CONFLICT OF LAWS

CHOICE OF LAW IN FAMILY RELATIONS

Philippine Policy on
Marriage and Family
Article XV, Section 2 of the Constitution

Marriage, as an inviolable social institution, is the foundation of

the family and shall be protected by the State.
Art. 220, Civil Code

In case of doubt, all presumptions favor the solidarity of the

family. Thus, every intendment of law or facts leans toward the
validity of marriage, the indissolubility of the marriage bonds,
the legitimacy of children, the community of property during
marriage, the authority of parents over their children, and the
validity of defense for any member of the family in case of
unlawful aggression.
Extrinsic Validity of Marriage
 Law of the place of celebration
 Article 2 of the Hague Convention on Celebration and
Recognition of the Validity of Marriage

 APT v. APT

 Art. 26. of the Family Code: 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:
 Article 35 (1) – marriage between minors even with consent of
parents

 Article 35(4) – bigamous or polygamous marriages (except those

under Article 41)

 Article 35 (5) – contracted with mistake as to the identity of the

contracting party

 Article 35 (6) – subsequent marriage without registering decree of

nullity of former marriage with the civil registry

 Article 36 – psychological incapacity

 Article 37 and Article 38 - incestuous marriages

Art. 3. The formal requisites of marriage are:
(1) Authority of the solemnizing officer;
(2) A valid marriage license except in the cases
provided for by law; and
(3) A marriage ceremony

 ADONG V. CHEONG SENG GEE

 PEOPLE V. MORA DUMPO
 WONG WOO YIU V. VIVO
Intrinsic Validity of Marriage
 Capacity to marry
 Consent
 Public policy of the State

 Incestuous marriages
 Marriage between 1st cousins = against public policy
 In other countries = acceptable
 Canon law allows 1st cousins to marry upon securing
dispensation to marry
 Hague Convention on the Validity of Marriages allows a
contracting State to refuse recognition of a marriage if:
 One spouse was already married
 Spouses are related to one another by blood or adoption
 Had not obtained the minimum age or acquired the necessary
dispensation
 Lack of mental capacity
 Did not freely consent to the marriage

 SOTTOMAYOR V. DE BARROS
 IN RE MAY’S ESTATE
Effects of Marriage
 Personal Relations of the Spouses
 Article 69, FC – joint right to fix the domicile
 DJUMATAN V. DOMINGO – right of an alien spouse of a Filipino
to permanently reside in the Philippines lies not in the fact of
marriage but in compliance with immigration laws

 Property Relations of Spouses

 Hague Convention on the Law Applicable to Matrimonial Property
Regimes
 Internal law designated by the spouses before the marriage or in the
absence thereof in the state where both spouses fix their 1st habitual
residence
 Article 80 of the Family Code
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.
DIVORCE AND SEPARATION
 Divorce may be absolute or limited

 Court granting a divorce must have personal jurisdiction over

the spouses and over the property that it seeks to affect by its
decree.

 Hague Convention Relating to Divorce and Separation of

1902 – grant of divorce or separation must comply with the
national law of the spouses and the law of the place where
the application for divorce is made.
DIVORCE DECREES OBTAINED
BY FILIPINOS ABROAD
 TENCHAVEZ V. ESCANO

 VAN DORN V. ROMILLO

 PILAPIL V. IBAY-SOMERA

 QUITA V. COURT OF APPEALS

Other Cases of Note:
 REPUBLIC V. IYOY

 REPUBLIC V. ORBECIDO – a Filipino (whose Filipina wife

obtained a divorce in the US after acquiring US citizenship)
was allowed to have the divorce decree recognized in the
Philippines

 SAN LUIS V. SAGALONGOS

 CORPUZ V. STO. TOMAS (2010) – Standing of foreign

spouse to have divorce decree recognized in the Philippines
VALIDITY OF FOREIGN DIVORCE
BETWEEN FOREIGNERS
 Hague Convention on the Recognition of Divorce and Legal
Separation
 Foreign divorce will be recognized in all contracting states if at
the date of the institution of the proceedings:
 Respondent or petitioner is a habitual resident or
 Both spouses were nationals of that state or
 If only the petitioner is a national, he should have his habitual residence
there

 No law requires Philippine courts to recognize a foreign

divorce between foreigners but it would be recognized under
the principle of comity if not against public policy.
ANNULMENT AND
DECLARATION OF NULLITY
 ANNULMENT / NULLITY – grounds already exist at the time
of the celebration of the marriage

 Two approaches on the grounds that may be invoked:

 Follow law of the place of celebration of the marriage
 Follow the law of marital domicile

BEUMER v. AMORES
PARENTAL RELATIONS
 Legitimacy
 Depends on the personal law of the father
 Family Code Articles 163 to 165

 Restatement Second:
 Section 287
 Local law of the state where either (a) the parent was domiciled
when the child’s status of legitimacy is claimed to have been
created or (b) where the child was domiciled when the parent
acknowledge the child
 Section 288 – incidents of legitimacy created under foreign
law will be determined under same principles as Section 287

 Parental Authority
 Patria potestas – personal law of the father controls the rights
and duties of parents and their children

 Includes care and rearing of children, custody, discipline and

chatisement
ADOPTION
 Legal/Judicial act that creates a relationship similar to
legitimate paternity and filiation

 Governed by the personal law of the child

 RA 8552 – Domestic Adoption Act of 1998

 Applied to adoption by foreigners who have resided at least 3
consecutive years in the PHL
 Certification of legal capacity to adopt and allowance of entry of
adoptee into the adopter’s country
 RA 8043 – Inter-Country Adoption Act in compliance with the
Hague Convention on the Protection of Children and
Cooperation in Respect of Inter-Country Adoption
 Governs adoptions by foreigners ad Filipinos permanently
residing abroad

 REPUBLIC V. COURT OF APPEALS

 Effects of Adoption
 UGGI LINDAMAND THERKELSEN v. REPUBLIC
 NG HIAN V. COLLECTOR OF CUSTOMS