CHAPTER XI

THE PROBLEM OF THE RENVOI

Theories on Personal Law:

a. The National Theory (Personal Theory)

 By virtue of which the status and capacity of an individual

are generally governed by the law of his nationality

b. The Domiciliary Theory (Territorial Theory)

 Which regards the law of the domicile as the proper

determinative law on status and capacity

c. The Situs Theory (Eclectic Theory)

 Which views the particular place or situs of an event or

transaction as generally the controlling law

- If all states adopt uniformly any of the preceeding theory, renvoi would
not be a problem

RENVOI

- Literally means a referring back

- The problem arises when there is doubt as to whether a reference to a

foreign law
 Is a reference to the internal law of said foreign law
 Is a reference to the whole of the foreign law including its
conflicts rules

o If one state involved follows the nationality

theory, and the other follows the domiciliary
theory, there is a possibility that the problem
may be referred back to the law of the first
state
 - Example:

o An English domiciliary of the Philippines dies in Manila leaving his

English child. Under Art. 16, par. 12 of the Civil Code, successional
rights to the estate of the deceased Englishman are governed by
his national law, that is, English law.

 If what is meant by English law is the English

internal law on succession, it is clear that such law
will govern the successional rights of the child.

 If upon the other hand, what is meant by English law

is the whole law of England, including English
conflict rules, then the successional rights of the
child shall be governed according to English conflict
rules, by the law of the domicile of the deceased,
namely, Philippines law. Since according to the
problem the deceased was domiciled in the
Philippines at the moment of death.

PROPOSED SOLUTIONS TO RENVOI:

a. We may reject the renvoi

 Means we do not want the problem to be sent back to us

 Consider reference in Art. 16 par. 2 of Civil Code to be a
metal reference to the internal law of England on
succession
 We apply the English internal law on successional rights of
the child

b. We may accept the renvoi

 We mentally referred the matter to England because of Art.

16 of Civil Code; English rules in turn referred back to us
the matter. Then Philippines law applies.
 “Single renvoi” or “single remission”

c. We may follow the theory of desistment

 Referred to as the mutual-disclaimer of jurisdiction theory

 Under this theory, we desist or refrain from applying the
English law because we tell ourselves:
 under Art. 16, par. 2 of the Civil Code, we are asked to apply
the English or national law, but how can we apply English
law when said law is based, not on nationality but on the
domicile? Then apply Phil. Law.
  In Accepting renvoi, we found English law referring the
problem to us while in Desistment, we find English law
inadequate considering it is found in different basis.

d. We make use of the “foreign court theory”

 Simply means that our Philippine Court, in deciding case,

will put itself in the position of the English; and whatever
the English court will do respecting the case the Philippine
Court will likewise do.
 Sort of follow the leader…
 International pingpong, international football, revolving
doors and inextricable circle, etc.

o If we adopt the “foreign court theory” we may discover that the

foreign court may:

 Reject the renvoi

 We apply our internal law on
succession

 Accept the Renvoi

 Apply English internal law on
succession
 DOUBLE RENVOI
o Which occurs when the
local court, in adopting
the foreign court theory,
discover that the foreign
court accepts the renvoi

 Follows desistment theory

 Apply English law

 Follows foreign court theory

 International pingpong

TRANSMISSION

- The process of applying the law of a foreign state thru the law of a second
foreign state
 - Example:

 An Italian domiciled in the Philippines dies in England, If

the case is tries in England, the England court following the
domiciliary theory, refers to the law of the Philippines, but
discover that the Philippines, in turn, refers the matters to
Italy following nationality theory. Hence, England thru
Philippine Law, ultimately applies Italian law,

- Double Renvoi vs. Transmission

Double Renvoi Transmission

Deals with two countries Three or more countries

Deals with referring back Transmitting

IMPLICATIONS OF RENVOI AND TRANSMISSION

- Both renvoi and transmission may apply not only to successional rights;
they may refer also to marriage, to other contracts and agreements, in
facts, to almost anything covered by Conflict of Laws

- Both problems may occur even if countries Both adhere, to the

Nationality theory or both to the Domiciliary Theory

Salient Cases:

- In the Matter of Testate Estate of the Deceased Edward E. Christensen,

Deceased; Adolfo Aznar, and Lucy Cristensen vs. Helen Christensen
Garcia. G.R. No. L-16759, January 31, 1963

- Testate Estate of Amos G. Bellis et.al. vs. Edward A. Bellis, L-23678, June 6,
1967