PRIVATE INTERNATIONAL LAW 4.
APPLICATION OR NON-APPLICATION OF
i. INTRODUCTION
DEFINITION:
- Part of Municipal Law of the State which
directs its courts and administrative
agencies, when confronted with a legal
problem involving a foreign element,
whether or not they should apply foreign
law or laws.
ELEMENTS:
1. PART OF MUNICIPAL LAW OF THE STATE-
a. While Private international law is
given the appellation of an
international law, it is not in reality
international in character- IT IS
PART OF THE MUNICIPAL LAW.
b. The appellation of “international”
attached to its title is simple because
of the presence of “foreign
element” in the legal issue. (See
element no.3.)
2. THERE IS A DIRECTIVE TO COURTS AND
ADMINISTRATIVE AGENCIES-
a. The courts and the administrative
agencies (quasi judicial bodies that
decide/resolve preliminarily) are the
fora or tribunals tasked to resolve
legal issues/ controversies.
3. THERE IS A LEGAL PROBLEM INVOLVING A
FOREIGN ELEMENT-
a. The presence of a “foreign
element” is what places the legal
problem within the context of
private international law.
b. “Foreign element” must be present
before the matter can be considered
a “conflicts” problem.
c. E.g. Validity of marriage in the
following cases:
- A Filipina married an American in U.S.
- A Filipina married an American in China.
- Two Filipinos married in U.S.
- However, if two Filipinos married in Manila,
the matter will not be a “conflicts” problem
because there is no “foreign element”
involved.
FOREIGN LAW OR FOREIGN LAWS
a. When the courts are confronted
with a “conflicts” problem, the
solution is found in the application
of local law or foreign law.
b. In some instances, the local courts
are left with no discretion but to
apply the local (domestic, municipal
law) law of the forum as when the
foreign law has not been properly
pleaded and proved.
QUESTION:
If the foreign law has been properly pleaded and
proved and the local court applies the foreign law,
does it recognize the superiority of the foreign
state?
- No. Each sovereign state is supreme within
its own limits. It is within its power to
exclude or recognize foreign law. Hence,
when it decides that a foreign law be given
effect in its territory, it is because the
municipal law temporarily abdicates its
supreme authority in favour of the foreign
law which for the time being with
reference to that matter becomes by itself,
its municipal law.
What is the basic cause of “conflicts” problems?
- Multiple governments have separate and
different legal systems. As a results, there
is variance in the decision or resolution of
problems involving the same set of facts.
SOURCES:
1. DIRECT SOURECS- constitutions,
codifications, special laws, treaties and
conventions, judicial decisions,
international customs
UNIFORM INTERNATIONAL CUSTOMS:
a. Lex situs- law of the place where the
property is situated governs every
transaction concerning such property.
(Art. 16, par.1, NCC)- applies to both
real and personal property
b. Lex loci celebrationis- law of the place
of celebration or execution governs all
transactions on formalities and
solemnities except when property is
 involved in which case “lex situs” is
controlling. (Art. 17, par.1, NCC)
c. Lex nationalii- national law is
controlling. (Ex: Art. 16, par.2, NCC- The
national law of the deceased governs
the successional rights to his estate)
d. Lex domicilii- domiciliary law is
controlling.
e. Territoriality- law of the place of the
territory where the crime was
committed has jurisdiction to try the
offense committed subject to
exceptions. (Art.2, RPC)
