Factual Situation Point of Contact Notes

Beginning of Personality National Law of the Child

Emancipation National Law If applying for naturalization, the law of the state regarding emancipation must be the one

followed

but as to the filing of the petition for naturalization, it is

enough that the person is emancipated in his own country

Age of Majority National Law

Use of Surnames National Law

Titles of Nobility National Law

Absence National Law But in the Philippines, our law on absence applies to both aliens and nationals as our courts have

jurisdiction to declare alien domiciliary as absent

Presumptions of Death Lex Fori Reason: because there is a burden of proof

Survivorship Lex Fori Reason: because there is a burden of proof

Marriage Abroad between Filipinos

Lex Loci Celebrationis It is imperative for the parties to strictly follow the formalities in the place of celebration and the

marriage must be valid in the place of celebration

but still void in the Philippines if

bigamous, incestuous, polygamous

Marriage Abroad between Foreigners

Lex Loci Celebrationis Valid here provided it is not highly immoral or universally

considered incestuous

Mixed Marriages Abroad Lex Loci Celebrationis Valid here provided it is not highly immoral or universally

considered incestuous

Reason: in order to uphold the validity of the marriage

Marriage between Foreigners Celebrated in the Philippines

National Law provided it is not highly immoral or universally considered

incestuous

needs certificate of legal capacity issued by their consular

officials

Mixed Marriages in the Philippines

National Law of the Filipino Reason: our public policy may be militated against

Marriage by Proxy Lex Loci Celebrationis

Personal Rights and Obligations between Spouses

National Law of the Husband If both changed their nationality: the new national law

If only one changed: the last

common national law

If there was no common at all: The national law of the

husband at the time of the marriage

Property Rights between Spouses

National Law of the Husband Subject to the rules on real property

Subject to the doctrine of

immutability of property regime (the regime at the start of the

marriage governs notwithstanding changes in nationality of the

husband)

Real Property Lex Situs

Subject to the rules on successional rights and capacity to

succeed (law of the decedent)

Subject to the rules on contracts involving real property

not dealing with title (lex loci intentionis)

Subject to the rules on

contracts where real property is given as security (lex loci

intentionis - the principal contract, les situs – the accessory contract)

Tangible Personal Property Lex Situs Subject to the rules on successional rights and capacity to

succeed (law of the decedent)

Subject to the rules on contracts involving real property

not dealing with title (lex loci intentionis)

Subject to the rules on

contracts where real property is given as security (lex loci

intentionis - the principal contract, les situs – the accessory contract)

Vessels Law of the Flag

Things in Transitu concerning loss, deterioration, destruction

Law of the destination

Validity and effect of the seizure of goods in transitu

Law of the place where property was seized

Reason: it is their temporary situs

Disposition of goods in transitu

Lex Loci Intentionis

Recovery of Debts or Garnishment

Law of the place where the debtor may be effectively

summoned

Usually the domicile of the debtor

Voluntary Assignment of Debts

Lex Loci Intentionis This is a contract

Negotiability of not of Negotiable Instruments

Law of the Right Embodied in the Instrument

Example: a Swedish PN is negotiable if it complied with the rules on negotiability in Sweden

Validity of the Negotiation and Delivery of The Negotiable

Instrument

Situs of the instrument at the time of Negotiation or Delivery

Sale of Corporate Shares: effect on the corporation

Law of Incorporation Reason: the sale or transfer must be recorded in the books of

the corporation

Sale of Corporate Shares: effect between the parties

Lex Loci Voluntatis This is a contract of sale!

Extrinsic Validity of Wills made by an alien abroad

National Law or Domiciliary Law or

Lex Loci Celebrationis or Philippine Law

Extrinsic Validity deals with the formalities of the will

Extrinsic Validity of Wills made by an alien in the

Philippines

National Law or Philippine Law (Lex Loci

Celebrationis)

Extrinsic Validity of Wills made by a Filipino Abroad

National Law or Lex Loci Celebrationis

Extrinsic Validity of Joint Wills made by Filipinos Abroad

Nationality Rule Applies (Hence, Void in the Philippine even

if it is valid in the place of celebration)

Joint Wills exist when 2 persons execute 1 will

Article 819 Civil Code

Extrinsic Validity of Joint Wills made by Aliens Abroad

Valid in the Philippines if valid lex loci celebrationis, nationality

rule, dimiciliary rule

The prohibition in the Civil Code applies only to Filipinos

Extrinsic Validity of Joint Wills made by Aliens in the Philippines

Lex Loci Celebrationis Void if made in the Philippines

Reason: public policy may be militated against

Intrinsic Validity of Wills National Law of the Deceased regardless of the location and the

Intrinsic Validity is concerned with order of succession, amount

nature of the property of successional rights, provisions of the will per se

Capacity to Succeed National Law of the Deceased

Revocation of Wills in the Philippines

Lex Loci Actus

Philippine Law (law of the place of revocation)

Revocation of Wills done abroad by a non-domiciliary

Lex Loci Celebrationis (place where the will was made) or

Domiciliary Rule

Revocation of Wills done abroad by a domiciliary

Lex Loci Actus (place where the will was revoked) or

Philippine Law (Domiciliary Rule)

Corporations: Powers and Liabilities

Law of the Place of Incorporation

Exceptions:

Constitutional Purposes and Wartime Purposes

The Constitution regards corporations as domestic if 60% of

the capital is Filipino owned, otherwise it is foreign and may not

cannot exploit natural resources and operate public utilities.

