PRELIMINARY TITLE ***DISCUSSION***

New Civil Code: took effect on August 30, 1950 The counting of the 15days starts after the completion of the publication.
Publication is indispensible.
Chapter 1 Period after completion of the publication can be shortened or lengthened.
If the law is silent as to the period, Tanada vs Tuvera ruling provides that
Art 1. This Act shall be known as the "Civil Code of the Philippines." (n) the 15day rule. 1986

Art. 2. Laws shall take effect after fifteen days following the completion of Phil Vet Bank vs Judge Vega
their publication in the Official Gazette, unless it is otherwise In cases “immediately upon approval”, the effectivity
provided. This Code shall take effect one year after such publication. (1a) Sec10 of the law: law shall take effect immediately upon approval then it
dispenses the requirement of publication. SC says that publication is not
When laws take effect necessary. -> exception 1991
GR: 15 days after completion of publication in OG or in a newspaper of
general circulation Which of the two prevails?
Exception: the law provides for its own date of effectivity Tanada

Nature of Publication: Why?

1. Mandatory Reason#1:
2. Complete - Tanada was decided by SC en banc (15 justices)
- Phil Vet Bank was decided by the SC in division (1 division
Purpose: to inform the public of the full contents of the law consisting of 5 justices agrees)
- But equal weight pa rin whether en banc or in division
Effect of Publication: The people are deemed to have conclusively been - ULTIMATE answer: Article 8
notified of the law even if they have not read them When the SC rendered a ruling, this ruling becomes a
doctrine/principle in law.
Coverage: The doctrine cannot be reversed or modified except by a
 Presidential Decrees decision of the SC sitting en banc. Even if Phil Vet Bank
 Executive Orders was decided later than the case in Tanada.
 Administrative rules and regulations, if their purpose is to enforce Reason#2:
or implement existing law pursuant to a valid legislation - Stare Decisis – the decision on one case is binding on subsequent
 Central Bank Circular and Executive Order if punitive in character similar cases involving issues
- Obiter Dictum –side remark; statement made by the court which is
not necessary in the resolution of the case; has no binding effect

In Phil Veteran Bank, the issue on the lack of publication was not raised.

Reason#3:
Decision in Tanada is more consistent with the letter and spirit of Article2.
The purpose of publication = due process
If law Is not known
- We cannot expect people to comply with the law
- We cannot penalize the people
 4. Local Ordinances – publication may not be in the Official Gazette or
Requirement of Publication: in the newspaper of general circulation
1. Official Gazette OR Under Local Govt Code:
2. Newspaper of general circulation GR: Ordinance take effect 10days after posted in the
bulletin board at the entrance of the provincial capital AND
Reckoning point of publication: newspaper is released 2conspicious areas in the local govt unit concerned
One issue is sufficient! (church/market)
Exception: Article 188 and Article 511 of the Local Govt
Coverage of the requirement: Code (tax and revenue measures and penal sanctions)
LAWS
1. Statute – laws promulgated by Congress (House of Rep and 5. Judicial Decisions – form part of the legal system; binding
Senate_
2. Presidential Issuances – PD, EO, MC, Letter of Instruction (De Roy vs CA)
(President’s rule-making power) Facts: multiple physical injuries and death due to the collapse of
3. Rules and Regulations promulgated by administrative bodies…. the firewall
Admin Bodies – exercises delegated authority (SSS, LTO,
LTFRB, DAR Admin Body) to implement an already-existing Issue: de Roy seeking for an extension for filing of an MR invoking
law… to fill in the details of that law the case of (Habalyu vs _)_was not published
*authority is only delegated (unlike that of the statute and
Presidential Issuances) Held: There is no law that requires judicial decisions of the SC to be
(Philippine International Trading Corporation vs __) published in the OG but it has to be published. It is the duty of the
Allegations: lawyer to keep abreast to the decisions of the SC located in the
1. PITC does not have the authority to ____ SCRA or law journals.
2. The ___ is not valid because it was not published Note: Judicial decisions clarify questions of laws…interpretation of
Answers: the law…due process.
1. PITC has the authority… pursuant to the Letters of
Instructions issued by Marcos.
2. Rules and Regulations which are interpretative in
nature and involve internal concerns only, ok lang kahit
di i-publish. (Victoria’s Milling vs SSS)

