CIVIL LAW | Private International Law | Atty. Jay L.

Batongbacal

Basic Conflict of Law Rules

PRIVATE INTERNATIONAL
Lex loci law of the place
LAW Lex fori law of the court before which
CIVIL LAW the case is pending
ATTY. JAY L. BATONGBACAL

Lex loci law of the place where

Location contractus contract was
Private International Law in General
coincides made/performed
Lex domicilii law of the place of residence
The part of Philippine law which regulates the application of a party
of foreign law within Philippine jurisdiction in the resolution Lex loci rei law of the place where the
of cases involving foreign elements, and the enforcement
sitae thing is located (eg., real
or recognition of foreign judgments.
property)
Lex patriae law of the country/national
Distinguished from Public International Law
or lex
• Rules are municipal by nature (part of internal law)
nationalli
• Governs private individual rights, even if involving
Lex loci law of the place selected by
foreign element Location
voluntantis – the
• with private transactions need not
parties
• Resorted to by municipal tribunals coincide
Lex loci law of the place intended by
Conflict Rules
intentionis the
The constituent rules of private international law within
parties
Philippine law.
Lex situs law of the place where the
property is situated (same as
Specific rules contained within the internal law of the
lex loci)
Philippines which guide the Court in deciding which law to
Lex loci law of the law of
apply (PH or foreign) in order to determine the party’s
Voluntary solutionis resolution/performance
rights in cases involving a “foreign element”
acts Lex merchant law, adopted/used
“Foreign Element” mercatoria by all commercial nations
A fact, status, event, relationship, or transaction having a Lex loci law of the place where the
juridical or legal connection with a foreign legal delicti crime was committed
system/jurisdiction, sufficient to raise either of two issues: commissi
1. The choice of law – whether PH law or foreign law Lex loci law of the place where the act
should be applied by the Court in resolving the case, Involuntary actus was done
or Acts Lex non unwritten common law,
2. Jurisdiction – whether the Court should exercise scripta particular customs/practices
jurisdiction over the case, or decline for the reason
that jurisdiction properly belongs to a foreign court
Geographic Theory
Why should foreign law be applied at all? Normally, the place determines the applicable law.
• Comity – for convenience, and to protect our citizens (Territoriality principle)
• Vested rights – what is being enforced is not foreign
law but the rights vested under such law Nationality Theory
• Local law – our own laws say that we should do so The status and capacity of an individual are usually
• Harmony of laws – to achieve similarity of governed by the law of his nationality. (Nationality
solutions/remedies wherever a case may have been principle)
decided
• Justice – the purpose of all laws is to dispense justice, Domicillary Theory
including in cases applying foreign laws The status, condition, rights, obligation and capacity of an
individual is governed by the law of his domicile.

