CONFLICT RULES Article 15.

LAWS RELATING TO FAMILY

RIGHTS AND DUTIES OR TO THE STATUS,
CONDITION AND LEGAL CAPACITY OF
Article 14. PENAL LAWS AND THOSE OF PERSONS ARE BINDING UPON CITIZENS
PUBLIC SECURITY AND SAFETY SHALL BE OF THE PHILIPPINES, EVEN THOUGH
OBLIGATORY UPON ALL WHO LIVE OR LIVING ABROAD.
SOJOURN IN PHILIPPINE TERRITORY,
SUBJECT TO THE PRINCIPLES OF PUBLIC
INTERNATIONAL LAW AND TO TREATY “Status” Defined
STIPULATIONS.
- includes personal qualities and relations,
more or less permanent in nature, and not
ordinarily terminable at his own will, such
Theories of Territoriality and Generality
as being married or not, or his being
Theory of territoriality - any legitimate or illegitimate.
offense committed within our territory
- the sum total of a person’s rights,
offends the state.
duties, and capacities.
Therefore any person, whether
citizen or alien, can be punished for
committing a crime here. Does Article 15 apply to Filipinos merely?

Thus, the technical term generality Answer:

came into being; it means that even
1. YES - insofar as Philippine laws are
aliens, male or female come under our
concerned. A Filipino husband is still a
territorial jurisdiction. This is because
husband, under our law, wherever he may
aliens owe some sort of allegiance even if
be or may go.
it be temporary.
2. NO - in the sense that nationals of
other countries are also considered by us
Exceptions: as being governed in matters of status,
etc., by their own national law.
1. Firstly, the principles of public
international law.

Ex. Immunities granted to diplomatic Capacity to Enter into Ordinary Contract

officials and visiting heads of states, provided
the latter do not travel incognito. If they travel - is governed by the national law of
incognito but with the knowledge of our the person, and not by the law of the
government officials, heads of states are place where the contract was entered into.
entitled to immunity. (lex loci celebrationis)
If the incognito travel is without the
knowledge or permission of our country,
diplomatic immunity cannot be insisted upon, Capacity Under the Code of Commerce
and the heads of states traveling may be
arrested. However, once they reveal their Article 15 of the Code of Commerce
identity, immunity is given. says that “foreigners and companies
created abroad may engage in commerce
2. Secondly, the presence of treaty
in the Philippines subject to the laws of
stipulations.
their country with respect to their capacity
to contract.”

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Capacity to Enter into Other Relations

- is not necessarily governed by Note: With regards to income tax, under our
the national law of the person concerned. present laws, only corporate income derived
from Philippine sources may be taxed in our
country. Thus, sales of shares of the capital
stock of the Pampanga Sugar Mills which was
Thus: negotiated, perfected, and consummated in
San Francisco, California may not be imposed
1. to acquire, encumber, assign, donate or
income tax sales from our Government.
sell property depends on the law of the
place where the property is situated (lex
situs or lex rei sitae).
Exception to the Lex Situs Rule

One important exception to this

2. Capacity to inherit depends not on the rule occurs in the case of successional
national law of the heir, but on the rights.
national law of the decedent.
Thus, the following matters are
governed, not by the lex situs, but by the
national law of the deceased.
3. Capacity to get married depends not on
the national law of the parties, but on the 1. Order of succession
law of the place where the marriage was
2. Amount of successional rights.
entered into (lex loci celebrationis or locus
regit actum), subject to certain (This refers to the amount of property
exceptions. that each heir is legally entitled to inherit from
the estate available for distribution).

3. Intrinsic validity of the provisions

of a will.

