Cjc Conflict of laws tsn 2022

From the lectures of Atty. Jacquiline Brandares-Magdangal

ABPI, SINARIMBO, FURIA, BALDERAS, AND MELCHOR
it does not apply to the extrinsic validity of
contracts.
May 16, 2022 Marriage settlements or donations in
consideration of marriage they are governed by
the law of the place where the contract was
executed or where the property is situated and
EXAMPLE OF MATRIMONIAL PROPERTY
not by the family code.
REGIMES
You have to take note that just like the personal
-absolute community property-mao na ni siya
relations of the spouses are governed by the
karon sa family code, if there is no prenuptial
personal law of the husband if they are of
agreement. 
different nationalities the same rule applies also
-relative community partnership of gains- before
to property relations or the property regime that
the effectivity of the family code; and
governs their marriage. 
-complete separation of property. 
 
 
In the PH we follow the Nationality Theory. We
Marriage bet. foreigners when they come to the
apply A.80 of Family Code. Suppose the
PH, you apply the national law of the husband. 
husband or the wife have both changed their
If the marriage is MIXED, apply article 80 of
nationality, will the rules that I stated be the
the Family Code. 
same? 
Article 80 of FC is our conflicts rule. The
 
subject of property relations bet. Husband and
There is this doctrine: DOCTRINE OF
wife.
IMMUTABILITY OF MATRIMONIAL
 
REGIME. You will also encounter this doctrine
Art. 80. In the absence of a contrary stipulation
when we tackle the legitimacy or illegitimacy of
in a marriage settlement, the property relations
a child.
of the spouses shall be governed by Philippine
 
laws, regardless of the place of the celebration of
Under the Doctrine of Immutability of
the marriage and their residence.
matrimonial status, REGARDLESS of the
This rule shall not apply:
change of nationality of the husband, wife or
(1) Where both spouses are aliens;
both, the ORIGINAL property regime that
(2) With respect to the extrinsic validity of
prevailed at the start of their marriage
contracts affecting property not situated in the
PREVAILS. The reason for this doctrine are:
Philippines and executed in the country where
marital peace, and the spouses property relations
the property is located; and
is more or less guaranteed, the spouses will not
(3) With respect to the extrinsic validity of
be able to prejudice creditors, who in turn cannot
contracts entered into in the Philippines but
jeopardize the interest of the spouses, and even
affecting property situated in a foreign country
the spouses may protect themselves from each
whose laws require different formalities for its
other. So please do not forget the doctrine of
extrinsic validity. (124a)
immutability of matrimonial regime.
 
Is immutability of the property regime of the
So A.80 says we apply the family code. Which
spouses the same as immutability of the law
is ACP if there is no prenuptial agreement or
governing said regime?  No because for one, a
marriage settlement.
subsequent change of nationality by the husband
 
or the wife or both, does not change or affect the
Scope of A.80, it applies even to mixed
original property regime, the law that creates and
marriages. Applies even if the marriage is
governs said regime may change. However
celebrated abroad, applies even if the parties
—---- before the law takes effect, govern the —(
reside abroad, and applies even if the properties
muffled 6:11 di nako madungog kay robot.
are located abroad. 
Important sad ni feel ko i hope makita ra nato) 
HOWEVER it does not apply to mixed
A good example is the change of the family code
marriages if the parties stipulate  otherwise and
introduced in the property relations of the

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 Cjc Conflict of laws tsn 2022
From the lectures of Atty. Jacquiline Brandares-Magdangal
ABPI, SINARIMBO, FURIA, BALDERAS, AND MELCHOR
spouses. While the NCC established  the system
of conjugal partnership of gains between the
spouses, the fam code changed the system or the
regime to ACP. Thus couples who get
marriedunder the family code, who did not enter
into a marriage settlement have a regime of
ACP. However marriages solemnized under the
NCC w/o marriage settlements, are still
governed by said civil law. The spouses shall
have a CPG between them. Subject however to
the changes introduced by the family code.
The changes introduced by the family code in
the administration and disposition of conjugal
properties which have a retroactive effect
without prejudice to the vested rights acquired
before the family code took effect. Diba naay
changes w/ respect to CPG in the family code
tama? Different from those stated in the NCC.
They have retroactive effect so it has not
changed the property regime of the spouses but
some provisions with respect to CPG were
changed by the family code. S that is one good
example.
Let us go to annulment and declaration of nullity
of marriage.
So I know that you know the difference between
annulment and declaration of nullity of
marriage.
So review, the family code —- (nagchika2 si
kuya monj ug ate karen)
What are the conflicts rule of annulment and
declaration of nullity of marriage?
In COL, the grounds for annulment of marriage
and the declaration of nullity of marriage, are the
grounds provided for by the law alleged to have
been violated which in general i the lex loci
celebrationis  or the law of the place where the
marriage is celebrated with certain exceptions.
The reason is, considering that it is the lex loci
celebrationis is usually applied to determine
whether a marriage is valid or not, it is the same
law that also determines whether a marriage is
voidable/void or not.  Section 17. Extraterritorial service. — When the
So do not forget the conflict rules on annulment
or nullity of marriage. It is the ssame as whether
or not the marriage is valid.  status of the plaintiff or relates to, or the subject
If Filipinos get married abroad, the lex loci
celebratioinis will determine the grounds for
annulment. For ex. 2 filipinos get married in
england, let usassume that sterility is a ground
for annulment of marriage of —. The marriage
2
of 2 filipinos will be annullable on the ground of
sterility even if sterility is not a ground for
annulment under the family code. This is
because it is the english law, which is the lex
loci celebrationis.
As for declaration of marriage between 2
filipinos abroad the grounds are the exception to
the lex loci celebrationis in the family code. Pls
check FC art.26, 35, 36, 27 and 38. As to
foreigners who get married abroad, the
exception to the Lex Loci Celebrationis would
be the same as marriages as a contract. Namely
marriages that are highly immoral, bigamous or
polygamous marriages, and universally
incestuous marriages. The above rules however
do not apply to consular marriages to which the
national law  or thee domicile law of the party as
the case may be applies. 
 
