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 Lex Loci Celebrationis It is imperative for the parties
Filipinos 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

Marriage Abroad between
Foreigners
Mixed Marriages Abroad
bigamous, incestuous, polygamous
Lex Loci Celebrationis Valid here provided it is not
highly immoral or universally
considered incestuous
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 National Law provided it is not highly
Celebrated in the Philippines immoral or universally considered
incestuous

needs certificate of legal

capacity issued by their consular
officials
 Mixed Marriages in the National Law of the Filipino
Philippines
Marriage by Proxy Lex Loci Celebrationis
Personal Rights and National Law of the Husband
Obligations between Spouses
Property Rights between National Law of the Husband
Spouses
Real Property
Tangible Personal Property
Reason: our public policy may
be militated against
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
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)
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)
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

Vessels
Things in Transitu concerning
loss, deterioration, destruction
Validity and effect of the
seizure of goods in transitu
Disposition of goods in
transitu
Recovery of Debts or
Garnishment
Voluntary Assignment of
Debts
Negotiability of not of
Negotiable Instruments
Validity of the Negotiation
and Delivery of The Negotiable
Instrument
Sale of Corporate Shares:
effect on the corporation
Sale of Corporate Shares:
effect between the parties
Extrinsic Validity of Wills
made by an alien abroad
Extrinsic Validity of Wills
made by an alien in the
Philippines
Extrinsic Validity of Wills
made by a Filipino Abroad
Extrinsic Validity of Joint Wills
made by Filipinos Abroad
Extrinsic Validity of Joint Wills
made by Aliens Abroad
Extrinsic Validity of Joint Wills
made by Aliens in the Philippines
Intrinsic Validity of Wills
Law of the Flag
Law of the destination
Law of the place where
property was seized
Lex Loci Intentionis
Law of the place where the
debtor may be effectively
summoned
Lex Loci Intentionis
Law of the Right Embodied in
the Instrument
Situs of the instrument at the
time of Negotiation or Delivery
Law of Incorporation
Lex Loci Voluntatis
National Law or
Domiciliary Law or
Lex Loci Celebrationis or
Philippine Law
National Law or
Philippine Law (Lex Loci
Celebrationis)
National Law or
Lex Loci Celebrationis
Nationality Rule Applies
(Hence, Void in the Philippine even
if it is valid in the place of
celebration)
Valid in the Philippines if valid
lex loci celebrationis, nationality
rule, dimiciliary rule
Lex Loci Celebrationis
National Law of the Deceased
regardless of the location and the
intentionis - the principal contract,
les situs – the accessory contract)
Reason: it is their temporary
situs
Usually the domicile of the
debtor
This is a contract
Example: a Swedish PN is
negotiable if it complied with the
rules on negotiability in Sweden
Reason: the sale or transfer
must be recorded in the books of
the corporation
This is a contract of sale!
Extrinsic Validity deals with the
formalities of the will
Joint Wills exist when 2 persons
execute 1 will
Article 819 Civil Code
The prohibition in the Civil
Code applies only to Filipinos
Void if made in the Philippines
Reason: public policy may be
militated against
Intrinsic Validity is concerned
with order of succession, amount

