CONFLICT OF LAWS

PRIVATE INTERNATIONAL LAW entities possessed of

international personality.
As to transactions involved
GENERAL PRINCIPLES Private transactions with Transactions generally
private individuals. affect public interest; or of
Private international law interest only to sovereign
states.
It is a part of municipal law of a state which directs its As to remedies and sanctions
courts and administrative agencies, when confronted Resort to municipal Remedies may be peaceful
with a legal problem involving foreign element, whether tribunals. or forcible.
or not they should apply the foreign law.
Sources of Philippine conflict rules
Conflict of laws
1. Family Code
It is the inconsistency or difference between the laws of Arts. 10, 21, 26, 35, 36, 37, 38, 80, 96, 184, and
different states or countries, arising in the case of 187
persons who have acquired rights, incurred obligations, 2. Civil Code
injuries or damages, or made contracts, within the Arts. 14, 15, 16, 17, 815, 816, 818, 819, 829,
territory of two or more jurisdictions. (Black’s Law 1039, 1319, and 1753
Dictionary, Fifth Edition) 3. Penal Code
Art. 2
Functions of private international law 4. Corporation Code
Sec. 133 – Doing business without a license
1. Prescribes conditions under which a court or 5. 1987 Constitution
agency is competent to entertain proceedings Art. IV and Art. 5, Sec. 1
with foreign elements; 6. Rules of Court
2. Specifies the circumstances in which foreign Rule 14 and 39, Sec. 48; Rule 131, Sec. 3 (n);
judgment will be recognized as valid and Rule 132, Secs. 24 and 25.
binding in the forum; and
3. Determines the particular system of law for Territoriality Principle
each class of cases to ascertain the rights of the
parties. (Paras, 1990) Penal laws and those of public security and safety shall
be obligatory upon all who live or sojourn in the
Elements of Conflict of laws Philippines, subject to the principles of international law
and treaty stipulations. (NCC, Article 14)
1. Legal problem or case involving foreign
element; Nationality principle

Foreign element – a factual situation cutting Laws relating to family rights and duties or to the status,
across territorial lines, affected by diverse laws condition, and legal capacity of persons are binding upon
of two or more states. citizens of the Philippines, even though living abroad.
(NCC, Article 15)
2. Primary function is to determine whether the
law or judgments of other state/s will govern Lex rei sitae
and if so the extent if its recognition or
application in the forum. (Coquia, 2000) Real property as well as personal property is subject to
the law of the country where it is situated. (NCC, Article
Private International Law v. Public International law 16)

Two views: Lex loci celebrationis

1. Monist school – Both subjects are essentially the The forms and solemnities of contracts, wills, and other
same, because they manifest a single concept of public instruments shall be governed by the laws of the
law, ultimately addressed to the same country in which they are executed. (NCC, Article 17)
individual.

2. Dualist School – This school of thought JURISDICTION AND CHOICE OF LAW

differentiates private and public international
law in the following manner: JURISDCTION

Private International law Public International law GR: It is the right of a State to exercise authority over
As to nature persons and things within its boundaries.
Municipal in character International in character
As to persons involved Rules to follow when the court is confronted with a
Private individuals Sovereign states and other case involving a foreign element
 2. When the application of the foreign law,
If the court is faced with a case involving a foreign judgment or contract:
element, it should first determine: a. May work undeniable justice to the
citizens/residents of the forum; and
1. Whether it has jurisdiction over the case; b. May work against vital interests &
2. If it has no jurisdiction, it should be dismissed national security of the state of the
on that ground; forum.
3. If it has jurisdiction, the court will determine
whether it should assume jurisdiction, or it Doctrine of Processual Presumption of Law
should dismiss the case on the ground of forum
non-convenience; and Where a foreign law is not pleaded or, even if pleaded, is
4. Once the court has determined it has not proved, the court of the forum may presume that the
jurisdiction over the case, it will next determine foreign law applicable to the case is the same as the local
whether to apply the internal law of the forum or domestic law.
or apply the proper foreign law.
Foreign laws do not prove themselves in our jurisdiction
Forum Non Conveniens and our courts are not authorized to takejudicial notice
of them. Like any other fact, they must be alleged and
It refers to the refusal to assume jurisdiction because it proved.
would prove inconvenient for the forum.
A Philippine court may take judicial notice of a foreign
Grounds for dismissal of the case on the basis of law, as when the laws are already within its actual
forum non conveniens knowledge, such as when they are well and generally
known or they have been actually ruled upon in other
1. Evidence and witnesses may not be readily cases before it and none of the parties concerned claim
available in the forum; otherwise. (PCIB v. Escolin, G.R Nos. L-27860 & 27896,
2. Court dockets of the forum are already clogged September 30, 1975)
that would hamper the speedy administration
of justice; How to prove a foreign law
3. The matter can be better tried and decided in
another forum; Under Sections 24 and 25 of Rule 132 of the Rules of
4. To curb the evils of forum shopping; Court, a writing or document may be proven as a public
5. The forum has no particular interest in the or official record of a foreign country by either:
case, as when the parties are not citizens of the
forum or are residents elsewhere; 1. An official publication; or
6. Inadequacy of the local judicial machinery in 2. A copy thereof attested by the officer having
effectuating the right sought to be enforced; legal custody of the document. If the record is
and not kept in the Philippines, such copy must be
7. Difficulty in ascertaining the foreign law (a) accompanied by a certificate issued by the
applicable. proper diplomatic or consular officer in the
Philippine Foreign Service stationed in the
When can internal or domestic law be applied foreign country in which the record is kept and
(b) authenticated by the seal of his office.
1. Law of the forum expressly so provides in its
conflicts rule; CHOICE OF LAW
2. Proper foreign law has not been properly
pleaded and proved; Important questions that choice-of-law problems
3. Case involves any of the exceptions to the seeks to answer
application of the foreign law.
1. What legal system should control a given
Instances: situation where some of the significant facts
occurred in two or more states; and
1. When the foreign law, judgment or 2. To what extent should the chosen system
contract is: regulate the situation. (Saudi Arabian Airlines v.
a. Contrary to sound and established CA, G.R. No. 122191, October 8, 1998)
policy of the forum;
b. Contrary to almost universally NOTE: Foreign law has no extraterritorial effect and any
conceded principles of morality exception to this right must be traced to the consent of
(contra bonus mores); the nation.
c. Involves procedural matters;
d. Purely fiscal or administrative Theories on why the foreign law may be given effect
matters; and
e. Involves real or personal property 1. Theory of Comity – The application of foreign
situated in the forum. legal systems in cases involving foreign
element is proper, otherwise, the non-
 CONFLICT OF LAWS
application would constitute a disregard of
foreign sovereignty or lack of comity towards 2. All-sided Rule – indicates when foreign law is
other States. to be applied.

