Raymond R.

Danico, LlB
 What is Law?

General/Abstract sense:
Science of moral laws founded on the nature of man that
governs his free activity for the realization of individual
and social ends of life under an aspect of mutual
conditional dependence.
Specific/Concrete sense:
A rule of conduct, just and obligatory, formulated by
legitimate power for common observance and benefit
 THE LAW IS JUST
THE LAW IS OBLIGATORY
Ignorantia legis neminem excusat
THE LAW MUST BE ENACTED BY LEGITIMATE
AUTHORITY
THE LAW MUST BE FOR THE COMMON GOOD
 POSITIVE LAW
A rule of action, mandatory in form, freely
established and promulgated by competent
authority for the common good. All laws, except
natural law, is referred to as positive law.
NATURAL LAW
A rule of action, mandatory in form, which reason
itself reveals as established and promulgated by the
Author of nature and imposed upon all men
through their very nature. It includes both physical
and moral law.
 Alex was born a Filipino, but was a naturalized
Canadian citizen at the time of his death on
December 25, 1998. He left behind a last will and
testament in which he bequeathed all his
properties, real and personal, in the Philippines
to his acknowledged illegitimate daughter and
nothing to his two legitimate Filipino sons. The
sons sought the annulment of the last will and
testament on the ground that it deprived them of
their legitimes but the daughter was able to
prove that there were no compulsory heirs or
legitimes under Canadian law. Who should
prevail? (2001 Bar Exams)
 While in Afghanistan, a Japanese by the name
of Sato sold to Ramoncito, a Filipino, a parcel
of land situated in the Philippines which Sato
inherited from his Filipino mother.
What law governs the formality in the execution of
the contract of sale? (1995 Bar Exams)
What law governs the capacity of the Japanese to
sell the land? (1995 Bar Exams)
What law governs the capacity of Ramoncito, a
Filipino?
 Liz and Quen, who are both Filipino citizens, met
while working overseas. They became sweethearts
and got engaged to be married on New Years Eve
aboard a cruise ship in the West Philippine Sea. They
took the proper license to marry in New York City,
where there is a Filipino consulate. But as planned,
the wedding ceremony was officiated by the captain
of the Norwegian-registered vessel in a private suite
among selected friends. Back in Manila, Liz
discovered that Quen has been married in Bacolod
City 5 years earlier, but divorced in Oslo only last
year. His first wife, Julia was also a Filipina but now
based in Sweden. Quen himself is a resident of
Norway where he and Liz plan to live permanently.
Was Quen capacitated to marry Liz?
 In his lifetime, Adil, a Pakistani citizen, married 3 times
under Pakistani law. When he died an old widower, he left
behind 6 children, 2 sisters, 3 homes and an estate worth
30 million pesos in the Philippines. He was born in
Pakistan but last resided in Cebu, where he had a Mansion
and where her two children live, while the rest are farmers
living in Zamboanga and Sulu. Finding the deceased left no
will, the youngest son wanted to file intestate proceedings
before the court of Cebu. Two other siblings objected
arguing that it should be in Sulu before the Sharia Court
since his lands are in Sulu. But Adils sisters in Pakistan
want the proceedings to be held in Lahore before Pakistani
Court
Which court has jurisdiction and is the proper venue for the
intestate proceedings?
What law shall govern succession to his Estate?
 Mr. Bean, a Filipino, executed a will in Kuwait,
while there as a contract worker. Assume that
under the laws of Kuwait, it is enough that
the testator affix his signature in the
presence of two witnesses and that the will
need not be acknowledged before a notary
public. Philippine law, on the other hand,
requires a notarized will.
May the will be probated in the Philippines even
though it did not comply with the form and
solemnity required by law?