UP Law Center – Bar Review Institute 1

CIVIL LAW | Private International Law | Atty. Jay L. Batongbacal

Republic v. Manalo, GR 221029, 24 Apr 2018 and respondent is absolute and completely terminates
“Conveniently invoking the nationality principle is their marital tie.
erroneous. Such principle, found under Article 15 of the
Civil Code, is not an absolute and unbending rule. In fact, “Even under our laws, the effect of the absolute dissolution
the mere existence of Paragraph 2 of Article 26 is a of the marital tie is to grant both parties the legal capacity
testament that the State may provide for an exception to remarry…”
thereto. Moreover, blind adherence to the nationality
principle must be disallowed if it would cause unjust Renvoi Doctrine
discrimination and oppression to certain classes of
individuals whose rights are equally protected by law. The Definition
courts have the duty to enforce the laws of divorce as A procedural device to resolve a situation where
written by the Legislature only if they are constitutional.” application of the conflict of laws rule refers the matter to a
foreign jurisdiction, but which in turn also contains a
“To reiterate, the purpose of Paragraph 2 of Article 26 is to conflict of laws rule that refers the matter back to the
avoid the absurd situation where the Filipino spouse origin, or to a third State.
remains married to the alien spouse who, after a foreign
divorce decree that is effective in the country where it was Note: This requires the foreign law to have a rule that
rendered, is no longer married to the Filipino spouse. The reflects the referral “away” from that jurisdiction
provision is a corrective measure to address an anomaly
where the Filipino spouse is tied to the marriage while the Enforcement of Foreign Judgment
foreign spouse is free to marry under the laws of his or her
country. Whether the Filipino spouse initiated the foreign Art. 17 (3), CC: “Prohibitive laws concerning persons, their
divorce proceeding or not, a favorable decree dissolving acts or property, and those which have, for their object,
the marriage bond and capacitating his or her alien spouse public order, public policy and good customs shall not be
to remarry will have the same result: the Filipino spouse will rendered ineffective by laws or judgments promulgated, or
effectively be without a husband or wife. A Filipino who by determinations or conventions agreed upon in a foreign
initiated a foreign divorce proceeding is in the same place country.”
and in like circumstance as a Filipino who is at the
receiving end of an alien-initiated proceeding. Therefore, Art. 1306, CC: “The contracting parties may establish such
the subject provision should not make a distinction. In both stipulations, clauses, terms and conditions as they may
instances, it is extended as a means to recognize the deem convenient, provided they are not contrary to law,
residual effect of the foreign divorce decree on Filipinos morals, good customs, public order, or public policy.”
whose marital ties to their alien spouses are severed by
operation of the latter's national law.” Sec. 48, Rule 39, ROC: The effect of a foreign judgment or
final order of a tribunal of a foreign country, having
Racho v. Tanaka, GR 199515, 25 Jun 2018 jurisdiction to render the judgment or final order is as
“Recent jurisprudence, therefore, holds that a foreign follows:
divorce may be recognized in this jurisdiction as long as it (a) In case of a judgment or final order upon a specific
is validly obtained, regardless of who among the spouses thing, the judgment or final order, is conclusive
initiated the divorce proceedings. upon the title to the thing; and
(b) In case of a judgment or final order against a
“The question in this case, therefore, is not who among the person, the judgment or final order is presumptive
spouses initiated the proceedings but rather if the divorce evidence of a right as between the parties and
obtained by petitioner and respondent was valid. their successors in interest by a subsequent title.

“The Regional Trial Court found that there were two (2) In either case, the judgment or final order may be repelled
kinds of divorce in Japan: judicial divorce and divorce by by evidence of a want of jurisdiction, want of notice to the
agreement. Petitioner and respondent's divorce was party, collusion, fraud, or clear mistake of law or fact.
considered as a divorce by agreement, which is a valid
divorce according to Japan's national law. BPI v. Guevarra, GR 167052, 11 Mar 2015
“It is an established international legal principle that final
“Here, the national law of the foreign spouse states that judgments of foreign courts of competent jurisdiction are
the matrimonial relationship is terminated by divorce. The reciprocally respected and rendered efficacious subject to
Certificate of Acceptance of the Report of Divorce does certain conditions that vary in different countries. In the
not state any qualifications that would restrict the Philippines, a judgment or final order of a foreign tribunal
remarriage of any of the parties. There can be no other cannot be enforced simply by execution. Such judgment or
interpretation than that the divorce procured by petitioner order merely creates a right of action, and its non-
UP Law Center – Bar Review Institute 2
CIVIL LAW | Private International Law | Atty. Jay L. Batongbacal

