CONFLICTS OF LAW favor of the foreign law, which for the time being,
Reviewer becomes itself, by will of the state, its municipal law.
PARAS, 1990, 1996
CHAPTER 1
 PHILIPPINE PRIVATE INTERNATIONAL LAW or
CONFLICT OF LAWS – any case which involves
facts occurring in more than one state or nation,
so that in deciding the case, it is necessary to
make a choice between the laws of the different
state or countries; presented whenever a legal
controversy arises in which there is a foreign
element (H.F. Goodrich)
 DEFINITION: [pdcw]That part of the municipal
law of a state, which directs its courts and
administrative agencies, when confronted with a
legal problem involving a foreign element,
whether or not they should apply a foreign law or
foreign laws.
o ELEMENTS:
1. It is a part of the municipal law of a state;
- not international in character; but refers to a
given problem with a foreign element.
2. There is a directive to courts and administrative
agencies;
- Admin. Agencies include DFA, Bureau of
Immigration, Securities and Exchange
Commission, and the like.
3. There is a legal problem involving foreign
element;
- In which case, the courts must look beyond
its own internal law
4. There is either an application or a non-
application of a foreign law(s).
- Refers not only to the laws of foreign states
but also the law of political subdivisions
which have their own legal system.
 In recognizing foreign legal system, do we implicitly
admit the inadequacy of our own jurisprudence?
NO. The very essence of a sovereign state is that it has no
superior. Each sovereign state is supreme within its own
limits. It is therefore within the power of such state to
exclude at any time any or all foreign laws from operating
within its borders. Hence, when effect is given to a
foreign law, it is only because the municipal law of that
state ‘temporarily abdicates’ its supreme authority in
 IMPORTANCE:
1. To adjust conflicting rights in international,
mercantile and corporate transactions; and
2. To solve personal, family, property and
successional, contractual problems, possessed of
facts or elements operating in two or mote
states.
 BASIC CAUSE FOR COL: ‘Variance’ in the
municipal laws of the countries involved.
 EXAMPLES OF DIVERSITY IN LAWS AND
INTERPRETATIONS
ORAL WILL
- Not allowed in PH but allowed in US.
MARRIAGE
- PH – monogamy; Muslim countries –
polygamy.
- PH allows articulo mortis but not mortis
causa.
- PH does not recognize divorce; US allows it.
 SCOPE OF FUNCTIONS
1. Determines of which country has jurisdiction;
2. (Choice of Law): Applicability to a particular case
of either the local or foreign law;
3. (Applicability of the foreign judgment):
Determines the force, validity and effectiveness
of a foreign judgment.
 HOW COL IS OBSERVED:
1. States must harmonize their own rule of equity
with the legislation and jurisprudence in other
lands.
2. Individuals must not evade our laws by going
elsewhere and resorting to a foreign forum.
Art. 71 of the Civil Code provides that incestuous
marriages, even if valid in the place of
celebration, cannot be countenanced in this
country.
 CONFLICT OF LAWS vs LAW OF NATIONS
Private International Law Public International Law
(Conflict of Laws) (Law of Nations)
1
 As to NATURE or CHARACTER c. Special laws
International in Character National, Municipal, or d. Treaties and conventions
local in character e. Judicial decisions
As to PERSONS Involved f. International customs
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
embargo, boycott, pacific in 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.
diplomatic immunity)
International law and (pluralist theory, based on
2. Treaty stipulations (i.e.
domestic law belong to positivism) domestic and
grant of bases which is a
only one system of law international law are two
waiver of jurisdiction
with international law different spheres of law.
within the terms
considered as superior to They would favor state
“necessary
domestic law law.
appurtenances…and
rights incident thereto.”
o May overlap:
v. Agreement vs Treaty (by De
 If State A should recognize the government
Leon, pp. 21)
of State B, the latter is given permission to
sue in the courts of the former.
2.Indirect
 But a sovereign state, whether recognized
a. Natural Moral Law – rule of human conduct
or not, cannot be made a defendant in a
implanted by God in our nature and in our
foreign country. This is in line with the
conscience urging us to do what is right and
“State Immunity from Suit.” Because aside
avoid what is evil.
from the fact that it is an insult against a
b. Work of Writers – writings that have influence
sovereign state, how can the judgment
judicial decisions on the subject.
ever be effectively enforced?
 Donald Baer Commander US Naval Base vs
Hon. Tito Tizon

