nr vo4auwz| 8Facuuty or Crvit Law (1734) CIVIL LAW 2021 GOLDEN NOTES FACULTY OF CIVIL LAW UNIVERSITY OF SANTO TOMAS MANILAThe UST GOLDEN NOTES is the annual student-edited bar review material of the University of Santo Tomas, Faculty of Civil Law. Communications regarding the Notes should be addressed to the Academics Committee of the Team: Bar-Ops Address: Academics Committee UST Bar Operations Faculty of Civil Law University of Santo Tomas Espafia, Manila 1008 Tel.No: (02) 731-4027 (02) 406-1611 loc. 8578 Academics Committee Faculty of Civil Law University of Santo Tomas Espafia, Manila 1008 All rights reserved by the Academics Committee of the Faculty of Civil Law of the Pontifical and Royal University of Santo Tomas, the Catholic University of the Philippines. 2021 Edition. No portion of this material may be copied or reproduced in books, pamphlets, outlines or notes, whether printed, mimeographed, typewritten, copied in different electronic devises or in any other form, for distribution or sale, without a written permission. A copy of this material without the corresponding code either proceeds from an illegal source or isin possession of one who has no authority to dispose the same. Released in the Philippines, 2021.ACADEMIC YEAR 2020-2021 CIVIL LAW STUDENT COUNCIL LYODYCHIE Q.CAMARAO. PRESIDENT MARIA FRANCES FAYE R. GUTIERREZ VICE PRESIDENT INTERNAL ‘STEPHEN FLOYD A. GOPEZ VICE PRESIDENT EXTERNAL KRYSTAL GAYLE R. DIGAY ‘SECRETARY, NATHAN RAPHAEL D.L. AGUSTIN ‘TREASURER GIAN JUSTIN E. VERONA PUBLICRELATIONS OFFICER IRIS ABIGAIL C. PORAQUE CHIEF-OF-STAFF UST BAR-OPS KRIZA NINA B. MALALUAN CHAIRPERSON ELISHA ELAINE D. BAYOT VICE-CHAIRPERSON INTERNAL JOSEPHINE GRACE W. ANG VICE CHAIRPERSON EXTERNAL MARINETTE M. SOBREVILLA SECRETARY ‘SARAH ANGELA D. EVA HEAD, PUBLIC RELATIONS OFFICER REBECCA JOY M. MALITAO HEAD, FINANCE COMMITTEE JEDIDIAH R. PADUA HEAD, HOTEL ACCOMMODATIONS COMMITTEE SABINA MARIA H. MABUTAS ASST. HEAD, HOTEL ACCOMMODATIONS COMMITTEE JOEMARI MATHEW R. AGARIN HEAD, LOGISTICS COMMITTEE JOHN FREDERICK A. NOJARA LOGISTICS COMMITTEE KIER JOHN V. UY LOGISTICS COMMITTEE CHRISTINE JOYCE P. ANDRES ‘SENIOR MEMBER ELOUISA ANN D.C. CARREON ‘SENIOR MEMBER NICOLE MARIE A. CORTES ‘SENIOR MEMBER PATRICIA MAE D. GUILLERMO ‘SENIOR MEMBER GLENN MATTHEW C. MANLAPID ‘SENIOR MEMBER CIARIT. MENDOZA ‘SENIOR MEMBER MARYLOU RENZI M. OLOTEO ‘SENIOR MEMBER LOUELLE JUDE B. QUE ‘SENIOR MEMBER JAMES ROSS L TAN ‘SENIOR MEMBER ATTY. AL CONRAD B. ESPALDON ADVISERACADEMICS COMMITTEE 2021 MARIA FRANCES FAYE R. GUTIERREZ SECRETARY GENERAL NATHAN RAPHAEL D.L, AGUSTIN ASST. SECRETARY GENERAL JOHN EDWARD F. FRONDA EXECUTIVE COMMITTEE ANGEL ISAH M. ROMERO EXECUTIVE COMMITTEE KIRBY ANNE C. RENIA EXECUTIVE COMMITTEE KAREN ABBIE C. ASPIRAS EXECUTIVE COMMITTEE JOSE CHRISTIAN ANTHONY I. PINZON EXECUTIVE COMMITTEE MARIA FRANCES FAYE R. GUTIERREZ LAYOUT ARTIST CIARIT. MENDOZA COVER DESIGN ARTIST CIVIL LAW COMMITTEE 2021 MARY JOS. REYES ‘IVIL LAW COMMITTEE HEAD. MARIELLEE. RAMACOLA ‘ASST. HEAD, CREDIT/PROPERTY CARA ANGELA N. FLORES ASST. HEAD, PERSONS AND FAMILY RELATIONS/ OBLIGATIONS AND CONTRACTS FLOREE FAYE F. PINZON ASST. HEAD, SUCCESSION/LTD MARY JO S. REYES ‘ASST. HEAD, TORTS ANTHONY LUIGIB. DE VERA ‘ASST. HEAD, SALES/PAT MEMBERS PIO VINCENT R. BUENCAMINO CHRISTIAN JADE R. RABINO LAWRENCE JERICHO B. ORTIZ JESSAMINE DENISE W. VALDES KRISTINE H. SERRANO CHANELLE MIKAELLA T. ISIDRO KARA C. RAMOS JOANNA A. PAZ ANGELA MAY S. ALFONSO LARRY MARK S. MORALES ‘ABIGAIL P. MANALOTO HEATHER MARIAN M, AMOROSO CLARISSE M. LIBAN LANDREL M. MATAGA ATTY. KENNETH JAMES CARLO C. HIZON ATTY. KING JAMES CARLO C. HIZON ATTY. JOSHUA BARRIETA AdvisersACADEMICS COMMITTEE 2020 AYADOMINIQUE S. CAPARAS SECRETARY GENERAL MARIA FRANCES FAYE R. GUTIERREZ. ASST. SECRETARY GENERAL RUTH MAE G. SANVICTORES EXECUTIVE COMMITTEE NICOLEG. AMANTE EXECUTIVE COMMITTEE JAYSON GABRIEL R. SORIANO EXECUTIVE COMMITTEE CARA ANGELAN. FLORES EXECUTIVE COMMITTEE IANA CASSANDRA Y. ESMILE EXECUTIVE COMMITTEE AYA DOMINIQUE S. CAPARAS LAYOUT ARTIST CIARIT. MENDOZA COVER DESIGN ARTIST CIVIL LAW COMMITTEE 2020 FLOREE FAYE F. PINZON CIVIL LAW COMMITTEE HEAD MA. SELYNA V. RONO ASST. HEAD, CREDIT/PROPERTY MARY JO S. REYES ASST. HEAD, PERSONS AND FAMILY RELATIONS/ OBLIGATIONS AND CONTRACTS FAITH MARIE A. FLORES ASST. HEAD, SUCCESSION/LTD KATELYN LEANDER ‘ASST. HEAD, TORTS FEBREA AREM R. MERCADO ASST. HEAD, SALES/PAT MEMBERS JOSE CHRISTIAN ANTHONY 1 PINZON MARIE ANGELICA A. CORDOBA LAWRENCE MENDOZA ‘AIREL KIM P. GUANGA HAIDEE AMABEL T. UY ARLEIGH SHAYNE A. CASTILLO DANICE GO GAN JOANNAH KIMBERLY R. GAMBOA JHEA VERONICA V. MENDOZA FRANZ G. PAROHINOG ANDREA D.G. GONZAGA PATRICK PAREDES ANGELICA RUIZ ATTY. KENNETH JAMES CARLO C. HIZON ATTY. KING JAMES CARLO C. HIZON ATTY. LOVERLY AMODO BARQUEZ ATTY. JOSHUA BARRIETA. AdvisersFACULTY OF CIVIL LAW UNIVERSITY OF SANTO TOMAS ACADEMIC OFFICIALS ATTY. NILO T. DIVINA REV. FR. ISIDRO C. ABANO, 0.P. DEAN REGENT ATTY. ARTHUR B. CAPILI FACULTY SECRETARY ATTY. ELGIN MICHAEL C. PEREZ LEGAL COUNSEL UST CHIEF JUSTICE ROBERTO CONCEPCION LEGAL AID CLINIC JUDGE PHILIP A. AGUINALDO SWDB COORDINATOR LENY G. GADIANA, R.G.C. GUIDANCE COUNSELOROUR DEEPEST APPRECIATION TO OUR MENTORS AND INSPIRATION JUSTICE OSWALDO AGCAOILI DEAN AUGUSTO K. ALIGADA (+) ATTY. VINCENT Z. BOLIVAR ATTY. AMADO PAOLO C. DIMAYUGA ATTY. RAFAELITO M. GARAYBLAS (+) ATTY. RENE B. GOROSPE ATTY. JESUSA LAPUZ-GAUDIANO ATTY. ANICIA C. MARQUEZ ATTY. BENIGNO G. PAR, JR. ATTY. TEOFILO R. RAGADIO ATTY. MAURICIO C. ULEP JUDGE KATLYN ANNE AGUILAR-BILGERA JUDGE PHILIP A. AGUINALDO ATTY. RUBEN F. BALANE ATTY. ENRIQUE DELA V. CRUZ, JR. ATTY. IRVIN JOSEPH M. FABELLA ATTY. ALDEN FRANCIS C. GONZALES JUDGE GEORGINA D. HIDALGO DEAN MARIA LIZA A. LOPEZ-ROSARIO ASSOC. DEAN VIVIANA M. PAGUIRIGAN JUDGE MYRA B. QUIAMBAO. ATTY. CARLA E. SANTAMARIA-SENA ATTY. RIGOR PASCUAL For being our guideposts in understanding the intricate sphere of Civil Law. - Academics Committee 2021DISCLAIMER THE RISK OF USE OF THIS BAR REVIEW MATERIAL SHALL BE BORNE BY THE USERTABLE OF CONTENTS PART I-GENERAL PRINCIPLES L Effect and Application of Laws (Civil Code] Conflict of Laws (Private International Law) IL Human Relations (Arts, 19-22, Civil Code) PERSONS AND FAMILY RELATIONS L Persons and Personality (Civil Code) IL Marriage (Family Code) IIL Legal Separation (Family Code). IV. Rights and Obligations Between Husband and Wife (Family Code) V. Property Relations of the Spouses (Family Code) Vi. The Family (Family Code) ‘A. The family as an institution... B. The family home. VIL Paternity and Filiation (Family Code) VILL. Adoption. A. Domestic Adoption Act of 1998 (R.A. No. 8552).. . Whenallowed. Who can adopt. Adoptee... Effects of domestic adoption. Grounds for rescission of the adoption. 5. Effects of rescission of adoption .. B. Inter-Country Adoption Act of 1995 (RA. No. 8043) 1. Whenallowe 2. Who can adopt. 3. Adoptee... C. Distinction between domestic adoption and inter-country adoption IX. Support (Family Code) . X. Parental Authority (Family Code} Child Abuse Law (R.A. No. 7610), specifically Sec. 10 (c). XL Retroactivity of the Family Code (Art. 256)... XIL. Funerals (Arts. 305-310, XIII. Use of Surname: anaenn? ‘A. Use of surname by acl 160 B. Use of surname by amarried woman... "161 C. Valid grounds for change of name... 161 D. Middle names... 163 XIV. Absence... ‘A. Deciaration of absence (Art. 384, Civil Code) B. Presumption of Death, PART Il - PROPERTY L Characteristics ATL IL Classification. “ATL "181 193 "194 215 218 "229 248 VL. Quieting of Title. VIL. Co-ownership VIL Possession. IK. Usufruct.X. Easement. XI, Nuisance. XII. Modes of Acquiring Ownership .. XIII. Donation.. PART III- PRESCRIPTION 1 Definition.. Ul, Acqusitive Prescription. MI. Extinctive Prescription IV. Instances when prescription is not allowed .. Y. Prescription or limitation of actions PART IV - SUCCESSION 1 General provisions. I Testamentary Succession Will Non-delegability of will-making, ‘Testamentary capacity and intent |. Soundness of mind Formal validity of wills. Governing law as to substantive validity . ;. Notarial wills. |. Special rules for handicapped testators. ‘Substantial compliance. J. Witnesses. Holographic wills. Requirementsin case of alteration: Joint wills: Codi |. Incorporation by reference. . eo 324 . Revocation of wills ). Republication and revival of will |. Predecease, incapacity, and repudiation. ight of Representation. Collation Compulsory Heirs... \. Reserva Troncal. General provisions B. Order of intestate succession C. Right of representation. D. Iron curtain rule WV. Provisions common to testate and. ‘A. Right of accretion. B. Capacity to succeed by will or intestacy. 1. Persons incapable of succeeding. 2. Relative incapacity to succeed. V. Acceptance and repudiation of the inheritance VI. Partition andPART V- OBLIGATIONS L Definition, Elements. IL Sources of Obligations. IIL Nature and Effect of 0! ‘A. Pure and Conditional. B. Obligations with a Period. E. Divisible and Indivisible Obligations. V. Extinguishment of Obligation. ‘A. Payment or Perf B. Loss ofthe Thing Dus C. Condonation or Remissio D. Confusion or Merger of Rights E. Compensation. F. Novation... PART VI- CONTRACTS L Essential Requisites. IL Objects, Cause and Form of Contracts. IIL Reformation of Instruments. IX. Interpretation of Contract V. Rescissible Contracts... Vi. Voidable Contracts. VIL Unenforceable Contracts. VIL. Void and Inexistent Contracts PART VII- NATURAL OBLIGATIONS L Natural Obigations... IL Estoppel.. PART VIII- SALES IL. Nature and Form of Contract IIL Capacity to Buy or Sell. IV. Obligations ofthe Vendor. V. Obligations of the Vendes Vi. Effects of the Contract when the Thing Sold has been Los VIL. Remedies of the Parties. ‘A. Installment Sales Law or Recto Law. B. Realty Installment Buyer Act or Maceda Law. 514 VIIL Extinguishment of Sale 520 IK. Assignment of Credits. 534. PART IX- TRUST L. Classification of Trust... IL Kinds of Trust.. ‘A. Express Trust.. B. Implied Trust..PART X- PARTNERSHIP Contract of Partnership Il Rights and Obligations of Partnership. IL. Rights and Obligations of Partners Among Themselves IV. Obligations of Partnership/Partners to Third Person... V. Dissolution and Winding Up Vi. Limited Partnership.. PART XI- AGENCY L Nature, Form, and Kinds of Agency. I Obligations of the Agent. UL. Obligations of the Principal IV. Modes of Extinguishment of Agency. PART XIl - LEASE 1 General Principles. PART XIII - CREDIT TRANSACTIONS General Principles. IL Loan. UL. Pledge . Personal Property Security Act. IX. Antichresis. X. Guaranty and Suretyshi PART XIV- LAND TITLES AND DEEDS 1. General Principles. ‘A. Regalian doctrine. B. Torrens system of registration. inal Registration ‘A. Who may apply for registration, B. Acquisitions of title by law. C. Patents under the Public Land Act. D. Land patents. E. Reclamation .. F. Registration process and requirements. G. Application H. Publication. L Opposition J. Evidence required in land registration, K. Judgment and decree of registration L M. N. 1M. Ori Writ of possession Decree of confirmation and registration .. |. Review of decree of registration .. 1. Motion for new trialMotion for reconsideration. Appeal... jon for relieffrom judgment jon for annulment ofjudgment .. Claim against the assurance fund. ion for review of decree of registration.. Purchaser in good faith and for valu: . Cadastral land registration. IML Certificate of Title. A. Classification of lands. B. Citizenship requirement... IV, Subsequent registration. ‘A. Voluntary dealings B. Involuntary dealings. V. Dealings with unregistered lands Vi. Non-registrable properties PART XV - TORTS AND DAMAGES Book I- Torts/Quasl - Delicts 786 IL Quasi - deliet. 788 IIL The Tortfeasor.... 791. IV. Special Liability in Particular Activities 794 V. Strict Liability... 806 Vi. Classification of Torts. 809 VIL Negligent Torts... VIL Standard of Care. IX. Torts Concepts and Doctrines. ‘A. Res Ipsa Loquitur .. B. Doctrine of Last Clear Chance... C. Damnum Absque Injuria. D. Presumption of Regular E. Double Recovery. Book I - Damages 1 General Principles.. Il, Actual and Compensatory Damages IIL Attorney's Fees and Expenses of Litigation. IV. Moral Damages... V. Nominal Damages Vi Temperate or Moderate Damages VI Liquidated Damages VIL. Exemplary or Corrective Damages. VIII. Damages in case of DeathGENERAL PRINCIPLES GENERAL PRINCIPLES Earn nae law Aquinas defined law as “an ordinance of reason for the common good, made by him whe has care of the community, and promulgated.” (Republic v. Sandiganbayan, G.R No. 104768, July 21, 2003) Effectivity oflaws Laws shall take effect after fifteen days following the completion of their publication either in the Official Gazette, or in a newspaper of general circulation in the Philippines, unless it is otherwise provided. [(New Civil Code (NCC), Art 2,45 amended by EO 200)] Effectivity: It depends on whether or not it has provideda specific date for its effectivity 1. If date is specified - Upon the lapse of the said period following its complete publication and not before. 2. If no date is specified - 15-day period, which may either be on the 15th or on the 16th day depending on the language used by the Congress in fixing the effectivity date of the statute. (Rabuya, 2009) a. 15th day- Ifthe law declares that it shall become effective "15 days after its publication.” b. 16th day - Ifthe law declares that it shall be effective “after 15 days following its publication.” 3. If the law provides for immediate effectivity or upon approval - It is effective immediately after its complete publication and not after signing by the President. 