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CONFLICT OF LAWS
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)
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:
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;
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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.
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
14. Guardianship over the property. 14. Lex rei sitae (Article 16, CC)
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
22. Administration of debts. 22. Lex situs of assets of the debtor (for these assets can be held liable for the debts)
25. Effect on a corporation of the sale of the corporate shares 25. Law of the place of incorporation
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