 SOURCES
CHAPTER 2 (JURISDICTION)
1. Direct
What the Tribunals of the Forum Must Do
a. Constitutions
b. Codifications
 Alternatives Given to the Court
2
 1. When without jurisdiction – dismiss the case;
2. When with jurisdiction:
a. Refuse to assume jurisdiction on the
ground of “forum non conveniens;” or
b. Assume jurisdiction, in which case it may
either:
i. Apply the internal law of the
forum (lex fori); or
ii. Apply the proper foreign law (lex
causae)
 Question of Jurisdiction
 Jurisdiction – the authority of a tribunal to
hear and decide a case, as well as its power to
enforce any judgment it may render thereon.
 KINDS OF JURISDICTION:
1. Over the SUBJECT MATTER (conferred by laws;
authority of a court to head and decide cases of
the general class to which the proceedings in
question belong)
2. Over the PERSON (binding on the parties
involved: plaintif –acquired from the moment he
instituted the action; and defendant- acquired
by:
(1) voluntary appearance even through by motion or
simple manifestation of appearance except if the
purpose us to question the jurisdiction of the court
over his person;
(2) by service of summons which may either be
through personal service – serving a copy to the
defendant in person or by tendering it to him if he
refuses to receive it, or through substituted service – if
defendant cannot be served within a reasonable
time);
(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.
Action In Rem Action In Personam
Directed against Directed against a
the thing itself particular person(s)
Binding upon the Binding only between
whole world and among the parties
in the case
3. Over the RES (“particular” subject matter i.e. real
property; may be acquired by coercive seizure of
the property by attachment proceedings)
 How Service is Made on a Private Foreign
Corporation (Rule 14, Sec. 12)
o Corporation must be doing business in the
Philippines and not engaged merely on isolated
transaction
o Immaterial whether the business is doing illegal
or not
- On its resident agent
- On the government official designated by law
- Or any of its officers or agents within the Philippines
 Principle of Continuing Jurisdiction
- Even if the defendant leaves the state of the forum
prior to the final determination of the suit, the
jurisdiction that had been previously acquired over
him continues.
REFUSAL TO ASSUME JURISDICTION: forum non
conveniens
- Reason often given for refusal to assume jurisdiction is
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 another court may more
conveniently hear a case.
Instances where forum non conveniens may be invoked:
F E Ni C O
1. The evidence and the witnesses may not be readily
available;
2. The court dockets of the forum may already be
clogged;
3. Where “forum shopping” is ought to be curbed;
4. The forum has no particular interest in the case
(parties may neither be citizens or residents; subject
matter occurred elsewhere; cause of action not
related to the forum)
5. When other courts are open; the case may be better
tried in said courts.
Note: The doctrine should generally apply only if the
defendant is a corporation. If the defendant is an
individual, the proper forum might not acquire
jurisdiction over him (i.e. he may not be residing there),
leaving plaintiff without any remedy.
Application of the Principle:
1. If neither the plaintiff nor the defendant, nor the
cause of the action is related to the forum;
3
 2. In the interest of justice, where the suit is between
aliens or non-residents, or where the litigation can
more appropriately be conducted in a foreign tribunal.
ILLUSTRATION: Heine vs New York Insurance Co.
FACTS: German citizens brought insurance claims against the
New York Life Insurance Company, a NY based corporation,
issued in Germany before the Oregon Court in USA.
ISSUE: WON Oregon court may refuse to take cognizance of the
case on the ground of forum non conveniens.
HELD: YES. To require it to defend the action would impose
upon it great and unnecessary inconvenience and expense,
and probably compel them to produce numerous records from
Oregon to miles away from its home office. Also, it would
consume months to try to dispose of the case.
ASSUMPTION OF JURISDICTION
When jurisdiction is assumed, the forum may either apply
lex fori or the lex causae.
 Application of the Internal or Domestic Law
(Lex Fori): E N E C – P P A R
1. When the law of the forum expressly so
provides in its conflicts rules;
i. Art. 16, par. 1 (mandates the application of
lex situs or lex res sitae to all properties,
whether real or personal, found and
located here) - property transactions
ii. Art. 16, par. 2 (order and mount of
successional rights, intrinsic validity of
testamentary provisions, and capacity to
succeed). Hence, when a Filipino father
with a Chinese child dies, the estate of the
father shall be distributed in accordance
with the Philippine law because the
deceased is a Filipino national.
iii. Art. 80 (property relations of marriage) –
“In the absence of contrary stipulation in a
marriage settlement, the property relations
of the spouses shall be governed by
Philippine laws, regardless of the place of
the celebration of the marriage and their
residence except (1) where both spouses
are aliens, (2) with respect to the extrinsic
validity of contracts affecting property not
situated in PH and executed in the country
where the property is located, (3) with
respect to the extrinsic validity of contracts
entered into in the Philippines but affecting
the property situated outside the country
whose laws require different formalities for
its extrinsic validity. Examples:
o The matrimonial property regime is
governed by the national law of the
husband, not by the location of the property.
In PH, the presumed matrimonial property
relations shall be the ‘absolute community of
property.’ Hence, if a Filipino marries a
foreign woman, their property relations will
be absolute community of property. But if a
Filipina woman marries a foreign man, the
property relations shall be governed
depending on the national laws of the
husband.
iv. Art. 829 (revocation of wills)
2. When the proper foreign law (lex causae) has
not been properly pleaded and proved;
= there is no judicial notice of any foreign law.
 If not properly pleaded and proved, our courts
will presume that the foreign law is the same as
our local or domestic or internal law.
 Proof of Foreign Law
o If it is WRITTEN, it may be proved by an
(1) official publication thereof; or (2) a
copy of such accompanied with a
certificate issued by an officer having the
custody of the record.
o If UNWRITTEN, it may be proved by (1)
oral testimony of expert witness; or (2)
by printed and published books of
reports or decisions of the country
involved.
3. When the case involves any of the exceptions to
the application of the lex causae (exceptions to
‘comity’):
a. When the foreign law, judgment, or
contract is contrary to a sound and
established public policy of the forum;
Ex: incestuous marriage, joint will.
 Public Policy – the manifest will of a state.
 Contrary to Public Policy – when we already have
a conflicts rule or a rule governing a situation
where a foreign element is involved)
4
  NOTE: While foreign law may be contrary to our
law, it is not necessarily contrary to our public
policy.
 EXAMPLES:
 American dies, leaving properties in PH. He gave
nothing to his children in his will. Can his will be
given effect in PH despite the PH policy to grant
children their legitimes?
Yes. Art. 16 (2) of the Civil Code (a conflicts of rule)
provides that successional rights are governed by the
‘national law’ of the deceased.
 May an absolute divorce be obtained abroad by
Filipinos be given effect in the Philippines?
NO. Art. 15 of the Civil Code provides that ‘laws relating
to family rights and duties, or to the status, condition,
and legal capacity of persons are binding upon citizens of
the Philippines, even though living abroad” Frd – S – C - L
 May marriage between first cousins in California,
where it is valid, be recognized in the Philippines?
NO. Art. 71 of the Civil Code provides that ‘All marriages
performed outside the Philippines in accordance with the
laws in force in the country where they were performed
and valid there as such, shall also be valid in this country,
except bigamous, polygamous, or incestuous marriages
as determined by Philippine laws.
 May the marriage between a Filipino step
brother and his Filipina step sister in California
(valid there) be recognized in Philippines?
YES. For the simple reason that it is not bigamous, polygamous, or
incestuous. Statues which restrict natural rights, such as the right to
marry must be construed restrictively or strictly. What the law does
not include, it excludes. Inclusio union, exclusion est alterius. Thus, if a
marriage does not fall under the enumerated exceptions, it should
come under the general rule. Furthermore, Art. 71, which is our only
law on foreign marriages are ‘merely general provisions.’ It is well
known that in case of conflict between general and particular
provisions, the particular provisions should prevail.
b. When the foreign law…is contrary to almost
universally conceded principles of morality
(contra bonos mores);
Example: prostitution
c. When the foreign law…involves procedural
matters;
BASIS: There are no vested rights in the rules of
procedure; one must take the procedural formalities of a
forum in the state in which he finds them.
EXAMPLES:
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 country.
d. When the case involves penal laws, contracts,
judgments;
PENAL LAWS, CONTRACTS, JUDGMENTS = criminal laws; if
the purpose of penalty is to ‘remedy an act of injustice
against the general public’
EXAMPLES:
i. CRIMINAL STATUTES
A Filipino murders a friend in New York.
He cannot be prosecuted in the Philippines but by the
laws of New York. This is based on principle of
territoriality.
ii. CONTRACTS WITH PENALTY CLAUSE
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 ‘penalty clause’ be enforced in PH?
YES. Because ‘penalty clause’ should not be considered a
penalty.
e. When the case involves purely fiscal (revenue-
producing) or administrative matters;
A State should not be burdened with the task of implementing the
financing activities of other countries. Thus, if Filipino is assessed for
his income tax in New York and he decides to abandon his liability
there and comes back to PH to escape from the New York tax, NY
cannot successfully sue him in our courts for said liability. After all, a
tax liability ‘does not arise from a contract entered into with the
government concerned: it is a unilateral demand, a legal imposition
which can be successfully enforced only within the territorial
jurisdiction of the foreign state.
Similarly with administrative codes of alien governments, we cannot
be expected to assist in the implementation of foreign governmental
functions.
5
 f. When the application of the foreign law,
judgment, or contract, may work undeniable
justice to the citizens or residents of the forum;
Prevailing circumstances should naturally determine the
justness of a claim.
g. When the application of the foreign law… may
work against the vital interests and national
security of the state of the forum;
h. When the case involves real or personal property
situated in the forum.
 Instances Exempting the Application of Internal
or Domestic Law to Conflict of Laws:
1. A foreign sovereignty, diplomatic official, or
public vessel or property of another state is
involved;
2. The state accepted a limitation upon its
jurisdiction over certain persons or things of
another State through a treaty;
3. Foreign law has been pleaded and proved. (Rule
132, Sec. 25, ROC).
CHAPTER III – CHOICE OF LAW
Theories on Why the Foreign Law May in Some Cases Be
Given Efect CVL-HRJ
1. Theory of Comity – we apply foreign law because
of its ‘convenience’ and because we want to give
‘protection’ to our citizens, residents, and
transients in our land.
- Being voluntary and not obligatory, rests in the
discretion of the tribunals of the forum and is
governed by certain more or less recognized
rules.
 2 KINDS:
i. (Based on) reciprocity – “If the laws and
judgments of the forum are recognized in
a foreign state, the forum will in turn
recognize the laws and judgments
emanating from the said state.”
HILTON vs GUYOT: American Court cannot
enforce the French judgment which was
against an American national despite that
the American court deemed the French
trial as fair and impartial on the ground
that the French tribunals do not regard
American decisions with finality; applying
the principle of RECIPROCITY.
ii. (Based on) persuasiveness – If the forum
is persuaded that a foreign judgment is
meritorious and has been rendered by a
court of competent jurisdiction, it will
enforce that judgment in the forum even
if the forum does not reciprocate.
JOHNSTON vs COMPANIE GENERALE
TRANSATIANTIQUE: An American sued a
French corporation. Judgment was
rendered in favor of the corporation.
American tried again but in the American
court. The American found the French
judgment to be final.
“Comity rests, not on the basis of
reciprocity but upon the
persuasiveness of the foreign
judgment.”
 Note: A foreign final judgment “is presumptive
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, fraud, or clear mistake of law or fact.”
2. Theory of Vested Rights – Here we seek to
enforce not the foreign law itself but the ‘rights
that have been vested’ under such foreign law; a
right having been created by an appropriate law,
the recognition of its existence follows
everywhere.
- BASIS: PRINCIPLE OF TERRITORIALITY.
LOUCKS vs STANDARD OIL CO.: A NY resident was
killed in Massachusetts through reckless
imprudence of the defendant’s driver. A suit was
ensued in New York to “recover damages” on the
basis of a Massachusetts statute granting monetary
award in a case like this. Defendant alleges that NY
law cannot apply the Massachusetts law.
“Massachusetts law can be applied not necessarily
because it will be applied in NY but because the
vested right created under MSCTS law should be
recognized in NY. The fundamental policy is that
there shall be some atonement for the wrong.
6