What courts have jurisdiction of cases for
annulment or declaration of nullity of marriage. 
Since we follow the nationality theory, our
courts have JD to take cognizance of annulment
and nullity suits in cases where marriage are
filipinos. Domiciliary of the PH, can also file
such suits in the PH. In other countries, it is
usually the court of the parties’ domicile. Who
have JD of such cases since it is the place with
greatest interest in the domestic relations of the
spouses. Another reason for the rule is a
practical one, in order not to compel the parties
who are domiciled in one country to travel to
another country such to file such cases. 
In the PH, a filipino citizen or domiciliary can
file a case for declaration of nullity of marriage
even if the defendant is a domiciliary or citizen
of another country.  Such cases involve the
personal status of the plaintiff and so jurisdiction
can be acquired of the defendant by publication
— Remember rule 17 of the ROC? By personal
service, publication, —- kay diba filipino —---
(di na nako madungog kay naga lalis)
defendant does not reside and is not found in the
Philippines, and the action affects the personal
of which is, property within the Philippines, in
which the defendant has or claims a lien or
interest, actual or contingent, or in which the
relief demanded consists, wholly or in part, in
excluding the defendant from any interest
 Cjc Conflict of laws tsn 2022
From the lectures of Atty. Jacquiline Brandares-Magdangal
ABPI, SINARIMBO, FURIA, BALDERAS, AND MELCHOR
therein, or the property of the defendant has
been attached within the Philippines, service
may, by leave of court, be effected out of the
Philippines by personal service as under Section
6; or as provided for in international conventions
to which the Philippines is a party; or by
publication in a newspaper of general circulation
in such places and for such time as the court
may order, in which case a copy of the summons
and order of the court shall be sent by registered
mail to the last known address of the defendant,
or in any other manner the court may deem
sufficient. Any order granting such leave shall
specify a reasonable time, which shall not be
less than sixty (60) calendar days after notice,
within which the defendant must answer. (15)
Unsa man nakabutang sa Family Code ug sa
Rules? Pwede dili? Kay naa tay residence
requirement. Infact the courts now are very
strict. You have to prove you are a resident of
the place where you file the petition 6months
before filing of the petition. So dili jud pwede na
you are not a resident. Sa una mamutbot man.
Mangita pag court asa makagrant ug paspas na
nullity of marriage, adto kag cotabato bisan di ka
taga cotabato. Kay naa didto si judge ampatuan
kay bisan wa moy process, procedure, migrant
imong nullity. File rakag petition tas bayad raka.
Or adto kag ilo-ilo kay naa pud didto , sa
pangasinan. Unya mag atik2. Naa rakay
boarding house unya ingnon “oh taga didto ko”
pero now? There are jurisdictional requirement
na ang residency. You have to submit a valid
govt ID showing your address and ang
pinakalisod is a SWORN STATEMENT of the
lawyer na you are a resident.
In short ug mamakak ang lawyer, makuan siya
kay SWORN iyang statement. Ok? Tapos naa
patoy isa na requirement. Mao gani need na
filipino citizen and a resident of the place where
he filed the petition. Ug included pud ang
domiciliary even if dili filipino citizen. Pero the
defendant can be outside the PH. So please do
not forget extraterritorial service
Pwede ba ang tourist mufile ug nullity or
annulment? Dili. kay dapat domiciliary. As i sai
naay residency requirement. Choice of law? Lex
Loci celebrationis. So pwede ba na 2 americans
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will file an annulment in the PH? What is the
answer?
You have to qualify. If the two americans are
domiciliary of the PH, then they can file. So
what law will be used? You have to qualify
again. It will depend on where the marriage was
celebrated kay lex loci celebrationis.
Bantay bitaw oo mo diha unya di mo katubag.
What about if both filipinos, we will apply lex
loci celebrationis as well as the family code.
Let’s go to divorce. Is there absolute divorce in
the PH?
Not yet. It is still a bill hantod karon wa intawn
napass. Lisod siya ipass kay roman catholic ta.
Pila kabuok countries nalang? Duha nalang. Ang
PH ug Vatican. Labaw pa tasa uban countries.
Mura sad tag vatican. Ang japan nga very
traditional, naa silay divorce.
So we already know about divorce, about an
alien spouse divorcing his/her filipino spouse in
his home country and what is the effect  etc. So
you have to read the case of Pilapil v. Ibay-
SUmera. And the case of Van Dorne v. Ronillo. 
 
