PROPERTY PERSONAL PROPERTY
1.) LAW OF THE COUNTRY WHERE THE PROPERTY IS
SITUATED
 Art. 16. “Real property as well as personal
property is subject to the law of the country
where it is situated.
 Lex Loci Rei Sitae OR Lex Rae Sitae OR Lex Situs
In law, the situs of the property is where the
property is treated as being located for legal
purpose.
The situs of a real property is fixed.
 Generally, the situs of personal property is where
it is located, EXCEPT:
o Shares of stocks – situs is the domicile of the
corporation under whose state it was
incorporated.
o Chose in action – the right to bring a lawsuit
to recover chattels, money or a debt. It is a
comprehensive term used to described a
property right or the right to possession of
something that can only be obtained or
enforced through legal action.
o Credits – the domicile of the creditor OR the
country of his nationality OR the domicile of
or the place of business of the debtor OR any
place where the debtor can be found.
IMPORTANCE OF THE SITUS OF INTANGIBLE
PERSONAL PROPERTY
- For the purpose of filing a suit for collection of
the debt OR the enforcement of the obligation
- The court’s acquisition of jurisdiction over the
person OR the property of the defendant.
REAL PROPERTY – The Local Law Govern
1. Transfer of property
2. Title of the property (including ownership)
and not merely actions, personal in nature,
which concerns real property. The latter shall
be governed by the law on contracts.
3. Descent, alienation, disposition
4. Capacity to take or sell real property
5. Necessity of witnesses
6. Provisions of the statute of frauds
7. Acknowledgement
8. Registration
Mobilia Secuuntur Personam –“moving things follow
the law of the person”
VERSUS
Article 16, par 1 (governing principle)
“Real property as well as personal property is
subject to the law of the country where it is
stipulated.”
REAL OR IMMOVABLE PROPERTY under the Civil
Code: Article 415
PERSONAL PROPERTY: Article 416, 417
2. LEX LOCI RULE AFFECTING LAND IN THE
PHILIPPINES
Section 7: Save in cases of hereditary
succession, no private lands shall be transferred or
conveyed except to individuals, corporation, or
associations qualified to acquire or hold lands of the
public domain.
 Only citizens or private corporations whose
capital stock is owned by at least 60% of such
citizens can own private lands or can transfer or
convey the same only to such citizens or private
Filipino corporations, except by hereditary
succession.
 This prohibition dos not apply to corporation sole
whose members are Filipino
 Religious Societies whose members are
foreigners are however covered.
3. EXCEPTION TO THE RULE PROHIBITING ALIENS
FROM OWNING LAND
In Jacobus vs Bernhard Huist vs PR Builders,
Inc., the SC stated that foreign individuals are
allowed to purchase condominium units and shares
in a condominium corporation in the Philippines up to
no more than 40% of the condominium corporation.
The court explained that “under this set-up, the
ownership of the land is legally separated from the
unit itself. The land is owned by a condominium
corporation and the unit owner is simply a member in
this condominium corporation. As long as 60% of the
members of the condominium corporation are
Filipinos, the remaining members can be foreigners.”
 RA 8179 (FOREIGN INVESTMENT ACT OF 1991) MARRIAGE
specifies entitlements for land acquisition for
WHAT LAW GOVERNS…
investment purposes.
1. The extrinsic validity of marriage between
Particulars Provision under Provisions under
Filipinos, if the marriage is celebrated in the
BP 185 (for RA 7042 as
Philippines?
establishing amender by RA
2. The extrinsic validity of marriage of a Filipino and
residence) 8179 (for
an alien, if the marriage is celebrated in the
investment)
Philippines?
 Maximum of  Maximum of
3. The intrinsic validity of a marriage between a
1,000 sq. 5,000 sq.
Filipino and an alien, if the marriage is celebrated
Size/Area meters for meters for
abroad?
of urban land. urban land
4. The intrinsic and extrinsic validity of a marriage
Coverage  Maximum of  Maximum for 3
between aliens, if celebrated in the Philippines?
1 hectare for hectares fir
5. The intrinsic and extrinsic validity of marriage
rural land rural land
between aliens, if the marriage is celebrated
abroad.
 Either of the  Either of the
spouses spouses may
INTRINSIC VS EXTRINSIC VALIDITY OF MARRIAGE
may avail of avail the
the privilege privileges INTRINSIC VALIDITY –
Land  In case both
Acquisition  In case both spouses wish to  Refers to the essential requisites of a valid
for Both spouses acquire lands marriage
Spouses wish to for this  Governed by the national law of the persons
acquire purpose, the (Article 15, NCC)
lands for total area EXTRINSIC VALIDITY –
this acquired should
purpose, the not exceed the  Refers to the formal requisites of a valid
total area maximum marriage
acquired allowed.  Governed by the law of the place where the
should not marriage is celebrated (Article 26, FC, par 1)
exceed the
maximum
allowed. 1. MARRIAGE, DEFINED:

