Define/Discuss:

1. Forum non convenience

2. Borrowing statute principle

3. Fujiki case

4. Corpuz v Sto. Tomas

5. Rule 39

1. Testator was born Filipino but was a naturalized Japanese when he died. What law will apply if the will
is executed in China and the property is in Indonesia?

-Japanese Law

2. Japanese and Filipino entered into a contract of service in Thailand. Service is to be rendered in
Singapore. In case of breach, which law will apply?

-Singapore (law of the place of performance)

3. Husband(Naturalized American) and wife (American), executed a joint will in Canada where it is valid.
They live in Massachusetts. Can the will be probated in PH?

-Yes because Canadian laws will apply. Joint wills in Canada are valid.

4. Under the nationality principle, the capacity of an heir to succeed shall be governed by:

-Nationality of the decedent (art 16)

5.In the absence of contrary stipulation in a marriage settlement, property relations of Filipino spouses
shall be governed by?

-Philippine laws (art 80)

6. Atty B., Filipino, executed a will in Spain. Attestation did not contain his signature. It is valid in Spain.
Is the will valid here?

-Yes. Spanish law will apply.

7. Why is forum non convenience not applied in Saudia vs CA? (saudia vs Morada)

-Philippine courts has the closest connection

ESSAY:

1. (continuation) a year later, Harry met and fell in love with another Filipino, Willma. So Harry can
marry Wilma in the Philippines, he filed for recognition of divorce decree under art 26, paragraph 2.

a. Does harry have any standing to file such?

b. Outline the procedure that Harry should take in order for divorce decree to be recognized here.

2. Miciano vs Brimo, what conflict of laws principle did the court use in deciding the case?

a. define such conflict of laws principle

b. explain how it was applied

3. It is a rule in statcon that if the law is clear and unambiguous, the law should be interpreted as
writted.

a. what 2 reasons did the court use to justify its departure from the rule in statcon when it interpreted
art.26 par.2 according to its spirit so as to enable Orbecido to file the case under said Article?

4. Juan is a Filipino residing in Tokyo. State which law shall apply:

a. his capacity to contract a valid marriage in Japan

b. His successional rights as regards his deceased Filipino father’s property

additional topics pointed out by atty:

-Tayag vs Benguet

-Forum non convenience

-Brimo case

-processual presumption

-lex loci celebrationis

-corpuz vs sto tomas

-rule 39, sec 48 (b)

-Fujiki case

CONFLICTS OF LAWS; Definition:

 1. That part of the law of each state or nation which determines whether, in dealing with a legal
situation, the law or some other state or nation will be recognized, given effect, or applied (16
Am Jur, 2d, Conflict of Laws, §1).

2. That part of municipal law of a state which directs its courts and administrative agencies, when
confronted with a legal problem involving a foreign element, whether or not they should apply a
foreign law/s (Paras).

DISTINGUISHED FROM PUBLIC INTERNATIONAL LAW

BASIS CONFLICT OF LAW LAW OF NATIONS

1 Nature Municipal in character International in character

Sovereign states and other

Dealt with by private individuals; entities possessing international
governs individuals in their personality, e.g., UN; governs
Persons private transactions which states in their relationships
2 involved involve a foreign element amongst themselves

Generally affected by public

Transactions Private transactions between interest; those in general are of
3 involved private individuals interest only to sovereign states

May be peaceful or forcible

Peaceful: includes diplomatic

negotiation, tender & exercise of
good offices, mediation, inquiry
& conciliation, arbitration,
judicial settlement by ICJ,
reference to regional agencies

Forcible: includes severance of

diplomatic relations, retorsions,
reprisals, embargo, boycott, non-
Remedies intercourse, pacific blockades,
and collective measures under the
4 Sanctions Resort to municipal tribunals UN Charter, and war.

SOURCES:
Direct:

1. Constitutions

2. Codifications

1. Special Laws

2. Treaties and Conventions

3. Judicial Decisions

4. International Customs

Indirect:

1. Natural moral law

1. Work of writers

TERMS:

Lex Domicilii – law of the domicile; in conflicts, the law of one’s domicile applied in the choice of law
questions

Lex Fori – law of the forum; that is, the positive law of the state, country or jurisdiction of whose judicial
system of the court where the suit is brought or remedy is sought is an integral part. Substantive rights
are determined by the law where the action arose (lex loci) while the procedural rights are governed by
the law of the place of the forum (lex fori)

Lex Loci – law of the place

Lex Loci Contractus – the law of the place where the contract was made or law of the place where the
contract is to be governed (place of performance) which may or may not be the same as that of the
place where it was made

Lex Loci Rei Sitae – law of the place where the thing or subject matter is situated; the title to realty or
question of real estate law can be affected only by the law of the place where it is situated

Lex Situs – law of the place where property is situated; the general rule is that lands and other
immovables are governed by the law of the state where they are situated

Lex Loci Actus – law of the place where the act was done

Lex Loci Celebrationis – law of the place where the contract is made

Lex Loci Solutionis – law of the place of solution; the law of the place where payment or performance of
a contract is to be made
Lex Loci Delicti Commissi – law of the place where the crime took place

Lex Mereatoria – law merchant; commercial law; that system of laws which is adopted by all
commercial nations and constitute as part of the law of the land; part of common law

Lex Non Scripta – the unwritten common law, which includes general and particular customs and
particular local laws

Lex Patriae – national law

Renvoi Doctrine – doctrine whereby a jural matter is presented which the conflict of laws rules of the
forum refer to a foreign law which in turn, refers the matter back to the law of the forum or a third
state. When reference is made back to the law of the forum, this is said to be “remission” while
reference to a third state is called “transmission.”