f. Generality- criminal laws of a country
bind both citizens and aliens in the said
territory subject to exceptions. (Art. 14,
NCC)
2. INDIRECT SOURCES- natural moral law,
works of writers
ii. A. ISSUE OF “JURISDICTION
NOTE: When courts are confronted with a
“conflicts” problem, it becomes an issue of
jurisdiction.
JURISDICTION- is the authority to hear, try and
decide a case and to enforce its judgment.
In Conflict of Laws, it includes enforcement of
judgment in foreign state.
QUESTION:
Since there is a directive to courts and
administrative agencies to resolve the issue,
what must they do if confronted with a
“conflicts” problem?
- If there is no jurisdiction-
 Dismiss the case. Otherwise, all
judgments shall be null considering that
the tribunal acted with grave abuse of
discretion amounting to less or excess
of its jurisdiction.
- If there is jurisdiction-
 Refuse to assume jurisdiction- FORUM
NON CONVENIENS
 Assume jurisdiction-
a. Apply internal law- LEX FORI
b. Apply foreign law- LEX CAUSAE
FORUM NON CONVENIENS
When applicable:
The tribunal has jurisdiction but it may
refuse to assume jurisdiction when:
1. Evidence and witnesses are not readily
available.
2. Court dockets are clogged- adherence to
speedy administration of justice rule.
3. There is forum shopping- the first tribunal
to take cognizance shall have jurisdiction.
4. The local court has no particular interest in
the matter.
5. The case is better tried in other open
courts.
In Manila Hotel Corp. Vs. NLRC G.R. no. 120077
10/13/2000
- The NLRC was an inconvenient forum.
Under the rule of forum non conveniens, a
Philippine court or agency may assume
jurisdiction over the case if it chooses to do
so, provided:
a. That the Philippine court is one to which
the parties may conveniently resort to;
b. That the Philippine court is in a position
to make an intelligent decision as to the
law and facts
c. That the Philippine court has or is likely
to have power to enforce its decision
LEX FORI
When applicable:
1. When the law of the forum expressly
provides that its law shall apply.
2. When foreign law has not been properly
pleaded and proved. (We do not take
judicial notice of foreign laws.)
3. EXCEPTIONS TO COMITY:
When the foreign law is:
a. Contrary to public policy
b. Contrary to public morals (contra bonos
mores)
c. Procedural
d. Criminal
e. Fiscal
f. Will do injustice
g. Against national security
h. When the case involves real or personal
property situated in the forum.
LEX CAUSAE
When applicable: jurisdiction. If the court had no jurisdiction,
said judgment cannot be given effect.
1. When foreign law has been properly
pleaded and proved. EFFECT OF FOREIGN JUDMENT
2. When the cases do not fall under any of the
Section 50, Rules of Court- Effect of Foreign
exceptions to comity.
Judgments-
ii. B. FOREIGN JUDGMENTS In case of judgement against specific thing-
judgment is conclusive upon the title to the thing.
Like foreign law, we cannot take judicial notice of
foreign judgments. The same must be properly In case of judgment against a person- judgment is
pleaded and proved to enforce it in another presumptive evidence of a right as between the
country. A foreign judgment does not of itself have parties and their successors in interest by a
extra-territorial application. It can only be enforced subsequent title.
within the territory of the court issuing it.
iii. NATURE, COMPOSITION AND
Note: The local court may recognize a foreign CHARACTERIZATION OF CONFLICT
judgment but not necessarily enforce it RULES
RECOGNITION VS ENFORCEMENT NATURE OF CONFLICT RULES