Comity – It is the recognition which one state Characterization (Doctrine of Qualification or

allows within its territory to the legislative, Classification)
executive, or judicial acts of another state,
having due regard both to international duty It is the process of deciding whether or not the facts
and convenience and to the rights of its own relate to the kind of question specified in a conflits rule.
citizens or of other persons who are under the (Saudi Arabian Airlines v. CA, G.R. No. 122191, October 8,
protection of its laws. (Agpalo. 2004) 1998)

Kinds: Steps in characterization

a. Comity based on reciprocity; and
b. Comity based on the persuasiveness of the 1. The determination of facts involved;
foreign judgment. 2. The characterization of factual situation;
3. The determination of conflicts rule which is
2. Theory of Vested Rights – Courts enforce not to be applied;
the foreign law or foreign judgment but the 4. The characterization of the point of contact
rights vested under such law or judgment. where the connecting factor;
Thus, rights acquired in one country must be 5. The characterization of the problem as
recognized and legally protected in other procedural or substantive;
countries. 6. The pleading and proving of the proper
foreign law; and
3. Theory of Local Law – This involves the 7. The application of the proper foreign law to
appropriation of a foreign rule by the State of the problem. (Paras, 1990)
the forum and transforming it into a domestic
rule. A foreign law is applied because our own ---
law, by applying a similar rule, requires us to
do so, as if the foreign law as become part of Q: A (a Filipino construction firm) and the Iraqi
our internal or domestic law. Government entered into a service contract for the
construction of building in Iraq. The service contract
4. Theory of Harmony of Law – Identical or contained no express choice of the law that would
similar problems should be given identical and govern it. The contract was secured by a
similar solutions, thus resulting in harmony of performance bond issued by B (a domestic
laws. The application of the same or similar corporation). For A’s faliure to complete the project,
solution prevents the bad practice of forum B paid the bond. B claimed reimbursement but A
shopping. failed to pay. Thus a case was filed. Should Philippine
law govern in determining B's default?
5. Theory of Justice – Choice of law should be
determined by considerations of justice and A: YES. In this case, the laws of Iraq bear substantial
social expediency and should not be the result connection to the transaction, since one of the parties is
of mechanical application of the rule or the Iraqi Government and the place of performance is in
principle of selection. Iraq. Hence, the issue of whether B defaulted in its
obligations may be determined by the laws of Iraq.
However, since that foreign law was not properly
CHARACTERIZATION pleaded or proved, the presumption of identity or
similarity, otherwise known as the processual
CONFLICT RULES presumption, comes into play. Where foreign law is not
pleaded or, even if pleaded, is not proved, the
These are provisions found in our own law which govern presumption is that foreign law is the same as ours.
factual situations possessed of foreign element. It is (Philippine Export and Foreign Loan Guarantee
usually expressed in the form of an abstract proposition Corporation v. V.P. Eusebio Construction, Inc. Et Al, G.R.
that a given legal question is governed by the law of a No. 140047, July 13, 2004)
particular country (which may be an internal law or the
proper foreign law), to be ascertained in the manner ---
indicated in the provision. (Sempio-diy, 2004)
Q: A, a foreign corporation, won a collection case in
Kinds of conflict rules Japan against B, a domestic corporation doing
business in Japan. A filed a suit for enforcement of
1. One-sided Rule – indicates when Philippine the judgment in the RTC of Manila. B assails the
law will apply; judgment on the ground that the Japanese court did
not validly acquire jurisdiction over B’s person since
e.g., Articles 15 and 818 of the Civil Code only B was served with summons in the Philippines and
apply to Filipinos. not in Japan. Is B correct?
 residence, or in the absence thereof, his
A: NO. It is settled that matters of remedy and residence.
procedure such as those relating to the service of process
upon a defendant are governed by the lex fori or the Theory of effective nationality
internal law of the forum. In this case, it is the procedural
law of Japan where the judgment was rendered that A third state shall recognize exclusively in its territory
determines the validity of the extraterritorial service of either the nationality of the country of which one is
process on B. As to what this law is a question of fact, not habitually and principally a resident, or the nationality of
of law. It may not be taken judicial notice of and must be the country with which in the circumstances one appears
pleaded and proved like any other fact. B did not present to be in act most closely connected. (Hague Convention
evidence as to what that Japanese procedural law is and on Conflict Nationality Laws, Art. 5)
to show that under it, the assailed extraterritorial service
is invalid. Accordingly, the presumption of validity and ---
regularity of the service of summons and the decision
thereafter rendered by the Japanese court must stand. Q: What are the effects of marriages of: 1) a citizen to
(Northwest Orient Airlines, Inc. v. Court of Appeals and C.F. an alien; and 2) an alien to a citizen on their spouses
Sharp & Company Inc., G.R. No. 112573, February 9, 1995) and children?

