CIVIL CODE

1) Legal Status
Art. 15 (les patriae) - 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.

2) Marriage
Art. 71 (lex loci celebrationis) - 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 law. (19a)
Art. 75 - Marriages between Filipino citizens abroad may be solemnized by consuls and
vice-consuls of the Republic of the Philippines. The duties of the local civil registrar and
of a judge or justice of the peace or mayor with regard to the celebration of marriage
shall be performed by such consuls and vice-consuls. (n)
Art. 124 - If the marriage is between a citizen of the Philippines and a foreigner,
whether celebrated in the Philippines or abroad, the following rules shall prevail:
(1) If the husband is a citizen of the Philippines while the wife is a foreigner, the
provisions of this Code shall govern their relations;
(2) If the husband is a foreigner and the wife is a citizen of the Philippines, the laws of
the husband's country shall be followed, without prejudice to the provisions of this Code
with regard to immovable property. (1325a)
Art. 66 - When either or both of the contracting parties are citizens or subjects of a
foreign country, it shall be necessary, before a marriage license can be obtained, to
provide themselves with a certificate of legal capacity to contract marriage, to be issued
by their respective diplomatic or consular officials. (13a)

3) Succession
Art. 16(2) 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
succession is under consideration, whatever may be the nature of the property and
regardless of the country wherein said property may be found. (10a)
Art. 17(1) - The forms and solemnities of contracts, wills, and other public instruments
shall be governed by the laws of the country in which they are executed.
Art. 1039 - Capacity to succeed is governed by the law of the nation of the decedent.
(n)

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. (n)
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
prescribes. (n)
Art. 817. A will made in the Philippines by a citizen or subject of another country, which
is executed in accordance with the law of the country of which he is a citizen or subject,
and which might be proved and allowed by the law of his own country, shall have the
same effect as if executed according to the laws of the Philippines. (n)
Art. 818. Two or more persons cannot make a will jointly, or in the same instrument,
either for their reciprocal benefit or for the benefit of a third person. (669)
Art. 819. Wills, prohibited by the preceding article, executed by Filipinos in a foreign
country shall not be valid in the Philippines, even though authorized by the laws of the
country where they may have been executed. (733a)
Art. 829. 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. (n)

4) Contract
Art. 1306 (lex loci intentionis) The contracting parties may establish such
stipulations, clauses, terms and conditions as they may deem convenient, provided they
are not contrary to law, morals, good customs, public order, or public policy. (1255a)
Art. 17(1) - The forms and solemnities of contracts, wills, and other public instruments
shall be governed by the laws of the country in which they are executed.
Art. 1356 - Contracts shall be obligatory, in whatever form they may have been entered
into, provided all the essential requisites for their validity are present. However, when
the law requires that a contract be in some form in order that it may be valid or
enforceable, or that a contract be proved in a certain way, that requirement is absolute
and indispensable. In such cases, the right of the parties stated in the following article
cannot be exercised. (1278a)
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.

5) Property

Art. 16(1) - Real property as well as personal property is subject to the law of the
country where it is stipulated.
Art. 124 - If the marriage is between a citizen of the Philippines and a foreigner,
whether celebrated in the Philippines or abroad, the following rules shall prevail:
(1) If the husband is a citizen of the Philippines while the wife is a foreigner, the
provisions of this Code shall govern their relations;
(2) If the husband is a foreigner and the wife is a citizen of the Philippines, the laws of
the husband's country shall be followed, without prejudice to the provisions of this Code
with regard to immovable property. (1325a)

6) Public Policy
Art. 17(3) - 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
ineffective by laws or judgments promulgated, or by determinations or conventions
agreed upon in a foreign country. (11a)
Art. 1306 (lex loci intentionis) The contracting parties may establish such
stipulations, clauses, terms and conditions as they may deem convenient, provided they
are not contrary to law, morals, good customs, public order, or public policy. (1255a)

FAMILY CODE
1) Marriage
Art. 26.
All marriages solemnized outside the Philippines, in accordance with the laws 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), 3637 and 38.
(17a)
Where a marriage between a Filipino citizen and a foreigner is validly celebrated and a
divorce is thereafter validly obtained abroad by the alien spouse capacitating him or her
to remarry, the Filipino spouse shall have capacity to remarry under Philippine law. (As
amended by Executive Order 227)
Art. 10 - Marriages between Filipino citizens abroad may be solemnized by a consulgeneral, consul or vice-consul of the Republic of the Philippines. The issuance of the
marriage license and the duties of the local civil registrar and of the solemnizing officer
with regard to the celebration of marriage shall be performed by said consular official.
(75a)
Art. 7(5) - Marriage may be solemnized by: (5) Any consul general, consul or viceconsul in the case provided by Article 10.

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Art. 80 - In the absence of a 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.
This rule shall not apply:
(1) Where both spouses are aliens;
(2) With respect to the extrinsic validity of contracts affecting property not situated in

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the Philippines
and executed in the country where the property is located; and
(3) With respect to the extrinsic validity of contracts entered into in the Philippines but
affecting
property situated in a foreign country whose laws require different formalities for its
extrinsic validity.
Art. 74 - The property relationship between husband and wife shall be governed in the
following order:
(1) By marriage settlements executed before the marriage;
(2) By the provisions of this Code; and
(3) By the local custom. (118)
Art. 35 (1,4,5,6) The following marriages shall be void from the beginning:
(1) Those contracted by any party below eighteen years of age even with the consent of
parents or guardians;
(2) Those solemnized by any person not legally authorized to perform marriages unless
such marriages were contracted with either or both parties believing in good faith that
the solemnizing officer had the legal authority to do so;
(3) Those solemnized without license, except those covered the preceding Chapter;
(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. 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. (81a)
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. (82)

2) Property
Art. 80 - In the absence of a contrary stipulation in a marriage settlement, the property
relations of the spouses shall be governed by Philippine laws, regardless of the place of

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the celebration of the marriage and their residence.

This rule shall not apply:
(1) Where both spouses are aliens;
(2) With respect to the extrinsic validity of contracts affecting property not situated in
the Philippines
and executed in the country where the property is located; and
(3) With respect to the extrinsic validity of contracts entered into in the Philippines but
affecting
property situated in a foreign country whose laws require different formalities for its
extrinsic validity.

FOREIGN JUDGMENT
Rule 39, Sec. 48 Section 48. Effect of foreign judgments or final orders. 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:
(a) In case of a judgment or final order upon a specific thing, the judgment or final order,
is conclusive upon the title to the thing, and
(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
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.
(50a)
Art. 17(3) CC - 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 ineffective by laws or judgments promulgated, or by determinations or
conventions agreed upon in a foreign country. (11a)
Art. 1306 (lex loci intentionis) The contracting parties may establish such
stipulations, clauses, terms and conditions as they may deem convenient, provided they
are not contrary to law, morals, good customs, public order, or public policy. (1255a)