RECOGNITION ENFORCEMENT - Conflict rules are the provisions found in

Foreign judgment Foreign judgment is the country’s own law which govern facts
is allowed to be carried out or made
with foreign element.
presented as a effective in
defense in Philippines. INTERNAL RULE VS. CONFLICTS RULE
Philippine courts.
Sense of justice Act of sovereignty - Both are found in the country’s own law.
Does not require Necessitates a
action or
separate action or INTERNAL RULE CONFLICTS RULE
proceeding proceeding to make Governs domestic Governs a problem
the foreign problem with foreign
judgment effective element
May exist without Necessarily carries Directly responds to Indirectly responds
enforcement. with it recognition. problem applying to the problem by
the law indicating whether
internal or foreign
Requisites for recognition and enforcement: law is applied

1. There must be proof of foreign judgment.

2. Judgment must be on civil or commercial
matter.
3. There must be no lack of jurisdiction, no
want of notice, no collusion, no fraud, no
mistake of law or fact.
4. It must not be contrary to public policy.
5. The judgment must be res judicata
Baretto Gonzales vs. Gonzales 58 Phil. 67
To obtain divorce in Reno, spouses had a collusion
for the husband obtained Reno residence.
QUESTION: Can the said divorce decree be given
effect in Philippines?
- No. In view of the collusion and non bona
fide residence, court did not acquire
KINDS OF CONFLICT RULES
1. One sided- indicates when Philippine law is
applied
Ex: Art. 15, CC. Law relating to family
rights, duties, status, condition and legal
capacity are binding upon Filipino citizens
even if living abroad.
2. All-sided- indicates when foreign law is
applied
Ex: Art. 16, CC. Intestate and testamentary
successions as to order of succession and
intrinsic validity shall be regulated by the
national law of the deceased regardless of
the nature of property and wherever it may
be found.
COMPOSITION OF CONFLICT RULES
1. Factual situation-
- set of facts presenting a conflict problem
- raises question
2. Point of contact or connecting factor
- The law of the country where the factual
situation is intimately connected.
-answers the question
Ex: Art 16, CC. Intestate and testamentary
successions as to order of succession and
intrinsic validity shall be regulated by the
national law of the deceased regardless of
the nature of property and wherever it may
be found.
Factual situation- intestate and
testamentary succession as to order of
succession and intrinsic validity
Point of contact-national law of the
decedent
CHARACTERIZATION OF CONFLICT RULES
Characterization- “classification”- the process of
determining under what category a set of facts or
rules fall to enable the forum to select the proper
law. (doctrine of qualification)
STEPS IN CHARACTERIZATION
1. DETERMINATION OF FACTS
- The forum is guided preliminarily by the
law of the forum.
- Ex: intestate succession of a German
residing in Philippines.
2. CHARACTERIZATION OF FACTUAL
SITUATION
- Assigning facts to proper category
- Ex: Succession
3. DETERMINATION OF CONFLICT RULE TO BE
APPLIED
- Determine the precise country that has
most intimate connection with the
facts
- Ex: Succession- national law of the
decedent
4. CHARACTERIZATION OF POINT OF
CONTACT
- In case issues arise regarding the point
of contact
- E.g.: The German became naturalized
Filipino during his lifetime but failed to
comply with certain requisites in
Germany. Hence, he is considered
German in Germany and naturalized
Filipino in Philippines.
- In case of doubt, apply characterization
of the forum.
5. CHARACTERIZATION OF PROBLEM AS
SUBSTANTIVE OR PROCEDURAL
- Procedural matters- governed by the
law of the forum
- Prescription of action/ statute of
limitation-sui generis
- This characterization becomes
irrelevant if there is a “borrowing
statute”- directs state of forum to apply
foreign statute of limitation to claims
based on foreign law. It treats foreign
statute of limitation as one of
substance.
- A” borrowing statute” is a statute under
which one state may borrow a shorter
statute of limitations for a cause of
action arising in another state to
prevent forum shopping. (A party
would resort to forum shopping to find
the longest available period for
prescription.)
- Ex: A and B were involved in a collision
where B suffered injuires/damages. The
collision occurred in state C. B is a
citizen of State D. A is a citizen of State
E. The plaintiff, B, in filing a claim, may
resort to forum shopping and find the
longest prescriptive period. To prevent
this, a state may provide for a
“borrowing statute”. Hence, if State C
has the longest prescriptive period and
State D has the shortest prescriptive
period, State C can apply the law of
State D if it has a “borrowing statute”.
- Ex. Sec. 48, Code of Civil Procedure
“If by the laws of the state or country
where the cause of action arose, the
action is barred, it is also barred in
Philippine Islands.”
LWV Construction Corporation vs. Marcelo V.
Dupo G.R. no. 172342 7/13/2009
As a general rule, a foreign procedural law will not
be applied in the forum. Procedural matters such
as service of process, joinder of actions, period and
requisites for appeal and so forth are governed by
the laws of the forum. This is true even if the action
is based upon a foreign substantive law.
A law on prescription of action is sui generis in
Conflict of Laws in the sense that it may be viewed
either as procedural or substantive, depending on
the characterization given such law.
However, the characterization of a statute into a
procedural or substantive law becomes irrelevant
when the country of the forum has a borrowing
statute. Said statute has the practical effect of
treating the foreign statute of limitation as one of
substance. A borrowing statute directs the state of
the forum to apply the foreign statute of
limitations to the pending claims based on a
foreign law. While there are several kinds of
borrowing statutes, one form provides that an
action barred by the law of the place where it
accrued will not be enforced in the forum even
though the local statute has not run against it.
Section 48 of our Code of Civil Procedure is of this
kind. The Civil Code repealed only those provisions
of the Code of Civil Procedure as to which were
inconsistent with it. There is no provision in the
Civil Code which is inconsistent with or
contradictory to Section 48 of the Code of Civil
Procedure.
will
4. Universally
recognized
E.g. Marriage of A and B
- By their marriage, the State conferred the
status as “married” to A and B, predicated upon
their voluntary act to marry each other. Public
knows of their marriage as the same is
registered. They cannot by their own will
terminate it as filing of annulment is necessary.
They are recognized as married anywhere.
PERSONAL LAW- the law that attaches to an
individual wherever he may go.
Theories:
1. NATIONALITY THEORY- status and capacity
of an individual is governed by the law of
his nationality
2. DOMICILIARY THEORY- status and capacity
of an individual is governed by his domicile
3. SITUS THEORY- situs of event or transaction
is the controlling law
NATIONALITY THEORY