satisfaction is the cause of action by which a suit can be conveniens relates to, but is not subsumed by, the second
brought upon for its enforcement. An action for the of these.
enforcement of a foreign judgment or final order in this
jurisdiction is governed by Rule 39, Section 48 of the Rules “Likewise, contractual choice of law is not determinative of
of Court…” jurisdiction. Stipulating on the laws of a given jurisdiction as
the governing law of a contract does not preclude the
“…recognition and enforcement of a foreign judgment or exercise of jurisdiction by tribunals elsewhere. The reverse
final order requires only proof of fact of the said judgment is equally true: The assumption of jurisdiction by tribunals
or final order. In an action in personam, as in the case at does not ipso facto mean that it cannot apply and rule on
bar, the foreign judgment or final order enjoys the the basis of the parties' stipulation.“
disputable presumption of validity. It is the party attacking
the foreign judgment or final order that is tasked with the “Here, the circumstances of the parties and their relation
burden of overcoming its presumptive validity. A foreign do not approximate the circumstances enumerated in
judgment or final order may only be repelled on grounds Puyat, which this court recognized as possibly justifying the
external to its merits, particularly, want of jurisdiction, want desistance of Philippine tribunals from exercising
of notice to the party, collusion, fraud, or clear mistake of jurisdiction.
law or fact.”
“First, there is no basis for concluding that the case can be
Conflict of Laws Problems more conveniently tried elsewhere. As established earlier,
Saudia is doing business in the Philippines. For their part,
Decision Option 1 all four (4) respondents are Filipino citizens maintaining
Dismiss the case due to forum non-conveniens residence in the Philippines and, apart from their previous
• Forum non-conveniens – the forum in inconvenient, employment with Saudia, have no other connection to the
justice is better served by having the controversy tried Kingdom of Saudi Arabia. It would even be to respondents'
elsewhere inconvenience if this case were to be tried elsewhere
• Court retains discretion to assume jurisdiction despite
defense of forum non- conveniens “Second, the records are bereft of any indication that
respondents filed their Complaint in an effort to engage in
Saudi Arabian Airlines v. Rebesencio, GR forum shopping or to vex and inconvenience Saudia.
198587, 14 Jan 2015
“Third, there is no indication of "unwillingness to extend
“A choice of law governing the validity of contracts or the
local judicial facilities to non-residents or aliens." That
interpretation of its provisions dees not necessarily imply
Saudia has managed to bring the present controversy all
forum non conveniens. Choice of law and forum non
the way to this court proves this.
conveniens are entirely different matters.
“Fourth, it cannot be said that the local judicial machinery
“Choice of law provisions are an offshoot of the
is inadequate for effectuating the right sought to be
fundamental principle of autonomy of contracts. Article
maintained. Summons was properly served on Saudia and
1306 of the Civil Code firmly ensconces this:
jurisdiction over its person was validly acquired.
Article 1306. The contracting parties may establish
such stipulations, clauses, terms and conditions as
“Lastly, there is not even room for considering foreign law.
they may deem convenient, provided they are not
Philippine law properly governs the present dispute.”
contrary to law, morals, good customs, public order,
or public policy.
“As the question of applicable law has been settled, the
supposed difficulty of ascertaining foreign law (which
“In contrast, forum non conveniens is a device akin to the
requires the application of forum non conveniens) provides
rule against forum shopping. It is designed to frustrate illicit
no insurmountable inconvenience or special circumstance
means for securing advantages and vexing litigants that
that will justify depriving Philippine tribunals of jurisdiction.
would otherwise be possible if the venue of litigation (or
dispute resolution) were left entirely to the whim of either
Even if we were to assume, for the sake of discussion, that
party.
it is the laws of Saudi Arabia which should apply, it does
not follow that Philippine tribunals should refrain from
“Contractual choice of law provisions factor into
exercising jurisdiction. …it is not so much the mere
transnational litigation and dispute resolution in one of or in
applicability of foreign law which calls into operation forum
a combination of four ways: (1) procedures for settling
non conveniens. Rather, what justifies a court's desistance
disputes, e.g., arbitration; (2) forum, i.e., venue; (3)
from exercising jurisdiction is "[t]he difficulty of ascertaining
governing law; and (4) basis for interpretation. Forum non
foreign law" or the inability of a "Philippine Court to make
an intelligent decision as to the law[.]”
UP Law Center – Bar Review Institute 3
CIVIL LAW | Private International Law | Atty. Jay L. Batongbacal

