October 26, 2021 – Recit and Discussions by Atty.

Marvin Miralles
Articles 15 and so on are conflicting laws.
Article 15
- Nationality Principle
- Concerned with Filipino National / Citizens of the Philippines living abroad
- Philippine laws involving family rights and duties, status, condition, and legal capacity
o These laws will follow you and govern you with respect to you family rights and
duties, etc. regardless of where you are
o Cannot invoke law of the country where you reside.
- Nationality Principle - Laws of the P
- Family rights and duties
o Duty to support your wife, spouse, children, parents
o Obligation to live together, observe respect, etc.
- A and B are married Filipino Citizens. They reside in a different country that does not
require married couples to support each other. A decided to no longer support B. Can B
demand support from A and is B obliged to support A?
o Yes, A can demand support from B in accordance with Article 15 of the Civil Code
of the Philippines, where the Nationality Principle is applied. It is also in accordance
with Article 68 of the Family Code of the Philippines.

- Status and Condition

o Marital Status
o Being Legitimate
- Can one’s marital status be questionable? Yes, through mixed marriages.
o Divorce in the Philippines is not allowed, but Filipino Citizens may validly file for it
abroad.
o Different to Annulment – divorce is more relaxed in obtaining requirements, while
annulment is strict.
o Any reason, even irreconcilable difference, can be used to file for divorce.
o Nullity of marriage is not so simple.
- Article 26 (6?) of the Family Code can be used in the cases of mixed marriages.
- Article 26 of the Family Code of the Philippines has further stipulations of marriage in
connection to the nationality principle
- Legal Capacity
- Aliens/Foreigners are governed by the laws of their respective home countries, concerning
their family rights and duties
Article 16
- Conflicts Rules on Property (Lex Rei Sitae) first paragraph
- Real and personal property is subjected to the law where is situated
- Wherever the property is situated, if it is faced by legal conflict, it is governed by the laws of
that land.
- Personal and Real Property
o Personal property can be moved from one place to another (cars, jewelry)
o Real properties are immovable properties (houses, land/lot, fixed machines)
CHIKA NI SIR ABOUT BOGO AND HIGH SCHOOL SHIT
- Exceptions of Lex Rei Sitae
o If the property is subject to interstate and testamentary succession
o (1) Order of succession
o (2) Amount of successional rights
o (3) Intrinsic validity of testamentary provisions
o The decedent’s (the person who died/original owner of the property) country of
residence will be the basis of which laws will be used.
o Whatever the nature of the property (real of personal) wherever may it be found
o Order of succession, should start with the last descendant (surviving
children/compulsory heir), if there is no heir, then the siblings
o Amount of successional rights – amount (percentage) of rights provided in the
testament or the national law of the decedent
o Intrinsic validity – the very content of the last will and testament or the national law
of the decedent
o National law is not applied when the extrinsic of validity is questioned – forms of
solemnities that are observed in connection to the testament (written
form/signed/etc.)
- Capacity of the heir – questions pertaining to this will be governed by national law
- In the lack of a testimony, even if illegitimate, one can acquire rights to property of a
foreigner spouse/father in accordance with national law of the decedent

November 4, 2021 – Discussion by Atty. Marvin Miralles

Principle of Lex Rei Sitae (Art. 15, Par. 1)
- Personal and real properties are subject to the law of the country in which it is situatued
o Real property – immovable property
o Personal property – movable/detachable property
 Exception: machinery that cannot be removed from real property without
damage are considered real property
Succession (Art. 16, Par. 2)
- Exemption is that when discussed the above statement – questions made about the property
will be answered by the law of where the succession is being considered
- Decedent – owner of property who died without a testament
- Testator – owner of the property who authored a last will and testament
- Intestate and testamentary succession…
o Intestate succession – the succession that takes place in accordance with the law, not
with the intention of the decedent, since there is no last will and testament
o Testamentary succession – the heir is designated by a validly executed will of the
testator; the heir is designated by the testator; the testator will execute their last will
and testament during their lifetime but will only take effect on their death
Renvoi Doctrine
- Happens when you apply the conflict of laws
- There is a law governing a certain matter but may consider the foreign laws as well,
especially when it is involving of an alien
- Renvoi means referring back
- When the intrinsic validity is being questioned
- Arises when our law refers a case to another country for a solution but the country also
refers it back to us.
- The Philippines will settle the case using its laws nalang
- This is to avoid “international football”
CHIKA ABOUT SKWELA AND ALLOWANCE
- To look at the formalities of a testament then that is looking at the extrinsic validity of the
provision which is not applied in Article 16
Article 17 of the Civil Code of the Philippines
Lex Loci Ceclebrationis
- Par. 1 – law that will apply in documents will be the law where it was executed
- Docutments
o Contracts
o Wills
o Other public instruments
- Private Instrument – contract/agreements signed by parties without notarization
- Public Instrument – notarized documents
- Public Instruments are documents that cannot be complained/questioned by any third party
that are not part of the contract
Extrinsic Validity – the solemnities and formalities that affect the validity of documents
- The law of the country where the document was executed or celebrated shall be followed in
the event that a document is being questioned
DI KO NA KAYA HUHU KOPYA FROM OTHERS
Laws to be applied when:
- Intrinsic Validity of Contacts – Lex Contractus
- Intrinsic Validity of Wills – National Law of the Decedent
- Extrinsic Validity of Contacts – Lex Loci Celebrationis
- Extrinsic Validity of Wills – Lex Loci Celebrationis
Juan, a Filipino citizen, entered an ordinary contract with Joe, an American citizen. The contract
was executed in Canada.
- What law will govern if the issue is about the formal validity of the contract? Lex Loci
Celebrationis – the law of the place where it is excuted, Canadian Laws.
- What law will govern if Juan violated the contract by Philippine Law standard? Nationality
Principle – the Philippine Law follows Filipino citizens, even when living abroad, Philippine
Law.
- What law will apply if the intrinsic validity of the contacts is being questioned? Lex
Contractus.