Nationality Theory – by virtue of which the status and capacity of an individual are generally governed
by the law of his nationality. This is principally adopted in the RP

Domiciliary Theory – in general, the status, condition, rights, obligations, & capacity of a person should
be governed by the law of his domicile.

Long Arm Statutes – Statutes allowing the courts to exercise jurisdiction when there are minimum
contacts between the non-resident defendant and the forum.

WAYS OF DEALING WITH A CONFLICTS PROBLEM:

1. Dismiss the case for lack of jurisdiction, or on the ground of forum non-conveniens

DOCTRINE OF FORUM NON CONVENIENS – the forum is inconvenient; the ends of justice would be best
served by trial in another forum; the controversy may be more suitably tried elsewhere

1. Assume jurisdiction and apply either the law of the forum or of another state

1. i. A specific law of the forum decrees that internal law should apply

1. APPLY INTERNAL LAW – forum law should be applied whenever there is good reason to do so;
there is a good reason when any one of the following factors is present:

Examples:

 Article. 16 of the Civil Code – real and personal property subject to the law of the country where
they are situated and testamentary succession governed by lex nationalii

 Article 829 of the Civil Code – makes revocation done outside Philippines valid according to law
of the place where will was made or lex domicilii

 Article 819 of the Civil Code – prohibits Filipinos from making joint wills even if valid in foreign
country
 1. ii. The proper foreign law was not properly pleaded and proved

NOTICE AND PROOF OF FOREIGN LAW

 As a general rule, courts do not take judicial notice of foreign laws; Foreign laws must be
pleaded and proved

 Effect of failure to plead and prove foreign law (3 alternatives) of the forum court:

(a) Dismiss the case for inability to establish cause of action

(b) Assume that the foreign law of the same as the law of the forum

(c) Apply the law of the forum

1. The case falls under any of the exceptions to the application of foreign law

Exceptions to application of foreign law:

(a) The foreign law is contrary to the public policy of the forum

(b) The foreign law is procedural in nature

(c) The case involves issues related to property, real or personal (lex situs)

(d) The issue involved in the enforcement of foreign claim is fiscal or administrative

(e) The foreign law or judgment is contrary to good morals (contra bonos mores)

(f) The foreign law is penal in character

(g) When application of the foreign law may work undeniable injustice to the citizens of the forum

(h) When application of the foreign law might endanger the vital interest of the state

2. APPLY FOREIGN LAW – when properly pleaded and proved

THEORIES WHY FOREIGN LAW SHOULD BE GIVEN EFFECT

1. Theory of Comity – foreign law is applied because of its convenience & because we want to
give protection to our citizens, residents, & transients in our land

2. Theory of Vested Rights – we seek to enforce not foreign law itself but the rights that have been
vested under such foreign law; an act done in another state may give rise to the existence of a
right if the laws of that state crated such right.

3. Theory of Local Law– adherents of this school of thought believe that we apply foreign law not
because it is foreign, but because our laws, by applying similar rules, require us to do so; hence,
it is as if the foreign law has become part & parcel of our local law
 4. Theory of Harmony of Laws – theorists here insist that in many cases we have to apply the
foreign laws so that wherever a case is decided, that is, irrespective of the forum, the solution
should be approximately the same; thus, identical or similar solutions anywhere &
everywhere. When the goal is realized, there will be “harmony of laws”

5. Theory of Justice – the purpose of all laws, including Conflict of Laws, is the dispensing of
justice; if this can be attained in may cases applying the proper foreign law, we must do so

Rules on Status in General

Factual Situation Point of Contact

1 Beginning of personality of natural person National law of the child (Article 15, CC)

2 Ways & effects of emancipation Same

3 Age of majority Same

4 Use of names and surnames Same

5 Use of titles of nobility Same

6 Absence Same

Lex fori (Article 43, 390, 391, CC; Rule 131

7 Presumptive death & survivorship §5 [jj], Rules of Court)

Rules on Marriage as a Contract

FACTUAL SITUATION POINT OF CONTACT

Lex loci celebrationis is without prejudice

to the exceptions under Articles 25, 35 (1,
4, 5 & 6), 36, 37 & 38 of the Family Code
(bigamous & incestuous marriages) &
Between Filipinos consular marriages

Celebrated Lex loci celebrationis EXCEPT if the

Abroad Between Foreigners marriage is:
 1. Highly immoral (like bigamous/
polygamous marriages)

2. Universally considered incestuous

(between brother-sister, and
ascendants-descendants)

Mixed Apply 1 (b) to uphold validity of marriage

National law (Article 21, FC) PROVIDED

the marriage is not highly immoral or
Between Foreigners universally considered incestuous)

Celebrated National law of Filipino (otherwise public

in RP Mixed policy may be militated against)

Marriage by proxy (NOTE: a marriage by

proxy is considered celebrated where the Lex loci celebrationis (with prejudice to
proxy appears the foregoing rules)

Rules on Marriage as a Status

FACTUAL SITUATION POINT OF CONTACT

National of husband(Note: Effect of

subsequent change of nationality:

1. If both will have a new nationality

– the new one

2. If only one will change – the last

common nationality

3. If no common nationality –
Personal rights & obligations between nationality of husband at the time
1 husband & wife of wedding)

National law of husband without prejudice

to what the CC provides concerning REAL
property located in the RP (Article 80)
2 Property relations bet husband & wife
(NOTE: Change of nationality has NO
 EFFECT. This is the DOCTRINE OF
IMMUTABILITY IN THE MATRIMONIAL
PROPERTY REGIME)

Rules on Property

FACTUAL SITUATION POINT OF CONTACT

Real property Lex rei sitae (Article 16, CC)

National law of decedent (Article 16 par.