“All told, the considerations for assumption of jurisdiction “The trial court assumed jurisdiction and explained in its
by Philippine tribunals …have been satisfied. First, all the Order dated August 11, 1995 that "[o]n the contrary[,] to
parties are based in the Philippines and all the material try the case in the Philippines, it is believed, would be
incidents transpired in this jurisdiction. Thus, the parties more convenient to defendant corporation as its principal
may conveniently seek relief from Philippine tribunals. office is located in the Philippines, its records will be more
Second, Philippine tribunals are in a position to make an accessible, witnesses would be readily available and entail
intelligent decision as to the law and the facts. Third, less expenses in terms of legal services." We agree.
Philippine tribunals are in a position to enforce their
decisions. There is no compelling basis for ceding “Petitioner is a domestic corporation with its main office in
jurisdiction to a foreign tribunal. Quite the contrary, the the Philippines. It is safe to assume that all of its pertinent
immense public policy considerations attendant to this documents in relation to its business would be available in
case behoove Philippine tribunals to not shy away from its main office. Most of petitioner's officers and employees
their duty to rule on the case.” who were involved in the construction contract in Malaysia
could most likely also be found in the Philippines. Thus, it is
PNCC v. Asiavest Merchant Bankers, GR unexpected that a Philippine corporation would rather
172301, 19 Aug 2015 engage this civil suit before Malaysian courts. Our courts
"Forum non conveniens literally translates to 'the forum is would be "better positioned to enforce [the] judgment and,
inconvenient.'" This doctrine applies in conflicts of law ultimately, to dispense" in this case against petitioner.
cases. It gives courts the choice of not assuming
jurisdiction when it appears that it is not the most “Also, petitioner failed to plead and show real and present
convenient forum and the parties may seek redress in danger that another jurisdiction commenced litigation and
another one. It is a device "designed to frustrate illicit the foreign tribunal chose to exercise jurisdiction.”
means for securing advantages and vexing litigants that
would otherwise be possible if the venue of litigation (or Decision Option 2
dispute resolution) were left entirely to the whim of either Assume jurisdiction, determine applicable law (internal law
party." or foreign law)
• internal law should applied whenever there is good
“Puyat v. Zabarte enumerated practical reasons when reason to do so:
courts may refuse to entertain a case even though the • Specific rule requires internal law to be applied
exercise of jurisdiction is authorized by law: - NCC 16: lex rei sitae govern real and personal
property, UNLESS subject of succession, in
1) The belief that the matter can be better tried which case lex nationali of decedent applies
and decided elsewhere, either because the - NCC 289: lex domicilli determines whether
main aspects of the case transpired in a revocation of a donation done outside the
foreign jurisdiction or the material witnesses Philippines
have their residence there; - NCC 819: Filipino citizens not permitted by law to
2) The belief that the non-resident plaintiff sought make joint wills, even if valid in a foreign country
the forum[,] a practice known as forum (lex nationali prevails in succession)
shopping[,] merely to secure procedural
advantages or to convey or harass the
defendant; Article 16, CC. Real property as well as personal property
3) The unwillingness to extend local judicial is subject to the law of the country where it is stipulated.
facilities to non residents or aliens when the
docket may already be over-crowded; However, intestate and testamentary successions, both
4) The inadequacy of the local judicial machinery with respect to the order of succession and to the amount
for effectuating the right sought to be of successional rights and to the intrinsic validity of
maintained; and testamentary provisions, shall be regulated by the national
5) The difficulty of ascertaining foreign law. law of the person whose succession is under
consideration, whatever may be the nature of the property
On the other hand, courts may choose to assume and regardless of the country wherein said property may
jurisdiction subject to the following requisites: "(1) that the be found. (10a)
Philippine Court is one to which the parties may
conveniently resort to; (2) that the Philippine Court is in a Article 819, CC. Wills, prohibited by the preceding article,
position to make an intelligent decision as to the law and executed by Filipinos in a foreign country shall not be valid
the facts; and (3) that the Philippine Court has or is likely to in the Philippines, even though authorized by the laws of
have power to enforce its decision." the country where they may have been executed. (733a)

