CONFLICT OF LAWS-MIDTERM EXAM

Edson L. Vicente
January 19, 2024
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A. Yes. As to the SC ruling, divorce secured by the alien shall be recognized and
valid in the Philippines as long it is allowed by the national law of the former.

B. No. Unlike extrinsic validity, intrinsic validity of the will follows Nationality
Principle where the national law of the person should be followed.

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A. No. The intrinsic formalities of the will covered the heirs and proportion of
inheritance. The validity thereof shall be based on the national law of the
decedent. If the Swiss Law prohibits the inheritance of illegitimate child, even
though it is contrary to public order, the said law shall prevail and not the
Philippine law.

B. It depends. Intrinsic validity of the will follows the national law of decedent. If
the disposition of the will shows no violation of the Swiss Law, then the will is
valid.

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The nationality of A is the nationality of his father before he became naturalized
Filipino citizen. Following the principle of Jus Sanguinis, the nationality of the
child should follow the nationality of its parent. As a general rule a parent should
carrying the Philippine citizenship at the time of birth of the child.

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Foreign shall be applied in the following circumstances:
1. Intrinsic validity of the will
2. When the issue is related to person, marriage, and properties
3. Successional rights
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No. Under Article 15, Filipinos are bounded by the Philippine law on family
relations and marriage regardless if they are living abroad. In addition, the
Family Code strictly prohibits incestuous marriages. Therefore, being Filipino
citizens, the marriage of A and B who are cousins is considered void ab initio.

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Yes, provided that they were able to secure Legal Capacity to Contract
Marriage to assure that there is no legal impediment between the parties. As
a general rule, with respect to family relations and marriage, it should be the
national law of aliens shall be followed except if the foreign law contravenes
to the domestic law and is against public order. In the said case Philippine
shall prevail.

The most significant relationship rule resolve the issue on the applicable law
to address a dispute. The court should determine which state has the most
substantial connection to the issue and parties. If the center of issue is
contract, the court should consider where the contract was made,
negotioated and executed.

There are steps in resolving conflict of laws. First is determining jurisdiction

where the court should resolve the issue on their authority to resolve the
case. Second, choice of law where the court identify what law should be
applied in resolving the issue. Lastly, recognition and enforcement.

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