REVIEWER CONFLICT OF LAWS
country wherein said property may be found
CONFLICT OF LAWS - part of municipal law of
the state which directs its courts and
administrative agencies, when confronted with
legal problem involving FOREIGN ELEMENT,
whether or not, they should apply a foreign law.
In short, there is conflict of laws if it involves
foreign element. E.g. foreign person or law. The
goal of it is to HARMONIZE THE LAWS.
I. ROMAN EMPIRE
Two Kinds of Roman Law
a.) IUS GENTIUM- laws that resolves dispute
between Roman Citizens v. Non Roman Citizens.
b.) IUS CEVILE- laws that governs and apply only
to Romans.
- KARAKALA Civil law of Rome. It grants
citizenship. 212 AD
II. 14th CENTURY
ITALY- they have their own laws but not united.
BARTOLOMIUS (Bartolus)- Father of Conflict of
Laws.
Theory of Statutes: 3 Kinds
1. Statuta Real Real and Movable Propertes
2. Statuta Personalia Persons; Civil Code
3. Statuta Mixta- Properties and Persons
III. 16th CENTURY
FRANCE- founder of territoriality Statute. ART 16
of Civil Code.
Applies only on the specific place unless there is
a treaty or kumitas.
Article 16. Real property as well as personal
property is subject to the law of the country
where it is stipulated.
However, intestate and testamentary
successions, both with respect to the order of
succession and to the amount of successional
rights and to the intrinsic validity of
testamentary provisions, shall be regulated by
the national law of the person whose succession
is under consideration, whatever may be the
nature of the property and regardless of the
IV. 18th CENTURY
GERMANY- ART. 16 of Civil Code. Lex Situs.
SAVIGNY- every element or transaction should
govern by the law where the problem arouse.
V. 19th CENTURY
Nationality Principle- Article 15.
Article 15. 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.
VI. 20th CENTURY- GATT
A. FACTORS THAT GIVE ARISE TO CONFLICT OF
LAWS PROBLEMS
1. Diversity if different municipal laws
2. Occurrence of transactions involving different
foreign factors that affected by different laws.
CONFLICT RULES:
ART. 15. 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.
ART. 16. Real property as well as personal
property is subject to the law of the country
where it is stipulated.
However, intestate and testamentary
successions, both with respect to the order of
succession and to the amount of successional
rights and to the intrinsic validity of
testamentary provisions, shall be regulated by
the national law of the person whose
succession is under consideration, whatever
may be the nature of the property and
regardless of the country wherein said property
may be found.
ART. 17. The forms and solemnities of contracts,
wills, and other public instruments shall be
governed by the laws of the country in which
they are executed.
When the acts referred to are executed before
the diplomatic or consular officials of the
Republic of the Philippines in a foreign country,
the solemnities established by Philippine laws
shall be observed in their execution.
Prohibitive laws concerning persons, their acts
or property, and those which have for their
object public order, public policy and good
customs shall not be rendered ineffective by
laws or judgments promulgated, or by
determinations or conventions agreed upon in a
foreign country.
B. PRIVATE INTL. LAW V. PUBLIC INTL. LAW
Private Intl Law- involve only local laws. E.g.
persons, contracts, torts, Labor, and domicile. It
doesnt have specific venue.
Public Intl Law- It governs conflicts of
nations/states. It has specific venue which is the
ICJ.
Domestic Cases- there is absent of foreign laws.
C. SOURCES OF CONFLICT OF LAWS
1. DIRECT SOURCES-
a. Jurisprudence
b. Constitution
c. Codifications (NCC, RPC)
d. Special laws
e. International laws
2. INDIRECT SOURCE-
a. Natural and Moral law- implicated by God.
Universal law
b. Works of Writers
D.EXEMPTION TO CRIMINAL LIABILITY
(JURISDICTION)
1. Diplomats
2.Sovereign Chief of State
3. Ministers
4. Charges De Affairs
5. Official Retinue (e.g. guards)
ACT OF STATE DOCTRINE- official acts of
ambassadors are accorded with respect in our
country. Their official acts constitute immunity
not to the leader but to the State.
CONSULS- not immune from suit
SOVEREIGN IMMUNITY-state cannot be sued
without its consent. Country is immune from
criminal liability.
