can marry again
(2) The marriage is immoral for being married
bigamous or polygamous (Art. 35 (4))
(3) Consent of one party is lacking, because Legal separation v. annulment of marriage
of mistake as to the identity of the other Legal separation Annulment
(Art. 35 (5)) Marriage is not defective Marriage is defective
(4) One of the parties was psychologically Grounds arise after the Grounds must exist at the
incapacitated at the time of the marriage marriage time of or before the
to comply with the essential marital celebration of the marriage
obligations (Art. 36) Parties are still married to Marriage is set aside
(5) The marriage is incestuous (Art. 37) each other
(6) The marriage is void by reason of public Grounds are those given by Grounds are those given by
policy (Art. 38) the national law or the the lex loci celebrationis
3. As to foreigners who get married abroad – the domiciliary law – question is subject to certain exceptions
exceptions to the lex loci celebrationis would be the one of status – questions the very
same as those in marriages as a contract: existence of status
(1) Marriages that are highly immoral
(2) Universally incestuous marriages Conflict rules on legal separation

1. If the parties are of the same nationality – grounds

for legal separation are those given by their
personal law (national law or domiciliary law)
2. If the parties are of different nationalities –
grounds for legal separation are those under both Chapter 13
the personal law of the husband and wife Status of Children
Courts that may grant legal separation

Conflict rules in determining legitimacy of children
1. Jurisdiction in the case of aliens is not assumed by
1. If the parents are of the same nationality – their
the forum unless the national law of the parties is
common personal law (national law or law of
willing to recognize its jurisdiction
domicile) will be applied
2. In the Philippines, foreigners may ask for legal
2. If the parents are of different nationalities –
separation here, even if they did not get married in
personal law of the father governs
this country. What is important is that the court
In Philippine law – we follow national law
has jurisdiction over both parties
3. Most countries assume jurisdiction over case for
Legitimate and illegitimate children under Philippine
legal separation on the basis of the domicile of one
internal law
of the parties or the matrimonial domicile
1. Legitimate children – children conceived or born
during the marriage of the parents
Note: It is NOT necessary that the cause for legal
2. Illegitimate children – children conceived and born
separation take place in the country for our courts to
outside a valid marriage
have jurisdiction over the case. What is important is
 EX: Children born of void marriages under
that the court has jurisdiction over the parties.
Article 36 (psychological incapacity) and
Article 53 (those born of the first marriage
Grounds for legal separation under Philippine internal
of parties before said first marriage had
law (Article 55, FC)
been annulled or declared void, and who
1. Repeated physical violence or grossly abusive
marry a second time without delivering
conduct against the petitioner, a common child, or
the presumptive legitime of the children of
a child of the petitioner
their first marriage are considered
2. Physical violence or moral pressure to compel the
LEGITIMATE CHILDREN
petitioner to change religious or political affiliation
3. Attempt to corrupt or induce the petitioner, a
common child, or a child of the petitioner, to
Law governing the rights and duties between parent
engage in prostitution, or connivance in such
and child
corruption or inducement
1. If the child is legitimate – either the common
4. Final judgment sentencing the respondent to
personal law of the parents or the personal law of
imprisonment of more than 6 years, even if
the father if the parents are of different
pardoned
nationalities governs
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
as “legitimate,” it being supposed that they were born after
of the offense or act constituting the ground for
their parents had already been validly married.
legal separation
4. Where both parties have given ground for legal
Conflicts rules on legitimation of children
separation
1. The requisites of legitimation are generally
5. Collusion between the parties to obtain legal
considered those prescribed by the national law of
separation
the parents, and if the latter have different national
6. Prescription
laws, the national law of the father
2. In countries following the domiciliary theory, law of
Note: The prescriptive period for filing of an action for legal
the domicile of the parents, or in proper cases, the
separation in the Philippines is 5 years from the time of the
law of the domicile of the father should govern
occurrence of the case (Art. 57, FC)