3. Theory of Local Law – Foreign law is applied not
because it is foreign, but because ‘our own laws
require us to do so’ i.e. when a foreign law has
become part and parcel of our own local law.
4. Theory of Harmony Laws – so that wherever a
case is decided irrespective of the forum, the
solution should be approximately the same;
“identical problems must have identical solutions
anywhere.”
5. Theory of Justice – the purpose of all laws is the
dispensing of justice; if this can be attained by
applying the proper foreign law, we must do so.
6. Right Theory – the theories adverted to do not
mutually exclude one another.
COLLATERAL MATTERS
1. nature and proof of foreign judgments
2. nature and composition of the conflicts rules
3. characterization or classification of conflict rules
and judgments
4. various theories on status and capacity
5. The Problem of the Renvoi.
CHAPTER IV
NATURE AND PROOF OF FOREIGN JUDGMENTS
NATURE – A foreign judgment does not of itself have any
extra-territorial application. It may only be applied within the
territory of the tribunal using it.
For it to be effective in PH, it must be proved in accordance to
our rules.
RECOGNITION vs ENFORCEMENT
Recognition – our courts will allow said foreign judgment to be
presented as a defense to a local litigation
- Merely the sense of justice
- Does not require special action or special proceeding
Enforcement – exists when a plaintiff wants the courts to carry out
and make effective in the Philippines a foreign judgment.
- Implies a direct act of sovereignty
- Needs a separate action or proceeding to make the foreign
judgment effective
- 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
2. Judgment must be civil or commercial matter
3. Proper jurisdiction, notice (no collusion, extrinsic fraud, or clear
mistake of fact or law);
4. Judgment must not contravene a sound public policy
- unfaithful mother, awarded by a US court custody of her
child was denied said custody by our courts.
5. Judgment must be res judicata (final, based on merits, jurisdiction,
identity of parties – subject matter – cause of action)
EFFECT OF FOREIGN JUDGMENTS
1. Judgment against a specific thing – “conclusive upon the
title to the thing;”
2. Judgment against a person – is presumptive evidence of a
right as between the parties and their successors in interest.
 ONCE ENFORCED, AS IF ENFORCED BY OUR OWN COURT’S
JUDGMENT
CHAPTER V
NATURE AND COMPOSITION OF CONFLICT RULES
CONFLICT RULES (RULES OF PRIVATE INTERNATIONAL LAW) – provisions in a
country’s own law which covers a factual situation with a foreign element.
Kinds of Conflict Rules:
1. ONE-SIDED (Philippine Internal Law applies)
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)
Art. 16. “Intestate and testamentary successions (order of succession,
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 property and regardless where said property may be found.”
3. OTHERS
Art. 815: “When a Filipino is in a foreign country, he is authorized to
make 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 execution / lex loci celebrationis
Art. 1039: “Capacity to succeed is governed by the nation of the
decedent.” – law of nationality
Art. 1753: “The law of the country to which the goods are to be
transported shall govern the liability of the common carrier for their loss,
destruction, or deterioration.
Art. 26. “A marriage celebrated abroad is VALID in the place of
celebration, EXCEPT when the marriage is bigamous polygamous, or
incestuous. – lex loci celebrationis
7

