COL Notes
Conflict Rules on Marriage
Essential requisites for the validity of marriage
Legal capacity of the contracting parties
The parties should be male and female
Consent freely given in the presence of the solemnizing officer
Formal requirements
Authority of the solemnizing officer
Valid marriage license
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.
Exception of valid marriage license
In case either or both of the contracting parties are at the point of death
If the residence of either party is so located that there is no means of
transportation to enable such party to appear personally before the local civil
registrar
Marriages among Muslims or among members of the ethnic cultural
communities
Marriage of a man and a woman who have lived together as husband and
wife for at least five years and without any legal impediment to marry each
other
Rules in foreign marriage
Article 26 of FC
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), 3637 and 38. (17a)
Prohibited marriage
Those contracted by any party below eighteen years of age even with the
consent of parents or guardians;
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;
Those solemnized without license, except those covered the preceding
Chapter;
Those bigamous or polygamous marriages not failing under Article 41;
Those contracted through mistake of one contracting party as to the identity
of the other; and
Those subsequent marriages that are void under Article 53.
A marriage contracted by any party who, at the time of the celebration, was
psychologically incapacitated to comply with the essential marital obligations
of marriage
Incestuous marriage
Conflict rules on marriage between foreigners solemnized abroad
Follow lex loci celebrationis rule
In case of one of the parties is a Filipino, the prohibited marriage shall apply
Universally considered incestuous and highly immoral marriage shall apply to
both alien and Filipinos
Proxy marriage is not allowed in PH laws
Marriage on board of a vessel in high seas, follow the law of the flag of the
ship regarding marriage
Conflict rules on marriage between Filipinos and foreigners solemnized abroad
If the marriage is valid under the law of one of the spouses while void under
the law of the other, PH courts should uphold the validity of marriage
XPN: when the marriage is universally considered incestuous and highly
immoral
Conflict rules on marriage between Filipinos and foreigners solemnized in PH
Follow the PH laws in both essential and formal requisites of a valid marriage
Rules on Personal Relations
In countries following the nationality theory like PH, the personal relations of
the spouses is governed by their national law
o In case the nationalities of the spouses are different, their personal
relations should be governed by the national law of the husband
o In Moya Lim v CI, the SC held that when an alien woman marries a
Filipino citizen, the woman becomes ipso facto a Filipino citizen
o In case of a Filipino woman marries an alien, the law states that the
woman shall retain her Filipino citizenship, unless by her own act or
omission, she is deemed under the law, to have renounced her
citizenship
Rules on Property Relations
In case the spouses have different nationalities, the property relation of the
spouses should be governed by the husband’s national law
In PH, in case there is marriage settlement between, it shall be governing law.
In the absence of such, the property relations of the spouses should be
governed by PH law
Rules on Divorce and Annulment
If the marriage is void ab initio, the spouses cannot immediately remarry.
They should seek a final judgment declaring the marriage as void
In case of annulment of marriage or the declaration of nullity of marriage, the
grounds for such shall be governed by the law of the place where the
marriage was contracted
Rules on Absolute Divorce
PH does not allow Filipinos to undergo absolute divorce, whether within or
without PH
o XPN: 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
o In Corpuz v Sto. Tomas, the SC held that alien spouse can claim no
right under the second paragraph of Article 26 of the Family Code as
the substantive right it establishes is in favor of the Filipino spouse.
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 likewise have capacity to remarry under Philippine law.
Conflict Rules on Wills and Succession
Extrinsic Validity of Wills
Deals with the forms and solemnities of the will
Age, testamentary capacity of the testator, and the form
If a Filipino makes a will abroad, he may comply with the formalities of the PH
law or the law of the place where he was at the execution of the will
If an alien makes a will abroad, he may comply with the formalities of his lex
nationali (law of the state where he is a citizen) or lex domicile (the law of his
domicile) or lex loci celebrationis (the law of the country where he was at the
time of execution of the will)
When the will is executed before the diplomatic or consular officials of the
Republic of the Philippines in a foreign country, the solemnities established
by PH laws shall be observed in their execution.
As to holographic will, it must be entirely written, dated, and signed by the
hand of the testator himself. It is subject to no other forms even if executed
outside PH
Intrinsic validity of wills
Conflict rules on the intrinsic validity of wills are determined by the lex
nationali of the deceased in countries that follow the nationality theory
Lex domicile at the time of death, in countries that follow the domiciliary
theory
In case of conflict between the theories, treat it as renvoi
Conflict rules on joint wills
PH law prohibits joint wills
The NCC states that two or more persons cannot make a will jointly, or in the
same instrument, either for their reciprocal benefit or for the benefit of a third
person
Filipinos cannot make a joint will whether in PH or abroad
Joint wills made by foreigners in abroad is considered valid in PH. Provided
that it is valid in their national law, law of domicile, or the law of the place
where the joint wills were created
Joint wills made by foreigners in PH are void even if they are valid in their
national law or the law of their domicile in order that our public policy on joint
wills will not be militated against
Joint wills executed by a foreigner and a Filipino abroad will be valid as to the
foreigner but void as to the Filipino
Conflict rules if a person dies intestate
In civil law countries, the national law of the deceased applies
In common law countries like US and Great Britain, the lex domicile of the
deceased at the time of the death applies with respect to personal property.