Successional rights 2, CC)

Capacity to succeed National law of decedent (Article. 1039)

The law intended will be the proper law of

Contracts involving real property which do the contract (lex loci voluntantis or lex loci
not deal with the title thereto intentionis)

The principal contract (usually loan) is

governed by the proper law oft the
contract – (lex loci voluntatis or lex loci
intentionis)NOTE: the mortgage itself is
governed by lex rei sitae. There is a
possibility that the principal contract is
valid but the mortgage is void; or it may
be the other way around. If the principal
contract is void, the mortgage will also be
void (for lack of proper cause or
Contracts where the real property is given consideration), although by itself, the
Exceptions as security mortgage could have been valid.

Tangible personal property (choses in possession)

1 In General Lex rei sitae (Article. 16, CC)

Exceptions: same as those for real EXCEPTION: same as those for real
property property EXCEPT that in the example
concerning mortgage, the same must be
 changed to pledge of personal property)

Means of Transportation

Law of the flag (or in some cases, place of

Vessels registry)

Law of the depot (storage place for

2 Other means supplies or resting place)

Things in transitu (these things have a

changing status because they move)

Loss, destruction, deterioration Law of the destination (Article. 1753, CC)

Validity & effect of the seizure of the Locus regit actum (where seized) –
goods because said place is their temporary situs

Lex loci volutantis or lex loci intentionis–

3 Disposition or alienage of the goods because here there is a contract

FACTUAL SITUATION POINT OF CONTACT

INTangIBLE PERSONAL PROPERTY (CHOSES IN

ACTION)

Recovery of debts or involuntary Where debtor may be effectively served

1 assignment of debts (garnishment) with summons (usually the domicile)

Lex loci voluntatis or lex loci

2 Voluntary assignment of debts intentionis(proper law of the contract)

Other Theories:

1. National law of the debtor or creditor

 2. Domicile of the debtor or creditor

3. Lex loci celebrationis

4. Lex loci solutionis

3 Taxation of debts Domicile of creditor

Lex situs of assets of the debtor (for these

4 Administration of debts assets can be held liable for the debts)

The right embodied in the instrument (for

example, in the case of a Swedish bill of
Negotiability or non-negotiability of an exchange, Swedish law determines its
5 instrument negotiability)

Validity of transfer, delivery or In general, situs of the instrument at the

6 negotiation of the instrument time of transfer, delivery or negotiation

Effect on a corporation of the sale of

7 corporate shares Law of the place incorporation

Lex loci voluntatis or lex loci intentionis

(proper law of the contract) – for this is
Effect between the parties of the sale of really a contract; usually this is the place
8 corporate shares where the certificate is delivered)

Taxation on the dividends of corporate

9 shares Law of the place of incorporation

Taxation on the income from the sale of Law of the place where the sale was
10 corporate shares consummated

11 Franchises Law of the place that granted them

Goodwill of the business & taxation Law of the place where the business is
12 thereto carried on
 In the absence of a treaty, they are
protected only by the state that granted
themNOTE: foreigners may sue for
infringement of trademarks and trade
names in the RP ONLY IF Filipinos are
Patents, copyrights, trademarks, trade granted reciprocal concessions in the
13 names state of the foreigners

Wills, Succession & Administration of Conflict Rules

FACTUAL SITUATION POINT OF CONTACT

Extrinsic Validity of Wills

Lex nationalii OR lex domicilii OR RP law

(Article 816, CC), OR lex loci
1 Made by an alien abroad celebrationis(Article 17(1))

Lex nationalii OR lex loci

2 Made by a Filipino abroad celebrationis(Article 815)

Lex nationalii OR lex loci

3 Made by an alien in the RP celebrationis(Article 817)

FACTUAL SITUATION POINT OF CONTACT

Extrinsic Validity of Joint Wills (made in the

same instrument)

Lex nationalii (void, even if valid where

1 Made by Filipinos abroad made) (Article 819)

Valid if valid according to lex

domicilii or lex loci celebrationis (Article
2 Made by aliens abroad 819)
 Lex loci celebrationis therefore void even
if apparently allowed by Article 817
because the prohibition on joint wills is a
3 Made by aliens in the RP clear expression of public policy

Lex nationalii of the deceased – regardless

of the LOCATION & NATURE of the
Intrinsic Validity of Wills property (Article 16 (2))

Lex nationalii of the deceased – not of the

Capacity to Succeed heir (Article 1039)

Revocation of Wills

Lex loci actus (of the revocation) (Article.

