Nationality Principle (Citizenship Theory) –
Laws relating to family rights or duties, or to
the status, condition and legal capacity of
persons (personal laws) shall be governed
by their national law.
Territoriality Principle (Penal laws) – Penal
laws or those of public security or safety are
obligatory upon all those who live or
sojourn the Philippine territory.
Exterritoriality Principle – Philippine
diplomatic and consular offices are
considered extension of the Philippine
territory.
Doctrine of Stare Decisis- “to stand by
things decided” When the Supreme Court
has once laid down a principle, it shall stand
by it and apply it to all cases similar.
Doctrine of Processual Presumption – If a
foreign law is not properly alleged and
proved, the presumption is that it is the
same as ours.
Renvoi Doctrine – “referring back” the
process when the courts refer a case to a
foreign country for solution, but the law of
that country returns it for determination.
Lex Rei Sitae – Real or personal property
shall be governed by the law of the country
where it is located.
Lex Loci Celebrationis – The forms of
solemnities of contracts, wills, or other
public instruments shall be governed by the
law of the country in which they are
executed.
Lexi Fori Rule – foreign law must be proven
as a fact
Law – a body of rules of conduct prescribed
but a controlling authority and is legally
binding
Legal Capacity – power to enter into binding
contracts
Prejudicial Question – Exist when the
decision of a criminal case is dependent to a
decision of a civil case
Civil Personality – the aptitude of being the
subject, active or passive, of rights and
obligations
Person – any being, natural or artificial,
capable of possessing legal rights or
obligations // subject of legal relations
Full Civil Capacity – Possessing Judicial
Capacity and Capacity to Act
Birth determines personality – actual
personality
The law considers the conceived child as
born, for all purposes favorable to it,
provided it is born later – presumptive
personality
Juridical capacity – the fitness to be the
subject of legal relations
Capacity to act – the power to do acts with
legal effects
Full Civil Capacity = Juridical Capacity +
Capacity to Act
Presumptive Personality – The law
considers a conceived child as born, for all
purpose favorable to it, and provided it is
born later