Capacity to Succeed
Revocation of Wills in the
Philippines
Revocation of Wills done
abroad by a non-domiciliary
Revocation of Wills done
abroad by a domiciliary
Corporations: Powers and
Liabilities
Formation of the Corporation,
kinds of stocks, transfer of stocks
as to the effects on the
corporation, powers and duties
Validity of Corporate Acts and
Contracts
Right to Sue and Be Sued
Manner and Effect of
Dissolution
Domicile of a Corporation
Partnerships: existence or
non-existence of the legal
personality, capacity to contract,
liabilities
nature of the property of successional rights, provisions of
the will per se
National Law of the Deceased
Lex Loci Actus
Philippine Law (law of the place
of revocation)
Lex Loci Celebrationis (place
where the will was made) or
Domiciliary Rule
Lex Loci Actus (place where the
will was revoked) or
Philippine Law (Domiciliary
Rule)
Law of the Place of The Constitution regards
Incorporation corporations as domestic if 60% of
the capital is Filipino owned,
Exceptions: otherwise it is foreign and may not
Constitutional Purposes and cannot exploit natural resources
Wartime Purposes 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.
Law of Place of Incorporation
Law of the Place of If valid only in one, the validity
Incorporation AND Law of the will be seriously questioned and
Place of Performance will not be given effect
Lex Fori “Doing Business” – transacts a
substantial part of its business and
is continuous
Law of the Place of
Incorporation
Law of the place where its legal
representation is established or
where it exercised its principal
functions
Law of the place where the
partnership was created
Exceptions:

Creation of Branches in the
Philippines, validity of Contracts
and transactions
Dissolution, Winding Up,
Termination of Branches in the
Philippines
Domicile of a Partnership
representation is established or
Extrinsic Validity of Contracts
in General
Intrinsic Validity of Contracts
in General
Capacity to Contract
Grounds for the Annulment of
Marriage
Grounds for the declaration of
nullity
Grounds for Legal Separation
Constitutional Purposes and
Wartime Purposes
Philippine Law (Law of the
place where the branches are
created)
Philippine Law
Law of the place where its legal
where it exercised its principal
functions
Lex Loci Celebrationis The forms of contracts, wills,
and other public instruments are
Except: governed by the law of the place
Alienation and encumbrance where there are executed
which is governed by lex situs
Lex Loci Intentionis
National Law
Except:
If contract was entered into in
the Philippines
If the contract is to be
performed in the Philippines
Lex Loci Celebrationis If voidable where celebrated, it
is also regarded as voidable in the
Article 26 of the Family Code Philippines
Philippine Courts may take the
case only if the parties are
nationals or domiciliaries of the
Philippines
Lex Loci Celebrationis If void where celebrated, it is
also regarded as void in the
Article 26 of the Family Code Philippines
Philippine Courts may take the
case only if the parties are
nationals or domiciliaries of the
Philippines
National Law of the Parties Reason: because it is a status by
itself
If the nationality of the 2
spouses are different, the grounds

Absolute Divorce Sought in
the Philippines
Absolute Divorce Sought
Abroad
Between Filipinos
Absolute Divorce Sought
Abroad by Foreigners
Absolute Divorce Sought
Abroad by Mixed Marriages
Paternity and Filiation
(legitimacy, legitimation,
rights and obligations of parents
and children, parental authority,
support)
Adoption
Guardianship over the person
of the ward
Guardianship over the
Property of the Ward
Torts, Generally
Lex Fori
Except Moslem Divorces
Nationality Rule
Nationality Rule
Depends who obtained the
decree
If the Child is Legitimate –
apply national law of the father
If the Child is illegitimate –
apply national law of the mother
National Law of the Adopter
Domicile of the Ward
Les Situs
Law of the place where the tort
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)
Philippine Courts do not have
the jurisdiction to grant absolute
divorces
Void in the Philippines even if
valid in the place where the divorce
was obtained
Valid in the Philippines if valid
in the place where the divorce was
obtained and valid sa national law
of the parties
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
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)
In the Philippines, adoption by
a Filipino does not grant the
adopted Philippine Citizenship
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 Law of the Flag This rule applied whether the
public vessel ship is on the high seas or on
territorial waters
Tort committed aboard a If on the high seas, law of the The rules on crimes should not
merchant vessel flag be applied as in tort one is
interested only in the civil liability
If on territorial waters,
suggested that the law of the flag
should also be applied
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: Whether the act is a tort or a
crime depends upon the law of the
territorial theory – the state place where the crime was
where the crime was committed 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
 Philippine criminal laws
Maritime Crimes Public Vessels – the law of the the Philippines adheres to the
flag whether on the high seas or English rule
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