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Part of Municipal Law – refers to how municipalities should apply foreign laws and foreign
elements
Fact
Events
Transactions
In order to fix this dispute, the court will have to determine, which law to apply
Ex. Marriage
Problem: Three Laws can affect the dispute (PH Law, HK Law and Japanese Law)
Art 2. RPC
Art. 14 CC
Art. 15 CC
Art. 16 CC
Art. 17 CC
Art. 2. RPC and its exceptions (Protective Theory in Criminal Law): Ship/Airship (wherever it
is located), Forging/Counterfeiting PH Money (forger whether Filipino or not and wherever the
forging takes place) and introducing it herewith (whoever the person is), Officer or Employee of
the PH and commits an act abroad, Crimes against National Security or the Law of Nations.
(might come out in the exam)
Extent of application of Penal Laws in terms of the person who may be prosecuted except heads
of state etc. and treaty stipulations
Art. 15 CC: Status, Family Rights and Duties, Condition and Legal Capacity binding upon
Filipinos although living abroad. (Filipino citizens are bound by Philippine law).
“The Capacity to enter into an ordinary contract is governed by the national law of the
persons and not by the national law where the contract was entered into.” J. Paras Civil Code
Book 1
General:
When foreigners come here, we follow their laws in terms of their Family Rights and Duties,
Condition and Legal Capacity.
Ex.
Contract with Japanese to “entertain him”, she is 15. She doesn’t go forward with the
performance.
If a person is of legal age in his country but he is not here and yet he enters into a contract
here - he can do so under his law with respect to his status. (Art. 15)
Belar and Edu (<3) are Filipinos and get married in Brazil. Is there marriage valid here in the
PH?
No. because their citizenship is Filipino ergo their marriage cannot be recognized.
--- what if the parties are foreigners? And their national law validates same sex marriage? ---
Divorce was recognized because the applicant for divorce was the Foreigner.
Contracts of Property
Considered to be part of the extrinsic part of the will (Art. 17) ergo the law where
the will is executed.
Ordinary Contract
Contract of Property
Exceptions
1. Succession
You don’t apply Lex Rei Sitae. You apply the second paragraph of Art. 16. (National law of the
decedent).
o Order of Succession
o Amount of successional rights
o Intrinsic validity of the testamentary provisions
2. If the property is incidental what applies is the rules of an ordinary contract therefore
Art. 15
This means that property is not really the main part of the issue.
See Laurel v. Garcia – Sellers did not have the authority to make the sale in the first place.
Exceptions
1. Alienation &
encumbrance of property Lex situs (Article 16 [1])
Exception
Source: https://lawphilreviewer.wordpress.com/2011/12/20/civil-law-conflict-of-laws-memory-aid/
///RPG 2016