A: The following are the effects:

DOMICILE AND CITIZENSHIP
1. Filipino citizens who marry aliens retain their
CITIZENSHIP citizenship, unless by their act or omission, they are
deemed, under the law, to have renounced it. (1987
Personal law Constitution, Art. IV, Sec. 4)

The law which attaches to a person wherever he may go 2. Sec. 15 of the Revised Naturalization Law provides
and generally governs his status, capacity, condition, that a foreign woman who marries a Filipino citizen
family relations, and the consequences of his actuations. becomes a Filipino citizen provided she possesses
(Sempio-Diy, 2004) all the qualifications and none of the
disqualifications for naturalization. Sec. 15 was
Theories of Personal Law obviously to accord to an alien woman, by reason of
her marriage to a Filipino, a privilege not similarly
1. Nationality Theory or Personal Theory – The granted to other aliens. On the other hand, a foreign
status and capacity of a person are determined by man who marries a Filipino citizen does not acquire
the law of his nationality or national law. (Sempio- Philippine citizenship. But under Sec. 3 of the same
Diy, 2004) law, in such a case, the residence requirement for
naturalization will be reduced from 10 to 5 years.
NOTE: The Philippines follows the Nationality Under Sec. 1(2), Art. IV of the Constitution, the
Theory. children of an alien and a Filipino citizen are citizens
of the Philippines. (Moy Ya Lim Yao “Alias” Edilberto
2. Domiciliary Theory or Territorial Theory – The Aguinaldo Lim and Lau Yuen Yeung v. Commissioner
status and capacity of a person are determined by of Immigration, G.R. No. L-21289, October 4, 1971)
the law of his domicile (Ibid.).
---
3. Situs or Eclectic Theory – The particular place or
situs of an event or transaction is generally the Q: Is dual citizenship a ground for disqualification
controlling law. (Ibid.) from running for any elective position under the
Local Government Code?
Problems in applying the nationality principle in
dual or multiple citizenship A: NO. Dual citizenship is different from dual allegiance.
The phrase “dual citizenship” in R.A. 7160 must be
It arises from the concurrent application of jus soli and understood as referring to “dual allegiance,” and persons
jus sanguinis at birth or from a refusal of certain States to with dual citizenship do not fall under this
accept a full application of the doctrine of expatriation, disqualification. Dual citizenship is involuntary - it arises
from marriage, or from a formal and voluntary act. out of circumstances like birth or marriage; while dual
allegiance is a result of a person’s volition. It is a
1. In matters of status, a person is usually situation wherein a person simultaneously owes, by
considered by the forum as exclusively its own some positive act, loyalty to 2 or more states.
national. His additional foreign nationality is
disregarded. Also, Manzano upon filing his certificate for candidacy
2. In case litigation arises in third country, the law have elected Philippine citizenship thus terminating his
most consistently applied is that of the country dual citizenship. He made these statements: “I am a
of which the person is not onl a national but Filipino citizen…natural born. I am not a permanent
where he also has his domicile or habitual resident of, or immigrant to, a foreign country. I am
eligible for the office I seek to be elected…I will support
 CONFLICT OF LAWS
the Constitution of the Philippines and will maintain true
faith and allegiance thereto…,” thus the filing sufficed to The individual’s private rights, condition, status, and
renounce his American citizenship. (Mercado v. Manzano capacity are determined by the law of his domicile.
& COMELEC, G.R. No. 135083 May 26, 1999)
It is adopted mostly by common law countries with
--- population consisting of different nationalities. Their
unity may be achieved by adopting the law of their
Q: Cruz was born in Tarlac, of Filipino parents domicile.
making him a natural-born citizen of the Philippines.
However, he lost his Philippine citizenship when he Fundamental principles of domicile
was enlisted in the U.S. Marine Corps and took an
oath of allegiance to the U.S.A, thereby becoming an 1. No person shall be without a domicile;
American citizen. Cruz reacquired his Philippine 2. A person cannot have two simultaneous
citizenship through repatriation under R.A. 2630. He domiciles;
ran for and was elected as the Representative of the 3. Every natural person, as long as he is free and
Second District of Pangasinan in the 1998 elections. sui juris, may establish and change his domicile
He won over Bengson III. Subsequently, Bengson at his pleasure;
filed a disqualification case with the HRET claiming 4. A domicile, once acquired, is retained unless a
that respondent Cruz was not qualified to become a new one is gained;
member of the House of Representatives since he is 5. The presumption is in favor of continuance of
not a natural-born citizen as required under Art. VI, domicile; the burden of proof is on the one who
Sec. 6 of the Constitution. The HRET dismissed the alleges that change of domicile has taken place;
petition for quo warranto and declared respondent 6. To acquire a fresh domicile, residence and
Cruz was duly elected as a Representative. The HRET intention must concur; to retain an existing
also denied Bengson’s motion for reconsideration. domicile, either residence there or intention to
Can Cruz, a natural-born Filipino who became an remain must be present; to abandon a domicile,
American citizen, still be considered a natural-born residence in a new place and intention to
Filipino upon his reacquisition of Philippine abandon the old place must concur. (Gallego v.
citizenship? Verra, G.R. No. L-48641, November 24, 1941)