I know that it is kuan na, very old cases pero you
have to read them gihapon…
…And then legal separation as also known as
relative divorce
Pls read also the case of Qita v. CA, Garcia v.
Recio, Van Dorn v. Romillo, and please review
your FC, and what you learned in Civil Law
with respect to annulment, nullity marriage, and
legal separation.
Legal separation
You have to distinguish Legal Separation from
divorce, legal separation from annulment of
marriage.
Conflict rules on Legal separation
If the parties are of the same nationality, the
grounds for legal separation are those given by
their PERSONAL LAW, whether national law
or their domiciliary law as the case may be.
If the parties are of different nationalities, the
grounds available under the personal law of the
 Cjc Conflict of laws tsn 2022
From the lectures of Atty. Jacquiline Brandares-Magdangal
ABPI, SINARIMBO, FURIA, BALDERAS, AND MELCHOR
HUSBAND as those available under the law of
the WIFE are all available GROUNDS FOR
GRANTING THE LEGAL SEPARATION.
Grounds for legal separation – National law of
the parties. (Personal law)
Different nationalities – the grounds available
under the personal of the husband as well as
those of the wife are all available grounds for
granting the legal separation.
What courts will grant legal separation or in
what country should the case be filed?
Answer: Jurisdiction in the case of aliens is not
assumed by the forum unless the national law of
the parties is willing to recognize its jurisdiction.
In the Philippines, foreigners may ask for legal
separation, even if they did not get married in
this country. What is important is that the court
has jurisdiction over both parties. Most countries
assume jurisdiction over cases for legal
separation on the basis of the domicile of one of
the parties or the matrimonial domicile. The
rationale for this rule is that the law of the
domicile of the parties is that with which they
are most intimately connected.
Is it necessary that the cause of Legal separation
take place in this country for our courts to have
Jurisdiction over the case? NO. There is no such
requirement under the Family Code, what is
important is that the court has jurisdiction over
the parties, and that the procedural requirements
of the rules of court are complied with.
It is important to emphasize that the petitioner
must have resided in the Ph if the cause for legal
separation arose in a foreign country. However,
that has been EXPRESSLY REPEALED
UNDER ARTICLE 254 FC. However, it is
required na naay jurisdiction over the parties
ang Ph Court.
Can Filipinos file legal separation abroad? YES.
If the forum abroad allows it. Forum non
conveniens is not a defense in legal separation
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because we are a signatory to the Hague
Convention and such convention relating to
Legal separation states that the petition for LS
may be filed anywhere for as long as it is
allowed under the national law of the petitioner
and it is allowed by the laws of the forum.
There is a residency requirement under ….
Which took effect in 2018/2019 (atty was not
sure). Is it applicable to legal separation? NO.
Because under AM No 02-11-10-SC, Rule on
Declaration of Absolute Nullity of voide
marriages and annulment of voidable marriages.
It is only applicable to annulment and nullity of
marriages. In other words, since it does not
include LS, there is now no residence
requirement. Thus, even if the parties are JUST
PASSING THROUGH or come to the PH as
TOURIST, they can file a petition for Legal
Separation.
What is the choice of law? As legal Separation
AFFECTS THE PERSONAL STATUS OF a
person, the national laws of the parties will be
APPLIED.
Why is it that in annulment or declaration of
nullity we use Lex Locii Celebrationis, and not
in legal separation? In annulment, grounds
existed AT THE TIME OF CELEBRATION OF
MARRIAGE, while LS, the grounds existed
AFTER THE CELEBRATION OF
MARRIAGE.
NOTE: Also check the defenses for LS and
Prescriptive period for filing of the action in PH.
What happens if the spouses come from 2
different legal systems?
The grounds under the law of the husband and as
well as the grounds under the law of the wife can
be used as a ground for legal separation. In
short, COMMULATIVE.
What are the grounds or defenses? Please read
the FC.
 Cjc Conflict of laws tsn 2022
From the lectures of Atty. Jacquiline Brandares-Magdangal
ABPI, SINARIMBO, FURIA, BALDERAS, AND MELCHOR
How about if it is a fixed marriage, can you
invoke the defenses provided under the FC for
Legal separation?
NO. Not the FC but the National LAW of the
SPOUSE whose National law is INVOKED.
(Penchvez v. Escano 17S674).
What is the effect of the death of one spouse
during the pendency of the case?
The same should be dismissed since the action is
purely a PERSONAL one. This is true even if
there would have been effects of property rights,
if a decree of LS had been granted. Without the
decree there can be no EFFECTS.
Can a wife drop the name of the husband after
the decree of LS?
(Note: research for the Jurisprudence) A woman
can use her maiden name. Laperal v Republic 6
S 357, where it was held that the wife has been
granted LS cannot petition to be allowed to
revert to her MAIDEN name. THIS HAS BEEN
CHANGED by another case. Next meeting you
tell me what that case is. (where the SC said the
maiden name can be used after LS decree).
Comment: Pwede gani na mahimo maski still-
married (No decree), nganong dili pwede atong
Legally separated na?
Does the offended spouse inherit from the guilty
spouse?
YES. Because he/she is the offended spouse, and
they are still legally married (LS)
How about the guilty spouse, can he/she inherit
from the innocent spouse?
NO. Because he/she disqualified from inheriting.
In fact, the guilty spouse cannot get from their
property. It will be given to the heirs (Children if
any). His/her share shall be considered
FORFIETED of the community property or
conjugal property.
STATUS OF CHILDREN
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Legitimacy and illegitimacy.
What are the conflict rules in determining
legitimacy of children?
If the parents are of the same nationality, their
common personal law, whether their national
law or the law of their domicile will be applied.
If the parents are of different nationalities, the
personal law of the FATHER governs.
In the Philippines, since we follow the
nationality theory, the common national law of
the parents applies. And if they have different
nationalities then the national law of the
FATHER governs.
There are only 2 types of children in the PH:
1. Legitimate
2. Illegitimate
If you say legitimated then it is also considered
legitimate.
Please review the provisions in the Family Code
as to:
(1) Who are the legitimate and illegitimate
children
Art. 164. Children conceived or born
during the marriage of the parents are
legitimate.
Children conceived as a result of
artificial insemination of the wife
with the sperm of the husband or that
of a donor or both are likewise
legitimate children of the husband and
his wife, provided, that both of them
authorized or ratified such
insemination in a written instrument
executed and signed by them before
the birth of the child. The instrument
shall be recorded in the civil registry
together with the birth certificate of
the child.
Art. 165. Children conceived and
born outside a valid marriage are
illegitimate, unless otherwise
 Cjc Conflict of laws tsn 2022
From the lectures of Atty. Jacquiline Brandares-Magdangal
ABPI, SINARIMBO, FURIA, BALDERAS, AND MELCHOR
record of birth appearing in the civil
provided in this Code. register or when an admission of birth
appearing in a public document or
(2) the rights of the legitimate and private handwritten instrument is
legitimated children under the Philippine made by the father during the latter’s
law lifetime.
Art. 174. Legitimate children shall
have the right: (4) the law that governs the rights and
duties between parent and child.
(1) To bear the surnames of the father
and the mother, in conformity with
There are only 2 kinds of status of
the provisions of the Civil Code on
children in the Philippines, legitimate or
Surnames;
illegitimate. If you say legitimated child
(2) To receive support from their is also legitimate.
parents, their ascendants, and in
proper cases, their brothers and
sisters, in conformity with the If the Child is legitimate and the
provisions of this Code on Support; parents are of different nationalities, it’s
and either the common personal law of the
parents or the personal law of the father
(3) To be entitled to the legitimate which will govern.
and other successional rights granted
to them by the Civil Code.
If the Child is illegitimate, the GR is the
NOTE: The legitime of the legitimate
children is ½ of the parent’s estate personal law of the mother. Unless the
divided by the number of legitimate child is subsequently acknowledged by
children (Art 888, NCC); while in the father. In such a case, the rules on
intestate succession, legitimate legitimate children will apply.
children inherit equally (per capita)
without distinction as to age or sex,
and even if they spring from different In the Philippines, since we follow the
marriages. nationality theory, the law of the mother
governs if the child is illegitimate,
(3) the rights of illegitimate children under unless the child is again recognized by
the Philippine law
the father, in which case the personal
Art. 176. Illegitimate children shall
law of the father applies.
(1) use the surname of the mother
(2) shall be under the parental
authority of their mother
(3) shall be entitled to support in
conformity with the FC
Doctrine of immutability of status
Note: Under RA No. 9255, - the status of a child whether legitimate
illegitimate children may now use the or illegitimate, is not affected by a
surname of the father “if their subsequent change of nationality of the
affiliation has been expressly parents. But the rights and duties of
recognized by the father through the parent and child, or child and parent,