4. If the law is voluminous- Reckoning shall begin from the release of the last of the “Unless it is otherwise provided” provision an effectivity of law This clause refers to the date of effectivity and not to the requirement of publication itself. The requirement of publication may not be omitted ln any event. This clause does not mean that the legislature may make the law effective immediately upon approval, or on any other date without its previous publication. Publicationrequirement Publication is indispensable in every case, but the legislature may in its discretion provide that the usual fifteen-day (15) period shall be shortened or extended. (Uma v. Estanislao, G.R. No, 104037, May 29, 1992; Tada v. Tuvera, GR No, L-63915, December 29, 1986) Publication must be in full or it is no publication at all since its purpose is to inform the public of the contents of the law. The mere mention of the number of the presidential decree, the title of such decree, its whereabouts, the supposed date of effectivity, and in a mere supplement of the Official Gazette cannot satisfy the publication requirement, This is not even substantial compliance. (Tafiada v. Tuvera, GR. Ne. L-63915, December 29, 1986) \dispensability of publication GR: All laws are required to be published in Full. NOTE: The reason for this rule is that the basic constitutional requirement of due process must be satisfied. (Rabuya, 2009) Without such notice and publication, there would be no basis for the application of the maxim ignoratia legis non excusat. (Rabuya, 2009) ‘XPNs tothe Publication Requirement: (ORLI) 1. Municipal Ordinances (governed by the Local Government Code); 2. Rules and regulations which are internal in nature; 3. Letters of Instruction issued by administrative supervisors on internal rules and guidelines; 4, Interpretative regulations regulating only the personnel of administrative agency. XPNs tothe XPNs: (DEP) ‘Administrative rules and regulations that require publication: 1. The purpose of which is to implement or enforce existing laws pursuant to a valid Delegatior 2. Penal innature; and UNIVERSITY OF SANTO TOMAS FACULTY OF CIVIL LaWCiviL LAW 3. If it diminishes Existing rights of certain individuals. NOTE: Circulars issued by the monetary board are required to be published if they are meant not merely to interpret but to “fill in details” of the Central Bank Act. As rule, circulars which prescribe a penalty for violations should be Published before becoming effective. However, circulars which are mere statements of general policies as to how the law should be construed do not need publication in the Official Gazette for their publication. Where to publish 1. Official Gazette; or 2. Newspaper of general circulation in the Philippines. Newspaper of general circulation For a newspaper to be considered of general circulation: 1. It must be published within the court's jurisdiction; 2. It must be published at regular intervals for disseminating local news and general information; 3. Ithasa bona fide subscription list of paying subscribers; and 4, Itis not devoted to the interest or published for the entertainment of a particular dass, profession, trade, calling, race or religious denomination. (Alvarez v. People, G.R. No. 192591, June 29, 2011) Honasan questions the authority and Jurisdiction of the DO} panel of prosecutors to conduct. preliminary investigation and to eventually file charges against him, claiming that since he is a senator with a salary grade of 31, itis the Office of the Ombudsman, not the DO}, thathas authority and jurisdiction to conduct the preliminary investigation. DOJ claims that it has concurrent jurisdiction, invoking an OMB-DOJ Joint Circular which outlines the authority and responsibilities among prosecutors of the DOJ and the Office of the Ombudsman in the ‘conduct of preliminary investigations. Honasan counters that said circular is ineffective as it was never published. Is OMB- DOJ Circular No. 95-001 ineffective because it was not published? A: NO. OMB-DO} Circular No. 95-001 is merely an internal circular between the two offices which outlines the authority and responsibilities among prosecutors of the DO) and of the Office of the Ombudsman in the conduct of preliminary investigations. It does not contain any penal provision nor prescribe a mandatory act or prohibit any under pain of penalty. It does not regulate the conduct of persons or the publi, in general. It need not be published. (Honasar, II The Panel of investigating Prosecutors ofthe DO), GR. No. 159747, June 15, 2004) Q: The Sangguniang Bayan of Hagonoy, Bulacan enacted an ordinance which increased the stall rentals of the market vendors in Hagonoy. Art. 3 of the said ordinance provided that it shall take effect upon approval. The ordinance was posted from November 4 to 25, 1996, In the last week of November 1997, petitioners were personally given copies and Wwere informed that it shall be enforced in January 1998, The petitioners contended that the subject ordinance was not published as required by law. Did the ordinance comply with the rule of publication? A: YES. An ordinance which increased the stall rentals of the market vendors has complied with the publication requirement when the same was. posted in 3 conspicuous places. (Sec. 128, Locol Government Code; Hagonoy v. Municipality, GR. No, 137621, February 6, 2002) NOTE: Within ten (10) days after their approval, certified true coples of all provincial, city, and ‘municipal tax ordinances or revenue measures shall be published in full for three (3) consecutive days in a newspaper of local circulation: Provided, however, that in provinces, cities and municipalities where there are no newspapers of local circulation, the same ‘may be posted in at least two (2) conspicuous and publicly accessible places. (Sec. 188, Local Government Code) Exceptions to the publication requirement 1. An interpretative regulation; UNIVERSITY OF SANTO TOMAS 2021 GOLDEN NotesGENERAL PRINCIPLES 2. A regulation that is merely internal in nature; and 3. A letter of instruction issued by an administrative agency concerning rules or guidelines to be followed by subordinates in the performance of their duties. (Association Of Southern Tagalog Electric Cooperatives, Inc. v. Energy Regulatory Board, GR. No. 192117, September 18,2012) Q: Judge Ferdinand Villanueva was appointed as a presiding judge of MTC, Compostela-New Bataan, The following year, Judge Villanueva applied as Presiding Judge in several Regional Trial Courts. The Judicial and Bar Council (JBC) then informed him that he was not included in the list. The JBC's decision upheld its long- standing policy of opening the chance for promotion to second-level courts to those judges who have served in their current positions for at least five years. Judge Villanueva then directly went to Court to assail the said policy on the ground it is unconstitutional; it violates the procedural due process for lack of publication. Did the JBC violate the procedural due process for not publishing the questioned policy? A: YES. The petition was dismissed but the SC directed the JBC to comply with the publication requirement of the assailed policy. According to SC, it ie but a natural consequence that potential applicants be informed of the requirements to the judicial positions, so that they would be able to prepare for and comply with them (illonueva v. Judicial and Bar Council, GR. No. 211833, April 07, 2015) Examples of administrative issuances which were not given force and effect for lack of publication 1. Rules and regulations issued by the Joint Ministry of Health-Ministry of Labor and Employment Accreditation Committee regarding the accreditation of hospitals, media clinics and laboratories. 2. Letter of Instruction No. 416 ordering the suspension of payments due and payable by distressed copper mining companies. 3. Memorandum Circulars issued by the POEA regulating the recruitment of domestic helpers to Hongkong. 4, Administrative Order No. SOSPEC 89-08-01 issued by Philippine International Trading Corporation regulating applications for importation from the Peoples Republic of China. 5. Corporate Compensation Circular No. 10 Issued by the Department of Budget and Management discontinuing the payment of other allowances and fringe benefits to government officials and employees. (Ulep, 2006) Q: “A” alleges violation of his right to due process considering that he is summoned to attend the Senate hearings without being apprised not only of his rights therein through the publication of the Senate Rules of Procedure Governing Inquiries in Ald of Legislation. Senate invoked the provisions of RA. No. 8792, otherwise known as the Electronic Commerce Act of 2000, to support their claim of valid publication through the internet. Did the publication of the assailed Rules of Procedure through the Senate's website satisfy the due process requirement of the law? A: NO. RA.8792 - Electronic Commerce Act of 2000 considers an electronic data message or an electronic document as a functional equivalent of a written document only for evidentiary purposes. It does not make the internet a medium for publishing laws, rules or regulations. (Garcillano v. The House of Representatives Committee on Public Information, Public Order and Safety, National Defense and Security, Information and Communications Technolegy and Suffrage and Electoral Rejorms, GR.No. 170338, December 23, 2008) Presumption ofknowledge ofaws GR: Everyone i condusvely presumed to know the law. Hence, ignorance of the law excuses no one from compliance therewith. (NCC, Art. 3) This conclusive presumption presupposes that the law has been published. Without such notice and publication, there would be no basis for the application of the maxim igaoratia legis non excusat. (Rabuya, 2009) UNIVERSITY OF SANTO TOMAS FACULTY OF CIVIL LaWCiviL LAW XPNs: 1. Mistake upon a doubtful or difficult question of law may be the basis of good faith. [NCC, Art. 526 (3)] 2. Payment by reason of a mistake in the construction or application of a doubtful or difficult question of law may come within the scope of the preceding article. (NCC, Art. 2155) 3, In order that fraud may make a contract voidable, it should be serious and should not have been employed by both contracting parties. Incidental fraud only obliges the person employing it to pay damages. (NCC, Art, 1344) NOTE: The rule is that any mistake on a doubtful co difficult question of law may be the basis of good faith. (Pse-Llamanzares ¥. Commission on Elections, G.R. Nos. 221697 & 221698-700, March 8.2016) Lawscovered ‘The laws referred to under Art.3 of the NCC are those of the Pailippine Laws and it applies to all kinds of domestic laws, whether cvil or penal, substantive or remedial. However, the artide is limited to mandatory and prohibitory laws. It does not include those which are merely permissive. (Rabuya, 2006) applicability to forel Ignorance of a forcign law is a mistake of fact ‘There is no presumption of knowledge of foreign laws, It must be alleged and proved as a matter of fact; otherwise, the doctrine of processual presumption will apply. Doctrineof P Presumoti Also known as Presumed-identity approach; where a foreign law is not pleaded, or even if pleaded, is not proved, the presumption is that the foreign law is the same as Philippine Laws. In international law, the party who wants to have a foreign law applied to a dispute or case has the burden of proving the foreign law. The foreign law is treated as a question of fact to be properly pleaded and proved as the judge or labor arbiter cannot take judicial notice of a foreign law. He is presumed to know only domestic or forum law. (ATCI Overseas Corporation, et al. v. Echin, GR No. 178551, October 11, 2010; See case of Del Socorro ¥. Brinkman GR No. 193707 December 10, 2014) Mistake of fact vs. Mistake oflaw, Din et FA xt Want of | Want, of knowledge of | knowledge or some fact or | acquaintance facts with the laws Wars of constituting or | of the land imowlee | ringtone | nol they per subject matter | apply to the oatand | ace” relation, any, ormater te consideration, When some | Occurs when a facts which | person having really exist are | full knowledge unknown or| of the facts Nature of | some fact is| come to an Mistake | supposed to | erroneous exist which | conclusion as really does not | to its legal exist effects. Good faith isan | Not excusable, Defense | excuse. even if in good faith, Q: Eduardo was married to Ruby. He then met Tina and proposed marriage, assuring her that he was single. They got married and lived together. Tina, upon learning that Eduardo had been’ previously married, charged Eduardo for bigamy for which he was convicted. Eduardo testified that he declared he was “single” because he believed in good faith that his first wife was already dead, having not heard from her for 20 years, and thathe did not know that he had to go to court to seek for the nullification of his first marriage before marrying Tina Is Eduardo A: YES, Eduardo is presumed to have acted with malice or evil intent when he married Tina. Mistake of fact or good faith of the accused isa valid defense in a prosecution for afelony by dolo; such defence negates malice ar criminal intent, However, ignorance of the law is not an excuse because everyone is presumed to know the law. Eduardo has the burden to prove that UNIVERSITY OF SANTO TOMAS 2021 GOLDEN NotesGENERAL PRINCIPLES when he married Tina, he has a well-grounded belief that hic first wife was already dead He should have adduced in evidence a decision of a competent court declaring the presumptive death of his first wife as required by Art. 349 of the RPC, in relation to Art. 41 of the FC. Such judidal” declaration constitutes proof that Eduardo acted in good faith, and would negate criminal intent on his part when he married the private complainant. (Manuel v, People, GR. No. 165842, November 29, 2005) @: Complainants who were connected with the Daily Informer (a widely circulated newspaper in Western Visayas) were charged before the MTC by Judge Pamonag of the crime of libel. Respondent judge conducted a preliminary investigation and thereafter issued warrants for the arrest of the complainants. Complainants filed an administrative case against the judge for gross ignorance of the law. They contended that the judge neither has authority to ‘conduct a preliminary investigation nor to issue warrants for their arrest. The judge said that it was his first libel case and that he issued the warrants in good faith. Is the respondent guilty of gross ignorance of the law? ‘A: YES. Judges are expected more than just cursory acquaintance | with statutes and procedural rules. They must know the law and apply them properly in good faith. The Provisions of Art. 360 of the RPC on the persons authorized to conduct preliminary investigation in libel cases is elementary. Not to know it constitutes gross ignorance of the law. (Miaque v. Judge Pamonag, AM. No. MT)-02-1412, March 28,2003) @ Cheong Boo, a native of China died intestate in Zamboanga. He left a property worth P100,000. The estate of the deceased was claimed on one hand by Gee, who alleged that he was a legitimate child by a marriage contracted by Boo with Tan Dit in China in 1895, The estate was claimed, on the other hand, by Mora Adong who alleged that she had been lawfully married to Boo in 1896, Gee introduced in evidence a document in Chinese stating the marriage ceremony that took place in Amoy, China. Is the document presented by Gee sufficient enough to prove the Chinese marriage of Cheong Boo and Tan Dit? ‘A: NO. The Supreme Court held that the document is not sufficient to prove the Chinese marriage between Cheong Boo and Tan Dit. Gee only presented a document in Chinese stating the alleged marriage ceremony but there is no competent testimony as to what the laws of China in the Province of Amey concerning marriage were in 1895. Therefore, there is lacking proof so clear, strong and unequivocal as. to produce a moral conviction of the existence of the alleged prior Chinese marriage. Ignorance ofa foreign law is not ignorance of the law but of fact because such foreign law must be first alleged and proved as a matter of fact, there being no judicial notice of said foreign law. Thus, the Chinese