GROUP I Members:

Cabadonga, Blessie Grace

Quia-ot, Gefferd
Visitacion, Francis Jovilou
Tan, Virgil
Dagatan, Jenelyn
Paderanga, Ken Renner

3. With actual physical presence

4. Provable intent that it should
be ones fixed and permanent
place of abode, there should
be animus manendi (intent to
remain)
or
animus
nonrevertendi (intent not to
return)
e. The presumption is in favor of
the continuance of domicile. The
burden of proof is on the one
who lleges that a change of
domicile has taken place.
3. Situs or Eclectic Theory
- Views the law of particular place
or situs of an event or
transaction as generally the
controlling view.

Personal law
- It is the law that attaches to an
individual wherever he may go.
It is the law that generally
governs his status, capacity,
condition, family relations, and
the
consequences
of
his
actuations.
- It may be:
1. National law
2. Law of his domicile
3. Law of the situs

Family Relations

Theories on Personal Law

Marriage

1. Nationality
Theory
or
Personal Theory
- The status and capacity of a
person are determined by the
law of his nationality or his
national law
- The Philippines adheres to the
nationality law theory.
- Art. 15 New Civil Code Laws
relating to family rights and
duties, or to the status, condition
and legal capacity of persons are
binding upon citizens of the
Philippines, even though living
abroad.
2. Domiciliary
Theory
or
Territorial Theory
- By virtue of which the status and
capacity
of
a
person
is
determined by the law of his
domicile.
General Rules on Domicile:
a. No natural person must ever be
without a domicile.
b. No person can have two or more
domiciles at the same time,
except for certain purposes, and
from different legal viewpoints
c. Every sui juris may change his
domicile
d. Once required, it remains the
domicile unless a new one is
obtained:
1. By capacitated persons
2. With freedom of choice

Is a special contract of permanent

union between a man and a woman
entered into in accordance with law for
the establishment of conjugal and
family life. It is the foundation of the
family and inviolable social institution
whose nature, consequences, and
incidents are governed by law and not
subject to stipulations, except that
marriage settlement may fix the
property relations during the marriage
within the limits provided by this code.

Aspects of Marriage:
1. As a contract
2. As a status
3. As a Legal Relation intimately
related to the public policy of the
state.
Philippine internal law on the formal
validity of marriages or the validity of
marriage as a contract
1. Essential
requisites
(intrinsic/substantive validity)
a. Legal capacity of the contracting
parties who must be male and
female
b. Consent freely given in the
presence
of
a
solemnizing
officer.
2. Formal
requisites
(extrinsic/procedural validity)
a. Authority of the solemnizing
officer

b. A valid marriage license

c. A marriage ceremony takes
place with the appearance of the
contracting parties before the
solemnizing officer and their
personal declaration that they
take each other as husband and
wife in the presence of not less
than two witnesses of legal age.
NOTE: The formal requisites apply to
foreigners who get married in the
Philippines.
Proof of Validity of Foreign Marriage:
1. Proof
of
the
celebration
or
performance of the marriage in
accordance with said law.
2. Proof of the existence of the
pertinent provision of the foreign
law on marriage.
PHILIPPINE
INTERNAL
VALIDITY OF MARRIAGES

LAW

ON

Art. 2. No marriage shall be valid,

unless these essential requisites are
present:
(1) Legal capacity of the contracting
parties who must be a male and a
female; and
(2) Consent freely given in the
presence of the solemnizing officer.
(53a)
Art. 3. The formal requisites of
marriage are:
(1)Authority of the solemnizing
officer;
(2)A valid marriage license except
in the cases provided for in
Chapter 2 of this Title; and
(3)A marriage ceremony which
takes
place
with
the
appearance of the contracting
parties before the solemnizing
officer
and
their
personal
declaration that they take each
other as husband and wife in
the presence of not less than
two witnesses of legal age.
(53a, 55a)
Absence of any formal or essential
requisite will render the marriage
VOID AB INITIO.
EXC: Art. 35 (2) Those solemnized by any
person not legally authorized to perform
marriages unless such marriages were
contracted with either or both parties

