Art. 15.

Laws relating to family rights and duties, or to the status, condition and legal capacity of
persons are binding upon citizens of the Philippines, even though living abroad. (9a)

Art. 16. Real property as well as personal property is subject to the law of the country where it is
stipulated.

However, intestate and testamentary successions, both with respect to the order of succession and to
the amount of successional rights and to the intrinsic validity of testamentary provisions, shall be
regulated by the national law of the person whose succession is under consideration, whatever may be
the nature of the property and regardless of the country wherein said property may be found. (10a)

Art. 17. The forms and solemnities of contracts, wills, and other public instruments shall be governed by
the laws of the country in which they are executed.

When the acts referred to are executed before the diplomatic or consular officials of the Republic of the
Philippines in a foreign country, the solemnities established by Philippine laws shall be observed in their
execution.

Prohibitive laws concerning persons, their acts or property, and those which have, for their object,
public order, public policy and good customs shall not be rendered ineffective by laws or judgments
promulgated, or by determinations or conventions agreed upon in a foreign country.

The Notion of lex voluntatis

The resolution of the conflicts of laws relating to international contracts is marked by the principle of the
autonomy of will (lex voluntatis), which is enshrined in both international conventions (regarding the
standardization of conflict resolution) and in the systems of the private international law of states.The
principle of lex voluntatis, as a conflict of laws, authorizes the parties to appoint the law applicable to
international contracts.

Renvoi Doctrine – doctrine whereby a jural matter is presented which the conflict of laws rules of the
forum refer to a foreign law which in turn, refers the matter back to the law of the forum or a third
state. When reference is made back to the law of the forum, this is said to be “remission” while
reference to a third state is called “transmission.”

Lex Loci Rei Sitae – law of the place where the thing or subject matter is situated; the title to realty or
question of real estate law can be affected only by the law of the place where it is situated.
Lex loci celebrationis- the law of the land where the marriage/ contract was celebrated.
Lex Nationalii- Citizenship is the basis for determining the personal law applicable.

lex loci intentionis (the intention of the parties as to the law that should govern their agreement).
Rules on Status in General

Factual Situation Point of Contact

1 Beginning of personality of natural person National law of the child (Article 15, CC)

2 Ways & effects of emancipation Same

3 Age of majority Same

4 Use of names and surnames Same

5 Use of titles of nobility Same

6 Absence Same

Lex fori (Article 43, 390, 391, CC; Rule 131

7 Presumptive death & survivorship §5 [jj], Rules of Court)

Rules on Marriage as a Contract

FACTUAL SITUATION POINT OF CONTACT

Lex loci celebrationis is without

prejudice to the exceptions under
Articles 25, 35 (1, 4, 5 & 6), 36, 37 & 38
of the Family Code (bigamous &
incestuous marriages) & consular
Between Filipinos marriages

Lex loci celebrationis EXCEPT if the

marriage is:

Highly immoral (like bigamous/

polygamous marriages)

Universally considered incestuous

(between brother-sister, and
Between Foreigners ascendants-descendants)

Celebrated Apply 1 (b) to uphold validity of

Abroad Mixed marriage
 National law (Article 21, FC) PROVIDED
the marriage is not highly immoral or
Between Foreigners universally considered incestuous)

Celebrated National law of Filipino (otherwise

in RP Mixed public policy may be militated against)

Marriage by proxy (NOTE: a marriage

by proxy is considered celebrated Lex loci celebrationis (with prejudice to
where the proxy appears the foregoing rules)

Rules on Marriage as a Status

FACTUAL SITUATION POINT OF CONTACT

National of husband(Note: Effect of

subsequent change of nationality:

If both will have a new nationality – the

new one

If only one will change – the last common

nationality

Personal rights & obligations between If no common nationality – nationality of

1 husband & wife husband at the time of wedding)

National law of husband without prejudice

2 Property relations bet husband & wife
to what the CC provides concerning REAL
property located in the RP (Article 80)
(NOTE: Change of nationality has NO
EFFECT. This is the DOCTRINE OF
IMMUTABILITY IN THE MATRIMONIAL
PROPERTY REGIME)

Rules on Property

FACTUAL SITUATION POINT OF CONTACT

Real property Lex rei sitae (Article 16, CC)

National law of decedent (Article 16 par.