marriage was not adequately proved. (Estate of Boo v. Gee, GR. No. 18081, March 3, 1922) oa IVITY OF Laws shall have no retroactive effect, unless the contrary is provided. (NCC, Art 4) ‘Retroactivelaw ‘A legislative act that looks backward or contemplates the past, affecting acts or facts that existed before the act come into effect. (Black's Law Dictionary, 2009) Retroactive effect oflaws GR: Laws shall have no retroactive effect (lex rospicit non respicit) ‘XPNs: (TINCREEP) ‘Taxlaws; Interpretative statutes; Laws creating New substantive rights; Curative statutes; Remedial procedural; NOTE: Statutes regulating the procedure of the courts will be construed as applicable to actions pending and undetermined at the time of their passage. Procedural laws are retrospective in that sense and to that extent. (Mun. Gov't of Coron v. Carino, GR. No. 65854, September 24, 1987) 6. Emergency laws; 7. When Expressly provided: UNIVERSITY OF SANTO TOMAS FACULTY OF CIVIL LaWCiviL LAW & Penal laws favorable to the accused provided, the accused is not a habitual delinquent, XPNsto the XPNs: I'the application of the retroactive law: 1. Impairs obligation of contract 2. Isin the nature of ex post facto law or a Dill ofattainder, 3. Divests vested rights; or 4. Is constitutionally forbidden. (Black's Law Dictionary, 2009) NOTE: In case of doubt, laws apply prospectively. Q: Accused-appellant Belen Mejares was adjudged guilty of the crime of qualified theft of cash and jewelry amounting to P1,056,308.00. Meanwhile, on August 29, 2017, the President signed into law R.A. No. 10951 that sought to help indigent prisoners and individuals accused of committing petty crimes. It also increased the baseline amounts and values of property and damage to make them commensurate to the penalties meted on the offenses committed in relation to them. Should the penalties under the new law benefit Mejares? AL YES. RA. No, 10951 has since come into effect during the pendency ofthis case. It likewise specifically stipulates that its provisions shall have retroactive effect. Section 100 adds that this retroactivity applies not only to persons accused of crimes but have yet to be meted their final sentence, but also to those already "serving sentence by final judgment." This retroactivity is in keeping with the principle already contained in Article 22 of the RPC that “penal laws shall have a retroactive effect in so far as they favor the person guilty ofa felony.” Given these circumstances, it is proper for this Court to adjust the penalty to be imposed on accused-appellant. (People v. Mejares, GR. No. 225735, January 10, 2018, as penned By J. Leonen) Non-retroactivity of laws vis decisions is judicial Judicial decisions have no retroactive effect. When a doctrine of the Supreme Court is overruled and a different view is adopted, the new doctrine should be applied prospectively and should not apply to parties who had relied fon the old doctrine and acted on the faith thereon. (Rabuya, 2003) Lex prospicit. now respicit The maxim means, “the law looks forward not backward”. The retroactive application of a law usually divests rights that have already become vested or impairs the obligations of contract and hence, is unconstitutional. (Chavez v. PEA GR No. 133250, May 6, 2003) Retroactivity cause of the Family Code (20052010 BAR) The Family Code shall have retroactive effect insofar as it does not prejudice or impair vested or acquired rights in accordance with the Civil Code or other laws. (FC, Art. 256) PUNTA Nees Mandatory law A law or a provision in a statute Is sald to be mandatory when disobedience to it, or want of exact compliance with it, will make the act done under the statute absolutely void. (Black's Law Dictionary, 2009) Probibitory law A law or a provision in a statute is said to be prohibitory when it forbids a certain action (Black's Law Dictionary, 2009) Permissive law, A law or a provision in a statute is said to be permissive or directory when it allows certain acts but does not command them, (Black’s Law Dictionary, 2009) Violation of Mandatory or Prohibitory Laws GR: Acts executed against the provisions of mandatory or prohibitory laws shall be void, (NCC, Art. 5) XPNs: When the law: 1. Itself authorizes its validity (eg. lotto, sweepstakes); UNIVERSITY OF SANTO TOMAS 2021 GOLDEN NotesGENERAL PRINCIPLES 2. Makes the act valid but punishes the violator (e.g. Marriage solemnized by a person not authorized to do so); 3. Makes the act merely voidable; 4. Declares the nullity of an act but recognizes its effects as legally existing (eg. Child born after the annulment of marriage Is considered legitimate), Wor Waiver It is a voluntary and intentional relinquishment or abandonment of a known existing legal right, advantage, benefit, daim or privilege, which except for such waiver the party would have enjoyed. ‘The voluntary abandonment or surrender, by a capable person, ofa right known by him to exist, with the intent that such right shall be surrendered and such person forever deprived of its benefit orsuch conduct as warrants an inference of the relinguishment of such right; or the intentional doing of an act inconsistent with daiming it. (Cruz @ Co, Inc. v. HR Construction Corp, G.R No, 187521, March 14, 2012) NOTE: Waivers can be express or implied, however, it cannot be presumed It must be dearly and convincingly shown, either by express stipulation or acts admitting no other reasonable explanation. Right It Is a legally enforceable claim of one person against another, that the other shall do a given, act, or shall not do a given act. (Pineda, 2009) Kinds ofrights 1. Natural Rights ~ These which grow out of the nature of man and depend upon personality (eg. right to lif, liberty, privacy, and good reputation, 2. Political Rights - Consist in the power to participate, directly or indirectly, in the establishment or administration of government (eg. right of suffrage, right to hold public office, right of petition); and 3. Givil Rights - Those that pertain to a person by virtue of his citizenship in a state or community (eg. property rights, marriage, equal protection of laws, freedom of contract, trial by jury). (Pineda, 2009) ‘a. Rights of personality or human rights; b. Family rights; and c. Patrimonial rights: i. Realrights; ii, Personal rights. (Rabuya, 2009) Rights which cannot be waived 1. Right to live and rightto future support. 2. Right to personality and family rights. 3. Right to future inheritance. NOTE: This is especially so if the waiver is Intended to prejudice creditors. Hence, if an helr repudiates the inheritance to the prejudice of his, own creditors, the latter may petition the court to authorize them to accept itin the name of the heir. (NCC, Art. 1052; Albano, 2013) NOTE: If a candidate for mayor agrees to split his term of office with the vice-mayor to prevent the latter from running against him, the contract is void by reason of public policy. (Albano, 2013) ‘Waiver of rights a ights may be waived. XPNs: 1. Ifwaiveris: a. Contrary to law, public order, public policy, morals or good customs; b. Prejudicial to a third person with a right recognized by law. (eg. If A owes B P10M, B cannot waive the loan if B owes C and B has no other assets) 2. Ifthe right is a. Anatural right, such as right to life; b. Inchoate, such as future inheritance. ‘Aperson may waive any matter which affects his property, and any alienable right or privilege of which he is the owner or which belongs to him or to which he is legally entitled, whether secured by contract, conferred with statute, or guaranteed by constitution, provided such rights. and privileges rest in the individual, are Intended for his sole benefit, do not lnfringe on the rights of others, and further provided the waiver of the right or privilege is not forbidden UNIVERSITY OF SANTO TOMAS FACULTY OF CIVIL LaWCiviL LAW by law, and does not contravene public policy. (Cruz & Co, Ine. v. HR Construction Corp, GR No. 187521, March 14,2012) ‘Requisites of valid waiver 1. Walving party must actually have the right he is renouncing; 2. He must have full capacity to make the 3. Waiver must be clear and unequivocal; 4. Waiver must not be contrary to law, public order, public morals, ete; and 5. When formalities are required, they must be complied with Q: Edna filed an action for support against Colonel Otamias. A deed of assignment was executed by Otamias where he waived 50% of his pension benefits in favor of Edna and his children. The RTC issued a notice of garnishment to AFP Pension and Gratuity Management Center and ordered the automatic deduction of support from the pension benefits of Colonel Otamias. The CA annulled the order of the RTC and cited PD No. 1638 which provides for the exemption of the monthly pension of retired military personnel from execution and attachment. Did Colonel Otamias validly waive the exemption granted by PD no. 1638 upon the execution of the deed of assignment? A: YES. Under Article 6 of the Civil Code, rights ‘may be waived, unless the waiver is contrary to law, public order, public policy, morals or good customs, or prejudicial to a third person with a right recognized by law. When Colonel Otamias executed the Deed of Assignment, he effectively waived his right to claim that his retirement benefits are exempt from execution. The right to receive retirement benefits belongs to Colonel Otamias. His decision to waive a portion of his retirement benefits does not infringe on the right of third persons, but even protects the right of his family to receive support. The Deed of Assignment executed by Colonel Otamias was not contrary to law; it was in accordance with the provisions on support in the Family Code Hence, there was no reason for the AFP PGMC not to recognize its validity. (Edaa Mabugay- Ctamias, jeffren M. Otamias and Minor Jemwel M. Otamias, represented by their Mother Edna ‘Mabugay Otamias v. Republic of the Philippines, represented by Col. Virgilio 0. Domingo, in his capacity as the Commanding Officer of the Pension and Gratuity Management Center (PGMC) of the Armed Forces of the Philippines, GR. No 189516, june 08, 2016, as penned by J. Leonen) fo rz It is the abrogation of an existing law by a legislative act. (Black's Law Dictionary, 2009) Laws are repealed only by subsequent ones, and their violation or non-observance shall not be excused by disuse, or custom or practice to the contrary. (Art. 7, par.) Ways ofrepealing laws 1. Express - If the law expressly provides for such; 2. Implied - If the provisions of the subsequent law are incompatible or inconsistent with those of the previous law, provided, it is impossible to reconcile the two laws. Reqguisites of animplied repeal 1. The laws cover the same subject matter; and 2 The latter Is repugnant to the earlier, (Rabuya, 2009) NOTE: Implied repeals are NOT to be favored because they rest only on the presumption that because the old and the new laws are incompatible with each other, there ic an intention to repeal the old. (Rabuya, 2009) Q: Sunrise executed an undertaking to construct a city road at its own expense, subject to reimbursement through tax credits. The trial court issued a writ of preliminary injunction to enjoin persons from obstructing Sunrise Garden in proceeding with the construction of the city road. The Court of Appeals directed the Division Clerk of Court to issue the writ of preliminary —_injunction enjoining respondents, its agents or representatives from implementing the trial court’s amended writ of injunction. Sunrise Garden cited PD No. 1818 which prohibits a court from issuing preliminary injunction in any case involving an infrastructure project. When this case was filed, RA No. 8975 was already effective which provides for an express repeal of PD No. 1818. RA No. 8975 prohibits the issuance of preliminary injunction UNIVERSITY OF SANTO TOMAS 2021 GOLDEN NotesGENERAL PRINCIPLES against the government or any person to restrain the development of any national government project. Is the allegation of Sunrise acceptable? A: NO. PD No. 1818 has been repealed by RA No, 8975. The repealing clause of RA No, 8975 provides for an express repeal. The Supreme Court has held that implied repeals are not favored, and "the failure to add a specific repealing clause indicates that the intent was not. to repeal any existing law." The express repeal of Presidential Decree No. 1818 clearly indicates Congress’ intent to replace Presidential Decree No, 1818 with Republic Act No. 8975. The new law covers only national government infrastructure projects. This case involves a local government Infrastructure project. Hence, Sunrise's contention is untenable. (Sunrise Garden Corporation v. Court of Appeals And First Alliance Real Estate Development, Inc, GR No 158836, September 30, 2015, as penned by J. Leonen) Instances of implied repeal 1. When the provisions in the two acts on the same subject matter are irreconcilably contradictory, in which case, the later act, to the extent of the conflict, constitutes an implied repeal of earlier one; and 2. Whea the later act covers the whole subject ofthe earlier one and is clearly intended as a substitute; thus, it will operate to repeal the ‘earlier law. (Carmelita Lledo v. Atty. Cesar V. Lede, AM. No. P-95-1167, February 9, 2010) Revival of repealed law EXPRESS, IMPLIED REPEAL If the 1 law | Ifthe 1* law is is expressly | repealed by repealed by | implication by the 2! law | the 2" law and REPEAL Manner of and the 2] the 2“ law is Repeal | haw is| repealed by repealed by | the 3*law. the 3 law. The 1 laws | The 1* law Is NOT revived | revived unless Effectof | unless otherwise Repeal | expressly _| provided. provided so. Conflict between general and special laws If the general law was enacted prior to the special law, the latter is considered the exception to the general law. If the general law was enacted after the special law, the special law remains, XPNs: 1. There is an express declaration; 2. There is a clear, necessary and irreconcilable conflict; or 3, The subsequent general law covers the whole subject and is clearly intended to replace the special law on the matter. (Rabuya, 2009) Self-lapsinglaws Laws that provide for their limited application (eg. House Rental Law, Annual Appropriations Act, Import Control Law). Ue Judicial decisions applying or interpreting the aw or the Constitution shall form a part of the legal system of the Philippines. (NCC, Art. 8) (1994 BAR) Judicial decisions are evidence of what the laws ‘The judicial decisions form part of the law of the land as of the date of the enactment of said law. The Supreme Court's interpretation merely establishes the contemporaneous legislative intent that the construed law purports to carry Into effect. However, the decisions referred to in Art. 8 of the NCC are only those enunciated by the SC. The decisions of subordinate courts are only persuasive in nature, and can have no mandatory effect (Rabuye, 2009) When a doctrine is