COR JESU LAW SCHOOL

Digos City, Davao del Sur

CONFLICT OF LAWS
MID-TERM EXAMINATION
SY 2020-2021

ATTY. JOSEPH R. PEŇAS, CPA

Professor

Each question is equivalent to 10 points each.

GOOD LUCK

1. In 1985, Social and Dista, both filipino citizens, were married in the Philippines. In
1987, they separated, and Social went to Canada, where he obtained a divorce in
the same year. He then married another Filipina, Auring, in Canada on January 1,
1988. They had two sons, James and John. In 1990, after failing to hear from Social,
Dista married Rolly, by whom she had a daughter, Verna. In 1991, Social visited the
Philippines where he succumbed to heart attacked. Discuss the effect of the divorce
obtained by Social and Dista in Canada.

The divorce obtained by Social and Dista will not be recognized by our Court.

Jurisprudence provides that for the Philippine courts to recognize and give
recognition to a foreign decree of absolute divorce between Filipino citizens
could be a violation of the declared public policy of the state, especially in view
of the third paragraph of Article 17 of the Civil Code.

In this case, since Social and Dista were both Filipino citizens at the time that they
obtained divorce in Canada, it follows that the said divorce decree cannot be
recognized by our Courts.

2. PH and LV are Hongkong Chinese. Their parents are now Filipino Citizens who live in
Manila. While still students in MALAY state, they got married although they are first
cousins. It appears that both in Hongkong and in Malay state, first cousins could
marry legally. They plan to reside and set up business in the Philippines. But they
have been informed, however, that the marriage of first cousins here is considered
void ab initio by reason of public policy. They are in a dilemma. They don’t want to
break Philippine law, much less their marriage vows. They seek your advice on
whether their civil status will be affected by Philippine domestic law? What is your
advice?
 I will advise PH and VL that Philippines gives credit to marriages celebrated
abroad. That their marriage can be recognized by our courts so long as they
complied with the requirements both of Hongkong and MALAY

In this case, since Hongkong allows first cousins to get married subsequently PH
and LV are validly married in accordance with the laws of Hongkong.

And if PH and LV wants to reside in the Philippines for them to set up businesses
they may still retain their nationality and be resident aliens. Hence,our law shall not affect
their status.

3. A Filipino couple, Mr and Mrs. BMW Jr., decided to adopt YV, an orphan from JRP
orphanage in New York City. They loved and treated her like a legitimate child for
they have none of their own. However, BMW Jr. died in an accident at sea, followed
to the grave a year later by his sick father, BMW Sr.. Each left a sizeable estate
consisting of bank deposits, lands and building in Manila. May the adopted child YV
inherit from BMW Jr.? May she also inherit from BMW Sr.?

Yes. The adopted child YV may inherit from BMW Jr.

Under the law on adoption, and adopted child is given the same right as that of a
legitimate chid. Moreover, the Civil Code provides that a legitimate child has the right to
inherit from his parents and vice versa. YV having been legally adopted by Mr. and Mrs
BMW has the right to inherit from the latter.
But, in the case of YV’s right to inherit from BMW Sr. is prohibited under the law
because it only creates the legal relationship of the adoptee and the adopted which
cannot be extended with that of the adoptee’s parents.
In the case at bar, the relationship created by law is only limited between the
adoptee and the adopted. Therefore, YV cannot inherit from BMW Sr.

4. Greg and Jean, Filipinos, met and got married in England while both were taking up
post-graduate courses there. A few years after their graduation, they decided to
annul their marriage. Jean filed an action to annul her marriage to Greg in England
on the ground of the latter’s sterility, a ground for annulment of marriage in
England. The English court decreed the marriage annulled. Returning to the
Philippines, Greg asked you whether or not he would now be free to marry his
former girlfriend. What would your legal advice be?

No. The annulment will not be recognized in the Philippines.

 Under Article 15 of the Family Code it provides, that laws relating to family rights,
duties or to the status of the person are binding upon the citizen of the Philippines
even though they live abroad. In case of marriages solemnized abroad, the law of
the country may be considered in determining the formal validity of the marriage.

In this case, England’s law may be considered in determining the validity but only as
to its form. Nonetheless, since both of them are Filipino citizens, the Philippine law
will still govern. Thus, sterility there being not a ground for annulment of marriage in
our jurisdiction will not be considered a valid ground for annulment.

5. Leila, a former Filipina who became an American citizen shortly after her marriage to
an American husband, would like to adopt in the Philippines, jointly with her
husband, one of her minor brothers. Assuming that all the required consents have
been obtained, could the contemplated joint adoption in the Philippines prosper?

Yes, the joint adoption shall prosper.

Under the Inter-Country Adoption Act, it specially provides that it allows inter-
country adoption to alien only if it shown that the same is for the best interests of
the child. As long as the requirements set forth by law is followed, the adoption is
allowed. As it is always es the interest and welfare of the child to be adopted should
be the paramount consideration.

