Escolar Documentos
Profissional Documentos
Cultura Documentos
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As to NATURE or CHARACTER c. Special laws
International in Character National, Municipal, or d. Treaties and conventions
local in character e. Judicial decisions
As to PERSONS Involved f. International customs
Private Individuals or States, international i. Lex situs = law of the place where the
corporations organizations property is situated
As to TRANSACTIONS Involved ii. Lex loci celebrationis = law of the place
Private transactions Generally affect public of celebration or execution (formalities
interest; in which or solemnities)
sovereign states are iii. Either lex nationalii (adopted in PH) or
interested lex domicilli = national law or the
As to REMEDIES or SANCTIONS domiciliary law (successional rights to
Resort to municipal Resort may be peaceful an estate)
tribunals (diplomatic negotiation, iv. In Criminal Law: Principle of
mediation, arbitration, Territoriality (jurisdiction is where a
judicial settlement by ICJ), crime has been omitted) and Principle
or by forcible remedies of Generality (bind both citizens and
(severance of diplomatic aliens who are in the said country or
relations, reprisals, territory; upon all who live or sojourn
embargo, boycott, pacific in Philippine territory: Art. 14 of Civil
blockade, war Code)
EXCEPTIONS TO PRINCIPLE OF
o DUALIST vs MONIST School of Thought GENERALITY:
1. Principles of Public
MONISM DUALISM International Law (i.e.
diplomatic immunity)
International law and (pluralist theory, based on
2. Treaty stipulations (i.e.
domestic law belong to positivism) domestic and
grant of bases which is a
only one system of law international law are two
waiver of jurisdiction
with international law different spheres of law.
within the terms
considered as superior to They would favor state
“necessary
domestic law law.
appurtenances…and
rights incident thereto.”
o May overlap:
v. Agreement vs Treaty (by De
If State A should recognize the government
Leon, pp. 21)
of State B, the latter is given permission to
sue in the courts of the former.
2.Indirect
But a sovereign state, whether recognized
a. Natural Moral Law – rule of human conduct
or not, cannot be made a defendant in a
implanted by God in our nature and in our
foreign country. This is in line with the
conscience urging us to do what is right and
“State Immunity from Suit.” Because aside
avoid what is evil.
from the fact that it is an insult against a
b. Work of Writers – writings that have influence
sovereign state, how can the judgment
judicial decisions on the subject.
ever be effectively enforced?
Donald Baer Commander US Naval Base vs
Hon. Tito Tizon
SOURCES
CHAPTER 2 (JURISDICTION)
1. Direct
What the Tribunals of the Forum Must Do
a. Constitutions
b. Codifications
Alternatives Given to the Court
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1. When without jurisdiction – dismiss the case;
2. When with jurisdiction: How Service is Made on a Private Foreign
a. Refuse to assume jurisdiction on the Corporation (Rule 14, Sec. 12)
ground of “forum non conveniens;” or o Corporation must be doing business in the
b. Assume jurisdiction, in which case it may Philippines and not engaged merely on isolated
either: transaction
i. Apply the internal law of the o Immaterial whether the business is doing illegal
forum (lex fori); or or not
- On its resident agent
ii. Apply the proper foreign law (lex
- On the government official designated by law
causae) - Or any of its officers or agents within the Philippines
Question of Jurisdiction
Jurisdiction – the authority of a tribunal to
hear and decide a case, as well as its power to Principle of Continuing Jurisdiction
enforce any judgment it may render thereon. - Even if the defendant leaves the state of the forum
prior to the final determination of the suit, the
KINDS OF JURISDICTION: jurisdiction that had been previously acquired over
1. Over the SUBJECT MATTER (conferred by laws; him continues.
authority of a court to head and decide cases of
the general class to which the proceedings in REFUSAL TO ASSUME JURISDICTION: forum non
question belong) conveniens
- Reason often given for refusal to assume jurisdiction is
that to do so would prove ‘inconvenient’ for the
2. Over the PERSON (binding on the parties forum: “Forum non conveniens” or the court’s
involved: plaintif –acquired from the moment he discretionary power to decline the exercise of its
instituted the action; and defendant- acquired jurisdiction where another court may more
by: conveniently hear a case.
(1) voluntary appearance even through by motion or Instances where forum non conveniens may be invoked:
simple manifestation of appearance except if the F E Ni C O
purpose us to question the jurisdiction of the court 1. The evidence and the witnesses may not be readily
over his person; available;
2. The court dockets of the forum may already be
(2) by service of summons which may either be clogged;
through personal service – serving a copy to the 3. Where “forum shopping” is ought to be curbed;
defendant in person or by tendering it to him if he 4. The forum has no particular interest in the case
refuses to receive it, or through substituted service – if (parties may neither be citizens or residents; subject
defendant cannot be served within a reasonable matter occurred elsewhere; cause of action not
time); related to the forum)
5. When other courts are open; the case may be better
(3) by summons by publication – if the action is in tried in said courts.
rem or quasi in rem or if it involves the personal status
of the plaintiff.
Note: The doctrine should generally apply only if the
Action In Rem Action In Personam
defendant is a corporation. If the defendant is an
Directed against Directed against a individual, the proper forum might not acquire
the thing itself particular person(s) jurisdiction over him (i.e. he may not be residing there),
Binding upon the Binding only between leaving plaintiff without any remedy.
whole world and among the parties
in the case Application of the Principle:
1. If neither the plaintiff nor the defendant, nor the
3. Over the RES (“particular” subject matter i.e. real cause of the action is related to the forum;
property; may be acquired by coercive seizure of
the property by attachment proceedings)
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2. In the interest of justice, where the suit is between entered into in the Philippines but affecting
aliens or non-residents, or where the litigation can the property situated outside the country
more appropriately be conducted in a foreign tribunal. whose laws require different formalities for
its extrinsic validity. Examples:
ILLUSTRATION: Heine vs New York Insurance Co. o The matrimonial property regime is
governed by the national law of the
FACTS: German citizens brought insurance claims against the husband, not by the location of the property.
