CONFLICTS

OF LAW
Reviewer • IMPORTANCE:
PARAS, 1990, 1996 1. To adjust conflicting rights in international,
mercantile and corporate transactions; and
CHAPTER 1 2. To solve personal, family, property and
successional, contractual problems, possessed of
• PHILIPPINE PRIVATE INTERNATIONAL LAW or facts or elements operating in two or mote states.
CONFLICT OF LAWS – any case which involves
facts occurring in more than one state or nation, • BASIC CAUSE FOR COL: ‘Variance’ in the municipal
so that in deciding the case, it is necessary to make laws of the countries involved.
a choice between the laws of the different state
or countries; presented whenever a legal • EXAMPLES OF DIVERSITY IN LAWS AND
controversy arises in which there is a foreign INTERPRETATIONS
element (H.F. Goodrich)
• DEFINITION: [pdcw]That part of the municipal law ORAL WILL
of a state, which directs its courts and - Not allowed in PH but allowed in US.
administrative agencies, when confronted with a MARRIAGE
legal problem involving a foreign element, - PH – monogamy; Muslim countries –
whether or not they should apply a foreign law or polygamy.
foreign laws. - PH allows articulo mortis but not mortis
causa.
o ELEMENTS: - PH does not recognize divorce; US allows it.
1. It is a part of the municipal law of a state;
- not international in character; but refers to a • SCOPE OF FUNCTIONS
given problem with a foreign element. 1. Determines of which country has jurisdiction;
2. There is a directive to courts and administrative 2. (Choice of Law): Applicability to a particular case
agencies; of either the local or foreign law;
- Admin. Agencies include DFA, Bureau of 3. (Applicability of the foreign judgment):
Immigration, Securities and Exchange Determines the force, validity and effectiveness of
Commission, and the like. a foreign judgment.
3. There is a legal problem involving foreign element;
- In which case, the courts must look beyond its • HOW COL IS OBSERVED:
own internal law 1. States must harmonize their own rule of equity
4. There is either an application or a non-application with the legislation and jurisprudence in other
of a foreign law(s). lands.
- Refers not only to the laws of foreign states 2. Individuals must not evade our laws by going
but also the law of political subdivisions which elsewhere and resorting to a foreign forum.
have their own legal system.
Art. 71 of the Civil Code provides that incestuous
• In recognizing foreign legal system, do we implicitly marriages, even if valid in the place of celebration,
admit the inadequacy of our own jurisprudence? cannot be countenanced in this country.

NO. The very essence of a sovereign state is that it has no • CONFLICT OF LAWS vs LAW OF NATIONS
superior. Each sovereign state is supreme within its own
limits. It is therefore within the power of such state to Private International Law Public International Law
exclude at any time any or all foreign laws from operating (Conflict of Laws) (Law of Nations)
within its borders. Hence, when effect is given to a foreign As to NATURE or CHARACTER
law, it is only because the municipal law of that state International in Character National, Municipal, or
‘temporarily abdicates’ its supreme authority in favor of local in character
the foreign law, which for the time being, becomes itself, As to PERSONS Involved
by will of the state, its municipal law.
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Private Individuals or States, international i. Lex situs = law of the place where the
corporations organizations property is situated
As to TRANSACTIONS Involved ii. Lex loci celebrationis = law of the place
Private transactions Generally affect public of celebration or execution (formalities
interest; in which or solemnities)
sovereign states are iii. Either lex nationalii (adopted in PH) or
interested lex domicilli = national law or the
As to REMEDIES or SANCTIONS domiciliary law (successional rights to
Resort to municipal Resort may be peaceful an estate)
tribunals (diplomatic negotiation, iv. In Criminal Law: Principle of
mediation, arbitration, Territoriality (jurisdiction is where a
judicial settlement by ICJ), crime has been omitted) and Principle
or by forcible remedies of Generality (bind both citizens and
(severance of diplomatic aliens who are in the said country or
relations, reprisals, territory; upon all who live or sojourn in
embargo, boycott, pacific Philippine territory: Art. 14 of Civil
blockade, war Code)
• EXCEPTIONS TO PRINCIPLE OF
o DUALIST vs MONIST School of Thought GENERALITY:
1. Principles of Public
MONISM DUALISM International Law (i.e.
International law and (pluralist theory, based on diplomatic immunity)
domestic law belong to positivism) domestic and 2. Treaty stipulations (i.e.
only one system of law international law are two grant of bases which is a
with international law different spheres of law. waiver of jurisdiction
considered as superior to They would favor state within the terms
domestic law law. “necessary
appurtenances…and
o May overlap: rights incident thereto.”
§ If State A should recognize the government v. Agreement vs Treaty (by De
of State B, the latter is given permission to Leon, pp. 21)
sue in the courts of the former.
§ But a sovereign state, whether recognized 2. Indirect
or not, cannot be made a defendant in a a. Natural Moral Law – rule of human conduct
foreign country. This is in line with the implanted by God in our nature and in our
“State Immunity from Suit.” Because aside conscience urging us to do what is right and
from the fact that it is an insult against a avoid what is evil.
sovereign state, how can the judgment ever b. Work of Writers – writings that have influence
be effectively enforced? judicial decisions on the subject.
§ Donald Baer Commander US Naval Base vs
Hon. Tito Tizon

• SOURCES
1. Direct CHAPTER 2 (JURISDICTION)
a. Constitutions What the Tribunals of the Forum Must Do
b. Codifications
c. Special laws • Alternatives Given to the Court
d. Treaties and conventions 1. When without jurisdiction – dismiss the case;
e. Judicial decisions 2. When with jurisdiction:
f. International customs a. Refuse to assume jurisdiction on the
ground of “forum non conveniens;” or
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b. Assume jurisdiction, in which case it may o Immaterial whether the business is doing illegal
either: or not
i. Apply the internal law of the - On its resident agent
forum (lex fori); or - On the government official designated by law
- Or any of its officers or agents within the Philippines
ii. Apply the proper foreign law (lex

causae)

• Question of Jurisdiction • Principle of Continuing Jurisdiction
• Jurisdiction – the authority of a tribunal to hear - Even if the defendant leaves the state of the forum
and decide a case, as well as its power to prior to the final determination of the suit, the
enforce any judgment it may render thereon. jurisdiction that had been previously acquired over him
continues.
• KINDS OF JURISDICTION:
1. Over the SUBJECT MATTER (conferred by laws; REFUSAL TO ASSUME JURISDICTION: forum non
authority of a court to head and decide cases of conveniens
the general class to which the proceedings in - Reason often given for refusal to assume jurisdiction is
question belong) that to do so would prove ‘inconvenient’ for the forum:
“Forum non conveniens” or the court’s discretionary

power to decline the exercise of its jurisdiction where
2. Over the PERSON (binding on the parties involved: another court may more conveniently hear a case.
plaintiff –acquired from the moment he instituted
the action; and defendant- acquired by: Instances where forum non conveniens may be invoked:
F E Ni C O
(1) voluntary appearance even through by motion or 1. The evidence and the witnesses may not be readily
simple manifestation of appearance except if the available;
purpose us to question the jurisdiction of the court over
2. The court dockets of the forum may already be
his person;
clogged;

3. Where “forum shopping” is ought to be curbed;
(2) by service of summons which may either be
4. The forum has no particular interest in the case (parties
through personal service – serving a copy to the may neither be citizens or residents; subject matter
defendant in person or by tendering it to him if he occurred elsewhere; cause of action not related to the
refuses to receive it, or through substituted service – if forum)
defendant cannot be served within a reasonable time);
5. When other courts are open; the case may be better

tried in said courts.
(3) by summons by publication – if the action is in rem

or quasi in rem or if it involves the personal status of
the plaintiff.
Note: The doctrine should generally apply only if the
defendant is a corporation. If the defendant is an
Action In Rem Action In Personam individual, the proper forum might not acquire jurisdiction
Directed against Directed against a over him (i.e. he may not be residing there), leaving
the thing itself particular person(s) plaintiff without any remedy.
Binding upon the Binding only between
whole world and among the parties Application of the Principle:
in the case 1. If neither the plaintiff nor the defendant, nor the cause
of the action is related to the forum;
3. Over the RES (“particular” subject matter i.e. real 2. In the interest of justice, where the suit is between
property; may be acquired by coercive seizure of aliens or non-residents, or where the litigation can
the property by attachment proceedings) more appropriately be conducted in a foreign tribunal.