Victoria’s Milling vs SSS

Issue: validity of the circular
Argument: the circular wasn’t published daw
Facts:
Old law
Compensation – remuneration ….
New law (old law modified)
Compensation – remuneration earned by the employee
Held:
Publication is not necessary.
The circular is interpretative in nature. ->exception
Art. 3. Ignorance of the law excuses no one from compliance ***DISCUSSION***
therewith. (2)
-just the effect of Article 2
Principle ignorantia legis neminem excusat -convenience, public necessity
Exception when there is a mistake on a doubtful question of law -based on the presumption that everyone knows the law
(analogous to a mistake of fact) -otherwise, accused can conveniently say he’s innocent because he is not
aware of the existence of the law
Rationale To prevent evasion of law -applicable only when the law is published
* all persons are conclusively presumed to know the law as long as the
laws had been duly promulgated. Ignorance of the law vs Mistake of Fact
* all laws could easily be circumvented by invoking the convenient defense Example:
of ignorance of all which could hardly be overcome by contrary evidence as RPC: Mistake of Fact = not liable due to negligence
ignorance is a mental state
Coverage: Local/National Law
Yaoki (?) vs Aida Gonzales
Coverage ALL domestic laws
Yaoki testified that their marriage was solemnized in China and in Chinese
1. Civil or penal
laws, a marriage is valid even without the presence of a solemnizing
2. Substantive or procedural
officer.
3. Mandatory and prohibitive laws
Is it acceptable in the Philippines? Is their marriage valid?
Not covered Ruling: marriage is not valid
1. Foreign laws
2. Permissive or suppletory laws domestic laws

Processual Presumption
Philippine law applies when the party who claims the applicability of a
foreign law (who has the burden of proof) has failed to discharge the
burden.

Ignorance of law Want of knowledge or acquaintance with the laws if the

land insofar as they apply to the act, relation, duty, or matter under
consideration