New York Life Insurance Company, a NY based corporation, In PH, the presumed matrimonial property
issued in Germany before the Oregon Court in USA. relations shall be the ‘absolute community of
property.’ Hence, if a Filipino marries a
ISSUE: WON Oregon court may refuse to take cognizance of the foreign woman, their property relations will
case on the ground of forum non conveniens. be absolute community of property. But if a
Filipina woman marries a foreign man, the
HELD: YES. To require it to defend the action would impose property relations shall be governed
upon it great and unnecessary inconvenience and expense, depending on the national laws of the
and probably compel them to produce numerous records from husband.
Oregon to miles away from its home office. Also, it would iv. Art. 829 (revocation of wills)
consume months to try to dispose of the case.
2. When the proper foreign law (lex causae) has
ASSUMPTION OF JURISDICTION not been properly pleaded and proved;
When jurisdiction is assumed, the forum may either apply = there is no judicial notice of any foreign law.
lex fori or the lex causae. If not properly pleaded and proved, our courts
will presume that the foreign law is the same as
Application of the Internal or Domestic Law our local or domestic or internal law.
(Lex Fori): E N E C – P P A R
Proof of Foreign Law
1. When the law of the forum expressly so
o If it is WRITTEN, it may be proved by an
provides in its conflicts rules;
(1) official publication thereof; or (2) a
i. Art. 16, par. 1 (mandates the application of
copy of such accompanied with a
lex situs or lex res sitae to all properties,
certificate issued by an officer having the
whether real or personal, found and
custody of the record.
located here) - property transactions
o If UNWRITTEN, it may be proved by (1)
ii. Art. 16, par. 2 (order and mount of
oral testimony of expert witness; or (2)
successional rights, intrinsic validity of
by printed and published books of
testamentary provisions, and capacity to
reports or decisions of the country
succeed). Hence, when a Filipino father
involved.
with a Chinese child dies, the estate of the
father shall be distributed in accordance
3. When the case involves any of the exceptions to
with the Philippine law because the
the application of the lex causae (exceptions to
deceased is a Filipino national.
‘comity’):
iii. Art. 80 (property relations of marriage) –
“In the absence of contrary stipulation in a
a. When the foreign law, judgment, or
marriage settlement, the property relations
contract is contrary to a sound and
of the spouses shall be governed by
established public policy of the forum;
Philippine laws, regardless of the place of
the celebration of the marriage and their
Ex: incestuous marriage, joint will.
residence except (1) where both spouses
are aliens, (2) with respect to the extrinsic
Public Policy – the manifest will of a state.
validity of contracts affecting property not
Contrary to Public Policy – when we already have
situated in PH and executed in the country
a conflicts rule or a rule governing a situation
where the property is located, (3) with
where a foreign element is involved)
respect to the extrinsic validity of contracts
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NOTE: While foreign law may be contrary to our c. When the foreign law…involves procedural
law, it is not necessarily contrary to our public matters;
policy.
BASIS: There are no vested rights in the rules of
EXAMPLES: procedure; one must take the procedural formalities of a
forum in the state in which he finds them.
American dies, leaving properties in PH. He gave
nothing to his children in his will. Can his will be EXAMPLES:
given effect in PH despite the PH policy to grant An American, used to ‘trials by jury’ in the US cannot insist on a jury
trial in the Philippines in case he is accused of a crime he committed in
children their legitimes?
our country.
Yes. Art. 16 (2) of the Civil Code (a conflicts of rule) d. When the case involves penal laws, contracts,
provides that successional rights are governed by the judgments;
‘national law’ of the deceased.
PENAL LAWS, CONTRACTS, JUDGMENTS = criminal laws; if
May an absolute divorce be obtained abroad by the purpose of penalty is to ‘remedy an act of injustice
Filipinos be given effect in the Philippines? against the general public’
NO. Art. 15 of the Civil Code provides that ‘laws relating EXAMPLES:
to family rights and duties, or to the status, condition, i. CRIMINAL STATUTES
and legal capacity of persons are binding upon citizens of
the Philippines, even though living abroad” Frd – S – C - L A Filipino murders a friend in New York.
May marriage between first cousins in California, He cannot be prosecuted in the Philippines but by the
where it is valid, be recognized in the Philippines? laws of New York. This is based on principle of
territoriality.
NO. Art. 71 of the Civil Code provides that ‘All marriages
performed outside the Philippines in accordance with the ii. CONTRACTS WITH PENALTY CLAUSE
laws in force in the country where they were performed
and valid there as such, shall also be valid in this country, A enters into a contract with B in New York. It stipulates that in the
except bigamous, polygamous, or incestuous marriages event of default, forfeiture of any advance payment would ensue. May
as determined by Philippine laws. the ‘penalty clause’ be enforced in PH?
May the marriage between a Filipino step YES. Because ‘penalty clause’ should not be considered a
brother and his Filipina step sister in California penalty.
(valid there) be recognized in Philippines?
e. When the case involves purely fiscal (revenue-
YES. For the simple reason that it is not bigamous, polygamous, or producing) or administrative matters;
incestuous. Statues which restrict natural rights, such as the right to A State should not be burdened with the task of implementing the
marry must be construed restrictively or strictly. What the law does financing activities of other countries. Thus, if Filipino is assessed for
not include, it excludes. Inclusio union, exclusion est alterius. Thus, if a his income tax in New York and he decides to abandon his liability
marriage does not fall under the enumerated exceptions, it should there and comes back to PH to escape from the New York tax, NY
come under the general rule. Furthermore, Art. 71, which is our only cannot successfully sue him in our courts for said liability. After all, a
law on foreign marriages are ‘merely general provisions.’ It is well tax liability ‘does not arise from a contract entered into with the
known that in case of conflict between general and particular government concerned: it is a unilateral demand, a legal imposition
provisions, the particular provisions should prevail. which can be successfully enforced only within the territorial
jurisdiction of the foreign state.
b. When the foreign law…is contrary to almost
Similarly with administrative codes of alien governments, we cannot
universally conceded principles of morality be expected to assist in the implementation of foreign governmental
(contra bonos mores); functions.