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 Cjc Conflict of laws tsn 2022
From the lectures of Atty. Jacquiline Brandares-Magdangal
ABPI, SINARIMBO, FURIA, BALDERAS, AND MELCHOR
would, after the parents’ change of
nationality, be governed by the new law
of the parents.
Please also review the provisions in the FC on
Paternity and Filiation
Paternity is the civil status if the father (or
mother) with respect to the child begotten by
him (or by her).
Filiation, on the other hand, is the status of the
child in relation to the father or mother.
When we mention the relationship between the
child and the parents, we include the following
matters:
(1) presumptions of legitimacy and
illegitimacy
(2) the rights and obligations of parents
and children
(3) parental authority
(4) reciprocal support
Going back to Doctrine of immutability of
status, it does not include the rights and
duties of parent and child, or child and
parent, it would be governed by the new law
of the parents.
What is the effect of change of nationality?
(1) Doctrine of immutability of
matrimonial regime- the change of
nationality has no effect in the property
relations between spouses. But the
change of status has an effect on the
Personal relations between spouses
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(2) Doctrine of immutability of status- the
status of a child whether legitimate or
illegitimate, is not affected by a
subsequent change of nationality of the
parents.
Please review also Legitimation.
Legitimation is a remedy or process by
means of which those in fact were not born in
wedlock, and should therefore be ordinarily
considered illegitimate children, are, by fiction
or upon compliance with certain requirement,
regarded by the law as LEGITIMATE, it being
supposed that they were born when their parents
were already validly married.
Requisites for legitimation:
(1) The child is born out of wedlock of
parents who at the time of the
conception of the child were not
disqualified by any impediment to marry
each other.
(2) There must be a subsequent valid
marriage (not prior) otherwise the child
would already be legitimate, and there
would be no need for legitimation.
Re: Atty’s 1st child born out of wedlock,
do they need to submit legal
requirements after they got married in
order for the said child to be
legitimated? No, automatic na sya
legitimate. Ipso facto she is already a
legitimate child after the marriage of
her parents. Pero ang legitimation, mao
na ang need magsubmit ug
requirements. Ang problema, nagsubmit
nami ug requirements tapos ang LCR
ila dayon giforward sa PSA pero hantod
karon wala pay annotation iyang birth
 Cjc Conflict of laws tsn 2022
From the lectures of Atty. Jacquiline Brandares-Magdangal
ABPI, SINARIMBO, FURIA, BALDERAS, AND MELCHOR
certificate. She is already 24 years old. The rights of legitimated children under the
Pero dapat ana naa nay annotation sa Philippine law:
gilid sa Birth Certificate na legitimated
na. So, kung mag apply mig Visa kay
need nako magsubmit ug Affidavit of Art. 179. Legitimated children shall enjoy the
Explanation stating na legitimated n ani same rights as legitimate children.
sya, mao n ani iyang apelyido, ang PSA
kay kuan. Kwento about LCR and PSA Art. 176. Illegitimate children shall
hehehe (1) use the surname of the mother
(2) shall be under the parental authority
of their mother
(3) shall be entitled to support in
conformity with the FC
In conflict of Laws, the requisites of
legitimation are generally those prescribed by
the national law of the parents, and if the latter
have different national laws, the national law of Note: if a marriage is a voidable but
the father. In countries following the domiciliary subsequently annulled, the legitimation remains
theory, however, the personal law being the law valid. Voidable marriage is valid before it is
of the domicile, the law of the domicile of the annulled.
parents or, in proper cases, the law of the
domicile of the father, should govern.

If the personal law of the parents, or of the

father in proper cases, changes, is the
legitimation of the child affected?
ADOPTION

No, because legitimation creates permanent

status of the child, so this status is immutable.
The doctrine of immutability of status also
Please review our laws on adoption, especially
applies in legitimation. However, the rights and
the inter-country adoption.
duties of parents and legitimated children may
be modified by a change of the personal law of
the parents or of the father, as the case may be.
What law determines whether the relation of
adoption has been created or not?
What is the reason of the immutability of the (a) The child’s personal law, to protect his
status of a legitimated child? Under Article 18o well- being.
of FC, the effects if legitimation shall retroact to (b) If the child does not reside in the
the time of the child’s birth. Also, Article 178 country of his citizenship, the personal
provides that annulment of a voidable marriage law of the adopter will govern, or the
shall not affect the legitimation. personal law of the adopter and that of
the child will be applied concurrently.