Ignorance of fact Want of knowledge of some fact or facts constituting or

relating to the subject matter in hand. It excuses or is a ground for relief.
Art. 4. Laws shall have no retroactive effect, unless the contrary is ***DISCUSSION***
provided.(3)
Laws should have prospective application.
GR: Laws shall have no retroactive effect Prospective laws – operate on transaction, events or occurrence after the
Exception: law has become effective.
1. Penal Laws favourable to the accused who is not a habitual Retroactive laws – operate on facts occurrence or transactions already past
delinquent Reason: due process
2. Interpretative Statutes – laws intended to clarify or interpret a
provision or provisions of an existing statute Ex post facto law – unconstitutional, makes an act a crime and penalizes
3. Emergency Laws – laws intended to meet demands which require (or adds heavier sanctions) everyone who committed them in the past
immediate action Exceptions to prospectivity:
4. Remedial Laws – provide for the methods of enforcing rights or 1. The law provides the retroactivity
obtaining redress for their violation 2. If favourable to the accused (People vs Patalin)
a. Procedural Law may apply retroactively to pending Exception:
proceedings even without any explicit provision - When the accused is a habitual delinquent
b. Substantive Law cannot be given retroactive effect (defined art62 of RPC: within 10years from his
5. Curative Laws – laws intended to correct errors or irregularities last conviction of any crime, he is convicted
incurred in judicial or administrative proceedings, acts of public again)
officers, or private deeds and contracts - When the law itself provides that its
6. Laws creating new rights – given the retroactive effect provided retroactivity cannot be applied to pending cases
no vested right of same origin is affected (Family Code) (Larga vs Ranada)
7. Tax Laws – because of the liabilities involved that should be settled - When the accused himself disregards the later
8. When the law EXPRESSLY provides.. law which is favourable to him, and he wishes
EXCEPT: to be punished by the old law
a. Ex post facto law (Ferrer vs Pecson)
b. When retroactivity impairs the obligation of contract 3. Procedural or Remedial Laws
Remedial laws – laws that do NOT create rights
Procedural laws – laws that do NOT create rights, provide for
specific remedies, to enforce a right created by the substantive
* Retroactive Operation must be EXPRESSED in the statute itself
laws
Substantive laws – laws that create rights
Rationale to protect vested rights
(Zulueta vs Asia Brewery)1997 Rules on PROCEDURE
(Tayag vs CA) Art 285 recognition, 4years upon reaching the age
of majority
Art 175 recognition only during the lifetime
(Municipality of Coron)
Retroactivity can only be extended… (1:31….)
4. Curative Laws – a healing law, to correct a defect or irregularity in
the past
(Frivaldo vs COMELEC)
 REPEAL
Modes: Art. 5. Acts executed against the provisions of mandatory or prohibitory
1. Express – new law EXPRESSLY provides that it repeals an old law laws shall be void, except when the law itself authorizes their validity. (4a)
Effect: old law ceases to exist
2. Implied – does not specify the law being repealed
Effect Art. 6. Rights may be waived, unless the waiver is contrary to law, public
a. If there is inconsistency between and old law and the new order, public policy, morals, or good customs, or prejudicial to a third
law, the new law prevails person with a right recognized by law. (4a)
1. Applies in laws that are of the same nature
2. If old law is Gen and the later law is Special Right – legally enforceable claim of one person against another, that the
other shall do a given act, or shall not do a given act
1. NO REPEAL
2. both laws can stand together (Lichaoco &
Right vs Duty – Rights can be waived but duties must be performed
Co vs Apostol)
RA 1762 general law and RA 1770 special
Requirements for a Valid Waiver Reason
3. the latter law is merely and exception to
Person must actually have the right;
the general law One cannot waive what he does not
the right must be in existence at the
3. If old law is a special law and there later is an have.
time of waiver
enactment of a new law which is a general law
Person must have the full capacity If incapacitated, the waiver is
1. Special law prevails to make the waiver defective for lack of free consent.
2. Except when: When waiver is deprivation of right,
a. There is clear, necessary and Waiver must be clear and
it must not be favoured in case of
irreconcilable conflict between the unequivocal
doubt.
two Waiver must not be contrary to law,
b. General law covers the whole public order, public policy, morals or
subject matter of the special law Explicitly condition imposed by Art 2
good customs or prejudicial to a
which must be complied with
(to replace the special law) third person with a right recognized
Operative Fact – we cannot ignore the legal consequences of the past by law.
(period during which the recently declared void law was still in effect) When formalities are required, they Formalities are requirements for the
(People vs Pimentel) must be complied with validity of the act.
Ruling:
-
Exceptions to the Pimentel Ruling: Art. 7. Laws are repealed only by subsequent ones, and their violation or
1. When the repealing law provides for a saving clause/transitory non-observance shall not be excused by disuse, or custom or practice to
provision the contrary.
(Buyscano vs Military Police)
There is no intention of the framers to free the person from being When the courts declared a law to be inconsistent with the Constitution,
held criminally the former shall be void and the latter shall govern.
2. Re-enacted Statute
Administrative or executive acts, orders and regulations shall be valid only
Situation – act punished under the old law (after being repealed) is
when they are not contrary to the laws or the Constitution. (5a)
still punished in the repealing law.
Intention is not to decriminalize the person.
No retroactive effect
(People vs Venancio Concepcion)
Kinds of Repeal Art. 8. Judicial decisions applying or interpreting the laws or the
1. Express: when repealing law provides for a provision or a Constitution shall form a part of the legal system of the Philippines. (n)
repealing clause explicitly stating that a particular existing law or
part of a law is thereby repealed. * Judicial decisions are not laws but have the force and effect of laws.
2. Implied: no repealing clause but the prior law and the subsequent
law could not reconcile being substantially inconsistent with one Jurisprudence – doctrines formulated by the decisions of the Supreme
another Court; amplify and supplement the written law

* Implied repeals are not favoured * Decisions of CA which cover points of law still undecided may still serve
as judicial guides to the lower courts.
Requisites
1. Both laws cover the same subject matter Validity of Decisions: Article VIII Sec14
2. The latter law is repugnant to the earlier law “No decision shall be rendered by any court without expressing therein
clearly and distinctly the facts and the law on which it is based.”
Whether general or special or a combination
When there is conflict between two laws and there is NO REPEALING Stare Decisis Concept
CLAUSE in the later law - Requires the lower courts to follow the rules established in
1. If both laws can stand together, there is no repeal prevailing decisions of the Supreme Court
2. If both laws could not, there is an implied repeal. - Reasons: stability in the law
- Exception:
When there is conflict (Applies to laws that are of the same nature) o when precedent is soon found to be contrary to law, it must
 If old law is Gen and the later law is Special therefore be abandoned (because law is higher than a
3. NO REPEAL precedent)
4. both laws can stand together (Lichaoco & Co vs Apostol) o when precedent has ceased to be beneficial and useful to
RA 1762 general law and RA 1770 special society in the light of the changing conditions
5. the latter law is merely and exception to the general law
Obiter Dictum Concept
 If old law is a Special law and there later is an enactment of a new - opinion expressed by a court upon some question of law which is
law which is a General law not necessary to the decision of the case before it; not binding
1. Special law prevails
2. Except when:
a. There is clear, necessary and irreconcilable conflict between
the two
b. General law covers the whole subject matter of the special
law (to replace the special law)

Revival of a Repealed Law

(depends on the manner how the first law was repealed)

 If L1 is repealed by IMPLICATION by L2, and L2 is itself repealed

by L3, L1 IS REVIVED UNLESS otherwise provided by L3.