6. PLEADING AND PROVING OF FOREIGN Importance of national law: nationality or domicile

LAW connects a person to the state.
7. APPLICATION OF FOREIGN LAW
NATIONALITY CITIZENSHIP
-membership in an - membership in a
iv. STATUS VS. CAPACITY
ethnic, social, racial, political society
STATUS CAPACITY cultural group
Place of an individual Part of status, sum total - include not only
in a society, consists of a person’s rights and citizens but those who
of personal qualities obligations owe allegiance including
and permanent all inhabitants
relationships with - a state may have
which the several nationals
community and the Note: In Conflict of Laws, they are used
state are concerned interchangeably.
Characteristics: Kinds:
1. Conferred by 1. Active (capacity Kinds of citizens:
state to act)
1. Natural born- citizens from birth (where
(predicated - Power to act
born or parent’s nationality)
upon with legal
voluntary effects 2. Naturalized- citizens through judicial
act) 2. Passive (juridical proceedings- direct naturalization (judicial,
2. Matter of capacity) legislative, administrative), derivative
public or - Fitness to be naturalization
social subject of 3. Citizens by election- by electing Phil.
interest legal
Citizenship at age 21 or within reasonable
3. Cannot be relations
terminated at time thereafter
Determining citizenship:
1. Jus soli- place (NA in Phil)
2. Jus sanguinis-ancestry (ff in Phil) Roa vs.
Collector of Customs 13 Phil 321.
Some legal provisions wherein the national law is
the controlling law:
Art. 15, 16, 1039, NCC, Art 21, FC
Issue on nationality
A. Dual, multiple nationalities:
- When there is combined application of jus
soli and jus sanguinis- born of Filipino
parents (jus sanguinis)- Filipino and born in
U.S. (jus soli)- American
- Failure to comply with certain requisite
- Legislative act of state
- Voluntary act of individual
Problem: What national law must be applied in the
case of multiple or dual nationals?
Rules:
1. If one of the recognized nationality is
Filipino, apply Phil law since we regard him
as Filipino
2. If not Filipino, national in his domicile,
apply the law of which he is both a national
and domicile.
3. If not a Filipino and not a national in his
domicile, apply either of the national law.
In case of conflict, refer to law of domicile.
E.g:
1. Filipino-Chinese died in France leaving
properties in Phil- Since he is also a Filipino,
apply Phil law.
2. Chinese-Japanese whose domicile is in
China died in Manila leaving properties in
Phil- Since he is not a Filipino but a national
in his domicile (China), apply Chinese law.-
“theory of effective nationality”
3. Chinese-Japanese whose domicile is in
France died in Manila leaving properties in
Phil- Since he is not a Filipino and not a
national in his domicile, apply either
Chinese or Japanese law and in case of
conflict, refer to French law.
Note: in the point of view of the third state, he
shall be treated as having one nationality only-
one where he is a habitual resident or one
where he appears to be most closely
connected.
B. Stateless:
- Deprived by cause such as commission of a
crime
- Renunciation of nationality
- Voluntary release
- Non-application of both jus soli and jus
sanguinis- born of American Parents (jus
soli) and born in Phil (jus sanguinis)
Problem: What is their personal law?
Hague Conference of 1928 on International
Private Law- law of domicile and secondarily, law
of temporary residence
E.g: Stateless person whose domicile is in
Philippines died in Manila leaving properties in
Philippines- apply law of domicile- Philippine law.
Note: there is no independent action for judicial
declaration of citizenship of an individual. E.g.
Petition for correction of entry where an
illegitimate child of a Filipino mother and Chinese
father was registered as Chinese. (In Re: Petition
for Correction of Entry of Certificate of Birth of
minor, Chua Tan Chuan L-25439, March 28, 1969)