2 KINDS OF CONFLICTING RULES
1. CLASSICAL THEORY-The state cannot be
respondent in the case of other country.
2. RESTRICTIVE THEORY- Immunity of State is
only for PUBLIC ACTS. (juri imperii)
*In cases of PRIVATE ACTS (juri gestioni), it can
be sued or be a party in a foreign court.
SET OF CONFLICT RULES:
1. FAMILY CODE
Art. 10. Marriages between Filipino citizens
abroad may be solemnized by a consul-general,
consul or vice-consul of the Republic of the
Philippines. The issuance of the marriage license
and the duties of the local civil registrar and of
the solemnizing officer with regard to the
celebration of marriage shall be performed by
said consular official.
Art. 21. 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.
Stateless persons or refugees from other
countries shall, in lieu of the certificate of legal
capacity herein required, submit an affidavit
stating the circumstances showing such capacity
to contract marriage.
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), 3637 and 38
Art. 35. The following marriages shall be void
from the beginning:
(1) Those contracted by any party below
eighteen years of age even with the consent of
parents or guardians;
(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;
(3) Those solemnized without license, except
those covered the preceding Chapter;
(4) Those bigamous or polygamous marriages
not failing under Article 41;
(5) Those contracted through mistake of one
contracting party as to the identity of the other;
and
(6) Those subsequent marriages that are void
under Article 53
Art. 36. 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, shall
likewise be void even if such incapacity becomes
manifest only after its solemnization.
Art. 37. Marriages between the following are
incestuous and void from the beginning,
whether relationship between the parties be
legitimate or illegitimate:
(1) Between ascendants and descendants of any
degree; and
(2) Between brothers and sisters, whether of the
full or half blood
Art. 38. The following marriages shall be void
from the beginning for reasons of public policy:
(1) Between collateral blood relatives whether
legitimate or illegitimate, up to the fourth civil
degree;
(2) Between step-parents and step-children;
(3) Between parents-in-law and children-in-law;
(4) Between the adopting parent and the
adopted child;
(5) Between the surviving spouse of the adopting
parent and the adopted child;
(6) Between the surviving spouse of the adopted
child and the adopter;
(7) Between an adopted child and a legitimate
child of the adopter;
(8) Between adopted children of the same
adopter; and
(9) Between parties where one, with the
intention to marry the other, killed that other
persons spouse, or his or her own spouse.
Art. 80. In the absence of a contrary stipulation
in a marriage settlement, the property relations
of the spouses shall be governed by Philippine
laws, regardless of the place of the celebration
of the marriage and their residence.
This rule shall not apply:
(1) Where both spouses are aliens;
(2) With respect to the extrinsic validity of
contracts affecting property not situated in the
Philippines and executed in the country where
the property is located; and
(3) With respect to the extrinsic validity of
contracts entered into in the Philippines but
affecting property situated in a foreign country
whose laws require different formalities for its
extrinsic validity.
Art. 96. The administration and enjoyment of the
community property shall belong to both
spouses jointly. In case of disagreement, the
husbands decision shall prevail, subject to
recourse to the court by the wife for proper
remedy, which must be availed of within five
years from the date of the contract
implementing such decision.
In the event that one spouse is incapacitated or
otherwise unable to participate in the
administration of the common properties, the
other spouse may assume sole powers of
administration. These powers do not include
disposition or encumbrance without authority of
the court or the written consent of the other
spouse. In the absence of such authority or
consent, the disposition or encumbrance shall be
void. However, the transaction shall be
construed as a continuing offer on the part of the
consenting spouse and the third person, and
may be perfected as a binding contract upon the
acceptance by the other spouse or authorization
by the court before the offer is withdrawn by
either or both offerors.
Art. 107. The rules provided in Articles 88 and 89
shall also apply to conjugal partnership of gain.
2. CIVIL CODE
Article 14. Penal laws and those of public
security and safety shall be obligatory upon all
who live or sojourn in the Philippine territory,
subject to the principles of public international
law and to treaty stipulations
Article 15. 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. (9a)
Article 16. Real property as well as personal
property is subject to the law of the country
where it is stipulated.
However, intestate and testamentary
successions, both with respect to the order of
succession and to the amount of successional
rights and to the intrinsic validity of
testamentary provisions, shall be regulated by
the national law of the person whose succession
is under consideration, whatever may be the
nature of the property and regardless of the
country wherein said property may be found.