In this case, for as long as the requirements provided for under the law on Inter-
Country Adoption is complied with the joint adoption shall be allowed under our
laws.

6. Alex was born a Filipino but was naturalized Canadian citizen at the time of his death
on December 25, 1998. He left behind a last will and testament in which he
bequeath all his properties, real and personal, in the Philippines to his acknowledged
illegitimate Filipina daughter and nothing to his two legitimate Filipino sons. The
sons sought the annulment of the last will and testament on the ground that it
deprived them of their legitimes but the daughter was able to prove that there was
no compulsory heirs or legitimes under Canadian law. Who should prevail and Why?

The illegitimate Filipina daughter should prevail.

Although Under Art 16 of the New Civil Code, provides that real property as well
as personal property is governed by the law of the country where it is situated,
it, nonetheless, provides that in cases of intestate and testamentary succession
 with respect to the order of succession and amount of successional rights it shall
be governed by the national law of the person whose succession is under
consideration

In this case, although the properties are situated here in the Philippine but since
Alex was already a naturalized Canadian Citizen, what will govern is the law of
Canada since we are now talking the deceased intestate and testamentary rights.
Hence, the will made to the daughter is valid and binding as to the laws of the
Philippines.

7. A German couple filed a petition for adoption of a minor Filipino child with the
Regional Trial Court of Makati under the provisions of PD 603, popularly known as
the Child and Youth Welfare Code which allowed aliens to adopt. Before the petition
could be heard, the FAMILY CODE which repealed the Child and Youth Welfare Code,
came into effect. Consequently, the Solicitor General filed a motion to dismiss the
petition, on the ground that the Family Code prohibits aliens from adopting. If you
were the judge, how will you rule on the motion?

I will deny the Solicitor General’s motion

Jurisprudence provides, that an alien is qualified to adopt under the Child and
Youth Welfare Code, which was the law in force at the time of the filing of the petition.
In this case, the enactment of the Family Code before the hearing should not
impair the right of the German couple to adopt a minor child in accordance with PD 603
and shall take its effect at the time of the filling for petition for adoption.
8. Rodrigo, a Filipino and his American wife Hillary, executed a joint will in Boston,
Massachusetts when they were residing in said city. The law of Masschusetts allows
the execution of joint wills. Shortly thereafter, Hillary died. Can the said Will be
probated in the Philippines for the settlement of her estate?

Yes, the will may be probated in the Philippines insofar as the estate of Hillary is concerned.
As a rule the Civil Code prohibits the execution of Joint wills here and abroad, such prohibition
applies only to Filipinos.

In the case at bar, the joint will is considered valid with respect to Hillary who is an American
Citizen. However, it is void with respect to Rodrigo who is a Filipino hence the joint will remains
void in the Philippines despite being valid where it was executed this is on the ground of public
policy.

9. Josefino is a Filipino citizen residing in Tokyo, Japan. State what laws govern:

a). His capacity to contract marriage in Japan;

As to his capacity to contract marriage it is the Philippine law which shall govern
the capacity to contract marriage in Japan. As provided forin article 15, laws relating to
family rights are binding upon citizens of the Philippines.
b). His successional rights as regards his deceased Filipino father’s property in Texas,
USA;

As to Josefino’s successional rights it shall be governed by Philippine laws. As

provided in Art. 16, amount of successional rights are governed by the national law of
the person whose succession is under consideration
c). The extrinsic validity of the last will and testament which Josefino executed while
sojourning in Switzerland; and
As to the Extrinsic validity of Josefino's will it shall be governed by either Swiss
law or the Philippine law. As provided under Art., 17 of the New Civil Code the forms
and solemnities of wills shall be governed by the laws of the country which they are
executed.
d). The intrinsic validity of said will.

The intrinsic validity of Josefino's will shall be governed by Philippine laws

specifically the Art. 16 of the New Civil Code which provides that, intrinsic validity of
wills shall be governed by the national law of the person whose succession is under
consideration.

10. Donald, a Filipino, executed a will in Kuwait while there as a contract worker.
Assume that under the laws of Kuwait, it is enough that the testator affix his
signature in the presence of two witnesses and that the will need not be
acknowledged before a notary public, May the will be probated in the Philippines?

Yes, the will may be probated in the Philippines.

 Under the New Civil Code, it provides that forms and solemnities of contracts, wills,
and other public instruments shall be governed by the laws of the country in which they
are executed. This refers to the extrinsic validity of the wills.
Further the civil code provides that when a Filipino is in a foreign country he is
allowed to make a will in the forms established by the law of the country in which he
may be and the same may be probated in the Philippines

In this case, Donald may then validly execute a will in accordance to the formalities
of Kuwait and have it probated in the Philippine