overruled and 2 difierent view is adopted, the new doctrine should be applied prospectively and should not prejudice parties who relied on the old doctrine. Doctrine of Stare Decisis It is adherence to judicial precedents. Once a question of law has been examined and decided, it should be deemed settled and closed to further argument. However, when in the light of changing conditions, a rule has ceased to be UNIVERSITY OF SANTO TOMAS FACULTY OF CIVIL LaWCiviL LAW beneficial to the society, courts may depart from biter Dictum An opinion expressed by a court upon some question of law which is not necessary to the decision of the case before it. Such are not binding as precedent. (Rabuya, 2009) PURER enn Rendering of judgment by reason of silence oflaw No judge or court shall decline to render judgment by reason of the silence, obscurity or insufficiency of the laws. (NCC, Art. 9) (2003 BAR) However, in criminal prosecutions, the judge must dismiss the case if a person is accused of a non-existent crime following the maxim “nullum crimen, nulla poena sine lege. (Rabuya, 2009) NOTE: This duty, however, is not a license for courts to engage In Judicial legislation. The duty of the courts is to apply or interpret the law, not to make or amendit. Guidelines on rendition of decisions under Arto 1. When there is no law exactly applicable to the point in controversy, the custom of the place shall be applied and in default thereof, the general principles of law; Decisions of foreign courts; Opinions of known authors and professors; Applicable rules of statutory construction; Principles formulated in analogous cases. Eva e nny Rarer Meee Ceo Eresumption_in_case_of doubt in the interpretation offaws In case of doubt in the interpretation or application of laws, It Is presumed that the lawmaking body intended right and justice to prevail. (NCC, Art. 10) (2003 BAR) In case of silence, obscurity or insufficiency r a controversy If the law is silent or is obscure or insufficient with respect to a particular controversy, the judge shall apply the custom of the place, and in default thereof, the general principles of law and lustice. Customs which are contrary to law, public order, public policy shall not be countenanced. (NCC, Art. 11) Customs Customs are rules of conduct, legally binding and obligatory, formed by repetition of acts uniformly observed asa social rule Necessitv of proving customs GR: A custom must be proved as a fact, according to the rules of evidence. (NCC, Art 12) XPN; Courts may take judicial notice of a custom if there is already a decision rendered by the same court recognizing the custom. oe considered a source of right Plurality of act Uniformity of acts; General practice by the great mass of the people of the country or community; 4. Continued practice for a long period of time; General conviction that the practice is the proper rule of conduct; and Conformity with law, morals or public policy. (Tolentino, 1987) Application of customs in civil cases In civil cases, customs may be applied by the courts in cases where the applicable law is: 1. silent; 2. Obscure;or 3. Insufficient. NOTE: Provided said customs are not contrary to law, public morals, etc. Non-applicability of customs in_criminal UNIVERSITY OF SANTO TOMAS 2021 GOLDEN NotesGENERAL PRINCIPLES In criminal cases, customs cannot be applied because of the maxim nullum crimen nulla poena sine lege (There is neither crime nor punishment, without a law}. Pe Computation of period 1. Year - 12 (CIR, Primetown Property Group, Inc, GR. No. 162155, August 26 2007) calendar months. NOTE: In the said case, the Supreme Court declared that the provision of Section 31, Chapter VII, Bookt| of the Administrative Code of 1987, being a more recent law, governs the computation of legal periods with respect to counting"a year.” A Calendar Month is “a month designated in the calendar without regard to the number of days it may contain.” It is the "period of time running from the beginning of a certain numbered day of the next month, and if there is not sufficient number of days in the next monta, then up to and including the last day of that month” Mlustration: One calendar month from December 31, 2007 will be from January 1, 2008 to January 31, 2008; one calendar month from January 31, 2008 will be from February 1, 2008 until February 29, 2008. Hence, twelve calendar months from December 31, 2007 is December 31, 2008; while twelve calendar months from January 31, 2008 to January 31, 2009. (Rebuya, 2009) 2. Month - 30 days, unless designated by their ‘name, in which case, they shall be computed according to the number of days which they respectively have; 3. Day-24 hours; 4. Nighttime - from sunset to sunrise; 5. Week - 7 successive days regardless of which day it would start; 6. Calendar week - Sunday to Saturday. NOTE: In the computation of period, the first day shall be excluded, and the last day included. the last day falls on a Sunday or a legal holiday Ifthe act to be performed within the period is: Prescribed or allowed by: a. TheRules of Court; b. Anorder of the court; or Anyother applicable statute. The last day will automatically be the next working day. 2. From a contractual relationship - The act will still become due despite the fact that the last day falls on a Sunday or a legal holiday. This is because obligations arising from contracts have the force of the law between the contracting parties. u UNIVERSITY OF SANTO TOMAS FACULTY OF CIVIL LaWCiviL LAW Sted (GENERAL PRINCIPLES Erivate International Law It is a part of the municipal law of a state which directs its courts and administrative agencies when confronted with a legal problem involving foreign element, as to whether or not they should apply the foreign law. Conflict of laws, Its the inconsistency or difference between the laws of different states or countries, arising in the case of persons who have acquired rights, incurred obligations, injuries or damages, or made contracts, within the territory of two or more jurisdictions. (Black's Law Dictionary, Fifth Edition) Functions of Private International Law 1. Prescribes conditions under which a court or agency is competent to entertain proceedings with foreign elements; 2. Specifies the circumstances in which foreign judgment will be recognized as valid and binding in the forum; and 3. Determines the particular system of law for each class of cases to ascertain the rights of the parties. (Paras, 1990) Hlements of Conflict of laws, 1. Legal problem or case involving foreign clement; Foreign element - a factual situation cutting across territorial lines, affacted by diverse laws of two or more states. 2. Primary function is to determine whether the law or judgments of other state/s will govern and ifso, the extent of its recognition or application in the forum. (Coquia, 2000) ears nal Law Rares Pama ‘Twoviews 1. Monist school - Both subjects are essentially the same, because they manifest a single concept of law, ultimately addressed to the same individual. 2. Dualist School - This school of thought differentiates private and public international law in the following manner ‘As to nature Municipal in | International in character character As to persons involved Private individuals | Sovereign states and other entities possessed of international personality As to transactions involved Private transactions | Transactions generally with private | affect public interest: individuals or of interest only to sovereign states As to remedies and sanctions Resort to municipal | Remedies may be tribunals peaceful or forcible RMT eee 1. Family Code Articles 10, 21, 26, 35,36, 37, 38, 80, 96, 184,and 187 2. Civil Code Artides 14, 15, 16, 17, 815, 816, 818, 819,829, 1039, 1319, and 1753 3. Penal Code Artie 2 4. Corporation Code Section 133 - Doing business without a license 5. Constitution Artide IV and Article 5, Section 1 6. Rules of Court Rule 14 and 39, Section 48, Rule 131, Section 3 (n), 132, Section 35, ‘Territoriality Principle Penal laws and those of public security and safety shall be obligatory upon all who live or sojourn In Philippine territory, subject to the principles of international law and to treaty stipulations. (NCC Article 14) UNIVERSITY OF SANTO TOMAS 2021 GOLDEN NotesCONFLICT OF LAWS Nationality principle 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. (NCC, Article 15) Lex rei sitae Real property as well as personal property is subject to the law of the country where it is situated. (NCC, Article 16) Lex Loci Celebrationis ‘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. (INCC, Article 17) Lex Loci Contractus Law of the contract. 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. However, when forms and solemnities of the contract is performed in front of a Filipino diplomatic or consular office, Filipino solemnities will be used. (WCC, Art. 17) JURISDICTION AND CHOICE OF LAW JURISDICTION GR: Itis the right of a State to exercise authority over persons and things within its boundaries. Rules to follow when the court is confronted witha case involving a foreign element If the court is faced with a case involving 2 foreign element, it should first determine: 1. Whether it has jurisdiction over the case: 2. If it has no jurisdiction, it should be dismissed on that ground; 3. Ifit has jurisdiction, the court will determine whether it should’ assume jurisdiction or dismiss the case on the ground of forum non. convenience; and 4. Once the court has determined it has jurisdiction over the case, it will next determine whether to apply the internal law of the forum or apply the proper foreign law. ‘Forum Won Conveniens It refers to the refusal to assume jurisdiction because it will prove inconvenient for the forum. It As a device akin to the rule against forum shopping. It is designated to frustrate illicit means for securing advantages and vexing litigants that would otherwise be possible if the venue of litigation (or dispute resolution) were left entirely to the whim of either party. (Saudi Arabian Airlines (Saudia) v. Rebesoncio, 6.2 No. 198587, January 14, 2015) Elements: That the Philippine Court: 1. Is one to which the conveniently resort to; 2. Is in a position to make an intelligent decisionas to the law and the facts; and 3. Has or is likely to have power to enforce its decision. (Philippine National Construction Corp. v. Asiavest Merchant Bankers (M) Berhad, GR.No. 172301, August 19, 2015) parties may Grounds for dismissal of the case on the basis ‘oLforum non conveniens 1. Evidence and witnesses may not be readily available in the forum; 2. Court dockets of the forum are already clogged which would hamper the speedy administration of justice; 3. The matter can be better tried and decided in another forum; 4. To curb the evils of forum shopping: 5. The forum has no particular interest in the case, as when the parties are not citizens of the forum or are residents elsewhere; 6. Inadequacy of the local judicial machinery in effectuating the right sought to be enforced; 7. Difficulty in ascertaining the foreign law applicable. ‘When can internal or domestic law be applied 1. Law of the forum expressly so provides in its conflicts rule: 2. Proper foreign law has not been properly pleaded and proved; or 1B UNIVERSITY OF SANTO TOMAS FACULTY OF CIVIL LaWCiviL LAW 3. Case involves any of the exceptions to the application of the foreign law. Instances: 1. When the foreign law, judgment or contract a. Contrary to sound and established policy of the forum b. Contrary to almost universally conceded principles of morality (contra bonus mores) Involves procedural matters 4. Purely fiscal or administrative matters © Involves real or personal property situated in the forum 2. When the application of the foreign law, judgment or contract: a. May work undeniable justice to the citizens/residents of the forum b. May worl against vital interests & national security of the state of the forum Doctrine of Processual Presumption of law When the proper foreign law has not been properly proved, the court of the forum may [presume that said foreign law is the same as the law of the forum that said court can now apply. It applies when the foreign law is not alleged or ifalleged, it is not proved. Where a foreign law is not pleaded or, even if pleaded, is not proved, the court of the forum may presume that the foreign law applicable to the case is the same as the local or domestic law. Foreign laws do not prove themselves in our jurisdiction and our courts are not authorized to take judicial notice of them. Like any other fact, they must be alleged and proved. A Philippine court may take judicial notice of a foreign law, as when the laws are already within ite actual knowledge, such as when they are well and generally known or they have been actually ruled upon in other cases before it and none of the parties concemed claim otherwise. (PCIB v. Excolin, GR Nos. L-27860 & 27836, September 30, 1975) Q: Thousands of banana plantation workers filed a complaint against 11 corporations including Chiquita Brands. They claimed that they have been exposed to acertain pesticide which caused serious and permanent damage to their reproductive system. Before pretrial, the parties entered into a compromise agreement which explicitly stated that the law which shall govern its interpretation is the laws of Texas, United States . On July 10, 2009, the RTC issued an Order directing the implementation of the Writ of Execution against Chiquita Brands and its subsidiaries and affiliates who are allegedly subsidiarily liable under the laws ot Texas. Is the RTC correct in applying the laws of Texas? ‘A: NO. Under the Compromise Agreement, the law that shall govern its interpretation is the law of Texas, United States. In this jurisdiction, however, courts are not authorized to take judicial notice of foreign laws. The laws of a foreign country must be properly pleaded and proved as facts. Otherwise, under the doctrine of processual presumption, foreign law shall be presumed to be the same as domestic law. Unfortunately, there is no evidence that Texan las had been proven as a fact. Hence, the RTC should have applied the Philippine law. (Chiquita Brands, et al. v. RTC of Davao City, GR. No 189102, june 7, 2017, as penned by J. Leonen) Q: PNCC and Asiavest Holdings (M) Sdn. Bhd. (Asiavest Holdings) caused the incorporation of an associate company known as Asiavest- CDCP Sdn. Bhd. (Asiavest CDCP), through which they entered into contracts to construct rural roads and bridges for the State of Pahang, Malaysia. In connection with this construction contract, PNCC obtained various guarantees and bonds from Asiavest Merchant Bankers (M) Berhad to guarantee the due performance of its obligations. The four contracts of guaranty stipulate that Asiavest Merchant Bankers (M) Berhad shall guarantee to the State of Pahang "the due performance by PNCC of its construction contracts... and the repayment of the temporary advances given to PNCC.” These