A: YES. Cruz can still be considered a natural-born Essential requisites needed in order to acquire a
Filipino upon his reacquisition of Philippine citizenship. domicile of choice
He may have lost his Filipino citizenship when he
rendered service in the Armed Forces of the United 1. Capacity;
States. However, he subsequently reacquired Philippine 2. Actual physical presence in the place chosen;
citizenship under R.A. No. 2630, Sec. 1, which 3. Freedom of choice; and
provides: ”Any person who had lost his Philippine 4. Provable intent that it should be one’s fixed and
citizenship by rendering service to, or accepting permanent place of abode — one’s home — hat
commission in, the Armed Forces of the United States, or is, there should be “animus manendi” (intent to
after separation from the Armed Forces of the United remain) or “animus non-revertendi” (intent not
States, acquired United States citizenship, may reacquire to return to the original abode).
Philippine citizenship by taking an oath of allegiance to
the Republic of the Philippines and registering the same Legal classifications of domicile
with Local Civil Registry in the place where he resides or
last resided in the Philippines. The said oath of allegiance 1. Domicile of origin – It is the domicile of a
shall contain a renunciation of any other citizenship.” person’s parents at the time of birth.
Cruz upon taking the required oath of allegiance to the 2. Constructive domicile – It is the domicile
Republic and having registered the same in the Civil established by law after birth in case of persons
Registry of Mangatarem, Pangasinan in accordance with under legal disability, regardless of their
the aforecited provision, is deemed to have recovered his intention or voluntary act.
original status as a natural-born citizen, a status which
he acquired at birth as the son of a Filipino father. It Rules in determining the domicile of a person
bears stressing that the act of repatriation allows him to
recover, or return to, his original status before he lost his A minor follows the domicile of his parents. (Imelda
Philippine citizenship. (Bengson v. HRET and Cruz, G.R. Romualdez-Marcos v. Comelec, G.R. No. 119976,
No. 142840. May 7, 2001) September 18, 1995)

DOMICILE His domicile of origin is

that of his parents at the
It is the place with which a person has a settled time of his birth.
connection for certain legal purposes, either because his
If the child is legitimate
home is there or because that is the place assigned to If parents are separated,
him by law. the domicile of the
custodial parent.
Domiciliary or Territorial Theory/Lex Domicilii
 His domicile of origin is voidable when the marriage is
If the child is that of the mother at the valid. However, after
illegitimate time of his birth. annulment, the wife can
freely select her own
The domicile of his father domicile of choice.
If the child is at the time of his birth
legitimated controls. The wife can have a
domicile separate from
If the marriage is void
the husband.
RULES IN DETERMINING
ONE’S CONSTRUCTIVE DOMICILE OTHER PERSONS
His domicile is the one he
MINORS had possessed prior to
Convict or prisoner
1. If legitimate, the domicile of both parents. his incarceration.

In case of disagreement, that of the father, Their domicile is their

unless there is a judicial order to the contrary. domicile before their
Soldiers
enlistment.
2. If illegitimate, the domicile of the mother.
Their domicile is the one
3. In case of absence or death of either parent, they had before they
the domicile of the present parent. were assigned
Public officials or
elsewhere, unless they
employees abroad
Even in case of remarriage of the surviving voluntarily adopt their
(diplomats, etc.)
parent, still, his/her domicile determines the place of employment as
constructive domicile of the minor child. their permanent
residence.
4. If the child is adopted, the domicile of choice of
the adopter is the child’s constructive ---
domicile.
Q: Does leasing a condominium unit show an
INSANES, IDIOTS, IMBECILES intention to establish not just a residence but a
The law assigns their domicile to them: domicile of choice?

1. If they are below the age of majority, the rules A: NO. While a lease contract may be indicative of the
on minors apply to them. petitioner’s intention to reside in a place, it does not
engender the kind of permanency required to prove
2. If they are of age and have guardians, they abandonment of one’s original domicile.
follow the domicile of choice of their
guardians. To successfully effect a change of domicile, petitioner
must prove an actual removal or an actual change of
3. If they are of age and have no guardians, their domicile; and a bona fide intention of abandoning the
constructive domicile is their domicile of former place of residence and establishing a new one
choice before they became insane. and definite acts which correspond with the purpose. In
the absence of clear and positive proof, the domicile of
MARRIED WOMEN origin should be deemed to continue. (Agapito Aquino V.
1. The constructive COMELEC, Move Makati, Mateo Bedon and Juanito Icaro,
domicile of the wife is G.R. No. 120265, September 18, 1995)
the domicile of both ---
spouses, unless the law Q: Echiverri filed a petition to exclude Asistio from
allows the wife to have the permanent list of voters of Caloocan City on the
a separate domicile for ground that Asistio is not a resident of thereof as the
valid and compelling address stated in the latter’s Certificate of Candidacy
reasons. for Mayor in 2010 elections did not exist. In defense,
Asistio alleged that he mistakenly relied on the
If the marriage is valid address stated in the contract of lease with his
2. If there is legal
separation, the wife lessor. Should Asistio be excluded from the
can have her own permanent list of voters for failure to comply with
domicile of choice. the residency required by law?