Lex Situs with respect to the real property
Conflict rules in revocation of wills
The NCC states that a revocation done outside PH by a person who does not
have his domicile here, is valid if done according to:
o The law of the place where the will was made
o The law of his domicile at the time of the revocation
If the former law of the testator’s domicile is different at the time of his
death,
If the revocation is made in PH, it should comply with the rules provided by
the NCC
If the revocation is made outside PH by someone who has domicile here, it is
valid if made in accordance with PH law, or the law of the place where
revocation was made
Conflict rules on probate
Wills proved and allowed in a foreign country, in compliance with the said
country’s national law, may be allowed, filed and recorded by the proper
court in PH
Although probated in a foreign country, the will shall be reprobated in PH
courts
In Vda. De Perez v. Tolete, the SC ruled that the probate of foreign wills in the
Philippines requires strict adherence to procedural requirements, including
the presentation of foreign law as evidence. Courts are urged to exercise
flexibility and seek to settle related probate matters in a single proceeding
when practical, aligning with the objective of procedural rules to facilitate
“just, speedy, and inexpensive” resolution of cases
Conflict rules on administration of estate
Administration is procedural in nature. Thus, it is the law of the forum or lex
fori that governs the law and not the law that determines how the estate of
the deceased is to be distributed
The executor is qualified, and the administrator of the estate is appointed, by
the court of the country where the deceased is domiciled at the time of his
death
If the deceased was non-domiciliary, the country where his properties are
found
The rights, powers, and duties of the executor or the administrator are
coextensive with the territorial jurisdiction of the court that qualified or
appointed him
Conflict rules on Adoption
Adoptions are governed by the law of the place where the adoption was made
As a rule, adoptions made in one jurisdiction are usually recognized in other
jurisdictions
o This is true so long as the adoption proceedings follows the law of the
place where it is made
Applicable law
Before the enactment of the Family Code on August 3, 1988, the Child and
Youth Welfare code allows aliens to adopt in our jurisdiction
Upon the enactment of the Family Code, aliens were no longer allowed adopt
in our country
o On the theory of vested rights and non-retroactivity of laws, adoptions
granted prior the effectivity of the FC were valid
o Petitions filed before the enactment of FC shall be processed under the
Child and Youth Welfare Code
Domestic and Inter-country adoption
Residence requirement
o The Domestic Adoption Act (DAA) allows aliens to adopt in our country,
provided that they have been living in the Philippines for three (3)
years.
o The Inter-Country Adoption (ICA) has no such requirement
Preference
o The DAA is the preferred method of adoption. The ICA shall be the last-
resort
The ICA provides that alien should be eligible to adopt under his or her
national law
In addition, there must be diplomatic relations between the country of the
adopting parent and the adopted child. Meaning, the country of the adopting
parents should allow adoption and it must comply with the PH laws.
Liberality of adoption proceedings
In Republic v CA, the SC ruled that it is a settled rule therein that adoption
statutes, as well as matters of procedure leading up to adoption, should be
liberally construed to carry out the beneficent purposes of the adoption
institution and to protect the adopted child in the rights and privileges
coming to it as a result of the adoption. The modern tendency of the courts is
to hold that there need not be more than a substantial compliance with
statutory requirements to sustain the validity of the proceeding
Conflict rules on Corporation
Corporation
Artificial being
Created by operation of law
Right of succession
Powers, attributes, and properties expressly authorized by law or incident to
its existence
Three theories to determine the personal or governing law
It is the law of the place of incorporation
The place or center of management
The place of exploitation
In PH, we follow the theory of the place of the incorporation.
