XI. Principles on Personal Status and Capacity HELD: R should be paid his fees.
HELD: R should be paid his fees. H spouses are US citizens and their status and the
A. Definition
Personal capacity
 Includes both condition and capacity
 Embraces matters as the beginning and end of personality, capacity to have
rights, capacity to engage in legal transactions, protection of personal interests,
family relations, also transactions of family law such as marriage, divorce,
separation, adoption, legitimation and emancipation, and succession.
Juridical capacity: fitness of a man to be the subject of legal relations
Capacity to Act: power to do acts with legal effects
ART. 37, Civil Code:
Juridical capacity, which is the fitness to be the subject of legal relations, is inherent in
every natural person and is lost only through death. Capacity to act, which is the power
to do acts with legal effect, is acquired and may be lost.
In case of Filipinos, Art. 15 of the CC states that personal status and capacity follows
the nationality principle.
In case of aliens, courts may refer to their national law or domiciliary law.
Recto vs. Harden
(1959)
FACTS: H engaged the services of R, as counsel in her suit against her husband for
support and for preservation of her rights in the conjugal partnership in contemplation
of a divorce suit. However, the spouses entered into a compromise agreement to defeat
the claim of R in attorney’s fees. H moved to dismiss on the ground of invalidity of the
contract of service because divorce is contrary to Phil law.
dissolution thereof are governed by the laws of the United States, which sanction
divorce. Therefore, contract is not contrary to public policy.
B. Legislative Jurisdiction Distinguished from Judicial Jurisdiction
Status once established by the personal law of the party, is given universal recognition.
Status, capacity, and rights and duties, brought into existence by State A and conferred
in a natural or juridical person under its jurisdiction, should be recognized by State B,
without any exception or qualification imposed by the latter, except by some definite
or protected rule of municipal law.
- Aliens can sue and be sued in our courts even on issues relating to status and
capacity. However, the applicable law is their personal law.
C. Beginning and End of Personality
The determination of the exact moment personality begins is referred to the
individual’s personal law.
Art. 40, CC
Birth determines personality; but the conceived child shall be considered born for all
purposes that are favorable to it, provided it be born later with the conditions specified
in the following article.
Art. 41, CC
For civil purposes, the fetus is considered born if it is alive at the time it is completely
delivered from the mother’s womb. However, if the fetus had an intra-uterine life of
less than 7 months, it is not deemed born if it dies within 24 hours after its complete
delivery from the maternal womb
Geluz vs. CA: SC did not allow for recovery of damages for the injury and death of a
conceived child which is still in the mother’s womb. Art. 40 cannot be invoked since
it expressly limits the provisional personality by imposing the condition that the child
should be subsequently born alive.
Civil personality is commenced at birth and is extinguished by death. A declaration of
death issued by a competent court is considered valid for all purposes.
Limjoco vs. Intestate Estate of Fragante: HELD: SC ruled that the estate of a deceased
applicant can be granted a CPC to avoid injustice or prejudice resulting from the
impossibility of exercising such legal rights & fulfilling such legal obligations of the
decedent as survived after his death unless the legal fiction, that the estate is considered
a person, is indulged.
D. Absence
The domestic laws of states do not treat absentees alike.
Three ways of dealing with the problem:
1. there is a rebuttable presumption that a person is dead after he has been absent for
a number of years
2. a person’s unexplained absence is judicially investigated and established which
results in legal effects similar to those of death
3. a judicial decree shall have to be issued declaring a person dead before legal effects
of death can take place
*Phil law follows the rebuttable presumption (1).
Art. 390, CC
After the absence of 7 years, it being unknown whether or not the absentee still lives,
he shall be presumed dead for all purposes, except for those of succession.
The absentee shall not be presumed dead for the purpose of opening his succession till
after the absence of 10 years. If he disappeared after the age of 75 years, an absence of
5 years shall be sufficient in order that his succession may be opened.
Art. 391, CC
The ff. shall be presumed dead for all purposes, including the division of estate among
the heirs:
(1) a person on board a vessel lost during sea voyage, or an airplane which is missing,
who has not been heard of for 4 years since the loss of the vessel or airplane.