UP Law Center – Bar Review Institute 4

CIVIL LAW | Private International Law | Atty. Jay L. Batongbacal

• Foreign law was not properly pleaded or proved, or Philippine law shall govern the overseas employment
contrary to public policy/internal law contract.”
• Party has better chance of securing effective relief in
domestic court rather than foreign court Resolution of Conflict of Laws
• OFW contracts – PH laws apply unless 4 conditions
satisfied

Industrial Personnel and Management Services

v. De Vera, GR 205703, Mar 7, 2016
“Based on the foregoing, the general rule is that Philippine
laws apply even to overseas employment contracts. This
rule is rooted in the constitutional provision of Section 3,
Article XIII that the State shall afford full protection to labor,
whether local or overseas. Hence, even if the OFW has his
employment abroad, it does not strip him of his rights to
security of tenure, humane conditions of work, and a living
wage under our Constitution.

“As an exception, the parties may agree that a foreign law

shall govern the employment contract A synthesis of the
existing laws and jurisprudence reveals that this exception
is subject to the following requisites:
- That it is expressly stipulated in the overseas
employment contract that a specific foreign law
shall govern
- That the foreign law invoked must be proven
before the courts pursuant to the Philippine
rules on evidence;
- That the foreign law stipulated in the overseas
employment contract must not be contrary to
law, morals, good customs, public order, or
public policy of the Philippines; and
- That the overseas employment contract must
be processed through the POEA.
When foreign law not applicable by PH courts
“The Court is of the view that these four (4) requisites must • If not proved in accordance with the Rules
be complied with before the employer could invoke the • If contrary to public policy
applicability of a foreign law to an overseas employment • If foreign law in procedural in nature
contract. With these requisites, the State would be able to • The case involves issues related to property in PH
abide by its constitutional obligation to ensure that the (Lex situs applies)
rights and well-being of our OFWs are fully protected. • The foreign law is contrary to good morals
These conditions would also invigorate the policy under RA • The foreign law is penal in character
No. 8042 that the State shall, at all times, uphold the • If application of foreign law works undeniable injustice
dignity of its citizens whether in country or overseas, in to PH citizens
general and the Filipino migrant workers in particular. • When application of foreign law might endanger vital
Further, these strict terms are pursuant to the interest of the State
jurisprudential doctrine that “parties may not contract away • If the issue involved in enforcement of the foreign
applicable provisions of law especially peremptory claim s fiscal or administrative in nature
provisions dealing with matters heavily impressed with
public interest,” such as laws relating to labor. At the same Conflict rules
time, foreign employers are not at all helpless to apply their
own laws to overseas employment contracts provided that Validity of Marriage
they faithfully comply with these requisites.” … General Rule: Lex loci celebraciones
Exceptions:
“In other words, lacking any one of the four requisites - Marriage is highly immoral/illegal, or universally
would invalidate the application of the foreign law, and the considered incestuous

UP Law Center – Bar Review Institute 5

CIVIL LAW | Private International Law | Atty. Jay L. Batongbacal

Personal rights & obligations between husband and wife or lex loci contractus. Since there is no law designated by
General Rule: Lex nationalii of husband the parties as applicable and the Agreement was perfected
in the Philippines, “The Arbitration Law,” or Republic Act
Property relations between husband and wife No. 976 (RA 876) applies.”
General rule: Lex nationalii of husband
Exception: Torts and Crimes
- real property in PH, governed by lex rei sitae General Rule: Lex loci delicti