CHAPTER VI – CHARACTERIZATION OF CONFLICTS
RULE
CHARACTERIZATION
- The process of determining under what category a certain set of facts fall
Steps in Characterization:
1. Determination of facts involved;
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 not accretion.
Art. 26. “A marriage celebrated abroad is VALID in the place of celebration,
EXCEPT when the marriage is bigamous polygamous, or incestuous.
3. Determination of the conflicts rule to be applied;
4. Characterization of the connecting factor;
5. Characterization of the problem as procedural or substantive;
6. Pleading and proving the proper foreign law;
7. Application of the foreign law to the problem.
Theories on Characterization
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
state which is the principal point of contract.
3. Universal Analytical Theory (comparative approach theory) –
characterization comes only after a general comparative analytical study of
the jurisprudence of all states involved. Common factors both in lex fori
and the lex causae are taken into consideration.
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 and lex causae) instead of considering worldwide
conceptions.
5. Autonomous Theory
6. Totality Theory – (1) get the characterization or the law intended by the
parties, and then (2) apply the characterization given by that intended law.
CHAPTER VII – VARIOUS THEORIES ON STATUS AND
CAPACITY
STATUS
– the place of an individual in a society; and consists of personal
qualities and relationships
Characteristics:
1. Conferred principally by the state, not by the individual;
2. A matter of public or social interest;
3. A concept of social order;
4. Generally supposed to have a universal character.
CAPACITY
- merely a part of status; the sum total of his rights and obligations
- capacity to act or judicial capacity
PERSONAL LAW
-Law that attaches to individual; governs one’s status, capacity, family
relations, and consequences of his actuations.
THEORIES ON PERSONAL LAW
1. National Law – law of his nationality governs
Art 15 – Family Rights, Duties, Status, Conditions, and Legal
Capacity
Art. 16 (2) – Order of Succession, Successional Rights,
Intrinsic validity of testamentary provisions
Art. 21 (Family Code) – capacity to contract marriage
Art. 1039 – Capacity to succeed is governed by the law of
the nation of the decedent. e
2. Domiciliary Law – domicile as the determinative law
3. Situs/Eclectic Theory – the place (situs) of an event is the
controlling law
CHAPTER VIII – NATIONALITY THEORY
-by virtue of which, the status and capacity of an individual is generally
governed by the law of his nationality; adopted in the Philippines
NATIONALITY AND CITIZENSHIP
Nationality – is membership in an ethnic, social, racial, and cultural group;
synonymously used with citizenship
Citizenship – membership in a political society.
 Thus, when we say that successional right to the estate of a person
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.
DEFECTS:
1. Refugees
2. Stateless individuals – What will be their personal law?
3. Dual or multiple nationality – What citizenship will control?
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”
 Government Officials who must be natural-born Filipinos:
a. Chief Justice
b. Associate Justices of the Supreme Court
c. Senate President
d. Members of the Senate
e. Speaker and Members of the HOR
f. Chairmen and Members of the Constitutional
Commissions: CSC, COA, COMELEC
2. Naturalized citizens – not natural-born citizens; who become such
through judicial proceedings (Art. IV, Sec. 1(4), 1987 Consti)
3. Citizens by election – by virtue of certain legal provisions, become
such by choosing or electing Philippine citizenship at the age of 21
or within a reasonable time thereafter.
2 THEORIES ON DETERMINING CITIZENSHIP
1. Jus Soli – If born in a country, a person is a citizen of the same.
8
 2. Jus Sanguinis – “citizenship by blood;” Follows the citizenship of his
parents
 Art. 2, Hague Convention of Conflict of Nationality Laws:
“Any question as to whether a person possesses the nationality of a
particular state should be determined in accordance with the law
of the state.”
Illustration:
A Chinese applicant for naturalization had all the qualifications and none of the
disqualifications.
OSG objected on the ground that he did not obtain permission to renounce
Chinese citizenship.
(A) The applicant can be naturalized because in our country, it is
insignificant that he disobeyed Chinese laws. What matters is his
compliance with our laws.
(Q) What if he is still regarded as Chinese citizen in China?
(A) This is not a case of dual citizenship. (1) Insofar as the Philippines is
concerned, he is a Filipino. And (2) insofar as the China is concerned, he
may 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
1. Same person as above (Fil-Chinese) died in France, leaving properties in PH.
What law governs the successional right of the decedent?
(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
law shall control the successional rights to his estate. (Art. 16, par. 2, Civil
Code)
2. Chinese-Japanese died in Manila, leaving properties in the Philippines. Prior
to his death, he was domiciled in Japan.
(A): Japanese law shall apply because he was both a citizen and
domiciliary of Japan. If it is evident that the deceased considered the
domicile as the more effective connecting factor for his personal law,
THEORY OF EFFECTIVE NATIONALITY APPLIES.
DOMICILIARY THEORY applies “if the deceased is not a citizen of the
forum, the law of the nation of which he was both a national and a
domiciliary governs.”
3. (ART. 5, Hague Convention on Conflict of Nationality Laws) “…a third state
shall apply the nationalities based on either the (1) nationality of the country in
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
connected to.
4. Cuban Singaporean was domiciled at the time of his death in Italy. He died in
Alaska, leaving properties in the Philippines. What law governs his successional
rights?
(A)
1. First, get the Cuban and Singaporean law on succession and apply them
harmoniously; (law of nationality)
2. Secondly, in so far as there is a conflict, refer to the law of Italy (law of
domicile)
Modalities of Acquiring Dual/Multiple Citizenship: (F L V C)
1. Through a naturalized citizen’s failure to comply with certain legal
requirements in the country of origin.
2. Combined application of “jus soli” and “jus sanguinis;”
3. By legislative act of States;
4. By voluntary act of the individual.
STATELESS INDIVIDUALS: (D R V C)
1. Deprived of his citizenship (by committing a crime)
2. Renounced his nationality (by certain act, express or implied)
3. Voluntarily asked for release from original state
4. When born in a state that applies only the principle of jus sanguinis, whose
parents are governed with laws recognizing only jus soli.
Personal Laws of Stateless Individuals
1. The law of domicile or habitual residence. – applies on successional rights.
2. Law of the place of temporary residence.
JUDICIAL ACTIONS/REMEDIES ON CITIZENSHIPS (J O F I)
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
a Filipino; went to the court to seek a declaration of Philippine citizenship
3. Injunction – One claims to be a Filipino citizen; Bureau of Immigration
requires them to register as aliens
4. Oath of Allegiance – An illegitimate daughter of a Filipino mother (was
erroneously registered as an alien) married an alien. She later petitioned for
judicial repatriation.
Filipina Woman Who Marries an Alien
(Art. IV, Sec. 4, 1987 Constitution) “Citizens of the Philippines who marry aliens
shall retain their citizenship, unless by their act or omission they are deemed,
under the law, to have renounced it.”
Filipino Male Who Marries an Alien
“An alien woman marrying a Filipino, native-born or naturalized, becomes ipso
facto a Filipino provided she is not disqualified to be a citizen of the
Philippines under Sec. 4 of the the Revised Naturalization Law.’
Alien Woman Married to an Alien Husband Who Takes Oath
of Allegiance as a Filipino Citizen
The alien woman follows the Philippine citizenship of her husband the
moment he takes his oath, provided she is not disqualified under the
law.
Thus, it is not necessary for an alien to prove in a judicial proceeding that she
posses all the qualifications and none of the disqualifications under the
Revised Naturalization Law.
CITIZENS OF THE PHILIPPINES, 1987 CONSTITUTION
1. Who are citizens of the Philippines at the time of the adoption of
this Constitution;
2. Whose fathers or mothers are citizens of the Philippines;
3. Born before January 17, 1973, of Filipino mothers, who elect
Philippine citizenship upon reaching the age of majority.
4. Those naturalized in accordance with the law.
Derivative Citizenship – Those who become citizens of the
Philippine by virtue of their election benefits not only the
individual himself but also his children.
Chiongbian vs De Leon
Victoriano Chiongbian – born in the Philippines of foreign parents;
elected as councilor; has a son, William (still a minor at the time of the
adoption of Philippine Constitution). Cancellation of registration of
vessels sought against William on the ground that he is not a Filipino
citizen – that the grant of citizenship to his father by virtue of his