they have the capacity to adopt from the diplomatic or

consular office of their country in the Philippines or any
other government agency
Philippine internal law on legitimation of children Note: RA 8552 still requires that the (alien) husband and
(Articles 177-182, FC) wife must jointly adopt. However in cases where the
Requisites for legitimated children spouses are legally separated, the husband or the wife can
1. The child was conceived AND born outside lawful adopt alone, and the consent of the other spouse to an
wedlock adoption filed by one spouse is not necessary
2. The parents at the time of the child’s conception,
were not disqualified by any impediment to marry Nature of adoption in Philippine law
each other 1. Adoption proceedings are always judicial an din
rem, i.e., publication is required
Note: Legitimation creates a permanent (immutable) status 2. A mere agreement of adoption between the
of the child. Legitimation of child is not affected by change adopters and the parents of the child is not a valid
of personal law of parents. However rights and duties may adoption, nor the fact that the child had been
be modified. adopted de facto (ampon) by the alleged adopting
parents
Adoption 3. Neither is mere registration of the child in the civil
An act, which establishes a relationship of paternity and registry as the child of the adopter a valid
filiation and in so doing, endows the child with legitimate adoption. This even amounts to the crime of
status. (Benefit of child than adopter) simulation of birth
4. The capacity and right of the adopter to file a
Law which determines whether the relationship of petition for adoption are governed by the law in
adoption has been created or not force at the time the petition is filed, and cannot be
1. The child’s personal law impaired by a new law disqualifying him or her for
2. If the child does not reside in the country of his adoption
citizenship – the personal law of the adopter will
govern, or the personal law of the adopter and that Recognition of a foreign decree of adoption
of the child will be applied concurrently While there is no provision of law nor jurisprudence
expressly requiring the Philippines to recognize a foreign
Law which determines the legal effects of adoption decree of adoption, it is believed that under Sec. 48 of Rule
The legal effects of adoption are determined by the same 39 of the Rules on Civil Procedure, we can recognize such
law that created the relationship of adoption foreign decree of adoption provided the foreign court had
 See RA 8552 jurisdiction to render said decree, and that there is no want
 Aliens are allowed to adopt in our own country 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. Citizenship is a matter political
1. The have the same qualifications as those required and 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
3. They have been living in the Philippines for at least Chapter 14
3 years prior to the filing of the petition for Wills, succession, and administration of the estate of
adoption, and maintain such residence until the deceased persons
adoption decree is entered
4. The have been certified by their diplomatic or
Two theories or systems in determining the proper
consular offices or by any appropriate government
law for the transmissions of successional rights
agency that they have the legal capacity to adopt
1. Unitary or single system – only one law
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 1. In civil law countries – the national law of the
Forms and solemnities of Substance of wills decased applies
wills 2. In common law countries – the lex domicilii of the
Deals with the forms and Concerns itself with: deceased at the time of death applies with respect
solemnities in the making of 1. Order of succession to personalty, while the lex situs applies with
wills which include: 2. Amount of respect to real property
1. Age and successional rights,
testamentary and other matters Conflicts rules on revocation of wills
capacity of the of substance 1. Under Art. 829 of the NCC, a revocation done
testator outside the Philippines by a person who does not
2. Form of the will have his domicile here is valid if done according to:
(notarial or (1) The law of the place where the will was
holographic) etc made (lex loci celecbrationis) or
(2) The law of his domicile at the time of
Conflicts rules in the Philippines on extrinsic validity revocation (lex domicilii)
of wills Note: ignores the law of the place of
1. If a Filipino makes a will abroad - he may comply revocation
with the formalities of Philippine law (lex nationalii) 2. If the revocation is done in the Philippines, it is
or the lex loci celebrationis (the law of the place valid if made in accordance with the provisions of
where he was at the time of the execution of the our CC
will) – Art. 815, NCC 3. If the revocation is done outside the Philippines by
2. If an alien makes a will abroad - he may comply a person who is domiciled here, it is valid if made
with the formalities of his lex nationalii (law of the in accordance with our law (lex domicilii) or lex loci
country of which he is a citizen, the lex domicilii actus of the revocation (the place where the
(law of his domicile0, or the lex loci celebrationis revocation was made)
3. If an alien makes a will in the Philippines – he may
comply with the formalities of his own country (lex Probate, defined
nationalii) or of Philippine law (lex loci Probate is the process of proving before a competent court
celebrationis) the due execution of a will, that the testator was possessed
4. Holographic wills – must be entirely written, dated, of testamentary capacity, and the approval by said court of
and signed by the hand of the testator. It is subject the will
to no other form and may be made in or out of the
Philippines and need not be witnessed (Art. 810, Conflict rules on probate of wills
NCC) 1. The allowance of disallowance of a will is
essentially procedural, so that the law of the forum
Conflicts rules on joint wills applies to all procedural matters
1. Filipinos cannot make joint wills whether he or 2. Art. 838, 1st par: “now will shall pass either real
abroad or personal property unless it is proved and
2. Joint wills made by aliens shall be considered valid allowed in accordance with the Rules of Court”
in the Philippines if valid according to their lex 3. There is no period of prescription for the probate of
nationalii or lex domicilii or if valid under lex loci a will
celebrationis 4. Wills proved and allowed in a foreign country
3. Joint wills made by aliens in the Philippines are according to the laws of each country may be
void even if valid under their lex nationalii or lex allowed, filed, and recorded by the proper court in
domicilii in order that our public policy on joint wills the Philippines
may not be militated against 5. Although a foreign will had already been probated
4. A joint will executed by an alien and a Filipino in a foreign country, it still has to be reprobated in
citizen abroad will be valid even as to the alien (if the Philippines in accordance with our procedural
his national law or law of his domicile or lex loci law  it is sufficient to ask for the enforcement of
celebrationis allows it) but void as to the Filipino the foreign judgment of the probate abroad
6. The evidence necessary for the probate or
Conflicts rules on intrinsic validity of wills allowance of wills which have been probated
1. lex nationalii – in countries that follow the outside the Philippines are:
nationality theory (1) The due execution of the will in
2. lex domicilii – in countries that follow the accordance with the foreign law because
domiciliary theory we cannot take judicial notice of foreign
laws
What governs the intrinsic validity of wills in the (2) The testator had his domicile in the
Philippines foreign country where the will was
The NCC applies the lex nationalii of the decedent probated
 Note: in case of conflict between the nationality (3) The will had been admitted to probate in
theory and the domiciliary theory, we can treat the said country
case as one of “renvoi” so that we can still apply (4) The foreign tribunal is a probate court
Philippine law even if the deceased was a citizen of (5) The laws of the foreign country on
another country procedure and allowance of wills were
followed
Conflicts rules if a person dies intestate Administration of estate of deceased persons