Example: prostitution
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f. When the application of the foreign law, trial as fair and impartial on the ground
judgment, or contract, may work undeniable that the French tribunals do not regard
justice to the citizens or residents of the forum; American decisions with finality; applying
the principle of RECIPROCITY.
Prevailing circumstances should naturally determine the
justness of a claim. ii. (Based on) persuasiveness – If the forum
is persuaded that a foreign judgment is
meritorious and has been rendered by a
g. When the application of the foreign law… may
court of competent jurisdiction, it will
work against the vital interests and national
enforce that judgment in the forum even
security of the state of the forum;
if the forum does not reciprocate.
h. When the case involves real or personal property
JOHNSTON vs COMPANIE GENERALE
situated in the forum. TRANSATIANTIQUE: An American sued a
French corporation. Judgment was
Instances Exempting the Application of Internal rendered in favor of the corporation.
or Domestic Law to Conflict of Laws: American tried again but in the American
court. The American found the French
1. A foreign sovereignty, diplomatic official, or judgment to be final.
public vessel or property of another state is
involved; “Comity rests, not on the basis of
2. The state accepted a limitation upon its reciprocity but upon the
jurisdiction over certain persons or things of persuasiveness of the foreign
another State through a treaty; judgment.”
3. Foreign law has been pleaded and proved. (Rule
132, Sec. 25, ROC). Note: A foreign final judgment “is presumptive
evidence of a right as between the parties and
their successors in interest by subsequent title”
and may be repelled by evidence of want of
CHAPTER III – CHOICE OF LAW jurisdiction, want of notice to the party,
Theories on Why the Foreign Law May in Some Cases Be collusion, fraud, or clear mistake of law or fact.”
Given Efect CVL-HRJ
2. Theory of Vested Rights – Here we seek to
1. Theory of Comity – we apply foreign law because enforce not the foreign law itself but the ‘rights
of its ‘convenience’ and because we want to give that have been vested’ under such foreign law; a
‘protection’ to our citizens, residents, and right having been created by an appropriate law,
transients in our land. the recognition of its existence follows
- Being voluntary and not obligatory, rests in the everywhere.
discretion of the tribunals of the forum and is - BASIS: PRINCIPLE OF TERRITORIALITY.
governed by certain more or less recognized
rules. LOUCKS vs STANDARD OIL CO.: A NY resident was
2 KINDS: killed in Massachusetts through reckless
imprudence of the defendant’s driver. A suit was
i. (Based on) reciprocity – “If the laws and
ensued in New York to “recover damages” on the
judgments of the forum are recognized in
basis of a Massachusetts statute granting monetary
a foreign state, the forum will in turn award in a case like this. Defendant alleges that NY
recognize the laws and judgments law cannot apply the Massachusetts law.
emanating from the said state.”
“Massachusetts law can be applied not necessarily
HILTON vs GUYOT: American Court cannot because it will be applied in NY but because the
enforce the French judgment which was vested right created under MSCTS law should be
against an American national despite that recognized in NY. The fundamental policy is that
the American court deemed the French there shall be some atonement for the wrong.
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REQUISITES FOR RECOGNITION OR ENFORECMENT OF
3. Theory of Local Law – Foreign law is applied not FOREIGN JUDGMENT (P J C C R)
because it is foreign, but because ‘our own laws 1. Proof of foreign judgment
require us to do so’ i.e. when a foreign law has 2. Judgment must be civil or commercial matter
3. Proper jurisdiction, notice (no collusion, extrinsic fraud, or clear
become part and parcel of our own local law. mistake of fact or law);
4. Judgment must not contravene a sound public policy
4. Theory of Harmony Laws – so that wherever a - unfaithful mother, awarded by a US court custody of her
case is decided irrespective of the forum, the child was denied said custody by our courts.
5. Judgment must be res judicata (final, based on merits, jurisdiction,
solution should be approximately the same; identity of parties – subject matter – cause of action)
“identical problems must have identical solutions
anywhere.”
EFFECT OF FOREIGN JUDGMENTS
5. Theory of Justice – the purpose of all laws is the 1. Judgment against a specific thing – “conclusive upon the
dispensing of justice; if this can be attained by title to the thing;”
2. Judgment against a person – is presumptive evidence of a
applying the proper foreign law, we must do so. right as between the parties and their successors in interest.
ONCE ENFORCED, AS IF ENFORCED BY OUR OWN COURT’S
6. Right Theory – the theories adverted to do not JUDGMENT
mutually exclude one another.
CHAPTER V
COLLATERAL MATTERS
1. nature and proof of foreign judgments NATURE AND COMPOSITION OF CONFLICT RULES
2. nature and composition of the conflicts rules CONFLICT RULES (RULES OF PRIVATE INTERNATIONAL LAW) – provisions in a
3. characterization or classification of conflict rules country’s own law which covers a factual situation with a foreign element.
and judgments
Kinds of Conflict Rules:
4. various theories on status and capacity 1. ONE-SIDED (Philippine Internal Law applies)
5. The Problem of the Renvoi.
EXAMPLES:
Art. 15. “Laws relating to family rights and duties, or the status, condition,
and the legal capacity of persons are binding upon the citizens of the
Philippines, even though living abroad”
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THEORIES ON PERSONAL LAW
1. National Law – law of his nationality governs
CHAPTER VI – CHARACTERIZATION OF CONFLICTS
RULE Art 15 – Family Rights, Duties, Status, Conditions, and Legal
Capacity
CHARACTERIZATION
- The process of determining under what category a certain set of facts fall Art. 16 (2) – Order of Succession, Successional Rights,
Intrinsic validity of testamentary provisions
Steps in Characterization:
1. Determination of facts involved; Art. 21 (Family Code) – capacity to contract marriage
2. Characterization of the factual situation;
- A Californian wife dies. Her husband claims the entire conjugal property Art. 1039 – Capacity to succeed is governed by the law of
by virtue of accretion invoking Californian law. In our law, it is succession the nation of the decedent. e
and not accretion.