Real Property Conflict of laws rules in Civil Law

General rule: Lex rei sitae
Exceptions: Public Policy
- Contracts concerning property, but without affecting Article 17. xxx Prohibitive laws concerning persons, their
title – Lex loci celebraciones acts or property, and those which have for their object
- Successional rights to property, capacity to succeed public order, public policy and good customs shall not be
– Lex nationalii of decedent rendered ineffective by laws or judgments promulgated, or
by determinations or conventions agreed upon in a foreign
Personal property country. (11a)
General rule: Lex rei sitae
Exceptions: Article 1306. The contracting parties may establish such
- Vessels – flag State/registry stipulations, clauses, terms and conditions as they may
- Other transportation – law of the place where kept deem convenient, provided they are not contrary to law,
(depot) morals, good customs, public order, or public policy.
- If in transit and lost/deteriorated– law of destination (1255a)
- If seized while in transit – law of the place where
seized Civil Code, Human Relations & Marriage
- Disposition or alienation – lex loci Legal status: (lex patriae)
voluntantis/intentionis Article 15. Laws relating to family rights and duties, or to
the status, condition and legal capacity of persons are
Succession binding upon citizens of the Philippines, even though living
General rule: Lex nationalii or lex loci celebraciones abroad. (9a)
Exceptions:
- if made by an alien abroad, it may also be based on Marriage: Art. 66, 71 (lex loci celebraciones), 75, 124
lex domicilii Article 66. When either or both of the contracting parties
- Joint will by a Filipino abroad is void in PH, even if are citizens or subjects of a foreign country, it shall be
valid abroad necessary, before a marriage license can be obtained, to
- Probate of will abroad, lex forii provide themselves with a certificate of legal capacity to
- Executors/administrators powers: lex domicilii of contract marriage, to be issued by their respective
decedent, or lex rei sitae of assets diplomatic or consular officials. (13a)
Obligations & contracts Article 71. All marriages performed outside the Philippines
General Rule: Lex loci celebraciones in accordance with the laws in force in the country where
[DFA v. BCA International, GR 210858, Jun 29, 2016 they were performed, and valid there as such, shall also be
(contract dispute between DFA and subcontractor)] valid in this country, except bigamous, polygamous, or
Exceptions: incestuous marriages as determined by Philippine law.
- Alientation/encumbrance of property – lex rei sitae (19a)
- Capacity of party – lex nationalii
Article 75. Marriages between Filipino citizens abroad may
DFA v. BCA International, GR 210858, 29 Jun be solemnized by consuls and vice-consuls of the Republic
2016 of the Philippines. The duties of the local civil registrar and
“The 1976 UNCITRAL Arbitration Rules, agreed upon by of a judge or justice of the peace or mayor with regard to
the parties to govern them, state that the “arbitral tribunal the celebration of marriage shall be performed by such
shall apply the law designated by the parties as applicable consuls and vice-consuls. (n)
to the substance of the dispute. Failing such designation
by the parties, the arbitral tribunal shall apply the law Article 124. If the marriage is between a citizen of the
determined by the conflict of laws rules which it considers Philippines and a foreigner, whether celebrated in the
applicable.” Established in this jurisdiction is the rule that Philippines or abroad, the following rules shall prevail:
the law of the place where the contract is made governs,
UP Law Center – Bar Review Institute 6
CIVIL LAW | Private International Law | Atty. Jay L. Batongbacal

(1) If the husband is a citizen of the Philippines while the blood. (81a)
wife is a foreigner, the provisions of this Code shall govern
their relations; Art. 38. The following marriages shall be void from the
beginning for reasons of public policy:
(2) If the husband is a foreigner and the wife is a citizen of
the Philippines, the laws of the husband's country shall be (1) Between collateral blood relatives whether legitimate or
followed, without prejudice to the provisions of this Code illegitimate, up to the fourth civil degree;
with regard to immovable property. (1325a)
(2) Between step-parents and step-children;
FAMILY CODE OF THE PHILIPPINES
Art. 7. Marriage may be solemnized by: xxx (5) Any consul- (3) Between parents-in-law and children-in-law;
general, consul or vice-consul in the case provided in
Article 10. (56a) (4) Between the adopting parent and the adopted child;