contracts were understood to be governed by the laws of Malaysia, There was failure to perform the obligations under the construction contract, prompting the State of Pahang to demand payment against Asiavest Merchant Bankers (M) Berhad’s performance UNIVERSITY OF SANTO TOMAS 2021 GOLDEN NotesCONFLICT OF LAWS bonds. It “entered into a compromise agreement with the State of Pahang by paying .. . the reduced amount of [Malaysian Ringgit (MYR)] 3,915,053.54." Consequently, the corporation demanded indemnity from PNCC by demanding the amount it paid to the State of Pahang. Asiavest Merchant Bankers (M) Berhad filed a Complaint for recovery of sum of money against PNCC belore the Regional Trial Court of Pasig. It based its action on Malaysian laws. Specifically, it invoked Section 98 of the Malaysian Contracts Act of 1950 and Section 11 of the Malaysian Civil Law Act of 1956. The trial ‘court declared PNCC in default for failure to file any responsive pleading, and allowed Asiavest Merchant Bankers (M) Berhad to present its evidence ex parte. PNCC submits that the trial court could have invoked the principle of forum non conveniens and refused to take cognizance of the case considering the difficulty in acquiring jurisdiction over the two Malaysian corporations and in determining PNCC's exact liability. Can the trial court assume jurisdiction on the ground of forum non ‘conveniens? A YES. PNCC argues that "in view of the compelling necessity to implead the two foreign corporations, the Trial Court should have refused to assume jurisdiction over the case on the ground of forum non conveniens, even if the Court might have acquired jurisdiction over the subject matter and over the personof the PNCC." We find that the trial court correctly assumed jurisdiction over the Complaint. "Forum non conveniens literally translates to ‘the forum is inconvenient.” This doctrine applies in conflicts of law cases. It gives courts the choice of not assuming jurisdiction when it appears that it is not the most convenient forum and the parties may seek redress in another one. It is a device “designed to frustrate illicit means for securing advantages and vexing litigants that would otherwise be possible if the venue of litigation (or dispute resolution) were left entirely to the whim of either party.” On the other hand, courts may choose to assume jurisdiction subject to the following requisites: “(1) that the Philippine Court is one to which the parties may conveniently resort to; (2) that the Philippine Court Is in a position to make an intelligent decision as to the law and the facts, and (3) that the Philippine Court has or is likely to have power to enforce its decision." ‘The determination of whether to entertain a case is addressed to the sound discretion of the court, which must carefully consider the facts of the particular case ‘A mere invocation of the doctrine of forum non conveniens or an easy averment that foreign elements exist cannot operate to automatically divest a court of its jurisdiction. It Is crucial for courts to determine first if facts were established such that special circumstances exist to warrant its desistance from assuming jurisdiction. PNCC is a domestic corporation with its main office in the Philippines. Iti safe to assume that all of its pertinent documents in relation to its business would be available in its main office. Most of PNCC’s officers and employees who were involved in the construction contract in Malaysia could most likely also be found in the Philippines. Thus, itis unexpected that a Philippine corporation would rather engage this civil suit before Malaysian courts. Our courts would be "better positioned to enforce the judgment and, ultimately, to dispense” in this case against PNCC. (Philippine National Construction Corporation V. Asiave:t Merchant Bankers (M) Berhad, GR 172301, ‘August 19, 2015, as penned J. Leonen) CHOICE OF LAW. portant Questions that _Choice-of-Law Problems Seeks to Answer 1. What legal system should control a given situation where some of the significant facts ‘occurred in two or more states; and 2. To what extent should the chosen system regulate the situation. (Saudi Arabian Airlines ¥. CA,GR.No. 122191, October & 1998) NOTE: Foreign law has no extraterritorial effect and any exception to this right must be traced to the consent of the nation. ‘Theories on why the foreign law may be given effect 1. Theory of Comity - The application of foreign legal systems in cases involving foreign element Is proper, otherwise, the non-application would constitute a disregard of foreign sovereignty or lack of comity towards other States. Comity is the recognition which one state allows 15 UNIVERSITY OF SANTO TOMAS FACULTY OF CIVIL LaWCiviL LAW within its territory to the legislative, executive, cor judicial acts of another state, having due regard both to international duty and convenience and to the rights of its own citizens or of other persons who are under the protection of its laws. (Agpalo, 2004) Kinds: a. Comity based on reciprocity b. Comity based on the persuasiveness of the foreign judgment. 2. Theory of Vested Rights - Courts enforce not the foreign law or foreign judgment but the rights vested under such law or judgment. Thus, rights acquired in one country must be recognized and legally protected in other countries. The forum will not apply the foreign law but will simply recognize the right vested Ly said law. 3. Theory of Local Law - This involves the appropriation of a foreign rule by the State of the forum and transforming it into a domestic rule. A foreign law is applied because our own law, by applying a similar rule, requires us to do so, as if the foreign law as become part of our internal or domestic law. 4, Theory of Harmony of Law - Identical or similar problems should be given identical and similar solutions, thus’ resulting in harmony of laws The application of the same or similar solution prevents the bad practice of forum shopping. 5. Theory of Justice - Choice of law should be determined by considerations of justice and social expediency and should not be the result of mechanical application of the rule or principle of selection. CHARACTERIZATION ‘These are a provision found in our own law which governs a factual situation possessed of a foreign element. It is usually expressed in the form of an abstract proposition that a given legal question is governed by the law of a particular country (which may be an internal law or the proper foreign law), to be ascertained in the manner indicated in the provision. (Sempio-diy, 2004) Kinds of conflictrules 1. One-sided rule ~ indicates Philippine law will apply, when the eg, Article 15 and Art. 818 of the Civil Code only apply to Filipinos 2. All-sided rule ~ indicates whether to apply the local law or the proper foreign law. Characterization (Doctrine of Qualification ox Classification) It is the process of deciding whether or not the facts relate to the kind of question specified in a conflicts rule. (Soudi Arabian Airlines v. CA, G.R No, 122191, October 8, 1998) Stens in characterization 1. The determination of facts involved; 2. The characterization of factual situation; 3. The determination of conflicts rule which is to be applied; 4. ‘The characterization of the point of contact where the connecting factor: The characterization of the problem as procedural or substantive; 6. The pleading and proving of the proper foreign law; and 7. The application of the proper foreign law to the problem. (Paras, 1990) QA (Iraqi government) granted B (Domestic corp) a service contract for the construction of a building in Iraq. The bond was guaranteed by C (Domestic corp.). When it was ascertained that B will not be able to finish the project in the scheduled agreement, C paid the bond for the failure of B to complete such building. When C was claiming reimbursement, B refused to pay. Thus, a case was filed. Should Philippine law govern in determining B's default? AA: YES. It must be noted that the service contract between SOB and VPECI contains no express choice of the law that would govern it. In the United States and Europe, the two rules that now seem to have emerged as "kings of the hill’ are: (1) the parties may choose the governing UNIVERSITY OF SANTO TOMAS 2021 GOLDEN NotesCONFLICT OF LAWS law; and (2) in the absence of such a choice, the applicable law is that of the State that "has the most significant relationship to the transaction and the parties." Another authority proposed that all matters relating to the time, place, and manner of performance and valid excuses for non-performance are determined by the law of the place of performance or lex loci solutionis, which Is useful because its undoubtedly always connected to the contract in a significant way. In this case, the laws of Iraq bear substantial connection to the transaction, since one of the parties is the Iraqi Government and the place of performance is in Iraq, Hence, the issue of whether respondent VPECI defaulted in its obligations may be determined by the laws of Iraq. However, since that foreign law was not properly pleaded or proved, the presumption of Identity or similarity, otherwise known as the processual presumption, comes into play. Where foreign law is not pleaded or, even if pleaded, is not proved, the presumption is that foreign law is the same as ours. (Philippine Export and Foreign Loan Guarantee Corporation v. V.P. Eusebio Construction, Inc. Et Al, GR No 140047, July 13, 2004) Q: A.a foreign corporation, won a collection ase in Japan against B, a domestic corporation doing business in Japan. A filed a suit for enforcement of the judgment in the RTC of Manila. B assails the judgment on the ground that the Japanese court did not validly acquire jurisdiction over B's person since B was served with summons in the Philippines and not in Japan. Is B correct? A: NO. It is settled that matters of remedy and procedure such as those relating to the service of process upon adefendant are governed by the lex fori or the internal law of the forum. In this case, itis the procedural law of Japan where the judgment was rendered that determines the validity of the extraterritorial service of process on B.As to what this law isa question of fact, not of law. It may not be taken judicial notice of and must be pleaded and proved like any other fact B did not present evidence as to what that Japanese procedural law is and to show that under it, the assailed extraterritorial service is invalid. Accordingly, the presumption of vali and regularity of the service of summons and the decision thereafter rendered by the Japanese court must stand. (Northwest Orient Airlines, Inc. Court of Appeals and CF. Sharp & Company Inc, GR.No. 112573, February 9, 1995) DOMICILE AND CITIZENSHIP mas Bersonallaw ‘The law which attaches to a person wherever he may go and generally governs his status, capacity, condition, family relations, and the consequences of his actuations. (Sempio-Diy, 2004) Theories of personal law 1. The Nationality Theory or Personal Theory - the status and capacity of a person is determined by the law of his nationality or national law. (Sempio-Diy, 2004) NOTE: The Philippines Nationality Theory. follows the 2. Domiciliary Theory or Territorial Theory = the status and capacity of a person is determined by the law of his domicile. (Ibid,) 3, Situs or eclectic theory ~ the particular place or situs of an event or transaction is generally the controlling law. (Ibid.) ‘Problems in _applving _the _nationalitv principle in dual or multiple citizenship It arises from the concurrent application of jus soli and jus sanguinis at birth or from a refusal of certain States to accept a full application of the doctrine of expatriation, from marriage, or from a formal and voluntary act. 1. In matters of status, a person is usually considered by the forum as exclusively its ‘own national. His additional foreign nationality is disregarded. 2. In case litigation arises in a third country, the law most consistently applied is that of the country of which the person is not only a national but where he also has his domicile or habitual residence, or in the absence thereof, his residence. ‘Theory of effective nationality A third state shall recognize exclusively in its territory either the nationality of the country of v7 UNIVERSITY OF SANTO TOMAS FACULTY OF CIVIL LaWCiviL LAW which one is habitually and prindpally a resident, or the nationality of the country with which in the circumstances one appears to be in ‘act most closely connected. (Hague Convention (on Conflict Nationality Lawes, Art. 5) Q: On February 8, 1961, Lau Yuen Yeung applied for a passport visa to enter the Philippines as a non-immigrant. She stated that she desired to take a pleasure trip to visit her great grand uncle. On the date of her arrival, Asher Cheng filed a bond of P1,000 to undertake that Lau would depart the Philippines on or before the expiration of her authorized period of stay or within the period as in the discretion of the Commission of Immigration might properly allow. After repeated extensions, Lau was allowed to stay in the country until February 13, 1962. On January 25, 1962, she contracted a marriage with Moy Ya Lim Yao, a Filipino citizen. As an alien woman, may Lau be considered as a citizen of the Philippines by virtue of her marriage to a Filipino? ‘A: YES. An alien woman may be deemed a citizen of the Philippines by virtue of her marriage to a Filipino citizen only if she possesses all the qualifications and none of the isqualifications specified in the law, because these are the explicit requisites provided by law for an alien to be naturalized. Section 15 of the Revised Naturalization Law (Commonwealth Act ‘No. 473) provides that "Any woman who is now ‘or may hereatter be married to a citizen of the Philippines, and who might herself be lawfully naturalized shall be deemed a citizen of the Philippines.” Section 15 was obviously to accord to analien woman, by reason of her marriage to a Filipino, a privilege not similarly granted to other aliens. (Moy Ya Lim Yao “Alias” Edilberto Aguinaldo Lim And Lou Yuen Yeung v. Commissioner of Immigration, G.R. No. L-21289 October 4,1971) Q: Emesto S. Mercado and Eduardo Manzano were candidates for vice mayor of the City of ‘Makati, Manzano won the elections, however his proclamation was suspended because a certain Ernesto Mamaril filed a petition for his disqualification and alleged that Manzano was not a citizen of the Philippines but of the US. COMELEC 2nd Division granted the petition and cancelled the certificate of ‘candidacy on the grounds that dual citizens are disqualified from running any elective position under Sec40 of the LGC. But, COMELEC en bane reversed the said decision. It found that Manzano acquired US citizenship by operation of the US Constitution. He was also a natural bora Filipino Citizen by operation of 1935 Constitution, as his father and mother were Filipinos at the