BENITO NOTES

CHAPTER 2
CHOICE OF LAWS PRINCIPLES

Principle 1: Local Law

- cite US law sa mga principles

- The problem of renvoi

- it is when a local law requires the forum court to apply a foreign law to the case in dispute. The foreign
law in turn directs the application of the law of the forum court to the case under consideration. Thus, there is
a reference back to the local laws of the forum court.

- to solve this problem:

- the local court must after looking at the conflicts of law rules of the foreign state, apply the
directive of the latter’s laws. If the directive is the application of the forum court’s laws, the court must
then ff this to put an end to the endless throwing back of the case (Aznar vs Garcia).

- renvoi (definition):
- a jural matter is presented which the conflict of laws rule of the forum refers to a foreign law, the
conflict of laws rule of which, in turn, refers the matter back again to the law of the forum. German:
Rucverweisung.

- doctrine of renvoi:
- it is that the court of the forum, in determining the question before it, must take into account the
whole law of the other jurisdiction, but also its rules as to conflict of laws and then apply the law to the
actual question which the rules of the other jurisdiction prescribe. This may be the law of the forum.

Principle 2: Needs of the Interstate and International Systems

- courts must consider the needs of the interstate and international systems in determining the applicable
law.
- if we apply only local laws that favor the interest of the forum state, this would unduly stifle the growth of
free trade and discourage people from trading with their counterparts in other countries.
- to prevent this to happen

Principle 3: Relevant Policies of the Forum (internal)

- policies of the forum take primordial consideration when considering the applicable law to a case. Each
forum considers certain values to be of highest import to them.
- E.g. in US = fairness and due process; PH = protection for labor to be of highest import.
Cadalin et al vs POEA Administrator
Dacasin vs Dacasin

- What is public policy?

When:
1. They cannot contractually waived;
2. They protect against otherwise inequitable results; and
3. They promote the public interest (Benito, 2020, p. 51).

Principle 4: Relevant Policies of Other Interested States

- indulges courts to engage in a governmental interest analysis when two states have conflicting laws and
interests.

- governmental interest analysis:

- courts compare the laws and interests of two states, determine if there is a real conflict; if a real conflict
exists, apply the law of the state whose interest is more impaired.

- three steps in resolving choice-of-law issues (GIA):

First, the court determines w/n the relevant law of each of the potentially affected jurisdictions
with regard to the particular issue in question is the same or different;
Second, if different, the court examines each jurisdiction’s interest in the application of its own law
under the circumstances of the particular case to determine whether a true conflict exists;
Third, if there is conflict, it carefully evaluate and compare the nature & strength of the interest of
each jurisdiction in the application of its own law:
“to determine which state’s interest would be more impaired if its policy were subordinated to
the policy of the other state” ; and then ultimately applies “the law of the state whose interest would
be the more impaired if its law were not applied”.

*GIA is rarely employed by Ph court.

Butler vs Adoption Media, LLC

- why important?
- to consider the interest of other states since commercial transactions involve people located in several
jurisdictions which have conflicting interests in a transaction.

Principle 5: Protection of Justified Expectations

Francisco vs Stolt

Principle 6: Basic Policies Underlying the Particular Field of Law

Hancock vs Watson

Principle 7: Certainty, Predictability and Uniformity of Result

Define Res Judicata and Stare Decisis

Principle 8: Ease in the Determination and Application of the Law to be Applied

Proof of foreign law (RoC, Rule 132, SEc. 24-25)

Scrivener’s Error

Assignment:
Read Chapter 5 of Benito;
Next meeting oral recitation

CHAPTER 5
CITIZENSHIP AND DUAL NATIONALITY

Citizenship:
- a person’s membership in a particular state.
- brings with it duties of loyalty and allegiance, that is why multiple citizenship is frowned upon, esp., in times of
war.
- why there is conflict of law?
- differing nationalities, they bring with it complications in the application of their national laws and the
interaction of these national laws with the laws of other states.
- a person with an alien citizenship brings forth a foreign element that triggers a conflict of law situation.

- people no longer act because they are nationals of this or that country but they act because this is what is good
for them and their families.
- war is no longer an instrument of state policy.

How Acquired:
1. by birth; or
2. by naturalization.
- SEC. 1, ART. 4, 1987 CONSTI.
- Section 1. The following are citizens of the Philippines:
1. Those who are citizens of the Philippines at the time of the adoption of this Constitution;
2. Those whose fathers or mothers are citizens of the Philippines;
3. Those born before January 17, 1973, of Filipino mothers, who elect Philippine Citizenship upon
reaching the age of majority; and
4. Those who are naturalized in the accordance with law.
(No. 2&3 by birth; No. 4 naturalization; No.1 by birth or by naturalization).

