Article 15.

Laws relating to family rights and duties, or to the status, condition and legal capacity of
persons are binding upon citizens of the Philippines, even though living abroad. (9a)

Corelated with Art. 194 and Art 195

1. The Family rights and duties of a person is determined by his national law.
2. Support includes food, shelter, clothing, medical exp, transportation

Doctrine of Processual Presumption - if the foreign law is not properly pleaded and proved. Our courts
will presume that the foreign law is the same as our local or domestic law.

Paternity – status of being a parent to a child. rights and duties of parent.

Filiation – status of being a child to a parent. Obey parents

Capacity (Art. 37)

Juridical Capacity – fitness to be the subject of legal relations. Inherent to natural person. Loss = Death

For corporations or entities created by the law they begin to have juridical capacity on the date they are
created.

Capacity to Act – ability to make actions with legal binding consequences. The degrees vary

2 Theories on Personal Law

Domicile Law – personal laws of a person are determined based by his domicile

Domicile – the place where a person currently resides

Animus Manendi – intent to stay

Animus Revertendi – intent to return

National Theory – basis for determining the personal laws of an individual is his nationality or citizenship

1. Between a Filipino and a Filipina who married here in the Phils. There can be no divorce
2. A Foreigner and a Filipina who marry here in the Phils. But obtained the decree of divorce
abroad, are divorced according to Phils. Law so long as the divorce decree is recognized here in
the Phils.
3. In order for a Filipino spouse to marry again, the divorce decree must capacitate him to marry
again.
4. The existence of the divorce decree and the foreign law on divorce , in order to be given
recognition in the Phils. Must be pleaded and proved in accordance to our rule of evidence.
5. It is no longer important if the divorce decree is obtained by the filipino spouse, by the foreigner
or both