2. Domiciliary Law – domicile as the determinative law
Art. 26. “A marriage celebrated abroad is VALID in the place of celebration,
3. Situs/Eclectic Theory – the place (situs) of an event is the
EXCEPT when the marriage is bigamous polygamous, or incestuous.
controlling law
3. Determination of the conflicts rule to be applied;
4. Characterization of the connecting factor;
5. Characterization of the problem as procedural or substantive;
6. Pleading and proving the proper foreign law;
7. Application of the foreign law to the problem.
CHAPTER VIII – NATIONALITY THEORY
Theories on Characterization -by virtue of which, the status and capacity of an individual is generally
1. Lex Fori Theory – forum merely considers its own concepts in its own governed by the law of his nationality; adopted in the Philippines
characterization.
2. Lex Causae Theory – opposite; to follow the characterization of the foreign NATIONALITY AND CITIZENSHIP
state which is the principal point of contract. Nationality – is membership in an ethnic, social, racial, and cultural group;
3. Universal Analytical Theory (comparative approach theory) – synonymously used with citizenship
characterization comes only after a general comparative analytical study of Citizenship – membership in a political society.
the jurisprudence of all states involved. Common factors both in lex fori Thus, when we say that successional right to the estate of a person
and the lex causae are taken into consideration. shall be governed by his national law, we mean the law of the state
4. Dual Theory of Lex Fori and Lex Causae – similar to “comparative of which the deceased was a citizen at the time of his death.
approach theory” except that only 2 concepts are considered into the
picture (lex fori and lex causae) instead of considering worldwide DEFECTS:
conceptions. 1. Refugees
5. Autonomous Theory 2. Stateless individuals – What will be their personal law?
6. Totality Theory – (1) get the characterization or the law intended by the 3. Dual or multiple nationality – What citizenship will control?
parties, and then (2) apply the characterization given by that intended law.
3 KINDS OF CITIZENS IN THE PHILIPPINES
1. Natural-born citizens – citizens from birth without having to
perform any act to acquire or perfect their Philippine citizenship
(Art. IV, Sec. 2, Consti.); must be distinguished from “native born
CHAPTER VII – VARIOUS THEORIES ON STATUS AND citizen”
CAPACITY
Government Officials who must be natural-born Filipinos:
a. Chief Justice
STATUS b. Associate Justices of the Supreme Court
– the place of an individual in a society; and consists of personal c. Senate President
qualities and relationships d. Members of the Senate
e. Speaker and Members of the HOR
Characteristics:
f. Chairmen and Members of the Constitutional
1. Conferred principally by the state, not by the individual; Commissions: CSC, COA, COMELEC
2. A matter of public or social interest;
3. A concept of social order; 2. Naturalized citizens – not natural-born citizens; who become such
4. Generally supposed to have a universal character. through judicial proceedings (Art. IV, Sec. 1(4), 1987 Consti)
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2. Jus Sanguinis – “citizenship by blood;” Follows the citizenship of his STATELESS INDIVIDUALS: (D R V C)
parents 1. Deprived of his citizenship (by committing a crime)
2. Renounced his nationality (by certain act, express or implied)
Art. 2, Hague Convention of Conflict of Nationality Laws: 3. Voluntarily asked for release from original state
“Any question as to whether a person possesses the nationality of a 4. When born in a state that applies only the principle of jus sanguinis, whose
particular state should be determined in accordance with the law parents are governed with laws recognizing only jus soli.
of the state.”
Personal Laws of Stateless Individuals
Illustration:
1. The law of domicile or habitual residence. – applies on successional rights.
A Chinese applicant for naturalization had all the qualifications and none of the
2. Law of the place of temporary residence.
disqualifications.
OSG objected on the ground that he did not obtain permission to renounce
Chinese citizenship. JUDICIAL ACTIONS/REMEDIES ON CITIZENSHIPS (J O F I)
1. Judicial Declaration of Philippine Citizenship – illegitimate child of a Chinese
(A) The applicant can be naturalized because in our country, it is father and a Filipino mother files a petition for correction of entry in Civil
insignificant that he disobeyed Chinese laws. What matters is his Registry (as Chinese to Filipino)
compliance with our laws. 2. File a petition for citizenship or naturalization – Chinese woman married to
a Filipino; went to the court to seek a declaration of Philippine citizenship
(Q) What if he is still regarded as Chinese citizen in China? 3. Injunction – One claims to be a Filipino citizen; Bureau of Immigration
(A) This is not a case of dual citizenship. (1) Insofar as the Philippines is requires them to register as aliens
concerned, he is a Filipino. And (2) insofar as the China is concerned, he 4. Oath of Allegiance – An illegitimate daughter of a Filipino mother (was
may only be a Chinese and not a Filipino. (3) From the viewpoint of a third erroneously registered as an alien) married an alien. She later petitioned for
state, dual or multiple citizenship may exist. judicial repatriation.
(A): Get the law of the forum if the forum is one of the countries of which Filipino Male Who Marries an Alien
the deceased was a national. Absent such case, as in this case, Philippine “An alien woman marrying a Filipino, native-born or naturalized, becomes ipso
law shall control the successional rights to his estate. (Art. 16, par. 2, Civil facto a Filipino provided she is not disqualified to be a citizen of the
Code) Philippines under Sec. 4 of the the Revised Naturalization Law.’
2. Chinese-Japanese died in Manila, leaving properties in the Philippines. Prior Alien Woman Married to an Alien Husband Who Takes Oath
to his death, he was domiciled in Japan. of Allegiance as a Filipino Citizen
The alien woman follows the Philippine citizenship of her husband the
(A): Japanese law shall apply because he was both a citizen and
moment he takes his oath, provided she is not disqualified under the
domiciliary of Japan. If it is evident that the deceased considered the
domicile as the more effective connecting factor for his personal law,
law.