Citizenship at Birth:
- 2 principles:
- jus sanguinis - through blood relationship with parent
- jus soli - by being born within the territorial boundaries of a state

- US is Jus Soli; while PH is Jus Sanguinis

-Multiple Citizenship:
- acquired by simultaneous application of the aforementioned doctrines.

Natural Born Citizenship:

- SEC.2 ART. 4, 1987 CONSTI.
- Section 2. Natural-born citizens
- are those who are citizens of the Philippines from birth without having to perform any act to
acquire or perfect their Philippine citizenship. Those who elect Philippine citizenship in accordance with
paragraph (3), Section 1 hereof shall be deemed natural-born citizens.
- Naturalization:
- refers to the acquisition of citizenship by the performance of some Positive Act, e.g., applying with
appropriate authorities to become a citizen of that state. In PH, we have CA No. 473, or the Revised Naturalization
Law and RA 530.

- Bengson III vs HERT (2001)

- Repatriation
- results in the recovery of the original nationality. This means that a naturalized Filipino who lost
his citizenship will be restored to his prior status as a naturalized Filipino Citizen. On the other hand, if
he was originally a natural-born citizen before he lost his PH citizenship, he will be restored to his
former status as a natural-born Filipino.

- in herein case, respondent subsequently reacquired his PH citizenship under RA 2630

(1960).
- Section 2. Natural-born citizens are those who are citizens of the Philippines from birth without
having to perform any act to acquire or perfect their Philippine citizenship. Those who elect Philippine
citizenship in accordance with paragraph (3), Section 1 hereof shall be deemed natural-born citizens.

- respondent was not required by law to go through naturalization proceedings in order to reacquire
his citizenship he is perforce a natural-born Filipino. As such he possessed all the necessary qualification
to be elected as member of the HR.

Foundlings are Natural-Born Citizens:

- Foundlings or those abandoned children with no known natural parents, are natural-born citizens
because they are natural parents, are natural-born citizens because they are not an excluded class under the
Constitution.
- they are citizens under international law. Under 19878 CONSTI., an international law can become part
of the sphere of domestic law by: doctrine of transformation or incorporation.

- Doctrine of Transformation requires that an international law be transformed into a domestic law
through local legislation.

- Doctrine of Incorporation generally accepted principles of international law by virtue of

incorporation clause of the Constitution, form part of the laws of the land even if they do not derive from
treaty obligations.
- SEC. 2, ART. 2
The Philippines renounces war as an instrument of national policy, adopts the generally
accepted principles of international law as part of the law of the land and adheres to the policy of
peace, equality, justice, freedom, cooperation, and amity with all nations.

- Poe-Llamanzares vs COMELEC(2016):
- foundlings are as a class, natural born citizens.
- Art. 14, 1930 Hague Convention, “foundling is presumed to have the nationality of the country of
birth”.
- Art. 3, 1961 UN Convention on the Reduction of Stateless, “foundling is presumed born of citizens of
the country where he is found”.
- PH is not signatory to both Conventions, but PH is a signatory to UDHR, Art. 15(1) affirms the
aforementioned provisions of the Hague and UN Convention on the Reduction of Stateless.
- the Court cited the ruling of Bengson III vs HRET.

- Djumantan vs Domingo (1995)

- there is no law guaranteeing aliens married to PH citizens the right to be admitted much less to be
given permanent residency in the Phils.
- Marriage of an alien woman to PH husband does not ipso facto make her a PH citizen and does not
excuse her from her failure to depart from the country upon the expiration of her extended stay here as an
alien (Joaquin vs Galang [1970]).

Importance of Citizenship:
- because it is the source of rights.
- it defines voting rights the right to hold public office.
- the right of suffrage is only available to Filipino citizens, and for those with dual nationalities,
- they are even required to make some form of renunciation.

- derivative citizenship, a benefit derived from being the child or spouse of a citizen of a state.
Relation to Conflict of Laws:
- citizenship is relevant to COL because certain states require the application of a state’s laws to certain matters
affecting its citizens.

- In PH we have Art. 15 and 16 of the NCC.

- our laws do not tolerate dual allegiance, the same being inimical to national interest.

- where the application of the laws of 2 or more states results in a situation where a person becomes a citizen of 2
or more countries, the same necessarily poses a COL problem.