time of his birth. At the age of 6 his parents brought him in the country and registered him as an alien, but this however did not result in the loss of his Phil, Citizenship, as he did not renounce his Phil. Citizenship and did not take an oath of allegiance to the US. At the age of Majority, Manzano registered himself as a voter and voted in the elections of 1992, 1995 and 1998, which effectively renounced his US Citizenship under American Law. Is Dual citizenship a ground for disqualification? A: NO. Dual citizenshi allegiance. The phrase “dual citizenship” in RA 7160 must be understood as referring to “dual allegiance”, and persons with dual citizenship do not fall ‘under this disqualification. Dual Citizenship is involuntary, it arises out of circumstances like birth or marriage, while dual allegiance is a result of a person’s volition. It is a situation wherein a person simultaneously owes, by some positive act, loyalty to 2 or more states. is different fom dual Also, Manzano upon filing his certificate for candidacy has elected Phil, Citizenship thus terminating his dual citizenship. Particularly, he made these statements: "Iam a Filipino citizen, Natural born. I am not a permanent resident of, or immigrant to, a foreign country. | am eligible for the office I seek to he elected..1 will support the Constitution of the Philippines and will ‘maintain true faith and allegiance thereto... Such statement was sufficient to revoke his American citizenship, (Mercado v. Manzano & COMELEG, G.R. No. 135083 May 26, 1999) Q: Teodoro Cruz was born in San Clemente, Tarlac, to Filipino parents making him a natural-born citizen of the Philippines. However, respondent Cruz was enlisted in the United States Marine Corps and, without the consent of the Republic of the Philippines, took an oath of allegiance to the United States. As a consequence, he lost his Filipino Citizenship by his naturalization as a US. citizen in connection with his service in the US. Marine Corps. Thereafter, respondent Cruz reacquired his Philippine UNIVERSITY OF SANTO TOMAS 2021 GOLDEN NotesCONFLICT OF LAWS citizenship through repatriation under Republic Act No. 2630. He ran for and was elected as the Representative of the Second District of Pangasinan in the 1998 elections. He won over Antonio Bengson III, who was then running for reelection. Subsequently, Bengson filed a case with House of Representatives Electoral Tribunal (HRET) aiming that respondent Cruz was not qualified to become a member of the House of Representatives since he is not a natural born citizen as required under Article VI, Section 6 of the Constitution. The HRET dismissed the petition for quo warranto and declared respondent Cruz was duly elected as a Representative. The HRET also denied Bengson's motion for reconsideration. Can Cruz, a natural-born Filipino who became an American citizen, still be considered a natural-born Filipino upon his reacquisition of Philippine citizenship? ‘A: YES. Cruz can still be considered a natural: born Filipino upon his reacquistion of Philippine citizenship. He may have lost his Filipino citizenship when he rendered service in the Armed Forces of the United States. However, he subsequently reacquired Philippine citizenship under RA. No. 2630, Section 1, which provides: “Any person who had lost his Philippine citizenship by rendering service to, or accepting commission in, the Armed Forces of the United States, or after separation from the Armed Forces of the United States, acquired United States citizenship, may reacquire Philippine citizenship by taking an oath of allegiance to the Republic of the Philippines and registering the same with Local Civil Registry in the place where he resides or last resided in the Philippines. The said oath of allegiance shall contain a renunciation of any other citizenship” Cruz upon taking the required oath of allegiance to the Republic and having registered the same in the Civil Registry of Mangatarem, Pangasinan in accordance with the aforecited provision, is deemed to have recovered his original status as 2 natural-born citizen, a status which he acquired at birth as the son of a Filipino father. It bears stressing that the act of repatriation allows him to recover, or return to, his original status before he lost his Philippine citizenship. (Bengson v. HRET and Cruz, G.R. No. 142840. May 7,201) Q: What are the effects of marriages of: 1) a citizen to an alien; and 2) an alien toa citizen, on their spouses and children? ‘A: The following are the effects: 1. Filipino citizens who marry aliens retain their citizenship, unless by their act oF omission, they are deemed, under the law, to have renounced it (1987 Constitution, Art 1V, Sec. 4) 2. Sec. 15 of the Revised Naturalization Law provides that a foreign woman who marries a Filipino citizen becomes a Filipino citizen provided she possesses all the qualifications and none of the disqualifications for naturalization Sec. 15 was obviously to accord to an alien ‘woman, by reason of her marriage to a Filipino, a privilege not similarly granted to other aliens On the other hand, a foreign man who marries a Filipino citizen does not acquire Philippine citizenship. But under Sec. 3 of the same law, in such a case, the residence requirement for naturalization will be reduced from 10 to 5 years. Under 1Q), Art IV of the Constitution, the children of an alien and a Filipino citizen are citizens of the Philippines. (Mey Ya Lim Yao “Alias” Edilberto Aguinaldo Lim and Lau Yuen Yeung v. Commissioner of Immigration, GR.No, L-21289, October 4, 1971) Pre It is the place to which a person has a settled connection for certain legal purposes, either because his home Is there or because that Is the place assigned tohim by law. Sec. Domiciliary _or Territorial _Theory/Lex Domicili ‘The individual's private rights, condition, status, and capacity are determined by the law of his domicile. It is adopted mostly by common law countries with population consisting of diferent nationalities. Their unity may be achieved by adopting the law of their domicile. ‘Basic Fundamental principles of domicile 1. No person shall be withouta domicile. 2. A person cannot have two simultaneous domiciles 3. Every natural person, as long as he is free and sui juris, may change his domicile at his pleasure. 4, A domicile once acquired is retained unless a new one is gained, 19 UNIVERSITY OF SANTO TOMAS FACULTY OF CIVIL LaWCiviL LAW 5. The presumption isin favor of continuance of domicile, the burden of proof is on the one who alleges that change of domicile has taken place. 6 To acquire a fresh domicile, residence and intention must concur; to retain an existing domicile, either residence there or intention to remain must be present; to abandon a domicile, residence in a new place and intention to abandon the old place must concur. (Gallego v. Verra, GR No. L-48641, November?24, 1941) Essent isi i acquire a domicile of choice Capacity; Actual physical presence in the place chosen; Freedom of choice; and Provable intent that it should be one’s fixed and permanent place of abode hat is, there should be “animus manendi” (intent to remain) or: “animus revertendi” (intent not to return to the original abode), ‘one’s home Legal classifications of domicile 1. Domicile of origin - the domicile of a person's parents atthe time of birth. 2. Constructive domicile - — domicile established by law after birth in case of persons under legal disability, regardless of their intention or voluntary act. ules ini sie of A minor follows the domicile of his parents. (Imelda Romualdez-Marcos v. Comelec. GR. No 119976, September 18, 1995) birth The domicile of his father at the time of his birth controls OG Rena eer MINORS. 1. If legitimate, the domicile of both parents. In case of disagreement, that of the father, unless thereis a judicial order to the contrary. 2. If illegitimate, the domicile of the mother. 3. In case of absence or death of either parent, the domicile of the present Parent. Even in the case of remarriage of the surviving parent, still his/her domicile determines the constructive domicile of the minor child 4. If the child is adopted, the domicile of choice of the adopter is the child's constructive domicile. INSANES, IDIOTS, IMBECILES ‘The law assigns their domicile to them: 1. If they are below the age of majority, the rules on minors apply to them. 2. If they are of age and have guardians, they follow the domicile of choice of their guardians. 3. If they are of age and have no guardians, their constructive domicile is their domicile of choice before they became Pact aor His domicile of origin 1. The constructive is that of his parents domicile of the wife is at the time of his the domicile of both spouses, unless the law parents are allows the wife to have a separated, the Ifthe marriage | separate domicile for domicile of the isvalid valid and compelling custodial parent. Feasons. 2.1f there is legal His domicile of origin separation between the is that of the mother spouses, the wife can at_the time _of_his have her own domicile illegitimate UNIVERSITY OF SANTO TOMAS 2021 GOLDEN NotesCONFLICT OF LAWS of choice, 3. Ifthere isa separation de facto, the wife can also have a separate domicile. ‘Apply the same rules when the marriage is valid. Ifthe marriage | However, after is voldable annulment, the wife can freely select her own domicile of choice. The wife can have a Iyehe mariage mice separate, om sone oi prianer | Nalprsned iro enlistment. ‘Their domicile is the one Public officials | they had before they were or employees| assigned —_ elsewhere, abroad (diplomats, etc) unless they voluntarily adopt thelr place of employment as their permanent residence. MARRIED WOMEN, Ifthe marriage ts valid 1. The constructive domicile of the wife is the domicile of both spouses, unless the law allows the wife to have a separate domicile for valid and compelling 2. If there is legal separation between the spouses, the wife can have her own domicile of choice. 2. Ifthere isa separation de facto, the wife can also have a separate domicile. ‘Apply the same rules when the marriage is valid. Ifthe marriage | However, after is voidable annulment, the wife can freely select her own domicile of choice. Ifthe marriage is void ‘The wife can have a domicile separate from the husband. OTHER PERSONS iis domicile is the one he Convict OF | had possessed prior to his roe incarceration. Their domicile is thelr Soldiers domicile before their enlistment. Their domicile is the one Public officials | they had before they were or employees | assigned —_ elsewhere, abroad unless they voluntarily (diplomats, | adopt their place of etc) employment as thelr permanent residence. Q: Does leasing a condominium unit show an intention to establish not just a residence but domicile of choice? ‘A: NO. While a lease contract may be indicative of the petitioner's intention to reside in a place, it does not engender the kind of permanency required to prove abandonment of one’s original domicile. (Agapito Aquino V. COMELEC, Move Makati, Mateo Bedon and Juanito Icaro, GR. No. 120265, September 18, 1995) There are three requisites to acquire a new domicile: (1) Residence or bodily presence in a new locality; (2) An intention to remain there; and (3) An intention to abandon the old domicile. To successfully effect a change of domicile, one must demonstrate an actual removal or an actual change of domicile; a bona fide intention of abandoning the former place of residence and establishing a new one and definite acts which correspond with the purpose. In other words, there must basically beanimus manendi coupled with animus non revertendi. The purpose to remain in or at the domicile of choice must be for an indefinite period of time; the change of residence must be voluntary; and the residence at the place chosen for the new domicile must be actual. (Poe- Llamanzares v. Commission on Elections, G.R. Nos. 221697 & 221698-700, March 8, 2016) Q:On January 26, 2010, Enrico Echiverri filed a petition to exclude Luis Asistio from the permanent list of voters of Caloocan City. Echiverri alleged that Asistio is not a resident of Caloocan City, specifically not of 123 Interior P. Zamora St, Barangay 15, Caloocan City, the address stated in his Certificate of Candidacy for Mayor in 2010 elections. According to him, he found out that the Asistio’s address is non-existent. In detense, 2 UNIVERSITY OF SANTO TOMAS FACULTY OF CIVIL LaWCiviL LAW Asistio alleged that he is a resident of No. 116, P. Zamaro St, Caloocan City, and a registered voter of Precinct No. 1811A because he mistakenly relied on the address stated in the contract of lease with Angelina dela Torre Tengco. Should Asistio be excluded from the permanent list of voters of Caloocan city for failure to comply with the residency required by law? A: NO. Residency requirements for a voter are: one, a least one-year residence in the Philippines; and two, at least, six months in the place where the person intends to two. Residence, as used in the law pre-scribing the ‘qualifications for suffrage and for elective office, is doctrinally settled to mean domicile, Importing not only an intention to reside in a fixed place but also personal presence in that place, coupled with conduct indicative of such intention inferable from a person's acts, activities, and utterances. Domicile denotes a fixed permanent residence where, when absent for business or pleasure, or for like reasons, one intends to retura. In the consideration of circumstances obtaining in each particular case, three rules must be borne in mind, namely: (1) that a person must have a residence or domicile somewhere; (2) once established, it remains until a new one is acquired; and (3) that a person can have but one residence or domicile ata time. Asistio has always been a resident of Caloocan city for more than 72 years. Asistio served in Public office of Caloocan City in 1992, 1995, 1998, 2004 and 2007. In all of these occasions, Asistio cast his vote in the same city. ‘Taking these circumstances, it cannot be denied that Asistio has qualified, and continues to qualify, as a voter of Caloocan city. There is no showing that he has established, or that he had consciously and voluntarily abandoned his residence in Caloocan City. Thus, he should remain in the list of permanent voters of Caloocan city. (Luis Asistio v. Hon. Thelma Canlas Trinidad-Pe Aguirre, GR. No. 191124, April 27, 2010) FAMILY LAW AND PERSONAL CAPACITY Applicable Civil Code Provisions 1. _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 (NCC. Art 15) 2 All. marriages solemnized outside the Philippines in accordance with the laws in force in the county 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), 36, 37, and 38. (FG, Art. 26) GR: Under Article 26 of the Family Code, all ‘marriages solemnized outside the Philippines, in accordance with the laws in force in the country where they were solemnized, and valid there as. such, is also valid in