Administration is the process of determining and realizing PROPERTY

the assets of a deceased person, the payment of the debts
of the estate, and the actual distribution of the residue to
Conflict rules on real property and personal property
the heirs
GR: lex situs/ lex re sitae  law of the place where the
property is located
Conflicts rules on administration of estate of
deceased by persons
Old rule on law on personal property/movables -
1. Administration is procedural in nature. It is the lex
Mobilia sequuntur personam
fori that governs not the law that determines how
Personal effects or belongings of owner carried with
the estate of the deceased is to be distributed
him wherever he went.
2. In charge of the administration is the executor or
 Given artificial status since did not have fixed status
an administrator with a will annexed or an
– personal law of the owner
administrator
Philippine rule on personal properties
Executor Administrator Administrator
Art. 15 of the CC  real property as well as personal
with a will
property is subject to the law of the country where it is
annexed
situated
Appointed by Appointed by Appointed by
testator in the court if the court if Matters governed by lex situs with respect to real
his will there is a will there is no will property
but no executed 1. Extrinsic validity
is designated 2. Intrinsic validity
therein 3. Capacity of contracting parties
4. Interpretation of documents
3. The executor is qualified, and the administrator of 5. Effects of ownership
the estate is appointed, by the court of the country 6. Co-ownership
where the deceased was domiciled at the time of 7. Accession
his death, or if he was a non-domiciliary, the 8. Usufruct
country where his properties are found 9. Lease
4. The rights, powers, and duties of the executor or 10. Easement
administrator are coextensive with the territorial 11. Quieting of title
jurisdiction of the court that qualified or appointed 12. Registration
him 13. Prescription
5. Principal domiciliary administration v. ancillary 14. Police power
administration 15. Eminent domain
16. Taxation
Principal domiciliary Ancillary
administration administration Exceptions to the rule on lex situs with respect to real
Administration granted Administration in other properties
in the country of the countries where the 1. Succession  governed by national law (in
deceased’s last domicile deceased also left Philippines) not lex situs
properties 2. Contracts involving real property but do not deal
with title or real rights over the property, the issue
6. The domiciliary administrator of the estate of a being the contractual rights and liabilities of parties
deceased American citizen in the US has no power  governed by the proper law of the contract (lex
over and is not entitled to the possession of the loci voluntatis or lex loci intentionis)
stock certificates of shares of stock by the 3. In contracts where real property is given as
deceased in a Philippine corporation, which security by way of mortgage to secure a principle
certificates must be delivered to the ancillary contract (i.e. loan)  loan is governed by the
administrator proper law of the contract which the mortgage is
governed by the lex situs
Caduciary rights of state in Conflict of Laws 4. While the validity of the transfer of land must be
There are two theories adopted by different states so that determined by the lex situs, the validity of the
they may claim the properties left by a deceased who left contract to transfer is determined by the proper
no heirs and no will: law of the contract
1. Some countries adopt the theory that such
properties have become ownerless (bona vacantia) Rules in giving constructive situs to choses in
hence they should revert to the State where they possession that are usually in motion (tangible)
are situated by escheat VESSELS
 properties pass to the State as an incident of Public vessel Law of the flag
sovereignty, not as an heir Private or commercial Law of the country or
2. In the Philippines and some civil law countries – vessel place of registry
the theory adopted is that the State is the last heir If vessel is docked at a Said port is deemed as its
of a deceased person. Hence, the State succeeds foreign port temporary situs
to the properties left by said deceased as an heir.
GOODS IN TRANSIT
As to liability for loss, Law of destination (Art.
destruction, or 1734, CC)
Chapter 15 deterioration of goods