Domicile of Corporation
NCC states that when the law creating them or any provision does not fix the
domicile of the juridical person, the same shall be understood to be the place
where their legal representation is established or where they can exercise
their principal function
The Corporation Code provides that the AOI of a Philippine Corporation should
state the place where the original office of the incorporation is to established
or located
The location must be withing PH
As to FC, it acquired its domicile in PH through a license to operate
In Hyatt v Goldstar, the SC held that the place where the principal office of a
corporation is located, as stated in the articles, indeed establishes its
residence
Internal Affair Rule
An FC, doing business in PH shall be bound by all laws, rules and regulations
applicable to domestic corporations of the same class
XPN: matters relating to the creation, formation, organization, dissolution of
corporations
Those which fixed the relations, liabilities, responsibilities, or duties of
stockholders, members, or officers, to each other or the corporation
Exceptions to the theory of the place of incorporation
Constitutional purpose: 60% Filipino ownership rule
Wartime purpose: determine if the corporation is a corporation belonging to
an enemy state
Matters governed by the personal law of the corporation
Requisites for the formation of a corporation
The required number of the incorporators and members of BOD
Kinds of shares of stocks
Transfer of stocks
Legality of the issuance of dividends
Powers and duties of the officers, stockholders, and members
Validity of corporate acts and contracts
Must be authorized by the law of incorporation and law of the place of the
performance
Valid in the place of incorporation but unauthorized in the place of
performance, or vice-versa, the said act or contract is deemed doubtful and
may not be given effect at all
Suability of FC in PH
Yes, if it has the necessary license to do business in PH
Acts or contracts of an FC, without a license are unenforceable
Estopped to persons who contracted with an unlicensed FC
Nationality Test
Control test
When shares belonging to corporations or partnerships at least 60% which is
owned by Filipino citizens, the corporation should be considered of Philippine
Nationality
As defined by Foreign Investments Act (FIA), “a corporation and its non-
Filipino stockholders’ own stocks in a SEC registered enterprise, at least 60%
of the capital stock outstanding and entitled to vote of each of both
corporations must be owned and held by citizens of PH and at least 60% of
the members of the BOD, in order that the corporation shall be considered as
PH National
Grandfather rule
To be used if there is doubt to the nationality after applying the control test or
when the shares is not at least 60% owned by Filipino citizens
Only the number of shares corresponding to such percentage shall be
counted as of PH Nationality
In Narra Nickel v Redmont, the SC said that if 100,000 shares are registered
in the name of a corporation or partnership at least 60% of the capital stock
or capital, respectively, of which belong to Filipino citizens, all of the shares
shall be recorded as owned by Filipinos. But if less than 60%, or say, 50% of
the capital stock or capital of the corporation or partnership, respectively,
belongs to Filipino citizens, only 50,000 shares shall be counted as owned by
Filipinos and the other 50,000 shall be recorded as belonging to aliens
Crimes
Different theories to determine jurisdiction to take cognizance over criminal offense
Territorial theory: the state where the crime was committed has the
jurisdiction to try the case. The penal law and penalties prescribed therein
shall apply
o Subjective territorial principle: the state where the crime begins
o Objective territorial principle: the state where the crime ends
Nationality theory: the country of which the criminal is a citizen has the
jurisdiction to try him for the crimes he committed even if it is beyond the
territory of the state. Provided the act is criminal in the country where he is a
citizen
Protective theory: any state whose national interest might be jeopardized
has jurisdiction over the criminal offense, even if committed outside the
territory or even if committed by alien
In PH, generally, we apply the territoriality rule. XPN, the protective theory
Application of XPN can be found in Art 2 of the RPC
o Commit an offense while on PH ship or airship
o Forging and counterfeiting any notes and coins of PH or obligations and
securities of Gov’t PH
o Introduction of the forged or counterfeit notes to the PH
o Crimes against national security
o Officers and employees of govt for crimes connected to their functions
Enforcement of Foreign Judgment
FJ are allowed to be reinforced in our jurisdiction as a matter of comity with
the international community
Provided, these judgments are not contrary to public policy or our prohibitive
laws
Rules of Court (Rule 39)
Section 48. Effect of foreign judgments or final orders. — The effect of a judgment
or final order of a tribunal of a foreign country, having jurisdiction to render the
judgment or final order is as follows:
In case of a judgment or final order upon a specific thing, the judgment or
final order, is conclusive upon the title to the thing, and
In case of a judgment or final order against a person, the judgment or final
order is presumptive evidence of a right as between the parties and their
successors in interest by a subsequent title.
In either case, the judgment or final order may be repelled by evidence of a want of
jurisdiction, want of notice to the party, collusion, fraud, or clear mistake of law or
fact. (50a)
Res Judicata
The decision of a FCT has the effect of res judicata in our jurisdiction
Generally, a foreign judgment is entitled to respect and recognition by our
courts
The only duty of our courts is to ensure that the judgment is genuine,
authentic, and in accordance with foreign law
Proof of Foreign Law
As a rule, our courts do not take judicial notice of FJ and laws
The party invoking the foreign law must prove it before our courts
Rules of Court (Rule 132)
Section 24. Proof of official record. — The record of public documents referred to in
paragraph (a) of Section 19, when admissible for any purpose, may be evidenced by
an official publication thereof or by a copy attested by the officer having the legal
custody of the record, or by his deputy, and accompanied, if the record is not kept
in the Philippines, with a certificate that such officer has the custody. If the office in
which the record is kept is in foreign country, the certificate may be made by a
secretary of the embassy or legation, consul general, consul, vice consul, or
consular agent or by any officer in the foreign service of the Philippines stationed in
the foreign country in which the record is kept, and authenticated by the seal of his
office. (25a)