Art. 10. Marriages between Filipino citizens abroad may be (5) Between the surviving spouse of the adopting parent
solemnized by a consul-general, consul or vice-consul of and the adopted child;
the Republic of the Philippines. The issuance of the
marriage license and the duties of the local civil registrar (6) Between the surviving spouse of the adopted child and
and of the solemnizing officer with regard to the the adopter;
celebration of marriage shall be performed by said
consular official. (75a) (7) Between an adopted child and a legitimate child of the
adopter;
Art. 26. All marriages solemnized outside the Philippines, in
accordance with the laws in force in the country where (8) Between adopted children of the same adopter; and
they were solemnized, and valid there as such, shall also
be valid in this country, except those prohibited under (9) Between parties where one, with the intention to marry
Articles 35 (1), (4), (5) and (6), 3637 and 38. (17a) the other, killed that other person's spouse, or his or her
own spouse. (82)
Where a marriage between a Filipino citizen and a
foreigner is validly celebrated and a divorce is thereafter Art. 74. The property relationship between husband and
validly obtained abroad by the alien spouse capacitating wife shall be governed in the following order:
him or her to remarry, the Filipino spouse shall have
capacity to remarry under Philippine law. (As amended by (1) By marriage settlements executed before the marriage;
Executive Order 227)
(2) By the provisions of this Code; and
Art. 35. The following marriages shall be void from the
beginning: (3) By the local custom. (118)

(1) Those contracted by any party below eighteen years of Art. 74. The property relationship between husband and
age even with the consent of parents or guardians; wife shall be governed in the following order:
xxx (1) By marriage settlements executed before the marriage;
(4) Those bigamous or polygamous marriages not failing (2) By the provisions of this Code; and
under Article 41; (3) By the local custom. (118)

(5) Those contracted through mistake of one contracting Property

party as to the identity of the other; and Article 16. Real property as well as personal property is
subject to the law of the country where it is stipulated.
(6) Those subsequent marriages that are void under Article
53. FAMILY CODE OF THE PHILIPPINES
Art. 80, FC. In the absence of a contrary stipulation in a
Art. 37. Marriages between the following are incestuous marriage settlement, the property relations of the spouses
and void from the beginning, whether relationship between shall be governed by Philippine laws, regardless of the
the parties be legitimate or illegitimate: place of the celebration of the marriage and their
residence.
(1) Between ascendants and descendants of any degree;
and This rule shall not apply:

(2) Between brothers and sisters, whether of the full or half

UP Law Center – Bar Review Institute 7
CIVIL LAW | Private International Law | Atty. Jay L. Batongbacal

(1) Where both spouses are aliens; Article 815. When a Filipino is in a foreign country, he is
authorized to make a will in any of the forms established by
(2) With respect to the extrinsic validity of contracts the law of the country in which he may be. Such will may
affecting property not situated in the Philippines and be probated in the Philippines. (n)
executed in the country where the property is located; and
Article 816. The will of an alien who is abroad produces
(3) With respect to the extrinsic validity of contracts effect in the Philippines if made with the formalities
entered into in the Philippines but affecting property prescribed by the law of the place in which he resides, or
situated in a foreign country whose laws require different according to the formalities observed in his country, or in
formalities for its extrinsic validity. (124a) conformity with those which this Code prescribes. (n)