Art. 1. Marriage is a special contract of

permanent union between a man and a woman
entered into in accordance with law for the
establishment of conjugal and family life. It is the
foundation of the family and an inviolable social
institution whose nature, consequences, and
incidents are governed by law and not subject to
stipulation, except that marriage settlements may fix
the property relations during the marriage within the
limits provided by this Code.
2. VALIDITY OF MARRIAGE: LEX LOCI
CELEBRATIONIS
Art. 26. All marriages solemnized outside the
Philippines, in accordance with the laws in force in
the country where they were solemnized, and valid
there as such, shall also be valid in this country,
except those prohibited under Articles 35 (1), (4), (5)
and (6), 3637 and 38. (17a)
Xxx
 This provision covers only the EXTRINSIC validity
of marriage celebrated abroad where both are
Filipinos or where one is an alien.
 This provision foes not cover the INTRINSIC
validity of marriage since Art. 15 provides: 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.
o “Status” embraces marriage
 If both are aliens, what governs both the extrinsic
and intrinsic validity of their marriage is lex loci
celebrationis, except when their national or
domiciliary law provides otherwise.
EXCEPTION TO ARTICLE 26, PAR 1
 Art. 35. The following marriages shall be void
from the beginning:
o (1) Those contracted by any party below
eighteen years of age even with the consent
of parents or guardians.
o (4) Those bigamous or polygamous
marriages not failing under Article 41;
o (5) Those contracted through mistake of one
contracting party as to the identity of the
other; and
o (6) Those subsequent marriages that are
void under Article 53.
 Art. 36. A marriage contracted by any party who,
at the time of the celebration, was
psychologically incapacitated to comply with the
essential marital obligations of marriage, shall
likewise be void even if such incapacity becomes
manifest only after its solemnization.
 Art. 37. Marriages between the following are
incestuous and void from the beginning, whether
relationship between the parties be legitimate or
illegitimate:
o (1) Between ascendants and descendants of
any degree; and
o (2) Between brothers and sisters, whether
of the full or half blood.
 Art. 38. The following marriages shall be void
from the beginning for reasons of public policy:
o (1) Between collateral blood relatives
whether legitimate or illegitimate, up to the
fourth civil degree;
o (2) Between step-parents and step-
children;
o (3) Between parents-in-law and children-
in-law;
o (4) Between the adopting parent and the
adopted child;
o (5) Between the surviving spouse of the
adopting parent and the adopted child;
o (6) Between the surviving spouse of the
adopted child and the adopter;
o (7) Between an adopted child and a
legitimate child of the adopter;
o (8) Between adopted children of the same
adopter; and
o (9) Between parties where one, with the
intention to marry the other, killed that other
person's spouse, or his or her own spouse.
ESSENTIAL and FORMAL REQUISITES
ESSENTIAL REQUISITES:
Art. 2. No marriage shall be valid, unless
these essential requisites are present:
a. Legal capacity of the contracting parties
who must be a male and a female; and
b. Consent freely given in the presence of the
solemnizing officer.
FORMAL REQUISITES:
Art. 3. The formal requisites of marriage are:
a. Authority of the solemnizing officer;
b. A valid marriage license except in the
cases provided for in Chapter 2 of this Title;
and
c. A marriage ceremony which takes place
with the appearance of the contracting
parties before the solemnizing officer and
their personal declaration that they take
each other as husband and wife in the
presence of not less than two witnesses of
legal age.
 ----
Art. 4. The absence of any of the essential or formal
requisites shall render the marriage void ab initio,
except as stated in Article 35 (2).
A defect in any of the essential requisites shall
not affect the validity of the marriage but the party or
parties responsible for the irregularity shall be
civilly, criminally and administratively liable.
3. ….
4. MARRIAGE SETTLEMENT: LAW GOVERNING
 Kinds of property relations under the FC
 If there is no agreement, the absolute community
property governs.
5. FOREIGN MARRIAGE HAS TO BE
AUTHENTICATED
To prove a foreign marriage (so it may be
recognized in the Philippines)
 Prove the existence of the foreign law on
marriage as a question of fact
 Prove the alleged foreign marriage
o Marriage certificate must be duly certified by
the official of the foreign government
concerned
o The certified document must be
authenticated by the consular official (sec 24
and 25 of the ROC)
Section 48. Effect of foreign judgments or final
orders. — The effect of a judgment or final order of a
tribunal of a foreign country, having jurisdiction to
render the judgment or final order is as follows:
(a) In case of a judgment or final order upon a
specific thing, the judgment or final order, is
conclusive upon the title to the thing, and
(b) In case of a judgment or final order against
a person, the judgment or final order is
presumptive evidence of a right as between
the parties and their successors in interest by
a subsequent title.
In either case, the judgment or final order may be
repelled by evidence of a want of jurisdiction, want of
notice to the party, collusion, fraud, or clear mistake
of law or fact.
RULE 108
Cancellation Or Correction Of Entries In The Civil
Registry
Section 1. Who may file petition. — Any person
interested in any act, event, order or decree
concerning the civil status of persons which has been
recorded in the civil register, may file a verified
petition for the cancellation or correction of any entry
relating thereto, with the Court of First Instance of the
province where the corresponding civil registry is
located.
Section 2. Entries subject to cancellation or
correction. — Upon good and valid grounds, the
following entries in the civil register may be
cancelled or corrected: (a) births: (b) marriage; (c)
deaths; (d) legal separations; (e) judgments of
annulments of marriage; (f) judgments declaring
marriages void from the beginning; (g) legitimations;
(h) adoptions; (i) acknowledgments of natural
children; (j) naturalization; (k) election, loss or
recovery of citizenship; (l) civil interdiction; (m)
judicial determination of filiation; (n) voluntary
emancipation of a minor; and (o) changes of name.
Section 3. Parties. — When cancellation or correction
of an entry in the civil register is sought, the civil
registrar and all persons who have or claim any
interest which would be affected thereby shall be
made parties to the proceeding.
Section 4. Notice and publication. — Upon the filing of
the petition, the court shall, by an order, fix the time
and place for the hearing of the same, and cause
reasonable notice thereof to be given to the persons
named in the petition. The court shall also cause the
order to be published once a week for three (3)
consecutive weeks in a newspaper of general
circulation in the province.
Section 5. Opposition. — The civil registrar and any
person having or claiming any interest under the
entry whose cancellation or correction is sought
may, within fifteen (15) days from notice of the
petition, or from the last date of publication of such
notice, file his opposition thereto.
Section 6. Expediting proceedings. — The court in
which the proceeding is brought may make orders
expediting the proceedings, and may also grant o Quita vs CA
preliminary injunction for the preservation of the o Rayray vs Chae Kyung Lee
rights of the parties pending such proceedings.
6. DECLARATION OF NULLITY OF MARRIAGE
Section 7. Order. — After hearing, the court may (JURISDICTION OVER ANNULMENT OF
either dismiss the petition or issue an order granting MARRIAGE)
the cancellation or correction prayed for. In either  May Philippine courts acquire jurisdiction over a
case, a certified copy of the judgment shall be served non-resident alien in an action for annulment of
upon the civil registrar concerned who shall
marriage?
annotated the same in his record.
o Rayray vs Chae Kung Lee