- hence, requires the courts to harmonize and reconcile conflicting law of several states.

Dual Allegiance:
- dual citizenship is the state of having 2 or more citizenship,
- dual allegiance is the state of having dual or multiple allegiances to several states.
- SEC. 5, ART. 4, 1987 CONSTI.
Dual allegiance of citizens is inimical to the national interest and shall be dealt with by law.
- xxx shall be dealt with by law, but no specific law has as yet been enacted to deal with this kind of
problem, and it’s possible that such law will be long in the making, or it may not even come at all, in view of
global developments leading to a post-national world.

- with RA 9225, congress has now allowed dual allegiance for Filipino, as the law allows former Filipinos to
reclaim their old citizenship without them renouncing their present citizenship.
- Hence, there is a double standard in the sense that while naturallized citizens are not allowed to have dual
allegiance, the same does not apply to natural-born citizens.

-Mercado vs Manzano (1999)

- dual citizenship is different from dual allegiance. The former arises when, as a result of concurrent
application of the different laws of 2 or more states, a person is simultaneously considered a national by the
said states.

- dual allegiance, refers to the situation in which a person simultaneously owes, by some positive act,
loyalty to two or more states. While dual citizenship is involuntary, dual allegiance is the result of an
individual’s volition.

- by filing CoC when he ran for his present post, respondent elected PH citizenship and in effect
renounced his American citizenship. By filing such, sufficed to renounce his American citizenship, effectively
removing any disqualification he might have as a dual citizen.

- xxx as far as the laws of this country are concerned, respondent effectively repudiated his American
citizenship and anything which he may have said before as a dual citizen.

Expatriation (Sec. 3, Art. 4, 1987 Consti.):

- Section 3. Philippine citizenship may be lost or reacquired in the manner provided by law.
- It is the commission of an act that results in the loss of his citizenship.

- under CA no. 63, a citizen may lose his citizenship by the commission of any of the following
acts:
- SECTION 1. How citizenship may be lost.—A Filipino citizen may lose his citizenship in any
of the following ways and/or events:
(1) By naturalization in a foreign country;
(2) By express renunciation of citizenship;
(3) By subscribing to an oath of allegiance to support the constitution or laws of a foreign
country upon attaining twenty-one years of age or more; Provided, However, That a Filipino may
not divest himself of Philippine citizenship in any manner while the republic of the Philippines is at
war with any country.

(4) By accepting commission in the military, naval or air service of a foreign country; Provided,
that the rendering of services to, or the acceptance of such commission in, the armed forces of a
foreign country, and the taking of an oath of allegiance incident thereto, with the consent of the
Republic of the Philippines, shall not divest a Filipino of his Philippine citizenship if either of the
following circumstances is present:
(a) The republic of the Philippines has a defensive and/or offensive pact of alliance with
the said foreign country;
(b) The said foreign country maintains armed forces on Philippine territory with the
consent of the Republic of the Philippines:
 b.a. Provided, That the Filipino citizen concerned, at the time of rendering said
service, or acceptance of said commission and taking the oath of allegiance incident
thereto, states that he does so only in connection with his service to said foreign country:
b.b. And Provided, finally, that any Filipino citizen who is rendering service to, or is
commissioned in, the armed forces of a foreign country under any of the circumstances
mentioned in paragraph (a) or (b), shall not be permitted to participate nor vote in any
election of the Republic of the Philippines during the period of his service to or
commission in, the armed forces of said foreign country. Upon his discharge from the
service of the said foreign country, he shall be automatically entitled to the full enjoyment
of his civil and political rights as a Filipino citizen;

(5) By cancellation of the certificate of naturalization;

(6) By having been declared, by competent authority, a deserter of the Philippine army, navy or
air corps in time of war, unless subsequently a plenary pardon or amnesty has been granted; and
(7) In the case of a woman, upon her marriage to a foreigner if, by virtue of the law in force in
her husband’s country, she acquires his nationality. *book, *law

- Note: under SEC. 4 Citizens of the Philippines who marry aliens shall retain their
citizenship, unless by their act or omission they are deemed, under the law to have renounced it
(Art. 4, 1987 Consti.)