1 If done in the RP 829)

If done OUTSIDE the RP

Lex loci celebrationis (of the making of the

will, NOT revocation), OR lex
1. By a NON-DOMICILIARY domicilii(Article 829)

Lex domicilii (RP law) OR lex loci actus (of

2 1. By a DOMICILIARY of the RP the revocation) (Article 17)

Probate of Wills Made Abroad

Lex fori of the RP applies as to the

procedural aspects, i.e., the will must be
fully probated here & due execution must
1 If not yet probated abroad be shown

Lex fori of the RP again applies as to the

procedural aspects; must also be probated
here, but instead of proving due
2 If already probated abroad execution, generally it is enough to ask for
the enforcement here of the foreign
 judgment on the probate abroad

Executors and Administrators

Place where domiciled at death or incase

of non-domiciliary, where assets are
1 Where appointed found

Co-extensive with the qualifying of the

appointing court – powers may only be
exercised within the territorial jurisdiction
of the court concernedNOTE: these rules
also apply to principal, domiciliary, or
ancillary administrators & receivers even
2 Powers in non-successive cases

Rules on Obligation and Contracts

FACTUAL SITUATION POINT OF CONTACT

Formal or Extrinsic Validity Lex loci celebrationis (Article 17 {1})

Exceptions

1. Alienation & encumbrance of

property Lex situs (Article 16 [1])

1. Consular contracts Law of the RP (if made in RP consulates)

National law (Article 15) without prejudice

to the case of Insular Government v Frank
13 P 236, where the SC adhered to the
Capacity of Contracting Parties theory of lex loci celebrationis

Exception

Alienation & encumbrance of property Lex situs (Article 16 {1})

 Proper law of the contract – lex
Intrinsic validity (including interpretation of the contractus(in the broad sense), meaning
instruments, and amt. of damages for breach) the lex voluntatis or lex loci intentionis

Other Theories are:

1. Lex loci celebrationis (defect: this makes possible the evasion of the national law)

2. Lex nationalii (defect: this may impede commercial transactions)

3. Lex loci solutionis (law of the place of performance) (defect: there may be several
places of performance

4. Prof Minor’s solution:

5. Perfection – lex loci celebrationis

6. Cause or consideration – lex loci considerations

7. Performance – lex loci solutionis (defect: this theory combines the defect of the
others)

Rules on Torts

FACTUAL SITUATION POINT OF CONTACT

Lex loci delicti (law of the place where the

delict was committed)NOTE: liability for
foreign torts may be enforced in the RP if:

Liability & damages for torts in
generalNOTE: The locus delicti (place of
commission of torts) is faced by the problem
of characterization. In civil law countries,
the locus delicti is generally where the act
began; in common law countries, it is where
the act first became effective
1. The tort is not penal in character
2. If the enforcement of the tortious
liability won’t contravene our public
policy
3. If our judicial machinery is adequate
for such enforcement

Rules on Crimes

FACTUAL SITUATION POINT OF CONTACT

 Generally where committed (locus regit
Essential elements of a crime and penalties actum)

Theories as to what court has jurisdiction:

1. Territoriality theory – where the crime was committed

2. Nationality theory – country which the criminal is citizen or a subject

3. Real theory – any state whose penal code has been violated has jurisdiction, where the
crime was committed inside or outside its territory

4. Protective theory – any state whose national interests may be jeopardized has
jurisdiction so that it may protect itself

5. Cosmopolitan or universality theory – state where the criminal is found or which has
his custody has jurisdiction

6. Passive personality theory – the state of which the victim is a citizen or subject has
jurisdiction

NOTE: In the RP, we follow the territoriality theory in general; exception: Article 2, RPC,
stresses the protective theory

The locus delicti of certain crimes

Frustrated an consummated, homicide, Where the victim was injured (not where
1 murder, infanticide & parricide the aggressor wielded his weapon)

Where the intended victim was (not where

the aggressor was situated) – so long as
the weapon or the bullet either touched
him or fell inside the territory where he
2 Attempted homicide, etc. was

3 Bigamy Where the illegal marriage was performed

Where the property was unlawfully taken

from the victim (not the place to which the
criminal went after the commission of the
4 Theft & robbery crime)
 Where the object of the crime was
Estafa or swindling thru false received (not where the false
5 representation representations were made)

Conspiracy to commit treason, rebellion, Where the conspiracy was formed (not
or seditionNOTE: Other conspiracies are where the overt act of treason, rebellion
6 NOT penalized by our laws or sedition was committed)

7 Libel Where published or circulated

Any place where the offense begins, exists

8 Continuing crime or continues

Any place where any of the essential

9 Complex crime elements of the crime took place

Rules on Juridical Persons

FACTUAL SITUATION POINT OF CONTACT

Corporations

General rule: the law of the place of

incorporationEXCEPTIONS:

1. For constitutional purposes –

even of the corporation was
incorporated in the RP, it is nor
deemed a Filipino corporation &
therefore can’t acquire land,
exploit our natural resources, 7
operate public utilities unless 60%
of capital if Filipino owned

2. For wartime purposes – we pierce

the corporation veil & go to the
nationality of the controlling
stockholders to determine if the
Powers and liabilities
corporation is an enemy