(2) A person in the armed forces who has taken part in war and has been missing for
4 years
(3) A person who has been in the danger of death under other circumstances and his
existence has not been known for 4 years
However, for specific purposes, our laws require that a declaration of death be issued
before certain legal effects of death arise ex. Contracting a subsequent marriage but the
periods are reduced to 2 years.
The legal effects of absence and restrictions on his capacity are determined by his
personal law.
E. Name
A person’s name is determined by law and cannot be changed without judicial
intervention.(Art. 376, CC) Case law shows that courts have allowed petitions on
grounds that the name—
1. is ridiculous or tainted with dishonor or extremely difficult to pronounce
2. when the change is necessary to avoid confusion
3. when the right to a new name is a consequence of change in status
4. a sincere desire to adopt a Filipino name to erase signs of a former alien nationality
which unduly hamper social and business life
Confusion as to one’s paternity has been held to justify the court’s denial of a petition
for change of name.
Whether an alien’s change of name is valid depends solely on his personal law.
 PART FOUR: CHOICE OF LAW PROBLEMS
F. Age of Majority

The legal disability and rights attached to minority are aspects of personal status. It is
the individual’s personal law which determines whether he has reached the age of
majority.
RA 6809 lowered the age of majority from 21 – 18 years but parental consent for
contracting marriage is still required until the age of 21.
XII. Choice of Law in Family Relations
Man & woman may decide to marry in a country other than that of their nationality &
come home. Issue of validity of marriage & legal consequences may be raised (Legal
consequences such as personal & property relations, status & rights of children, use of
surname & right to inherit).

G. Capacity
A person’s ability to act is governed by his personal law. Rules on capacity of an
individual to bind himself by contract with other persons or by unilateral acts are the
very core of the rules that identify his legal position. The incapacities attached to his
legal status go with him wherever he is.
The general rule on capacity is subject to several exceptions. These include liability in
tort, which is subject to the law of the place of the tort and the restrictions on the
contracting capacity of a married woman.
Insular Government vs. Frank
(1909)
Family law is an area of substantive law which reflects strong policies of state often
based on values highly held by society. Family relations give rise to grave individual
& societal concerns.
A. Marriage
Family Code Definition:
Art 1. “Marriage is a special contract of permanent union b/w man & woman entered
into in accordance w/ law for the establishment of conjugal & family life.
It is the foundation of the family & an inviolable social institution whose nature,
consequences & incidents are governed by law & not subject to stipulation except that
marriage settlements may fix property relations during the marriage w/in limits
provided by this Code.”

FACTS: Insular Govt entered into an employment contract with Frank in Illinois when Juxtaposed w/ Art15 CC, w/c states that questions on family rights, duties, status,
he was still a minor under Phil law but not under Illinois law. Frank breached the conditions & capacity are governed by lex nationalii, the importance of such definition
contract so IG sued him. is realized.

HELD: Illinois law should apply. Matters bearing upon the execution, interpretation Marriage is a special contract as distinguished from an ordinary contract:
and validity of a contract are determined by the law of the place where the contract is
made. 1) entered into by a man & a woman
2) both at least 18 years of age
3) solemnized by a person specifically authorized by law
This case should have been resolved as a capacity case instead of as a contract case 4) a permanent union unless one party dies, or marriage is annulled or declared
(characterization). void in special circumstances
 5) cannot be abrogated, amended or terminated by one or both parties at will
6) nature & consequences as well as incidents are governed by law & not subject
to stipulation by parties unlike ordinary contracts
7) violation of marital obligations may give rise to penal or civil sanctions while
breach of conditions of ordinary contract can be ground for an action for
damages
1. Philippine Policy on Marriage and the Family
Art XV. Sec. 2: Marriage as an inviolable social institution, is the foundation of the
family & shall be protected by the state.
Presumption of validity: The Philippines establishes a presumption of validity to give
stability to marriage especially in Conflicts of Law problems.
Art 220. CC. In case of doubt, all presumptions favor the solidarity of the family. Thus
every intendment of law or facts lean toward the validity of marriage, the
indissolubility of marriage bonds, legitimacy of children, the community of property
during marriage…
Goal: Guide courts, strengthen family, & emphasize state interest in its preservation
2. Extrinsic Validity of Marriage
This is governed by lex loci celebrationis.