- Board of Immigration Commissioners vs Go Callano (1968)

- their prolonged stay from the Philippines and recognition by an alien father are not expatriating act.
- “any question as to whether a person possesses the nationality of a particular state should be
determined in accordance with the laws of that state (Hague Convention)
- recognition of the petitioners by their alien father is not among the ground for losing PH citizenship
under PH law, and it cannot be said that the petitioners lost their former status by reason of such recognition,
- renunciation cannot be cited in support of the conclusion that petitioner lost their PH citizenship
because the law requires, express renunciation, which means, a renunciation that is made known distinctly
and explicitly and not left to inference or implication; a renunciation manifested by direct and appropriate
language.

Citizenship Retention and Re-acquisition Act (RA 9225 of 2003)

- This law allows former PH citizens to repatriate themselves by taking the oath of allegiance to the RP
without renouncing their present citizenship.
- SEC. 4. Derivative Citizenship. — The unmarried child, whether legitimate, illegitimate or
adopted, below eighteen (18) years of age, of those who re-acquire Philippine citizenship upon effectivity of
this Act shall be deemed citizens of the Philippines.

- those who repatriate themselves under this law are deemed to be natural-born citizens of the PH for they do
not have to perform any act to acquire or perfect their PH citizenship.
- this law also benefits adopted children who are minor when they were adopted by their PH parents. The
nationality of the adopted children does not matter as the source of their right to become Filipino is the
nationality of their adopting parents.

- what is the main drawback of several citizenship?

-it is in the area of taxation.

- Jacot vs Dal (2008)

- petitioner is disqualified from running as a candidate for his failure to make a personal and sworn
renunciation of his US citizenship.
- SEC. 5 ( c ) of RA 9225 compels natural-born Filipinos who have been naturalized as citizens of a
foreign country, but who reacquired or retained their PH citizenship:
1. To take oath of allegiance under Sec. 3 or RA 9225; and
2. For those seeking elective public offices in the PH, to additionally execute a personal and sworn renunciation of
any and all foreign citizenship before an authorized public officers, prior or simultaneous to the filing of their
certificates of candidacy, to qualify as candidates in PH elections.

- to qualify as a candidate, he must only have one citizenship, namely, PH citizenship.

-Sobejana-Condon vs COMELEC (2012)

-form of renunciation must be contained in an affidavit duly executed before an officer of the law who is
authorized to administer an oath stating in clear and unequivocal terms that affiant is renouncing all foreign
citizenship.
- the sworn renunciation of foreign citizenship is not a mere pro-forma requirement.

-Maquiling vs COMELEC (2013)

- use of foreign passport undoes an earlier renunciation of foreign citizenship. It is a positive and
voluntary act of representation as to one’s nationality and citizenship; it does not divest PH citizenship
 regained by the repatriation but it recants the Oath of Renunciation required to qualify one to run for an
elective position.
- citizenship requirement for elective public office is a continuing one. It must be possessed not just at
the time of the renunciation of the foreign citizenship but continuously. Any act which violates the oath of
renunciation opens the citizenship issue to attack.
- citizenship is not a matter of convenience.
- holding public office demands full and undivided allegiance to the Republic and to no other.

Re-acquisition vs Retention (RA 9225)

- two beneficiaries under this law.
- the first group refers to those who naturalized in a foreign country before the effectivitiy of said
law.
- they are deemed to reacquire their PH citizenship upon taking the oath of allegiance to the RP.
- they are not considered PH citizen during the period when they were naturalized in a foreign country to the
period when they took the oath of allegiance.

- the second, those who naturalized in a foreign country after such effectivity.
- deemed to retain their PH citizenship upon taking the same oath.
- considered PH citizen from the time they are naturalized in a foreign country to the time they took the oath
of allegiance to the republic; they never lost the same.

Practice of Profession:
- it is a privileged, therefore restricted to Ph citizens.
- a foreigner must first seek a license or permit from the appropriate public government authority.

- In Re: Petition to Re-Acquire the Privilege to Practice Law in the Philippines (2012)
- Muneses is entitled to resume his practice of law in the Philippines.
- PH citizenship is requirement for admission to the bar and is, in fact, a continuing requirement for the
practice of law. The loss thereof mean termination of the petitioner’s membership in the bar; ipso jure the
privilege to engage in the practice of law.
- under RA 9225, natural born citizens may reacquire their Ph citizenship upon taking an oath of
allegiance to the RP.
- however, it is not automatic with regards to the practice of law. Under RA 9225, it provides that a
person who intends to practice his profession in the PH must apply with the proper authority for a license of
permit.