election to a public office is strictly personal and cannot be so
considered on William.
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(A) “William is a Filipino by virtue of the fact that he was still a minor
when his father became a Filipino citizen.”
Children of Filipino Fathers
1. When already of age at the time of the parent’s
naturalization, they do not become Filipino citizens unless
they themselves be naturalized.
2. Minors born outside the Philippines (before naturalization of
parents) – must reside here
3. Minors born outside the Philippines (after naturalization of
parents) – law requires registration
NATURALIZATION
-the process of acquiring the citizenship of another country, either by
compliance with the formalities of the law (judicial hearing and
approval of the petition) or by acts of marriage.
Attributes:
1. Citizenship is not a right, it is a privilege
a. requires full and strict compliance with legal
requisites;
b. burden on the applicant to show he has complied
with all conditions imposed by law;
c. petitions involve public interest, hence, even if
objections had not been raised in the trial court,
higher tribunal may subject the entire records to
scrutiny.
Qualifications of Petitioner:
1. Must be not be less than 21 years on the date of the hearing of
petition;
2. A resident for a continuous period of 10 years;
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;
iii. Held office in the government;
iv. A teacher;
v. Was born in the Philippines
3. Of good moral character;
4. Owns real estate in PH not less than P5,000; or must have
lucrative trade, profession or lawful occupation;
5. Can speak and write English or Spanish AND any of the principal
Philippine languages; - a deaf-mute cannot speak, therefore he
cannot be naturalized.
6. Must have enrolled his minor children in Philippine schools where
Philippine history, government, and civics are taught.
Disqualifications:
1. Who opposed to the government or affiliated with a group who
uphold doctrines opposing the government;
2. Teaching or defending violence, assault, or assassination;
3. Polygamists or believers in the practice of such;
4. Convicted of a crime involving moral turpitude;
5. Suffering from mental alienation or incurable contagious decease;
6. Have not mingled socially with Filipinos or who have not evinced a
sincere desire to learn and embrace Filipino customs, traditions, and
ideals;
7. Subjects of nations with whom the US and PH are at war;
8. Subjects of a foreign country whose laws do not grant reciprocal
rights on naturalization
Steps in Naturalization Proceeding: (F P P H – R O)
1. Filing of declaration of intention to become a Filipino citizen;
2. Petition for naturalization must then be filed in court;
3. Publication in the Official Gazattee;
4. Hearing of the petition;
5. If approved, there will be a re-hearing 2 years after;
6. Taking of the oath of allegiance.
Grounds for Cancellation of Naturalization:
1. Naturalization certificate was obtained fraudulently or illegally;
2. If it is shown that the person will return, within 5 years following
issuance of said certificate, to his native country and establish a
permanent residence therein;
3. Invalid declaration of intention;
HOW CITIZENSHIP IS LOST:
1. Substitution of a new nationality – becoming a naturalized citizen of
a foreign state;
2. Renunciation – may be expressed or implied (subscribing to an oath
of allegiance of a foreign country;
3. Deprivation – as a form of punishment for committing a crime;
4. Release – (is voluntary) person asks the permission of his country to
be freed from citizenship therein. (not provided for under our law so
no prior permission is needed; only renunciation);
5. Expiration – long stay abroad (not applicable to PH); applies to
naturalized foreigners who within 5 years after naturalization,
permanently resides to foreign country;
HOW PHILIPPINE CITIZENSHIP IS REACQUIRED:
1. BY NATURALIZATION;
2. REPATRIATION;
3. DIRECT ACT OF NATIONAL ASSEMBLY;
CHAPTER IX – DOMICILIARY THEORY
DOMICILIARY THEORY IN CONFLICTS OF LAW
- Is the theory that in general the status, condition, rights, obligations,
and capacity of a person should be governed by the law of his
domicile.
DEFECTS:
1. Various countries have varying concepts as to the real
meaning of domicile.
2. Domicile is comparatively easier to change than nationality.
3. For ulterior motives, persons may pretend to be
domiciliaries of one state when in truth their domicile may
be elsewhere.
DOMICILE NATIONALITY/CITIZENSHIP
*one’s permanent place of *indicates ties of allegiance and
abode loyalty
A person may be a citizen or national of one state, without being a
domiciliary thereof; conversely, one may possess his domicile in one
state without necessarily being a citizen or national thereof.
IMPORTANCE OF KNOWING DOMICILE
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 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
the law of the place where the will was made, or according
to the law of the place in which the testator had his domicile
at the time; and if the revocation takes place in this country,
when it is in accordance with the provisions of this Code.”
2. Both the domiciliary and the nationality theories are used:
Art. 816, “The will of an alien who is abroad produces effect
in the Philippines if made with the formalities prescribed by
the law of the place in which he resides, or according to the
formalities observed in his country, or in conformity with
those which this Code provides.”
3. It often runs to the rescue of the nationality theory in
solving conflicts problems posed by ‘stateless individuals’
and by those possessed of a ‘dual or multiple citizenship.’
DEFINITION OF DOMICILE - is that place where a person has certain
settled, fixed, legal relations because:
3 KINDS OF DOMICILE
1. Domicile of Origin
o It is assigned to him by the law “at that moment of
birth;”
o Applies only to infants;
o Never changes for a person is born only once;
o Fixed by law.
2. Constructive Domicile or Domicile by Operation of Law
o Assigned to him by the law “after birth” on account of
legal disability caused for instance by minority, insanity,
or marriage in the case of a woman; or
o Refers to all those who lack capacity to choose their own
domicile (infants, married women, idiots, and insane).
Legal disabilities prevent their making a choice;
o May change from time to time;
o Fixed by law.
3. Domicile of Choice
o Because he has his home there, whenever he is absent, he
intends to return.
o (not fixed by law) but a result of the voluntary will and
action of the person concerned.
RULES FOR THE DOMICILE OF ORIGIN (DOMICILIUM ORIGINS)
1. Legitimate Child – is the domicile of choice of his father at
the moment of the birth of the child.
Example: If a Filipino child is born in France at the time
that his father is domiciled in Japan, the domicile of
origin of the child is in Japan.
If the child is posthumous (one born after the death of
the father), its domicile of origin is the domicile of
choice of the mother.
2. Illegitimate Child – is the domicile of choice of the mother
at the time of the birth of the child.
3. Legitimated child (an illegitimate child who subsequently is
granted the status of a legitimate child by the process called
legitimation) – is the domicile of the father at the time of
birth (not at the time of legitimation) of the child. Because
“the effects of legitimation shall retroact to the time of the
child’s birth – Art. 180)
4. Adopted Child – is not the domicile of the adopter but the
domicile of the real parent or parent by consanguinity.
5. Foundling (an abandoned infant whose parents are
unknown) – is the country where he/she was found.
Q: Suppose the parents become known, what will be the
domicile of the origin of the foundling?
A: He/she is NOT a foundling, and therefore cannot have a
domicile of origin as a foundling.
RULES FOR THE CONSTRUCTIVE DOMICILE (DOMICILIUM
NECESARIUM)
A. Rules for Infants
1. Legitimate – domicile of choice of either the mother or father
Example: If at the time the child is 6 years old, the domicile
of choice of either the father or mother is in California, then
it will be the constructive domicile of the child at that age. If
he reaches the age 6, the father or mother is already
domiciled in China, China will be the constructive domicile of
said child at the age of 11.
*In case of death of either parent, the domicile of the
surviving parent governs.
*If both parents are dead, the constructive domicile of the
parent who died later governs.
2. Illegitimate – the domicile of choice of the mother
3. Adopted – domicile of the adopter.
4. Ward – domicile of choice of guardian.
B. For Married Women:
1. If the marriage is valid – domicile of choice of both husband or
wife. *In case of disagreement, the exercise of choice of either
spouse will no longer be constructive but a domicile of choice.
2. If the marriage is voidable (valid until annulled) – Should she
continue being domiciled in the same place as her husband, such
would be a domicile of her choice.
3. If marriage is void – She had no constructive domicile. Same
rule above should she choose the domicile of her husband.
C. Rule for Idiots, Lunatics, and the Insane
1. If below age of majority – rule on infants applies