• How Service is Made on a Private Foreign ILLUSTRATION: Heine vs New York Insurance Co.
Corporation (Rule 14, Sec. 12)
o Corporation must be doing business in the FACTS: German citizens brought insurance claims against the
New York Life Insurance Company, a NY based corporation,
Philippines and not engaged merely on isolated
issued in Germany before the Oregon Court in USA.
transaction
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Filipino marries a foreign woman, their
ISSUE: WON Oregon court may refuse to take cognizance of the property relations will be absolute community
case on the ground of forum non conveniens. of property. But if a Filipina woman marries a
foreign man, the property relations shall be
HELD: YES. To require it to defend the action would impose governed depending on the national laws of
upon it great and unnecessary inconvenience and expense, and the husband.
probably compel them to produce numerous records from iv. Art. 829 (revocation of wills)
Oregon to miles away from its home office. Also, it would
consume months to try to dispose of the case. 2. When the proper foreign law (lex causae) has not
been properly pleaded and proved;
ASSUMPTION OF JURISDICTION = there is no judicial notice of any foreign law.
When jurisdiction is assumed, the forum may either apply • If not properly pleaded and proved, our courts
lex fori or the lex causae. will presume that the foreign law is the same as
our local or domestic or internal law.
• Application of the Internal or Domestic Law (Lex
Fori): E N E C – P P A R • Proof of Foreign Law
o If it is WRITTEN, it may be proved by an (1)
1. When the law of the forum expressly so provides official publication thereof; or (2) a copy
in its conflicts rules; of such accompanied with a certificate
i. Art. 16, par. 1 (mandates the application of issued by an officer having the custody of
lex situs or lex res sitae to all properties, the record.
whether real or personal, found and located o If UNWRITTEN, it may be proved by (1)
here) - property transactions oral testimony of expert witness; or (2) by
ii. Art. 16, par. 2 (order and mount of printed and published books of reports or
successional rights, intrinsic validity of decisions of the country involved.
testamentary provisions, and capacity to
succeed). Hence, when a Filipino father 3. When the case involves any of the exceptions to
with a Chinese child dies, the estate of the the application of the lex causae (exceptions to
father shall be distributed in accordance ‘comity’):
with the Philippine law because the
deceased is a Filipino national. a. When the foreign law, judgment, or
iii. Art. 80 (property relations of marriage) – contract is contrary to a sound and
“In the absence of contrary stipulation in a established public policy of the forum;
marriage settlement, the property relations
of the spouses shall be governed by Ex: incestuous marriage, joint will.
Philippine laws, regardless of the place of
the celebration of the marriage and their • Public Policy – the manifest will of a state.
residence except (1) where both spouses
• Contrary to Public Policy – when we already have
are aliens, (2) with respect to the extrinsic
a conflicts rule or a rule governing a situation
validity of contracts affecting property not
where a foreign element is involved)
situated in PH and executed in the country
• NOTE: While foreign law may be contrary to our
where the property is located, (3) with
law, it is not necessarily contrary to our public
respect to the extrinsic validity of contracts
policy.
entered into in the Philippines but affecting

the property situated outside the country
• EXAMPLES:
whose laws require different formalities for

its extrinsic validity. Examples:
Ø American dies, leaving properties in PH. He gave
o The matrimonial property regime is governed
by the national law of the husband, not by the nothing to his children in his will. Can his will be
location of the property. In PH, the presumed given effect in PH despite the PH policy to grant
matrimonial property relations shall be the children their legitimes?
‘absolute community of property.’ Hence, if a

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Yes. Art. 16 (2) of the Civil Code (a conflicts of rule) d. When the case involves penal laws, contracts,
provides that successional rights are governed by the judgments;
‘national law’ of the deceased.
PENAL LAWS, CONTRACTS, JUDGMENTS = criminal laws; if
Ø May an absolute divorce be obtained abroad by the purpose of penalty is to ‘remedy an act of injustice
Filipinos be given effect in the Philippines? against the general public’

NO. Art. 15 of the Civil Code provides that ‘laws relating to EXAMPLES:
family rights and duties, or to the status, condition, and i. CRIMINAL STATUTES
legal capacity of persons are binding upon citizens of the
Philippines, even though living abroad” Frd – S – C - L A Filipino murders a friend in New York.

Ø May marriage between first cousins in California, He cannot be prosecuted in the Philippines but by the laws
where it is valid, be recognized in the Philippines? of New York. This is based on principle of territoriality.

NO. Art. 71 of the Civil Code provides that ‘All marriages ii. CONTRACTS WITH PENALTY CLAUSE
performed outside the Philippines in accordance with the
laws in force in the country where they were performed A enters into a contract with B in New York. It stipulates that in the event
of default, forfeiture of any advance payment would ensue. May the
and valid there as such, shall also be valid in this country,
‘penalty clause’ be enforced in PH?
except bigamous, polygamous, or incestuous marriages

as determined by Philippine laws.
YES. Because ‘penalty clause’ should not be considered a

penalty.
Ø May the marriage between a Filipino step brother

and his Filipina step sister in California (valid there)
e. When the case involves purely fiscal (revenue-
be recognized in Philippines?
producing) or administrative matters;
A State should not be burdened with the task of implementing the
YES. For the simple reason that it is not bigamous, polygamous, or financing activities of other countries. Thus, if Filipino is assessed for
incestuous. Statues which restrict natural rights, such as the right to his income tax in New York and he decides to abandon his liability there
marry must be construed restrictively or strictly. What the law does not and comes back to PH to escape from the New York tax, NY cannot
include, it excludes. Inclusio union, exclusion est alterius. Thus, if a successfully sue him in our courts for said liability. After all, a tax liability
marriage does not fall under the enumerated exceptions, it should ‘does not arise from a contract entered into with the government
come under the general rule. Furthermore, Art. 71, which is our only concerned: it is a unilateral demand, a legal imposition which can be
law on foreign marriages are ‘merely general provisions.’ It is well successfully enforced only within the territorial jurisdiction of the
known that in case of conflict between general and particular foreign state.
provisions, the particular provisions should prevail.
Similarly with administrative codes of alien governments, we cannot be
b. When the foreign law…is contrary to almost expected to assist in the implementation of foreign governmental
universally conceded principles of morality functions.
(contra bonos mores);
f. When the application of the foreign law,
Example: prostitution judgment, or contract, may work undeniable
c. When the foreign law…involves procedural justice to the citizens or residents of the forum;
matters;
Prevailing circumstances should naturally determine the
BASIS: There are no vested rights in the rules of procedure; justness of a claim.
one must take the procedural formalities of a forum in
the state in which he finds them. g. When the application of the foreign law… may
work against the vital interests and national
EXAMPLES: security of the state of the forum;
An American, used to ‘trials by jury’ in the US cannot insist on a jury trial
in the Philippines in case he is accused of a crime he committed in our h. When the case involves real or personal property
country. situated in the forum.

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• Instances Exempting the Application of Internal court. The American found the French
or Domestic Law to Conflict of Laws: judgment to be final.

1. A foreign sovereignty, diplomatic official, or public “Comity rests, not on the basis of
vessel or property of another state is involved; reciprocity but upon the
2. The state accepted a limitation upon its persuasiveness of the foreign
jurisdiction over certain persons or things of judgment.”
another State through a treaty;
3. Foreign law has been pleaded and proved. (Rule • Note: A foreign final judgment “is presumptive
132, Sec. 25, ROC). evidence of a right as between the parties and
their successors in interest by subsequent title”
and may be repelled by evidence of want of
jurisdiction, want of notice to the party, collusion,
CHAPTER III – CHOICE OF LAW fraud, or clear mistake of law or fact.”
Theories on Why the Foreign Law May in Some Cases Be
Given Effect C V L - H R J 2. Theory of Vested Rights – Here we seek to
enforce not the foreign law itself but the ‘rights
1. Theory of Comity – we apply foreign law because that have been vested’ under such foreign law; a
of its ‘convenience’ and because we want to give right having been created by an appropriate law,
‘protection’ to our citizens, residents, and the recognition of its existence follows
transients in our land. everywhere.
- Being voluntary and not obligatory, rests in the - BASIS: PRINCIPLE OF TERRITORIALITY.
discretion of the tribunals of the forum and is
governed by certain more or less recognized rules. LOUCKS vs STANDARD OIL CO.: A NY resident was
killed in Massachusetts through reckless
• 2 KINDS:
imprudence of the defendant’s driver. A suit was
i. (Based on) reciprocity – “If the laws and
ensued in New York to “recover damages” on the
judgments of the forum are recognized in basis of a Massachusetts statute granting monetary
a foreign state, the forum will in turn award in a case like this. Defendant alleges that NY
recognize the laws and judgments law cannot apply the Massachusetts law.
emanating from the said state.”
“Massachusetts law can be applied not necessarily
HILTON vs GUYOT: American Court cannot because it will be applied in NY but because the
enforce the French judgment which was vested right created under MSCTS law should be
against an American national despite that recognized in NY. The fundamental policy is that
the American court deemed the French there shall be some atonement for the wrong.
trial as fair and impartial on the ground
that the French tribunals do not regard 3. Theory of Local Law – Foreign law is applied not
American decisions with finality; applying because it is foreign, but because ‘our own laws
the principle of RECIPROCITY. require us to do so’ i.e. when a foreign law has
become part and parcel of our own local law.
ii. (Based on) persuasiveness – If the forum is
persuaded that a foreign judgment is 4. Theory of Harmony Laws – so that wherever a
meritorious and has been rendered by a case is decided irrespective of the forum, the
court of competent jurisdiction, it will solution should be approximately the same;
enforce that judgment in the forum even “identical problems must have identical solutions
if the forum does not reciprocate. anywhere.”