the Philippines. XPN: If the marriage is void under Philippine law, the marriage is void even if it is valid in the country where the marriage was solemnized, 1. Those contracted by any party below 18 years of age even with the consent of parents for guardians; [FC, Art. 35 (1)] 2. Those bigamous or polygamous marriages not falling under Art. 41, FC; (FC Art 35 (4)] 3. Those contracted through mistake of one contracting party as to the identity of the other, [FC Art 35 (5)] 4. Those subsequent marriages that are void under Art 53,FC; [FC Art 35 (6)] Marriage contracted by any party who, at the time of the celebration, was psychologically incapacitated to comply with the essential marital obligations of marriage; (FC, Art 36) 6. Incestuous marriage; (FC, Art. 37) and 7. Void ab initio marriages or reasons of public policy. (FC, Art 38) Effect_of laws. iudements promulgated or ‘conventions agreed upon ina foreign country on Philippine prohibitive laws GR: Prohibitive laws concerning persons, their acts, or property and laws which have for their object public order, public policy or good customs are not rendered ineffective by laws, judgments promulgated or conventions agreed upon in a foreign country. XPN: Art, 26 par. 2 of the Family Code (FC), on mixed marriages where the foreigner obtained a divorce decree abroad and was thereby UNIVERSITY OF SANTO TOMAS 2021 GOLDEN NotesCONFLICT OF LAWS capacitated to remarry. Even though divorce is not recognized in the Philippines as a mode of terminating marriage, still the marriage is terminated by virtue of a judgment of divorce and issuance of a divorce decree by a foreign court. Q: Genevieve, a Filipino citizen, and Tetsushi Toyo (Tetsushi), a Japanese citizen, were married in Quezon City. After 19 years of marriage, the two filed a Notification of Divorce by Agreement, which the Mayor of Konohara-ku, Osaka City, Japan received and was later recorded in Tetsushi's family register as certified by the Mayor of ‘Toyonaka City. Genevieve filed before the Regional Trial Court a Petition for judicial recognition of foreign divorce and declaration of capacity to remarry, In support of her Petition, Genevieve submitted a copy of their (1) Divorce Certificate, (2) ‘Tetsushi's Family Register, (3) the Certificate of Acceptance of the Notification of Divorce, and (4) an English translation of the Civil Code of Japan. The RTC rendered a Judgment denying Genevieve's Petition noting that the ‘copy of the Civil Code of japan and its English translation submitted by Genevieve were not duly authenticated by the Philippine Consul in Japan, the Japanese Consul in Manila, or the Department of Foreign Affairs. Are the copy of the japan Civil Code and its English translation sufficient to prove Japan's law on divorce, requiring no further authentication by the’ Philippine Consul in Japan, the Japanese Consul in Manila, or the Department of Foreign Affairs? A: NO. The English translation submitted by petitioner was published by Eibun-Hore-Sha Inc, a private company in Japan engaged in publishing English translation of Japanese laws, which came to be known 2s the EHS Law Bulletin Series. However, these translations are “not advertised asa source of official translations of Japanese laws," rather, iis in the KANPO or the Oficial Gazette where al official laws and regulations are published, albeit in Japanese. Accordingly, the English translation submitted by petitioner is not an oficial publication exempted from the requirement of Suthentication. (Genevieve Rosal Arreza, AKA “Genevieve Arreza Tayo,” v. Tetsushi Toyo, Local Civil Registrar of Quezon City, and the Administrator and Civil Registrar General of the National Statistics Office, C.R. No. 213198, July 01, 2019, as penned by J. Leonen) Q: Rhodora Tanaka, a Filipino wife married to Selichi Tanaka, a Japanese national filed a Petition for judicial Determination and Dedaration of Capacity to Marry with the Regional Trial Court in order to judicially recognize her divorce against her husband. She presented a "Certificate of Acceptance of the Report of Divorce” she obtained from Japan, which was issued by the Mayor of Fukaya City, Japan, which was duly authenticated by the Philippine Consul in Japan. Is the “Certificate of Acceptance of the Report of Divorce” sufficientto prove that she and her husband have legally divorced and capacitated her to marry? ‘A: YES. Under Artide 26 of the Family Code, 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. ‘The Certificate of ‘Acceptance of the Report of Divorce was accompanied by an Authentication issued by Consul of the Embassy of the Philippines in Tokyo, Japan. Considering that the Certificate of ‘Acceptance of the Report of Divorce was duly authenticated, the divorce was validly obtained according to foreign spouse's law. Here, the national law of the foreign spouse states that the matrimonial relationship is terminated by divorce. The Certificate of Acceptance of the Report of Divorce does not state any qualifications that would restrict the remarriage of any of the parties. There can be no other interpretation than that the divorce procured by them completely terminates their marital tie, (Rhodora tumin Racho, a.k.a. "Rhodora Racho Tanaka,” v. Seiichi Tanaka, Local Civil Registrar of Las Pifias city, and the Administrator and Civil Registrar General of the National Statistics Office, GR. No. 199515, June 25, 2018, as penned by J. Leonen) ‘ATL. 26 of the Family Code 1. It must be a case of mixed marriage (one party is Filipino and the other is an aller); 2. The divorce must be obtained by the alien spouse and not by the Filipino spouse; and 2B UNIVERSITY OF SANTO TOMAS FACULTY OF CIVIL LaWCiviL LAW NOTE: Whether the Filipino spouse initiated the foreign divorce procesding or not, a decree dissolving the marriage bond and capacitating his or her alien spouse to remarry will have the same result: the Filipino spouse will effectively be without a husband or wife. worable Divorces obtained abroad by Filipino citizens may now be validly recognized in the Philippines but only in cases of mixed marriages involving a Filipino and a Foreigner. (Republic of the Philippines V. Marelyn Tanedo Manalo, GR No. 221029, April 24, 2018)) 3. The divorce obtained by the alien spouse must capacitate him or her to remarry. (Rabuya, 2009) case of mixed marriages If the marriage is valid under the law of one of the spouses while void under the law of the other, the validity of the marriage should be upheld, unless the marriage is universally highly immoral (the same rule a to foreigners who get married abroad), ey ree a nd oe ABROAD incestuous or The national law of the Filipino - Philippine law should be followed — otherwise the country’s public policy would be violated er ae a eed oer Tay ps0 facto becomes a Filipino citizen if she does not suffer under any disqualification for naturalization as a Pens Filipino citizen, rea 7 Personal relations: National law of the husband shall govern (GR). Law that governs the personal relations of the spouses GR: The personal relations of the spouses are governed by the national law of the husband. re © gaverning law (NGC Art 15 XPN: Change of nationalities of the spouses — governing law. (NCC, Art. 15) Effects: 1. If the spouses have the same nationality but they acquire a new nationality by their common act ~ their new national lav will govern their personal relations, 2. If the husband alone changes his nationality after the marriage ~ The law of the last common nationality of the spouses would govern, 3. If the spouses retain their different nationalities after the marriage - National law of both spouses should govern. CONTRACTS The extrinsic or formal validity ~ is governed by lex loci celebrationis or lex loci contractus. (NCC Art. 17) Lex loci contractus It means “the law of the contracts" the law that governs the intrinsic validity of a contract. It may be determined either through: 1. Lex voluntaiis or the law specifically stipulated by the parties in their contract; or 2. Lex intentionis or the law intended by the parties in the absence of an express stipulation. Lawthat governs the validity of contracts, rea ee amy Ci Ed Poe y Extrinsic rig | rarer | versus | vxses| ve | UNIVERSITY OF SANTO TOMAS 2021 GOLDEN NotesCONFLICT OF LAWS sale, tas donation Lease of renee 2x situs Jex situs Lex creates dexsitus | Lexsia situs real rights pase Fersona | vlunt Preee Lex loci lawof | atisor does not | celebration | WOE | ats create real | is pe | teeloct ae partes | intent Pledge, chattel mortgage, Lex mortaane, | ex-stus | Lexsitus | Le mortgage, antichresis Ter loci coneractos| tectci | Trsonal | volun loan: | celebration | | aioe Cine) s Parties | intenti Contract of 1 foam: | lexsitus | Lexsitus | Le ‘commedat um Lease of service, agency, guaranty, Lex suretyship oct NOTE: | Lexloci | Personal | volunt Agency to | celebration | lawof | atisor alienate or | is parties | lec loci ‘encumber intenti real nis property is ‘governed by lex situs contract of | 2. pci Ter transporta | 48! | personal | ioc tionor | CCPH" | Lawof | volunt carriage the | atis (render parties services) Tiability for Toss, destruction, deterioration of goods in transit law of destination of goods. (NCC, Art. 1753) If COGSA applies, limitation on ability applies, unless the shipper declares value of goods and inserts such declaration in the bill oflading. Contract for air transportation (Warsaw Convention) 1. The liability of the airline in case of death, injury to Passengers, or loss or damage to cargo is governed by Warsaw Conventien. 2. If there was malice, gross negligence, or bad faith, or improper discrimination, carrier is liable for damages beyond those limited by Warsaw Convention, NOTE: If contracts involve encumbrances of property, real or personal, apply lee situs. If personal contracts, law on contracts will apply. ‘SUCCESSION ‘Applicable Civil Code provisions 1. Real property as well as personal property [s subject to the law of the country where it is stipulated. However, intestate and successions, both with respect to the order of succession and to the amount of successional rights and to the intrinsic validity of testamentary provisions, shall be regulated by the national law of the person whose succession is under consideration, whatever may be the nature of the property and regardless of the country wherein said property may be found (NCC, Art 16} NOTE: Capacity to succeed is governed by the national law of the decedent. (NCC, Art. 1039) 25 UNIVERSITY OF SANTO TOMAS FACULTY OF CIVIL LaWCiviL LAW 2. The will of an alien who is abroad produces effect in the Philippines if made with the formalities prescribed by the law of the place in which he resides, or according to the formalities observed in his country, or in conformity with those which this Code prescribes. (NCC, Art. 816) NOTE: Proof that the will conforms to the laws mentioned is imperative. (Salud Teodoro Vde. De Perez v. Hon. Tolete, G.R. No. 76714, june 2, 1994) 3, Awill made in the Philippines by a citizen or subject of another country, which is executed in accordance with the law of the country of which he is a citizen or subject, and which might be proved and allowed by the law of his own country, shall have the same effect as if executed according to the laws of the Philippines. (NCC, Art. 817) NOTE: Probate is an adjudication that the last will and testament of a person was executed with all the formalities required by law. It does not pass upon the validity of the provisions of the will. The disallowance of a will being essentially procedural in character, the law of the forum will govern the procedural matters. However, the court will look into the law of the foreign state where the suit was made as to whether the extrinsic requirements in the execution of the will have been complied wit, 4, Joint wills executed by Filipinos in a foreign country shall not be valid in the Philippines, even though authorized by the laws of the country where they may have been executed. (NCC Art. 819) Q: How can a will executed abroad be made effective in the Philippines? A: A will made in a foreign country may be probated in the Philippines after sufficient proof is presented showing that the will was duly ‘executed in the manner required bylaw and that the testator had capacity at the same time he executed the will, Evidence necessary for the allowance of wills which have been probated outside the Philinnines 1. Due execution of the will in accordance with the foreign laws; 2. The testator has his domicile in the foreign country and not in the Philippines; 3. The will has been admitted to probate in such country; 4. The fact that the foreign tribunal is a probate court; and The laws of a foreign country on procedure and allowance of wills. (Suntay v. Suntay, G.. No. 132524, December 29, 1998) fae A procedure whereby a jural matter presented is referred by the conflict of laws rules of the forum toa foreign state, the conflict of laws rules of which in turn refers the matter back to the law of the forum (remission) or a third state (transmission). (Coquia, 2000) Thus, it is clear that renvoi can arise only from conflict of rules and not from internal rules. Q: What will the Court do, if it is confronted with a case with a “Renvoi" Problem? A: 1. Reject the renvoi - If the conflict rules of the forum refer later the case to the law of another state, it is deemed to mean only the internal law of that state. Thus, the court will apply the foreign law. (Paras, 1990) 2. Accept the renvoi - If the conflict rules of the forum refer the case to the law of another state, it is deemed to include the totality of the foreign law (internal law and conflict of Jaw rules). Thus, the court will recognize the referral back and apply the local law. (Ibid.) 3. Follow the Theory of Desistance ~ also referred to as "Mutual Disclaimer of Jurisdiction Theory.” The forum court upon reference to another state's law sees that such law is limited in application to its own aationals domiciled in its territory and has no provision for application to nationals domiciled outside of the territory. Hence the local court will apply the local law. NOTE: This has the same result as the acceptance of the Renvoi Doctrine but the process used by the forum court is to desist applying the foreign law. (Ibid) 4. Make use of the Foreign Court Theory ~ Forum a court assumes the same position that the foreign court would take if the case ‘s litigated in the foreign state, UNIVERSITY OF SANTO TOMAS 2021 GOLDEN NotesCONFLICT OF LAWS Double renvot It is that which occurs when the local court, in adopting the foreign court theory, discovers that the foreign court accepts the renvoi. (Sempio-diy, 2004) ‘Transmission It is the process of applying the law of a foreign state through the law of a second foreign state. Not the same as renvoi. Renvoi involves two laws while transmission involves three laws. (Paras, 1990) Remoivs.Transmission Dealswith 