 If L1 is repealed EXPRESSLY by L2, and L2 is repealed by L3,

L1 is not revived UNLESS expressly so provided.
Art. 9. No judge or court shall decline to render judgment by reason of Art. 12. A custom must be proved as a fact, according to the rules of
the silence, obscurity or insufficiency of the laws. (6) evidence. (n)

Guidelines in the rendition of decision Custom – repetition of acts, uniformly observed (practiced) as a social
1. custom of the place shall be applied and in default thereof, the rule, legally binding and obligatory
general principles of law (found in the old Civil Code) Usage – repetition of acts
2. decisions of foreign courts
3. opinions of known authors, professors Importance of Customs
4. applicable rules of statutory construction In cases where the law is obscure or insufficient to provide clear
5. principles formulated in analogous cases GUIDANCE on the resolution of the case

* Where the law governing a particular matter is silent on a question at Custom as an Obligatory Rule: Requisites
issue, the provision of another law governing another matter may be (when the custom is not contrary to law, public order or public policy)
applied where the underlying principle or reason is the same. 1. Plurality of acts or the acts have been repeatedly done
2. Generally practiced by the great mass of the social group
Applicability applicable only to civil cases 3. Duration
4. Accepted by the community as a proper way of acting
Duty of Judge When Laws are Clear
- should follow its mandate and not tamper with it General Principles of Law
- should apply the law without fear or favour principles which serve as basis for positive law in each country
- DURA LEX SED LEX - Universal juridical standards dictated by correct reason
- Principles of justice beyond the variability and uncertainty of facts
- High standards which serve as a foundation to positive law
Art. 10. In case of doubt in the interpretation or application of laws, it is - Rules accepted by jurisconsults real axioms for all those who
presumed that the lawmaking body intended right and justice to intervene in juridical life
prevail. (n)

Reason To tip the scales in favour of right and justice

Applicability ONLY if there is DOUBT

Art. 11. Customs which are contrary to law, public order or public policy
shall not be countenanced. (n)

* Customs cannot supplant laws

Art. 13. When the laws speak of years, months, days or nights, it shall be
understood that years are of three hundred sixty-five days each; months,
of thirty days; days, of twenty-four hours; and nights from sunset to
sunrise.

If months are designated by their name, they shall be computed by the

number of days which they respectively have.

In computing a period, the first day shall be excluded, and the last day
included. (7a)

Count
1. One year – 365 days
2. One month – 30 days
3. One day – 24 hours
4. Night – sunset to sunrise
5. If months are designated by their name, they shall be computed by
the # of days which they respectively have.
6. In computing a period, the first day shall be excluded and the last
day included. (because the first day will not total to 24hours)

When last day falls on a Sunday or Holiday

1. Not considered: when the act to be performed is prescribed or
allowed
a. By the Rules of Court
b. By an order of the court
c. By any other applicable statute
2. Considered: if the act arises from a contractual relationship
Reason: contract is the law between the parties

“Next Working Day”: Applicability

 NOT APPLICABLE
1. Public sales or foreclosures
2. Trial dates fixed by the Court
 APPLICABLE to
Periods fixed by
1. Law
2. Rules of Court
 Article 14, 15, 16, 17 Art. 14. Penal laws and those of public security and safety shall be
Conflict of Laws in the Philippines obligatory upon all who live or sojourn in the Philippine territory, subject to
the principles of public international law and to treaty stipulations. (8a)
Local Laws (Internal laws/Municipal laws)
- Applied when there is no foreign element Principle of Territoriality
Conflict of Laws Rules (Private International Law) Any offense committed by anyone within the territory of the country is an
- Part of the local laws of a state offense against the State.
- Direct the courts or any admin bodies having quasi-judicial
functions in cases involving foreign element whether or not to Extraterritorial Jurisdiction
apply a foreign law (Article 2 of RPC)
1. Offense while on a Philippine ship or airship
- Foreign Element: Involves facts, events, transactions occurring or
2. Forgery/counterfeiting of
pertaining to more than one state
a. Any coin or currency of the Phil Islands
b. Obligations and securities issued by the government
Article 14 and Art2 of RPC
3. Acts connected with the introduction into our islands the obligations
and securities in #2
4. Offense made by public officers or employees in the exercise of
Generality – binding to who sojourns in Phil territory (aliens who stay in their functions
the Phil can be tried in our courts) 5. Crimes committed against national security and the law of nations
Territoriality – courts in the Phil to try crimes committed within the
territory of the Phil
KINDS of Territoriality:
1. Subjected – has jurisdiction to try crimes and penalize persons who
are guilty of committing a crime that began in our country but
finished outside the country (People vs Tulin)
2. Objected – has jurisdiction to try crimes and penalize persons who
are guilty of committing a crime that began outside but ended in
the Philippines (US vs Bull)
Protective Theory – the State whose interest is prejudiced by the crime has
the jurisdiction to try the crime

