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DINGLASAN, LIZZETTE DP

CONFLICT OF LAWS

FACTUAL SITUATION POINT OF CONTACT

1. STATUS (beginning of Personality, ways and effects of 1. National law of the child (Article 15, CC)
emancipation, age of majority, use of names, surnames, titles of
nobility, absence)

2. Presumption of death and survivorship. 2. Lex fori (Article 43, 390, 391, CC; Rule 131 §5 [jj], Rules of Court)

3. Validity of marriage, celebrated abroad. Validity of marriage, celebrated abroad.

A. Between Filipinos G.R. Lex loci celebrationis


Exceptions:
1. Art. 26; solemnized outside the Phils
Art. 35, par.1,4,5 & 6 ; void ab initio
Art. 36 ; incapacity
Art. 37 ; incestuous
Art. 38 ; public policy
2. Consular Marriages

G.R. Lex loci celebrationis


B. Between Foreigners Exceptions:
1. Highly immoral (bigamous, polygamous & incestuous marriages)
2. Universally considered incestuous ie between bortehrs-sisters & between
ascendants & descendants

C. Mixed Apply rule on marriages between foreigners to uphold the validity of the marriage

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4. Validity of a marriage celebrated in the Philippines between foreigners. 4. Whenever foreigners are to be married in the Philippines, their capacity to marry shall
be governed by their national law, as can be gleaned from Article 21 of the family Code
which states that:

“When either or both of the contracting parties are citizens of a foreign


country, it shall be necessary for them before a marriage license can be obtained, to
submit a certificate of legal capacity to contract marriage, issued by their respective
diplomatic or consular officials.”
National law (Article 21, FC) PROVIDED the marriage is not highly immoral
or universally considered incestuous)

5. Personal rights and obligations of husband and wife. 5. Personal rights and obligations of the spouses – personal affair between husband and
wife and will not ordinarily be interfered with the courts of justice. Includes mutual
fidelity, cohabitation, respect, assistance and support; right of wife to use husband’s
surname; duty to follow husband’s residence;

GOVERNING LAW: National law of the husband.(given preference- Point of


contact) Subsequent change of nationality of the spouses are proposed to have the
following effects: (Effect of Change)
a. if both will have a common nationality – the new one
b. if only one will change – the last common nationality
c. if there never was any common nationality – the national law of the husband at
the time of the wedding (Hague Convention) (Paras)
• it is governed by the NATIONAL

LAW OF THE PARTIES.


• if the spouses are of different nationalities, generally the national law of the
husband may prevail as long as said law is not contrary to laws, customs and good
morals of the forum.
• this includes mutual fidelity, respect, cohabitation, support, and the right of the
wife to use the husband’s family name.
• Art 69. of the Family Code reads: “The husband and the wife shall fix the
family domicile. In case of disagreement, the court shall decide. The court may exempt
one spouse from living with the other if the latter should lived abroad or there are other

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valid and compelling reasons for the exemption. However, such exemption shall not
apply if the same is not compatible with the solidarity of the family.”
6. Property relations between husband and wife. 6. 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)

7. Grounds for annulment and declaration of nullity of marriage. 7. Lex Patriae national law

8. Absolute divorce abroad between Filipinos. 8. G.R. Our courts only observe relative divorce (legal separation). Any divorce sougt in
the 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,
Exceptions:
1. Valid divorce abroad between foreigners whose national law 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 the capacity remarry under Philippine
Law.

9. Absolute divorce abroad between foreigners. 9. National Law


10. Grounds for legal separation are the cumulative grounds provided by the national
law of the parties (lex nationalii)

10. Grounds for legal separation. Grounds for legal separation are the cumulative grounds provided by the national law of
the parties (lex nationalii)

11. Paternity and filiation, parental authority, support. 1. If legitimate – national law of the father (Art. 15, Civil Code)
2. If illegitimate – national law of the mother unless recognized by the father; in
which case , national law of the father ( Art.15 , Civil Code)

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3. Determination of wheter legitimate or illegitimate (national law of the father, as
a rule) Art. 15, Civil Code )
Doctrine of Immutability of Status – change of parnet’s nationality does not
affect the status of the child

12. Adoption. 12. A. Domestic Adoption - Lex Patriae national law


B. Intra corporate Adoption - Lex Patriae national law
C. Foreign Adoption Lex Loci – law of the place

13. Guardianship over the person. - A. appointing Court


Court of the domicile of the ward
B. powers of the guardian
co extensive with those of the appointing court (law of the appointing state)

14. Guardianship over the property. 14. Lex rei sitae (Article 16, CC)

15. Funerals. 15. Where the body is burieds

16. Formalities, capacity, validity of contracts involving properties. 16. 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})

17. Vessels. 17. Law of the flag (or in some cases, place of registry)

18. Loss, destruction, deterioration of goods in transit. 18. Law of Destination , Art. 1753 CC

19. Garnishment (involuntary assignment). 19. Where debtor may be effectively served with summons (usually the domicile)

20. Voluntary assignment of debts. 20. Lex loci voluntatis or lex loci intentionis (proper law of the contract)

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Other theories:
1) national law of the debtor or creditor
2) domicile of the debtor or the creditor
3) lex loci celebrationis
4) lex loci solutionis

21. Taxation of debts. 21. Domicile of creditor

22. Administration of debts. 22. Lex situs of assets of the debtor (for these assets can be held liable for the debts)

23. Negotiability of an instrument. 23. The right embodied in the instrument


(Ex. In the case of Swedish Bill of Exchange, Swedish Law determines its negotiability)

24. Negotiation of an instrument.


24. The right embodied in the instrument (for example, in the case of a Swedish bill of
exchange, Swedish law determines its negotiability)

25. Effect on a corporation of the sale of the corporate shares 25. Law of the place of incorporation

26. Taxation of the dividends. 26. Law of the place of incorporation

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