(10a)
Article 17. The forms and solemnities of
contracts, wills, and other public instruments
shall be governed by the laws of the country in
which they are executed.
Article 819. Wills, prohibited by the preceding
article, executed by Filipinos in a foreign country
shall not be valid in the Philippines, even though
authorized by the laws of the country where they
may have been executed.
Article 829. A revocation done outside the
Philippines, by a person who does not have his
domicile in this country, is valid when it is done
according to the law of the place where the will
was made, or according to the law of the place in
which the testator had his domicile at the time;
and if the revocation takes place in this country,
when it is in accordance with the provisions of
this Code.
Article 1039. Capacity to succeed is governed by
the law of the nation of the decedent.
3. REVISED PENAL CODE
Article 2. Application of its provisions. - Except as
provided in the treaties and laws of preferential
application, the provisions of this Code shall be
enforced not only within the Philippine
Archipelago, including its atmosphere, its
interior waters and maritime zone, but also
outside of its jurisdiction, against those who:
1. Should commit an offense while on a
Philippine ship or airship
2. Should forge or counterfeit any coin or
currency note of the Philippine Islands or
obligations and securities issued by the
Government of the Philippine Islands;
3. Should be liable for acts connected with the
introduction into these islands of the obligations
and securities mentioned in the presiding
number;
4. While being public officers or employees,
should commit an offense in the exercise of their
functions; or
5. Should commit any of the crimes against
national security and the law of nations, defined
in Title One of Book Two of this Code.
4. RULES OF COURT
5. CONSTITUTION
6. CORPORATION LAW
D. PHASES IN CONFLICT RESOLUTION
1. Jurisdiction-authority of the court to take
cognizance of the case
2.Choice of Law- which law should the court
apply
3. Recognition or Enforcement of Judgment-
where should enforce? Here or there?
E. JURISDICTION Power/authority of the court
to try, hear and decide the case.
JURIDICAL JURISDICTION-authority of the court
to decide the case in accordance with law.
LEGISLATIVE JURISDICTION-power of the
congress to promulgate laws and execute or
enforce in particular state.
KINDS OF JURISDICTION
1. JURISDICTION OVER PERSON
Petitioner-by filing a complaint or pleading duly
filed
Respondent- through summons, voluntary
submission and coercive power of the state.
2. JURISDICTION OVER SUBJECT MATTER
-conferred by law
-acquired through allegations in the complaint
3. JURISDICTION OVER PROPERTY
-through seizure of the property under legal
process or institution of legal proceedings
wherein the courts power over the property is
recognized and made effective.
KINDS OF ACTION
1. Action in Personam- judgment is binding to
the parties. E.g. Collection of sum of money,
specific performance
2. Action in Rem- binds the whole world. E.g.
Accion Reinvindicatoria
3. Action in Quasi in Rem- directed to the
interest of the person over property. E.g.
partition of property, foreclosure proceedings
E. WAYS OF DISPOSING OR
SOLVING/RESOLVING CONFLICTS CASES
1. Determine if there is Jurisdiction
-No? then dismiss the case for lack of
jurisdiction.
-Yes? Assume Jurisdiction.
If there is no foreign element, apply the internal
law (lex fori).
If there is foreign element, apply foreign law
(lex causae).
-If no laws applicable, sort to cultures ART. 9 of
NCC. (BERNAS Case)
Article 9. No judge or court shall decline to
render judgment by reason of the silence,
obscurity or insufficiency of the laws.
2. Even the court possesses jurisdiction, it may
refuse to assume because on the ground of
FORUM NON-CONVENIENS
-refusal of assume jurisdiction because it would
prove inconvenient for the forum.
-the ends of justice would be best served by
trial in another forum
-controversy maybe more suitably tried
somewhere
ELEMENTS OF FORUM NON CONVENIENS
a. Foreign law may applicable
b. Evidences may not be readily available
c. Court dockets of the forum may already be
clogged
d. Curbed of the non-forum shopping
3. Assume Jurisdiction and Apply the Forum
law/Internal Law/FEX FORI
3 INSTANCES WHEN LEX FORI SHOULD BE
APPLIED
a.) Expressly Provided by law.