Art. 124. The administration and enjoyment of the conjugal Article 817. A will made in the Philippines by a citizen or
partnership shall belong to both spouses jointly. In case of subject of another country, which is executed in
disagreement, the husband's decision shall prevail, subject accordance with the law of the country of which he is a
to recourse to the court by the wife for proper remedy, citizen or subject, and which might be proved and allowed
which must be availed of within five years from the date of by the law of his own country, shall have the same effect
the contract implementing such decision. as if executed according to the laws of the Philippines. (n)

In the event that one spouse is incapacitated or otherwise Article 818. Two or more persons cannot make a will
unable to participate in the administration of the conjugal jointly, or in the same instrument, either for their reciprocal
properties, the other spouse may assume sole powers of benefit or for the benefit of a third person. (669)
administration. These powers do not include disposition or
encumbrance without authority of the court or the written Article 819. Wills, prohibited by the preceding article,
consent of the other spouse. In the absence of such executed by Filipinos in a foreign country shall not be valid
authority or consent, the disposition or encumbrance shall in the Philippines, even though authorized by the laws of
be void. However, the transaction shall be construed as a the country where they may have been executed. (733a)
continuing offer on the part of the consenting spouse and
the third person, and may be perfected as a binding Article 829. A revocation done outside the Philippines, by a
contract upon the acceptance by the other spouse or person who does not have his domicile in this country, is
authorization by the court before the offer is withdrawn by valid when it is done according to the law of the place
either or both offerors. (165a) where the will was made, or according to the law of the
place in which the testator had his domicile at the time;
Succession and if the revocation takes place in this country, when it is
Article 16. xxx However, intestate and testamentary in accordance with the provisions of this Code. (n)
successions, both with respect to the order of succession
and to the amount of successional rights and to the Article 1039. Capacity to succeed is governed by the law
intrinsic validity of testamentary provisions, shall be of the nation of the decedent. (n)
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 Contracts
wherein said property may be found. (10a) Article 17. The forms and solemnities of contracts, wills,
and other public instruments shall be governed by the laws
Article 17. The forms and solemnities of contracts, wills, of the country in which they are executed. xxx
and other public instruments shall be governed by the laws
of the country in which they are executed. Article 1308. The contract must bind both contracting
parties; its validity or compliance cannot be left to the will
When the acts referred to are executed before the of one of them. (1256a)
diplomatic or consular officials of the Republic of the
Philippines in a foreign country, the solemnities established Article 1356. Contracts shall be obligatory, in whatever
by Philippine laws shall be observed in their execution. form they may have been entered into, provided all the
essential requisites for their validity are present. However,
Prohibitive laws concerning persons, their acts or property, when the law requires that a contract be in some form in
and those which have for their object public order, public order that it may be valid or enforceable, or that a contract
policy and good customs shall not be rendered ineffective be proved in a certain way, that requirement is absolute
by laws or judgments promulgated, or by determinations or and indispensable. In such cases, the right of the parties
conventions agreed upon in a foreign country. (11a) stated in the following article cannot be exercised. (1278a)

UP Law Center – Bar Review Institute 8

CIVIL LAW | Private International Law | Atty. Jay L. Batongbacal

Article 1753. The law of the country to which the goods are
to be transported shall govern the liability of the common
carrier for their loss, destruction or deterioration.

Foreign judgment
Sec. 48, Rule 39, ROC: The effect of a foreign judgment or
final order of a tribunal of a foreign country, having
jurisdiction to render the judgment or final order is as
follows:
(a) In case of a judgment or final order upon a specific
thing, the judgment or final order, is conclusive
upon the title to the thing; and
(b) In case of a 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.

In either case, the judgment or final order may be repelled

by evidence of a want of jurisdiction, want of notice to the
party, collusion, fraud, or clear mistake of law or fact.

Article 17. xxx 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. (11a)

Article 1306. The contracting parties may establish such

stipulations, clauses, terms and conditions as they may
deem convenient, provided they are not contrary to law,
morals, good customs, public order, or public policy.
(1255a)

UP Law Center – Bar Review Institute 9