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Article 14.

Penal laws and those of public security and safety shall be obligatory upon
RULE 39, SEC. 48. EFFECT OF FOREIGN JUDGMENTS OR FINAL ORDERS.
all who live or sojourn in the Philippine territory, subject to the principles of public
international law and to treaty stipulations. The effect of a judgment or final order of a tribunal of a foreign country, having
jurisdiction to render the judgment or final order is as follows:
Article 15. Laws relating to family rights and duties, or to the status, condition and legal (a) In case of a judgment or final order upon a specific thing, the judgment or final order
capacity of persons are binding upon citizens of the Philippines, even though living is conclusive upon the title to the thing; and
abroad. (b) In case of a judgment or final order against a person, the judgment or final order is
presumptive evidence of a right as between the parties and their successors in interest
Article 16. Real property as well as personal property is subject to the law of the
country where it is stipulated. by a subsequent title.
In either case, the judgment or final order may be repelled by evidence of a want of
jurisdiction, want of notice to the party, collusion, fraud, or clear mistake of law or fact.
However, intestate and testamentary successions, both with respect to the order of
succession and to the amount of successional rights and to the intrinsic validity of
testamentary provisions, shall be regulated by the national law of the person whose FORUM NON CONVENIENS, a Philippine court or agency may assume jurisdiction
succession is under consideration, whatever may be the nature of the property and over the case if it chooses to do so provided: (The Manila Hotel Corporation v. NLRC)
regardless of the country wherein said property may be found.
(1) that the Philippine court is one to which the parties may conveniently resort to;
Article 17. The forms and solemnities of contracts, wills, and other public instruments (2) that the Philippine court is in a position to make an intelligent decision as to the law
shall be governed by the laws of the country in which they are executed. and the facts; and
(3) that the Philippine court has or is likely to have power to enforce its decision.
When the acts referred to are executed before the diplomatic or consular officials of the
Republic of the Philippines in a foreign country, the solemnities established by
Philippine laws shall be observed in their execution. STATE OF MOST SIGNIFICANT RELATIONSHIP RULE, the following contacts are
to be taken into account and evaluated according to their relative importance with
respect to the particular issue: (Saudi Arabian Airlines v. CA)
Prohibitive laws concerning persons, their acts or property, and those which have for
their object public order, public policy and good customs shall not be rendered (a) the place where the injury occurred;
ineffective by laws or judgments promulgated, or by determinations or conventions (b) the place where the conduct causing the injury occurred;
agreed upon in a foreign country. (c) the domicile, residence, nationality, place of incorporation and place of business of
the parties, and
Art. 26. All marriages solemnized outside the Philippines, in accordance with the laws (d) the place where the relationship, if any, between the parties is centered
in force in the country where they were solemnized, and valid there as such, shall also
be valid in this country, except those prohibited under Articles 35 (1), (4), (5) and (6), RENVOI - A jural matter is presented which the conflict-of-laws rule of the forum refers
3637 and 38. to a foreign law, the conflict-of-laws rule of which, in turn, refers the matter back again
to the law of the forum. (Aznar v. Garcia)
Where a marriage between a Filipino citizen and a foreigner is validly celebrated and a
PROCESSUAL PRESUMPTION - The presumption that, in the absence of proof, the
divorce is thereafter validly obtained abroad by the alien spouse capacitating him or
foreign law is the same as the law of the forum. (Yao Kee v. Sy-Gonzales)
her to remarry, the Filipino spouse shall have capacity to remarry under Philippine law.
(As amended by Executive Order 227)
CHARACTERIZATION OR THE DOCTRINE OF QUALIFICATION - Before a choice
can be made, it is necessary for us to determine under what category a certain set of
RULE 132, SECTION 24. PROOF OF OFFICIAL RECORD. — The record of public facts or rules fall. It is the "process of deciding whether or not the facts relate to the kind
documents referred to in paragraph (a) of Section 19, when admissible for any purpose, of question specified in a conflicts rule. The purpose of "characterization" is to enable
may be evidenced by an official publication thereof or by a copy attested by the officer the forum to select the proper law. (Gibbs v. Government of the Philippine Islands)
having the legal custody of the record, or by his deputy, and accompanied, if the record
is not kept in the Philippines, with a certificate that such officer has the custody. If the
office in which the record is kept is in foreign country, the certificate may be made by a
secretary of the embassy or legation, consul general, consul, vice consul, or consular
agent or by any officer in the foreign service of the Philippines stationed in the foreign
country in which the record is kept, and authenticated by the seal of his office.
GROUNDS FOR REPELLING FOREIGN JUDGMENT (Nagarmull v. Inalbagan- Art. 40. The absolute nullity of a previous marriage may be invoked for purposes of
Isabela Sugar Company, Inc.) remarriage on the basis solely of a final judgment declaring such previous marriage
void. (n).
(a) want of jurisdiction
(b) want of notice to the party Art. 41. A marriage contracted by any person during subsistence of a previous
(c) collusion marriage shall be null and void, unless before the celebration of the subsequent
(d) fraud marriage, the prior spouse had been absent for four consecutive years and the spouse
(e) clear mistake of law or fact present has a well-founded belief that the absent spouse was already dead. In case of
disappearance where there is danger of death under the circumstances set forth in the
Art. 35. The following marriages shall be void from the beginning: provisions of Article 391 of the Civil Code, an absence of only two years shall be
(1) Those contracted by any party below eighteen years of age even with the consent sufficient.
of parents or guardians;
(2) Those solemnized by any person not legally authorized to perform marriages unless For the purpose of contracting the subsequent marriage under the preceding paragraph
such marriages were contracted with either or both parties believing in good faith that the spouse present must institute a summary proceeding as provided in this Code for
the solemnizing officer had the legal authority to do so; the declaration of presumptive death of the absentee, without prejudice to the effect of
(3) Those solemnized without license, except those covered the preceding Chapter; reappearance of the absent spouse.
(4) Those bigamous or polygamous marriages not failing under Article 41;
(5) Those contracted through mistake of one contracting party as to the identity of the
other; and
(6) Those subsequent marriages that are void under Article 53.

Art. 36. A marriage contracted by any party who, at the time of the celebration, was
psychologically incapacitated to comply with the essential marital obligations of
marriage, shall likewise be void even if such incapacity becomes manifest only after its
solemnization. (As amended by Executive Order 227)

Art. 37. Marriages between the following are incestuous and void from the beginning,
whether relationship between the parties be legitimate or illegitimate:
(1) Between ascendants and descendants of any degree; and
(2) Between brothers and sisters, whether of the full or half blood.

Art. 38. The following marriages shall be void from the beginning for reasons of public
policy:
(1) Between collateral blood relatives whether legitimate or illegitimate, up to the fourth
civil degree;
(2) Between step-parents and step-children;
(3) Between parents-in-law and children-in-law;
(4) Between the adopting parent and the adopted child;
(5) Between the surviving spouse of the adopting parent and the adopted child;
(6) Between the surviving spouse of the adopted child and the adopter;
(7) Between an adopted child and a legitimate child of the adopter;
(8) Between adopted children of the same adopter; and
(9) Between parties where one, with the intention to marry the other, killed that other
person's spouse, or his or her own spouse.

Art. 39. The action or defense for the declaration of absolute nullity shall not prescribe.
However, in case of marriage celebrated before the effectivity of this Code and falling
under Article 36, such action or defense shall prescribe in ten years after this Code
shall taken effect. (As amended by Executive Order 227) (n)

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