Eg. Article 16. Real property as well as personal
property is subject to the law of the country
where it is stipulated.
However, intestate and testamentary
successions, both with respect to the order of
succession and to the amount of successional
rights and to the intrinsic validity of
testamentary provisions, shall be regulated by
the national law of the person whose
succession is under consideration, whatever
may be the nature of the property and
regardless of the country wherein said property
may be found.
Article 819. Wills, prohibited by the preceding
article, executed by Filipinos in a foreign country
shall not be valid in the Philippines, even though
authorized by the laws of the country where they
may have been executed.
IMMUTABILITY OF PROPERTY RELATIONS
-regardless of change of nationality, whatever its
property regime at the start, it is constant.
EXCEPTIONS: Mutability- If for some reasons, the
property is governed by the national of persons.
b.) Foreign law has not properly pleaded and
proved
PROCESSUAL PRESUMPTION- when foreign law
has not been properly proved, court may
presume that the said foreign law is the same as
its local law which it can apply.
Written Law, proved by:
a. Official Publication
b. Copy of the foreign laws
c. Certificate attested by officer having custody
of the law
d. Certification made by Secretary Officer or
Consul
Unwritten Law, proved by:
a. Oral testimony by an expert
b. printed and published books of reports of
decisions of the country involved.
c.) Case involves any of the exceptions to the
application of a Foreign law (Lex Causae)
1. Contrary to Public policy
-Art. 17, par. 3 of CC
Prohibitive laws concerning persons, their acts
or property, and those which have for their
object public order, public policy and good
customs shall not be rendered ineffective by
laws or judgments promulgated, or by
determinations or conventions agreed upon in a
foreign country.
-Divorce Law (exception Art. 26, CC)
Article 26. Every person shall respect the
dignity, personality, privacy and peace of mind
of his neighbors and other persons. The
following and similar acts, though they may not
constitute a criminal offense, shall produce a
cause of action for damages, prevention and
other relief:
(1) Prying into the privacy of another's
residence;
(2) Meddling with or disturbing the private life
or family relations of another;
(3) Intriguing to cause another to be alienated
from his friends;
(4) Vexing or humiliating another on account of
his religious beliefs, lowly station in life, place of
birth, physical defect, or other personal
condition.
-Joint Wills (Art. 818, 819 NCC)
Article 818. 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
Article 819. Wills, prohibited by the preceding
article, executed by Filipinos in a foreign
country shall not be valid in the Philippines,
even though authorized by the laws of the
country where they may have been executed.
-Same Sex Marriage
2.Contrary to Morals
-Contra bonus Mores
-RA 6955 Unlawful the practice of matching
filipino women for marriage to foreign nationals
on a mail order basis
3. Penal in nature
-because we based in territoriality principle
4. Procedural matters
-E.g. American cannot change the procedure of
Phils.
5. Purely fiscal
-Administratively function of Government.
-We are not concern with the collection of taxes
by other countries.
6. Vital Interest of the State
7. Application of foreign law will work injustice
8. Case involves real or personal property
located in our country
F.) 5 THEORIES IN THE APPLICATION OF LEX
CAUSAE
1. Theory of Comity
-apply the foreign law because of its
convenience.
-2 principles of theory of comity
a. reciprocity
-forum are recognized in a foreign state, forum
in turn will recognize the laws and judgment of
foreign state.
b. persuasiveness
-foreign judgment is meritorious and will not
hesitate to enforce even if the foreign law does
not reciprocate.
2. Theory of Vested Right
-enforce the rights that have been vested under
such foreign law.
3. Theory of Local law
-because our own laws required to apply such
rules.
-as if foreign law has become part of our local
law.
4. Theory of Harmony of Laws
-apply foreign law so that wherever a case
decided, the solution should be approximately
the same.
-Goal is there will be a harmony of laws.
-e.g. Extrinsic Validity, Art. 17, NCC
Article 17. The forms and solemnities of
contracts, wills, and other public instruments
shall be governed by the laws of the country in
which they are executed.
When the acts referred to are executed before
the diplomatic or consular officials of the
Republic of the Philippines in a foreign country,
the solemnities established by Philippine laws
shall be observed in their execution.