THEORY OF EFFECTIVE NATIONALITY APPLIES.
Thus, it is not necessary for an alien to prove in a judicial proceeding that she
DOMICILIARY THEORY applies “if the deceased is not a citizen of the posses all the qualifications and none of the disqualifications under the
forum, the law of the nation of which he was both a national and a Revised Naturalization Law.
domiciliary governs.”
CITIZENS OF THE PHILIPPINES, 1987 CONSTITUTION
3. (ART. 5, Hague Convention on Conflict of Nationality Laws) “…a third state 1. Who are citizens of the Philippines at the time of the adoption of
shall apply the nationalities based on either the (1) nationality of the country in this Constitution;
which he is habitually and principally a resident, or the (2) nationality of the 2. Whose fathers or mothers are citizens of the Philippines;
country with which in the circumstances he appears to be in fact most closely 3. Born before January 17, 1973, of Filipino mothers, who elect
connected to.
Philippine citizenship upon reaching the age of majority.
4. Cuban Singaporean was domiciled at the time of his death in Italy. He died in 4. Those naturalized in accordance with the law.
Alaska, leaving properties in the Philippines. What law governs his successional
rights? Derivative Citizenship – Those who become citizens of the
Philippine by virtue of their election benefits not only the
(A) individual himself but also his children.
1. First, get the Cuban and Singaporean law on succession and apply them
harmoniously; (law of nationality)
2. Secondly, in so far as there is a conflict, refer to the law of Italy (law of Chiongbian vs De Leon
domicile) Victoriano Chiongbian – born in the Philippines of foreign parents;
elected as councilor; has a son, William (still a minor at the time of the
Modalities of Acquiring Dual/Multiple Citizenship: (F L V C) adoption of Philippine Constitution). Cancellation of registration of
1. Through a naturalized citizen’s failure to comply with certain legal vessels sought against William on the ground that he is not a Filipino
requirements in the country of origin. citizen – that the grant of citizenship to his father by virtue of his
2. Combined application of “jus soli” and “jus sanguinis;” election to a public office is strictly personal and cannot be so
3. By legislative act of States; considered on William.
4. By voluntary act of the individual.
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(A) “William is a Filipino by virtue of the fact that he was still a minor 8. Subjects of a foreign country whose laws do not grant reciprocal
when his father became a Filipino citizen.” rights on naturalization
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1. Applies in Art. 829 of the Civil Code, “A revocation done “the effects of legitimation shall retroact to the time of the
outside the Philippines, by a person who does not have his child’s birth – Art. 180)
domicile in this country, is valid when it is done according to
the law of the place where the will was made, or according 4. Adopted Child – is not the domicile of the adopter but the
to the law of the place in which the testator had his domicile domicile of the real parent or parent by consanguinity.
at the time; and if the revocation takes place in this country,
when it is in accordance with the provisions of this Code.” 5. Foundling (an abandoned infant whose parents are
2. Both the domiciliary and the nationality theories are used: unknown) – is the country where he/she was found.
Art. 816, “The will of an alien who is abroad produces effect
in the Philippines if made with the formalities prescribed by Q: Suppose the parents become known, what will be the
the law of the place in which he resides, or according to the domicile of the origin of the foundling?
formalities observed in his country, or in conformity with
those which this Code provides.” A: He/she is NOT a foundling, and therefore cannot have a
3. It often runs to the rescue of the nationality theory in domicile of origin as a foundling.
solving conflicts problems posed by ‘stateless individuals’
and by those possessed of a ‘dual or multiple citizenship.’ RULES FOR THE CONSTRUCTIVE DOMICILE (DOMICILIUM
NECESARIUM)
DEFINITION OF DOMICILE - is that place where a person has certain
settled, fixed, legal relations because: A. Rules for Infants
1. Legitimate – domicile of choice of either the mother or father
3 KINDS OF DOMICILE
1. Domicile of Origin Example: If at the time the child is 6 years old, the domicile
o It is assigned to him by the law “at that moment of of choice of either the father or mother is in California, then
birth;” it will be the constructive domicile of the child at that age. If
o Applies only to infants; he reaches the age 6, the father or mother is already
o Never changes for a person is born only once; domiciled in China, China will be the constructive domicile of
o Fixed by law. said child at the age of 11.
2. Constructive Domicile or Domicile by Operation of Law
o Assigned to him by the law “after birth” on account of *In case of death of either parent, the domicile of the
legal disability caused for instance by minority, insanity, surviving parent governs.
or marriage in the case of a woman; or
o Refers to all those who lack capacity to choose their own *If both parents are dead, the constructive domicile of the
domicile (infants, married women, idiots, and insane). parent who died later governs.
Legal disabilities prevent their making a choice;
o May change from time to time; 2. Illegitimate – the domicile of choice of the mother
o Fixed by law. 3. Adopted – domicile of the adopter.
4. Ward – domicile of choice of guardian.
3. Domicile of Choice
o Because he has his home there, whenever he is absent, he B. For Married Women:
intends to return. 1. If the marriage is valid – domicile of choice of both husband or
o (not fixed by law) but a result of the voluntary will and wife. *In case of disagreement, the exercise of choice of either
action of the person concerned. spouse will no longer be constructive but a domicile of choice.
RULES FOR THE DOMICILE OF ORIGIN (DOMICILIUM ORIGINS) 2. If the marriage is voidable (valid until annulled) – Should she
continue being domiciled in the same place as her husband, such
1. Legitimate Child – is the domicile of choice of his father at would be a domicile of her choice.
the moment of the birth of the child.
Example: If a Filipino child is born in France at the time 3. If marriage is void – She had no constructive domicile. Same
that his father is domiciled in Japan, the domicile of rule above should she choose the domicile of her husband.
origin of the child is in Japan.