Gen Principles in Dealing with Conflict of Nationality Laws: Hague Convention

- Article 1. each state determine its own law
- Article 2. as to whether a person possesses the nationality of a particular state shall be determined in accordance
with the law of that state.
- Article 3. a person having 2 or more nationality may be regarded as its national
- Article 4. however, the state may not afford diplomatic protection to one, of its nationals against a State whose
national such person also possesses.
- Article 5. In a third state, a person having 2 or more nationality shall be treated to have only one - the country in
which he is habitually and principally resident or the nationality of the country with which in the circumstances he
appears to be in face most closely connected to.
- Article 6. the person may renounce its nationality,with authorisation of the state whose nationality he desires to
surrender. Such authorisation may not be refused in the case of a person who has habitual and principal residence
abroad.

Citizenship under US Laws:

- Perez vs Brownell (1958)
- congress has the power to strip a person of his citizenship. Petitioner here was stripped off of his citizenship
for voting in a Mexican election.
- but according to later jurisprudence in Afroyim vs Rusk (1967):
- Congress power to stripped a person of his citizenship under Perez case cannot be sustained as and
implied attribute of sovereignty. In our (US) country the people are sovereign and the Government cannot
sever its relationship to the people by taking away their citizenship. The Congress (US) has no express power
to strip people of their citizenship, whether in the exercise of the implied power to regulate foreign affairs or
in the exercise of any specifically granted power.

RA 9225 and US Citizenship

- for Filipinos who have naturalized as Americans and who want to reacquire their PH citizenship RA 9225 they
can do so w/o worrying that they might by stripped of their US citizenship.
- US citizen need only answer “no” to the question of a consular officer is he intended to relinquish his US
citizenship.

CHAPTER 6
 DOMICILE

Domicile:
- the relation which the law creates between an individual and a particular locality or country.
- it is where he has his true, fixed, permanent home, and principal establishment and to which, whenever he is
absent - he has intention of returning, and from which he has no present intent of moving.
- 2 elements:
1. Physical presence in a fixed place;
2. Animus manendi = intention to return permanently.
*a person may have several residences, but he can only have 1 domicile.

Kinds:
1. Domicile of Origin/Birth;
- domicile of parents
2. Of Choice;
- place chosen by a person to replace his former domicile
3. Of Operation of Law.
- assigned or attributed by law to a person.

Domicile and Citizenship:

- Distinguished:
D - synonymous to residence; requires both physical presence and animus revertendi or intent to return.
C - presumed from one’s domicile, but disputable.

Loss and Retention

1. Domicile may be lost through the performance of certain acts indicative of an intent to abandon domicile.
2. Acts indicative of domicile are person’s residence, membership in church, voting, holding office, paying taxes,
and ownership of property.
3. The question of domicile is determined by the law of the forum state.
4. Refugees and Asylum seekers, do not lose their domicile since they do not act with voluntariness in choosing
their place of residence.
- REQUISITES TO EFECT A CHANGE OF DOMICILE OF ORIGIN:
1. An actual removal or an actual change of domicile;
2. A bona fide intention of abandoning the former place of residence and establishing a new one;
3. Acts which correspond with the purpose.

- A Green Card holder implies abandonment of one’s Filipino citizenship.

Permanent Residency Overseas and The Process of Foreign Naturalization

Absentee Voting and Domicile
o ARTICLE 4, SECTION 1. Suffrage may be exercised by all citizens of the Philippines not otherwise
disqualified by law, who are at least eighteen years of age, and who shall have resided in the
Philippines for at least one year and in the place wherein they propose to vote for at least six
months immediately preceding the election. No literacy, property, or other substantive
requirement shall be imposed on the exercise of suffrage.
o RESIDENCY IS A REQUIREMENT and must conform with the Doctrine of Domicile so that
persons who have the intention of returning to their domicile may be allowed to vote despite
being absent thereat for a considerable time.
o SECTION 2. The Congress shall provide a system for securing the secrecy and sanctity of the
ballot as well as a system for absentee voting by qualified Filipinos abroad.

The Congress shall also design a procedure for the disabled and the illiterates to vote without the
assistance of other persons. Until then, they shall be allowed to vote under existing laws and such
rules as the Commission on Elections may promulgate to protect the secrecy of the ballot.

o Section 2 prescribes absentee voting by qualified Filipinos abroad.

o All Filipinos overseas may vote without demonstrating actual residency or domicile in the
Philippines.
o The subsequent legislation on Dual Citizenship (RA 9225) have allowed a dual citizens of the
Philippines to vote even though they lack the residency and domicile required by law.
o RA 10590 The Overseas Voting Act of 2013, the execution of affidavit is no longer required for
permanent residents abroad to exercise their right to vote.