JOHNSTON vs COMPANIE GENERALE
5. Theory of Justice – the purpose of all laws is the
TRANSATIANTIQUE: An American sued a
dispensing of justice; if this can be attained by
French corporation. Judgment was
rendered in favor of the corporation. applying the proper foreign law, we must do so.
American tried again but in the American

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6. Right Theory – the theories adverted to do not
mutually exclude one another.
CHAPTER V

COLLATERAL MATTERS NATURE AND COMPOSITION OF CONFLICT RULES

1. nature and proof of foreign judgments
CONFLICT RULES (RULES OF PRIVATE INTERNATIONAL LAW) – provisions in a
2. nature and composition of the conflicts rules country’s own law which covers a factual situation with a foreign element.
3. characterization or classification of conflict rules
Kinds of Conflict Rules:
and judgments 1. ONE-SIDED (Philippine Internal Law applies)
4. various theories on status and capacity
5. The Problem of the Renvoi. EXAMPLES:

Art. 15. “Laws relating to family rights and duties, or the status, condition,
and the legal capacity of persons are binding upon the citizens of the
Philippines, even though living abroad”


2. ALL-SIDED (indicates when foreign law is to be applied)
CHAPTER IV
Art. 16. “Intestate and testamentary successions (order of succession,
NATURE AND PROOF OF FOREIGN JUDGMENTS amount of successional rights, and intrinsic validity of testamentary
provisions) shall be regulated under the national law of the person whose
succession is under consideration, whatever may be the nature of the
NATURE – A foreign judgment does not of itself have any
property and regardless where said property may be found.”
extra-territorial application. It may only be applied within the
territory of the tribunal using it. 3. OTHERS
For it to be effective in PH, it must be proved in accordance to
Art. 815: “When a Filipino is in a foreign country, he is authorized to make
our rules.
a will in any of the forms established by the law of the country in which
he may be. Such will may be probated in the Philippines.” –place of
RECOGNITION vs ENFORCEMENT execution / lex loci celebrationis
Recognition – our courts will allow said foreign judgment to be
Art. 1039: “Capacity to succeed is governed by the nation of the
presented as a defense to a local litigation
decedent.” – law of nationality
- Merely the sense of justice
- Does not require special action or special proceeding Art. 1753: “The law of the country to which the goods are to be
Enforcement – exists when a plaintiff wants the courts to carry out and transported shall govern the liability of the common carrier for their loss,
make effective in the Philippines a foreign judgment. destruction, or deterioration.
- Implies a direct act of sovereignty
- Needs a separate action or proceeding to make the foreign Art. 26. “A marriage celebrated abroad is VALID in the place of
judgment effective celebration, EXCEPT when the marriage is bigamous polygamous, or
incestuous. – lex loci celebrationis
- Necessarily carries with it recognition

• BOTH REQUIRES PROOF OF FOREIGN JUDGMENT.

REQUISITES FOR RECOGNITION OR ENFORECMENT OF

FOREIGN JUDGMENT (P J C C R)
1. Proof of foreign judgment CHAPTER VI – CHARACTERIZATION OF CONFLICTS
2. Judgment must be civil or commercial matter RULE
3. Proper jurisdiction, notice (no collusion, extrinsic fraud, or clear
mistake of fact or law);

4. Judgment must not contravene a sound public policy CHARACTERIZATION
- The process of determining under what category a certain set of facts fall
- unfaithful mother, awarded by a US court custody of her

child was denied said custody by our courts.
Steps in Characterization:
5. Judgment must be res judicata (final, based on merits, jurisdiction,
1. Determination of facts involved;
identity of parties – subject matter – cause of action) 2. Characterization of the factual situation;
- A Californian wife dies. Her husband claims the entire conjugal property by
virtue of accretion invoking Californian law. In our law, it is succession and
EFFECT OF FOREIGN JUDGMENTS not accretion.
1. Judgment against a specific thing – “conclusive upon the title
Art. 26. “A marriage celebrated abroad is VALID in the place of celebration,
to the thing;”
EXCEPT when the marriage is bigamous polygamous, or incestuous.
2. Judgment against a person – is presumptive evidence of a
right as between the parties and their successors in interest. 3. Determination of the conflicts rule to be applied;
• ONCE ENFORCED, AS IF ENFORCED BY OUR OWN COURT’S 4. Characterization of the connecting factor;
JUDGMENT 5. Characterization of the problem as procedural or substantive;
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6. Pleading and proving the proper foreign law;
7. Application of the foreign law to the problem.
CHAPTER VIII – NATIONALITY THEORY
Theories on Characterization -by virtue of which, the status and capacity of an individual is generally governed
by the law of his nationality; adopted in the Philippines
1. Lex Fori Theory – forum merely considers its own concepts in its own

characterization.
2. Lex Causae Theory – opposite; to follow the characterization of the foreign NATIONALITY AND CITIZENSHIP
state which is the principal point of contract. Nationality – is membership in an ethnic, social, racial, and cultural group;
synonymously used with citizenship
3. Universal Analytical Theory (comparative approach theory) –
Citizenship – membership in a political society.
characterization comes only after a general comparative analytical study of
the jurisprudence of all states involved. Common factors both in lex fori and • Thus, when we say that successional right to the estate of a person
the lex causae are taken into consideration. shall be governed by his national law, we mean the law of the state
of which the deceased was a citizen at the time of his death.
4. Dual Theory of Lex Fori and Lex Causae – similar to “comparative approach

theory” except that only 2 concepts are considered into the picture (lex fori
DEFECTS:
and lex causae) instead of considering worldwide conceptions.
1. Refugees
5. Autonomous Theory
2. Stateless individuals – What will be their personal law?
6. Totality Theory – (1) get the characterization or the law intended by the 3. Dual or multiple nationality – What citizenship will control?
parties, and then (2) apply the characterization given by that intended law.


3 KINDS OF CITIZENS IN THE PHILIPPINES
1. Natural-born citizens – citizens from birth without having to perform

any act to acquire or perfect their Philippine citizenship (Art. IV, Sec.

2, Consti.); must be distinguished from “native born citizen”
CHAPTER VII – VARIOUS THEORIES ON STATUS AND
CAPACITY • Government Officials who must be natural-born Filipinos:
a. Chief Justice
b. Associate Justices of the Supreme Court
STATUS c. Senate President
– the place of an individual in a society; and consists of personal d. Members of the Senate
qualities and relationships e. Speaker and Members of the HOR
f. Chairmen and Members of the Constitutional
Characteristics:
Commissions: CSC, COA, COMELEC
1. Conferred principally by the state, not by the individual;
2. A matter of public or social interest; 2. Naturalized citizens – not natural-born citizens; who become such
3. A concept of social order; through judicial proceedings (Art. IV, Sec. 1(4), 1987 Consti)
4. Generally supposed to have a universal character.
3. Citizens by election – by virtue of certain legal provisions, become
CAPACITY such by choosing or electing Philippine citizenship at the age of 21 or
within a reasonable time thereafter.
- merely a part of status; the sum total of his rights and obligations

- capacity to act or judicial capacity


PERSONAL LAW 2 THEORIES ON DETERMINING CITIZENSHIP
1. Jus Soli – If born in a country, a person is a citizen of the same.
-Law that attaches to individual; governs one’s status, capacity, family 2. Jus Sanguinis – “citizenship by blood;” Follows the citizenship of his
relations, and consequences of his actuations. parents

THEORIES ON PERSONAL LAW • Art. 2, Hague Convention of Conflict of Nationality Laws:
1. National Law – law of his nationality governs “Any question as to whether a person possesses the nationality of a
particular state should be determined in accordance with the law of
Art 15 – Family Rights, Duties, Status, Conditions, and Legal the state.”

Capacity
Illustration:
A Chinese applicant for naturalization had all the qualifications and none of the
Art. 16 (2) – Order of Succession, Successional Rights, disqualifications.
Intrinsic validity of testamentary provisions OSG objected on the ground that he did not obtain permission to renounce
Chinese citizenship.
Art. 21 (Family Code) – capacity to contract marriage
(A) The applicant can be naturalized because in our country, it is insignificant
Art. 1039 – Capacity to succeed is governed by the law of that he disobeyed Chinese laws. What matters is his compliance with our
laws.
the nation of the decedent. e


(Q) What if he is still regarded as Chinese citizen in China?
2. Domiciliary Law – domicile as the determinative law (A) This is not a case of dual citizenship. (1) Insofar as the Philippines is
3. Situs/Eclectic Theory – the place (situs) of an event is the concerned, he is a Filipino. And (2) insofar as the China is concerned, he may
controlling law only be a Chinese and not a Filipino. (3) From the viewpoint of a third state,
dual or multiple citizenship may exist.