8
 Cjc Conflict of laws tsn 2022
From the lectures of Atty. Jacquiline Brandares-Magdangal
ABPI, SINARIMBO, FURIA, BALDERAS, AND MELCHOR
What law determines the legal effects of the
adoption?
The legal effects of the adoption are determined
by the same law that created the relationship of
adoption.
The legal effects that flow from the adoption
are:
(a) The successional rights of the adopted
child;
(b) The parental authority of the adopter
over the adopted child;
(c) The use by the adopted child of the
surname of the adopter.
If the adoption takes place in the Philippines,
our country’s procedural requisites must be
complied with in accordance with the theory of
lex fori in procedural matters.
Please review those who are those not allowed
to adopt.
The capacity to adopt is based on the national
law of the adopter.
Kwento re: Friend. In Japan, they will only
recognized adoption between mother/ father and
his/her biological child. The Japanese husband
and Filipina wife adopted the niece of the latter.
The application for permanent resident visa of
the adopted child was denied by the Japanese
Government. Gi-hire daw sila Atty. para
asikasohon daw ni.
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The question as to whether the adoption has
been created is based on the national of the
adopter.
Please read the case of Ng Hian v. Collector
FACTS: Marcosa (stepmother), together with
two children, Ng Tio and Ng Hian (adopted
child), came from China. Marcocsa was born
from a Filipino mother and a Chinese father,
then married a Chinese national, Ng Chion
Te. Ng Chion Te had a child from his first
wife, so Marcosa adopted and brought Ng
Hian to the Philippines to study. However,
upon arrival at the port of Manila, Ng Hian
was refused the right to enter the Philippines.
ISSUE: Whether or not the minor Ng Hian,
being an adopted son of a person who has a
right to enter the Philippines, also has the
same right.
HELD: The Court ruled in favor of entry of
Ng Hian.
RATIO: The evidence shows that the practice
of adopting children in China is very
common, that it takes place substantially
without legal formalities, but that the rights
and obligations of children adopted and
recognized as such are similar to those of
natural children.
Does adoption confer on the adopted child the
citizenship of the adopted?
No, citizenship is a privilege. An alien child
adopted by a Filipino will not automatically
become a Filipino citizen by virtue of the
adoption. Adoption is a matter political, and not
civil, in nature, and the ways in which it should
be conferred are outside the ambit of the Civil
Code.
 Cjc Conflict of laws tsn 2022
From the lectures of Atty. Jacquiline Brandares-Magdangal
ABPI, SINARIMBO, FURIA, BALDERAS, AND MELCHOR
Please read the case of Republic v. CA legitimate child of his or her Filipino spouse;
or
(c) One who is married to a Filipino
James Anthony Hughes, a natural born citizen citizen and seeks to adopt jointly with his or
of the United States of America, married her
Lenita Mabunay Hughes, a Filipino Citizen, Filipino spouse a relative by
who herself was later naturalized as a citizen consanguinity of the latter.
of that country.
Lenita, however, can qualify pursuant to
On 29 June 1990, the spouses jointly filed a paragraph (3)(a). The problem in her case lies,
petition with the Regional Trial Court of instead, with Article 185 of Executive Order
Angeles City, Branch 60, to adopt Ma. No. 209, expressing as follows:
Cecilia, Neil and Maria, all surnamed
Mabunay, minor niece and nephews of Lenita, Art. 185. Husband and wife must jointly
who had been living with the couple even
adopt, except in the following cases:
prior to the filing of the petition. The minors,
1) When one spouse seeks to adopt his
as well as their parents, gave consent to the
own legitimate child; or
adoption.
2) When one spouse seeks to adopt the
legitimate child of the other.
On 29 November 1990, the Regional Trial
Court rendered a decision granting the
Lenita may not thus adopt alone since Article
petition. A petition for Review on Certiorari
185 requires a joint adoption by the husband
was filed with this Court, assailing the trial
and the wife, a condition that must be read
court's decision. Petitioner contend that the
along together with Article 184.
lower court erred in granting the petition for
adoption of spouses James and Lenita because
they are not qualified to adopt under
Philippine law.

ISSUE: W/N the Regional Trial Court erred

in granting the adoption to spouses James and
Lenita. YES Ching Leng v. Galang

RULING: It is clear that James Anthony

Hughes is not qualified to adopt.
"The Family Code of the Philippines," is
explicit. Pursuant to Art. 184, the
following persons may not adopt :
1) the guardian with respect to the ward
prior to the approval of the final
accounts rendered upon the
termination of their guardianship
relation;
2) Any person who has been convicted
of a crime involving moral turpitude;
3) An alien, except:
(a) A former Filipino citizen who seeks
to adopt a relative by consanguinity;
(b) One who seeks to adopt the
Promulgated on 27 October 1958, the
citizenship of the adopter is a matter political,
and not civil, in nature, and the ways in which
it should be conferred lay outside the ambit of
the Civil Code. It is not within the province of
our civil law to determine how or when
citizenship in a foreign state is to be acquired.
The disapproval of the adoption of an alien
child in order to forestall circumvention of
our exclusion laws does not warrant, denial of
the adoption of a Filipino minor by qualified
alien adopting parents, since it is not shown
that our public policy would be thereby
subverted.

10
 Cjc Conflict of laws tsn 2022
From the lectures of Atty. Jacquiline Brandares-Magdangal
ABPI, SINARIMBO, FURIA, BALDERAS, AND MELCHOR
ADMINISTRATOR OF VETERAN
AFFAIRS
Please read the Laws on Adoption
ISSUE: WON claim of improper payment to
the ward (through the guardian) of benefits
In Re Guardianship of the Minor Roy is properly filed in the guardianship
Reginald Lelina. proceedings? NO

Guardianship proceedings are solely

concerned with the ward's care, custody and
CONSTANCIO LELINA served as a member
proper administration and management of his
of the US ARMED FORCES during the
properties. Conflicts regarding ownership or
Japanese war. CONSTANCIO had a son
title to the property in the hands of the
named ROY REGINALD LELINA. When
guardian, in his capacity as such, should be
CONSTANCIO died, ROY REGINALD
litigated in a separate proceeding.
received the arrears pay, insurance, and other
benefits from the US VETERANS
ADMINISTRATION.

