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Area of Law Marriage Extrinsic validity

Governing Law Lex loci celebrationis (Article 26) All marriages solemnized outside the Philippines in accordance with the laws in force in the country where they were solemnized and valid there as such shall also be valid in this country. Personal Law (domicile or nationality) National law of parties

Other Notes Except bigamous, polygamous or incestuous marriages, parties are underage, subsequent marriage performed without recording in the civil registry annulment, partition and distribution of legitime; mistake in identity; psychological incapacity; void because of public policy

Intrinsic Validity Mixed Marriage

Except polygamous and incestuous marriages, contravention of public policy

Effect of Marriage

National law of parties;

husbands prevails if not contrary to law, customs, and good morals

Property Relations

Philippine law (lex rae sitae)

except if 1)both spouses are aliens 2) with respect to extrinsic validity of contracts not in the Philippines executed where the property is located 3) extrinsic validity of contract entered into the Philippines but affecting property situated in a foreign country requiring different formalities


With Filipino - No validity, except Art 26 Foreigners no provision; comity provided it does not violate strongly held policy Traditional lex loci celebrationis Policy-centered marital domicile National law of parents Personal law Lex domicilii Personal law of child (Adoption created by personal law of adopter) same law (Adoption created by personal law of child) personal law of adopting parents Lex situs May be: Lex situs, lex domicilii, or lex loci actus (transaction) Philippines: both lex situs (Art 16), except Transaction does not affect transfer of title Real property is security (accessory contract lex situs, principal - contract) Testate and intestate succession (national law) Legitimate father Illegitimate - mother Except tort (lex loci delicti commissi) Unless such is incidental

Declaration of Nullity Parental Relations Capacity Adoption Welfare of child Effect of Adoption

Property Immovable Movable

Extrinsic and Intrinsic validitiy of conveyance Succession Extrinsic Validity

Lex situs Lex loci celebrationis Lex Nationalii (no explicit provision) Lex Domicilii (aliens only) Lex nationalii Lex nationalii Lex intentionis National law Domiciliary - Place of Revocation Non-Domiciliary Where will was executed Situs of property Express choice-of-law provision or law that will sustain the validity of the trust Lex Loci delicti commissi (law of place where tort was committed) Lex Loci Delicti (law of the place where the crime was committed) Place of injury / vested rights Law of state where it was incorporated If not fixed by law, where legal representation is or where they exercise principal functions Lex loci solutionis law of the place of performance. Prevails over lex loci contractus. Lex loci Contractus law where the contract is made Lex loci intentionis law intended by the parties. Recognized unless there are cogent reasons for not doing so. Except: a. Constitutional and statutory restrictions b. Control test during the war Common Law law of domicile at the time of death Joint wills executed by Filipinos are expressly invalidated by law.

Intrinsic Validity Interpretation of Wills Succesional Rights Revocation

Administration Trusts Torts Civil law

Except: state officials, foreign vessel, if punishable in the Philippines even though committed abroad

Common law Corporations Personal law Domicile Contracts Intrinsic Validity