RA 10590
Venue in Estate Proceedings
o Refers only to actual residence or place of abode and not to a person’s domicile.

CHAPTER 8
MARRIAGE & DIVORCE
Please read cases
Marriage in Conflict of Laws
 Conflict of laws arises in marriage due to the presence of a foreign element. This may appear where the
marriage is celebrated or where the parties to the marriage are citizens or nationals of different states,
thus, their capacity to contract is governed by their national laws.

Full Faith & Credit

o The Philippines gives full faith and credit to marriages celebrated abroad as matter of COMITY.
o Marriages celebrated outside the Philippines are valid and binding, UNLESS they violate public
policy or contravene our prohibitive laws.
o VALIDITY is adjudged according to the law of place where the marriage is celebrated.
o The REASON is that: the predictability and interstate order arising from society’s interest in
marriage. Society would disintegrate if marriages were only valid in the place of execution.

Importance of Marriage
1. All societies consider marriage as essential to the functioning of society. Marriage hold the
members together and prevent the disintegration of family life. It is an institution whose
maintenance the public is deeply interested, for it is the “foundation of the family and of society,
without which there would be neither civilization nor progress.”
2. ARTICLE 15 SECTION 2. Marriage, as an inviolable social institution, is the foundation of the
family and shall be protected by the State.
3. SECTION 3. The State shall defend:
The right of spouses to found a family in accordance with their religious convictions…

Marriages not subject of Recognition

4. INCESTUOUS MARRIAGES under Article 37 of Family Code
Art. 37. Marriages between the following are incestuous and void from the beginning, whether
relationship between the parties be legitimate or illegitimate:
(1) Between ascendants and descendants of any degree; and
(2) Between brothers and sisters, whether of the full or half blood.
5. VOID MARRIAGES
Art. 38. The following marriages shall be void from the beginning for reasons of public policy:

(1) Between collateral blood relatives whether legitimate or illegitimate, up to the fourth civil degree;

(2) Between step-parents and step-children;

(3) Between parents-in-law and children-in-law;

(4) Between the adopting parent and the adopted child;

(5) Between the surviving spouse of the adopting parent and the adopted child;

(6) Between the surviving spouse of the adopted child and the adopter;

(7) Between an adopted child and a legitimate child of the adopter;

(8) Between adopted children of the same adopter; and

(9) Between parties where one, with the intention to marry the other, killed that other person’s spouse, or his
or her own spouse.

6. POLYGAMOUS OR BIGAMOUS MARRIAGES under Article 35, Family Code

a) Art. 35. The following marriages shall be void from the beginning: (1) Those
contracted by any party below eighteen years of age even with the consent of parents
or guardians;

b) Those solemnized by any person not legally authorized to perform marriages unless
such marriages were contracted with either or both parties believing in good faith
that the solemnizing officer had the legal authority to do so;

c) Those solemnized without license, except those covered the preceding Chapter;

d) Those bigamous or polygamous marriages not failing under Article 41;

 e) Those contracted through mistake of one contracting party as to the identity of the
other; and

f) Those subsequent marriages that are void under Article 53.

7. SAME SEX MARRIAGES (Contracting parties must be male and female)

Civil Unions

 CIVIL UNIONS

o Other refers it as same sex unions.

o Civil Unions are a creation of statute where the rights and obligations of the parties are governed
by the law creating relationship. Hence, no husband-wife relationship is created in civil unions as
this kind of relationship inheres only in the traditional marriage relationship.

Divorce and Public Policy

o Article 17, Civil Code provides- “The forms and solemnities of contracts, wills, and other public
instruments shall be governed by the laws of the country in which they are executed.”

o Thus, the courts are mandated not to recognize judgments issued by foreign countries when to do so
would violate the public policy of our government.

Limited Recognition of Divorce

o The non-recognition of divorce will work injustice and unfairness to Philippine nationals, the same may
be given limited recognition in our jurisdiction.

o Hence, if the divorce decree prejudices the rights of a Philippine citizen, our courts are more than willing
to give effect thereto.

Rule 108 correction of entries corpus case

Right to Re-marry after Divorce

o Filipino citizens whose foreign spouses have obtained a divorce abroad are capacitated to remarry under
our laws.

o Art. 26, 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 Articles 35 (1), (4), (5) and (6), 3637 and 38.