Extrinsic validity covers questions on formalities or external conduct required of
parties for legally valid marriage.
Art 2. Hague Convention on Celebration & Recognition of Validity of Marriages:
Formal requirements governed by law of state of celebration.
General rule: All states recognize as valid marriages celebrated in foreign countries if
the formalities prescribed there were complied with.
PHILIPPINES, Formal Requirements of Marriage
Art 3. FC sets the ff requirements:
1) Authority of solemnizing officer
2) Valid marriage license except in cases provided in Ch 2 of this title
3) Mariage ceremony w/c takes place w/ the appearance of contracting parties
before the solemnizing officer & their personal declaration that they take each
other as husband & wife in the presence of not less than 2 witnesses of legal
age
Lex Loci Celebrationis (expressed in Art 26 FC):
“All marriages solemnized outside the Philippines in accordance w/ the laws in force
in the country where they were solemnized, and valid there as such, shall also be valid
in this country…”
Apt vs. Apt
(1947)
FACTS: The marriage of the Apts (both Germans) was celebrated in Argentina by
proxy. The wife, a domiciliary of England, filed a petition for the nullification of their
marriage on the ground that proxy marriages are not valid in England. It is, however,
valid in Argentina.
HELD: The marriage is valid. The English law on marriage is locus regis actum. If a
marriage is good by the laws of the country where it is effected, it is good all the world
over, no matter whether the proceeding or ceremony which constituted marriage
according to the law of the place would or would not constitute marriage in the country
of domicile of one or other of the spouses. Since the marriage was performed in Buenos
Aires and in accordance with its laws, and since proxy marriage is only a form of the
ceremony and not an essential requisite, the marriage should be upheld.
Exceptions to Lex Loci celebrationis: The Civil Code (Art 71) enumerates bigamous,
polygamous or incestuous marriages as exceptions to the lex loci celebrationis rule.
The Family Code (Art 26) widens these exceptions.
A foreign marriage although valid in the foreign country where it was entered into will
be void in the Philippines if:
1) either or both parties are below 18
2) it is bigamous or polygamous
3) a subsequent marriage is performed w/out recording in the Civil Registry &
registry of Properties the judgment of annulment or declaration of nullity of
first marriage, the partition o& distribution of the properties of the spouses &
the delivery of presumptive legitimes
4) there was a mistake as to identity of the contracting party
5) one of the contracting parties was psychologically incapacitated to comply
with the essential marital obligations
6) the marriage is incestuous
7) marriage is void by reason of public policy
Note that the exceptions put in issue the parties’ capacity to enter into marrriage, thus,
relating to a substantive requirement.
Since the personal law of the parties governs questions of intrinsic validity of marriages
b/w Filipinos abroad, the above enumerations are exceptions to the lex loci
celebrationis precisely because they are controlled by lex nationalii.
3. Intrinsic Validity of Marriage
Intrinsic requirements refer to capacity or general ability of a person to marry, for
instances defined by requirements of age & parental consent, but it does not refer
clearly to an individual’s being permitted to marry a specific person or person of a
determinate class.
What law controls intrinsic requirements?
The parties’ personal laws—either domicile or nationality.
Municipal laws of each state provides substantive requirements of marriage.
Philippine Law sets the following substantive or essential requisites:
1) Legal capacity: must be 18 years of age & not barred by any impediment to
marry each other
2) Consent freely given: in the presence of an authorized solemnizing officer
Matrimonial consent: Parties are, at least, not ignorant that the marriage is a permanent
union.
Mixed marriages: the law that governs substantive validity is national law of parties.
Art 38. FC.: Though valid in a foreign country certain marriages may be void in the
Philippines on grounds of public policy, such as the ff:
1) b/w collateral blood relatives, whether legitimate or illegitimate up to the 4 th
civil degree
2) b/w step-parents & stepchildren
3) b/w parents-in-law & children-in-law
4) b/w adopting parent & adopted child
5) b/w surviving spouse of adopting parent & adopted child
6) b/w surviving spouse of adopted child & adopter
7) b/w adopted child & legitimate child of adopter
8) b/w adopted children of same adopter
9) b/w parties where one, w/ intention to marry the other, killed the person’s
spouse or his or her own spouse
Marriages Between First Cousins:
Marriage of 1st cousins is no longer incestuous but still void ab initio on the ground of
public policy.