Exception: Lorenzo Lim vs. Juana Lim Alvarez vs.
Dela Rosa, L-17790, March 31, 1964 - petition for
injunction where the petitioners are being
compelled to register as aliens
DERIVATIVE NATURALIZATION
A. Filipino woman married to foreigner:
Before 1973- if woman acquired husband’s
nationality, she lost Fil. Citizenship.
If she became a widow before the effectivity of
Comm. Act 63 (Oct. 21, 1963 )- she immediately
reacquires Phil. Citizenship. If on or after Oct. 21,
1963- repatriation is necessary.
If woman repatriates, it does not carry
repatriation of minor as the minor was never a
Filipino previously.
Under 1973- woman retains Fil. Citizenship unless
renounced by act or omission
Under 1987- same
B. Foreign woman married to Filipino:
BURCA RULING- L-24252, Jan. 30, 1967 - An alien Born after naturalization
woman who marries a Filipino citizen, does not,
a. born in Philippines- Filipino
by the mere fact of marriage, automatically
becomes a Filipino citizen. Petition for citizenship b. born outside- Filipino unless within one
or naturalization is necessary. year upon reaching majority he fails to register as
a Filipino
Moy ya Lim Yao vs. Comm of Immigration , G.R. No.
L-21289 41 SCRA 292- An alien woman marrying a If children are already of age at the time of
Filipino citizen becomes ipso facto a Filipina naturalization they are not Filipinos unless they
provided she is not disqualified. It is not necessary themselves be naturalized.
for an alien to prove in a judicial proceeding that
she possess all of the qualifications and none of the R.A. 9225 Citizenship Retention and Reacquisition
disqualifications under Comm. Act 473 (Revised Act of 2003
Naturalization Law)
Sec. 2- Filipino citizens who became citizens of
CITIZENS OF THE PHILIPPINES another country shall be deemed not to have lost
their Philippine citizenship under this Act.
1935 1973 1987
Citizens at -same- -same- Sec. 3- Natural Born Filipino citizens who have lost
time of their Phil. Citizenship through naturalization as
adoption citizens of foreign country are deemed to
Born of reacquire Phil. Citizenship upon taking oath of
foreign allegiance to the Republic.
parents
elected to Natural born citizens who after the effectivity of
public office this Act became citizens of foreign country shall
before
retain their Phil. Citizenship upon taking the oath.
adoption
Fathers are Fathers or -same- Sec. 4.- unmarried child, legitimate or not, below
citizens mothers are
18 y.o. of those who reacquire Philippine
citizens
citizenship upon the effectivity of this Act shall be
Mothers are Those who Born before
citizens who elect Phil Jan 17, 1973 deemed citizens of the Philippines.
elect Phil citizenship of Filipino
Sec. 5. Those who retain or reacquire Fil.
citizenship under 1935 mothers
upon who elect Citizenship shall enjoy full civil and political rights.
majority Phil cit upon
- Suffrage- R.A. 9189
majority
Naturalized -same- -same- - Seek public office- personal and sworn
in renunciation of any and all foreign
accordance citizenship before public officer authorized
with law to administer oath

Maquiling vs. COMELEC GR No. 195649, April

C. Minor children of naturalized Filipino
fathers:
Rules:
Born before naturalization
a.born in Philippines- Filipino
b. born outside
* dwelling in Philippines at time of parent’s
naturalization- Filipino
* dwelling outside- Filipino only during
minority unless he resides permanently in
the Philippines.
16, 2013
- With all due respect to the dissent, the
declared policy of R.A. 9225 is that all
Filipino citizens who became citizens of
another country shall be deemed not to
have lost their Philippine citizenship under
the conditions of this Act. This policy
pertains to the reacquisition of Philippine
citizenship. Section 5 (2) requires those who
have re-acquired Philippine citizenship and
who seek elective public office to renounce
any and all foreign citizenship.