MULTIPLE OR DUAL CITIZENSHIP
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1. Same person as above (Fil-Chinese) died in France, leaving properties in PH. (Art. IV, Sec. 4, 1987 Constitution) “Citizens of the Philippines who marry aliens
What law governs the successional right of the decedent? shall retain their citizenship, unless by their act or omission they are deemed,
under the law, to have renounced it.”
(A): Get the law of the forum if the forum is one of the countries of which
the deceased was a national. Absent such case, as in this case, Philippine Filipino Male Who Marries an Alien
law shall control the successional rights to his estate. (Art. 16, par. 2, Civil “An alien woman marrying a Filipino, native-born or naturalized, becomes ipso
Code) facto a Filipino provided she is not disqualified to be a citizen of the Philippines
under Sec. 4 of the the Revised Naturalization Law.’
2. Chinese-Japanese died in Manila, leaving properties in the Philippines. Prior
to his death, he was domiciled in Japan.
Alien Woman Married to an Alien Husband Who Takes Oath of

(A): Japanese law shall apply because he was both a citizen and domiciliary Allegiance as a Filipino Citizen
of Japan. If it is evident that the deceased considered the domicile as the The alien woman follows the Philippine citizenship of her husband the
more effective connecting factor for his personal law, THEORY OF EFFECTIVE moment he takes his oath, provided she is not disqualified under the
NATIONALITY APPLIES. law.

DOMICILIARY THEORY applies “if the deceased is not a citizen of the forum, Thus, it is not necessary for an alien to prove in a judicial proceeding that she
the law of the nation of which he was both a national and a domiciliary posses all the qualifications and none of the disqualifications under the Revised
governs.” Naturalization Law.

3. (ART. 5, Hague Convention on Conflict of Nationality Laws) “…a third state CITIZENS OF THE PHILIPPINES, 1987 CONSTITUTION
shall apply the nationalities based on either the (1) nationality of the country in
1. Who are citizens of the Philippines at the time of the adoption of this
which he is habitually and principally a resident, or the (2) nationality of the
country with which in the circumstances he appears to be in fact most closely Constitution;
connected to. 2. Whose fathers or mothers are citizens of the Philippines;
3. Born before January 17, 1973, of Filipino mothers, who elect
4. Cuban Singaporean was domiciled at the time of his death in Italy. He died in Philippine citizenship upon reaching the age of majority.
Alaska, leaving properties in the Philippines. What law governs his successional 4. Those naturalized in accordance with the law.
rights?
Derivative Citizenship – Those who become citizens of the
(A)
1. First, get the Cuban and Singaporean law on succession and apply them
Philippine by virtue of their election benefits not only the
harmoniously; (law of nationality) individual himself but also his children.
2. Secondly, in so far as there is a conflict, refer to the law of Italy (law of
domicile) Chiongbian vs De Leon
Victoriano Chiongbian – born in the Philippines of foreign parents;
Modalities of Acquiring Dual/Multiple Citizenship: (F L V C) elected as councilor; has a son, William (still a minor at the time of the
1. Through a naturalized citizen’s failure to comply with certain legal adoption of Philippine Constitution). Cancellation of registration of
requirements in the country of origin.
vessels sought against William on the ground that he is not a Filipino
2. Combined application of “jus soli” and “jus sanguinis;”
3. By legislative act of States; citizen – that the grant of citizenship to his father by virtue of his
4. By voluntary act of the individual. election to a public office is strictly personal and cannot be so
considered on William.

STATELESS INDIVIDUALS: (D R V C) (A) “William is a Filipino by virtue of the fact that he was still a minor
1. Deprived of his citizenship (by committing a crime) when his father became a Filipino citizen.”
2. Renounced his nationality (by certain act, express or implied)
3. Voluntarily asked for release from original state Children of Filipino Fathers
4. When born in a state that applies only the principle of jus sanguinis, whose 1. When already of age at the time of the parent’s
parents are governed with laws recognizing only jus soli.
naturalization, they do not become Filipino citizens unless

they themselves be naturalized.
Personal Laws of Stateless Individuals
2. Minors born outside the Philippines (before naturalization of
1. The law of domicile or habitual residence. – applies on successional rights.
2. Law of the place of temporary residence.
parents) – must reside here
3. Minors born outside the Philippines (after naturalization of
JUDICIAL ACTIONS/REMEDIES ON CITIZENSHIPS (J O F I) parents) – law requires registration
1. Judicial Declaration of Philippine Citizenship – illegitimate child of a Chinese
father and a Filipino mother files a petition for correction of entry in Civil
Registry (as Chinese to Filipino)
2. File a petition for citizenship or naturalization – Chinese woman married to NATURALIZATION
a Filipino; went to the court to seek a declaration of Philippine citizenship -the process of acquiring the citizenship of another country, either by
3. Injunction – One claims to be a Filipino citizen; Bureau of Immigration requires
compliance with the formalities of the law (judicial hearing and
them to register as aliens
4. Oath of Allegiance – An illegitimate daughter of a Filipino mother (was
approval of the petition) or by acts of marriage.
erroneously registered as an alien) married an alien. She later petitioned for
judicial repatriation. Attributes:
1. Citizenship is not a right, it is a privilege
Filipina Woman Who Marries an Alien a. requires full and strict compliance with legal
requisites;

9

b. burden on the applicant to show he has complied 4. Release – (is voluntary) person asks the permission of his country to
with all conditions imposed by law; be freed from citizenship therein. (not provided for under our law so
c. petitions involve public interest, hence, even if no prior permission is needed; only renunciation);
objections had not been raised in the trial court, 5. Expiration – long stay abroad (not applicable to PH); applies to
higher tribunal may subject the entire records to naturalized foreigners who within 5 years after naturalization,
scrutiny. permanently resides to foreign country;

Qualifications of Petitioner: HOW PHILIPPINE CITIZENSHIP IS REACQUIRED:
1. Must be not be less than 21 years on the date of the hearing of 1. BY NATURALIZATION;
petition; 2. REPATRIATION;
2. A resident for a continuous period of 10 years; 3. DIRECT ACT OF NATIONAL ASSEMBLY;
a. Reduced to 5 years when:
i. Married to a Filipino woman;
ii. Established a new industry or introduced a new invention
in the Philippines; CHAPTER IX – DOMICILIARY THEORY
iii. Held office in the government;
iv. A teacher; DOMICILIARY THEORY IN CONFLICTS OF LAW
v. Was born in the Philippines - Is the theory that in general the status, condition, rights, obligations,
3. Of good moral character; and capacity of a person should be governed by the law of his
4. Owns real estate in PH not less than P5,000; or must have lucrative domicile.
trade, profession or lawful occupation;
5. Can speak and write English or Spanish AND any of the principal DEFECTS:
Philippine languages; - a deaf-mute cannot speak, therefore he 1. Various countries have varying concepts as to the real
cannot be naturalized. meaning of domicile.
6. Must have enrolled his minor children in Philippine schools where 2. Domicile is comparatively easier to change than nationality.
Philippine history, government, and civics are taught. 3. For ulterior motives, persons may pretend to be
domiciliaries of one state when in truth their domicile may
Disqualifications: be elsewhere.
1. Who opposed to the government or affiliated with a group who
uphold doctrines opposing the government; DOMICILE NATIONALITY/CITIZENSHIP
2. Teaching or defending violence, assault, or assassination;
*one’s permanent place of *indicates ties of allegiance and
3. Polygamists or believers in the practice of such;
abode loyalty
4. Convicted of a crime involving moral turpitude;

5. Suffering from mental alienation or incurable contagious decease;
A person may be a citizen or national of one state, without being a
6. Have not mingled socially with Filipinos or who have not evinced a
domiciliary thereof; conversely, one may possess his domicile in one
sincere desire to learn and embrace Filipino customs, traditions, and
state without necessarily being a citizen or national thereof.
ideals;

7. Subjects of nations with whom the US and PH are at war;
IMPORTANCE OF KNOWING DOMICILE
8. Subjects of a foreign country whose laws do not grant reciprocal
rights on naturalization
1. Applies in Art. 829 of the Civil Code, “A revocation done
outside the Philippines, by a person who does not have his

domicile in this country, is valid when it is done according to
Steps in Naturalization Proceeding: (F P P H – R O)
the law of the place where the will was made, or according to
1. Filing of declaration of intention to become a Filipino citizen;
the law of the place in which the testator had his domicile at
2. Petition for naturalization must then be filed in court;
the time; and if the revocation takes place in this country,
3. Publication in the Official Gazattee;
when it is in accordance with the provisions of this Code.”
4. Hearing of the petition;
5. If approved, there will be a re-hearing 2 years after; 2. Both the domiciliary and the nationality theories are used:
6. Taking of the oath of allegiance. Art. 816, “The will of an alien who is abroad produces effect
in the Philippines if made with the formalities prescribed by
Grounds for Cancellation of Naturalization: the law of the place in which he resides, or according to the
1. Naturalization certificate was obtained fraudulently or illegally; formalities observed in his country, or in conformity with
2. If it is shown that the person will return, within 5 years following those which this Code provides.”
issuance of said certificate, to his native country and establish a 3. It often runs to the rescue of the nationality theory in solving
permanent residence therein; conflicts problems posed by ‘stateless individuals’ and by
3. Invalid declaration of intention; those possessed of a ‘dual or multiple citizenship.’