(People vs Tulin)
- Protective theory applies
- Tulin cannot say that he did not participate in committing the crime

(US vs Bull)
- Bawal magtransfer ng animals without __
Art. 15. Laws relating to family rights and duties, or to the status, ***DISCUSSION***
condition and legal capacity of persons are binding upon citizens of the Nationality Theory
Philippines, even though living abroad. (9a)
ALL ISSUES pertaining to (see 00:47…) the Family rights, conditions,
NATIONALITY THEORY status or legal capacity = determined of the national law of the person
National law of the person is applied in matters involving personal involved
relations. Applicable both Filipino and foreigners (under their respective national
laws)
DOMICILIARY / TEERITORIALITY THEORY (Recto vs Harden)
Law of the domicile is applied on matters involving personal relations.
(Van Dorn vs Romillo)
Status: designate the circumstances affecting the legal situation of a
(Pilapil vs Ibay-Somera)
person in view of his age, nation and his family membership
Condition: mode or state of being; state or situation; essential quality;
-other countries adopt Domiciliary Theory
status or rank
Legal Capacity:
- legal power to enter into binding obligations or to enjoy the
privileges of a legal status
- party is in the full exercise of his civil rights or has the character or
representation that he claims
Testamentary: to make a legally effective will
Contractual: to enter into a legally binding contract
Marital: to enter into a valid marriage
[Vandorn vs Romillo] – foreign spouse obtains validly the divorce
abroad, the Filipino is then freed from the marriage bond.

Rationale A person is wholly bound to observe the laws of his native land,
although he may reside in another and different country, BECAUSE such
laws are MORE SUITED to his personal affairs.

“Man’s activity is not limited and circumscribed within his native country.”

Exceptions
1. Capacity to contract (involved real or personal property)
-Art16 (Lex Rei Sitae) (where the property is situated)
2. Capacity of an heir to inherit
-Art1039 (National Law of the decedent)
3. Capacity to make a will
-Art17(Lex Loci Celebrationis)
-forms under the extrinsic validity of the will
Art. 16. Real property as well as personal property is subject to the law of Where our law refers a case to another country for solution but the law of
the country where it is stipulated. that country refers it back to our country for determine

However, intestate and testamentary successions, both with respect to the LEX FORI Rule Law of the Forum (Processual Presumption)
order of succession and to the amount of successional rights and to the If the application of a foreign law is invoked, that foreign law must be
intrinsic validity of testamentary provisions, shall be regulated by the proved as a fact by the rules of evidence. In the absence of proof, it is
national law of the person whose succession is under consideration, presumed to be the same as that of the Philippine law – the law of the
whatever may be the nature of the property and regardless of the country forum.
wherein said property may be found. (10a)

LEX REI SITAE / LEX SITUS ***DISCUSSION***

Property shall be governed by the law of the place where it is situated
- lands and immovable First paragraph – conflict on laws rule on real properties
- in transactions like sale, lease, barter, mortgage, or any other form
of alienation of property Aspects:
- personal property 1. Extrinsic validity of the contract
 form
Exceptions (LEX NATIONALI*) 2. Intrinsic (essence)
1. Order of succession in intestacy (preference)  Terms and contracts
2. Amount of successional rights (amount)  Effects
3. Intrinsic validity of the provision of the will (effectiveness of the  Rights and liabilities
dispositions in the will)  Interpretations of the terms and conditions of the contract
4. Capacity to succeed (capacity to inherit)
3. Capacity of the contracting parties

* Art. 1039. Capacity to succeed is governed by the law of the nation of the
Exception to Lex Rei Sitae
decedent. (n)
1. When property is merely incidental in the contract
2. Transfer of property through succession (intestate succession)
Reason
The oneness and universality of the inheritance cannot be divided or
broken up merely because of the different countries where properties of
the estate are situated.

