Legal Status (2) If the husband is a foreigner and the wife is a citizen of

Art. 15. Laws relating to family rights and duties, or to the the Philippines, the laws of the husband's country shall be
status, condition and legal capacity of persons are binding upon followed, without prejudice to the provisions of this Code with
citizens of the Philippines, even though living abroad. (9a) regard to immovable property. (1325a)

FC. Art. 80. In the absence of a contrary stipulation in a

Family Relations
marriage settlement, the property relations of the spouses shall
Art. 71. All marriages performed outside the Philippines in
be governed by Philippine laws, regardless of the place of the
accordance with the laws in force in the country where they
celebration of the marriage and their residence.
were performed, and valid there as such, shall also be valid in
This rule shall not apply:
this country, except bigamous, polygamous, or incestuous
(1) Where both spouses are aliens;
marriages as determined by Philippine law. (19a)
(2) With respect to the extrinsic validity of contracts affecting
property not situated in the Philippines and executed in the
Art. 75. Marriages between Filipino citizens abroad may be country where the property is located; and
solemnized by consuls and vice-consuls of the Republic of the (3) With respect to the extrinsic validity of contracts entered
Philippines. The duties of the local civil registrar and of a judge into in the Philippines but affecting property situated in a
or justice of the peace or mayor with regard to the celebration foreign country whose laws require different formalities for its
of marriage shall be performed by such consuls and vice- extrinsic validity. (124a)
consuls. (n)
FC. Art. 10. Marriages between Filipino citizens abroad may be
Art. 17.2 When the acts referred to are executed before the solemnized by a consul-general, consul or vice-consul of the
diplomatic or consular officials of the Republic of the Philippines Republic of the Philippines. The issuance of the marriage
in a foreign country, the solemnities established by Philippine license and the duties of the local civil registrar and of the
laws shall be observed in their execution. solemnizing officer with regard to the celebration of marriage
shall be performed by said consular official. (75a)
FC Art. 26. All marriages solemnized outside the Philippines, in
accordance with the laws in force in the country where they FC. Art. 7. Marriage may be solemnized by:
were solemnized, and valid there as such, shall also be valid in (5) Any consul-general consul or vice-consul in the case
this country, except those prohibited under Articles 35 (1), (4), provided in Art.. 10. (56a)
(5) and (6), 3637 and 38. (17a)
Where a marriage between a Filipino citizen and a SUCCESSION
foreigner is validly celebrated and a divorce is thereafter validly Art. 17.1 The forms and solemnities of contracts, wills, and
obtained abroad by the alien spouse capacitating him or her to other public instruments shall be governed by the laws of the
remarry, the Filipino spouse shall have capacity to remarry country in which they are executed.
under Philippine law. (As amended by Executive Order 227)
Art. 16.2 However, intestate and testamentary successions,
FC Art. 35. The following marriages shall be void from the both with respect to the order of succession and to the amount
beginning: of successional
(1) Those contracted by any party below eighteen years of rights and to the intrinsic validity of testamentary provisions,
age even with the consent of parents or guardians; shall be regulated by the national law of the person whose
(4) Those bigamous or polygamous marriages not failing succession is under consideration, whatever may be the nature
under Article 41; of the property and regardless of the country wherein said
(5) Those contracted through mistake of one contracting property may be found. (10a)
party as to the identity of the other; and
Art. 1039. Capacity to succeed is governed by the law of the
FC Art. 36. A marriage contracted by any party who, at the
nation of the decedent. (n)
time of the celebration, was psychologically incapacitated to
comply with the essential marital obligations of marriage, shall
Art. 815. When a Filipino is in a foreign country, he is
likewise be void even if such incapacity becomes manifest only
authorized to make a will in any of the forms established by the
after its solemnization. (As amended by Executive Order 227)
law of the country in which he may be. Such will may be
probated in the Philippines. (n)
FC Art. 37. Marriages between the following are incestuous
and void from the beginning, whether relationship between the
Art. 816. The will of an alien who is abroad produces effect in
parties be legitimate or illegitimate:
the Philippines if made with the formalities prescribed by the
(1) Between ascendants and descendants of any degree; and
law of the place in which he resides, or according to the
(2) Between brothers and sisters, whether of the full or half
formalities observed in his country, or in conformity with those
blood. (81a)
which this Code prescribes. (n)
FC Art. 38. The following marriages shall be void from the
Art. 817. A will made in the Philippines by a citizen or subject
beginning for reasons of public policy:
of another country, which is executed in accordance with the
(1) Between collateral blood relatives whether legitimate or
law of the country of which he is a citizen or subject, and which
illegitimate, up to the fourth civil degree;
might be proved and allowed by the law of his own country,
(2) Between step-parents and step-children;
shall have the same effect as if executed according to the laws
(3) Between parents-in-law and children-in-law;
of the Philippines. (n)
(4) Between the adopting parent and the adopted child;
(5) Between the surviving spouse of the adopting parent and
Art. 818. Two or more persons cannot make a will jointly, or in
the adopted child;
the same instrument, either for their reciprocal benefit or for
(6) Between the surviving spouse of the adopted child and
the benefit of a third person. (669)
the adopter;
(7) Between an adopted child and a legitimate child of the
Art. 819. Wills, prohibited by the preceding article, executed
adopter;
by Filipinos in a foreign country shall not be valid in the
(8) Between adopted children of the same adopter; and
Philippines, even though authorized by the laws of the country
(9) Between parties where one, with the intention to marry
where they may have been executed. (733a)
the other, killed that other person's spouse, or his or her own
spouse. (82)
CONTRACT
Art. 1306. The contracting parties may establish such
Art. 124. If the marriage is between a citizen of the Philippines
stipulations, clauses, terms and conditions as they may deem
and a foreigner, whether celebrated in the Philippines or
convenient, provided they are not contrary to law, morals, good
abroad, the following rules shall prevail:
customs, public order, or public policy. (1255a)
(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;
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.

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)

FC. 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 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. (124a)

FC. 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. 118. The property relations between husband and wife

shall be governed in the following order:
(1) By contract executed before the marriage;
(2) By the provisions of this Code; and
(3) By custom. (1315a)