Choice of Law Rules
Choice of Law Rules
Choice of Law Rules
FAMILY LAW
Civil Code
Article 15. Laws relating to family rights and duties, or to the status,
condition and legal capacity of persons are binding upon citizens of the
Philippines, even though living abroad. (9a)
Article 16. Real property as well as personal property is subject to the law of
the country where it is stipulated.
However, intestate and testamentary 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. (10a)
Family Code
(4) Those bigamous or polygamous marriages not failing under Article 41;
Art. 21. When either or both of the contracting parties are citizens of a
foreign country, it shall be necessary for them before a marriage license can
be obtained, to submit a certificate of legal capacity to contract marriage,
issued by their respective diplomatic or consular officials.
Art. 36. A marriage contracted by any party who, at the time of the
celebration, was psychologically incapacitated to comply with the essential
marital obligations of marriage, shall likewise be void even if such incapacity
becomes manifest only after its solemnization. (As amended by Executive
Order 227)
Art. 37. Marriages between the following are incestuous and void from the
beginning, whether relationship between the parties be legitimate or
illegitimate:
(1) Between ascendants and descendants of any degree; and
(2) Between brothers and sisters, whether of the full or half blood. (81a)
Art. 38. The following marriages shall be void from the beginning for
reasons of public policy:
(5) Between the surviving spouse of the adopting parent and the adopted
child;
(6) Between the surviving spouse of the adopted child and the adopter;
(1) The guardian with respect to the ward prior to the approval of the final
accounts rendered upon the termination of their guardianship relation;
(2) Any person who has been convicted of a crime involving moral turpitude;
(3) An alien, except:
(a) A former Filipino citizen who seeks to adopt a relative by
consanguinity;
(b) One who seeks to adopt the legitimate child of his or her Filipino
spouse; or
(c) One who is married to a Filipino citizen and seeks to adopt jointly
with his or her spouse a relative by consanguinity of the latter.
Aliens not included in the foregoing exceptions may adopt Filipino children
in accordance with the rules on inter-country adoptions as may be provided
by law. (28a, EO 91 and PD 603)
Art. 187. The following may not be adopted:
(1) A person of legal age, unless he or she is a child by nature of the adopter
or his or her spouse, or, prior to the adoption, said person has been
consistently considered and treated by the adopter as his or her own child
during minority.
(2) An alien with whose government the Republic of the Philippines has no
diplomatic relations; and
(3) A person who has already been adopted unless such adoption has been
previously revoked or rescinded. (30a, EO 91 and PD 603).
D. SUCCESSION
Article 16. Real property as well as personal property is subject to the law of
the country where it is stipulated.
Article 829. A revocation done outside the Philippines, by a person who does
not have his domicile in this country, is valid when it is done according to the
law of the place where the will was made, or according to the law of the
place in which the testator had his domicile at the time; and if the revocation
takes place in this country, when it is in accordance with the provisions of
this Code. (n)
Article 17. 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.
Article 1039. Capacity to succeed is governed by the law of the nation of the
decedent. (n)
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. (11a)
Article 815. When a Filipino is in a foreign country, he is authorized to make
a will in any of the forms established by the law of the country in which he
may be. Such will may be probated in the Philippines. (n)
Article 816. 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. (n)
Article 817. A will 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. (n)
Article 818. Two or more persons cannot make a will jointly, or in the same
instrument, either for their reciprocal benefit or for the benefit of a third
person. (669)
E. PROPERTY
F. CONTRACTS
Article 16. Real property as well as personal property is subject to the law of
the country where it is stipulated.
Article 17. 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.
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. (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)
See also Warsaw Convention
atmosphere, its interior waters and maritime zone, but also outside of its
jurisdiction, against those who:
1. Should commit an offense while on a Philippine ship or airship
2. Should forge or counterfeit any coin or currency note of the Philippine
Islands or obligations and securities issued by the Government of the
Philippine Islands;
3. Should be liable for acts connected with the introduction into these islands
of the obligations and securities mentioned in the presiding number;
4. While being public officers or employees, should commit an offense in the
exercise of their functions; or
5. Should commit any of the crimes against national security and the law of
nations, defined in Title One of Book Two of this Code.