Topic 4.

1. Lex Rei Sitae rule is that the 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.
Mobilla sequuntur personam means that movables follow the law of the person.
This is no longer applicable as Lex Rei Sitae is already followed.
The exceptions to the Lex Rei Sitae rule are:
1. In case of successional rights to real property, what controls is the
national law of the deceased.
2. Capacity to succeed in inheritance problems is also governed by the
national law of the deceased.
Renvoi Doctrine takes place when the conflicts rule of the forum makes a
reference to a foreign law, but the foreign law is found to contain a conflict rule
that returns or refers the matter back to the law of the forum.
Single Renvoi happens when a person is domiciled in another country and his
properties are situated in another country.
Double Renvoi happens when there are more than two countries, where a
person is a national of another country and is a habitual resident of another
country and his properties are situated in another country which is not of his
domicile ore habitual or his habitual residence.
2. Lex Loci Celebrationis refers to the validity or formalities of a contract. Under this
forms and solemnities of contracts, wills and other instruments are governed by the
laws of the country which they are executed.

Cases:
Testate Estate of Joseph G. Brimo, JUAN MICIANO v. ANDRE BRIMO
Ruling: The court refused to recognize the claim of Magdalena on the ground that the
laws of Nevada of which the deceased is a citizen allows him to dispose all of his estate
or properties without requiring him to leave any portion of his estate of his wife.
Anzar vs. Garcia
Ruling: Article 16 of the Civil Code provides that the intrinsic validity of testamentary
dispositions are governed by the national law of the decedent, in this case, California
law. The provision in the laws of California giving a testator absolute freedom in
disposing of his estate is the internal law which applies only to persons domiciled within
the said estate. On the other hand, the provision in the laws of California stating that
personal property is governed by the laws of the domicile of its owner is the conflict of
laws rule that applies to persons not domicile in the said state. Accordingly, the laws of
the Philippines, in which the testator is domiciled governs the succession and the
regime of legitimes must be respected.
Bells vs Belis
Ruling: The Supreme Court held that the said children are not entitled to their legitimes.
Under the Texas Law, being the national law of the deceased, there are no legitimes.
Further, even if the deceased had given them share, such would be invalid because the
law governing the deceased does not allow such.