2. If above age of majority:
a. If with guardians – domicile of choice of their
guardians
b. If without guardians – their domicile of choice
shortly before they became insane or during their
lucid intervals.
RULES FOR DOMICILE OF CHOICE (FUNDAMENTAL PRINCIPLES)
1. No natural person must ever be without a domicile.
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2. ONLY ONE DOMICILE. No person can have 2 or more
domiciles at the same time, except for certain purposes, and
from different legal viewpoints.
o “While a person may have more than one
residence, he can only have one domicile or place
of habitual residence.”
o Otherwise, the law to follow the person would be
indeterminate in certain cases.
o But one may have more than one domicile as to
purposes, i.e one domicile is for purposes of
taxation and the other is for the purpose of
obtaining a legal separation.
CASES
1. In Re Dorrance’s Estate (from Penn)
Facts: Mr. D, a resident of New Jersey, bought an estate in
Pennsylvania, where he began to live with his wife and child. He
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).
Held: He was domiciled in Penn as shown by his conduct,
notwithstanding his expressed desire to have NJ as his domicile
as such is self-serving and contrary to his actual conduct.
2. In Re Dorrance’s Estate (from NJ)
Issue: WON Penn decision is binding in NJ.
Held: No. The domicile of the deceased was in NJ as evidenced
by his intention to return there, notwithstanding actual
residence in Penn. In view of the animus manendi, he never lost
his NJ domicile. A man may choose his own domicile; the
motive that may prompt him is immaterial.
3. CHANGE. Every sui juris may change his domicile.
o For a change of domicile intention to reside elsewhere
without actual residence in the place chose will not be
sufficient.
o On the other hand, actual residence in a new place without
intention to make it the permanent abode will not also be
enough.
o Thus, to effect ‘change’ in domicile, ACTUAL STAY and
INTENTION must concur.
4. RETENTION. Once acquired, it remains the domicile unless a
new one is obtained:
a. By a capacitated person;
o (not applicable) because of lack of voluntariness:
i. infants, idiots, lunatics, insane,
ii. convict or a prisoner (his domicile of choice is
the one previously possessed by him, unless he
deliberately makes the new locality his
permanent home, after he gets out of prison);
iii. involuntary exiles (compelled by the command
of a superior political power to abandon their
country) – domicile of choice is their previously
existing domicile
iv. soldiers – domicile at the time of their
enlistment
v. public officials and employees, diplomats, and
consular officers – domicile of choice is their
previously existing domicile.
b. With freedom of choice;
c. With actual physical presence in the place chosen;
d. And a provable intent that it should be one’s fixed
and permanent place of abode (one’s home); that
there should be “animus manendi” or intent to
remain or “animus nonrevertendi” or intent NOT
to return to the original abode.
o For ‘retention’ of old domicile – there need not be a
concurrence of ACTUAL STAY and INTENT for unless a
new domicile is acquired, the old one is retained.
Hence, one may retain his old domicile so long as he
resides there OR so long as he intends to return.
o “Intention without residence or residence without
intention will not suffice for the acquisition of a
domicile BUT will be sufficient for the retention of an
existing domicile.”
CASES:
1. VELILLA VS POSADAS
Mr. M lived and worked in Manila for more than 25 years. He
wandered around the world until he died in Calcutta.
ISSUE: Where was his domicile at the time of his death?
HELD: Philippines. Because he never acquired any domicile in a foreign
country despite wandering abroad. To efect abandonment of one’s
domicile, there must be a (1) deliberate and provable choice of new
domicile, coupled with (2) actual residence in the place chosen, with a
(i) declared and (ii) provable intent that it should be one’s fixed and
permanent place of abode, one’s home.
2. GALLEGO vs VERA
TO ACQUIRE A NEW DOMICILE OF CHOICE, WHAT THINGS MUST
CONCUR?
1. Residence or bodily presence in the new locality (must be
actual);
2. Intention to remain there (must be for an indefinite period);
3. Intention to abandon the old domicile.
 There must be an animus manendi or an animus non
revertendi. The acts of the person must conform with his
purpose. The change of his residence must be voluntary.
3. TESTATE ESTATE vs BOHANAN
Testator was born in Nebraska;
Had properties in California;
Had temporary but long residence in the Philippines;
In his will executed in Manila, he stated that his domicile and
permanent residence be in Nevada.
HELD: His permanent domicile in the US depended upon his personal
intent or desire. Nobody else but the testator can choose his own
domicile or permanent residence for him, because such choice is his
exclusive and permanent right.
4. IMELDA MARCOS AND BUTZ AQUINO CASES
IMELDA MARCOS vs COMELEC
Imelda was proclaimed as the duly elected representative of 1st district
of Leyte. Respondent Montejo asked the Comelec to disqualify Imelda
for the lack of 1-year residency requirement. Marcos argued however
12
that she has been a resident of the area since childhood and has not
abandoned her residency.
SC declared Imelda was qualified to run and be elected therein
basically on the ground that the challenged Comelec resolution are
null and void for lack of jurisdiction (must be filed in HRET).
AQUINO vs COMELEC
Comelec has barred Butz Aquino from assuming the post of
representative for 2nd district in Makati on the ground of ineligibility
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
(must be filed in HRET).
SC did not proclaim Syjuco (respondent), who garnered the 2 nd spot,
on the ground that a candidate who got the 2nd-highest number of
cotes cannot be proclaimed winner since he is not the choice of the
electorate.
DOMICILE RESIDENCE
Permanent (habitual) temporary
Only one Can have more than one
Fixed permanent residence to Used to indicate abode,
which when absent, one has whether permanent or
intention of returning temporary
 Residence is not domicile but domicile is a residence,
coupled with intention to remain for an indefinite time.
CHAPTER X – SITUS OR ECLECTIC THEORY
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.
2 Kinds of Participation of the Individual Concerned:
1. If the participation is active (as when he does the act
voluntarily)
o the governing law is the law of the ACTUAL SITUS
(the place of the transaction or event);
2. If the participation is passive (as when the effects of the act
are set forth in the law)
o t the governing law is the law of the LEGAL STATUS
(legal situs of an individual is supposed to be his
DOMICILE)
Examples:
1. Q: 2 Filipinos, domiciled in Japan, get married in California.
What law governs:
a. The validity of marriage:
b. The marital obligations of husband and wife:
A:
a. The act of getting married is a voluntary one.
Hence the participation of the man and a woman
is active. In which case, the governing law is the
actual situs or where the marriage took place,
which is in California. Hence, California law
governs the validity of marriage.
b. The marital obligations are not fixed by them but
are imposed by law. Hence, their participation in
this matter is passive. The governing law is thus
the legal status, which is the domicile of the
parties. Since they are domiciled in Japan, their
marital rights and obligations are governed by
Japanese law.
Note, however, that the Philippine law does not
follow the situs theory. Applying our law, the
answers would be different:
a. If the marriage is valid in California, the marriage is also
valid in the Philippines (situs theory) except if the
marriage is bigamous, polygamous, or incestuous.
b. Their PERSONAL marital obligations are governed by
Philippine law under Art. 15 of the Civil Code
(Nationality Theory).
Their PROPERTY relations are also governed by
Philippine law (Nationality Theory) by virtue of Art. 80
of the Family Code.
2. Q: What law governs the capacity of a German to alienate
his 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
are in the Philippines, Philippine law governs. Art. 16, par. 1 of
the Civil Code likewise applies in this case.
CHAPTER XI – PROBLEM OF THE RENVOI
Renvoi – literally means “referring back”
The problem arises when there is a doubt as to whether a reference to
a foreign law is a reference to the:
(1) internal law of said foreign law, or
(2) to the whole of the foreign law, including ‘conflicts’ rules.
o In the latter case, if one state follows the nationality
theory, and the other state follows domiciliary theory,
there is a possibility that ‘the problem may be referred
back’ to the law of the first state.
Example:
An English domiciliary of the Philippines dies in Manila, leaving his
English child.
ISSUE: Should the successional rights of the child be governed by
English internal law on succession or by Philippine internal law?
If internal law is applied on succession:
English law will govern.
If the whole law of England, including conflict rules:
English conflicts rule will govern: by the law of domicile at the
time of his death (Philippine law)
13

