Persons June 25, 2012

Article 13
Saturday, Sunday or legal holiday ordinary contract: agreement
prevails
rules of court: next working day
Court hearings reset it at some other time
Court response - date of mailing registered mail registry receipt
include a return card description of the content, name of the
addressee (stamp) addressee signs and put the date in the return
card and mailed back
Leap year divisible by 4
Article 14 Principle of Territoriality
Civil laws do not apply to aliens who are governed by their national
law.
Penal laws apply equally to aliens who live or sojourn in the
Philippines.
Public offended party State; Private offended party individual
(witness of the case only) fiscal will be the prosecutor (People of the
Phil. Vs. Accused)
Exterritoriality is the fiction in international law by virtue of which
certain foreign persons and their things are exempted from the
jurisdiction of a State on the theory that they form an extension of the
territory of their own state. This is based on practice without treaty
stipulations.
Extraterritorialty is the exemption of foreign persons from the laws
and jurisdiction of a State in which they presently reside, an exemption
which can only exist by virtue of a treaty or stipulation to this effect.
- it is a principle recognized in international law whereby crimes
committed on board vessels and airships of a country, although
in international waters or space, shall be triable by the courts of
said country.
Article 15 Nationality Principle
Status term used to designate the circumstances affecting the legal
situation
Condition it is a mode or state of being
Legal Capacity legal power to enter into binding obligations or to
enjoy the privileges of a legal status
Article 16
Lex Situs the principle which provides that property shall be governed
by the law of the place where it is situated. Personal property included
(shares of stock)
Exceptions: governed by the national law of decedent

a. Order of succession
b. Amount of successional rights
c. Intrinsic validity of the provision of the will
d. Capacity to succeed
Compulsory heirs:
1. Legitimate children
2. Legitimate parents only when there are no legitimate children
3. Surviving spouse equal to 1 legitimate child
4. Illegitimate children of 1 legitimate child
*The nearer relative excludes the farther.
Intestate heirs:
1. Brothers/Sisters
2. Nephews/Nieces
Intrinsic substance of the disposition
Extrinsic formalities in the execution of the will;
- law of the country where it is executed
Notarial will acknowledge before a notarial public 3 attesting
witnesses sign in the presence of the testator and of themselves.
Holographic will secret will does not require witnesses
everything in testators own handwriting.
Preterition omission of the compulsory heirs in the direct line
Renvoi Doctrine literally means referring back
- the problem arises when there is doubt as to whether a reference
to a foreign law is to the internal law of said foreign law; or a
reference to the whole of the foreign law, including its conflict
rules.
John citizen of country X; resident of the Philippines; died in the
Philippines
- disposition/succession governed by country X
- country X govern by the law of the country where the citizen is
a resident
- Philippines distributed in accordance with Philippine law
Disinheritance stated in the last will and testament
Lex Fori if the application of a foreign law is invoked, the foreign law
must be proved as a fact by the rules of evidence.
Article 17
Prohibitive laws divorce not recognize in the Philippines
Lex Loci Celebrationis matters bearing upon the execution,
interpretation and validity of a contract are determined by the law of
the place where the contract is made
Article 18
Penal Code counting of the period provision of the civil code can be
applied

Contract of insurance when a contract of insurance is perfected when

done by telegram or letter letter of acceptance arrived when the
insured is dead meeting of the minds when the insured knows the
acceptance.
Contract Requisites: - perfected
1. Consent
2. Object
3. Cause/consideration