in transit FRANCHISES
The validity and effect Law of the place where Franchises Law of the state that
of seizure of goods in the goods were seized - special privileges granted them
transit (temporary situs) conferred by the
Disposition or Proper law of the contract government on an
alienation of goods in (lex loci voluntatis or lex individual or corporation
transit loci intentionis) Goodwill of a business
Goodwill of business Good will of business and
Rules in giving constructive situs to intangible taxation thereon are
personal properties or choses in action -Art. 521, NCC: property governed by the law of
CREDITS OR DEBTS and may be transferred the place where the
Involuntary transfer of The situs of the place together with the right to business is carried on
assignment of a debt where the debtor may be use the name under which
(garnishment) served (usually his the business is conducted
domicile)
The proper law of the “Goodwill”
contract (the proper law of -The patronage of any
the original transaction established trade or
out of which the chose in business
action or credit arose) Patents, copyrights, trademarks, trade names,
and service marks
Other theories: Patents, copyrights, GR: in the absence of a
1. The law of the trademarks, trade treaty, protected only by
Voluntary assignment place where the names, and service the state that granted or
or transfer of credit assignment is marks recognized them
executed
2. The law of the Art. 520, NCC: a trade
place where mark or a trade name duly
performance or registered in the proper
payment is government bureau or
normally office is owned by and
expected pertains to the person,
3. The national law corporation, or firm
of the parties registering the same,
/personal law subject to the provisions
Situs of a debt for Domicile of creditor of special laws
taxation purposes
Administering debts Situs is the place where Intellectual property
the assets of the debtor Code: Any foreign
are situated corporation being a
NEGOTIABLE INSTRUMENTS national or domiciliary o a
The law that Law governing rights country which is a party to
determines whether embodied in the a convention, treaty, or
the instrument is instrument agreement related to
negotiable or not intellectual property rights
Note: American to which the Philippines is
Restatement claims that also a party or which
the situs is the place extends reciprocal rights
where the instrument was to our nationals by law,
executed “shall be entitled to the
The law that The law of the situs of the benefits to the extent
determines the validity instrument at the time of necessary to give effect to
of the transfer, transfer, delivery, or any provision of such
delivery, or negotiation negotiation convention.”
of the negotiable
instrument - Foreign corporation even
SHARES OF STOCKS OF CORPORATIONS if not engaged in business
in the Philippines may
Sale of shares of stocks Law of the place of
nevertheless bring a civil
incorporation since
or administrative action,
transfer is recorded in the
for opposition,
books of the corporation
cancellation, infringement,
Sale of corporate Governed by the proper
or unfair competition.
shares as between the law of the contract (lex
parties loci voluntatis or lex loci
intentionis)
Taxation on dividends Law of the place of Chapter 16
received by corporate incorporation CONTRACTS
shares