3. If there is a separation A: NO. The residency requirement of a voter is at least

de facto, the wife can one year in the Philippines and at least six months in the
also have a separate place where the person intends to vote. Residence, as
domicile. used in the law pre-scribing the qualifications for
If the marriage is Apply the same rules suffrage and for elective office, is doctrinally settled to
 CONFLICT OF LAWS
mean domicile, importing not only an intention to reside 5. Marriage contracted by any party who, at the
in a fixed place but also personal presence in that place, time of the celebration, was psychologically
coupled with conduct indicative of such intention incapacitated to comply with the essential
inferable from a person’s acts, activities, and utterances.
marital obligations of marriage; (FC, Art. 36)
Domicile denotes a fixed permanent residence where,
when absent for business or pleasure, or for like reasons, 6. Incestuous marriage; (FC, Art. 37) and
one intends to return. In the consideration of 7. Void ab initio marriages for reasons of public
circumstances obtaining in each particular case, three policy. (FC, Art. 38)
rules must be borne in mind, namely: (1) that a person
must have a residence or domicile somewhere; (2) once Effect of laws, judgments promulgated or
established, it remains until a new one is acquired; and conventions agreed upon in a foreign country on
(3) that a person can have but one residence or domicile Philippine prohibitive laws
at a time.
GR: Prohibitive laws concerning persons, their acts, or
Asistio has always been a resident of Caloocan City for property and laws which have for their object public
more than 72 years. Asistio served in public office of order, public policy or good customs are not rendered
Caloocan City in 1992, 1995, 1998, 2004, and 2007. In all ineffective by laws, judgments promulgated or
of these occasions, Asistio cast his vote in the same city. conventions agreed upon in foreign country.
Taking these circumstances, it cannot be denied that
Asistio has qualified, and continues to qualify, as a voter XPN: Art. 26(2) of the FC on mixed marriages where the
of Caloocan city. There is no showing that he has foreigner obtained a divorce decree abroad and was
established, or that he had consciously and voluntarily thereby capacitated to remarry.
abandoned his residence in Caloocan City. Thus, he
should remain in the list of permanent voters of Even though divorce is not recognized in the Philippines
Caloocan City. (Luis Asistio v. Hon. Thelma Canlas as a mode of terminating marriage, still the marriage is
Trinidad-Pe Aguirre, G.R. No. 191124, April 27, 2010) terminated by virtue of a judgment of divorce and
issuance of a divorce decree by a foreign court.

FAMILY LAW AND PERSONAL CAPACITY Requirements for the application of Art. 26(2) of the
FC
Applicable Civil Code provisions
1. It must be a case of mixed marriage (one party
1. Laws relating to family rights and duties, or to is Filipino and the other is an alien);
the status, condition, and legal capacity of 2. The divorce must be obtained by the alien
persons are binding upon citizens of the spouse and not by the Filipino spouse; and
Philippines, even though living abroad; (NCC, 3. The divorce obtained by the alien spouse must
Art. 15) and capacitate him or her to remarry. (Rabuya,
2. All marriages solemnized outside the 2009)
Philippines in accordance with the laws in force
in the country where they were solemnized, Law that governs the validity of marriage in case of
and valid there as such, shall also be valid in mixed marriages
this country, except those prohibited under
Arts. 35(1), (4), (5) and (6), 36, 37, and 38. (FC, If the marriage is valid
Art. 26) under the national law of
one spouse while void
GR: Under Art. 26 of the FC, all marriages solemnized under the national law of
outside the Philippines in accordance with the laws in the other, the validity of
Marriage between a
force in the country where they were solemnized and the marriage should be
Filipino and foreigner
valid there as such, are also valid in the Philippines. upheld, unless the
ABROAD
marriage is universally
XPN: If the marriage is void under Philippine law, then incestuous or highly
marriage is void even if it is valid in the country where immoral (the same rule as
the marriage was solemnized, viz: to foreigners who get
married abroad).
1. Those contracted by any party below 18 years The national law of the
of age even with the consent of parents or Marriage between a Filipino — Philippine law
Filipino and a should be followed —
guardians; [FC, Art. 35 (1)]
foreigner in the otherwise the country’s
2. Those bigamous or polygamous marriages not PHILIPPINES public policy would be
falling under Art. 41, FC; [FC, Art. 35 (4)] violated.
3. Those contracted through mistake of one Ipso facto becomes a
contracting party as to the identity of the other; Alien woman who Filipino citizen if she
[FC, Art. 35 (5)] marries a Filipino possesses none of the
4. Those subsequent marriages that are void husband disqualifications for
naturalization.
under Art. 53, FC; [FC, Art. 35 (6)]
Law that governs the personal relations of the Pledge,
spouses chattel
mortgage,
Lex situs Lex situs Lex situs
GR: The personal relations of the spouses are governed real estate
by the national law of the husband. mortgage,
antichresis
XPN: Change of nationalities of the spouses — governing
law. (NCC, Art. 15) Lex loci
voluntatis
Effects: Personal
Contract of Lex loci or
law of the
loan: mutuum celebrationis lex loci
1. If the spouses have the same nationality but parties
intentionis
they acquire a new nationality by their
common act – Their new national law will
govern their personal relations. Contract of
2. If the husband alone changes his nationality loan: Lex situs Lex situs Lex situs
after the marriage – The law of the last commodatum
common nationality of the spouses would
govern.
3. If the spouses retain their different Lease of
nationalities after the marriage – National service,
law of both spouses should govern. agency,
guaranty,
Lex loci
suretyship
Personal voluntatis
CONTRACTS Lex loci
law of the or
NOTE: Agency celebrationis
parties lex loci
The extrinsic or formal validity of contracts is to alienate or
intentionis
governed by lex loci celebrationis or lex loci contractus. encumber
(NCC, Art. 17) real property
is governed
Lex loci contractus by lex situs