SEVERO VILORIA was appointed guardian

of ROY REGINALD. The guardian was
authorized to withdraw from the estate of his WILLS, SUCCESSION and
ward the sum of P30 a month for ROY ADMINISTRATION OF THE ESTATE OF
REGINALD's support and other expenditures. DECEASED PERSONS

In the guardianship proceedings, US

VETERANS’ ADMINISTRATION filed
motion to stop further payment of monthly
allowances to the minor. Allegedly, they
received certain letters from its central office
What law applies in the transmission of
in Washington DC to the effect that
CONSTANCIO LELINA was not engaged in successional rights upon the death of a
guerilla or other service in the armed forces of person?
US, thus not entitled to payment of gratuitous
National Service Life Insurance
In the Philippines, we used the UNITARY or
ADMINISTRATOR OF VETERAN single system. Only one law determines the
AFFAIRS filed a motion for a refund of transmission of real as well as personal
$2,879.68, the balance of gratuitous insurance properties. Since we follow the nationality
benefits allegedly wrongfully paid still in theory, the national law of the deceased governs
deposit with PNB. the transmission of his real and personal
properties. Article 16 of the NCC applies the
Guardian VILORIA opposed. He submitted
national law of the deceased, whatever may be
evidence to show that CONSTANCIO was
duly recognized by both RP and US Armies. – the nature of the property and regardless of the
Denied. country where the property is located.

The GUARDIAN moved to be allowed to

withdraw P4k from ROY REGINALD's estate When we talk of validity of wills, we refer to
to meet his needs. OPPOSED by both its extrinsic and intrinsic validity.

11
 Cjc Conflict of laws tsn 2022
From the lectures of Atty. Jacquiline Brandares-Magdangal
ABPI, SINARIMBO, FURIA, BALDERAS, AND MELCHOR
Filipinos cannot make joint wills, whether here
or abroad. Thus, a joint will executed by 2
Extrinsic validity deals with the forms and filipinos in a foreign country is void. Even if
solemnities in the making of wills, which include valid under the Lex loci celebrationis. Joint wills
the age and testamentary capacity of the testator made by aliens abroad shall be considered as
and the form of the will (whether oral or written, valid. It is valid if it is valid according to their
public or private instrument, notarial or lex nationalii or lex domicilii or if valid under
holographic, the number of witnesses, etc.). the lex loci celebrationis.

Join wills made by aliens in the Philippines are

void, even if valid under their national or
Intrinsic validity concerns itself with the order
domiciliary law in order that our public policy
of succession, the amount of successional rights on joint wills may not be militated against. 
each heir gets, and such other matters that fall
under the term “substance” as distinguished A joint will executed by an alien and a Filipino
from “forms and solemnities of wills. citizen abroad 
It is valid as to the alien if the law of his
Extrinsic validity of wills
domicile or the lex locci celebrationis allows it
If a Filipino, makes a will abroad he may
and void as to the Filipino by reason of public
comply with the formalities of the Philippine
policy on joint wills.
law lex nationalii or the lex loci celebrationis.
(the law of the place where he was at the time of
Intrinsic validity of wills
the execution of the will) Thus, a Filipino doctor
Conflicts rules on intrinsic validity of wills is
working in New York, may execute a will in
determined by the national law of the deceased.
accordance with Philippine law or New York
In countries that follows that nationality theory
law. 
and the law of domicile at the time of death in
countries that follow the domiciliary theory.
If an alien makes a will abroad, he may comply
with the formalities of his lex nationalii (the law
In the Philippines the NCC applies the national
of the country of which he is a citizen) Lex
law of the decedent found in Article 16 par 2.
domicilii (Law of his domicile) or Lex loci
(memorize). However, if there is a conflict
celebrationis (the law of the country where he
between the nationality theory and the domicile
was at the time of the execution of the will). 
theory, we can treat the case as one of renvoi. As
in the Christensen case, that we have discussed
If an alien makes a will in the Philippines, he
so that we can apply Philippine law, even if the
may comply with the formalities of his own
deceased was a citizen of another country. (read
country or of Philippine law. 
Miciano vs Brimo) .
Holographic Will (written, dated, signed by the
Is it possible that the testator will say in his
hand of the testator himself)
will that the intrinsic validity of the will be
It is subject to no other form and may be made
governed by some other legal system?
in and out of the Philippines and need not be
No, because it must be governed by the national
witnessed. 
law. The only exception is if there is a conflict
between nationality theory and domiciliary
Please take not that extrinsic validity of wills,
theory then the renvoi comes to play. You
age and capacity are of the testator are extrinsic.
cannot provide in your will that other country's
However, on other items, age and capacity are
law will apply other than your national law or
regarded as intrinsic
the law of your domicile except renvoi will
apply. (read VDA de perez vs tolete, 232s 723)
Joint wills