Prohibitive laws concerning persons, their acts
or property, and those which have for their
object public order, public policy and good
customs shall not be rendered ineffective by
laws or judgments promulgated, or by
determinations or conventions agreed upon in a
foreign country.
5. Theory of Justice
-apply the foreign for it will attain Justice and
Order.
G.) RECOGNITION AND ENFORCEMENT OF
FOREIGN JUDGMENT
Foreign Judgment
-proof of foreign judgment has to be presented.
-where judgment is only binding to the territory
How to prove foreign judgment:
1. Prove as a fact
2. Civil in nature
Requisites:
1. Prove as a fact
2. Must be judgment on civil in nature
3. must be final and executory to constitute Res
Judicata
Elements of Res Judicata:
a. final
b. rendered by a competent court
c. On the merits
d. Same parties, subject matter and cause of
action
4. Must not contrary to public policy or good
morals of the state where it is to be enforced
5. must have jurisdiction
6. Must Authenticated

RECOGNITION OF FOREIGN JUDGMENT
-judgment is used as a defense to a local
litigation
-it is necessary that there must be a case
ENFORCEMENT OF FOREIGN JUDGMENT
-judgment is asked to be applied
-no case necessary
EXCEPTION TO THE APPLICATION OF FOREIGN
LAW:
-when it is penal. However, Extradition is
applicable.
H.) CONFLICTS RULE
Conflicts Rule
-cases involving foreign element.
2 Kinds of Conflicts Rule
1. One sided
-Phil. Law is applied like specifically states in
Art. 80 of Family Code.
Art. 80. In the absence of a contrary stipulation
in a marriage settlement, the property
relations of the spouses shall be governed by
Philippine laws, regardless of the place of the
celebration of the marriage and their
residence.
2. Multi-sided
-foreign law is applicable like Art. 17 of NCC
Article 17. The forms and solemnities of
contracts, wills, and other public instruments
shall be governed by the laws of the country in
which they are executed.
COMPOSITION OF CONFLICTS RULE
1.Factual Situation
-set of facts or situation presenting a conflicts
problem because there is a foreign element.
-E.g. Article 1039. Capacity to succeed is
governed by the law of the nation of the
decedent.
-The Capacity to succeed is the Factual
Situation.
2. Point of Contact or Connecting Factor
-the law of the country with which the factual
situation is most intimately connected.
-E.g. The law of the nation of the decedent in
Art. 1039 is the Connecting Factor.
I.) CHARACTRIZATION
Characterization
-Process of case analysis
Steps of Characterization:
1. Determination of Facts
-whether or not foreign element is involved.
2. Characterization of the facts/case
-determine the issue
-E.g. whether the case is succession, or
adoption or what kind of case
3. Determination of Conflicts Rule
-what conflicts rule must be followed
-lex fori or lex causae
4. Point of Contact or Connecting Factor
-What law should apply
5. Characterization of the problem as
substantive or procedural
-If it is procedural, local law should apply
-If substantive, it depends
6. Plead and prove the proper foreign law
7. Apply the law
J.) NATIONALITY THEORY/PERSONAL LAW
Nationality
-National law of individual that regulates civil
status, capacity, condition, family rights and
duties, laws on succession and capacity to
succeed.
Nationality Conflict Rule
-ART. 15 OF NCC
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.

Status
-place of an individual in a society
-e.g. married/not
married/widow/widower/sane/insane
Dual Citizenship
-status of a person who is a citizen of 2 or more
countries at the same time
-may became statelessness because he may
have been born in a country which recognizes
jus sanguinis or citizenship by blood, of parents
whose law recognizes only the principle of jus
soli or citizenship by birth in a certain place.
Thus, he is neither a citizen of the country of his
parents.
Effective Nationality
-a person having more than one nationality
shall be treated as if he had only one.
-Citizenship + place of domicile
-domicile will apply
K.) STATELESSNESS
Arises due to:
1. Deprivation of his citizenship for any cause
such as commission of a crime
2. Renunciation of ones nationality by certain
acts
3. Voluntary release from his original state
4. He may have been born in a country which
recognizes jus sanguinis or citizenship by blood,
of parents whose law recognizes only the
principle of jus soli or citizenship by birth in a
certain place. Thus, he is neither a citizen of the
country of his parents.
