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    Govt Vs Frank

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    Gilianne Kathryn Layco Gantuangco-Cabiling
    This document summarizes a Philippine Supreme Court case from 1909 regarding the validity of a contract entered into by a U.S. citizen in the Philippines. The key issues were whether a contract is valid if the person was considered an adult in their home country (USA) but a minor under Philippine law. The Court ruled the contract was valid, finding that capacity to enter a contract is determined by the law of the place where the contract was made, not the national law. Although capacity is generally governed by national law, in this case involving a contract and not real property, the local law of the place of contracting was applied instead.

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    © All Rights Reserved
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    Govt Vs Frank

    Uploaded by

    Gilianne Kathryn Layco Gantuangco-Cabiling
    205 views2 pages
    This document summarizes a Philippine Supreme Court case from 1909 regarding the validity of a contract entered into by a U.S. citizen in the Philippines. The key issues were whether a contract is valid if the person was considered an adult in their home country (USA) but a minor under Philippine law. The Court ruled the contract was valid, finding that capacity to enter a contract is determined by the law of the place where the contract was made, not the national law. Although capacity is generally governed by national law, in this case involving a contract and not real property, the local law of the place of contracting was applied instead.

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    CIV

    Original Title

    govt vs frank

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    This document summarizes a Philippine Supreme Court case from 1909 regarding the validity of a contract entered into by a U.S. citizen in the Philippines. The key issues were whether a contract is valid if the person was considered an adult in their home country (USA) but a minor under Philippine law. The Court ruled the contract was valid, finding that capacity to enter a contract is determined by the law of the place where the contract was made, not the national law. Although capacity is generally governed by national law, in this case involving a contract and not real property, the local law of the place of contracting was applied instead.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    205 views2 pages

    Govt Vs Frank

    Uploaded by

    Gilianne Kathryn Layco Gantuangco-Cabiling
    This document summarizes a Philippine Supreme Court case from 1909 regarding the validity of a contract entered into by a U.S. citizen in the Philippines. The key issues were whether a contract is valid if the person was considered an adult in their home country (USA) but a minor under Philippine law. The Court ruled the contract was valid, finding that capacity to enter a contract is determined by the law of the place where the contract was made, not the national law. Although capacity is generally governed by national law, in this case involving a contract and not real property, the local law of the place of contracting was applied instead.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    of 2

    Civil Laws (NATIONALITY PRINCIPLE)

    Gantuangco, Gilianne Kathryn L.



    The Government of the Philippines Islands vs George I. Frank

    G. R. No. 2935. March 23, 1909

    ISSUE:

    WON a contract entered into by a US citizen, when he was
    considered as an adult in his country (USA) yet a minor in the
    Philippines, at which time that he entered into the contract, is valid
    and enforceable under the Philippine laws.

    RULING:

    YES.

    Mr. Frank being fully qualified to enter into a contract at the
    place and time the contract was made, he cannot therefore plead
    infancy as a defense at the place where the contract is being enforced.
    Although Mr. Frank was still a minor under Philippine laws, he was
    nevertheless considered an adult under the laws of the state of
    Illinois,the place where the contract was made. No rule is better
    settled in law than that matters bearing upon the execution,
    interpretation and validity of a contract are determined by the law of
    the place where the contract is made. Matters connected to its
    performance are regulated by the law prevailing at the place of its
    performance. Matters respecting a remedy, such as bringing of a suit,
    admissibility of evidence, and statutes of limitations, depend upon the
    law of the place where the suit is brought.

    Although generally, capacity of the parties to enter into a
    contract is governed by national law. This is one case not involving
    real property which was decided by our Supreme Court, where instead
    of national law, what should determine capacity to enter into a
    contract is the lex loci celebrationis. According to Conflict of Laws
    writer Edgardo Paras, Franks capacity should be judged by his
    national law and not by the law of the place where the contract was
    entered into. In the instant case whether it is the place where the
    contract was made or Franks nationality, the result would be the
    same. However, as suggested by the mentioned author, for the
    conflicts rule in capacity in general, national law of the parties is
    controlling.

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