12
 Cjc Conflict of laws tsn 2022
From the lectures of Atty. Jacquiline Brandares-Magdangal
ABPI, SINARIMBO, FURIA, BALDERAS, AND MELCHOR
What are the conflicts rules if a person dies
intestate?
In civil law countries like the Philippines, the
national law of the deceased applies. In common
law countries of course the domiciliary is
applicable so the law of the domicile of the
deceased at the time of death applies. (review
probate of wills)
How about revocation of wills?
Under 829 of the NCC a revocation done outside
the Philippines by a person who does not have
his domicile is valid. If done according to the
law of the place where the will was made or the
law of his domicile at the time of revocation.
A problem here would arise of the testator
revokes his will while domiciled in one country
and later changes his domicile then dies in the
latter stage. If the laws of his former domicile
and domicile at the time of his death are
different, which law applies?
Under the Philippines, we follow lex loci
celebrationis or the law of his domicile at the
time of revocation.
If the revocation is done in the Philippines, it is
valid if made in accordance with the provisions
of our Civil Code.  Contemporaneous and subsequent acts of the
If the revocation is done outside the Philippines
by a person who is domiciled here. It is valid if
made in accordance with our law or the lex loci
actus of the revocation or the place where the
revocation was made.
What is the effect if there is a change of
nationality of the testator with reference to
the intrinsic validity?
The nationality at the time the will was executed
should control. With reference to intrinsic
validity, the nationality at the moment of death
should be determinative of the national law to be
followed.
Revocation if done in the Philippines, it is
valid if made in accordance with the
provisions of our civil code.  and the approval by said court of the will. The
13
Revocation done outside the Philippines and at
the same time domiciled in the Philippines,
Philippine law applies. (the law of the domicile
or the lex loci actus or the law of the place of
revocation) 
If revocation is done outside the Philippines and
it was done by the person who is not domiciled
in the Philippines then the law of his domicile or
the law of the place of celebration. (lex loci
celebrationis)
When it comes to revocation, nationality theory
is useless. the national law of the testator is
irrelevant.
Interpretations of wills
As in contracts, the provisions of a will shall be
interpreted in accordance with the testators
intention. If the terms are clear and unambigous,
the literal meaning of the stipulation shall
control otherwise, the evident intention of the
testator must prevail by not only referring to the
context of the will but also taking into
consideration the acts of the testator.
testator. If the testator's intention cannot be
ascertained by the said rules, the interpretation
of ambiguous words must be made in
accordance with the law which was most
probably in mind of the testator when he used
those words and will which he is presumed to be
most familiar. 
If the will admits different interpretations
Will make the will operative to prevent
intestacy. every effort should be made to prevent
intestacy in keeping with the policy of
respecting the will of the testator provided that
this can be ascertained.
Probate of wills
Probate is the process of proving before a
competent court the due execution of a will that
the testator is possessed of testamentary capacity
allowance or disallowance is essentially
procedural so that the law of the forum applies
 Cjc Conflict of laws tsn 2022
From the lectures of Atty. Jacquiline Brandares-Magdangal
ABPI, SINARIMBO, FURIA, BALDERAS, AND MELCHOR
to all procedural matters. So no will shall pass there is a will but no executor is designated
either real or personal property unless it is therein. Or an administrator if there is no will,
proved and allowed in accordance with the rules the court appoints an administrator of the estate
of court.  of the deceased. 

Is there a period for the probate of a will? None.
because it is not exclusively established in the
interest of the surviving heirs but primarily for
the protection of the testator's expressed wishes
in the disposition of his properties.  penalty. No period but to avoid penaltie,
Since the probate of validly executed wills is
required by public policy, the state could not
have intended the statute of limitations to defeat
said policy.   year from the time of death. Kay kung dili, mas
Will proved and allowed in a foreign country
according to the laws of each country may be
allowed filed and recorded by the proper court in
the Philippines. Although a foreign will had
already been probated in a foreign country, its
still has to be REPROBATED in the Philippines
in accordance with our procedural law because
as to foreign judgment no matter how
intrinsically meritorious cannot have as a
general rule automatic extraterritorial effect but
instead of proving all over again, the due
execution of the law, it is ordinarily sufficient to
ask for the enforcement here of the foreign
judgment of the probate abroad.  domiciled at the time of his death or if he was a
(check the evidence necessary for the probate or
allowance of wills which have been probated
outside the Philippines (VDA de perez vs tolete)
The conflict rules on administration of estate
of deceased persons
By administration is meant by the process of
determining and realizing the assets of a
deceased person. The payment of the debts of
the estate and the actual distribution of the
residue to the heirs. Like probate, administration
is procedural in nature therefore, since it is
procedural, the law of the forum governs,  not
the law  that determines how the estate of the
deceased is to be distributed.
In charge of the administration is the executor.
Executor is the one appointed by the testator in
his will,  and an administrator with a will
annexed, one who is appointed by the court if
We said the probate of a will has no limit.
How about settlement of the estate of the
deceased?
For purposes of estate tax, 1 year para walay
charges, should file within 1 year from transfer.
(Continuation) You have to settle it within one
dako pa. Mamatay na lang ka’g kanang binayad
hastang dakua.
Q: Ang amnesty kanusa gani. Kanusa ra gani
muapply. Death na unsa man?
A: 2018 pataas.
Same gihapon sya sa probate but for purposes of
taxation dapat imo syang bayaran ang estate tax
within 1 year. The executor is qualified and the
administrator of the estate is appointed by the
court of the country where the deceased was
non-domiciliary, the country where his
properties are found. The rights, powers, and
duties of the executor or administrator are
coextensive with the territorial jurisdiction of the
court that qualified or appointed him or her.
Thus, an executor or administrator qualified or
appointed by a Philippine court has jurisdiction
only over the properties of the deceased located
in the Philippines. Administration granted in the
country of the deceased’ last domicile is called?
– principal domiciliary administration.
Administration in other countries where the
deceased also left properties is called ancillary
administration. Please check the case of Tayal v.
Benguet Consolidated Incorporated. 26 SCRA
242.