Proposed Solutions:
1. REJECT RENVOI
2. ACCEPT – We referred the matter (mentally) to the English
Law and the England referred it back to us.
3. Follow the Theory of Desistment / Mutual-Disclaimer of
Jurisdiction theory – We desist or refrain from applying
English Law, being inadequate as it is founded on a different
basis.
4. Use Foreign Court Theory – Our Courts will put itself in the
position of the foreign Court. (“follow the leader”)
DOUBLE REVOI – Occurs when the local court in adopting the Foreign
Court Theory, discovers that the foreign court accepts the renvoi.
TRANSMISSION – the process of applying the law of a foreign state
through the law of a second foreign state.
Example: An Italian domiciled in the Philippines dies in England.
If the case is tries in England, then the English Court (follows
‘domiciliary theory’) refers to the law of the Philippines. But
Philippines refer the matter to Italy (follows ‘nationality theory’).
Hence, England now applies Italian law. There was transmission.
Renvoi Transmission
Deals with 2 countries Deals with 3 or more countries
“referring back” “transmitting”
Implications of Renvoi and Transmission
1. Both renvoi and transmission may not apply only to
successional rights but also to marriage and other contracts
and agreements.
2. Both problem may occur even if (in renvoi) the two countries
both adhere to, say, nationality theory or to domiciliary
theory.
EXAMPLES:
1. 2 citizens of State X (Nationality Theory) marries in State Y
(Nationality Theory).
State Y says: If foreigners marry here, their marriage is valid
provided that it is also valid in the country of which they are
citizens.
State X: will not be confronted by the problem of renvoi. Is
the reference in their conflicts rule to the foreign law a
reference to the foreign INTERNAL law on marriage or a
reference to the WHOLE of the foreign law?
2. TRANSMISSION IN MARRIAGE: 2 Filipinos domiciled in China
married in England.
PH Law: “If marriage is valid where it is celebrated, it will
generally be valid here in the PH.”
However, if England law says: “Marriages in England
between foreigners shall be considered valid here ONLY if
they are recognized valid in their law of domicile.
Now then, PH courts will have to apply the law of China,
thru the law of another sate, England. This is a case of
transmission.
ARGUMENT IN FAVOR OF EACH PROPOSED SOLUTIONS FOR RENVOI
1. REJECTION OF THE RENVOI
2. ACCEPTANCE OF RENVOI
a. In contrast, if all countries accept renvoi, each
country will ultimately apply its own internal law. If
all does such, there would be a discord. Harmony
would result only if one state accept renvoi and
the other rejects it.
3. DESISTMENT THEORY
4. FOREIGN COURT THEORY
PHILIPPINE LAW ON THE MATTER
In the case of IN THE MATTER OF TESTATE ESTATE OF THE
DECEASED EDWARD CHRISTENSEN, his acknowledged natural
daughter, Helen, claims that under Art. 16, par. 2 of the Civil Code,
California law should be applied. But since the matter was referred
to the law of domicile (Philippine law), the share of Helen must be
increased in view of successional rights of illegitimate children in the
Philippines.
On the other hand, the respondent contends that the national law
of the deceased must apply (California Law), in which there are no
compulsory heirs and consequently a testator could dispose off any
property possessed by him in absolute dominion and that
illegitimate 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.
HELD: Court granted more successional rights to Helen in effect that
there are 2 rules in California on the matter: (1) internal law – should
apply to Californians domiciled therein, and (2) conflicts rule –
applies to Californians domiciled outside the same.
California law provides, “If there is no law to the contrary in the
place where personal property is situated, it is deemed to follow the
person of its owner and is governed by the law of his domicile.”
If a California citizen dies domiciled in the Philippines, our courts are
compelled to apply the National Law of the deceased. But since
California law itself refers back the matter to the Philippines (place
of domicile), we may have no alternative but to accept the same.
Substantially, this is the theory of the single renvoi or the theory of
acceptance of the renvoi. To do otherwise, ie. To refer back again the
matter to California, with the possibility that the problem will once
again be returned to us, would give rise to ‘international football.’
TESTATE ESTATE OF AMOS BELLIS vs BELLIS
Facts:
Amos Bellis was a citizen and resident of Texas at the time of his
death.
In his two wills, one disposing his Texas properties, and the other his
Philippine properties.
He recognized in both wills that his illegitimate children be not given
anything.
Texas Law has no conflicts rule governing successional rights.
Texas Law has no compulsory heirs and thus no legitimes.
14
Illegitimate children opposed the will on the ground that they have
been deprived of their legitimes to which they are entitled if
Philippine law were to apply.
ISSUE: Are the illegitimate children entitled to properties of the
deceased.
HELD: NO. Texas Law must be applied because it is the national law of
the deceased.
Renvoi doctrine in Edward Christensen case cannot be applied.
Said doctrine is pertinent where the decedent is a national of one
country, and a domiciliary of the other. In this case, the decedent was
both a national and domiciliary of Texas at the time of his death.
But if Texas has conflicts rule adopting the situs theory (lex rei
sitae), calling for the adoption of the law of the place where
properties are situated, renvoi would arise since the properties herein
involved are in the Philippines.
Oppositors pointed out that the execution of 2 will convey that the
testator intended Philippine law to govern his Philippine estate.
Assuming so, it will NOT alter the law that “a provision in a foreigner’s
will to the effect that his properties shall be distributed in accordance
with Philippine law and not with his national law, is ILLEGAL AND VOID
of his national law.”(Miciano vs Brimo)
---- midterms end ----
---- continue for finals ----
CHAPTER XII – RULES ON STATUS IN GENERAL
SYNOPSIS OF THE RULES ON STATUS IN GENERAL
Art. 15, Civil Code. “Laws relating to family rights and duties, or to the legal
capacity of persons are binding upon citizens of the Philippines, even though
living abroad.”
1. Beginning of personality (natural persons)
2. Ways and effects of emancipation
3. Age of majority
4. Use of names and surnames
5. Use of tiles of nobility
6. Absence
7. Presumption of death and survivorship.  Lex Fori (Arts. 43,
390, 391 of Civil Code; Rule 131, Sec. 5 (jj) of Rules of Court)
I. BEGINNING OF PERSONALITY (Art. 40, 41)
Art. 40. “Birth determines personality; but the conceived child shall be
considered born for all purposes that are favorable to it (donation,
acknowledged, support), provided it be born later with the conditions
specified in the following article.”
Art. 41. “For civil purposes, the fetus is considered born if it is alive at
the time it is completely delivered from the mother’s womb. However,
if the fetus had an intra-uterine life of less than 7 months, it is not
deemed born if it dies within 24 hours after its complete delivery from
the maternal womb.”
Notes:
1. Presumptive personality – personality does not begin at
birth, it begins at conception; provided that the birth should
occur later; otherwise, fetus is deemed to have never
possessed legal personality. (human form not required)
2. Efects: If Arts. 40 and 41 are not complied with, “birth and
death will not be recorded in the Civil Registry.”
3. 2 Kinds of Children:
i. Ordinary – with an intra-uterine life of at least 7 months;
ii. Extraordinary (not premature) – if the intra-uterine life
be less than 7 months. (Here, the child must have lived
for at least 24 hours after its complete delivery from
maternal womb).
4. Art. 40 and 41 apply only to Filipino babies. If the child be a
foreigner, the beginning of its personality depends upon its
national law. (Art. 15)
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 3 hours after complete separation from maternal womb.
The law of State X vests legal personality upon the child in
such case. Does the child acquire personality?
A: Yes. Because this is a matter that depends upon his national
law.
II. WAYS AND EFFECTS OF EMANCIPATION
Ways of Emancipation:
1. Marriage by the minor (Art. 234, Family Code)
a. Father cannot get daughter’s custody fro husband
in view of the emancipation.
b. However, if in case of a voidable marriage, and the
marriage is annulled, it was as if he was never
emancipated.
2. Attainment of the age of majority
3. Parental concession; child must be at least 18 and must
consent thru recording in the Civil Register of an agreement
in a public instrument executed by the parent exercising
parental authority and the minor at least 18 years of age.
Such emancipation shall be irrevocable.
4. Judicial concession (child must be at least 18 and must
consent) – final and irrevocable
5. Orphan who is a minor: by concession upon an order of the
Court.
III. AGE OF MAJORITY (Art. 234)
“Emancipation takes place by the attainment of majority (18 years).”
Problems:
1. Q: A citizen of State X wants to apply for Philippine
naturalization (requires 21 years old). In State X, he is already
considered major age at 19 years old. At that age, may he
already file his petition to be a Filipino citizen?
A: YES. Provided that at the time of hearing of the petition, he
is already 21 years old. If he is not yet 21 years of age, the
hearing of the petition will have to be postponed,
notwithstanding the act that in his own country, he has
already reached the age of majority. Because rules on
15
 naturalization and nationality are dependent purely on our
laws.
2. Q: A female from State X marries a Filipino, but because she is
a deaf-mute, she does not become a Filipino. The marriage
however is valid. Now then, assume that she is only 18, but in
State X, marriage makes her a person of major age. Is she still a
minor?
A: NO, in view of the marriage.
IV. USE OF NAMES AND SURNAMES
 Legitimate children – surname of the father (Art. 364)
 Adopted child – surname of the adopter (Art. 365)
 Legitimated children – surname of the father
 Children conceived before the decree annulling a voidable
marriage – surname of the father
 Illegitimate children – surname of the mother, unless
recognized by the father.
 Married woman may use (Art. 176):
1. Maiden first name + surname + husband’s surname;
2. Maiden first name + husband’s surname;
3. Husband’s full name, but prefixing a word indicating
that she is his wife, such as “Mrs.”
V. TITLES OF NOBILITY
“An Englishman who may have such a title is allowed to use the same
in our country as the right to use a title of nobility depends upon the
national law of an individual. But if he applies for Philippine
naturalization, he must renounce any hereditary title or order of
nobility he possesses as such titles of royalty or nobility are not
allowed under our Constitution.
VI. ABSENCE
Absence, being the legal status of a person who disappears from his
domicile, his whereabouts being unknown, is governed by the national
law. Our courts also have jurisdiction to declare an alien domiciliary in
the Philippines as absent under Arts. 384-386 of the Civil Code.
 Judicial declaration of the absence shall not take effect until
6 months after its publication in a newspaper of general
circulation.
 2 years - without any news or since the receipt of the last
news about the absentee
 5 years – in case the absentee has left a person in charge of
administration of his property
VII. PRESUMPTION OF DEATH AND SURVIVORSHIP
PRESUMPTION OF DEATH (Arts. 390–391)
Lex Fori (internal law) – governs the rules on presumption of death,
regardless of the nationality involved. Why? Because in certain cases,
“there may be a burden of proof.”
 (Art. 390) Ordinary Absence (Death is presumed to have occurred
on the last day of the period):
 After absence of 7 years – presumed dead for all purposes,
except for those of succession (after 10 years)
 Absence of 5 years – disappeared after the age of 75 years
(succession to be opened)
 (Art. 391) Qualified or Extraordinary Absence (Death is presumed
to have occurred at the beginning of the period):
 4 years – on board a vessel lost during a sea voyage; missing
airplane; in the armed forces who has taken part in war; in
danger of death under other circumstances and his
existence has been unknown.
NOTES:
1. A person shall not be declared presumptively dead by the
court even after the lapse of the periods because (1) such a
declaration would be useless since such a presumption is
already given in the law itself; and (2) because such a
judgment can never be final in the sense that is may turn out
that the person concerned is still alive.
2. But when property rights are involved, such a judicial
determination of presumptive death may be made.
RULES ON SURVIVORSHIP (Art. 43; Rule 131, Sec. 5 (kk and jj) of
RoC):
 Art. 43. “If there is doubt, as between 2 or more persons who
are called to succeed each other, as to which of them died first,
whoever alleges the death of one prior to the other, shall prove
the same; in the absence f proof, it is presumed that they died
at the same time and there shall be no transmission of rights
from 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;
2. If both were above 60 yo – younger is presumed to have
survived;
3. One is under 15 and the other above 60 – 15 is presumed
to have survived;
4. One us under 15 or over 60 and the other between those
ages – the latter is presumed to have survived.
5. Both be over 15 and below 60; sexes be different – male is
presumed to have survived
6. Both be over 15 and below 60; same sex – older is
presumed to have survived.
Application:
 Art. 43 (applies when 2 or more persons are involved ‘who
are called to succeed each other,’ i.e. father and son)
 Art. 131 (in all other cases)
 Rule on Preponderance of Evidence (when here are acts
from which a contrary conclusion can be inferred)
VIII. END OF PERSONALITY
Art. 42. “Civil personality is extinguished by (physical, not civil)
death. The effect of death upon the rights and obligations of the
deceased is determined by the (1) law, (2) contract, (3) and by
will.”
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  Incidentally, a judicial decree in a foreign country placing a
person under civil interdiction will not be recognized in our Contract of Marriage Ordinary Contracts
forum: this is because such a judgment is penal in
1. Also an inviolable social Are mere contracts
character.
institution
LEGISLATIVE JURISDICTION vs JUDICIAL JURISDICTION
2. Nature, consequences, and Agreements entered into
 Judicial (authority to hear and determine a legal controversy) – incidents are governed by the usually depend on the
the jurisdiction of our courts is governed by our own law on the law. Thus, as a general rule, stipulations agreed upon by the
matter ‘stipulations are of no value.’ contracting parties unless those
 Legislative (aside from the authority to enact laws) – is the Except to marriage settlements. stipulations violate the law,
competence of a person’s national law to govern his status. public policy, public order, good
customs, or good morals.
Thus, while a foreigner’s status is governed by his national law
(legislative jurisdiction), our own courts (not the foreign courts) will 3. Age requirements vary Age requirement is the age of
have authority to decide questions concerning said foreigner’s status majority
(judicial jurisdiction) by applying his national law.
4. Dissolved only through death Dissolved by express provision
Ybanes vs Fuster or annulment or legal causes of the law, expiration of the
(or absolute divorce in specified term, fulfillment of the purpose
2 Spaniards (husband and wife) obtained divorce from each other. The instances for foreigners and for which the contract was
validity of the divorce was assailed in a Philippine Court. Considering Muslims) (D D A L) entered into, or through mutual
the this involves 2 aliens domiciled in our country, may our own courts agreement. (E E F M)
take cognizance of the case despite that under the law, questions of
status are resolved by their national law? 5. Validity is verified generally Substantial or intrinsic validity is
by a reference to lex usually resolved by an inquiry
A: YES. Because jurisdiction of courts is generally submitted to the celebrationis. into the law intended by the
territorial principle. Parties should endeavor to have their rights parties (lex loci voluntatis or
established by the tribunals of the State which have coercive means to lex loci intentionem)
enforce their decisions; otherwise, a person runs the risk of incurring
useless expenditures to obtain a judgment that cannot be enforced. SYNOPSIS: Marriage as a Contract

