RULES ON STATUS IN GENERAL

FACTUAL SITUATION
Beginning of personality of natural person
Ways & effects of emancipation
Age of majority
Use of names and surnames
Use of titles of nobility
Absence
Presumptive death & survivorship

Celebrated Abroad

RULES ON MARRIAGE AS A CONTRACT

FACTUAL SITUATION
Between Filipinos

Between Foreigners

Celebrated in RP

Mixed
Between Foreigners

Mixed

POINT OF CONTACT
National law of the child (Article 15, CC)
Same
Same
Same
Same
Same
Lex fori (Article 43, 390, 391, CC; Rule 131 5
[jj], Rules of Court)
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) & consular marriages
Lex loci celebrationis EXCEPT if the marriage is:
a. Highly immoral (like bigamous/ polygamous
marriages)
b. Universally considered incestuous (between
c. brother-sister, and ascendants-descendants)
Apply 1 (b) to uphold validity of marriage
National law (Article 21, FC) PROVIDED the
marriage is not highly immoral or universally
considered incestuous)

National law of Filipino (otherwise public policy

may be militated against)

Marriage by proxy (NOTE:a marriage by

Lex loci celebrationis (with prejudice to the
proxy is considered celebrated where foregoing rules)
the proxy appears
RULES ON MARRIAGE AS A STATUS
FACTUAL SITUATION
Personal rights & obligations
between husband & wife

Property relations bet husband & wife

POINT OF CONTACT
National of husband
(Note: Effect of subsequent change of nationality:
a. If both will have a new nationality the new
one
b. If only one will change the last common
nationality
c. If no common nationality nationality of
husband at the time of wedding)
National law of husband without prejudice to what
the CC provides concerning REAL property located in
the RP (Article 80) (NOTE: Change of nationality
has NO EFFECT. This is the DOCTRINE OF
IMMUTABILITY IN THE MATRIMONIAL PROPERTY
REGIME)

RULES ON PROPERTY
FACTUAL SITUATION
REAL PROPERTY

POINT OF CONTACT
Lex rei sitae (Article 16, CC)

National law of decedent (Article 16 par. 2, CC)

Capacity to succeed

National law of decedent (Article. 1039)

Contracts involving real property which

do not deal with the title thereto

The law intended will be the proper law of the

contract (lex loci voluntantis or lex loci intentionis)

Exceptions

Successional rights

Contracts where the real property is

given as security

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 consideration), although by itself,
the mortgage could have been valid.
TANGIBLE PERSONAL PROPERTY (CHOSES IN POSSESSION)
IN GENERAL
Lex rei sitae (Article. 16, CC)
Exceptions: same as those for real propertyEXCEPTION: same as those for real property
EXCEPT that in the example concerning mortgage,
the same must be changed to pledge of personal
property)
MEANS OF TRANSPORTATION
Vessels

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

Other means

Law of the depot (storage place for 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 goods Locus regit actum (where seized) because said
place is their temporary situs
Disposition or alienage of the goods

Lex loci volutantis or lex loci intentionis because

here there is a contract

FACTUAL SITUATION
POINT OF CONTACT
INTANGIBLE PERSONAL PROPERTY
(CHOSES IN ACTION)
Recovery of debts or involuntary assignmentWhere debtor may be effectively served with
of debts (garnishment)
summons (usually the domicile)
Voluntary assignment of debts
Lex loci voluntatis or lex loci intentionis (proper
law of the contract)
OTHER THEORIES:
a. National law of the debtor or creditor
b. Domicile of the debtor or creditor
c. Lex loci celebrationis
d. Lex loci solutionis
Taxation of debts
Domicile of creditor
Administration of debts
Lex situs of assets of the debtor (for these assets
can be held liable for the debts)
Negotiability or non-negotiability of an
The right embodied in the instrument (for example,
instrument
in the case of a Swedish bill of exchange, Swedish
law determines its negotiability)
Validity of transfer, delivery or negotiation of In general, situs of the instrument at the time of
the instrument
transfer, delivery or negotiation

Effect on a corporation of the sale of

corporate shares
Effect between the parties of the sale of
corporate shares
Taxation on the dividends of corporate
shares
Taxation on the income from the sale of
corporate shares
Franchises
Goodwill of the business & taxation thereto
Patents, copyrights, trademarks, trade
names