Formation of the corporation (requisites);
kind of stocks, transfer of stocks to bind
the corporation, issuance, amount &
legality & dividends, powers & duties of
members, stockholders and officers
Validity of corporate acts & contracts
(including ultra vires acts)
Right to sue & amenability to court
processes & suits against it
Manner & effect of dissolution
Domicile
Receivers (appointment & powers)
NOTE: Theories on the personal and/or governing law of corporations:
1. Law of the place of incorporation (this is generally the RP rule)
2. Law of the place or center of management (center for administration or siege social)
(CONTROL TEST)
Law of the place of incorporation
Law of the place of incorporation & law of
the place of performance (the act or
contract must be authorized by BOTH
laws)
Lex fori
Law of the place of incorporation
provided that the public policy of the
forum is not militated against
If not fixed by the law creating or
recognizing the corporation or by any
other provision – the domicile is where it
is legal representation is established or
where it exercises its principal functions
(Article. 15)
Principal receiver is appointed by the
courts of the state of incorporation;
ancillary receivers, by the courts of any
state where the corporation has assets
(authority is CO-EXTENSIVE) w/ the
authority of the appointing court
 (center office principle)

3. Law of the place of exploitation (exploitation centre or siege d’ exploitation)

Partnerships

The personal law of the partnership, i.e.,

The existence or non-existence of legal the law of the place where it was created
personality of the firm; the capacity to (Article 15 of the Code of Commerce)
contract; liability of the firm & the (Subject to the exceptions given above as
partners to 3rd persons in the case of corps.)

Creation of branches in the RP; validity & RP law (law of the place where branches
effect of the branches’ commercial were created) (Article 15, Code of
transaction; & the jurisdiction of the court Commerce)

Dissolution, winding up, & termination of

branches in the RP RP law (Article 15, Code of Commerce)

If not fixed by the law creating or

recognizing the partnership or by any
other provision – the domicile is where it
is legal representation is established or
where it exercises its principal functions
Domicile (Article. 15)

RP law insofar as the assets in the RP are

concerned can be exercised as such only
Receivers in the RP

Foundations (combination of capital

independent of individuals, usually not for Personal law of the foundation (place of
profit) principal center of administration)
Case Title : GERBERT R. CORPUZ, petitioner, vs. DAISYLYN TIROL STO. TOMAS and The SOLICITOR
GENERAL, respondents.Case Nature : PETITION for review on certiorari of a decision of the Regional Trial
Court of Laoag City, Br. 11.

Syllabi Class : Conflict of Laws|Recognition of Foreign Judgments|Civil Registry|Cancellation of Entries

Syllabi:

1. Marriages; Family Code; Husband and Wife; Declaration of Nullity; Divorce; The Family Code
recognizes only two types of defective marriages-

—void and voidable marriages—and in both cases, the basis for the judicial declaration of absolute
nullity or annulment of the marriage exists before or at the time of the marriage; Divorce contemplates
the dissolution of the lawful union for cause arising after the marriage.—The Family Code recognizes
only two types of defective marriages—void and voidable marriages. In both cases, the basis for the
judicial declaration of absolute nullity or annulment of the marriage exists before or at the time of the
marriage. Divorce, on the other hand, contemplates the dissolution of the lawful union for cause arising
after the marriage. Our family laws do not recognize absolute divorce between Filipino citizens.

2. Same; Same; Same; Same; The recognition of the foreign divorce decree may be made in a Rule 108
proceeding itself, as the object of special proceedings (such as that in Rule 108 of the Rules of Court) is
precisely to establish the status or right of a party or a particular fact.-

—We hasten to point out, however, that this ruling should not be construed as requiring two separate
proceedings for the registration of a foreign divorce decree in the civil registry—one for recognition of
the foreign decree and another specifically for cancellation of the entry under Rule 108 of the Rules of
Court. The recognition of the foreign divorce decree may be made in a Rule 108 proceeding itself, as the
object of special proceedings (such as that in Rule 108 of the Rules of Court) is precisely to establish the
status or right of a party or a particular fact. Moreover, Rule 108 of the Rules of Court can serve as the
appropriate adversarial proceeding by which the applicability of the foreign judgment can be measured
and tested in terms of jurisdictional infirmities, want of notice to the party, collusion, fraud, or clear
mistake of law or fact.

3. Same; Same; Same; Cancellation of Entries; The recognition that the Regional Trial Court (RTC) may
extend to a foreign divorce decree does not, by itself, authorize the cancellation of the entry in the civil
registry-

—a petition for recognition of a foreign judgment is not the proper proceeding, contemplated under the
Rules of Court, for the cancellation of entries in the civil registry; The Rules of Court supplements Article
412 of the Civil Code by specifically providing for a special remedial proceeding by which entries in the
civil registry may be judicially cancelled or corrected—Rule 108 of the Rules of Court sets in detail the
jurisdictional and procedural requirements that must be complied with before a judgment, authorizing
the cancellation or correction, may be annotated in the civil registry.—Another point we wish to draw
attention to is that the recognition that the Regional Trial Court (RTC) may extend to the Canadian
divorce decree does not, by itself, authorize the cancellation of the entry in the civil registry. A petition
for recognition of a foreign judgment is not the proper proceeding, contemplated under the Rules of
Court, for the cancellation of entries in the civil registry. Article 412 of the Civil Code declares that “no
entry in a civil register shall be changed or corrected, without judicial order.” The Rules of Court
supplements Article 412 of the Civil Code by specifically providing for a special remedial proceeding by
which entries in the civil registry may be judicially cancelled or corrected. Rule 108 of the Rules of Court
sets in detail the jurisdictional and procedural requirements that must be complied with before a
judgment, authorizing the cancellation or correction, may be annotated in the civil registry. It also
requires, among others, that the verified petition must be filed with the RTC of the province where the
corresponding civil registry is located; that the civil registrar and all persons who have or claim any
interest must be made parties to the proceedings; and that the time and place for hearing must be
published in a newspaper of general circulation. As these basic jurisdictional requirements have not been
met in the present case, we cannot consider the petition Gerbert filed with the RTC as one filed under
Rule 108 of the Rules of Court.

