Topic outline 4

1. What is lex rei sitae rule?

Answer:
Article 16 of the Civil code provides that Real property as well as personal property is subject to
the law of the country where it is stipulated.

a. What is mobilia sequuntor personam?

Answer:
It provides that the law governing a person also governs his movable property
However, this principle has already been abrogated in the existence of lex rei sitae as
provided under Article 16 of the Civil Code.

Testate of Brimo vs Brimo

“The appellant's opposition is based on the fact that the partition in question
puts into effect the provisions of Joseph G. Brimo's will which are not in accordance with
the laws of his Turkish nationality, for which reason they are void as being in violation or
article 10 of the Civil Code which, among other things, provides the following:

Nevertheless, legal and testamentary successions, in respect to the order of

succession as well as to the amount of the successional rights and the intrinsic validity of
their provisions, shall be regulated by the national law of the person whose succession is
in question, whatever may be the nature of the property or the country in which it may
be situated.

But the fact is that the oppositor did not prove that said testimentary
dispositions are not in accordance with the Turkish laws, inasmuch as he did not present
any evidence showing what the Turkish laws are on the matter, and in the absence of
evidence on such laws, they are presumed to be the same as those of the Philippines.”

Aznar vs Gacia

“The conflict of laws rule in California, Article 946, Civil Code, precisely refers
back the case, when a decedent is not domiciled in California, to the law of his domicile,
the Philippines in the case at bar. The court of the domicile can not and should not refer
the case back to California; such action would leave the issue incapable of
determination because the case will then be like a football, tossed back and forth
between the two states, between the country of which the decedent was a citizen and
the country of his domicile. The Philippine court must apply its own law as directed in
the conflict of laws rule of the state of the decedent, if the question has to be decided,
especially as the application of the internal law of California provides no legitime for
children while the Philippine law, Arts. 887(4) and 894, Civil Code of the Philippines,
makes natural children legally acknowledged forced heirs of the parent recognizing
them.”
Bellis vs Bellis

“Appellants would also point out that the decedent executed two wills — one to
govern his Texas estate and the other his Philippine estate — arguing from this that he
intended Philippine law to govern his Philippine estate. Assuming that such was the
decedent's intention in executing a separate Philippine will, it would not alter the law,
for as this Court ruled in Miciano v. Brimo, 50 Phil. 867, 870, a provision in a foreigner's
will to the effect that his properties shall be distributed in accordance with Philippine
law and not with his national law, is illegal and void, for his national law cannot be
ignored in regard to those matters that Article 10 — now Article 16 — of the Civil Code
states said national law should govern.”

b. What are the exceptions to the Lex Rei Sitae Rule?

Answer:
The following are the exeption to Lex Rei Sitae Rule:

1. In case of successional rights in real property, it governed by the national law of the
deceased.
2. In determination of the capacity of the heirs to inherit, it is national law that governs.
3. Contracts involving real property but which do not involve any transfer of such real
property. It is governed by either the law of the place agreed upon or in accordance
with the law intended by the parties.
4. In a contract where a real property is given as a security, the principal contract is govern
by the proper while sa accessory contract is governed by the place where the property is
situated.

c. Illustrations of the Lex Rei Sitae Rule

Answer:

A and B entered into a contract of sale of real estate property located in the Philippines. A is
domiciled in the Philippines, while B is at US. The contract was executed at Japan.

Since the paramount rule is lex rei sitae, this the capacity, extrinsic and intrinsic validity of
contract is governed by the law of the place of the property.

d. What is the Renvoi Doctrine?

Answer:
This exists when the conflicts rule of the forum transfers or makes reference to a foreign law
but the conflicts rule of the foreign law makes reference to the law of the forum.
 e. When is there a single renvoi?

Answer:
When the conflicts rule of the foreign law merely refers the matter back to the law of the
forum.

f. When is there double renvoi?

Answer:
When the conflicts rule of the forum refers to the law of the foreign law, however, the
conflicts rule of the foreign law makes reference to the law of a third forum or state.

2. Lex Loci Celebrationis

Answer:
This means that the forms and solemnities of the contract, document or will and other
documents shall be governed by the law place where it is executed

3. Conflicts of Rule

Answer:
The following are the conflicts rule:

a. Lex Rei Sitae

b. Lex Contractus
c. Lex Loci Celebrationes
d. Lex Nationali