Where a marriage between a Filipino citizen and a foreigner is validly celebrated and a divorce is
thereafter validly obtained abroad by the alien spouse capacitating him or her to remarry, the
Filipino spouse shall have capacity to remarry under Philippine law.

o It is important that the divorce be JUDICIALLY RECOGNIZED FIRST by Philippine Courts before the
Philippine national can rely on the effects of the divorce.

Recognition of Foreign Divorce and Correction of Entry

o Section 2 Rule 108 of the Rules of Court (special proceeding for correction of entry in the civil registry),
the entries pertaining to marriage, judgments of annulments of marriage and judgments declaring
marriages void from the beginning may, among others, in the civil register may be cancelled or corrected
upon petition by a party.

o Section 1 of the Law on registry of Civil Status specifically requires the registration of divorce decrees in
the civil registry.
 o To avoid multiplicity of suits, both recognition of divorce and the correction of entry may now be made in
RULE 108 proceeding. The rule also include the recognition of the foreign divorce itself.

o Thus, there is no need to file an initial petition for recognition since the establishment of authenticity and
validity of the foreign divorce may now be made under Rule 108 proceeding itself.

Nature of Recognition of Foreign Divorce Proceedings

o foreign laws as well as the authenticity of the documents obtained from foreign courts and offices.

o These are proceedings with sole objective of giving effect to a foreign judgment. Not to review the
judgment of the foreign court. Since Philippine courts are not allowed to relitigate the issues already
settled by a foreign court. It is already res judicata to the case.

o Foreigners may petition for the recognition of foreign divorce so long as foreign judgment affects his
status or condition as a person.

CHAPTER 9
WILLS & SUCCESSION

Conflict of Laws in Succession

- COL occurs all too frequently especially when there is a foreign element involved.
- The law of a foreign country is implicated and they should be harmonized with our laws to determine the
successional rights of individuals.

Definition
- Succession:
is a mode of acquisition by virtue of which the PRO to the extent of the value of the inheritance, of a
person are transmitted through his death to another or others either by his will or by operation of law (Art.
774).

- Types of Succession:
testamentary, intestate, or mixed (Art. 778)

- Testamentary Succession:
That which results from the designation of an heir, made in a will executed in the form prescribed by
law.

- Intestate Succession:
Occurs when a person dies without leaving a will

- Mixed:
Mixture of both testate and intestate succession.
- Will:
An act whereby a person is permitted, with the formalities prescribed by law, to control to certain degree
the disposition of his estate, to take effect after his death (Art. 783).

-Holographic Will
A handwritten will signed by the testator himself. HW may be in any form, requires no witnesses, and
may be made in/outside of the Philippines (Art. 810).

Extrinsic Validity of Wills

- will are governed by the law of the country in which they are executed:
The forms & solemnities of contracts, wills, and other public instruments shall be governed by laws of
the country in which they are executed.
When the acts referred to are executed before the diplomatic or consular officials of the RP in a foreign
country, the solemnities established by PH laws shall be observed in their execution (Art. 17).
Lex loci celebrationis

- Art. 815 allows a Filipino to execute a will:

In any forms established by law of the country in which he may be.

- Art. 816 allows an Alien who is abroad to execute a will according to the formalities:
Prescribed by the law of the:
a) place in which he resides, or
b) according to the formalities observed in his country, or
 c) in conformity with those which this Code prescribes.

- Why Formalities are important?

- because the will have to be validated during probate proceedings. Any deviation thereof may mean the
will would not be allowed and the will, will not be enforced/followed.
- Additional provisions of the NCC with the formalities of wills:
Art. 817, 818, 819, & 829.

-If there are certain formalities in foreign countries which may be different from PH laws,
they will be deemed valid so long as they are not violative of PH public policy.

- One need only prove the foreign law on the matter and the will may be then be probated
or allowed in the PH:
If not proved, processual presumption arises and PH law will take place of the foreign law.

Allowance of Will Proved Outside of the Philippines

- wills proved outside PH may be allowed in the PH:
May be allowed, filed and recorded by the proper CFI in the Philippines (Sec. 1, Rule 77, RoC).