4. Same; Same; Civil Registry; While the law requires the entry of the divorce decree in the civil registry,
the law and the submission of the decree by themselves do not ipso facto authorize the decree’s
registration-

—there must first be a judicial recognition of the foreign judgment before it can be given res judicata
effect; The registration of the foreign divorce decree without the requisite judicial recognition is patently
void and cannot produce any legal effect.—But while the law requires the entry of the divorce decree in
the civil registry, the law and the submission of the decree by themselves do not ipso facto authorize the
decree’s registration. The law should be read in relation with the requirement of a judicial recognition of
the foreign judgment before it can be given res judicata effect. In the context of the present case, no
judicial order as yet exists recognizing the foreign divorce decree. Thus, the Pasig City Civil Registry Office
acted totally out of turn and without authority of law when it annotated the Canadian divorce decree on
Gerbert and Daisylyn’s marriage certificate, on the strength alone of the foreign decree presented by
Gerbert. Evidently, the Pasig City Civil Registry Office was aware of the requirement of a court
recognition, as it cited National Statistics Office (NSO) Circular No. 4, series of 1982, and Department of
Justice Opinion No. 181, series of 1982—both of which required a final order from a competent Philippine
court before a foreign judgment, dissolving a marriage, can be registered in the civil registry, but it,
nonetheless, allowed the registration of the decree. For being contrary to law, the registration of the
foreign divorce decree without the requisite judicial recognition is patently void and cannot produce any
legal effect.

5. Same; Same; More than the principle of comity that is served by the practice of reciprocal recognition
of foreign judgments between nations, the res judicata effect of the foreign judgments of divorce serves
as the deeper basis for extending judicial recognition and for considering the alien spouse bound by its
terms.-

—More than the principle of comity that is served by the practice of reciprocal recognition of foreign
judgments between nations, the res judicata effect of the foreign judgments of divorce serves as the
deeper basis for extending judicial recognition and for considering the alien spouse bound by its terms.
This same effect, as discussed above, will not obtain for the Filipino spouse were it not for the
substantive rule that the second paragraph of Article 26 of the Family Code provides.

6. Conflict of Laws; Recognition of Foreign Judgments; In the instant case where the foreigner seeking
recognition of the foreign divorce decree attached to his petition a copy of the divorce decree, as well as
the required certificates proving its authenticity, but failed to include a copy of the foreign law on
divorce, the Court deems it more appropriate to remand the case to the trial court to determine whether
the divorce decree is consistent with the foreign divorce law, given the Article 26 interests that will be
served and the Filipina wife’s obvious conformity with the petition.-

—In Gerbert’s case, since both the foreign divorce decree and the national law of the alien, recognizing
his or her capacity to obtain a divorce, purport to be official acts of a sovereign authority, Section 24,
Rule 132 of the Rules of Court comes into play. This Section requires proof, either by (1) official
publications or (2) copies attested by the officer having legal custody of the documents. If the copies of
official records are not kept in the Philippines, these must be (a) accompanied by a certificate issued by
the proper diplomatic or consular officer in the Philippine foreign service stationed in the foreign country
in which the record is kept and (b) authenticated by the seal of his office. The records show that Gerbert
attached to his petition a copy of the divorce decree, as well as the required certificates proving its
authenticity, but failed to include a copy of the Canadian law on divorce. Under this situation, we can, at
this point, simply dismiss the petition for insufficiency of supporting evidence, unless we deem it more
appropriate to remand the case to the Regional Trial Court (RTC) to determine whether the divorce
decree is consistent with the Canadian divorce law. We deem it more appropriate to take this latter
course of action, given the Article 26 interests that will be served and the Filipina wife’s (Daisylyn’s)
obvious conformity with the petition. A remand, at the same time, will allow other interested parties to
oppose the foreign judgment and overcome a petitioner’s presumptive evidence of a right by proving
want of jurisdiction, want of notice to a party, collusion, fraud, or clear mistake of law or fact. Needless
to state, every precaution must be taken to ensure conformity with our laws before a recognition is
made, as the foreign judgment, once recognized, shall have the effect of res judicata between the
parties, as provided in Section 48, Rule 39 of the Rules of Court.

7. Same; Same; Same; Same; Same; Same; Same; Same; The starting point in any recognition of a
foreign divorce judgment is the acknowledgment that our courts do not take judicial notice of foreign
judgments and laws-

—the foreign judgment and its authenticity must be proven as facts under our rules on evidence,
together with the alien’s applicable national law to show the effect of the judgment on the alien himself
or herself.—The starting point in any recognition of a foreign divorce judgment is the acknowledgment
that our courts do not take judicial notice of foreign judgments and laws. Justice Herrera explained that,
as a rule, “no sovereign is bound to give effect within its dominion to a judgment rendered by a tribunal
of another country.” This means that the foreign judgment and its authenticity must be proven as facts
under our rules on evidence, together with the alien’s applicable national law to show the effect of the
judgment on the alien himself or herself. The recognition may be made in an action instituted specifically
for the purpose or in another action where a party invokes the foreign decree as an integral aspect of his
claim or defense.