2 | Deals with 3 er more countries countries Deaswith | Deslswith fering efersingback’ | SKit Q: Linnie Hodges, an American citizen from Texas, made a will in 1952. In 1957, she died while domiciled in lloilo, Philippines. In her will, she left her entire estate in favor of her husband, Charles Hodges. It also states that should her husband later die, the entire estate shall be turned over to her brother and sister. A certain Avelina Magno, a trusted ‘employee of the Hodges, was appointed as the estate's administratrix. When Charles died in 1962, his lawyer, Atty. Gellada filed a motion before the probate court (Linnie’s estate) that Magno be temporarily appointed as the administratrix of Charles’ estate, According to Atty. Gellada, Charles left a will but the same cannot be presently presented. ‘The court granted the motion. When Charles’ will was later found, a petition for probate was filed for the said will. Magno opposed the said petition contending that Charles should turn over the properties to Linnie’s brother and sister as provided in Linnie's will. The probate court dismissed the opposition. Thereafter, the Philippine Commercial and Industrial’ Bank appointed as administrator of Charles’ estate. However, Magno refused to turn over the properties. According to Magno, Linnie was a citizen of Texas, USA at the time of her death. Thus, successional rights as to Linnie’s estate should governed by the law of Texas. What law should be applied in the case at bar? ‘A: The Supreme Court remanded the case back to the lower court. Both parties failed to adduce proof as to the law of Texas. Further, the Supreme Court held that for what the Texas law is on the matter, is a question of fact to be resolved by the evidence that would be presented in the probate court. The Supreme Court, however, emphasized that Texas law at the time of Linnie’s death is the law applicable, As to whether the law of Texas refers the matter back to Philippine laws must be proven by evidence presented before the court. (Philippine Commercial and Industrial Bank v. Hon, Venicio Escolin, G.R. Nos. L-27860 and L-27896 March 29, 1974) Q On November 8, 2001 Ruperta Cc. Palaganas (Ruperta), a Filipino who became a naturalized United States (U.S) citizen, died single and childless. In the last will and testament she executed in California, she designated her brother, Se (Sergio), as the executor of her had left properties in the Philippines and in the U.S. Respondent Ernesto C. Palaganas (Ernesto), another brother of Ruperta, filed with the RTC a petition for the probate of Ruperta’s will and for his appointment as special administrator ofher estate. However, petitioners Manuel Miguel Palaganas (Manuel) and Benjamin Gregorio Palaganas (Benjamin), nephews of Ruperta, opposed the petition on the ground that Ruperta’s will should not be probated in the Philippines but in the U.S. where she executed it, The RTC issued an order: (a) admitting to probate Ruperta’s last will; (b) appointing re-spondent Ernesto as special administrator at the request of Sergio, the US-based executor designated in the will; and (0) issuing the Letters of Spe Administration to Ernesto. CA affirmed. Cana will executed by a foreigner abroad be probated in the Philippines although it has not been previously probated and allowed in the country where it was executed? ‘A: YES. The law does not prohibit the probate of wills executed by foreigners abroad although the same have not as yet been probated and allowed in the countries of their execution. A foreign will can be given legal effects in our jurisdiction. The 27 UNIVERSITY OF SANTO TOMAS FACULTY OF CIVIL LaWCiviL LAW Civil Code states that the will of an alien who is abroad produces effect in the Philippines if made in accordance with the formalities prescribed by the law of the place where he resides, or according to the formalities observed in his country. (Palaganas v. Palaganas, G.R. No. 169144, Jonuary 26, 2011) PRN Rulesifaperson diestestate 1. If revocation takes place in the Philippines, whether the testator is domiciled in the Philippines or in some other country, it is valid if in accordance with Philippine laws. 2 If revocation takes place outside the Philippines by a testator domiciled in the Philippines, it is valid when it is in accordance with the laws of the Philippines. 3. Revocation done outside the Philippines, by a testator who does not have his domicile in this country, is valid when it is done according to the: a Law of the place where the will was made; or b. Law of the place where the testator had his domicile at the time of revocation. Ruleifa person dies intestate Follow lex nationali or the law of the nationality ofthe decedent. ‘CRIMES ‘Territoriality Principle Penal laws and those of public security and safety shall be obligatory upon all who live or sojourn in the Philippines, subject to the Principles of international law and treaty stipulations. (NCC, Article 14) Extra-territoriality. Penal statutes may find application even outside the territorial jurisdiction of an enacting state pursuant to treaty obligations and general principles of international law. An example of extra-territoriality is Art. 2 of the RPC. Q: May a Filipino convicted of a crime abroad serve his sentence in the Philippines? A: NO. Under the territoriality principle, a crime 's punishable only in the territorial jurisdiction where it was committed. Allowing a Filipino convicted abroad to serve sentence in the Philippines will be tantamount to recognizing and enforcing a foreign judgment which is penal in nature. Protective Theory, Any state whose national interests are adversely affected by the crime may protect itself by prosecuting and punishing the offender. The Philippines adheres to this theory to a limited extent. States claim extraterritorial criminal jurisdiction to punish crimes committed abroad which are prejudicial to their national security oF vital interests, even where the offenses are perpetrated by non-nationals. Jurisdiction is vested in the state whose national interests are injured or national security compromised, Universality Principle A state has extraterritorial jurisdiction over all crimes regardless of where they are committed oF who committed them, whether nationals or non-nationals. This is, however, generally forbidden under international law. Jurisdiction is vested with the state which has custody of offender who committed universal crimes such as piracy, genocide, etc. in the Philippines Our penal laws apply to all crimes committed within Philippine territory. Consequently, crimes committed outside the territory of the Philippines are not within the jurisdiction of Philippine authorities to prosecute, subject only to certain exceptions. Because of this principle, a criminal case for bigamy cannot be filed against 1 Filipino who contracted a second or bigamous marriages abroad. TORTS: GR: Lex loci delicti comissior the law of the place where the tort was committed will govern. UNIVERSITY OF SANTO TOMAS 2021 GOLDEN NotesCONFLICT OF LAWS Reason: The state where the social disturbance occurred has the primary duty to redress the wrong and determine the effects of the injury; to compensate the victim for the damage or injury suffered, Obligation Theory ‘The tortuous act gives rise to an obligation, which is transitory and follows the person committing the tortuous act and may be enforced wherever he may be found. (Coquia, 2000) Philippine conflict rules on tort problems If the tort law of the Philippines embodies 2 social or economic policy, then the law of the forum on torts shall be applied. If the Philippines has no concern or interest in the application ofthe internal law, and the other State have an interest, apply the law of such State NOTE: The state where an injury has occurred has interest in compensating the injured party, while the state where the tortfeasor acted has an interest in regulating the conduct of persons found in its territory. RECOGNITION AND ENFORCEMENT OF FOREIGN JUDGMENT 7 [oes ‘The defendant or the respondent is presenting the foreign judgment merely as a defense, on the basis of res judicata (aera The plaintiff — or petitioner wants the court to positively carry out and make effective the foreign judgment. Invokes merely as act oF sense of justice. Implies an sovereignty Needs no proceeding o action but implies that the same has already been filed against the defendant who is invoking the foreign judgment. Requires a separate action brought precisely to make the foreign judgment effective Recognition is a | Enforcement is an passive effect of | active recognition. foreign judgment. and implementation of the — foreign judgment from the Tocal cour, rendering the foreign judgment and seeking ite enforcement by the sheriff on accordance with the Rules of Court. foreign judgment 1. The defendant has been given reasonable notice and opportunity to be heard; 2. There is adequate proof of foreign judgment, 3. The foreign judgment must have disposed of the controversy on the merits and must be zes judicota, ie, judgment on the merits is final, issued by a foreign court having jurisdiction over the subject matter and parties, and there was identity of parties, subject matter, and the cause of action; 4, Iemust not be barred by prescription both in the state where it was promulgated and the where it is soughtto be enforced; 5. State where the foreign judgment was obtained allows recognition or enforcement of Philippine judgments; 6. IF the foreign judgment is for a sum of money, it must be fixed; 7. Foreign judgment must not be contrary to the public policy or good morals of the country where it is to be enforced; 8. Judgment must not have been obtained by fraud, collusion, mistake of fact or law; and 9. It must be a judgment in civil or commercial matters, including questions of status, not on criminal, revenue, or administrative matter. NOTE: For Philippine courts ta recognize foreign judgment to the status of a marriage where one of the parties isa citizen of a foreign country, the petitioner only needs to prove the foreign judgment as fact under the Rules of Court. Petitioner may prove the Japanese Family Court judgment through (1) an official publication or (2) a certification or copy attested by the officer who has custody of the judgment. If the office which has custody is in a foreign country such as. Japan, the certification may be made by the proper diplomatic or consular officer of the Philippine foreign service in Japan and authenticated by the seal of office. (Fyjiki v. Marinay, G.R. No. 196049, June 26, 2013) ‘Effects of a judgment or final order of a 29 UNIVERSITY OF SANTO TOMAS FACULTY OF CIVIL LaWCiviL LAW judgment Courts is being sought in Philippine 1. Ina judgment or final order upon a specific thing, the judgment or final order is conclusive upon the title to the thing; and 2, Ina judgment or final order against a person, the judgment or final order is presumptive evidence of a right as between the parties and their successors in interest by a subsequent title, NOTE: In either case, the judgment or final order may be repelled by evidence of want of jurisdiction, want of notice to 2 party, collusion, raud or clear mistake of law or fact. (ROC, Rule 59, Sec. 48) Q: The Special Sixth Division of the Court of Appeals refused to recognize the Entry of Appearance of Quasha Law Office as the new counsel of Legend International Resorts, Limited (LIRL). It said that the appointment of LIRL’s joint and several liquidators were made pursuant to an Order of the Hong Kong Court. Since it was a foreign judgment, Philippine Courts could not take judicial notice thereof as the final orders of foreign tribunals could only be enforced in the Philippines after appropriate proceedings. ‘The CA concluded that Picazo Law Office was the only counsel entitled to represent and file pleadings for and on behalf of petitioner LIRL. Quasha Law Office and LIRL then filed a special civil action for Certiorari under Rule 65 seeking to reverse and set ‘on the ground of grave abuse of discretion amounting to lack or excess of jurisdiction of the Special Sixth Division of the CA. Did the special CA Division gravely abuse its discretion in considering the Orders of the Hong Kong Court appointing liquidators for LIRL involved enforcement and recognition ofa foreign judgment? A. NO. It has already been settled in the aforesaid two Decisions that the Orders of the Fong Kong Court appointing liquidators for petitioner LIRL did not involve the enforcement of a foreign judgment. The act of terminating the legal services of private respondent Picazo Law Office and engaging in its place petitioner Quasha Law Office was a mere exercise of petitioner LIRLs prerogative, through its appointed liquidators, witich was an internal affair that required no prior recognition in a separate action. There was no enforcement of a foreign judgment when one of the appointed liquidators terminated the legal services of private respondent Picazo Law Office and engaged In its stead petitioner Quasha Law Office to be the duly authorized counsel of petitioner LIRL. What is involved is the prerogative of petitioner LIRL, through its duly authorized representative = which, in this case, is its appointed liquidators to terminate and engage the services of a counsel, which is an internal affair that requires no prior recognition in a separate action. (Quasha Ancheta Pea et al v. the Special Sixth Division of the Court of Appeals, GR No 182013, December 4, 2009) Q: Gerbert, a naturalized Canadian citizen, married ‘Daisylyn, a Filipino, but. subsequently left for Canada due to work and other professional commitments. When he returned to the Philippines, he discovered that Daisylyn was already romantically involved with another man. Hurt and disappointed, Gerbert returned to Canada and filed a petition for divorce which was eventually granted. Two years later, he had fallen in love with another Filipina and wished to marry her. He then went to the civil registry to register the divorce decree of his marriage certificate with Daisylyn, However, despite the registration, an official of NSO informed Gerbert that the former marriage still subsists under the Philippine law until there has been a judicial recognition of the Canadian divorce by a competent judicial court in view of NSO Circular No. 4, series of 1982. Consequently, he filed a petition for judicial recognition of foreign divorce and/or declaration of dissolution of marriage with the RTC. RTC denied the same and concluded that Gerbert was not the proper party to institute the action for judicial recognition of the foreign divorce decree as he is a naturalized Canadian citizen. It ruled that only the Filipino spouse can avail of the remedy, under the second paragraph of Article 26 of the Family Code. Does the second paragraph of Article 26 of the Family Code extend to aliens the right to UNIVERSITY OF SANTO TOMAS 2021 GOLDEN Notes