HOW CITIZENSHIP IS LOST: DEFINITION OF DOMICILE - is that place where a person has certain
1. Substitution of a new nationality – becoming a naturalized citizen of settled, fixed, legal relations because:
a foreign state;
2. Renunciation – may be expressed or implied (subscribing to an oath 3 KINDS OF DOMICILE
of allegiance of a foreign country; 1. Domicile of Origin
3. Deprivation – as a form of punishment for committing a crime; o It is assigned to him by the law “at that moment of birth;”
o Applies only to infants;
10

o Never changes for a person is born only once; domiciled in China, China will be the constructive domicile of
o Fixed by law. said child at the age of 11.
2. Constructive Domicile or Domicile by Operation of Law
o Assigned to him by the law “after birth” on account of *In case of death of either parent, the domicile of the
legal disability caused for instance by minority, insanity, surviving parent governs.
or marriage in the case of a woman; or
o Refers to all those who lack capacity to choose their own *If both parents are dead, the constructive domicile of the
domicile (infants, married women, idiots, and insane). parent who died later governs.
Legal disabilities prevent their making a choice;
o May change from time to time; 2. Illegitimate – the domicile of choice of the mother
o Fixed by law. 3. Adopted – domicile of the adopter.
4. Ward – domicile of choice of guardian.
3. Domicile of Choice
o Because he has his home there, whenever he is absent, he B. For Married Women:
intends to return. 1. If the marriage is valid – domicile of choice of both husband or
o (not fixed by law) but a result of the voluntary will and wife. *In case of disagreement, the exercise of choice of either
action of the person concerned. spouse will no longer be constructive but a domicile of choice.

RULES FOR THE DOMICILE OF ORIGIN (DOMICILIUM ORIGINS) 2. If the marriage is voidable (valid until annulled) – Should she
continue being domiciled in the same place as her husband, such
1. Legitimate Child – is the domicile of choice of his father at would be a domicile of her choice.
the moment of the birth of the child.
Example: If a Filipino child is born in France at the time 3. If marriage is void – She had no constructive domicile. Same rule
that his father is domiciled in Japan, the domicile of above should she choose the domicile of her husband.
origin of the child is in Japan.
C. Rule for Idiots, Lunatics, and the Insane
If the child is posthumous (one born after the death of
the father), its domicile of origin is the domicile of choice 1. If below age of majority – rule on infants applies
of the mother. 2. If above age of majority:
a. If with guardians – domicile of choice of their
2. Illegitimate Child – is the domicile of choice of the mother at guardians
the time of the birth of the child. b. If without guardians – their domicile of choice
shortly before they became insane or during their
3. Legitimated child (an illegitimate child who subsequently is lucid intervals.
granted the status of a legitimate child by the process called
legitimation) – is the domicile of the father at the time of RULES FOR DOMICILE OF CHOICE (FUNDAMENTAL PRINCIPLES)
birth (not at the time of legitimation) of the child. Because 1. No natural person must ever be without a domicile.
“the effects of legitimation shall retroact to the time of the 2. ONLY ONE DOMICILE. No person can have 2 or more
child’s birth – Art. 180) domiciles at the same time, except for certain purposes, and
from different legal viewpoints.
4. Adopted Child – is not the domicile of the adopter but the o “While a person may have more than one
domicile of the real parent or parent by consanguinity. residence, he can only have one domicile or place
of habitual residence.”
5. Foundling (an abandoned infant whose parents are o Otherwise, the law to follow the person would be
unknown) – is the country where he/she was found. indeterminate in certain cases.
o But one may have more than one domicile as to
Q: Suppose the parents become known, what will be the purposes, i.e one domicile is for purposes of
domicile of the origin of the foundling? taxation and the other is for the purpose of
obtaining a legal separation.
A: He/she is NOT a foundling, and therefore cannot have a
domicile of origin as a foundling. CASES
1. In Re Dorrance’s Estate (from Penn)
RULES FOR THE CONSTRUCTIVE DOMICILE (DOMICILIUM Facts: Mr. D, a resident of New Jersey, bought an estate in
Pennsylvania, where he began to live with his wife and child. He
NECESARIUM)
goes to NJ once in a while and in his will be stated that he was a
resident of NJ (to avoid paying taxes in Penn).
A. Rules for Infants
1. Legitimate – domicile of choice of either the mother or father Held: He was domiciled in Penn as shown by his conduct,
notwithstanding his expressed desire to have NJ as his domicile
Example: If at the time the child is 6 years old, the domicile as such is self-serving and contrary to his actual conduct.
of choice of either the father or mother is in California, then
2. In Re Dorrance’s Estate (from NJ)
it will be the constructive domicile of the child at that age. If
Issue: WON Penn decision is binding in NJ.
he reaches the age 6, the father or mother is already

11

Held: No. The domicile of the deceased was in NJ as evidenced domicile, coupled with (2) actual residence in the place chosen, with a
by his intention to return there, notwithstanding actual (i) declared and (ii) provable intent that it should be one’s fixed and
residence in Penn. In view of the animus manendi, he never lost permanent place of abode, one’s home.
his NJ domicile. A man may choose his own domicile; the motive

that may prompt him is immaterial.
2. GALLEGO vs VERA

TO ACQUIRE A NEW DOMICILE OF CHOICE, WHAT THINGS MUST
3. CHANGE. Every sui juris may change his domicile.
CONCUR?
o For a change of domicile intention to reside elsewhere
1. Residence or bodily presence in the new locality (must be
without actual residence in the place chose will not be
actual);
sufficient.
2. Intention to remain there (must be for an indefinite period);
o On the other hand, actual residence in a new place without
3. Intention to abandon the old domicile.
intention to make it the permanent abode will not also be

enough.
o Thus, to effect ‘change’ in domicile, ACTUAL STAY and • There must be an animus manendi or an animus non
INTENTION must concur. revertendi. The acts of the person must conform with his
purpose. The change of his residence must be voluntary.


4. RETENTION. Once acquired, it remains the domicile unless a
new one is obtained: 3. TESTATE ESTATE vs BOHANAN
a. By a capacitated person; Testator was born in Nebraska;
o (not applicable) because of lack of voluntariness: Had properties in California;
Had temporary but long residence in the Philippines;
i. infants, idiots, lunatics, insane,
ii. convict or a prisoner (his domicile of choice is In his will executed in Manila, he stated that his domicile and
the one previously possessed by him, unless he permanent residence be in Nevada.
deliberately makes the new locality his
HELD: His permanent domicile in the US depended upon his personal
permanent home, after he gets out of prison);
intent or desire. Nobody else but the testator can choose his own
iii. involuntary exiles (compelled by the command
of a superior political power to abandon their domicile or permanent residence for him, because such choice is his
country) – domicile of choice is their previously exclusive and permanent right.

existing domicile
4. IMELDA MARCOS AND BUTZ AQUINO CASES
iv. soldiers – domicile at the time of their
enlistment
v. public officials and employees, diplomats, and IMELDA MARCOS vs COMELEC
st
consular officers – domicile of choice is their Imelda was proclaimed as the duly elected representative of 1
district of Leyte. Respondent Montejo asked the Comelec to disqualify
previously existing domicile.
b. With freedom of choice; Imelda for the lack of 1-year residency requirement. Marcos argued
c. With actual physical presence in the place chosen; however that she has been a resident of the area since childhood and
d. And a provable intent that it should be one’s fixed has not abandoned her residency.

and permanent place of abode (one’s home); that
SC declared Imelda was qualified to run and be elected therein
there should be “animus manendi” or intent to
remain or “animus nonrevertendi” or intent NOT to basically on the ground that the challenged Comelec resolution are
return to the original abode. null and void for lack of jurisdiction (must be filed in HRET).