Exceptions Successional rights 2, CC)
 Capacity to succeed
Contracts involving real property which
do not deal with the title thereto
Contracts where the real property is
given as security
Tangible personal property (choses in possession)
1 In General
Exceptions: same as those for real
property
Means of Transportation
Vessels
2 Other means
Things in transitu (these things have a
3 changing status because they move)
National law of decedent (Article. 1039)
The law intended will be the proper law
of the contract (lex loci
voluntantis or lex loci intentionis)
The principal contract (usually loan) is
governed by the proper law oft the
contract – (lex loci voluntatis or lex loci
intentionis)NOTE: the mortgage itself is
governed by lex rei sitae. There is a
possibility that the principal contract is
valid but the mortgage is void; or it may
be the other way around. If the
principal contract is void, the mortgage
will also be void (for lack of proper
cause or consideration), although by
itself, the mortgage could have been
valid.
Lex rei sitae (Article. 16, CC)
EXCEPTION: same as those for real
property EXCEPT that in the example
concerning mortgage, the same must be
changed to pledge of personal property)
Law of the flag (or in some cases, place
of registry)
Law of the depot (storage place for
supplies or resting place)
 Law of the destination (Article. 1753,
Loss, destruction, deterioration CC)

Locus regit actum (where seized) –

Validity & effect of the seizure of the because said place is their
goods temporary situs

Lex loci volutantis or lex loci

intentionis – because here there is a
Disposition or alienage of the goods contract

FACTUAL SITUATION POINT OF CONTACT

INTangIBLE PERSONAL PROPERTY (CHOSES IN

ACTION)

Recovery of debts or involuntary Where debtor may be effectively served

1 assignment of debts (garnishment) with summons (usually the domicile)

Lex loci voluntatis or lex loci

2 Voluntary assignment of debts intentionis (proper law of the contract)

Other Theories:

National law of the debtor or creditor

Domicile of the debtor or creditor

Lex loci celebrationis

Lex loci solutionis

3 Taxation of debts Domicile of creditor

Lex situs of assets of the debtor (for these

4 Administration of debts assets can be held liable for the debts)

The right embodied in the instrument (for

example, in the case of a Swedish bill of
Negotiability or non-negotiability of an exchange, Swedish law determines its
5 instrument negotiability)
 Validity of transfer, delivery or In general, situs of the instrument at the
6 negotiation of the instrument time of transfer, delivery or negotiation

Effect on a corporation of the sale of

7 corporate shares Law of the place incorporation

Lex loci voluntatis or lex loci intentionis

(proper law of the contract) – for this is
Effect between the parties of the sale of really a contract; usually this is the place
8 corporate shares where the certificate is delivered)

Taxation on the dividends of corporate

9 shares Law of the place of incorporation

Taxation on the income from the sale of Law of the place where the sale was
10 corporate shares consummated

11 Franchises Law of the place that granted them

Goodwill of the business & taxation Law of the place where the business is
12 thereto carried on

In the absence of a treaty, they are

protected only by the state that granted
themNOTE: foreigners may sue for
infringement of trademarks and trade
names in the RP ONLY IF Filipinos are
Patents, copyrights, trademarks, trade granted reciprocal concessions in the
13 names state of the foreigners

Wills, Succession & Administration of Conflict Rules

FACTUAL SITUATION POINT OF CONTACT

Extrinsic Validity of Wills

Lex nationalii OR lex domicilii OR RP law

(Article 816, CC), OR lex loci
1 Made by an alien abroad celebrationis (Article 17(1))
 Lex nationalii OR lex loci
2 Made by a Filipino abroad celebrationis (Article 815)

Lex nationalii OR lex loci

3 Made by an alien in the RP celebrationis (Article 817)

FACTUAL SITUATION POINT OF CONTACT

Extrinsic Validity of Joint Wills (made in the

same instrument)

Lex nationalii (void, even if valid where

1 Made by Filipinos abroad made) (Article 819)

Valid if valid according to lex

domicilii or lex loci celebrationis (Article
2 Made by aliens abroad 819)

Lex loci celebrationis therefore void even

if apparently allowed by Article 817
because the prohibition on joint wills is a
3 Made by aliens in the RP clear expression of public policy

Lex nationalii of the deceased – regardless

of the LOCATION & NATURE of the
Intrinsic Validity of Wills property (Article 16 (2))

Lex nationalii of the deceased – not of the

Capacity to Succeed heir (Article 1039)

Revocation of Wills

Lex loci actus (of the revocation) (Article.