14
 Cjc Conflict of laws tsn 2022
From the lectures of Atty. Jacquiline Brandares-Magdangal
ABPI, SINARIMBO, FURIA, BALDERAS, AND MELCHOR
What is meant by caduciary rights of a state in
conflict of laws? If the deceased had properties
but left no heirs, and no will, how can the
country where the properties are located, claim
said properties? Mao na syang caduciary rights
of a state. Diba inyo nang na learn pud sa
Succession. Kung walay heirs ang namatay, naa
ng properties, unsa man matabo sa iyang
properties? Escheat proceedings.
There are two theories adopted by different
states so that they may claim the properties left
by a deceased who left no heirs and no will.
First, some countries including England and
most American states, adopt the theory that such
properties have become ownerless. Bona
Vacantia. Wala nay owners, ownerless sila.
They should revert to the state where they are
situated by escheat. In the Philippines and some
civil law countries the theory adopted is the state
is the last heir of a deceased person. Hence, the
state succeeds to the properties left by said
deceased as an heir. Mao na sya sa Philippines –
the state is the last heir of a deceased person.
There is no difficulty if there is no foreign
element involved in the case, but suppose the
domiciliary of one state leaves properties in
other states? How can those other states claim
for themselves the properties left by the
deceased?
Example: A Chinese citizen died with
substantial business interests in the Philippines –
but no heirs and no will. So if we apply Article
16 paragraph 2 of the NCC, the national law of
the deceased applies to his succession and if
Chinese law provides that the home state of the
deceased, China, inherits as his last heir. China
can claim said properties and business properties
for itself. Dapat kabalo mo ani, Chinese law.
15
Anyway, the Philippines can however claim said
properties and business interests by adopting the
theory of caduciary rights of the state. This is in
consonance with the proposition that in a
situation such as this, rules of conflict of laws
are largely abandoned and each country appears
to work on the principle of seizing all property
of the deceased lying within its borders. The
Philippines should regard said properties as
ownerless or bona vacantia. In short, the
properties passed to the Philippines as an
incident of sovereignty not as an heir. That is by
theory, but in actuality, makuha gihapon sa
China makua man gani sa China atong national
territory. Sa ilang properties pa na naadiri sa
Philippines – ok joke ra na ha. So gamitin ninyo
tong caduciary rights of the Philippines.
Article 15 of the NCC provides that real
property as well as personal property is subject
to the law of the country where it is situated.
What are the matters connected with real
property which are governed by the lex situs:
extrinsic, and intrinsic validity of transactions
over real property such as, alien nations,
transfers, and mortgages, capacity of the
contracting parties, interpretation of documents,
effects of ownership, co-ownership, accession,
usufruct lease, easement, whiting of title,
registration, prescription, police power,
imminent domain, and taxation are governed by
the lex situs.
So, extrinsic and validity of transactions over
real property. What are the exceptions to the rule
of lex situs or lex rei sitae with respect to real
properties? Extrinsic and intrinsic validity of
transactions affecting real property.
 Cjc Conflict of laws tsn 2022
From the lectures of Atty. Jacquiline Brandares-Magdangal
ABPI, SINARIMBO, FURIA, BALDERAS, AND MELCHOR
What are the exceptions? First, succession of
rights. We have already discussed succession of
rights they are covered by the national law of the
deceased. Second is capacity to succeed. Like
the share of an adopted child. The national law
will also apply.
As to contracts involving property which do not
deal with title to such property, so there are
contracts involving real property but they do not
deal with title or real rights over the property.
The issue being contractual rights and liabilities
of the parties. They are governed by the proper
law of the contract. Or lex loci, either the lex
loci voluntatis, or the lex loci intentionis.
For example, Filipino landowner hires Japanese
gardener – for the latter to convert into a
Japanese garden a parcel of land in the
Philippines. This contract is not governed by the
lex situs. Although the land to be developed is
located in the Philippines. What governs is the
proper law of the contract between the parties.
Proper law of the contract dili lex loci
celebrationis, ha? Proper law of the contract. It
may be lex loci voluntatis, or the lex loci
intentionis.
In another exception is in contracts where real
properties given a security by way of mortgage.
To secure a principal contract – like naay
contract of loan tapos naay accessory contract of
mortgage. So. the contract of loan is governed
by the proper law of the contract between the
parties. But the accessory contract of mortgage
is governed by the lex situs or lex rei sitae? Of
course, dili apil ang principal contract of loan.
Kay ang principal contract of loan dili man siya
- it may involve real property but dili jud sya,
unsa na – it does not deal with title or real rights
over the property. But the accessory contract of
mortgage does.
16
So that is why it is governed by lex situs or lex
rei sitae. Another exception is while the validity
of a transfer of land must, as a rule, be
determined by the lex situs. The validity of a
contract to transferred, is determined by the
proper law of the contract. So. the reason for this
is – while the transfer of land involves title
thereto. A mere contract to transfer is a personal
contract that does not create rights.
Lex situe is also applicable to personal property.
Naa pod exceptions there are also exceptions.
First, when it comes to moving objects, okay? If
the personal property is tangible, it is also called
Chose in Possession. And has a fixed tax situs.
And has a fixed situs, there is no problem. Fixed
iyang situs. But there are many different kinds of
personal properties that do not have fixed situs.
Like those that are usually in motion or have
changing situs. Like vessels or goods in transit
or intangible personal properties. Like rights, or
shares of stock in a corporation which because
they have no material existence, do not also have
material or tangible situs.
The said personal properties which are usually in
motion or do not have tangible existence are
thus given artificial or constructive situs. What
constructive situs are given to choses in
possession that are usually in motion? For
vessels, in view of their inherent mobility, they
are governed by the law of the flag if it is a
public vessel. Unsay law of the flag? Unsa man
nang palitan, ang vessel? Iyahang flag is? Unsa
man? Kung unsa sya nga flag means country.
If it is a public vessel of course it is the law of
the flag. Because it is a public vessel owned by
the government. Kung unsa sya na country –
mao na iyahang constructive situs. The law of
the country or place of registry if it is a private
or commercial vessel.
 Cjc Conflict of laws tsn 2022
From the lectures of Atty. Jacquiline Brandares-Magdangal
ABPI, SINARIMBO, FURIA, BALDERAS, AND MELCHOR
If however the vessel is docked at a foreign port-
said port is deemed as its temporary situs. Goods
in transit are governed as follows – as to liability
for loss, destruction, or deterioration of goods in
transit – the law of destination is applied. As to
validity and affect of seizure of goods in transit
– they are governed by the law of the place
where the goods were seized, which is their
temporary situs. Disposition or alienation of
goods in transit is generally governed by the
proper law of the contract between the parties,
lex loci voluntatis, or the lex loci intentionis.

Q: What is lex loci voluntatis?

A: It is the law of the place that the parties
voluntarily selected for themselves.
Q: How about lex loci intentionis?
A: It is the law of the place intended by the ANNEX
parties to the contract.

As to disposition or alienation of goods in transit

– it is governed by the proper law of the
contract. The reason is obvious, such disposition
or alienation is affected through a contractual
obligation. In some states however the transfer
of title to chattels is governed by the law of the
place where the chattels are located at the time
of the transfer. And this will ordinarily be
recognized in any other state where the chattels
are brought or transferred. So, we will continue
later on. We will discuss also lex lex loci
voluntatis, or the lex loci intentionis.

17
 Cjc Conflict of laws tsn 2022
From the lectures of Atty. Jacquiline Brandares-Magdangal
ABPI, SINARIMBO, FURIA, BALDERAS, AND MELCHOR

18