AQUINO vs COMELEC
o For ‘retention’ of old domicile – there need not be a
concurrence of ACTUAL STAY and INTENT for unless a Comelec has barred Butz Aquino from assuming the post of
nd
new domicile is acquired, the old one is retained. representative for 2 district in Makati on the ground of ineligibility
Hence, one may retain his old domicile so long as he for the post as he fell short of the required residency. SC dismissed
Aquino’s appeal on said decision on the ground of lack of jurisdiction
resides there OR so long as he intends to return.
(must be filed in HRET).
o “Intention without residence or residence without
intention will not suffice for the acquisition of a
nd
domicile BUT will be sufficient for the retention of an SC did not proclaim Syjuco (respondent), who garnered the 2 spot,
nd
existing domicile.” on the ground that a candidate who got the 2 -highest number of
cotes cannot be proclaimed winner since he is not the choice of the

CASES: electorate.

1. VELILLA VS POSADAS
Mr. M lived and worked in Manila for more than 25 years. He wandered DOMICILE RESIDENCE
around the world until he died in Calcutta. Permanent (habitual) temporary
Only one Can have more than one
ISSUE: Where was his domicile at the time of his death? Fixed permanent residence to Used to indicate abode,
which when absent, one has whether permanent or
HELD: Philippines. Because he never acquired any domicile in a foreign intention of returning temporary
country despite wandering abroad. To effect abandonment of one’s
domicile, there must be a (1) deliberate and provable choice of new

12

• Residence is not domicile but domicile is a residence, 2. Q: What law governs the capacity of a German to alienate his
coupled with intention to remain for an indefinite time. lands and cars in the Philippines?

A: Applying the situs theory, said capacity is governed by the law
of the place where the property is located. Since the properties
CHAPTER X – SITUS OR ECLECTIC THEORY are in the Philippines, Philippine law governs. Art. 16, par. 1 of the
Civil Code likewise applies in this case.
SITUS OR ECLECTIC THEORY RESTATED
States that the capacity, legal condition, or status of an individual
should be governed not necessarily by the law of his nationality nor by
the law of his domicile but by the law of the place (situs) where an
important element of the problem occurs or is situated. CHAPTER XI – PROBLEM OF THE RENVOI

2 Kinds of Participation of the Individual Concerned: Renvoi – literally means “referring back”
1. If the participation is active (as when he does the act The problem arises when there is a doubt as to whether a reference to
voluntarily) a foreign law is a reference to the:
o the governing law is the law of the ACTUAL SITUS (1) internal law of said foreign law, or
(the place of the transaction or event); (2) to the whole of the foreign law, including ‘conflicts’ rules.
o In the latter case, if one state follows the nationality
2. If the participation is passive (as when the effects of the act theory, and the other state follows domiciliary theory,
are set forth in the law) there is a possibility that ‘the problem may be referred
o t the governing law is the law of the LEGAL STATUS back’ to the law of the first state.
(legal situs of an individual is supposed to be his Example:
DOMICILE) An English domiciliary of the Philippines dies in Manila, leaving his
Examples: English child.
1. Q: 2 Filipinos, domiciled in Japan, get married in California.
What law governs: ISSUE: Should the successional rights of the child be governed by
a. The validity of marriage: English internal law on succession or by Philippine internal law?
b. The marital obligations of husband and wife:
If internal law is applied on succession:
A: English law will govern.
a. The act of getting married is a voluntary one. Hence
the participation of the man and a woman is active. If the whole law of England, including conflict rules:
In which case, the governing law is the actual situs English conflicts rule will govern: by the law of domicile at the
or where the marriage took place, which is in time of his death (Philippine law)
California. Hence, California law governs the
validity of marriage. Proposed Solutions:
1. REJECT RENVOI
b. The marital obligations are not fixed by them but 2. ACCEPT – We referred the matter (mentally) to the English
are imposed by law. Hence, their participation in Law and the England referred it back to us.
this matter is passive. The governing law is thus the 3. Follow the Theory of Desistment / Mutual-Disclaimer of
legal status, which is the domicile of the parties. Jurisdiction theory – We desist or refrain from applying
Since they are domiciled in Japan, their marital English Law, being inadequate as it is founded on a different
rights and obligations are governed by Japanese basis.
law. 4. Use Foreign Court Theory – Our Courts will put itself in the
position of the foreign Court. (“follow the leader”)
Note, however, that the Philippine law does not
follow the situs theory. Applying our law, the DOUBLE REVOI – Occurs when the local court in adopting the Foreign
answers would be different: Court Theory, discovers that the foreign court accepts the renvoi.

a. If the marriage is valid in California, the marriage is also TRANSMISSION – the process of applying the law of a foreign state
valid in the Philippines (situs theory) except if the through the law of a second foreign state.
marriage is bigamous, polygamous, or incestuous.
Example: An Italian domiciled in the Philippines dies in England.
b. Their PERSONAL marital obligations are governed by
Philippine law under Art. 15 of the Civil Code If the case is tries in England, then the English Court (follows
(Nationality Theory). ‘domiciliary theory’) refers to the law of the Philippines. But
Philippines refer the matter to Italy (follows ‘nationality theory’).
Their PROPERTY relations are also governed by Hence, England now applies Italian law. There was transmission.
Philippine law (Nationality Theory) by virtue of Art. 80
of the Family Code. Renvoi Transmission
Deals with 2 countries Deals with 3 or more countries

13

“referring back” “transmitting” HELD: Court granted more successional rights to Helen in effect that
there are 2 rules in California on the matter: (1) internal law – should
Implications of Renvoi and Transmission apply to Californians domiciled therein, and (2) conflicts rule – applies
1. Both renvoi and transmission may not apply only to to Californians domiciled outside the same.
successional rights but also to marriage and other contracts
and agreements. California law provides, “If there is no law to the contrary in the place
2. Both problem may occur even if (in renvoi) the two where personal property is situated, it is deemed to follow the person
countries both adhere to, say, nationality theory or to of its owner and is governed by the law of his domicile.”
domiciliary theory.
If a California citizen dies domiciled in the Philippines, our courts are
EXAMPLES: compelled to apply the National Law of the deceased. But since
California law itself refers back the matter to the Philippines (place of
1. 2 citizens of State X (Nationality Theory) marries in State Y domicile), we may have no alternative but to accept the same.
(Nationality Theory).
State Y says: If foreigners marry here, their marriage is valid Substantially, this is the theory of the single renvoi or the theory of
provided that it is also valid in the country of which they are acceptance of the renvoi. To do otherwise, ie. To refer back again the
citizens. matter to California, with the possibility that the problem will once
State X: will not be confronted by the problem of renvoi. Is again be returned to us, would give rise to ‘international football.’
the reference in their conflicts rule to the foreign law a
reference to the foreign INTERNAL law on marriage or a TESTATE ESTATE OF AMOS BELLIS vs BELLIS
reference to the WHOLE of the foreign law?
2. TRANSMISSION IN MARRIAGE: 2 Filipinos domiciled in China Facts:
married in England. Amos Bellis was a citizen and resident of Texas at the time of his death.
PH Law: “If marriage is valid where it is celebrated, it will In his two wills, one disposing his Texas properties, and the other his
generally be valid here in the PH.” Philippine properties.
However, if England law says: “Marriages in England He recognized in both wills that his illegitimate children be not given
between foreigners shall be considered valid here ONLY if anything.
they are recognized valid in their law of domicile. Texas Law has no conflicts rule governing successional rights.
Texas Law has no compulsory heirs and thus no legitimes.
Now then, PH courts will have to apply the law of China, Illegitimate children opposed the will on the ground that they have
thru the law of another sate, England. This is a case of been deprived of their legitimes to which they are entitled if Philippine
transmission. law were to apply.

ARGUMENT IN FAVOR OF EACH PROPOSED SOLUTIONS FOR RENVOI ISSUE: Are the illegitimate children entitled to properties of the
deceased.
1. REJECTION OF THE RENVOI
2. ACCEPTANCE OF RENVOI HELD: NO. Texas Law must be applied because it is the national law of
a. In contrast, if all countries accept renvoi, each the deceased.
country will ultimately apply its own internal law. Renvoi doctrine in Edward Christensen case cannot be applied. Said
If all does such, there would be a discord. doctrine is pertinent where the decedent is a national of one country,
Harmony would result only if one state accept and a domiciliary of the other. In this case, the decedent was both a
renvoi and the other rejects it. national and domiciliary of Texas at the time of his death.
3. DESISTMENT THEORY But if Texas has conflicts rule adopting the situs theory (lex rei
4. FOREIGN COURT THEORY sitae), calling for the adoption of the law of the place where properties
are situated, renvoi would arise since the properties herein involved are
PHILIPPINE LAW ON THE MATTER in the Philippines.