Ex. Whether a disinheritance has

Article 16. REAL PROPERTY AS WELL AS properly been made or not
PERSONAL PROPERTY IS SUBJECT TO THE
Whether a testamentary
LAW OF THE COUNTRY WHERE IT IS
disposition can be given effect or not
SITUATED.
4. Capacity to succeed
HOWEVER, INTESTATE AND
TESTAMENTARY SUCCESSIONS, BOTH
WITH RESPECT TO THE ORDER OF
Defect of Article 16, Paragraph 2
SUCCESSION AND TO THE AMOUNT OF
(Successional Rights)
SUCCESSIONAL RIGHTS AND TO THE
INTRINSIC VALIDITY OF TESTAMENTARY If a Filipino dies leaving lands in
PROVISIONS, SHALL BE REGULATED BY China, should the inventory of his estate
THE NATIONAL LAW OF THE PERSON required by our courts include the lands in
WHOSE SUCCESSION IS UNDER China?
CONSIDERATION, WHATEVER MAY BE THE
NATURE OF THE PROPERTY AND Answer: The conventional answer
REGARDLESS OF THE COUNTRY WHEREIN is “Yes” because we have to know the
SAID PROPERTY MAY BE FOUND. total value of his estate for eventual
distribution to his heirs. As a matter of

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fact, under Article 16, paragraph 2, it is
our law that should govern their
WHEN THE ACTS REFERRED TO ARE
disposition. This answer would be all right,
EXECUTED BEFORE THE DIPLOMATIC OR
provided that Chinese courts would
CONSULAR OFFICIALS OF THE REPUBLIC
respect the decisions of our courts. But
OF THE PHILIPPINES IN A FOREIGN
what if they do not? It should be observed
COUNTY, THE SOLEMNITIES
that we can hardly do anything about it
ESTABLISHED BY THE PHILIPPINE LAWS
since the lands are in China. The problem
SHALL BE OBSERVED IN THEIR
of possible unenforceability and
EXECUTION.
ineffectiveness is precisely a defect of the
second paragraph of Article 16. To
eliminate the possibility of “no-
jurisdiction,” it is clear that Article 16, PROHIBITIVE LAWS CONCERNING
paragraph 2 can apply only to properties PERSONS, THEIR ACTS OR PROPERTY,
located in the Philippines. AND THOSE WHICH HAVE FOR THEIR
OJECT PUBLIC ORDER, PUBLIC POLICY
AND GOOD CUSTOMS SHALL NOT BE
RENDERED INEFFECTIVE BY LAWS OR
The Renvoi Problem
JUDGMENTS PROMULGATED, OR BY
- literally means a referring back; the DETERMINATIONS OR CONVENTIONS
problem arises when there is doubt as to AGREED UPON IN A FOREIGN COUNTRY.
whether a reference in our law (such as
Article 16 Paragraph 2 of the Civil Code)
to a foreign law (such as the national law
of the deceased)
Doctrine of Lex Loci Celebrationis

- the first paragraph of Article 17 lays

A. Is a reference to the INTERNAL law of down this rule. Thus, a contract entered
said foreign law; or into by a Filipino in Japan will be governed
by Japanese insofar as form and
B. Is a reference to the WHOLE foreign
solemnities of the contract are concerned.
law, including its CONFLICT RULES

Formalities for the Acquisition,

In the latter case, if one state
Encumbering, or Alienation of
involved follows the national theory, and
Property
the other, the domiciliary theory, there is
a possibility that the problem may be - formalities for the acquisition,
referred back to the law of the first state. encumbering and alienation of property
(whether real or personal) shall however,
be governed not by the lex loci
celebrationis but by the lex rei sitae.

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.

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 Article 18. IN MATTERS WHICH ARE
GOVERNED BY THE CODE OF COMMERCE
Rule of Exterritoriality
AND SPECIAL LAWS, THEIR DEFICIENCY
Even if the act be done abroad, still SHALL BE SUPPLIED BY THE PROVISIONS
if executed before Philippine diplomatic OF THIS CODE.
and consular officials, the solemnities of
Philippine laws shall be observed.
Rule in Case of Conflict Between the
The theory is that the act is being
Civil Code and Other Laws
done within an extension of Philippine
territory (the principle of exterritoriality). - in case of conflict with the Code of
Commerce or special laws, the Civil Code
shall only be suppletory, except if
Rule Respecting Prohibitive Laws (Third otherwise provided for under the Civil
Paragraph) Code. In general, therefore, in case of
conflict, the special law prevails over the
Examples: Civil Code, which is general in nature.
A. A contract for the sale of human flesh
(prostitution) even if valid where made
cannot be given effect in the Philippines. When the Civil Code is Superior