This requirement when read with Section
40 of the Local Government Code which
disqualifies those with dual citizenship from
running for any local elective position,
indicates a policy that anyone who seeks to
run from public office must be solely and
exclusively a Filipino citizen. To allow a
former Filipino who reacquires Philippine
citizenship to continue using a passport-
which indicates the recognition of a foreign
state of the individual as its national- even
after the Filipino has renounced his foreign
citizenship is to allow a complete disregard
of this policy
There is no doubt that the use of a passport
is a positive declaration that one is a citizen
of the country which issued the passport, or
that a passport proves that the country
which issued it recognizes the person
named therein as its national.
Arnado is a natural born Filipino citizen who
became naturalized American who
reacquired Filipino citizenship by taking his
oath of allegiance and he renounced
American citizenship by such oath. It is,
however, indubitable, that after
renunciation, he used his U.S. passport six
times. If there is any doubt, it is regarding
the efficacy of his renunciation which must
be complete and unequivocal. The
requirement that it must be through an
oath emphasizes the solemn duty to
remain true to what one has sworn to. To
allow the subsequent use of a foreign
passport reduces it to a mere ceremonial
formality.
- Those appointed to public office- subscribe
and swear an oath of allegiance prior
assumption of office and renounce their
allegiance
- Practice of profession- apply for license or
permit
- Right to vote and be voted- not extended to
those in public office in country where they
are naturalized and those in active service
in the armed forces
COMMONWEALTH ACT 625- An Act Providing
the Manner in which the option to elect Fil.
Citizenship shall be declared by a person
whose mother is a Filipino. (July 7, 1941)
Statement signed and sworn by concerned
before party authorized to administer oath and
file with Civil Registry
COMMONWEALTH ACT 473 AS AMENDED BY
R.A. 530
COMMONWEALTH ACT 63 AS AMENDED BY
R.A. 106
Steps for Naturalization
1. Declaration of intention to be a Filipino
citizen
2. Filing of petition within one year
3. Publication and hearing
4. Rehearing after 2 years
5. Taking of oath of allegiance
Cancellation:
1. Naturalization certificate is obtained
through fraud
2. Within 5 years from issuance, person
concerned return to native country or
other country and reside therein
3. Invalid declaration of intention
4. Minor children failed to graduate from
public and private school, (curriculum of
which teaches phil. History, gov’t, civic)
through neglect
5. Person acted as dummy in violation of the
Constitution.
DOMICILIARY THEORY
-status, condition, rights and obligation, capacity
governed by the law of the domicile of the
individual
Disadvantages:
1. Domicile is easier to change (a person may
easily change domicile if its legal system
does not work in his favour.)
2. Characterization of domicile differs
DOMICILE NATIONALITY/
CITIZENSHIP
One’s permanent Ties of loyalty and
place of abode allegiance
Significance:
 1. Law of domicile is the controlling law in the rules. If voidable- same, after annulment- wife
some legal situations. Art 829, 816, CC can choose, if void- wife can choose
2. Nationality theory may refer to one’s law of
Domicile of others:
domicile in certain instances (dual citizens,
stateless) Convicts- domicile before incarceration
DOMICILE- where a person has settled, fixed legal Soldiers- before enlistment
relations
Public officials or employees abroad- domicile
OF BY OPERATION OF BY CHOICE before assigned elsewhere
ORIGIN LAW
(BIRTH) (CONSTRUCTIVE) DOMICILE BY CHOICE- voluntarily chosen with
Fixed by Fixed by law Voluntary intention to return
law will
At birth After birth After birth Rules:
Applies Other le Capacitated
to infants gally incapacitated 1. No one is without domicile
Never May change May change 2. No two or more domiciles except in certain
changes purposes. No two simultaneous domiciles
3. May change and once acquired the same
remains to be his domicile unless a new one
Rules:
is obtained by a capacitated person with
DOMICILE OF ORIGIN (BIRTH) own freedom of choice and having physical
presence over such domicile.
Legitimate child- father’s domicile at time of birth, 4. Presumption is on the continuance; burden
now: parent’s domicile unless separated- of proof is upon one who alleges change of
custodial parent domicile.
Illegitimate child- mother’s domicile CHANGE AND RETENTION
Legitimated child- father’s domicile at time of To change domicile, one must reside therein with
birth intention to reside therein. Residence alone will
Adopted child- domicile of real parents suffice for retention.