Contract, defined Philippine conflict rules on intrinsic validity of

Art. 1305, NCC: Meeting of minds between two persons contracts
whereby one binds himself, with respect to the other, to 1. We have no specific provision of law applicable to
give something or to render some service. conflict rules on the intrinsic validity of contracts
 The specific subject of contract in Conflict of Laws  However the policy of our law is to give
is limited to purely civil or commercial transactions. effect to the intention of the parties
2. We should apply the proper law of the contract (lex
Conflicts rules in determining extrinsic validity of loci voluntatis (express) or lex loci intentionis
contracts (implied)
GR: the extrinsic validity of contracts is governed by the lex
loci celebrationis/ lex loci contractus Limitations to the court’s choice of law in determining
the intrinsic validity of contracts
Variations to the rule of lex loci intentions in 1. Generally, the parties cannot select a law that has
determining extrinsic validity of contracts no connection at all with the transaction
1. A contract entered into by parties in two different 2. If the law selected should change, it is the new law
countries by cablegram, telex, or fax that should be applied
 Art. 1319 par. 2: Acceptance made by  EX: Change of new law is so revolutionary
letter or telegram does not bind the that it could never have been
offeror except from the time it came to his contemplated by parties
knowledge. The contract in such a case is 3. Several laws may be selected, each of which will
presumed to have been entered in the govern the different elements of the transaction
place where the offer was made 4. If under the selected law, the contract is legal but
 American law: contract is deemed in the place of performance, it is illegal, the
entered into in the place where the selected law should prevail (valid contract)
acceptance of the offer is posted or mailed 5. Questions of substantial and essential validity
2. Place of execution was merely casual or accidental (void, valid, voidable) of the contracts should be
 The law which has the most significant governed by the proper law of the contracts
relationship to the transaction should be  Minor details: time of payment, etc.
applied should be governed by the law of
3. (EX) When the lex loci contractus/lex loci performance
celebrationis contravenes an established and 6. Parties cannot stipulate on the jurisdiction of the
important policy of the forum, or to apply it would courts our oust or court’s jurisdiction
work gross injustice to the people of the forum, or 7. The parties cannot contract away applicable
if the transaction is contra bonos mores provisions of law
8. American law recognizes cognovit clauses if the
Conflict rules in determining capacity of parties to a parties were of equal bargaining power and debtor
contract and the debtor voluntarily agreed to said clause
GR: Capacity to enter into contracts is generally governed  Cognovit clauses: specify which courts
by the personal law of the parties would have jurisdiction in case of breach
 In Phil., Art. 15 NCC: Capacity of a Filipino is or default in payment, or it may waive
governed by Philippine law (nationality theory) debtor’s right to notice (confession of
judgment)
EX: Contracts involving alienation or encumbrance of
property both real and personal  capacity is governed by Summary of law governing contracts:
the lex situs Extrinsic Capacity Intrinsic
validity of validity
Note: Apply proper law of the contract in business or parties
commercial transactions Barter, sale, Lex situs Lex situs Lex situs
donation
Conflict rules in determining intrinsic validity of Lease of Lex situs Lex situs Lex situs
contracts property:
1. GR: Intrinsic Validity of contracts is governed by creates real
the proper law of the contract – lex loci voluntatis rights
or lex loci intentionis Lease of Lex loci Personal Lex
2. American Law (Second Restatement): property: celebrationis law of voluntatis
(1) law to be applied should be the law does not the or lex loci
chosen by the parties create real parties intentionis
(2) If none, the law of the state which has the rights
most significant relationship to the parties Pledge, Lex situs Lex situs Lex situs
or to the transaction chattel
3. Prof. Raleigh Minor – advocates application of mortgage,
different laws: real estate
(1) As to the perfection of contract: lex loci mortgage,
celebrationis antichresis
(2) As to the validity of the consideration – Contract of Lex loci Personal Lex loci
lex loci considerationis loan: mutuum celebrationis law of voluntatis
(3) As to questions of performance – lex loci the or lex loci
solutionis parties intentionis
Contract of Lex situs Lex stius Lex situs

loan: Law governing liability for torts in Conflict of Laws

commodatum Liability for torts in general is governed by the lex loci delicti
Lease of Lex loci Personal Lex loci commissi (law of the place where the delict or wrong was
service, celebrationis law of volntatis committed)
agency, parties or lex loci  State where the social disturbance occurred has
guaranty, intentionis the primary duty to redress the wrong and
suretyship determine the effects of the injury; and
 To compensate victim for the damage or injury
Note: Agency suffered
to alienate or
encumber real Three theories in determining locus delicti
property is 1. Civil law theory – The locus delicti is the place
governed by lex where the act began
situs 2. Common law theory – The locus delicti is the
Lex loci Personal Lex loci place where the wrongful act became effective
celebrationis law of voluntatis 3. Theory of Dr. Rabel – The locus delicti is the
parties place which has the most substantial connection
Liability for loss, destruction, with the wrongful act
deterioration of goods in transit: law
of destination of goods (Art. 1753, Modern theories in determining liability for torts
NCC) 1. State of the most significant relationship – the
rights and obligations of parties in a case of tort is
If COGSA applies, limiation on determined by the local law of the state which,
liability applies, unless the shipper with respect to the particular issue, has the most
declares value of goods and inserts significant relationship to the occurrence and the
such declaration in the bill of lading parties
Contract of
transportation Contract for air transportation 2. The interest-analysis approach – This approach
or carriage (Warsaw Convention) considers the relevant concerns that two or more
(render 1. The liability of the airline in case states may have in the case and their respective
services) of death, injury to passengers, interests in applying their laws to it
or loss or damage to cargo is  If however, the case poses a real conflict
governed by Warsaw Convention between two or more States, if the
2. If there was malice, gross interested forum finds that he other State
negligence, or bad faith, or has a greater claim in the application of its
improper discrimination, carrier law to a given case, the forum should
is liable for damages beyond yield and apply the law of the other state.
those limited by Warsaw  If the forum is disinterested in the case, it
Convention can dismiss the same on the ground of
forum non conveniens
Note: if contracts involve encumbrances of property,  In short, the state which has the more
real or personal, apply lex situs. If personal contracts, relevant and weighty interests in the case
law on contracts will apply should be considered the locus delicti
3. Qavers principle of preference – Under this