C. Rule for Idiots, Lunatics, and the Insane
If the child is posthumous (one born after the death of
the father), its domicile of origin is the domicile of 1. If below age of majority – rule on infants applies
choice of the mother. 2. If above age of majority:
a. If with guardians – domicile of choice of their
2. Illegitimate Child – is the domicile of choice of the mother guardians
at the time of the birth of the child. b. If without guardians – their domicile of choice
shortly before they became insane or during their
3. Legitimated child (an illegitimate child who subsequently is lucid intervals.
granted the status of a legitimate child by the process called
legitimation) – is the domicile of the father at the time of RULES FOR DOMICILE OF CHOICE (FUNDAMENTAL PRINCIPLES)
birth (not at the time of legitimation) of the child. Because 1. No natural person must ever be without a domicile.
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2. ONLY ONE DOMICILE. No person can have 2 or more d. And a provable intent that it should be one’s fixed
domiciles at the same time, except for certain purposes, and and permanent place of abode (one’s home); that
from different legal viewpoints. there should be “animus manendi” or intent to
o “While a person may have more than one remain or “animus nonrevertendi” or intent NOT
residence, he can only have one domicile or place to return to the original abode.
of habitual residence.”
o Otherwise, the law to follow the person would be o For ‘retention’ of old domicile – there need not be a
indeterminate in certain cases. concurrence of ACTUAL STAY and INTENT for unless a
o But one may have more than one domicile as to new domicile is acquired, the old one is retained.
purposes, i.e one domicile is for purposes of Hence, one may retain his old domicile so long as he
taxation and the other is for the purpose of resides there OR so long as he intends to return.
obtaining a legal separation. o “Intention without residence or residence without
intention will not suffice for the acquisition of a
CASES domicile BUT will be sufficient for the retention of an
1. In Re Dorrance’s Estate (from Penn) existing domicile.”
Facts: Mr. D, a resident of New Jersey, bought an estate in
Pennsylvania, where he began to live with his wife and child. He
CASES:
goes to NJ once in a while and in his will be stated that he was a
resident of NJ (to avoid paying taxes in Penn).
1. VELILLA VS POSADAS
Held: He was domiciled in Penn as shown by his conduct, Mr. M lived and worked in Manila for more than 25 years. He
notwithstanding his expressed desire to have NJ as his domicile wandered around the world until he died in Calcutta.
as such is self-serving and contrary to his actual conduct.
ISSUE: Where was his domicile at the time of his death?
2. In Re Dorrance’s Estate (from NJ)
Issue: WON Penn decision is binding in NJ.
HELD: Philippines. Because he never acquired any domicile in a foreign
Held: No. The domicile of the deceased was in NJ as evidenced country despite wandering abroad. To efect abandonment of one’s
by his intention to return there, notwithstanding actual domicile, there must be a (1) deliberate and provable choice of new
residence in Penn. In view of the animus manendi, he never lost domicile, coupled with (2) actual residence in the place chosen, with a
his NJ domicile. A man may choose his own domicile; the (i) declared and (ii) provable intent that it should be one’s fixed and
motive that may prompt him is immaterial. permanent place of abode, one’s home.
3. CHANGE. Every sui juris may change his domicile. 2. GALLEGO vs VERA
o For a change of domicile intention to reside elsewhere TO ACQUIRE A NEW DOMICILE OF CHOICE, WHAT THINGS MUST
without actual residence in the place chose will not be CONCUR?
sufficient. 1. Residence or bodily presence in the new locality (must be
o On the other hand, actual residence in a new place without actual);
intention to make it the permanent abode will not also be 2. Intention to remain there (must be for an indefinite period);
enough. 3. Intention to abandon the old domicile.
o Thus, to effect ‘change’ in domicile, ACTUAL STAY and
INTENTION must concur. There must be an animus manendi or an animus non
revertendi. The acts of the person must conform with his
4. RETENTION. Once acquired, it remains the domicile unless a purpose. The change of his residence must be voluntary.
new one is obtained:
a. By a capacitated person; 3. TESTATE ESTATE vs BOHANAN
o (not applicable) because of lack of voluntariness: Testator was born in Nebraska;
i. infants, idiots, lunatics, insane, Had properties in California;
ii. convict or a prisoner (his domicile of choice is Had temporary but long residence in the Philippines;
the one previously possessed by him, unless he In his will executed in Manila, he stated that his domicile and
deliberately makes the new locality his permanent residence be in Nevada.
permanent home, after he gets out of prison);
iii. involuntary exiles (compelled by the command HELD: His permanent domicile in the US depended upon his personal
of a superior political power to abandon their intent or desire. Nobody else but the testator can choose his own
country) – domicile of choice is their previously domicile or permanent residence for him, because such choice is his
existing domicile exclusive and permanent right.
iv. soldiers – domicile at the time of their
enlistment 4. IMELDA MARCOS AND BUTZ AQUINO CASES
v. public officials and employees, diplomats, and
consular officers – domicile of choice is their IMELDA MARCOS vs COMELEC
previously existing domicile. Imelda was proclaimed as the duly elected representative of 1st district
b. With freedom of choice; of Leyte. Respondent Montejo asked the Comelec to disqualify Imelda
c. With actual physical presence in the place chosen; for the lack of 1-year residency requirement. Marcos argued however
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that she has been a resident of the area since childhood and has not which is in California. Hence, California law
abandoned her residency. governs the validity of marriage.
SC declared Imelda was qualified to run and be elected therein b. The marital obligations are not fixed by them but
basically on the ground that the challenged Comelec resolution are are imposed by law. Hence, their participation in
null and void for lack of jurisdiction (must be filed in HRET). this matter is passive. The governing law is thus
the legal status, which is the domicile of the
AQUINO vs COMELEC parties. Since they are domiciled in Japan, their
Comelec has barred Butz Aquino from assuming the post of marital rights and obligations are governed by
representative for 2nd district in Makati on the ground of ineligibility Japanese law.
for the post as he fell short of the required residency. SC dismissed
Aquino’s appeal on said decision on the ground of lack of jurisdiction Note, however, that the Philippine law does not
(must be filed in HRET). follow the situs theory. Applying our law, the
answers would be different:
SC did not proclaim Syjuco (respondent), who garnered the 2 nd spot,
on the ground that a candidate who got the 2nd-highest number of a. If the marriage is valid in California, the marriage is also
cotes cannot be proclaimed winner since he is not the choice of the valid in the Philippines (situs theory) except if the
electorate. marriage is bigamous, polygamous, or incestuous.
