Topic 3

1. Theories of Personal Law

Domiciliary theory, this theory is followed in the United States, according to which
the personal laws of a person are determined by his domicile.
Nationality theory where nationality or citizenship is the basis for determining the
personal laws of an individual. This theory is followed in the Philippines.

2. Personal laws
a. According to Article 194 of the Family Code. Support comprises everything
indispensable for sustenance, dwelling, clothing, medical attendance, education
and transportation, in keeping with the financial capacity of the family.
b. Status under this one’s condition, where ever he goes his status as long as a
Filipino citizen still stands.
c. Capacity under Article 37 of the NCC states that Capacity to act, which is the
power to do acts with legal effect, is acquired and may be lost.
3. Marriages in relation to Article 26 of the Family Code
Under the case of Tenchevez vs. Escano, under the Philippine law, the valid
marriage between Tenchevez and Escano remained subsisting and undissolved
notwithstanding the decree of absolute divorce that the wife sought and obtained
abroad.
4. Intrinsic Validity of Contracts
The doctrine of lex contractus means the law of the place where a contract is
executed or to be performed. It controls the nature, construction, and validity of
the contract and it may pertain to the law voluntarily agreed upon by the parties
or the law intended by them either expressly or implicitly.
Under lex loci voluntatis the parties agrees that Philippine law shall govern the
intrinsic validity of the contract.
Under lex loci intentionis the parties did not expressly agree which country
determines the intrinsic validity of the contract, what is intended by the parties
expressly or impliedly shall be used.
5. Application of the forgoing rules
Lex Rei sitae rule, under this rule, in cases of successional rights to real property,
what controls is the national law of the deceased as mentioned under Article 16
of the NCC.
Cases:
Tenchavez vs. Escano
Ruling: No. The Court held that under Philippine law, the valid marriage between
Tenchavez and Escaño remained subsisting and undissolved notwithstanding the
decree of absolute divorce that the wife sought and obtained in Nevada. Article 15 of
the Civil Code of the Philippines which was already in force at the time expressly
provided that “Laws relating to family rights and duties or to the status, condition and
legal capacity of persons are binding upon the citizens of the Philippines, even though
living abroad.” Here, at the time the divorce decree was issued, Vicenta, like her
husband, was still a Filipino citizen. She was then still subject to Philippine law, which
does not admit absolute divorce. Thus, under Philippine law, the divorce was invalid.
Van Dorn vs. Romillio
Ruling: The Court held that under Philippine law, the valid marriage between Tenchavez
and Escaño remained subsisting and undissolved notwithstanding the decree of
absolute divorce that the wife sought and obtained in Nevada. Article 15 of the Civil
Code of the Philippines which was already in force at the time expressly provided that
“Laws relating to family rights and duties or to the status, condition and legal capacity of
persons are binding upon the citizens of the Philippines, even though living abroad.”
Here, at the time the divorce decree was issued, Vicenta, like her husband, was still a
Filipino citizen. She was then still subject to Philippine law, which does not admit
absolute divorce. Thus, under Philippine law, the divorce was invalid.
Norma D. Del Socorro v. Ernst Johan Brinkman Van Wilsem
Ruling: To determine whether or not a person is criminally liable under R.A. No. 9262, it is
imperative that the legal obligation to support exists. We agree with respondent that
petitioner cannot rely on Article 195[34] of the New Civil Code in demanding support from
respondent, who is a foreign citizen
The obligation to give support to a child is a matter that falls under family rights and duties.
Since the respondent is a citizen of Holland or the Netherlands, we agree with the RTC-
Cebu that he is subject to the laws of his country, not to Philippine law, as to whether he is
obliged to give support to his child, as well as the consequences of his failure to do so. In
view of respondent's failure to prove the national law of the Netherlands in his favor, the
doctrine of processual presumption shall govern. Under this doctrine, if the foreign law
involved is not properly pleaded and proved, our courts will presume that the foreign law
is... the same as our local or domestic or internal law. Thus, since the law of the
Netherlands as regards the obligation to support has not been properly pleaded and proved
in the instant case, it is presumed to be the same with Philippine law, which enforces the
obligation of parents to support their children and penalizing the non-compliance therewith.