It means “the law of the contract;” the law that governs

the intrinsic validity of a contract. Personal
Lex loci Lex loci
law of the
celebrationis voluntatis
It may be determined either through; parties

1. Lex voluntatis or the law specifically stipulated by Liability for loss, destruction,
the parties in their contract; or deterioration of goods in transit: law of
2. Lex intentionis or the law intended by the parties in destination of goods. (NCC, Art. 1753)
the absence of an express stipulation.
If COGSA applies, limitation on liability
Law that governs the validity of contracts applies, unless the shipper declares
Contract of value of goods and inserts such
Capacity transportatio declaration in the bill of lading.
Extrinsic Intrinsic
Contract of n or carriage
validity validity (render of
parties Contract for air transportation
services) (Warsaw Convention)
Barter, sale,
donation 1. The liability of the airline in case of
Lex situs Lex situs Lex situs death, injury to passengers, or loss or
damage to cargo is governed by
Lease of Warsaw Convention.
property:
Lex situs Lex situs Lex situs 2. If there was malice, gross negligence,
creates real
rights or bad faith, or improper
discrimination, carrier is liable for
damages beyond those limited by
Lease of Lex Warsaw Convention.
property: Personal voluntatis
Lex loci NOTE: If a contract involves encumbrance of property,
does not law of the or
celebrationis real or personal, apply lex situs. If personal contracts, law
create real parties lex loci
rights intentionis on contracts will apply.
 CONFLICT OF LAWS
Q: How can a will executed abroad be made effective
SUCCESSION in the Philippines?

Applicable Civil Code provisions A: A will made in a foreign country may be probated in
the Philippines after sufficient proof is presented
1. Real property as well as personal property is showing that the will was duly executed in the manner
subject to the law of the country where it is required by law and that the testator had capacity at the
situated. same time he executed the will.

However, intestate and testamentary ---

successions, both with respect to the order of
succession and to the amount of successional Evidence necessary for the allowance of wills
rights and to the intrinsic validity of probated outside the Philippines
testamentary provisions, shall be regulated by
the national law of the person whose 1. Due execution of the will in accordance with
succession is under consideration, whatever the foreign laws;
may be the nature of the property and 2. The testator has his domicile in the foreign
regardless of the country wherein said country and not in the Philippines;
property may be found. (NCC, Art. 16) 3. The will has bee admitted to probate in such
country;
NOTE: Capacity to succeed is governed by the 4. The fact that the foreign tribunal is a probate
national law of the decedent. (NCC, Art. 1039) court; and
5. The laws of the foreign country on procedure
2. The will of an alien who is abroad produces and allowance of wills. (Suntay v. Suntay, G.R.
effect in the Philippines if made with the No. 132524, December 29, 1998)
formalities prescribed by the law of the place in
which he resides, or according to the RENVOI
formalities observed in his country, or in
conformity with those which this Code A procedure whereby a jural matter presented is
prescribes. (NCC, Art. 816) referred by the conflict of laws rules of the forum to a
foreign state, the conflict of laws rules of which in turn
NOTE: Proof that the will conforms to the laws refers the matter back to the law of the forum (remission)
mentioned is imperative. (Salud Teodoro Vda. or a third state (transmission). (Coquia, 2000) Thus, it is
De Perez v. Hon. Tolete, G.R. No. 76714, June 2, clear that renvoi can arise only from conlict rules and not
1994) from internal rules.
---
3. A will made in the Philippines by a citizen or
subject of another country, which is executed in Q: What will the Court do if it is confronted with a
accordance with the law of the country of case with a “Renvoi” Problem?
which he is a citizen or subject, and which
might be proved and allowed by the law of his A:
own country, shall have the same effect as if
executed according to the laws of the 1. Reject the renvoi – If the conflict rules of the forum
Philippines. (NCC, Art. 817) refer later the case to the law of another state, it is
deemed to mean only the internal law of that state.
NOTE: Probate is an adjudication that the last Thus, the court will apply the foreign law. (Paras,
will and testament of a person was executed 1990)
with all the formalities required by law. It does
not pass upon the validity of the provisions of 2. Accept the renvoi – If the conflict rules of the forum
the will. The disallowance of a will being refer the case to the law of another state, it is
essentially procedural in character, the law of deemed to include the totality of the foreign law
the forum will govern the procedural matters. (internal law and conflict of law rules). Thus the
However, the court will look into the law of the court will recognize the referrance back and apply
foreign state where the suit was made as to the local law.
whether the extrinsic requirements in the
execution of the will have been complied with. 3. Follow the Theory of Desisment – Also referred to as
Mutual Disclaimer of Jurisdiction Theory. The forum
4. Joint wills executed by Filipinos in a foreign court, upon reference to another state’s law, sees
country shall not be valid in the Philippines, that such law is limited in application to its own
even though authorized by the laws of the nationals domiciled in its territory and has no
country where they may have been executed. provision for application to nationals domiciled
(NCC, Art. 819) outside of the territory. Hence the local court will
apply the local law.
---
NOTE: This has the same result as the acceptance of
 the renvoi doctrine but the forum court is to desist country?
applying the foreign law. (Ibid.)
A: YES. The law does not prohibit the probate of wills
4. Make use of the Foreign Court Theory – whatever the executed by foreigners abroad although the same have
foreign court will do respecting the case, the forum not as yet been probated and allowed in the countries of
court will do likewise. their execution.
---
Double Renvoi A foreign will can be given legal effects in our
jurisdiction. The Civil Code states that the will of an alien
It is what occurs when the local court, in adopting the who is abroad produces effect in the Philippines if made
foreign court theory, discovers that the foreign court in accordance with the formalities prescribed by the law
accepts the renvoi. (Sempio-diy, 2004) of the place where he resides, or according to the
formalities observed in his country. (Palaganas v.
Transmission Palaganas, G.R. No. 169144, January 26, 2011)

