Margarette B.

Angulo
JD3A
I.
In 2000, Ben and Jen, both Filipino citizens, were married in
the Philippines. In 2002, they got separated and they went
to Iceland where they obtained a divorce in the same year.
Ben then married Abi, another Filipina, in Iceland on January
2003. They had children, Hansel and Gretel. In 2006, after
failing to hear from Ben, Jen married Ken, and they had a
daughter named Barbie. In 2007, Ben visited the Philippines
where he died.

Questions:
1. Does the divorce obtained by Ben and Jen in Iceland
have any effect?

No, the divorce is ineffective between Ben and Jen. Our

Civil Code provides that all laws governing family
rights, like laws on marriage, still bind Filipinos, even
when living abroad. Divorce is still not legal in the
Philippine Laws, and as Filipinos, the divorce Ben and
Jen made would have been void.

2. Is the marriage of Ben and Abi valid?

No, Ben and Abi’s marriage is not valid. Since the Ben’s
first marriage with Jen is still effective, a second
marriage is void ab initio.

3. Is the marriage between Jen and Ken valid?

No, their marriage is not valid. Since Jen was still in a
valid marriage when he married Ken, the second
marriage is void ab initio. Even if he has not heard
from Ben anymore, our laws provide that there must
be a minimum of 5 years of no contact to be able to be
presumed dead, and thus remarry. In the example,
only 4 years has passed since Jen last heard from Ben
when she married Ken. This renders their marriage
invalid.
 II.

On December 1, 2007, Mr. Morgan executed a holographic

will, wherein he gave nothing to his acknowledged
illegitimate child, Kaye. Mr. Morgan left for United States,
passed the licensure exam for physician, resided therein,
and became a naturalized American citizen. He then died in
Florida, USA in 2014. The laws of Florida, USA do not
recognize holographic wills or compulsory heirs.

a. Can the holographic will of Mr. Morgan be admitted to

probate in the Philippines?
Yes, Mr. Morgan’s will may be probated in the
Philippines. Our succession laws provide that
holographic wills made by Filipinos are valid and may
be probated in the Philippines. Mr. Morgan made the
will in the Philippines as a Filipino citizen. Thus, his will
is valid and may be probated in the Philippines.
b. Assuming that the will is probated in the Philippines,
can Kaye validly insist that she be given her legitime?

Yes, she should rightfully get her legitime. Our

succession laws provide that children, both legitimate
and illegitimate, shall be given their legitimes except in
cases of valid disinheritance in the will of the testator.
Since there was no express disinheritance made by Mr.
Morgan, nor were there any grounds for disinheritance
provided in the will, Kaye should be given her legitime.

III.
A Korean national and a Filipino national entered into a
contract of services in Malaysia. The services will be
rendered in China. In case of breach, what law will govern?
EXPLAIN with legal basis.

In case of a breach, the contract laws of Malaysia will

govern. The general rule in contracts is that the law in the
place where the contract was consummated shall govern the
contract. Since the contract was consummated in Malaysia,
the contract laws of Malaysia shall govern in case of breach.

IV.
Bangbang, a citizen of Philippines, was injured in
Switzerland when Arleni, also a citizen of Philippines, failed
to stop at a stop sign. At the time of the accident, Arleni was
insured by Pharmaloko Bond Insurance Co., a Philippine
Corporation. Bangbang commenced an action in Switzerland
stating a claim under Philippine statute against the
Pharmaloko Bond Insurance Co. The insurance company has
consulted you for a legal advice and asks whether Swiss
Courts will recognize the claim under the Philippine statute.
Please advise.

I would advise that the Swiss Courts likely to accept the

insurance claim under Philippine statues. Generally, lex loci
delicti governs in cases of claims for injuries and damages,
however more recently, comity is applied in these cases.
This enables one to bring the action in one state or country
for a tort unless it is against public policy. In the problem, it
would be difficult to imagine how the claim could be
contrary to public policy. Through the application of comity,
the insurance company should be able to make a claim
under Philippine statute.

V.
What is the status of the reciprocity requirement for foreign
country money judgements?

Philippine courts generally do not apply reciprocity of foreign

judgements unless it is a result of comity. Foreign
judgements are always valid but may only be enforced by
Philippine courts when pleaded as fact. Further, foreign
judgements that are against public policy shall not be
enforceable in our courts.