In the case of IN THE MATTER OF TESTATE ESTATE OF THE DECEASED Oppositors pointed out that the execution of 2 will convey that the
EDWARD CHRISTENSEN, his acknowledged natural daughter, Helen, testator intended Philippine law to govern his Philippine estate.
claims that under Art. 16, par. 2 of the Civil Code, California law Assuming so, it will NOT alter the law that “a provision in a foreigner’s
should be applied. But since the matter was referred to the law of will to the effect that his properties shall be distributed in accordance
domicile (Philippine law), the share of Helen must be increased in with Philippine law and not with his national law, is ILLEGAL AND VOID
view of successional rights of illegitimate children in the Philippines. of his national law.”(Miciano vs Brimo)


On the other hand, the respondent contends that the national law of

the deceased must apply (California Law), in which there are no ---- midterms end ----
compulsory heirs and consequently a testator could dispose off any
property possessed by him in absolute dominion and that illegitimate ---- continue for finals ----
children not being entitled to anything under the said law, the will of
the deceased giving the bulk of the property to the respondent, must
remain undisturbed.

14

CHAPTER XII – RULES ON STATUS IN GENERAL b. However, if in case of a voidable marriage, and the
marriage is annulled, it was as if he was never
SYNOPSIS OF THE RULES ON STATUS IN GENERAL emancipated.
2. Attainment of the age of majority
Art. 15, Civil Code. “Laws relating to family rights and duties, or to the legal 3. Parental concession; child must be at least 18 and must
capacity of persons are binding upon citizens of the Philippines, even though consent thru recording in the Civil Register of an agreement
living abroad.” in a public instrument executed by the parent exercising
parental authority and the minor at least 18 years of age.
1. Beginning of personality (natural persons) Such emancipation shall be irrevocable.
2. Ways and effects of emancipation 4. Judicial concession (child must be at least 18 and must
3. Age of majority consent) – final and irrevocable
4. Use of names and surnames 5. Orphan who is a minor: by concession upon an order of the
5. Use of tiles of nobility Court.
6. Absence
7. Presumption of death and survivorship. à Lex Fori (Arts. 43, III. AGE OF MAJORITY (Art. 234)
390, 391 of Civil Code; Rule 131, Sec. 5 (jj) of Rules of Court)
“Emancipation takes place by the attainment of majority (18 years).”


I. BEGINNING OF PERSONALITY (Art. 40, 41)
Problems:
Art. 40. “Birth determines personality; but the conceived child shall be 1. Q: A citizen of State X wants to apply for Philippine
considered born for all purposes that are favorable to it (donation, naturalization (requires 21 years old). In State X, he is already
acknowledged, support), provided it be born later with the conditions considered major age at 19 years old. At that age, may he
specified in the following article.” already file his petition to be a Filipino citizen?

Art. 41. “For civil purposes, the fetus is considered born if it is alive at A: YES. Provided that at the time of hearing of the petition, he
the time it is completely delivered from the mother’s womb. However, is already 21 years old. If he is not yet 21 years of age, the
if the fetus had an intra-uterine life of less than 7 months, it is not hearing of the petition will have to be postponed,
deemed born if it dies within 24 hours after its complete delivery from notwithstanding the act that in his own country, he has already
the maternal womb.” reached the age of majority. Because rules on naturalization
and nationality are dependent purely on our laws.
Notes:
2. Q: A female from State X marries a Filipino, but because she is
1. Presumptive personality – personality does not begin at a deaf-mute, she does not become a Filipino. The marriage
birth, it begins at conception; provided that the birth should however is valid. Now then, assume that she is only 18, but in
occur later; otherwise, fetus is deemed to have never State X, marriage makes her a person of major age. Is she still a
possessed legal personality. (human form not required) minor?
2. Effects: If Arts. 40 and 41 are not complied with, “birth and
death will not be recorded in the Civil Registry.” A: NO, in view of the marriage.
3. 2 Kinds of Children:
i. Ordinary – with an intra-uterine life of at least 7 months; IV. USE OF NAMES AND SURNAMES
ii. Extraordinary (not premature) – if the intra-uterine life
• Legitimate children – surname of the father (Art. 364)
be less than 7 months. (Here, the child must have lived
• Adopted child – surname of the adopter (Art. 365)
for at least 24 hours after its complete delivery from
• Legitimated children – surname of the father
maternal womb).
• Children conceived before the decree annulling a voidable
4. Art. 40 and 41 apply only to Filipino babies. If the child be a marriage – surname of the father
foreigner, the beginning of its personality depends upon its • Illegitimate children – surname of the mother, unless
national law. (Art. 15) recognized by the father.
Q: An alien mother of State X gave birth to a child in Manila. The
child had an intra-uterine existence of only 6 months, and it dies • Married woman may use (Art. 176):
3 hours after complete separation from maternal womb. The 1. Maiden first name + surname + husband’s surname;
law of State X vests legal personality upon the child in such case. 2. Maiden first name + husband’s surname;
Does the child acquire personality? 3. Husband’s full name, but prefixing a word indicating
A: Yes. Because this is a matter that depends upon his national that she is his wife, such as “Mrs.”
law.
V. TITLES OF NOBILITY
II. WAYS AND EFFECTS OF EMANCIPATION
“An Englishman who may have such a title is allowed to use the same
Ways of Emancipation: in our country as the right to use a title of nobility depends upon the
1. Marriage by the minor (Art. 234, Family Code) national law of an individual. But if he applies for Philippine
a. Father cannot get daughter’s custody fro husband naturalization, he must renounce any hereditary title or order of
in view of the emancipation. nobility he possesses as such titles of royalty or nobility are not allowed
under our Constitution.
15

VI. ABSENCE 2. If both were above 60 yo – younger is presumed to have
survived;
Absence, being the legal status of a person who disappears from his 3. One is under 15 and the other above 60 – 15 is presumed
domicile, his whereabouts being unknown, is governed by the national to have survived;
law. Our courts also have jurisdiction to declare an alien domiciliary in 4. One us under 15 or over 60 and the other between those
the Philippines as absent under Arts. 384-386 of the Civil Code. ages – the latter is presumed to have survived.
5. Both be over 15 and below 60; sexes be different – male is
• Judicial declaration of the absence shall not take effect until presumed to have survived
6 months after its publication in a newspaper of general 6. Both be over 15 and below 60; same sex – older is
circulation. presumed to have survived.
• 2 years - without any news or since the receipt of the last
Application:
news about the absentee
• 5 years – in case the absentee has left a person in charge of • Art. 43 (applies when 2 or more persons are involved ‘who
administration of his property are called to succeed each other,’ i.e. father and son)
• Art. 131 (in all other cases)
VII. PRESUMPTION OF DEATH AND SURVIVORSHIP • Rule on Preponderance of Evidence (when here are acts
from which a contrary conclusion can be inferred)
PRESUMPTION OF DEATH (Arts. 390–391)
VIII. END OF PERSONALITY
Lex Fori (internal law) – governs the rules on presumption of death,
regardless of the nationality involved. Why? Because in certain cases, Art. 42. “Civil personality is extinguished by (physical, not civil)
“there may be a burden of proof.” death. The effect of death upon the rights and obligations of the
deceased is determined by the (1) law, (2) contract, (3) and by
• (Art. 390) Ordinary Absence (Death is presumed to have occurred will.”
on the last day of the period):
• Incidentally, a judicial decree in a foreign country placing a
• After absence of 7 years – presumed dead for all purposes,
person under civil interdiction will not be recognized in our
except for those of succession (after 10 years) forum: this is because such a judgment is penal in character.
• Absence of 5 years – disappeared after the age of 75 years
(succession to be opened) LEGISLATIVE JURISDICTION vs JUDICIAL JURISDICTION
• (Art. 391) Qualified or Extraordinary Absence (Death is presumed
to have occurred at the beginning of the period): • Judicial (authority to hear and determine a legal controversy) –
• 4 years – on board a vessel lost during a sea voyage; missing the jurisdiction of our courts is governed by our own law on the
airplane; in the armed forces who has taken part in war; in matter
danger of death under other circumstances and his existence • Legislative (aside from the authority to enact laws) – is the
has been unknown. competence of a person’s national law to govern his status.

NOTES: Thus, while a foreigner’s status is governed by his national law

(legislative jurisdiction), our own courts (not the foreign courts) will
1. A person shall not be declared presumptively dead by the have authority to decide questions concerning said foreigner’s status
court even after the lapse of the periods because (1) such a (judicial jurisdiction) by applying his national law.
declaration would be useless since such a presumption is
already given in the law itself; and (2) because such a Ybanes vs Fuster
judgment can never be final in the sense that is may turn out
2 Spaniards (husband and wife) obtained divorce from each other. The
that the person concerned is still alive.
validity of the divorce was assailed in a Philippine Court. Considering
2. But when property rights are involved, such a judicial
the this involves 2 aliens domiciled in our country, may our own courts
determination of presumptive death may be made.
take cognizance of the case despite that under the law, questions of
RULES ON SURVIVORSHIP (Art. 43; Rule 131, Sec. 5 (kk and jj) of RoC): status are resolved by their national law?