It is submitted that our prohibition against marriage of 1st cousins be limited only to
Filipino nationals because many countries allow such marriages.
Marriages b/w foreigners whose national laws allow marriage of 1st cousins should be
considered as valid in the Phil under the principle that the lex nationalii controls
capacity & presumption in favor of validity of marriage, as expressed in Art 220.
Hague Convention on validity of Marriages allows a contracting state to refuse
recognition of the marriage if:
1) one of spouses was already married (unless marriage has subsequently become
valid by virtue of dissolution or annulment of previous marriage)
2) spouses were related to one another by blood or by adoption, in the direct line
or as brother or sister
3) one of spouses had not attained the minimum age required for marriage nor
acquired the necessary dispensation
4) one of the spouses did not have the mental capacity to consent
5) one of the spouses did not freely consent to the marriage
Sottomayor vs. de Barros
(1877)
FACTS: Sottomayor and de Barros are both Portuguese and first cousins. Under
Portuguese law they are incapable of contracting marriage. They were married in
London. Sottomayor filed a petition to have the marriage declared invalid.
HELD: The marriage is invalid. The law of a country where marriage is solemnized
must decide all questions relating to the validity of the ceremony by which the marriage
is alleged to have been constituted; but as regards questions on personal capacity, it
must depend on the law of the domicile, and if the laws of any country prohibit its
subjects within certain degrees of consanguinity from contracting marriage and treats
such as incestuous, this imposes on the subjects a personal incapacity which continues
to affect them so long as they are domiciled in said country and renders such marriage
invalid wherever it may have been solemnized.
In re May’s Estate
(1920)
FACTS: Fannie is Sam’s niece by half blood; they are both Jewish and NY residents.
NY prohibits marriage between uncle and niece, so they went to Rhode Island, where
such marriage is also prohibited except where the parties are Jewish (the Jewish faith
allow such marriages). After the ceremony they went back to NY to live there.
HELD: The marriage is valid. The legality of a marriage between persons sui juris is
to be determined by the law of the place where it is celebrated. The general principle
is that the rights dependent upon nuptial contracts are to be determined by the lex loci,
subject to 2 exceptions: 1) cases within the prohibition of positive law, and 2) cases
involving polygamy or incest in a degree regarded generally as within the prohibition
of natural law. As to the first exception, there is no “positive law” in New York which
serves to interdict the marriage in Rhode Island of Sam and Fannie, and as to the second
exception, their marriage was not offensive to the public sense of morality, it being
allowed by the Jewish faith.
Instances Where Recognition of Validity of Marriage May be Withheld:
Christianity prohibits polygamous & incestuous marriages but care must be taken to
confine doctrine to cases deemed incestuous by general consent of all Christendom.
The state may resort to ultimate escape device- contravention of a public policy to
w/hold recognition of validity of a foreign marriage.
Rule: Marriages manifestly incompatible with the ordre public of the state of
nationality of parties may be refused recognition.
However, commentators argue that when the non/existence of marriage is merely a
preliminary Q arising incidentally in a case involving an issue not profaning mores of
forum (such as tax, property or succession law) the rule above should not be applied.
In ReDalip Singh: two women claimed that they were lawfully wedded wives of Singh,
a native of India who died intestate in California. They claim to have been lawfully
married to him in India over 50 yrs ago while domiciled there in accordance w/ law of
the Jat community.
Under California laws, only 1st wife recognized as legal widow. Wives argue that the
polygamous marriages should be held valid on strength of Art 63 CC: “All marriages
contracted w//out the state, w/c would be valid by the laws of the country in w/c the
same were contracted are valid in this state”.
Court, citing English & American cases: Polygamous marriages can be recognized in
English law “so as to confer on the ‘wives’ the status of a wife for the purposes of Sec.
10 of British Nationality & Status of Aliens Act or for purposes of succession, & upon
the children the status of legitimacy.
