Divorce: Effect of Divorce granted to former Filipinos; Renvoi Doctrine In 1977, Mario and Clara, both Filipino citizens

were married in the Philippines. Three years later, they went to the United States of America and established their residence in San Francisco, California. In 1987, the couple applied for, and were granted US citizenship. In 1989, Mario, claiming to have been abandoned by Clara, was able to secure a decree of divorce in Reno, Nevada, USA. In 1990, Mario returned to the Philippines and married Juana who knew well Marios past life. 1. Is the marriage of Mario and Juana valid? Yes, because Philippine law recognizes the divorce between Mario and Clara as valid. Under 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. 2. Would the renvoi doctrine have any relevance to the case? a. No the renvoi doctrine is relevant in cases where one country applies the domiciliary theory and the other the nationality theory, and the issue involved is which of the laws of the two countries should apply to determine the order of succession, the amount of successional rights, or, the intrinsic validity of testamentary provisions. Such issue is not involved in a case. b. Yes, renvoi which means referring back is relevant because here, we are applying US law to Mario, being already its citizen, although the formalities of the second marriage will be governed by Philippine law under the principle of lex loci celebrationis. Adoption: Use of surname of her natural mother May an illegitimate child, upon adoption by her natural father, use the surname of her natural mother as the middle name? Yes, an illegitimate child upon adoption by her natural father, can use the surname of her natural mother as her middle name. the court has ruled that there is no law prohibiting an illegitimate child adopted by her natural father to use as middle name, her mothers surname. What is not prohibited is allowed. After all, the use of the maternal name as the middle name is in accord with Filipino culture and customs and adoption is intended for the benefit of the adopted. Explain the rules on Marriage by Proxy: A marriage by proxy is one where one of the parties is merely represented at the ceremony by a friend or delegate. The rule for such a marriage may be stated in the following manner: 1. If performed in the Philippines, the marriage is void because physical presence of both parties is required under Art. 55 of the civil code. It only applies in the case of Filipino and in mixed marriages. In the case of foreigners, if the marriage is recognized under their national law, we should also consider that their marriage is valid here. 2. If performed abroad, whether between Filipinos of foreigners or mixed, the controlling rule is lex loci celebrationis.

Explain the following: 1.1 foreign court theory: Foreign court theory means that our Philippine court in deciding the case, will put itself in the position of the foreign court; and what ever the foreign will do respecting the case, the Philippine court likewise do. It is a sort of follow the leader. 1.2 chose in possession as distinguished from choses in action; Chose in possession (tangible physical objects) is govern by the law of the place where the property is located at the time of transaction determines the creation and transfer of interests (lex situs). It is a personal thing of which one has possession, as distinguished from a thing in action. Taxes and customs, if paid, are a chose in possession; if unpaid, a chose in action. A chose in action (intangible movables), on the other hand, it is a thing in action and is the right of bringing an action or right to recover a debt or money. 1.3 Caduciary rights: Caduciary rights refer to the right of the state to claim to escheat proceedings the properties of the decedents who are not survived by any heirs. They are the claims of sovereign or other public authority of a country in which the deceaseds property is situated to that property on failure of all persons entitled to claim under the appropriate law. 1.4 double renvol vs. transmission: In Double Renvoi, it is that which occurs when the local court, in adopting the foreign court theory, discovers that the foreign court accepts the renvoi. In transmission, it is the process of applying the law of a foreign state through the law of a second foreign state. Double renvoi deals with two countries; transmission, with three or more countries. Double renvoi deals with a referring back; transmission, with a transmitting. A a physician and B a nurse, both Filipino citizens are working in a private hospital in Germany. Attracted to one another, A courted B until they became engaged. Not long later, they decided to get married and went to Philippine consulate in Germany. Their marriage was then solemnized by the Philippine Ambassador to Germany. Will such marriage be given cognizance in our jurisdiction. Answer: Marriages celebrated abroad between Filipinos, the controlling rule is under Article 71 of the Civil Code: All marriages performed outside the Philippines in accordance with laws in force in the country where they were performed, and valid there as such, shall also be valid in this country, except bigamous, polygamous, or incestuous marriages, as determined by Philippine law.

Marriage in a foreign country between Filipinos be celebrated or performed inside the Philippine consulate abroad, it is as if the marriage had been celebrated not in a foreign country, but right here in the Philippines. Julio Iglesia, Spanish citizen, while having a vacation in the US executed a deed of donation in favor of Juana, donating unto the latter parcel of land located in Alabang, Philippines, which he acquired by inheritance from his deceased Filipino father. a. What law will govern their intrinsic and extrinsic validity of the donation? Reasons. The law of the Philippines, lex rei sitae, governs the intrinsic validity of donation, Real property as well as personal property is subject to the law of the country where it is situated. The rule of lex loci voluntatis, for it is land situated in the Philippines. b. What law will govern the capacity of Julio to make the alienation. The law of the Philippines, lex rei sitae, it governs the capacity of Julio to alienate. Real property as well as personal property is subject to the law of the country where it is situated. Since the subject matter is land, 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.