ry by virtue of which

jurisdiction over
theparticular subject
matter affecting a
person is
determined by the
latter’s nationality.
[
Ellis vs.Republic
(1963)
]
RULE ON PROPERTY

Controlling Law
—
Lex Situs/Lex Rei
Sitae
General Rule:
Real and Personal
Property is subjectto
the law of the
country where it is
situated (Art. 16)
Application of the
Doctrine of Lex
Situs/Lex Rei Sitae
(1)

The capacity to
transfer or acquire
property isgoverned
by
Lex Situs.

Note:

Transfer of property
to a foreigner
whosubsequently
became a Filipino
citizen shall
berecognized [
Llantino v Co Liong
Chong
](2)

The formalities of a
contract to convey
propertyare
governed by
Lex Situs

Exceptions to Lex
Situs
(1)

Transactions Not
Affecting Transfer
of Title
orOwnership of
Land:

Lex Intentionis
or
LexVoluntatis

(2)
Contracts where
Real Property
Offered as Security:
The principal
contract is the loan
while themortgage of
the land is only an
accessory(a)
Mortgage - Lex
Situs(b)

Loan Contract -
Rules on ordinary
contracts(3)

Intestate and
Testamentary
Succession:
Intestate and
testamentary
successions shall
beregulated by the
national law of the
decedent,with
respect to the
following [
Art. 16(2); Art.
1039
](a)

O
rder of
succession(b)

A
mount of succession
rights(c)
I
ntrinsic validity of the
testamentary
provisions(d)

C
apacity to
succeed(4)
Under a Policy-
centered
Approach:Forum
court is not bound to
look to the law of
thesitus when the
situs of the movable
property
isinsignificant or
accidental(a)
Questions relating to
the validity and
effect ofthe transfer
of the movable
property
aregoverned by the
law of the place of
principaluse
(b)
Where the issue
involves
considerations
otherthan the validity
and effect of the
transferitself,
governing law is the
law of the statewhich
has real interest
RULE ON SUCCESSION

Extrinsic Validity [
Arts. 17, 815-817, CC
]

Place
ofexecution Applica
ble law
FpnTao
Philippines Philippin
e LawForeignCountr
y(1)

Law of the place

where hemay be (
lex locicelebrationis
)

[
 Art 815
](2)

Philippine law [
see IIITolentino 117
]
enTao
Philippines (1)
Philippine Law (Art.
17)(2)

Law of the country

inwhich he is a
citizen orsubject (
lex nationali
)[
Art.817
]ForeignCountry(Art
s. 816,17)(1)

Law of the place in

whichhe resides (
lex domicilii
)(2)

Law of his country (

lexnationali
)(3)

Philippine law(4)

Law of the place

wherethey were
executed (
lexloci celebrationis
)
Note
:
Rule re: Joint Wills

(1)

Joint wills prohibited

under Art. 818
executed byFilipinos
in a foreign country
shall not be valid
inthe Philippines
even though
authorized by
thelaws of the
country where they
were executed.(Art.
819)(2)

Civil Code is silent

as to the validity of a
joint willexecuted by
an alien in the
Philippines. It
issuggested that it
should not be
probated if itwould
affect the heirs in the
Philippines.
Intrinsic Validity
 Intestate and
testamentary
successions shall
beregulated by the
national law of the
decedent
, withrespect to the
following (Art. 16(2);
Art. 1039)(1)
O
rder of
succession(2)

A
mount of
successional
rights(3)

I
ntrinsic validity of the
testamentary
provisions(4)

C
apacity to succeed
Interpretation
of Wills
Governed by the
National Law
of the decedent.