Marriages Celebrated by a Consular Official
Art. 9 of the relevant Hague convention: Marriage celebrated by a diplomatic agent or
consular official in accordance with his state law shall be considered valid as long as
it is not prohibited by the state of celebration
Philippine law: Marriage of Filipino nationals shall be officiated by Philippine consul
general, consul or vice consul (in w/c case the formal & extrinsic requirements of a
valid marriage license & due publication & registration under Philippine law have to
be complied with).
This is said to apply to marriage b/w Filipino national & an alien provided the alien
complies with marriage requisites under his/her national law.
Additional requirements for:
1) aliens - submission of a certificate of legal capacity to contract marriage issued
by diplomatic/consular office
2) stateless persons or refugees- submission of affidavit stating circumstances
showing legal capacity to contract marriage
4. Effects of Marriage
Personal Relations between the Spouses
These include mutual support, fidelity, respect, cohabitation & right of wife to use
husband’s family name)
What is the governing law? National law of parties
If spouses are of different nationalities, generally, the husband’s national law may
prevail as long as it is not contrary to law, customs, & good morals of the forum.
Art 69 Family Code: Husband & wife have the right to fix family domicile.
 Court, for compelling reasons, may exempt spouse from living with the other.
Djumantan vs. Domingo: Filipino marries Indonesian. They go to Philippines w/
intention of staying here permanently. Subject of petition: Effect of marriage on wife’s
right to stay in the Philippines.
There is no law guaranteeing aliens married to Filipino citizens the right to be admitted,
much less to be given permanent residency, in the Philippines.
“The fact of marriage by an alien to a citizen does not withdraw her from operation of
immigration laws governing admission & exclusion of aliens. Marriage of an alien
woman to Filipino citizen does not ipso facto make her a Filipino citizen & does not
excuse her from her failure to depart from the country upon expiration of her extended
stay here as alien”.
Restatement 2nd: The wife who lives w/ her husband has the same domicile as his
unless special circumstances of wife make such result unreasonable.
But, in Ch VIII on Domicile, some legal authorities consider the assignment of
constructive domicile to the wife as invidious discrimination on basis of gender.
Property Relations of Spouses
Hague Conventions on law Applicable to Matrimonial Property: The internal law
designated by spouses before marriage or in absence thereof the internal law of state
in w/c both spouses fix their habitual residence is the governing law on matrimonial
property regimes.

Art 80. Family Code: In the absence of a contrary stipulation in a marriage settlement,
property relations of spouses shall be governed by Philippine laws, regardless of the
place of the celebration of the marriage & their residence.
This rule shall not apply:
1) If both spouses are aliens
2) With respect to the extrinsic validity of contracts affecting property not situated
in the Philippines & executed in the country where the property is located
3) With respect to the extrinsic validity of contracts entered into in the Phil but
affecting property situated in a foreign country whose laws require different
formalities for its extrinsic validity
Art 80 generally follows lex rei sitae.
What law will govern the property relations of spouses where one is a Filipino citizen
7 the other a foreigner? It would still be governed by Philippine law.
Change of nationality after Marriage
If one or both spouses change nationality subsequent to marriage, property regime
remains unchanged because of principle of immutability.
Hague Convention on Matrimonial Property Regimes. Art 7: The applicable law
continues notwithstanding any change of their nationality or habitual residence.
extrinsic validity: refers to formal requisites, apply lex loci celebrationis
intrinsic validity: refers to essential requisites, apply personal law of the parties
 In Adong and Wong Woo Yu, the Court did not apply the Philippine policy of
presumption of validity of marriage.
 Question: is a proxy marriage between Filipinos in a state allowing such
marriages valid? Pangalangan: Yes, because it is merely a formal requisite (lex
loci celebrationis apply)
________________
B. Divorce and Separation
Divorce: Absolute or Limited
Absolute: termination of legal relationship b/w spouses by an act of law.
Limited: (Legal separation) separation form bed & board w/c does not effect the
dissolution of marital ties. But it modifies the incidents of marriage by relieving
spouses of duty of living w// each other.
This does not necessarily affect economic rights & duties since the court may order
one to provide for support. For such purpose, it is essential that court has JD over
respondent spouse & the property sought to be affected by decree.