-Art. 4, Sec. 5 of Constitution
Dual allegiance of citizens is inimical to the
national interest and shall be dealt with by law.
Theory on Domicialiary
-Hague Conference of 1928 on International
Private Law suggested that personal law of
stateless individuals shall be the law of the
domicile or the law of the place of temporary
residence.
-Convention on the Adoption on the Reduction
of Statelessness (1961) mandates that the jus
sanguinis country grants its nationality to
person born within its territory if he would be
otherwise stateless, and the jus soli country to
extend its nationality to a person who would
otherwise be considered stateless when any of
his parents is a citizen of the contracting state
Election of Citizenship
-citizens by virtue of certain legal provisions,
become such by choosing (or electing)
Philippine citizenship after attaining the age of
majority.
Re-acquisition of Citizenship
1. Naturalization
-those who are not natural-born
citizens; those who become such
through judicial proceedings
2. Repatriation
-That a woman who lost her citizenship
bv reason of her mariage to an alien
may be repatriated.
3. Direct act of Congress
-enacted law by the congress
Loss of Citizenship
1. Naturalization in foreign countries
2. Express renunciation of citizenship
3. Subscribing to an oath of allegiance to
support the constitution or laws of a foreign
country
4. Rendering service to, or accepting
commission in, the armed forces of a foreign
country
5. Cancellation of the Certificate of
Naturalization
6. Having been declared by competent
authority, a deserter of the Philippine armed
forces in time of war
K.) STATUS
Art. 15 NCC
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.
3 Theories in Status
1. Nationality Theory
-Article 15. 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. Domicilliary Theory
-theory that in general the status,
condition, rights, obligations and
capacity of a person should be
governed by the law of his domicile
- solves the problem in dual citizens
and statelessness
3. Lex Situs Theory Eclectic Theory
- the state where the property is
situated having the sole power to
decide the validity and effects of the
transfer of property.
-Art. 16 of NCC
Real property as well as personal
property is subject to the law of the
country where it is stipulated.
L.) DOMICILE
Domicile
-Place of Habitual Residence (Natural Persons)
-Place of creation or determined by the law
creating or recognizing it. (Juridical Person)
Art. 50 of NCC
For the exercise of civil rights and the fulfillment
of civil obligations, the domicile of natural
persons is the place of their habitual residence.
PLACE OF FIXED LEGAL RELATIONS BECAUSE:
(Kinds of Domicile)
1. Domicile of origin refers to a persons
domicile at birth.
2. Domicile of choice, which is also called
voluntary domicile, who has the intention to
return.
3.Constructive domicile or domicile by
operation of law - that which is assigned to a
person after birth on account of legal disability
caused for instance by minority, insanity or
marriage in the case of a woman.
DOMICILIUM NECESSARIUM
-domicile by operation of law or constructive
domicile
Domicile v. Residence v. Citizenship
Domicile- there is physical presence more or
less permanent with intent to stay and return
Residence- there is physical presenc, more or
less trmporary without an intent to stay and
return
Citizenship- ties allegiance and loyalty
Article 817 NCC
A will made in the Philippines by a citizen or
subject of another country, which is executed in
accordance with the law of the country of which
he is a citizen or subject, and which might be
proved and allowed by the law of his own
country, shall have the same effect as if
executed according to the laws of the
Philippines.
GEN. RULES/PRINCIPLES ON DOMICILE
1. No person shall be without a domicile;
2. A person cannot have two simultaneous
domicile since the very purpose for identifying
ones domicile is to establish a connection
between the person and a definite legal system;
3. Natural Person Free to change his domicile
4. Once acquired, it remains the domicile unless
a new one is obtained:
a. by capacitated persons
b. with freedom of choice

c. with actual physical presence

d. and 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 remain)

5. The burden of proving a change of domicile is

upon whoever alleges that a change has been
secured.

DOMICILE OF ORIGIN OF CHILDREN

1. Legitimate child
- Domicile of choice of his father at
the birth of the child.
2. Illegitimate
- Domicile of choice of the mother at
the time of birth of thr child
3. Legitimated
- Domicile of the father at the time of
the birth of the child.
4. Adopted
-domicile of real parent or parent of
consanguinity.

5. Foundling
-country where it was found

Art. 69 FC. The husband and 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 live abroad or
there are other 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.