The Lex Domicilii

Rule Lex domicilii (Domiciliary principle) - the law of the place of domicile governs Domicile - place of habitual residence; a place to
which, whenever absent for business or for pleasure, one intends to return, and depends on facts and circumstances in the sense
that they disclose intent

ELEMENTS:
1. Physical presence
2. Animus manendi - intention of returning there permanently
**The law of the forum governs the standards of domicile. If domicile is put in issue, the court will apply its own laws to
determine the controversy.

Kinds of Domicile
1. Domicile of origin or by birth
2. Domicile of choice
3. Domicile by operation of law

Rules regarding Domicile

• A man has a domicile somewhere
• A domicile once established remains until a new one is acquired
• A man can have but only one domicile at a time

HOW A NEW DOMICILE IS ACQUIRED:

1. Actual removal or actual change of domicile
2. Bona fide intention of abandoning the former place of residence and establishing a new one
3. Acts which correspond with such purpose
**All the foregoing elements must be proved in order to rebut the presumption of Continuity of Domicile.

Residence - the actual relationship of an individual to a certain place; physical presence of a person in a given area, community or
country

Residence vs. Domicile

“Residence” is used to indicate a place of abode, whether permanent or temporary; “domicile” denotes a fixed permanent
residence to which, when absent, one has the intention of returning. A man ma have a residence in one place and a
domicile in another. Residence is not domicile, but domicile is residence coupled with the intention to remain for an
unlimited time. A man can have but one domicile for the same purpose at any time, but he may have numerous places of
residence. His place of residence is generally his place of domicile, but it is not by any means necessarily so since no length
of residence without intention of remaining will constitute domicile. (Romualdez-Marcos vs. COMELEC, G.R. No. 119976,
Sept. 18, 1995)

SITUS THEORY

Lex situs - the applicable law regarding the acquisition, transfer and devolution of the title to property is the law where the property
is located
Lex loci rei sitae (lex situs)
- the law of the place where a thing is situated
- governs both real and personal property. But mobilia sequuntur personam (personal property follows the person) still
finds application in the sense that wherever a person may be, that is also considered as the situs of his personal
property.
- **Shares of stock – where the corporation which issued them is domiciled or is incorporated
EXCEPTIONS TO LEX LOCI REI SITAE:
1. A matter which concerns only real property incidentally and which is in reality of a personal nature
2. Treaty