B. An absolute divorce granted Filipinos There are instances when the Civil Code
abroad even if valid where given cannot expressly declares itself superior to special
be recognized in the Philippines inasmuch laws:
as under the Civil Code, absolute divorce
1. Common Carriers - The Code of
is prohibited.
Commerce supplies the deficiency
C. A U.S. Court allowed a mother living
2. Insolvency - The special laws supply
with a man other than her husband to
the deficiency.
exercise authority over her child with the
lawful husband. It was hed by our
Supreme Court that such a decision
Rule in Statutory Construction
cannot be enforced in the Philippines.
- the general rule is that the special law
governs in case of conflict.
Intrinsic Validity of the Contracts

It should be noted that while the

first paragraph of Article 17 speaks of
forms and solemnities, no mention is
made of the law that should govern the
intrinsic validity of contracts in general.
The prevailing rule is Private International
Law today is to consider the lex loci
voluntatis (the law of the place voluntarily
selected) or the lex loci intentionis (the
law of the place intended by the parties to
the contract).

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Revised Penal Code: Article 819. Wills, prohibited by the preceding article,
executed by Filipinos in a foreign country shall not be
Article 2. Application of its provisions. - Except as valid in the Philippines, even though authorized by the
provided in the treaties and laws of preferential laws of the country where they may have been
application, the provisions of this Code shall be executed. (733a)
enforced not only within the Philippine Archipelago,
including its atmosphere, its interior waters and
maritime zone, but also outside of its jurisdiction,
against those who: FAMILY CODE:

1. Should commit an offense while on a Philippine Art. 21. When either or both of the contracting
ship or airship 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
2. Should forge or counterfeit any coin or currency contract marriage, issued by their respective
note of the Philippine Islands or obligations and diplomatic or consular officials.
securities issued by the Government of the Philippine
Islands; Stateless persons or refugees from other countries
shall, in lieu of the certificate of legal capacity herein
3. Should be liable for acts connected with the required, submit an affidavit stating the
introduction into these islands of the obligations and circumstances showing such capacity to contract
securities mentioned in the presiding number; marriage.
Art. 26. All marriages solemnized outside the
4. While being public officers or employees, should Philippines, in accordance with the laws in force in
commit an offense in the exercise of their functions; or 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. Should commit any of the crimes against national
(5) and (6), 3637 and 38. (17a)
security and the law of nations, defined in Title One of
Book Two of this Code.
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
NEW CIVIL CODE: Filipino spouse shall have capacity to remarry under
Philippine law.
Article 815. When a Filipino is in a foreign country, he Art. 35. The following marriages shall be void from the
is authorized to make a will in any of the forms beginning:
established by the law of the country in which he may
be. Such will may be probated in the Philippines. (n) (1) Those contracted by any party below eighteen years of age
even with the consent of parents or guardians;

Article 816. The will of an alien who is abroad (2) Those solemnized by any person not legally authorized to
produces effect in the Philippines if made with the perform marriages unless such marriages were contracted with
either or both parties believing in good faith that the solemnizing
formalities prescribed by the law of the place in which
officer had the legal authority to do so;
he resides, or according to the formalities observed in
his country, or in conformity with those which this (3) Those solemnized without license, except those covered the
Code prescribes. (n) preceding Chapter;

(4) Those bigamous or polygamous marriages not failing under

Article 817. A will made in the Philippines by a citizen Article 41;
or subject of another country, which is executed in
(5) Those contracted through mistake of one contracting party as
accordance with the law of the country of which he is
to the identity of the other; and
a citizen or subject, and which might be proved and
allowed by the law of his own country, shall have the (6) Those subsequent marriages that are void under Article 53.
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)