It is the process of applying the law of a foreign state REVOCATION OF WILLS

through the law of a second foreign state. It is not the
same as renvoi because renvoi involves two laws while Rules if a person dies testate
transmission involves three laws. (Paras, 1990)
1. If revocation takes place in the Philippines,
Renvoi v. Transmission whether the testator is domiciled in the
Philippines or in some other country, it is valid
Renvoi Transmission
if in accordance with Philippine laws.
Deals with 2 countries Deals with 3 or more 2. If revocation takes place outside the Philippines
countries by a testator domiciled in the Philippines, it is
valid when it is in accordance with the laws of
Deals with “referring Deals with “referring the Philippines.
back” across” or “transmitting” 3. Revocation done outside the Philippines, by a
testator who does not have his domicile in this
country, is valid when it is done according to
the:
---
a. Law of the place where the will was made;
or
Q: Linnie, an American citizen from Texas, died in the
b. Law of the place where the testator had his
Philippines, leaving certain properties therein and in
domicile at the time of revocation.
the U.S. In her will, she left her entire estate to her
husband, Charles but upon Charle’s death, the entire Rule if a person dies intestate
estate shall be turned over to her brother and sister.
Magno was appointed as the estate’s administratrix. Follow lex nationali or the law of the nationality of the
When Charles died, Magno was temporarily
decedent.
appointed as the administratrix of his estate. When
Charles’ will was later found, a petition for probate
was filed for the said will. Then, PCIB took over the CRIMES
administration of Charles’ estate. The two
administrators (PCIB and Magno) differed in the law Territoriality Principle
that must govern the settlement of Linnie’s estate.
What law shall apply Philippine law or Texas law? Penal laws and those of public security and safety shall
be obligatory upon all who live or sojourn in the
A: The SC remanded the case back to the lower court. Philippines, subject to the principles of international law
Both parties failed to adduce proof as to the law of Texas. and treaty stipulations. (NCC, Article 14)
Further, the SC held that for what the Texas law is on the
matter, is a question of fact to be resolved by the Extra-territoriality
evidence that would be presented in the probate court.
Penal statutes may find application even outside the
The SC, however, emphasized that Texas law at the time territorial jurisdiction of an enacting state pursuant to
of Linnie’s death is the law applicable. As to whether the treaty obligations and general principles of international
law of Texas refers the matter back to Philippine laws law. An example of extra-territoriality is Art. 2 of the
must be proven by evidence presented before the court. RPC.
(Philippine Commercial and Industrial Bank v. Hon.
Venicio Escolin, G.R. Nos. L-27860 and L-27896 March 29, ---
1974).
--- Q: May a Filipino convicted of a crime abroad serve
his sentence in the Philippines?
Q: Can a will executed by a foreigner abroad be
probated in the Philippines although it has not been A: NO. Under the territoriality principle, a crime is
previously probated and allowed in such foreign punishable only in the territorial jurisdiction where it
 CONFLICT OF LAWS
was committed. Allowing a Filipino convicted abroad to If the tort law of the Philippines embodies a social or
serve sentence in the Philippines will be tantamount to economic policy, then the law of the forum on torts shall
recognizing and enforcing a foreign judgment which is be applied.
penal in nature.
If the Philippines has no concern or interest in the
--- application of the internal law, and the other State has an
interest, apply the law of such State.
Protective Theory
NOTE: The state where an injury has occurred has
Any state whose national interests are adversely affected interest in compensating the injured party, while the
by the crime may protect itself by prosecuting and state where the tortfeasor acted has an interest in
punishing the offender. The Philippines adheres to this regulating the conduct of persons found in its territory.
theory to a limited extent.

States claim extraterritorial criminal jurisdiction to RECOGNITION AND ENFORCEMENT OF FOREIGN