DIVORCE, DECLARATION F NULLITY OF VOID 7. DECLARATION OF NULLITY/ANNULMENT OF

MARRIAGE, ANNULENT OF VOIDABLE MARRIAGE MARRIAGE (NEW RULE (MARCH 2003))
AND LEGAL SEPARATION
8. …
DIVORCE

1. DIVORCE: Divorce vs Nullity of Marriage 9. DECLARATION OF NULLITY OF MARRIAGE

DIVORCE: the legal dissolution of the marriage bond (PRIOR FINAL JUDGEMENT OF NULLITY,
rendered by a competent court for causes defined by REQUIRED ONLY FOR REMARRIAGE)
law which arose AFTER marriage.
10. DECLARATION OF NULLITY OF MARRIAGE
DECLARATION OF NULLITY OF MARRIAGE: one in (PROSECUTOR REQUIRED TO INTERVENE IN
which the marriage did not really exist, the causes of PROCEEDING)
which arose BEFORE the marriage.

ANNULMENT OF VOID MARRIAGE: presupposes that

11. DECLARATION OF NULLITY OF MARRIAGE
the marriage is not null and void and hence, it may be
(PSYCHOLOGICAL INCAPACITY AS GROUND FOR
ratified or the petition to file for its annulment will
ANNULMENT)
prescribe.
o Santos vs CA
LEGAL SEPARATION: is a relative divorce which does o Republic vs CA
not sever but merely suspends the relation of o Hernandez vs CA
husband and wife. o Chi Ming Tsoi vs CA
2. DIVORCE BETWEEN FILIPINO SOUSES IS NOT
RECOGNIZED
o Tenchavez vs Escano
o Quita vs CA
o Cang vs CA

3. DIVORCE LEGALLY OBTAINED BY FOREIGN

SPOUSE IS RECOGNIZED
o Van Dorm vs Romillo
o Ilapil vs Ibay-Somera

4. DIVORCE BETWEEN FOREIGN SPOUSES IS

RECOGNIZED

5. PARTIAL DIVORCE UNDER ARTICLE 26, FC

o Pilapil vs Ibay-Somera