Chapter 17
theory, a higher standard of conduct and financial
TORTS
protection given to the injured party by one state
is applied by the State where the injury happened,
Tort, defined if the latter state adopts a lower standard of
Legal wrong committed upon person or property conduct and financial protection to the injured
independent of contract
 Spanish law: quasi delict/culpa aquiliana  fault or Conflict rules on maritime torts
negligence 1. If the tort is committed abroad a public vessel,
 American law: broader  fault or negligence and whether on the high seas or in foreign territorial
also those committed with malice or willful intent waters, the law of the flag is the lex loci delicti
commissii
Concept of tort in the Philippines 2. If the tort is committed aboard a private or
Blending of both Spanish and American laws merchant vessel on the high seas, the law of the
 Art. 20 NCC: Every person who, contrary to law, registry is the lex loci delicti commissii
willfully or negligently causes damage to another, 3. If two vessels collide and are from the same state,
shall indemnify the latter for the same. the law of registry is the lex loci delicti commissii
 Art. 2176 NCC: Whoever by act or omission 4. If the vessels come from different states with
causes damage to another, there being fault or identical laws, apply said identical laws
negligence, is obliged to pay for the damage done. 5. If the vessels come from different states with
Such fault or negligence, if there is no pre-existing different laws, the lex loci delicti commissii is the
contractual relation between the parties, is called a general maritime law as understood and applied by
quasi-delict and is governed by the provisions of the forum where the cas eis filed
this Chapter.

Foreign tort to be actionable/subject of an action for described therein will apply

damages in the Philippines – Requisites/Conditions
1. Must acquire jurisdiction over the defendant (action Subjective territorial
for damages is action in personam) principle
2. Foreign tort must not be penal in character The state where the crime
3. The enforcement of the tortuous liability should not was begun may prosecute
contravene our public policy the same, even if it was
4. Our judicial machinery must be adequate for such completed in another state
enforcement
 Note: all procedural matters are governed Objective territorial
by the lex fori Phil law). principle
 Substantive matters are governed by the The state can prosecute
lex loci delicti commissii, thus: crimes began abroad but
(1) Period of prescription of the completed within its territory
action is governed by lex loci The country of which the
delecti commissii because in criminal is a citizen or
Philippine law, prescription is subject has jurisdiction to
substantive not procedural Nationality or personal try him for crimes allegedly
(2) Proper parties, measure of theory committed by him, whether
damages, and the question inside or outside its
whether the acts complained of territory, provided it is a
is considered the proximate crime under said country’s
cause of the injury are penal law
governed by the lex loci delicti Protective theory Any state whose national
commissii interests may be jeopardized
(3) The burden of proof and has jurisdiction over criminal
defenses that may be offenses, even if it is
interposed by defendant are committed outside its
also governed by lex loci delicti territory and even if
commissii committed by an alien
Real or eclectic theory Any state whose penal code
has been transgressed upon
Chapter 18 has jurisdiction, whether the
CRIMES crime was committed inside
or outside its own territory
Tort v. Crime Cosmopolitan or Any state where the criminal
Tort Crime universality theory is found or which has
Both are wrongs obtained custody over him
can try him, unless
Violates private rights Committed against state
extradition applies
Instituted by injured person Prosecuted in the name of
The state of which the victim
against wrongdoer in civil the State against the
Passive personality or is a victim or subject has
case, the purpose of which offender in criminal actions
passive nationality theory jurisdiction to prosecute the
is indemnification for for the purpose which are
offense
damages suffered protection and vindication of
interests of the public as a
whole, punishment of the Note: In the Philippines, we follow as a GENERAL RULE the
offender, the reformation of territorial theory, and by way of EXCEPTION, the protective
offender, or to deter others theory
from committing the same
act Cases where we follow the protective theory
Art. 2, RPC: Except as provided in the treaties and laws of
Transitory in character – Local in character and can
preferential application, the provisions of this Code shall be
tortfeasor can be made be prosecuted only in the
enforced not only within the Philippine Archipelago,
liable for his wrongful act in place or states where the
including its atmosphere, its interior waters and maritime
any jurisdiction where he crimes are committed
zone, but also outside of its jurisdiction, against those who:
may be found
1. Should commit an offense while on a Philippine
ship or airship;
Note: The determination of whether a wrongful act is a tort
2. Should forge or counterfeit any coin or currency
or crime depends on the characterization of the act in the
note of the Philippine Islands or obligations and
state where said act is committed
securities issued by the Government of the
Philippine Islands;
Different theories that determine whether a state or a
3. Should be liable for acts connected with the
legal system has jurisdiction to take cognizance of
introduction into these islands of the obligations
criminal cases
and securities mentioned in the preceding number;
Under this theory, the state
4. While being public officers or employees, should
where the crime was
commit an offense in the exercise of their
Territorial theory committed has jurisdiction
functions; or
to try the case, and its penal
5. Should commit any of the crimes against national
code and the penalties
security and the law of nations