Factual Situation Celebrated Abroad Celebrated in

the Philippines

1. Between Filipinos Lex loci celebracionis;

without prejudice to
exceptions under Arts.
26, 35 (1, 4, 5, 6), 36,
37, and 38 of the
Family Code [bigamy,
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 Code); provided
3. Between a man and a woman Exceptions: not highly
4. Entered into in accordance with law (1) highly immoral immoral or
5. Or the establishment of conjugal and family life. (bigamous or incestuous
polygamous)
6. It is the foundation of the family (2) universally
7. And an inviolable social institution considered incestuous
8. Whose nature, consequences, and incidents are governed by (between brothers and
law and not subject to stipulation, sisters whether whole
9. Except that marriage settlements may fix the property or half-blood,
relations during the marriage within the limits provided by legitimate or
this Code. illegitimate.)

2 Aspects of Marriage: 3. Mixed Lex loci celebracionis. national law of

Same as “between the Filipino
1. A CONTRACT foreigners” to uphold (otherwise
2. A UNION, STATUS, LEGAL RELATION the validity of public policy
marriage may be
Contract of Marriage vs Ordinary Contracts
militated

17

against)
4. Marriage by Proxy Lex loci
celebrationis
(considered as
celebrated
where the proxy
appears)
Marriage as a Contract. 2 REQUISITES:
1. FORMAL – generally do not affect the validity of marriage
(i.e. if a judge solemnizes marriage) except for some (i.e.
marriage license, except in marriages of exceptional
character)
2. ESSENTIAL
I. Theories on FORMAL Requisites:
1. Compulsory Rule – imperative for the parties to follow the
formalities of the place of celebration (lex loci celebrationis)
or the law of the place where the act was done or
performed (locus regit actum) (Art. 17, par. 1)
2. Optional Rule – either the lex loci celebrationis or their
national law. (*rule followed in most countries)
3. Ecclesiastical Rule – formalities of both the lex loci
celebrationis and the national law (imposing religious
requirements). (*practiced in Spain and Palestine)
II. ESSENTIAL or SUBSTANTIAL REQUISITES for FILIPINOS who marry
IN THE PHILIPPINES:
1. Legal capacity
2. Consent
3. Authority of the person solemnizing the marriage
4. Marriage license
Others:
1. Opposite sexes
2. Celebration of marriage (marriage ceremony) although no
particular form is required; need not be in writing as signs
would suffice.
 Thus, ‘common law marriage’ between Filipinos in the
Philippines (living together –cohabit- as husband and wife
without getting married) is not considered valid ‘for
solemnization is required before a proper officer).
Q: Is a common law marriage between foreigners, which began
abroad, valid in the Philippines?
A: YES. Provided that it is valid in their national law according to the
laws of the place where the relationship began.
CONFLICT RULES ON SUBSTANTIAL VALIDITY OF MARRIAGE:
I. CELEBRATED ABROAD BETWEEN FILIPINOS (Art. 26)
1. “All marriages solemnized outside the Philippines
2. in accordance with the laws in force in the country where they
were solemnized
3. and valid there as such
4. shall also be valid in this country
5. except (polygamous, bigamous, and incestuous)” ~ caused by
nationality theory
*** *** *** *** *** ***
1. “Where a marriage between a Filipino citizen and a foreign is
validly celebrated
2. And a divorce is thereafter validly obtained abroad
3. By the client spouse, capacitating him or her to remarry,
4. The Filipino spouse shall likewise have capacity to remarry
under Philippine law.”
NOTE: A marriage inside the Philippine Consulate abroad between
Filipinos is considered as if the marriage has been celebrated not in
the foreign country but right here in the Philippines.
PROBLEMS:
Q1: Filipino 1st cousins got married in California, where the marriage
is considered valid. Will their marriage be recognized in the
Philippines?
A: NO. Incestuous marriage, as governed by the laws of nationality,
are prohibited under the Philippine laws.
Q2: A Filipino step-brother married his Filipino step-sister in
California. Will our court recognize the validity of the marriage
abroad?
A: YES. The marriage is neither bigamous, polygamous, or
incestuous as determined by Philippine law. The controlling law is
Art. 26 and not Art. 15 nor 17, par. 3 of the Civil Code.
In case of conflict between a particular provision and general
provisions, the former prevails.
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
include it excludes. And in case of doubt, the validity of marriage
should be favored.
II. CELEBRATED ABROAD BETWEEN FOREIGNERS
 valid here when validly celebrated abroad (lex loci celebrationis)
Q1: A marriage in California between American 1st cousins will be
recognized as valid in the Philippines if valid in the place of
celebration. While it may be ‘incestuous’ under the Philippine law,
Art. 26 cannot be applied to foreigners. Otherwise, it is as if our
Family Code were to rule the world.
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?
A: We distinguish. (1) Successional Rights. All the wives as well as
all the children should be regarded as legitimate because under
Art. 16, par. 2 of the Civil Code, the successional rights shall be
determined by the National Law of the deceased.
(2) Cohabitation. Only the first wife will be recognized as
legitimate and the rest will be deemed as concubines (mistress
kept by a husband in a conjugal dwelling).
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III. CELEBRATED ABROAD, MIXED MARRIAGES

“If by one law the marriage is valid, and by another law the marriage is
void, that which will uphold the validity of the marriage should be
followed.”

Q1: A Filipino girl marries her American first cousin in California

where such is deemed valid.

A: The marriage should be regarded as valid in both sides. After all,

the marriage is considered valid where it was celebrated.

IV. CELEBRATED IN THE PHILIPPINES BETWEEN FOREIGNERS

Should foreigners decide to marry in this country, their ‘capacity to

marry’ shall be governed by their national law as evidenced by a
certificate of legal capacity to contract marriage issued by their
respective diplomatic or consular officials.

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.

Hence, Chinese first cousins may validly marry here provided that
such marriage is recognized by Chinese law.

V. CELEBRATED IN THE PHILIPPINES, MIXED MARRIAGES

If a Filipino marries in the Philippines an American, the national law of

the Filipino should be followed. Otherwise, our public policy may be
militated against.

VI. MARRIAGES BY PROXY

 Is one were one of the parties is merely represented at the

ceremony by a friend or a delegate.

 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)
 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