CONFLICT RULES Article 15.
LAWS RELATING TO FAMILY
Article 14. PENAL LAWS AND THOSE OF
PUBLIC SECURITY AND SAFETY SHALL BE
OBLIGATORY UPON ALL WHO LIVE OR
SOJOURN IN PHILIPPINE TERRITORY,
SUBJECT TO THE PRINCIPLES OF PUBLIC
INTERNATIONAL LAW AND TO TREATY
STIPULATIONS.
Theories of Territoriality and Generality
Theory of territoriality - any
offense committed within our territory
offends the state.
Therefore any person, whether
citizen or alien, can be punished for
committing a crime here.
Thus, the technical term generality
came into being; it means that even
aliens, male or female come under our
territorial jurisdiction. This is because
aliens owe some sort of allegiance even if
it be temporary.
Exceptions:
1. Firstly, the principles of public
international law.
Ex. Immunities granted to diplomatic
officials and visiting heads of states, provided
the latter do not travel incognito. If they travel
incognito but with the knowledge of our
government officials, heads of states are
entitled to immunity.
If the incognito travel is without the
knowledge or permission of our country,
diplomatic immunity cannot be insisted upon,
and the heads of states traveling may be
arrested. However, once they reveal their
identity, immunity is given.
2. Secondly, the presence of treaty
stipulations.
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” Defined
- includes personal qualities and relations,
more or less permanent in nature, and not
ordinarily terminable at his own will, such
as being married or not, or his being
legitimate or illegitimate.
- the sum total of a person’s rights,
duties, and capacities.
Does Article 15 apply to Filipinos merely?
Answer:
1. YES - insofar as Philippine laws are
concerned. A Filipino husband is still a
husband, under our law, wherever he may
be or may go.
2. NO - in the sense that nationals of
other countries are also considered by us
as being governed in matters of status,
etc., by their own national law.
Capacity to Enter into Ordinary Contract
- is governed by the national law of
the person, and not by the law of the
place where the contract was entered into.
(lex loci celebrationis)
Capacity Under the Code of Commerce
Article 15 of the Code of Commerce
says that “foreigners and companies
created abroad may engage in commerce
in the Philippines subject to the laws of
their country with respect to their capacity
to contract.”
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Capacity to Enter into Other Relations
- is not necessarily governed by
the national law of the person concerned.
Thus:
1. to acquire, encumber, assign, donate or
sell property depends on the law of the
place where the property is situated (lex
situs or lex rei sitae).
2. Capacity to inherit depends not on the
national law of the heir, but on the
national law of the decedent.
3. Capacity to get married depends not on
the national law of the parties, but on the
law of the place where the marriage was
entered into (lex loci celebrationis or locus
regit actum), subject to certain
exceptions.
Article 16. REAL PROPERTY AS WELL AS
PERSONAL PROPERTY IS SUBJECT TO THE
LAW OF THE COUNTRY WHERE IT IS
SITUATED.
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.
Note: With regards to income tax, under our
present laws, only corporate income derived
from Philippine sources may be taxed in our
country. Thus, sales of shares of the capital
stock of the Pampanga Sugar Mills which was
negotiated, perfected, and consummated in
San Francisco, California may not be imposed
income tax sales from our Government.
Exception to the Lex Situs Rule
One important exception to this
rule occurs in the case of successional
rights.
Thus, the following matters are
governed, not by the lex situs, but by the
national law of the deceased.
1. Order of succession
2. Amount of successional rights.
(This refers to the amount of property
that each heir is legally entitled to inherit from
the estate available for distribution).
3. Intrinsic validity of the provisions
of a will.
Ex. Whether a disinheritance has
properly been made or not
Whether a testamentary
disposition can be given effect or not
4. Capacity to succeed
Defect of Article 16, Paragraph 2
(Successional Rights)
If a Filipino dies leaving lands in
China, should the inventory of his estate
required by our courts include the lands in
China?
Answer: The conventional answer
is “Yes” because we have to know the
total value of his estate for eventual
distribution to his heirs. As a matter of
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fact, under Article 16, paragraph 2, it is
our law that should govern their
WHEN THE ACTS REFERRED TO ARE
disposition. This answer would be all right,
EXECUTED BEFORE THE DIPLOMATIC OR
provided that Chinese courts would
CONSULAR OFFICIALS OF THE REPUBLIC
respect the decisions of our courts. But
OF THE PHILIPPINES IN A FOREIGN
what if they do not? It should be observed
COUNTY, THE SOLEMNITIES
that we can hardly do anything about it
ESTABLISHED BY THE PHILIPPINE LAWS
since the lands are in China. The problem
SHALL BE OBSERVED IN THEIR
of possible unenforceability and
EXECUTION.
ineffectiveness is precisely a defect of the
second paragraph of Article 16. To
eliminate the possibility of “no-
jurisdiction,” it is clear that Article 16, PROHIBITIVE LAWS CONCERNING
paragraph 2 can apply only to properties PERSONS, THEIR ACTS OR PROPERTY,
located in the Philippines. AND THOSE WHICH HAVE FOR THEIR
OJECT PUBLIC ORDER, PUBLIC POLICY
AND GOOD CUSTOMS SHALL NOT BE
RENDERED INEFFECTIVE BY LAWS OR
The Renvoi Problem
JUDGMENTS PROMULGATED, OR BY
- literally means a referring back; the DETERMINATIONS OR CONVENTIONS
problem arises when there is doubt as to AGREED UPON IN A FOREIGN COUNTRY.
whether a reference in our law (such as
Article 16 Paragraph 2 of the Civil Code)
to a foreign law (such as the national law
of the deceased)
Doctrine of Lex Loci Celebrationis