8. Same; Same; Same; Same; Same; Same; Conflict of Laws; Recognition of Foreign Judgments; The
unavailability of the second paragraph of Article 26 of the Family Code to aliens does not necessarily strip
such aliens of legal interest to petition the Regional Trial Court (RTC) for the recognition of his foreign
divorce decree-

—direct involvement or being the subject of the foreign judgment is sufficient to clothe a party with the
requisite interest to institute an action before our courts for the recognition of the foreign judgment.—
We qualify our above conclusion—i.e., that the second paragraph of Article 26 of the Family Code
bestows no rights in favor of aliens—with the complementary statement that this conclusion is not
sufficient basis to dismiss Gerbert’s petition before the Regional Trial Court (RTC). In other words, the
unavailability of the second paragraph of Article 26 of the Family Code to aliens does not necessarily strip
Gerbert of legal interest to petition the RTC for the recognition of his foreign divorce decree. The foreign
divorce decree itself, after its authenticity and conformity with the alien’s national law have been duly
proven according to our rules of evidence, serves as a presumptive evidence of right in favor of Gerbert,
pursuant to Section 48, Rule 39 of the Rules of Court which provides for the effect of foreign judgments. *
* * To our mind, direct involvement or being the subject of the foreign judgment is sufficient to clothe a
party with the requisite interest to institute an action before our courts for the recognition of the foreign
judgment. In a divorce situation, we have declared, no less, that the divorce obtained by an alien abroad
may be recognized in the Philippines, provided the divorce is valid according to his or her national law.

9. Same; Same; Same; Same; Same; Parties; Only the Filipino spouse can invoke the second paragraph
of Article 26 of the Family Code-

—the alien spouse can claim no right under this provision.—Given the rationale and intent behind the
enactment, and the purpose of the second paragraph of Article 26 of the Family Code, the RTC was
correct in limiting the applicability of the provision for the benefit of the Filipino spouse. In other words,
only the Filipino spouse can invoke the second paragraph of Article 26 of the Family Code; the alien
spouse can claim no right under this provision.

10. Same; Same; Same; Same; Same; Same; An action based on the second paragraph of Article 26 of
the Family Code is not limited to the recognition of the foreign divorce decree-

—if the court finds that the decree capacitated the alien spouse to remarry, the courts can declare that
the Filipino spouse is likewise capacitated to contract another marriage.—An action based on the second
paragraph of Article 26 of the Family Code is not limited to the recognition of the foreign divorce decree.
If the court finds that the decree capacitated the alien spouse to remarry, the courts can declare that the
Filipino spouse is likewise capacitated to contract another marriage. No court in this jurisdiction,
however, can make a similar declaration for the alien spouse (other than that already established by the
decree), whose status and legal capacity are generally governed by his national law.
11. Same; Same; Same; Same; Same; Same; Essentially, the second paragraph of Article 26 of the Family
Code provided the Filipino spouse a substantive right to have his or her marriage to the alien spouse
considered as dissolved, capacitating him or her to remarry.-

—As the RTC correctly stated, the provision was included in the law “to avoid the absurd situation where
the Filipino spouse remains married to the alien spouse who, after obtaining a divorce, is no longer
married to the Filipino spouse.” The legislative intent is for the benefit of the Filipino spouse, by clarifying
his or her marital status, settling the doubts created by the divorce decree. Essentially, the second
paragraph of Article 26 of the Family Code provided the Filipino spouse a substantive right to have his or
her marriage to the alien spouse considered as dissolved, capacitating him or her to remarry. Without
the second paragraph of Article 26 of the Family Code, the judicial recognition of the foreign decree of
divorce, whether in a proceeding instituted precisely for that purpose or as a related issue in another
proceeding, would be of no significance to the Filipino spouse since our laws do not recognize divorce as
a mode of severing the marital bond; Article 17 of the Civil Code provides that the policy against absolute
divorces cannot be subverted by judgments promulgated in a foreign country. The inclusion of the second
paragraph in Article 26 of the Family Code provides the direct exception to this rule and serves as basis
for recognizing the dissolution of the marriage between the Filipino spouse and his or her alien spouse.

12. Same; Same; Same; Same; Same; Legal Research; Through the second paragraph of Article 26 of the
Family Code, Executive Order No. (EO) 227 effectively incorporated into the law this Court’s holding in
Van Dorn v. Romillo, Jr., 139 SCRA 139 (1985), and Pilapil v. Ibay-Somera, 174 SCRA 653 (1989).-

—Recognizing the reality that divorce is a possibility in marriages between a Filipino and an alien,
President Corazon C. Aquino, in the exercise of her legislative powers under the Freedom Constitution,
enacted Executive Order No. (EO) 227, amending Article 26 of the Family Code to its present wording, as
follows: “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), 36, 37 and 38. 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 likewise have capacity to
remarry under Philippine law.” Through the second paragraph of Article 26 of the Family Code, EO 227
effectively incorporated into the law this Court’s holding in Van Dorn v. Romillo, Jr., 139 SCRA 139 (1985),
and Pilapil v. Ibay-Somera, 174 SCRA 653 (1989). In both cases, the Court refused to acknowledge the
alien spouse’s assertion of marital rights after a foreign court’s divorce decree between the alien and the
Filipino. The Court, thus, recognized that the foreign divorce had already severed the marital bond
between the spouses.
Case Title : Testate Estate of Joseph G. Brimo. JUAN MICIANO, administrator, petitioner and appellee,
vs. ANDRE BRIMO, opponent and appellant.
Case Nature : APPEAL from various orders of the Court of First Instance of Manila. Diaz and Harvey, JJ.