1. For constitutional purposes – even if a corporation

Jurisdiction over crimes committed on board a foreign was incorporated in the Philippines, it cannot
vessel if said vessel is within territorial waters exploit or develop our natural resources nor
English Rule French Rule operate public utilities unless 60% of the capital is
Emphasizes territorial Emphasizes nationality Filipino owned (Constitution)
principle theory 2. For wartime purposes – We adopt the control test
The territory where the The State whose flag is  we pierce the veil of corporate identity and go
crime was committed will flown by the vessel has into the nationality of the controlling stockholders
have jurisdiction EXCEPT: jurisdiction EXCEPT to determine whether a corporation is an enemy
1. In matters relating  if the crime affects the corporation
to internal order peace, order, security, and
and disciple of the safety of the territory Matters that are governed by the personal law of the
vessel and corporation
2. Those which affect 1. Requisites for the formation of the corporation
solely the ship and 2. Required number of incorporators and the
its occupants such members of the board of directors
as minor or petty 3. The kinds of shares of stock allowed
criminal offenses 4. The transfer of stocks
committed 5. The issuance, amount, and legality of dividends
6. The powers and duties of the officers, stockholders,
Note: Under Art. 27 of UNCLOS, Philippine courts do not and members
acquire jurisdiction over crimes committed on board a
vessel even if it is within our territorial waters as long as the Law that determines the validity of corporate acts and
effect of such crime does not disturb our peace and order. contracts
This is similar to the French rule. Determined by the place of incorporation AND by the law of
the place of performance
Note: Entering into contracts: governed by lex loci

Chapter 19
celebrationis
BUSINESS ASSOCIATIONS
May a foreign corporation sue and be sued in the
Corporation, defined Philippines?
Sec. 2 of Corporation Code: An artificial being created by Yes, if it has the necessary license to do business in the
operation of law, having the right of succession and the Philippines. The license is required not to forbid the foreign
powers, attributes, and properties expressly authorized by corporation from performing single acts but to prevent it
law or incident to its existence from acquiring a domicile for purposes of business without
taking the steps necessary to render it amenable to suit in
Foreign corporation, defined the local courts
Sec. 123 of Corporation Code: One formed, organized, or
existing under any laws other than those of the Philippines Jurisdiction over foreign corporations doing business
and whose laws allow Filipino citizens and corporations to do in the Philippines, how acquired
business in its own country or state By service of summons on:
1. Its resident agent
Theories in determining the personal law or 2. If no such agent, on the government official
governing law of a corporation designated by law to that effect; or
1. The theory that the personal law is the law of the 3. On any of its officers or agents within the
place of incorporation Philippines (Rules of Court)
2. The theory of the place or center of management
3. The theory of the place of exploitation Status of a contract of a foreign corporation who
transacts business here without the necessary license
Note: In the Philippines, we follow the theory of the place of Unenforceable, but the person who contracted with the
incorporation corporation may be in estoppel if he had received benefits
from contract
Domicile of a corporation
Art. 51 of NCC: When the law creating or recognizing them, Instances when a foreign corporation not doing
or any other provision does not fix the domicile of judicial business in the Philippines can sue in Philippine
persons, the same shall be understood to be the place courts
where their legal representation is established or where 1. Isolated transactions
they exercise their principal functions 2. To protect its reputation, corporate name, and
 Under Corporation Code, the place of incorporation goodwill
of a Philippine corporation is also its domicile 3. For infringement of trademark or trade name
 As for a foreign corporation that has been granted
a license to operate or to do business in the Law that applies to multinational or transnational
Philippines, it acquires domicile in this country by corporations
virtue of said license These are actual branches of big mother corporations. The
branches having incorporated in the states where they are
Exceptions to the theory that the personal law or the established are governed by the internal law of said states,
nationality of a corporation follows the place of its and their personal laws are the local laws of host states
incorporation