Law of the place incorporation

Lex loci voluntatis or lex loci intentionis (proper
Law of the contract) for this is really a contract;
usually this is the place where the certificate is
delivered)
Law of the place of incorporation
Law of the place where the sale was consummated
Law of the place that granted them
Law of the place where the business is carried on
In the absence of a treaty, they are protected only by
the state that granted them
NOTE: foreigners may sue for infringement of
trademarks and trade names in the RP ONLY IF
Filipinos are granted reciprocal concessions in the
state of the foreigners

Wills, Succession & Administration of Conflict Rules

FACTUAL SITUATION
EXTRINSIC VALIDITY OF WILLS
Made by an alien abroad
Made by a Filipino abroad
Made by an alien in the RP

POINT OF CONTACT
Lex nationalii OR lex domicilii OR RP law (Article
816, CC), OR lex loci celebrationis (Article 17(1))
Lex nationalii OR lex loci celebrationis (Article 815)
Lex nationalii OR lex loci celebrationis (Article 817)

FACTUAL SITUATION
POINT OF CONTACT
EXTRINSIC VALIDITY OF JOINT WILLS (MADE IN THE
SAME INSTRUMENT)
Made by Filipinos abroad
Lex nationalii (void, even if valid where made)
(Article 819)
Made by aliens abroad
Valid if valid according to lex domicilii or lex loci
celebrationis (Article 819)
Made by aliens in the RP
Lex loci celebrationis therefore void even if
apparently allowed by Article 817 because the
prohibition on joint wills is a clear expression of
public policy
INTRINSIC VALIDITY OF WILLS
Lex nationalii of the deceased regardless of the
LOCATION & NATURE of the property (Article 16 (2))
CAPACITY TO SUCCEED
Lex nationalii of the deceased not of the heir
(Article 1039)
REVOCATION OF WILLS
If done in the RP
Lex loci actus (of the revocation) (Article. 829)
If done OUTSIDE the RP
a. By a NON-DOMICILIARY

Lex loci celebrationis (of the making of the will, NOT

revocation), OR lex domicilii (Article 829)

b. By a DOMICILIARY of the RP

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

revocation) (Article 17)

PROBATE OF WILLS MADE ABROAD

If not yet probated abroad
If already probated abroad

Lex fori of the RP applies as to the procedural

aspects, i.e., the will must be fully probated here &
due execution must be shown
Lex fori of the RP again applies as to the procedural
aspects; must also be probated here, but instead of
proving due execution, generally it is enough to ask
for the enforcement here of the foreign judgment on

the probate abroad

EXECUTORS AND ADMINISTRATORS
Where appointed
Powers

Place where domiciled at death or incase of nondomiciliary, where assets are found
Co-extensive with the qualifying of the appointing
court powers may only be exercised within the
territorial jurisdiction of the court concerned
NOTE: these rules also apply to principal, domiciliary, or
ancillary administrators & receivers even in nonsuccessive cases

RULES ON OBLIGATION AND CONTRACTS

FACTUAL SITUATION
FORMAL OR EXTRINSIC VALIDITY
Exceptions
a. Alienation & encumbrance of
property
b. Consular contracts
CAPACITY OF CONTRACTING PARTIES

POINT OF CONTACT
Lex loci celebrationis (Article 17 {1})
Lex situs (Article 16 [1])
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 theory of lex
loci celebrationis

Exception
Alienation & encumbrance of property
Lex situs (Article 16 {1})
INTRINSIC VALIDITY (INCLUDING INTERPRETATION OFProper law of the contract lex contractus (in the
THE INSTRUMENTS, AND AMT. OF DAMAGES FOR
broad sense), meaning the lex voluntatis or lex
BREACH)
loci intentionis
OTHER THEORIES ARE:
a. Lex loci celebrationis (defect: this makes possible the evasion of the national law)
b. Lex nationalii (defect: this may impede commercial transactions)
c. Lex loci solutionis (law of the place of performance) (defect: there may be several places of
performance
d. Prof Minors solution:
i.
Perfection lex loci celebrationis
ii.
Cause or consideration lex loci considerations
iii.
Performance lex loci solutionis (defect: this theory combines the defect
of the others)
RULES ON TORTS
FACTUAL SITUATION
Liability & damages for torts in general