Residence is not domicile but domicile is a residence, 2. Q: What law governs the capacity of a German to alienate
coupled with intention to remain for an indefinite time. his lands and cars in the Philippines?
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1. REJECTION OF THE RENVOI
Proposed Solutions: 2. ACCEPTANCE OF RENVOI
1. REJECT RENVOI a. In contrast, if all countries accept renvoi, each
2. ACCEPT – We referred the matter (mentally) to the English country will ultimately apply its own internal law. If
Law and the England referred it back to us. all does such, there would be a discord. Harmony
3. Follow the Theory of Desistment / Mutual-Disclaimer of would result only if one state accept renvoi and
Jurisdiction theory – We desist or refrain from applying the other rejects it.
English Law, being inadequate as it is founded on a different 3. DESISTMENT THEORY
basis. 4. FOREIGN COURT THEORY
4. Use Foreign Court Theory – Our Courts will put itself in the
position of the foreign Court. (“follow the leader”) PHILIPPINE LAW ON THE MATTER
DOUBLE REVOI – Occurs when the local court in adopting the Foreign In the case of IN THE MATTER OF TESTATE ESTATE OF THE
Court Theory, discovers that the foreign court accepts the renvoi. DECEASED EDWARD CHRISTENSEN, his acknowledged natural
daughter, Helen, claims that under Art. 16, par. 2 of the Civil Code,
TRANSMISSION – the process of applying the law of a foreign state California law should be applied. But since the matter was referred
through the law of a second foreign state. to the law of domicile (Philippine law), the share of Helen must be
increased in view of successional rights of illegitimate children in the
Example: An Italian domiciled in the Philippines dies in England. Philippines.
If the case is tries in England, then the English Court (follows On the other hand, the respondent contends that the national law
‘domiciliary theory’) refers to the law of the Philippines. But of the deceased must apply (California Law), in which there are no
Philippines refer the matter to Italy (follows ‘nationality theory’). compulsory heirs and consequently a testator could dispose off any
Hence, England now applies Italian law. There was transmission. property possessed by him in absolute dominion and that
illegitimate children not being entitled to anything under the said
Renvoi Transmission law, the will of the deceased giving the bulk of the property to the
Deals with 2 countries Deals with 3 or more countries respondent, must remain undisturbed.
“referring back” “transmitting”
HELD: Court granted more successional rights to Helen in effect that
Implications of Renvoi and Transmission there are 2 rules in California on the matter: (1) internal law – should
1. Both renvoi and transmission may not apply only to apply to Californians domiciled therein, and (2) conflicts rule –
successional rights but also to marriage and other contracts applies to Californians domiciled outside the same.
and agreements.
2. Both problem may occur even if (in renvoi) the two countries California law provides, “If there is no law to the contrary in the
both adhere to, say, nationality theory or to domiciliary place where personal property is situated, it is deemed to follow the
theory. person of its owner and is governed by the law of his domicile.”
EXAMPLES: If a California citizen dies domiciled in the Philippines, our courts are
compelled to apply the National Law of the deceased. But since
1. 2 citizens of State X (Nationality Theory) marries in State Y California law itself refers back the matter to the Philippines (place
(Nationality Theory). of domicile), we may have no alternative but to accept the same.
State Y says: If foreigners marry here, their marriage is valid
provided that it is also valid in the country of which they are Substantially, this is the theory of the single renvoi or the theory of
citizens. acceptance of the renvoi. To do otherwise, ie. To refer back again the
State X: will not be confronted by the problem of renvoi. Is matter to California, with the possibility that the problem will once
the reference in their conflicts rule to the foreign law a again be returned to us, would give rise to ‘international football.’
reference to the foreign INTERNAL law on marriage or a
reference to the WHOLE of the foreign law? TESTATE ESTATE OF AMOS BELLIS vs BELLIS
2. TRANSMISSION IN MARRIAGE: 2 Filipinos domiciled in China
married in England.
Facts:
PH Law: “If marriage is valid where it is celebrated, it will
generally be valid here in the PH.”
Amos Bellis was a citizen and resident of Texas at the time of his
However, if England law says: “Marriages in England
death.
between foreigners shall be considered valid here ONLY if
In his two wills, one disposing his Texas properties, and the other his
they are recognized valid in their law of domicile.
Philippine properties.
He recognized in both wills that his illegitimate children be not given
Now then, PH courts will have to apply the law of China,
anything.
thru the law of another sate, England. This is a case of
Texas Law has no conflicts rule governing successional rights.
transmission.
Texas Law has no compulsory heirs and thus no legitimes.
ARGUMENT IN FAVOR OF EACH PROPOSED SOLUTIONS FOR RENVOI
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Illegitimate children opposed the will on the ground that they have
been deprived of their legitimes to which they are entitled if Notes:
Philippine law were to apply.
1. Presumptive personality – personality does not begin at
ISSUE: Are the illegitimate children entitled to properties of the birth, it begins at conception; provided that the birth should
deceased. occur later; otherwise, fetus is deemed to have never
possessed legal personality. (human form not required)
HELD: NO. Texas Law must be applied because it is the national law of 2. Efects: If Arts. 40 and 41 are not complied with, “birth and
the deceased. death will not be recorded in the Civil Registry.”