Syllabi Class :FOREIGN LAWS|POSTPONEMENT OF PROCEEDING|SUCCESSIONS|CONDITIONAL

LEGACY|CONDITION CONTRARY TO LAW

Syllabi:

1. FOREIGN LAWS; PRESUMPTION.-

In the absence of evidence to the contrary foreign laws on a particular subject are presumed to be the
same as those of the Philippines. (Lim and Lim vs. Collector of Customs, 36 Phil., 472.)

2. POSTPONEMENT OF PROCEEDING; DISCRETION.-

It is discretionary on the part of the court to postpone or not to postpone a particular proceeding in a
case, and when the person applying for it has already been given ample opportunity to present the
evidence that he wishes to introduce, the court commits no abuse of discretion in denying it.

3. SUCCESSIONS; CONDITIONAL LEGACY; CONDITION CONTRARY TO LAW; NULLITY OF.-

If the condition imposed upon the legatee is that he respect the testator's order that his property be
distributed in accordance with the laws of the Philippines and not in accordance with the laws of his
nation, said condition is illegal, because, according to article 10 of the Civil Code, said laws govern his
testamentary disposition, and, being illegal, shall be considered unwritten, thus making the institution
unconditional.

Case Title : REPUBLIC OF THE PHILIPPINES, petitioner, vs. CIPRIANO ORBECIDO III, respondent.Case
Nature : PETITION for review on certiorari of the decision and resolution of the Regional Trial Court of
Molave, Zamboanga del Sur, Br. 23.

Syllabi Class : Family Code|Civil Procedure|Marriages|Divorce|Declaratory Relief

Syllabi:

1. Family Code; Marriages; Divorce; The Supreme Court holds that paragraph 2 of Article 26 should be
interpreted to include cases involving parties who, at the time of the celebration of the marriage were
Filipino citizens, but later on, one of them becomes naturalized as a foreign citizen and obtains a divorce
decree.-

This case concerns the applicability of Paragraph 2 of Article 26 to a marriage between two Filipino
citizens where one later acquired alien citizenship, obtained a divorce decree, and remarried while in the
U.S.A. The interests of the parties are also adverse, as petitioner representing the State asserts its duty to
protect the institution of marriage while respondent, a private citizen, insists on a declaration of his
capacity to remarry. Respondent, praying for relief, has legal interest in the controversy. The issue raised
is also ripe for judicial determination inasmuch as when respondent remarries, litigation ensues and puts
into question the validity of his second marriage. x x x We hold that Paragraph 2 of Article 26 should be
interpreted to include cases involving parties who, at the time of the celebration of the marriage were
Filipino citizens, but later on, one of them becomes naturalized as a foreign citizen and obtains a divorce
decree. The Filipino spouse should likewise be allowed to remarry as if the other party were a foreigner
at the time of the solemnization of the marriage. To rule otherwise would be to sanction absurdity and
injustice. Where the interpretation of a statute according to its exact and literal import would lead to
mischievous results or contravene the clear purpose of the legislature, it should be construed according
to its spirit and reason, disregarding as far as necessary the letter of the law. A statute may therefore be
extended to cases not within the literal meaning of its terms, so long as they come within its spirit or
intent.

2. Family Code; Marriages; Divorce; The Supreme Court is unanimous in holding that paragraph 2 of
Article 26 of the Family Code (E.O. No. 209, as amended by E.O. No. 227), should be interpreted to allow
a Filipino citizen, who has been divorced by a spouse who had acquired foreign citizenship and remarried,
also to remarry.-

We are unanimous in our holding that Paragraph 2 of Article 26 of the Family Code (E.O. No. 209, as
amended by E.O. No. 227), should be interpreted to allow a Filipino citizen, who has been divorced by a
spouse who had acquired foreign citizenship and remarried, also to remarry.

3. Family Code; Marriages; Divorce; The reckoning point is not the citizenship of the parties at the time
of the celebration of the marriage, but their citizenship at the time a valid divorce is obtained abroad by
the alien spouse capacitating the latter to remarry.-

We state the twin elements for the application of Paragraph 2 of Article 26 as follows: 1. There is a valid
marriage that has been celebrated between a Filipino citizen and a foreigner; and 2. A valid divorce is
obtained abroad by the alien spouse capacitating him or her to remarry. The reckoning point is not the
citizenship of the parties at the time of the celebration of the marriage, but their citizenship at the time a
valid divorce is obtained abroad by the alien spouse capacitating the latter to remarry. In this case, when
Cipriano’s wife was naturalized as an American citizen, there was still a valid marriage that has been
celebrated between her and Cipriano. As fate would have it, the naturalized alien wife subsequently
obtained a valid divorce capacitating her to remarry. Clearly, the twin requisites for the application of
Paragraph 2 of Article 26 are both present in this case. Thus Cipriano, the “divorced” Filipino spouse,
should be allowed to remarry.

4. Civil Procedure; Declaratory Relief; Requisites of a Petition for Declaratory Relief.-

The requisites of a petition for declaratory relief are: (1) there must be a justiciable controversy; (2) the
controversy must be between persons whose interests are adverse; (3) that the party seeking the relief
has a legal interest in the controversy; and (4) that the issue is ripe for judicial determination.