(an alien cannot validly provide in his will that his properties be distributed
in accordance with Philippine law)

Applicability of Article 16 second paragraph

When a legal or testamentary succession has taken place in the Philippines
in accordance with Philippine law

When to consult the foreign law

ONLY in regard to the ORDER of succession or the EXTENT of successional
rights

Renvoi Doctrine “referring back”

Art. 17. The forms and solemnities of contracts, wills, and other public ***DISCUSSION***
instruments shall be governed by the laws of the country in which they are
executed. Conflict of law rule on contracts
Refers only to the forms and solemnities of contracts
When the acts referred to are executed before the diplomatic or consular Place where the contract was executed
officials of the Republic of the Philippines in a foreign country, the EXTRINSIC validity of a contract
solemnities established by Philippine laws shall be observed in their Does not include intrinsic validity of the contract
execution. Refers to an ordinary contract
Does not apply when the place of the execution is incidental in the
Prohibitive laws concerning persons, their acts or property, and those contract…so apply lex voluntatis, lex intentionis or the law of the place
which have, for their object, public order, public policy and good customs where (26:15…)
shall not be rendered ineffective by laws or judgments promulgated, or by If capacity: Article 15
determinations or conventions agreed upon in a foreign country. (11a)
Article 1319: offer made in one country and the acceptance made in
another = place of the offer (knowledge of the offeror that the offer is
LEX LOCI CELEBRATIONIS
accepted / meeting of the minds)
Matters bearing upon the execution, interpretation and validity of a
contract are determined by the law of the place where the contract is
What is the Philippine conflict of law rule on the intrinsic validity of the
made.
contract?
* Refers only to the forms and solemnities of contracts (EXTRINSIC validity -no specific
of contracts) -Article1306: Principle of Liberality of Contracts
Parties are free to stipulate the terms and conditions of the
Principle of Exterritoriality contract
Extension of the territory of a country in another country to which To give effect to the intent of the parties
extension is recognized under international law
* Offices abroad are considered extensions of the territory of their country. Intrinsic validity
1. Determined by Lex Voluntatis (law intended by the parties)
- Choice of law clause “any dispute arising from this contact
shall be governed by the laws of X”
- Limitation: parties cannot choose a particular law that has
nothing to do with the contract… cannot pick which law
(law ban i state A or state B) should govern
- Lex Voluntatis does not apply when..
 No clause is provided in the contract
 Parties choose a law that is not connected to the
contract
2. Lex intentionis
- Apply the most significant relationship principle,
circumstances of the case
- Law impliedly intended by the parties
- Law of the state which has the most significant relationship
to the contract
- What if the most significant relationship cannot be
determined?
  Law of the state which would likely uphold the Art. 18. In matters which are governed by the Code of Commerce and
validity of the contract (consistent to the liberality special laws, their deficiency shall be supplied by the provisions of this
principle of contracts) Code.(16a)

APPLICATION OF THE CONFLICT OF LAW RULES OF THE If the Code of Commerce or special laws are insufficient or deficient, the
PHILIPPINES Civil Code shall be applied to supply the deficiency.
1. Problem of the renvoi – referring back – “international football”
-physical referral of the case from the court of the Phil to the court of
another country
Revoi arises when…
Eg case: domiciliary theory and “governed by the place where the decedent
is a national” = succession
(Edward vs Garcia)
Solution:
1. If the forum court where the case is filed may choose to accept the
referral, the forum court will have to apply the internal law of the
forum.
2. If the forum court rejects the referral, the forum court will have to
apply the internal law of the foreign country. (law being referred to
is the internal law of the foreign country)

Purely internal laws – not involving foreign element

Conflict of law rule – involves foreign element

In cases of Renvoi: our court should accept the referral

2. Problem on ______________ (42:33… - 46:00..)

eg. Same sex marriage – public policy prevails
Argument 1: Article 15 – Vandorn vs Romillo, Pilapil vs Ibay Somera, Recto
vs Harden
OR
Argument 2: Artcile 17 – policy concerns

While our country may recognize laws and judgment of a foreign country,
we do otherwise when it is contrary to the well-established policy of the
forum.
Authority (Private International Law)

Which prevails? WE DON’T KNOW…yet.

No jurisprudence yet.