Foundling- where found To obtain new domicile:

Family domicile: joint prerogative of husband and 1. Bodily presence

wife 2. Intention to remain
3. Intention to abandon old domicile
CONSTRUCTIVE DOMICILE (BY OPERATION OF LAW)
Case: Gallego vs. Vera GR L- 48641 11/24/41
Legitimate child- either parent’s domicile. In case
of disagreement- father except there is judicial Cases: Imelda Marcos vs. COMELEC GR 119976
order to the contrary Agapito Aquino vs. COMELEC GR 120265
Illegitimate child- mother’s domicile DOMICILE RESIDENCE
Permanent Temporary
Adopted child- adopter’s domicile
Only one- if absent, Can be several
Ward- guardian’s domicile there is intention to
return
Insane, imbecile- if minor, apply same rules, if of
age and with guardian- domicile of guardian, if
without guardian- domicile of choice before they
became insane SITUS/ ECLECTIC THEORY
Wife- if marriage is valid- both spouses’ domicile - status, condition, rights and obligation,
unless she has separate domicile as permitted by capacity governed by the law where an
 important element of the transaction
occurred
- Ex: Marriage
Rule: Determine if parties’ participation is active or
passive
If active- actual situs
If passive- legal situs (domicile)
Marriage- parties participation is active- governed
by actual situs. The marital obligations are set by
law, passive- legal situs.
In the Phil- marriage valid abroad is also valid here
except bigamous, polygamous, incestuous.
v. THE PROBLEM OF RENVOI
RENVOI
- Literally means “referring back”
- A procedure whereby a jural matter
presented is referred by the conflict of laws
rule of the forum to a foreign state which in
turn refer the matter back to the law of the
forum (remission) or to a third state
(transmission)
- Arises when the states are governed by
nationality theory on one hand and
domiciliary on the other.
E.g.:
An English national domiciled in Philippines
died in Manila leaving properties.
Succession- is governed by the national law
of the decedent (English)
If English law provides- law of the domicile
is applicable- refer back to Philippines
(Philippine Law)- this referring back by the
foreign state to the law of the forum is what
we call “renvoi”.
back to Phil law. English law is
inadequate as it is
founded on different
basis
4. Foreign court- foreign court will take the
case if litigated in foreign country may
reject or accept the renvoi, apply
desistment or follow the foreign court
theory
Reject- apply local law
Accept- “double renvoi” – when local court
in adopting the foreign court theory
discovers that the foreign court accepts the
renvoi- apply foreign law
English refers to Phil (domicile)- which
refers to English (national law)- English
accept.
Desist- apply foreign law
Foreign law- vicious cycle
TRANSMISSION
-process of applying the law of a foreign state thru
the law of a second foreign state
E.g.:
An Italian National domiciled in Philippines died in
England.
England- apply law of domicile (Phil)
Phil- apply national law (Italian)
England thru Philippines applies Italian law

Ways in treating Renvoi:

1. Reject – apply foreign law

2. Accept- Single Renvoi/ Single Transmission-
apply local law
3. Desistment theory (mutual disclaimer of
jurisdiction)- apply local law by desisting to
apply foreign law as it is limited in
application

Accept Desist
Refer to English law- In desisting, no
English law refer referral because the