(4) Clear mistake of law or fact

Partnership 4. The foreign judgment must not contravene a sound
A partnership exists when two or more persons bind and established public policy of the forum
themselves to contribute to money, property, or industry to 5. The judgment must be res judicata:
a common fund, with the intention of dividing the profits (1) The judgment must be final
among themselves (Art. 1767, NCC) (2) Foreign court must have jurisdiction over
 A partnership, like a corporation, has a juridical subject matter and parties
personality separate and distinct from that of each (3) The judgment must be on the merits; and
of the partners (4) There was identity of parties, subject
matter, and cause of action
Personal or governing law of a partnership
Law of the country where it is created Effects of foreign judgments in the Philippines under
Rules of Court
Domicile of a partnership Sec. 48, Rule 39, 1997 Rules on Civil Procedure provides:
Art. 51 of NCC: The place where their legal representation is The effect of foreign judgment or final order of a foreign
established or where they exercise their principal functions country, having jurisdiction to render the judgment or final
order is as follows:
(a) In case of a judgment or final
Chapter 20 order upon a specific thing, the judgment or final
RECOGNITION AND ENFORCEMENT OF FOREIGN order is conclusive upon the title to the thing and
JUDGMENTS (b) In case of a judgment or final
order against a person, the judgment or final
order is presumptive evidence of a right as
Enforcement v. recognition
between the parties and their successors in
Enforcement of foreign Recognition of foreign
interest by a subsequent title
judgment judgment
In either case, the judgment or final order may be repelled
Means that the plaintiff or Means that eh defendant or by evidence of a want of jurisdiction, want of notice to the
petitioner wants the court to respondent is presenting the party, collusion, fraud, or clear mistake of law or fact.
positively carry out and foreign judgment on the
make effective the foreign basis of res judicata
judgment
Implies an act of Involves merely a sense of
sovereignty justice
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
without recognition or 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

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Chapter 1  Writings and treaties of thinkers and

Lesley Claudio (A 2012) Page 1 of 22

Lesley Claudio (A 2012) Page 2 of 22

The vested-rights theory

Lesley Claudio (A 2012) Page 3 of 22

2. The point of contact or connecting factor – 4. It is generally supposed to have a universal

Note: The first part raises while the second part

Chapter 5 Different theories on how the personal law of an

Two kinds of capacity 2. Citizens by naturalization

Lesley Claudio (A 2012) Page 4 of 22

Dual allegiance under Sec. 5, Article IV of the 2. Legislative process

Citizens of the Philippines under the 1987

Citizenship of a Filipino woman who marries a

Citizenship of an alien woman who marries a Filipino

Note: An alien woman married to an alien husband

Modes of acquiring Philippine citizenship by

Lesley Claudio (A 2012) Page 5 of 22

Lesley Claudio (A 2012) Page 6 of 22

Loss of citizenship Domicile v. residence

Lesley Claudio (A 2012) Page 7 of 22

domicile of his real parents

Lesley Claudio (A 2012) Page 8 of 22

Lesley Claudio (A 2012) Page 9 of 22

Lesley Claudio (A 2012) Page 10 of 22

Lesley Claudio (A 2012) Page 11 of 22

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1. If the parties are of the same nationality – grounds

Courts that may grant legal separation

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they have the capacity to adopt from the diplomatic or

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Conflicts rules if a person dies intestate Administration of estate of deceased persons

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Administration is the process of determining and realizing PROPERTY

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Contract, defined Philippine conflict rules on intrinsic validity of

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loan: Law governing liability for torts in Conflict of Laws

3. Qavers principle of preference – Under this

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Foreign tort to be actionable/subject of an action for described therein will apply

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1. For constitutional purposes – even if a corporation

Note: Entering into contracts: governed by lex loci

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(4) Clear mistake of law or fact

Reasons why a local court in the Philippines may

Conditions or requirements before a local court in the

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