1 If done in the RP 829)

2 If done OUTSIDE the RP


By a NON-DOMICILIARY
By a DOMICILIARY of the RP
Probate of Wills Made Abroad
1 If not yet probated abroad
2 If already probated abroad
Executors and Administrators
1 Where appointed
2 Powers
Rules on Obligation and Contracts
FACTUAL SITUATION
Formal or Extrinsic Validity
Lex loci celebrationis (of the making of the
will, NOT revocation), OR lex
domicilii (Article 829)
Lex domicilii (RP law) OR lex loci actus (of
the revocation) (Article 17)
Lex fori of the RP applies as to the
procedural aspects, i.e., the will must be
fully probated here & due execution must
be shown
Lex fori of the RP again applies as to the
procedural aspects; must also be probated
here, but instead of proving due
execution, generally it is enough to ask for
the enforcement here of the foreign
judgment on the probate abroad
Place where domiciled at death or incase
of non-domiciliary, where assets are
found
Co-extensive with the qualifying of the
appointing court – powers may only be
exercised within the territorial jurisdiction
of the court concernedNOTE: these rules
also apply to principal, domiciliary, or
ancillary administrators & receivers even
in non-successive cases
POINT OF CONTACT
Lex loci celebrationis (Article 17 {1})
 Exceptions

Alienation & encumbrance of property Lex situs (Article 16 [1])

Consular contracts Law of the RP (if made in RP consulates)

National law (Article 15) without prejudice

to the case of Insular Government v Frank
13 P 236, where the SC adhered to the
Capacity of Contracting Parties theory of lex loci celebrationis

Exception

Alienation & encumbrance of property Lex situs (Article 16 {1})

Proper law of the contract – lex

Intrinsic validity (including interpretation of the contractus (in the broad sense), meaning
instruments, and amt. of damages for breach) the lex voluntatis or lex loci intentionis

Other Theories are:

Lex loci celebrationis (defect: this makes possible the evasion of the national law)

Lex nationalii (defect: this may impede commercial transactions)

Lex loci solutionis (law of the place of performance) (defect: there may be several places of
performance

Prof Minor’s solution:

Perfection – lex loci celebrationis

Cause or consideration – lex loci considerations

Performance – lex loci solutionis (defect: this theory combines the defect of the others)

30. Miciano vs. Brimo 50 Phil 867

G.R. No. L-22595 November 1, 1927

Testate Estate of Joseph G. Brimo, JUAN MICIANO, administrator, petitioner-appellee,

vs.
ANDRE BRIMO, opponent-appellant.
FACTS: A will of a Turkish testator (Joseph Brimo) provided that his Philippine estate
is disposed of in accordance with the Philippine Law. The testator further provided that
whoever fails to comply with this request (that his estate be distributed in accordance
with Philippine law) would forfeit his inheritance.

The Appellant (Andre Brimo), one of the brothers of the deceased Joseph Brimo,
opposed the Appellee (Juan Miciano)'s partition scheme of the estate which denies his
participation in the inheritance.

ISSUE: Whether the Turkish Law or Philippine Law be the basis on the distribution of
Joseph Brimo's estates. Will Andre Brimo forfeit his inheritance?

RULING: The court held that the provision of a foreigner's will that his properties shall
be distributed according to Philippine law and not his national law is NOT LEGAL
because it expressly ignores the testator's national law when, according to article
16 of the civil Code, such national law of the testator is the one to govern his
testamentary dispositions.

Testator’s estate shall be distributed according to his national (Turkish) law. He cannot
provide otherwise. The appellant's inheritance will not be forfeited because the
provision is not legal.