Local law governs legal consequences of divorce of spouses, nationals of same
country, who marry, are domiciled & divorce.
If any of above factors connected to another state… conflicts problem arises.
Divorce jurisdiction:
Basis of JD of some countries: Domicile of one of the parties or matrimonial domicile
Ratio: Divorce, being a matter of state concern, should be controlled by “law of place
w/ w/c person is most intimately concerned, place where he dwells.
Due process requires that forum court have a substantive contact w/ the relationship
w/c it will decide won to dissolve.
Hague Convention Relating to Divorce & Separation: The granting of divorce or
separation must comply w/ the national law of spouses & the law of the place where
the application for divorce is made.
Some laws in PRiL have made
1) the right to separation or divorce depend on the national law of the spouses &
2) grounds for divorce subject to law of forum
provided the parties were domiciled there.
Grounds for divorce are dictated by lex fori. Thus, many states refuse to recognize
foreign grounds for divorce unless it corresponds w/ a ground justified by forum law.
This is followed whether the traditional or policy centered choice of law approach is
used.
1. Divorce decrees obtained by Filipinos
Divorce decrees obtained abroad have no validity, not recognized in Philippine
jurisdiction.
BUT a marriage b/w a Filipino & a foreigner is susceptible to divorce if the divorce
was validly obtained by the alien spouse (Art 26 par 2).
Effects:
1. alien is capacitated to remarry
2. Filipino spouse shall likewise have the capacity to remarry under Philippine
law
Effect of Provision (Art 26): partial recognition in the Phil of absolute divorce.
o note: Divorce should be obtained only by alien spouse. Otherwise, Art 26 is
inapplicable.
o Provision is to remedy the uneven status of Filipino nationals whose alien
spouses obtained divorce abroad & remarried while the Filipino spouse
remained married to them in eyes of Philippine law.
Tenchavez vs. Escaño
(1965)
FACTS: Vicenta and Pastor were married without the knowledge of her parents.
Vicenta went to the US to obtain a divorce, which was granted by the Nevada Court;
she married an American and subsequently acquired American citizenship. Pastor sued
Vicenta for legal separation and damages. Vicenta’s defense is that there was a valid
divorce issued by the Nevada court.
HELD: The divorce decree obtained in the US is not valid, because at the time it was
issued, Vicenta, like Pastor, was still a Filipino citizen. She was then subject to
Philippine law. Philippine law cannot recognize a foreign decree of absolute divorce
between Filipino citizens, for this would violate declared public policy.
Van Dorn vs. Romillo
(1985)
FACTS: Van Dorn, a Filipina, married American Upton. Ten years later they were
divorced in the US; subsequently, van Dorn remarried. Upton filed an action against
Van Dorn in the Philippines, asking for an accounting of certain alleged conjugal
properties.
HELD: The divorce decree is valid and binding upon Upton. Even if divorce is not
valid in the Philippines for being contrary to public policy, only Philippine nationals
are covered by the policy against absolute divorces. Aliens may obtain divorces abroad,
which may be recognized in the Philippines provided valid according to their national
law.
Pilapil vs. Ibay Somera
(1989)
FACTS: Pilapil and Geiling were married in Germany, but were later divorced. A few
months later, Geiling filed a complaint for adultery which was dismissed; it was refiled
by the fiscal.
HELD: Geiling has no legal standing to commence the adultery case because the
person who initiates the adultery case must be an offended spouse, meaning he must
still be married to the accused spouse at the time of the filing of the complaint. Because
of the divorce decree, Geiling is no longer the husband of Pilapil; hence he had no more
legal standing to commence the adultery case (no longer an offended “spouse”).
Quita vs. Court of Appeals
(1998)
FACTS: Quita and Padlan were married in the Philippines, but Quita filed for divorce
in California which was granted. She remarried twice after the divorce. Upon Padlan’s
death, Quita made claims upon his estate as the surviving spouse and heir of Padlan,
alleging that since Padlan was a Filipino citizen, he remained married to her in spite of
the divorce decree.
HELD: Quita’s right to inherit from Padlan depends on her citizenship at the time the
divorce was decreed. If she was no longer a Filipino citizen at the time of their divorce,
the divorce would be valid as to her and will be recognized in the Philippines, and she
would lose her right to inherit.