believing
in
good
faith
that
the
solemnizing officer had the legal authority
to do so.
BUT an irregularity in the formal requisite
shall not affect the validity of the marriage
(only party liable for irregularity will be
liable).
Art. 2 and 3 also applies to FOREIGNERS
who get married in the Phils.
*if one or both of the parties are
FOREIGNERS Certificate of Legal
Capacity to Contract Marriage must be
issued by the diplomatic or consular
officials of her country in the Phils.
**if STATELESS person only an Affidavit
stating capacity to marry (capacity is
based on law of domicile).
COMMON LAW MARRIAGES IN THE
PHILS.
Between Filipinos VOID
Between Foreigners who came to the
country as husband and wife as a result of
such a union VALID.
*but must not be contra bonus mores or
universally considered incestuous.
WHEN 2 FILIPINOS MARRY EACH
OTHER ABROAD
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. (17a)
We follow LEX LOCI CELEBRATIONIS valid
there, valid here!
EXC:
(1) 1 or both did not have CAPACITY
(2) BIGAMOUS or POLYGAMOUS
(3) No CONSENT (Mistaken Identity)
(4) PSYCHOLOGICAL INCAPACITY
(5) INCESTUOUS Void by reason
PUBLIC POLICY

of

Marriage by 2 Filipinos abroad may be

conducted by a COUNSUL-GENERAL,
CONSUL or VICE-CONSUL (Consular official
performs the duties of the civil registrar
and the solemnizing officer).
WHEN 2 FOREIGNERS MARRY EACH
OTHER ABROAD
We still apply LEX LOCI CELEBRATIONIS
BUT, we do not apply ALL the exceptions
in
Art. 26 INCESTUOS marriages are
the only

Adoption
EXCEPTION.
*or those marriages highly immoral i.e.
bigamous or
polygamous in Christian countries.
WHEN FILIPINO & FOREIGNER MARRY
EACH
OTHER
ABROAD
(Mixed
Marriage Abroad)
If the marriage is VOID AS TO ONE AND
VALID AS TO THE
OTHER - VALID!

1.

2.

EXCEPT: universally incestuous or highly

immoral.
WHEN FILIPINO & FOREIGNER MARRY
EACH OTHER IN THE PHILS. (Mixed
Marriage Here)
Our LAW should be followed otherwise,
our public policy would be violated (both
as to the intrinsic and extrinsic).

3.

Divorce
-

The
legal
termination
of
marriage. All states require
spouse to identify a legal reason
for requesting a divorce when
that spouse files the divorce
papers with the court. These
reasons are referred to as
grounds for a divorce.

Absolute Divorce
General Rule: Our courts only observe
relative divorce (legal separation). Any
divorce sought in Philippine courts will not
be granted. Filipino couples cannot obtain
absolute divorces abroad and neither shall
a valid divorce obtained abroad by Filipino
couples be recognized here.

4.

An act which renders a child

legitimate in relation to the
adopting parents, to whom the
child may or may not be related.
Jurisdiction to Grant Adoption
- The Philippine Courts shall have
jurisdiction to grant petition for
adoption but must apply the lex
fori with respect to procedural
matters.
Capacity of Aliens to Adopt
- The
cumulative
substantive
requirements of the forum and
of the national law of the
adopter must be complied with.
Effects or Consequences of
Adoption
a. Successional
rights

governed by the Conflict Rules

on Succession.
b. Parental Authority governed
by the national law of the
adopter.
Recognition of a Decree on
Adoption
- The Philippines recognizes the
principle of foreign adoptions
validly rendered and recognized
where effected. However, such
adoption is still subject to
municipal law i.e. the obligation
to register said adoption in the
civil registry.
- Exception: such adoption shall
not be recognized if it is contrary
to public policy or residents
interest forbids its enforcement.

Paternity (Maternity)
-

Exceptions:
1. Valid divorce obtained abroad
between foreigners whose national
laws allow divorce.
2. 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 have capacity to
remarry under Philippine law.

This is the civil status of the

father (or mother) with respect
to the child regarded by him.

Filiation
-

Status of the child in relation to

the parent.

Legitimation
-

Is a remedy by means of which

those who in fact were not born
in
wedlock
and
should,
therefore,
be
considered
illegitimate, are, by fiction,

considered legitimate, it being

supposed that they were born
when their parents were already
validly married.
NOTE: the requisites for legitimation are
those prescribed by the national law of the
father.
Requisites under the Family Code for
Legitimation:
1. The child must be conceived and
born outside of wedlock of parents
who at the time of the conception of
the child were not disqualified by

any impediment to marry each

other.
2. There must be a subsequent valid
marriage.
Doctrine of Immutability of Status
-

The status of a child (whether

legitimate or illegitimate) is not
affected
by
a
subsequent
change of nationality of the
parents. But the rights and
duties of parent and child would
after the parents change of
nationality, be governed by the
new national law of the parents.