Persons and Family Relations

Rules of Personal Law

DOMICILIARY RULE - Basis for determining personal law of an individual is his

domicile.
Domicile - The country that a person treats as their permanent home, or lives in and has
a substantial connection with.

NATIONALITY RULE - Basis for determining personal law of an individual is his

citizenship.

LEX NATIONALII
- Citizenship is the basis for determining the personal law applicable.

Article 15 - Laws relating to family rights and duties, or to the status, condition and legal
capacity of persons are binding upon citizens of the Philippines even though living abroad.

Nationality Rule. Regardless of where a citizen of the Philippines might be, he or she will
be governed by Philippine laws with respect to his or her family rights and duties, or to his or her
status, condition and legal capacity. Hence, if a Filipino, regardless of whether he or she was
married here or abroad, initiates a petition abroad to obtain an absolute divorce from his wife or
her husband (whether Filipino or foreigner) and eventually becomes successful in getting an
absolute divorce decree, the Philippines will not recognize such absolute divorce.

Exception Article 26 p. 2 of Family Code

- The only absolute divorce which the Philippines recognizes is one which is procured by
the alien spouse of the Philippine citizen. Hence, in the eyes of Philippine law insofar as
the Filipino is concerned and in cases where he or she is the one who procures the
absolute divorce abroad, his or her status is still married and therefore should he or she
marry again, he or she can be considered to have committed either concubinage in case
of the husband or adultery in case of the wife
LEX REISITAE
- Legal doctrine of property law and of International private law.
 - Latin word for the law where the property is situated.

Article 16 - Real property as well as personal property is subject to the law of the country where
it is situated. However, intestate and testamentary successions, both with respect to the order
succession and to the amount of succession 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.

Exceptions - Capacity to succeed

- Intrinsic validity of will
- Amount of succession rights
- Order of succession

LEX LOCI CELEBRATIONIS

- The Law of the place where a contract especially of marriage is made.

Article 17 - The form of solemnities of contracts, wills, and other public instruments shall be
governed by the laws of the country in which they are executed. When the acts referred to are
executed before the diplomatic or consular officials of the Republic of the Philippines in a foreign
country, the solemnities established by Philippine laws shall be observed in their execution.
Prohibitive laws concerning persons, their acts or property, and those which have for their object
public order, public policy and good customs shall not be rendered ineffective by laws or
judgments promulgated, or by determinations or conventions agreed upon in a foreign country.
 RULES ON INTRINSIC VALIDITY OF CONTRACTS:
1. Law stipulated by parties shall be applied
2. In default thereof and the parties are of the same nationality, their national law shall be
applied.
3. If the parties are of different nationalities, the law of the place of the perfection of the
obligation or of the performance shall govern its fulfillment.
4. If the above places are not specified and they cannot be deduced from the nature and
circumstances of the obligation, then the law of the passive subject shall apply.
5. RENVOI DOCTRINE: Where the conflict rules of the forum refer to a foreign law, and the
latter refers it back to the internal law, the latter law (law of forum) shall apply. If the foreign law
refers it to a third country, the said country’s law shall govern (transmission theory)

RULES ON PROHIBITIVE LAWS General Rule: 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 foreign country.
Exception:
Art. 26 (2) of Family Code - Art. 26. All marriages solemnized outside the
Philippines, in accordance with the laws in force in the country where they were
solemnized, and valid there as such, shall also be valid in this country, except those
prohibited under Articles 35 (1), (4), (5) and (6), 3637 and 38. (17a)

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. (As amended by Executive Order 227)
References:
https://www.officialgazette.gov.ph/1987/07/06/executive-order-no-209-s-1987/
https://www.chanrobles.com/executiveorderno209.htm#.X1DEHTsvPrd
https://www.academia.edu/13727940/Persons_and_Family_Relations_Sta_Maria_
http://www.h0neyed.yolasite.com/resources/Persons%20Reviewer.pdf