- Petition for allowance:

By the executor or other person interest, in the court having jurisdiction, such court shall fix a time and
place for the hearing and cause notice thereof to be given as in case of OG will presented for allowance (Sec. 2)

- Effect if will is allowed:

If it appears in the hearing that the will should be allowed:
a) The court shall so allow it, and
b) a certificate of its allowance,
c) signed by the judge,
d) and attested by the seal of the court, to which shall be:
i. Attached a copy of the will, shall be filed and recorded by the clerk, and
ii. the will shall have same effect as if originally proved and allowed in such court (Sec.
3).
iii.
- How estate is administered:
A) The court shall grant letters testamentary, or letters if administration (with the will annexed) and such letter
shall extend to all the estate of the testator in the PH.
B) Such estate, after payment of just debts and expenses of administration, shall be disposed of according to such
will, so far as such will may operate upon it; and
C) The residue, if any shall be disposed of as is provided by law in cases of estates in the Ph belonging to persons
who are inhabitants of another state or country (Sec. 4).

- A will duly probated in foreign country:

- May also be allowed in PH by filing of a petition for allowance.
- Authenticated copy of the decree of allowance from the foreign court be duly attached to the petition to
comply with the rules on proof of foreign law and proof of foreign documents.
- foreign will may be reprobated in the PH (Dalton v Giberson).

Intrinsic Validity of Will

- it refers to the validity of the dispositions made by the decedent.
- e.g. certain jurisdictions provide for legitimes of compulsory heirs
-Legitimes:
That part of the Tr property which he cannot dispose of because the law has reserved it for compulsory
heirs.
Compulsory Heirs:
Legitimate children, legitimate parents, surviving spouse, and illegitimate children (Art. 886 - 887).
Dalton vs Giberson
(rule 77)

CHAPTER 10
ADOPTION

Adoption
- governed by the law of the place where it is made.
- adoptions made in one jurisdiction are usually recognized in other jurisdiction.
- form of comity which is accorded to co-equal sovereigns.
- adoptions made overseas are considered valid in our country, provided: they are compliant with the laws of
the place where it is made.
- such as it may be duly registered in our civil registry

Marcaida vs Aglubat
- adoption proceedings CFI-Madrid, Spain.
- Josefina Ramirez Marcaida, a filipino citizen and a resident of Madrid.
- Local Registry refused to register the document
- petitioner filed a mandamus with CFI-Manila
- such adoption is registrable in the Philippines.
- Art. 409, NCC:
- Article 409. In cases of legal separation, adoption, naturalization and other judicial
orders mentioned in the preceding article, it shall be the duty of the clerk of the court which
issued the decree to ascertain whether the same has been registered, and if this has not been
done, to send a copy of said decree to the civil registry of the city or municipality where the
court is functioning. (n)

- private international law offers no obstacle to recognition of foreign adoption. It will be

recognized, in this country, except where public policy or the interests of its inhabitants forbid its
enforcement and demand the substitution of lex fori,
- foreign country is entitled to registration in the corresponding civil register in the Philippines.
However, the effects of such adoption shall be governed by the laws of this country.

Applicable Law at Time of Adoption

- Child and Youth Welfare Code, aliens had the right to adopt in our jurisdiction
- Family Code (Aug. 3, 1988) disallows it.
- Petitions for adoptions and adoptions made prior to its enactment is considered valid.
- this is in view of the theory of vested right and non-retroactivity of laws. Also, it would be in violation of
due process if the law were made retroactive.

Republic vs Miller
- w/n US citizens are allowed to adopt in the PH
- Yes, at that time under the Child and Youth WC.

Resident and Non-Resident Aliens May Adopt

Domestic and Inter-country Adoption

- two laws on adoption:

1. Domestic Adoption Act of 1988 (RA 8552);
a) Aliens allowed to adopt provided:
i. His/her country has diplomatic relations with PH
 ii. Has been living in the PH for at least 3 continuous years prior to filing of the application for
adoption, and maintains such residence until adoption decree
iii. He/she has been certified by the diplomatic/consular office/any appro.agency in his/her
country;
iv. His/her country allows the adoptee to enter his/her country as his/her adopted son/daughter

2. Inter-Country Adoption Act of 1995 (RA 8043)

a) No residency required as stated in RA 8552
b) Defined as:
i. The socio-legal process of adopting a Filipino child by a foreigner or a PH citizen permanently
residing abroad where the petition is filed, the supervised trial custody is undertaken and the
decree of adoption is issued outside the PH.
ii. Inter-country adoption should be the last resort, domestic adoption is still preferred.
iii. Nationality principle
iv. Comity and reciprocity
1. Hence,there must be diplomatic relations between the country of the adopting parents and
the adopted child.
v. Its judicial proceedings shall be governed by RoC
vi. When a decree of adoption is issued by the foreign court, the same shall be recorded with the
appropriate foreign and local civil register.
1. Recording is an effective way of recognizing the adoption of the child both locally and
internationally.