- the first paragraph of Article 17 lays

A. Is a reference to the INTERNAL law of
said foreign law; or
B. Is a reference to the WHOLE foreign
law, including its CONFLICT RULES
down this rule. Thus, a contract entered
into by a Filipino in Japan will be governed
by Japanese insofar as form and
solemnities of the contract are concerned.

Formalities for the Acquisition,

In the latter case, if one state
Encumbering, or Alienation of
involved follows the national theory, and
Property
the other, the domiciliary theory, there is
a possibility that the problem may be - formalities for the acquisition,
referred back to the law of the first state. encumbering and alienation of property
(whether real or personal) shall however,
be governed not by the lex loci
celebrationis but by the lex rei sitae.

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.

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Rule of Exterritoriality
Even if the act be done abroad, still
if executed before Philippine diplomatic
and consular officials, the solemnities of
Philippine laws shall be observed.
The theory is that the act is being
done within an extension of Philippine
territory (the principle of exterritoriality).
Rule Respecting Prohibitive Laws (Third
Paragraph)
Examples:
A. A contract for the sale of human flesh
(prostitution) even if valid where made
cannot be given effect in the Philippines.
Article 18. IN MATTERS WHICH ARE
GOVERNED BY THE CODE OF COMMERCE
AND SPECIAL LAWS, THEIR DEFICIENCY
SHALL BE SUPPLIED BY THE PROVISIONS
OF THIS CODE.
Rule in Case of Conflict Between the
Civil Code and Other Laws
- in case of conflict with the Code of
Commerce or special laws, the Civil Code
shall only be suppletory, except if
otherwise provided for under the Civil
Code. In general, therefore, in case of
conflict, the special law prevails over the
Civil Code, which is general in nature.
When the Civil Code is Superior

B. An absolute divorce granted Filipinos There are instances when the Civil Code
abroad even if valid where given cannot expressly declares itself superior to special
be recognized in the Philippines inasmuch laws:
as under the Civil Code, absolute divorce
1. Common Carriers - The Code of
is prohibited.
Commerce supplies the deficiency
C. A U.S. Court allowed a mother living
2. Insolvency - The special laws supply
with a man other than her husband to
the deficiency.
exercise authority over her child with the
lawful husband. It was hed by our
Supreme Court that such a decision
Rule in Statutory Construction
cannot be enforced in the Philippines.
- the general rule is that the special law
governs in case of conflict.
Intrinsic Validity of the Contracts

It should be noted that while the

first paragraph of Article 17 speaks of
forms and solemnities, no mention is
made of the law that should govern the
intrinsic validity of contracts in general.
The prevailing rule is Private International
Law today is to consider the lex loci
voluntatis (the law of the place voluntarily
selected) or the lex loci intentionis (the
law of the place intended by the parties to
the contract).

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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.
NEW CIVIL CODE:
Article 815. When a Filipino is in a foreign country, he
is authorized to make a will in any of the forms
established by the law of the country in which he may
be. Such will may be probated in the Philippines. (n)
Article 816. The will of an alien who is abroad
produces effect in the Philippines if made with the
formalities prescribed by the law of the place in which
he resides, or according to the formalities observed in
his country, or in conformity with those which this
Code prescribes. (n)
Article 817. 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. (n)
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.
(669)
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. (733a)
FAMILY CODE:
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. (17a)
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.
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.