 Tenchavez: 2 Filipinos, divorced abroad – not recognized in the Philippines
(Art. 15 CC, nationality principle)
 Van Dorn: 1 Filipino, 1 foreigner, divorced abroad – recognized (Art. 15 CC,
estoppel)
 Pilapil: 1 Filipino, 1 foreigner – recognized (nationality principle)
________________
2. Validity of Foreign Divorce between Foreigners
Hague Convention on Recognition of Divorce & Legal Separation:
A foreign divorce will be recognized in all contracting states if at the date of institution
of proceedings:
a) Respondent or petitioner had his habitual residence there, or
b) Both spouses were nationals of this state, or
c) If only the petitioner was a national, he should have his habitual residence there
US Full Faith & Credit Clause of Constitution: A sister state has the duty to recognize
a divorce pronounced in a sister state, when both spouses are domiciled there.
If only the plaintiff is domiciled there: Other conditions (i.e. service of process to
defendant) must be fulfilled
Effect of Divorce Rendered by a Foreign Country: not covered by Full faith & credit
clause
o but would be recognized under the same circumstance that a sister state’s
divorce decree is given recognition.
paramount consideration: jurisdiction of foreign court based on parties’ domicile.
Philippine Law on Recognition of Foreign Divorce Decree: No provision on
recognition of divorce decree b/w non-Filipinos;
o but such will be recognized under international comity, provided it does not
violate a strongly held policy of the Philippines
C. Annulment and Declaration of Nullity
Effect: Affects status & domestic relations of parties.
Distinction from Divorce
Divorce Annulment and Nullity
The ground occurs after marriage Based on defects present at time of
celebration celebration
Grounds for Annulment & Nullity:
o States w/ traditional choice-of-law approach: follow the lex loci celebrationis
o States w/ policy-centered approach: follow the law of state of marital domicile
(considered to have the most significant interest in status of persons)
In both approaches, lex fori (which is crucial in divorce) does not play substantial role
because the action turns on the validity of the marriage.
Note that in either traditional or policy-centered approaches, lex fori is not used;
recall that lex fori can be used in divorce.
Both lex loci celebrationis and law of marital domicile can provide jurisdictional basis,
but only one can be a choice-of-law in the determination of the annulment decree.
Which states can claim adequate jurisdictional basis to hear a conflicts annulment or
nullity case?
a) state where marriage was celebrated
b) place of marital domicile
Wheaton vs. Wheaton: Even a court which acquires personal JD over parties can grant
an annulment case (US case).
Sample conflicts Annulment Case
o M&F, domiciliaries of STATE A, both 18 years old
o marry in STATE B w/out knowledge of their parents
o suit for annulment was brought in STATE C (place of M’s residence)
State C can exercise JD over the case but what is the governing law?
 Traditional choice-of-Law rules: will find sufficient ground for the challenge
If the lex loci celebrationis
(STATE B) requires parental consent for a valid marriage
 Most Significant Relationship Approach: will not yield a ground for annulment.
State C can conclude that since law of STATE A (state of marital domicile) gives
people their age full capacity to marry, no ground for annulment
The Choice of Law rule of STATE C will be irrelevant
D. Parental Relations
What law determines legitimacy of a child? Personal law of parents - either domicile
or nationality.
Most countries: father’s personal law
German law: law of head of family
Law on parental relations include:
o Paternity
o Filiation
What law governs legitimacy of child in the Philippines? National law of the parents.
If parents are of different nationality: national law of father is controlling.
In the PHILIPPINES:
E. Adoption
o Personal law of the child is the national law of the father if the child is
legitimate or legitimated. Definition: The act by which relations of paternity & affiliation as legally existing b/w
persons not so related by nature.
o Personal law of the child is the national law of the mother if the child is
illegitimate. It is a judicial act w/c creates b/w 2 persons a relationship similar to that w/c results
from legitimate paternity & affiliation.
o Legitimacy of the child determined by the national law of the father if both
parents are not Filipino. Early societies considered it as a means of perpetuating a house or cult threatened by
extinction.