punish crimes committed abroad which are prejudicial JUDGMENT
to their national security or vital interests, even where
the offenses are perpetrated by non-nationals. Recognition of foreign Enforcement of foreign
Jurisdiction is vested in the state whose national judgment judgment
interests are injured or national security compromised. The defendant or the The plaintiff or petitioner
respondent is presenting wants the court to
Universality Principle the foreign judgment positively carry out and
merely as a defense, on make effective the
A state has extraterritorial jurisdiction over all crimes the basis of res judicata. foreign judgment.
regardless of where they are committed or who
committed them, whether nationals or non-nationals.
Invokes merely the sense Implies an act of
This is, however, generally forbidden under international
of justice. sovereignty.
law. Jurisdiction is vested with the state which has
custody of offender who committed universal crimes
Needs no proceeding or Requires a separate
such as piracy, genocide, etc.
action but implies that action brought precisely
the same has already to make the foreign
Bigamy is punishable only when committed in the
been filed against the judgment effective.
Philippines
defendant who is
invoking the foreign
Our penal laws apply to all crimes committed within
judgment.
Philippine territory. Consequently, crimes committed
outside the territory of the Philippines are not within the
Recognition is a passive Enforcement is an active
jurisdiction of Philippine authorities to prosecute,
effect of foreign recognition and
subject only to certain exceptions. Because of this
judgment. implementation of the
principle, a criminal case for bigamy cannot be filed
foreign judgment from
against a Filipino who contracted a second or bigamous
the local court, rendering
marriages abroad.
the foreign judgment and
seeking its enforecement
by the sheriff on
TORTS accordance with the
Rules of Court.
GR: Lex loci delicti comissior the law of the place where
the tort was committed will govern. Requisites for recognition or enforcement of a
foreign judgment
Reason: The state where the social disturbance occurred
has the primary duty to redress the wrong and 1. The defendant must have been given
determine the effects of the injury; to compensate the reasonable notice and opportunity to be heard;
victim for the damage or injury suffered. 2. There is adequate proof of foreign judgment;
3. The foreign judgment must have disposed of
Obligation Theory the controversy on the merits and must be res
judicata, i.e., judgment on the merits is final,
The tortiuous act gives rise to an obligation, which is issued by a foreign court having jurisdiction
transitory and follows the person committing the over the subject matter and parties, and there
tortiuous act and may be enforced wherever he may be was identity of parties, subject matter, and the
found. (Coquia, 2000) cause of action;
4. It must not be barred by prescription both in
Philippine conflict rules on tort problems the state where it was promulgated and where
it is sought to be enforced;
5. If it is for a sum of money, it must be fixed;
 6. It must not be contrary to the public policy or appointed liquidators terminated the legal services of
good morals of the country where it is to be private respondent Picazo Law Office and engaged in its
enforced; stead petitioner Quasha Law Office to be the duly
7. It must not have been obtained by fraud, authorized counsel of petitioner LIRL. What is involved
collusion, mistake of fact or law; is the prerogative of petitioner LIRL, through its duly
8. It must be a judgment in civil or commercial authorized representative — which, in this case, is its
matters, including questions of status, not on a appointed liquidators — to terminate and engage the
criminal, revenue, or administrative matter; services of a counsel, which is an internal affair that
and requires no prior recognition in a separate action.
9. The state where it was obtained allows (Quasha Ancheta Pea et al v. the Special Sixth Division of
recognition or enforcement of Philippine the Court of Appeals, GR No. 182013, December 4, 2009)
judgments.
---
Effects of a final judgment or order of a foreign
tribunal or court sought to be enforced in Philippine Q: Does the second paragraph of Article 26 of the
Courts Family Code extend to aliens the right to petition for
the recognition of a foreign divorce decree?
1. In case the judgment is upon a specific thing, the
judgment or final order is conclusive upon the title A: YES. While the general rule is that the alien spouse
to the thing; and can claim no right under the second paragraph of Art. 26
2. In case it is against a person, the judgment or final of the FC as the substantive right it establishes is in favor
order is presumptive evidence of a right as between of the Filipino spouse, the foreign divorce decree is
the parties and their successors in interest by a presumptive evidence of a right that clothes the party
subsequent title. with legal interest to petition for its recognition in this
jurisdiction. Divorce obtained by an alien abroad may be
NOTE: In either case, the judgment or final order may be recognized in the Philippines, provided the divorce is
repelled by evidence of want of jurisdiction, want of valid according to his or her national law. The foreign
notice to a party, collusion, fraud or clear mistake of law divorce decree itself, after its authenticity and
or fact. (ROC, Rule 39, Sec. 48) conformity with the alien’s national law have been duly
proven according to our rules of evidence, serves as a
--- presumptive evidence of right in favor of Gerbert,
pursuant to Sec. 48, Rule 39 of the ROC which provides
Q: The Special Sixth Division of the Court of Appeals for the effect of foreign judgments.
refused to recognize the Entry of Appearance of Quasha
Law Office as the new counsel of Legend International ---
Resorts, Limited (LIRL). It said that the appointment of
LIRL’s joint and several liquidators were made pursuant Ruling with regard to the annotation of decree on
to an Order of the Hong Kong Court. Since it was a marriage certificate
foreign judgment, Philippine Courts could not take
judicial notice thereof as the final orders of foreign While the law requires the entry of the divorce decree in
tribunals could only be enforced in the Philippines after the civil registry, the law and the sub-mission of the
appropriate proceedings. The CA concluded that it was decree by themselves do not ipso facto authorize the
only Picazo Law Office is the only counsel entitled to decree’s registration. The law should be read in relation
represent and file pleadings for and on behalf of with the requirement of a judicial recognition of the
petitioner LIRL. Quasha Law Office and LIRL then filed a foreign judgment before it can be given res judicata
special civil action for Certiorari under Rule 65 seeking effect. In the context of the present case, no judicial order
to reverse and set aside on the ground of grave abuse of as yet exists recognizing the foreign divorce decree.
discretion amounting to lack or excess of jurisdiction the Thus, the Pasig City Civil Registry Office acted totally out
Special Sixth Division of the CA. Did the special CA of turn and without authority of law when it annotated
Division gravely abuse its discretion in considering the the Canadian divorce decree on Gerbert and Daisylyn’s
Orders of the HongKong Court appointing liquidators for marriage certificate, on the strength alone of the foreign
LIRL involved enforcement and recognition of a foreign decree presented by Gerbert. For being contrary to law,
judgment? the registration of the foreign divorce decree without the
requisite judicial recognition is patently void and cannot
A: NO. It has already been settled in the aforesaid two produce any legal effect. (Corpuz v. Sto. Tomas and the
Decisions that the Orders of the Hong Kong Court Solicitor General, G.R. No. 186571, August 11, 2010)
appointing liquidators for petitioner LIRL did not involve
the enforcement of a foreign judgment. The act of
terminating the legal services of private respondent
Picazo Law Office and engaging in its place petitioner
Quasha Law Office was a mere exercise of petitioner
LIRLs prerogative, through its appointed liquidators,
which was an internal affair that required no prior
recognition in a separate action. There was no
enforcement of a foreign judgment when one of the