• Art. 43. “If there is doubt, as between 2 or more persons who are A: YES. Because jurisdiction of courts is generally submitted to the
called to succeed each other, as to which of them died first, territorial principle. Parties should endeavor to have their rights
whoever alleges the death of one prior to the other, shall prove established by the tribunals of the State which have coercive means to
the same; in the absence f proof, it is presumed that they died at enforce their decisions; otherwise, a person runs the risk of incurring
the same time and there shall be no transmission of rights from useless expenditures to obtain a judgment that cannot be enforced.
one to the other.”

• Rule 131, Sec. 3 (kk, jj): “When two persons (a) perish in the same
calamity, and it is (b) not shown who died first, and (c) there are
no particular circumstances from which it can be inferred, the
survivorship is presumed from the probabilities resulting from
the strength and age of the sexes, according to the following
rules:
1. If both were under 15 yo – older is presumed to have
survived;
16

CHAPTER XIII – MARRIAGE AS A CONTRACT polygamy, incest], and
consular marriages.
Marriage (Art. 1, Family Code) is:
2.Between Lex loci celebracionis national law
1. A special contract foreigners (Art. 21, Civil
2. Of permanent union Exceptions: Code); provided
3. Between a man and a woman (1) highly immoral not highly
4. Entered into in accordance with law (bigamous or immoral or
5. Or the establishment of conjugal and family life. polygamous) incestuous
(2) universally
6. It is the foundation of the family considered incestuous
7. And an inviolable social institution (between brothers and
8. Whose nature, consequences, and incidents are governed by sisters whether whole
law and not subject to stipulation, or half-blood,
9. Except that marriage settlements may fix the property legitimate or
relations during the marriage within the limits provided by illegitimate.)
this Code.
3. Mixed Lex loci celebracionis. national law of
2 Aspects of Marriage: Same as “between the Filipino
foreigners” to uphold (otherwise
1. A CONTRACT the validity of marriage public policy
2. A UNION, STATUS, LEGAL RELATION may be militated
Contract of Marriage vs Ordinary Contracts against)

Contract of Marriage Ordinary Contracts 4. Marriage by Proxy Lex loci

celebrationis
1. Also an inviolable social Are mere contracts (considered as
institution celebrated
where the proxy
2. Nature, consequences, and Agreements entered into appears)
incidents are governed by the usually depend on the
law. Thus, as a general rule, stipulations agreed upon by the
‘stipulations are of no value.’ contracting parties unless those
Marriage as a Contract. 2 REQUISITES:
Except to marriage settlements. stipulations violate the law,
public policy, public order, good 1.FORMAL – generally do not affect the validity of marriage (i.e.
customs, or good morals. if a judge solemnizes marriage) except for some (i.e. marriage
license, except in marriages of exceptional character)
3. Age requirements vary Age requirement is the age of
2. ESSENTIAL
majority

4. Dissolved only through death Dissolved by express provision I. Theories on FORMAL Requisites:
or annulment or legal causes (or of the law, expiration of the 1. Compulsory Rule – imperative for the parties to follow the
absolute divorce in specified term, fulfillment of the purpose formalities of the place of celebration (lex loci celebrationis)
instances for foreigners and for which the contract was or the law of the place where the act was done or performed
Muslims) (D D A L) entered into, or through mutual (locus regit actum) (Art. 17, par. 1)
agreement. (E E F M) 2. Optional Rule – either the lex loci celebrationis or their
national law. (*rule followed in most countries)
5. Validity is verified generally by Substantial or intrinsic validity is 3. Ecclesiastical Rule – formalities of both the lex loci
a reference to lex celebrationis. usually resolved by an inquiry celebrationis and the national law (imposing religious
into the law intended by the requirements). (*practiced in Spain and Palestine)
parties (lex loci voluntatis or lex
loci intentionem) II. ESSENTIAL or SUBSTANTIAL REQUISITES for FILIPINOS who marry
IN THE PHILIPPINES:
SYNOPSIS: Marriage as a Contract 1. Legal capacity
2. Consent
Factual Situation Celebrated Abroad Celebrated in 3. Authority of the person solemnizing the marriage
the Philippines 4. Marriage license
1. Between Filipinos Lex loci celebracionis; Others:
without prejudice to
exceptions under Arts. 1. Opposite sexes
26, 35 (1, 4, 5, 6), 36, 2. Celebration of marriage (marriage ceremony) although no
37, and 38 of the particular form is required; need not be in writing as signs
Family Code [bigamy, would suffice.

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• Thus, ‘common law marriage’ between Filipinos in the II. CELEBRATED ABROAD BETWEEN FOREIGNERS
Philippines (living together –cohabit- as husband and wife
without getting married) is not considered valid ‘for à valid here when validly celebrated abroad (lex loci celebrationis)
solemnization is required before a proper officer). st
Q1: A marriage in California between American 1 cousins will be
Q: Is a common law marriage between foreigners, which began abroad, recognized as valid in the Philippines if valid in the place of
valid in the Philippines? celebration. While it may be ‘incestuous’ under the Philippine law,
Art. 26 cannot be applied to foreigners. Otherwise, it is as if our
A: YES. Provided that it is valid in their national law according to the Family Code were to rule the world.
laws of the place where the relationship began.
Q2: If a Turk brings to the Philippines 4 wives, to all of whom he got
married validly in Turkey, should we recognize all 4 marriages?

CONFLICT RULES ON SUBSTANTIAL VALIDITY OF MARRIAGE: A: We distinguish. (1) Successional Rights. All the wives as well as
all the children should be regarded as legitimate because under Art.
I. CELEBRATED ABROAD BETWEEN FILIPINOS (Art. 26) 16, par. 2 of the Civil Code, the successional rights shall be
1. “All marriages solemnized outside the Philippines determined by the National Law of the deceased.
2. in accordance with the laws in force in the country where they
were solemnized (2) Cohabitation. Only the first wife will be recognized as legitimate
3. and valid there as such and the rest will be deemed as concubines (mistress kept by a
4. shall also be valid in this country husband in a conjugal dwelling).
5. except (polygamous, bigamous, and incestuous)” ~ caused by
nationality theory
*** *** *** *** *** ***
III. CELEBRATED ABROAD, MIXED MARRIAGES
1. “Where a marriage between a Filipino citizen and a foreign is
“If by one law the marriage is valid, and by another law the marriage is
validly celebrated
void, that which will uphold the validity of the marriage should be
2. And a divorce is thereafter validly obtained abroad
followed.”
3. By the client spouse, capacitating him or her to remarry,
4. The Filipino spouse shall likewise have capacity to remarry Q1: A Filipino girl marries her American first cousin in California
under Philippine law.” where such is deemed valid.
NOTE: A marriage inside the Philippine Consulate abroad between A: The marriage should be regarded as valid in both sides. After all,
Filipinos is considered as if the marriage has been celebrated not in the the marriage is considered valid where it was celebrated.
foreign country but right here in the Philippines.

PROBLEMS:
IV. CELEBRATED IN THE PHILIPPINES BETWEEN FOREIGNERS
st
Q1: Filipino 1 cousins got married in California, where the marriage
is considered valid. Will their marriage be recognized in the Should foreigners decide to marry in this country, their ‘capacity to
Philippines? marry’ shall be governed by their national law as evidenced by a
certificate of legal capacity to contract marriage issued by their
A: NO. Incestuous marriage, as governed by the laws of nationality, respective diplomatic or consular officials.
are prohibited under the Philippine laws.
Stateless persons or refugees from other countries shall obtain
certificate of legal capacity and submit an affidavit stating the
circumstances showing such capacity to contract marriage.
Q2: A Filipino step-brother married his Filipino step-sister in
California. Will our court recognize the validity of the marriage Hence, Chinese first cousins may validly marry here provided that such
abroad? marriage is recognized by Chinese law.
A: YES. The marriage is neither bigamous, polygamous, or incestuous V. CELEBRATED IN THE PHILIPPINES, MIXED MARRIAGES
as determined by Philippine law. The controlling law is Art. 26 and not
Art. 15 nor 17, par. 3 of the Civil Code. If a Filipino marries in the Philippines an American, the national law of
the Filipino should be followed. Otherwise, our public policy may be
In case of conflict between a particular provision and general militated against.
provisions, the former prevails.
VI. MARRIAGES BY PROXY
Art. 26 must be construed restrictively because it is a statute in
derogation of a natural right to get married. What the law does not à Is one were one of the parties is merely represented at the ceremony
include it excludes. And in case of doubt, the validity of marriage by a friend or a delegate.
should be favored.
• Void in the Philippines (if between Filipinos and in mixed marriages)
because physical presence of both parties are required under Art. 6
of the Family Code. (Not applicable if between foreigners when
recognized by their national law)

18

• NOTE: A marriage by proxy is regarded as celebrated in the place
where proxy appears).
• If performed abroad: lex loci celebrationis (between Filipinos,
foreigners, or mixed)

CHAPTER XIV – MARRIAGE AS A STATUS

19