In the UNITED STATES:
as per Second Restatement On Legitimacy of the American Law Institute Original purpose: solace for childless or people who lost children

o Child is legitimate if this is his status under the local law where the parent is Recent time: broader, more humane aim
domiciled when the child’s legitimacy is claimed OR when the parent
acknowledged the child as his own. Social & moral purpose: extend protection of society (in the person of adopter) to the
orphan.
Parental Authority over the Child Thus, persons eligible to adopt expanded
-from concept of patria potestas of Roman law
What law governs? lex domicilii
What law controls? Father’s personal law controls rights & duties of parents &
The adoption process affects status of parties, necessarily governed by lex domicilii.
children.
What if prospective adoptive parent is domiciled in one state & the child is domiciled
o Art. 211 FC: Reference to father’s personal law may result in joint exercise of
in another? Twin problems of jurisdiction and choice-of-law.
parental authority
o Art. 176 FC: Personal law could grant parental authority to mother of
o If the main object of adoption is the welfare of the child, the personal law of
illegitimate children
the child is the best choice-of-law to govern his rights
Scope of Parental Authority:
o But the personal law of the child cannot be successfully used to invoke
jurisdiction if his domicile is merely constructive or if he is a citizen of a state
1) care & rearing
but he doesn’t reside there.
2) action a parent may file against another for child custody
Child’s personal law as basis for exercise of jurisdiction weakened in situations where
child’s domicile is:
3) requirements for parental consent of child’s marriage
o merely constructive, or
 o if he is a citizen of a state but he doesn’t reside there (there is little basis for Before this, adoption of Filipino children by foreigners was done pursuant to Rules &
court to protect child interest competently) Regulations on Foreign Adoption & bilateral agreements.

The continuous movement of people in & out of countries should also be factored in. RA 8043 regulate the adoption of Filipino children by
o aliens, or
Can an alien adopt a child in the Philippines? o Filipino citizens permanently residing abroad.
General Rule: not allowed
Reason: Different family orientation, cultures, customs & traditions could pose RA 8043 was passed in compliance with our treaty obligation as a signatory to the
problems of adaptation for child. Hague Convention on Protection of Children & Cooperation In Respect of Intercountry
Adoption.
Exceptions:
o Art 184. Aliens who have some relationship with the child by consanguinity Convention pursues modern concept of adoption: After possibilities of adoption for
or affinity placement of child within state of origin have been exhausted, intercountry adoptions
may be placed in the best interest of the child.
o RA 8552 (Domestic Adoption Act Of 1998)

These two introduced significant changes in adoption law. Republic of the Philippines vs. CA
(1993)
Change Pertinent to Conflict Law FACTS: Hughes is married to Lenita, a Filipina who was later naturalized as an
American citizen. They filed a petition to adopt the 3 nephews and niece of Lenita,
1) Aliens who have resided in the Philippines for 3 years prior to the date of filing which was granted.
the application for adoption, and maintains residency until decree of adoption
is granted QUALIFIED TO ADOPT HELD: Hughes is not qualified to adopt since he does not fall under the exceptions in
Art. 184 of the Family Code. While Lenita, as a former Filipino, is qualified to adopt
under that provision, the adoption decree still cannot be granted because of the
2) Other requirements: requirement in Art. 185 that spouses must jointly adopt. They cannot do this in CAB
a) certification of legal capacity because Hughes is not qualified under the law.
b) certification that the State law would allow entry of the adoptee as an
adopted child of the adopter.
Effects Of Adoption
These other requirements may be waived if the adoptee is related by consanguinity or
affinity to the What law governs rights of adopted child & other effects of legal adption? (law that
o adopter, or governed the creation of adoption)
o his/ her spouse as specified by law.
2 different legal orders depending on which law governed the creation of adoption:
RA 8043:
1) If Personal law of adopter applied—same law governs effects of adoption.
 2) If personal law of child applied—such law will cease to regulate the resulting
parent-child relations; it will yield to the personal law of adopting parents.

Philippine courts:
o Adoption relates to a civil rights of adopted child
o Does not effect changes in political rights, including eligibility to acquire
adopter’s citizenship

In the Philippines, principles of enforcement & recognition of a foreign judgment

governs, because the decree granting an adoption is in the form of a foreign judgment.