POINT OF CONTACT
Lex loci delicti (law of the place where the delict
was committed)

NOTE: The locus delicti (place of commission

of torts) is faced by the problem of
NOTE: liability for foreign torts may be enforced in
characterization. In civil law countries, the
the RP if:
locus delicti is generally where the act began;
a. The tort is not penal in character
in common law countries, it is where the act
b. If the enforcement of the tortious liability wont
first became effective
contravene our public policy
c. If our judicial machinery is adequate for such
enforcement
RULES ON CRIMES
FACTUAL SITUATION
ESSENTIAL ELEMENTS OF A CRIME AND PENALTIES

POINT OF CONTACT
Generally where committed (locus regit actum)

THEORIES AS TO WHAT COURT HAS JURISDICTION:

a. Territoriality theory where the crime was committed
b. Nationality theory country which the criminal is citizen or a subject
c. Real theory any state whose penal code has been violated has jurisdiction, where the crime
d. was committed inside or outside its territory
e. Protective theory any state whose national interests may be jeopardized has jurisdiction so
f. that it may protect itself
g. Cosmopolitan or universality theory state where the criminal is found or which has his
custody has jurisdiction
h. 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,
Where the victim was injured (not where
homicide, murder, infanticide & parricide
the aggressor wielded his weapon)
Attempted homicide, etc.
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 was
Bigamy
Where the illegal marriage was performed
Theft & robbery
Where the property was unlawfully taken from
the victim (not the place to which the criminal
went after the commission of the crime)
Estafa or swindling thru false representation Where the object of the crime was received
(not where the false representations were made)
Conspiracy to commit treason, rebellion, or
Where the conspiracy was formed (not where
sedition
the overt act of treason, rebellion or sedition
NOTE: Other conspiracies are NOT
was committed)
penalized by our laws
Libel
Where published or circulated
Continuing crime
Any place where the offense begins, exists or continues
Complex crime
Any place where any of the essential elements of
the crime took place
Rules on Juridical Persons
FACTUAL SITUATION
POINT OF CONTACT
CORPORATIONS
Powers and liabilities
General rule: the law of the place of incorporation
EXCEPTIONS:
a. For constitutional purposes even of
the corporation was incorporated in the RP,
it is nor deemed a Filipino corporation &
therefore cant acquire land, exploit our
natural resources, 7 operate public utilities
unless 60% of capital if Filipino owned
b. For wartime purposes we pierce the
corporation veil & go to the nationality of the
controlling stockholders to determine if the
corporation is an enemy (CONTROL TEST)
Formation of the corporation (requisites); Law of the place of incorporation
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
Law of the place of incorporation & law of the place
(including ultra vires acts)
of performance (the act or contract must be
authorized by BOTH laws)
Right to sue & amenability to court
Lex fori
processes & suits against it
Manner & effect of dissolution
Law of the place of incorporation provided that the
public policy of the forum is not militated against

Domicile

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)
Receivers (appointment & powers)
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
NOTE: Theories on the personal and/or governing law of corporations:
a. Law of the place of incorporation (this is generally the RP rule)
b. Law of the place or center of management (center for administration or siege social)
(center office principle)
c. Law of the place of exploitation (exploitation centre or siege d exploitation)
PARTNERSHIPS
The existence or non-existence of legal The personal law of the partnership, i.e., the law of
personality of the firm; the capacity to
the place where it was created (Article 15 of the
contract; liability of the firm & the partners Code of Commerce) (Subject to the exceptions
to 3rd persons
given above as in the case of corps.)
Creation of branches in the RP; validity & RP law (law of the place where branches were
effect of the branches commercial
created) (Article 15, Code of Commerce)
transaction; & the jurisdiction of the court
Dissolution, winding up, & termination of RP law (Article 15, Code of Commerce)
branches in the RP
Domicile
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 (Article. 15)
Receivers
RP law insofar as the assets in the RP are
concerned can be exercised as such only in the RP
FOUNDATIONS (COMBINATION OF CAPITAL
Personal law of the foundation (place of principal
INDEPENDENT OF INDIVIDUALS, USUALLY NOT FOR center of administration)
PROFIT)