During times of war, the we

pierce the veil of corporate identity and consider the nationality of the

stockholders for the purpose of determining enemy corporations.

Formation of the Corporation, kinds of stocks, transfer of stocks

as to the effects on the corporation, powers and duties

Law of Place of Incorporation

Validity of Corporate Acts and Contracts

Law of the Place of Incorporation AND Law of the

Place of Performance

If valid only in one, the validity will be seriously questioned and

will not be given effect

Right to Sue and Be Sued Lex Fori “Doing Business” – transacts a substantial part of its business and

is continuous

Manner and Effect of Dissolution

Law of the Place of Incorporation

Domicile of a Corporation Law of the place where its legal representation is established or where it exercised its principal

functions

Partnerships: existence or non-existence of the legal

personality, capacity to contract, liabilities

Law of the place where the partnership was created

Exceptions:

Constitutional Purposes and Wartime Purposes

Creation of Branches in the Philippines, validity of Contracts

and transactions

Philippine Law (Law of the place where the branches are

created)

Dissolution, Winding Up, Termination of Branches in the

Philippines

Philippine Law

Domicile of a Partnership Law of the place where its legal representation is established or where it exercised its principal

functions

Extrinsic Validity of Contracts in General

Lex Loci Celebrationis

Except: Alienation and encumbrance

which is governed by lex situs

The forms of contracts, wills, and other public instruments are governed by the law of the place

where there are executed

Intrinsic Validity of Contracts in General

Lex Loci Intentionis

Capacity to Contract National Law

Except: If contract was entered into in

the Philippines

If the contract is to be performed in the Philippines

Grounds for the Annulment of Marriage

Lex Loci Celebrationis

Article 26 of the Family Code

If voidable where celebrated, it is also regarded as voidable in the

Philippines

Philippine Courts may take the case only if the parties are

nationals or domiciliaries of the Philippines

Grounds for the declaration of nullity

Lex Loci Celebrationis

Article 26 of the Family Code

If void where celebrated, it is also regarded as void in the

Philippines

Philippine Courts may take the case only if the parties are

nationals or domiciliaries of the Philippines

Grounds for Legal Separation National Law of the Parties Reason: because it is a status by itself

If the nationality of the 2

spouses are different, the grounds

for legal separation on the national law of both spouses shall constitute

grounds

Foreigners may sue for legal separation in the Philippines, even

if they did not get married here (but there is a residence

requirement of 1 year if the cause occurred outside the Philippines)

Absolute Divorce Sought in the Philippines

Lex Fori

Except Moslem Divorces

Philippine Courts do not have the jurisdiction to grant absolute

divorces

Absolute Divorce Sought Abroad

Between Filipinos

Nationality Rule

Void in the Philippines even if valid in the place where the divorce

was obtained

Absolute Divorce Sought Abroad by Foreigners

Nationality Rule Valid in the Philippines if valid in the place where the divorce was obtained and valid sa national law

of the parties

Absolute Divorce Sought Abroad by Mixed Marriages

Depends who obtained the decree

Where a marriage between a Filipino and a foreigner is validly

celebrated and a divorce is thereafter validly obtained by the alien spouse, the divorce is valid in

the Philippines

If obtained by the Filipino spouse, the divorce is not

recognized in the Philippines

Paternity and Filiation

(legitimacy, legitimation, rights and obligations of parents and children, parental authority,

support)

If the Child is Legitimate – apply national law of the father

If the Child is illegitimate –

apply national law of the mother

What law governs the determination of the status of the children: use the nationality of the

father

Doctrine of Immutability of Status (change of the parent’s nationality does not affect the

status of the child as legitimate or illegitimate)

Adoption National Law of the Adopter In the Philippines, adoption by a Filipino does not grant the

adopted Philippine Citizenship

Guardianship over the person of the ward

Domicile of the Ward

Guardianship over the Property of the Ward

Les Situs

Torts, Generally Law of the place where the tort Problem: there arises a

is committed problem if there is a dispute as to the place where the tort is

committed

Solution: the place should be that place which has the most

substantial and essential connection with the tort

Liability for tort committed

outside the Philippines may be enforced in the Philippines if the

tort is not penal in character

Tort is committed aboard a public vessel

Law of the Flag This rule applied whether the ship is on the high seas or on

territorial waters

Tort committed aboard a merchant vessel

If on the high seas, law of the flag

If on territorial waters,

suggested that the law of the flag should also be applied

The rules on crimes should not be applied as in tort one is

interested only in the civil liability

Maritime Torts Colliding vessel are of the same flag – law of the place where the

tort was committed

Colliding vessels are not of the same flag, but same law – that law

Colliding vessels are not of the

same flag, and with different laws – general maritime law where the

case is tried

Crimes The Philippines follow:

territorial theory – the state where the crime was committed

has jurisdiction to try the case

protective theory – a state who might be affected by the act has

jurisdiction to try the offense, even if committed outside its territory

principle of generality – all

those who live or sojourn in the Philippines are amenable to

Whether the act is a tort or a crime depends upon the law of the

place where the crime was committed

Philippine criminal laws

Maritime Crimes Public Vessels – the law of the flag whether on the high seas or

within territorial waters

Merchant vessels – if on the high seas, apply the law of the flag;

if on territorial waters – apply either the English or the French

rule

the Philippines adheres to the English rule