Renvoi doctrine in Edward Christensen case cannot be applied. 3. 2 Kinds of Children:
Said doctrine is pertinent where the decedent is a national of one i. Ordinary – with an intra-uterine life of at least 7 months;
country, and a domiciliary of the other. In this case, the decedent was ii. Extraordinary (not premature) – if the intra-uterine life
both a national and domiciliary of Texas at the time of his death. be less than 7 months. (Here, the child must have lived
But if Texas has conflicts rule adopting the situs theory (lex rei for at least 24 hours after its complete delivery from
sitae), calling for the adoption of the law of the place where maternal womb).
properties are situated, renvoi would arise since the properties herein 4. Art. 40 and 41 apply only to Filipino babies. If the child be a
involved are in the Philippines. foreigner, the beginning of its personality depends upon its
national law. (Art. 15)
Oppositors pointed out that the execution of 2 will convey that the Q: An alien mother of State X gave birth to a child in Manila. The
testator intended Philippine law to govern his Philippine estate. child had an intra-uterine existence of only 6 months, and it
Assuming so, it will NOT alter the law that “a provision in a foreigner’s dies 3 hours after complete separation from maternal womb.
will to the effect that his properties shall be distributed in accordance The law of State X vests legal personality upon the child in
with Philippine law and not with his national law, is ILLEGAL AND VOID such case. Does the child acquire personality?
of his national law.”(Miciano vs Brimo) A: Yes. Because this is a matter that depends upon his national
law.
Art. 41. “For civil purposes, the fetus is considered born if it is alive at A: YES. Provided that at the time of hearing of the petition, he
the time it is completely delivered from the mother’s womb. However, is already 21 years old. If he is not yet 21 years of age, the
if the fetus had an intra-uterine life of less than 7 months, it is not hearing of the petition will have to be postponed,
deemed born if it dies within 24 hours after its complete delivery from notwithstanding the act that in his own country, he has
the maternal womb.” already reached the age of majority. Because rules on
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naturalization and nationality are dependent purely on our After absence of 7 years – presumed dead for all purposes,
laws. except for those of succession (after 10 years)
Absence of 5 years – disappeared after the age of 75 years
2. Q: A female from State X marries a Filipino, but because she is (succession to be opened)
a deaf-mute, she does not become a Filipino. The marriage (Art. 391) Qualified or Extraordinary Absence (Death is presumed
however is valid. Now then, assume that she is only 18, but in to have occurred at the beginning of the period):
State X, marriage makes her a person of major age. Is she still a 4 years – on board a vessel lost during a sea voyage; missing
minor? airplane; in the armed forces who has taken part in war; in
danger of death under other circumstances and his
A: NO, in view of the marriage. existence has been unknown.
VII. PRESUMPTION OF DEATH AND SURVIVORSHIP Art. 43 (applies when 2 or more persons are involved ‘who
are called to succeed each other,’ i.e. father and son)
PRESUMPTION OF DEATH (Arts. 390–391) Art. 131 (in all other cases)
Rule on Preponderance of Evidence (when here are acts
Lex Fori (internal law) – governs the rules on presumption of death, from which a contrary conclusion can be inferred)
regardless of the nationality involved. Why? Because in certain cases,
“there may be a burden of proof.” VIII. END OF PERSONALITY
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Incidentally, a judicial decree in a foreign country placing a
person under civil interdiction will not be recognized in our Contract of Marriage Ordinary Contracts
forum: this is because such a judgment is penal in
1. Also an inviolable social Are mere contracts
character.
institution
LEGISLATIVE JURISDICTION vs JUDICIAL JURISDICTION
2. Nature, consequences, and Agreements entered into
Judicial (authority to hear and determine a legal controversy) – incidents are governed by the usually depend on the
the jurisdiction of our courts is governed by our own law on the law. Thus, as a general rule, stipulations agreed upon by the
matter ‘stipulations are of no value.’ contracting parties unless those
Legislative (aside from the authority to enact laws) – is the Except to marriage settlements. stipulations violate the law,
competence of a person’s national law to govern his status. public policy, public order, good
customs, or good morals.
Thus, while a foreigner’s status is governed by his national law
(legislative jurisdiction), our own courts (not the foreign courts) will 3. Age requirements vary Age requirement is the age of
have authority to decide questions concerning said foreigner’s status majority
(judicial jurisdiction) by applying his national law.
4. Dissolved only through death Dissolved by express provision
Ybanes vs Fuster or annulment or legal causes of the law, expiration of the
(or absolute divorce in specified term, fulfillment of the purpose
2 Spaniards (husband and wife) obtained divorce from each other. The instances for foreigners and for which the contract was
validity of the divorce was assailed in a Philippine Court. Considering Muslims) (D D A L) entered into, or through mutual
the this involves 2 aliens domiciled in our country, may our own courts agreement. (E E F M)
take cognizance of the case despite that under the law, questions of
status are resolved by their national law? 5. Validity is verified generally Substantial or intrinsic validity is
by a reference to lex usually resolved by an inquiry
A: YES. Because jurisdiction of courts is generally submitted to the celebrationis. into the law intended by the
territorial principle. Parties should endeavor to have their rights parties (lex loci voluntatis or
established by the tribunals of the State which have coercive means to lex loci intentionem)
enforce their decisions; otherwise, a person runs the risk of incurring
useless expenditures to obtain a judgment that cannot be enforced. SYNOPSIS: Marriage as a Contract
17
5. except (polygamous, bigamous, and incestuous)” ~ caused by
against) nationality theory
*** *** *** *** *** ***
4. Marriage by Proxy Lex loci
celebrationis 1. “Where a marriage between a Filipino citizen and a foreign is
(considered as validly celebrated
celebrated 2. And a divorce is thereafter validly obtained abroad
where the proxy 3. By the client spouse, capacitating him or her to remarry,
appears) 4. The Filipino spouse shall likewise have capacity to remarry
under Philippine law.”
“If by one law the marriage is valid, and by another law the marriage is
void, that which will uphold the validity of the marriage should be
followed.”
Hence, Chinese first cousins may validly marry here provided that
such marriage is recognized by Chinese law.
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