Civil Law and Land Titles and Deeds › Effect and Application of Laws › Conflict of Laws › Choice of Law

a. Lex Nationalis vs. Lex Domicilii

Rules governing the validity of marriage:

  • As to its extrinsic validity – Lex loci celebrationis

NOTE: Locus regit actum (the act is governed by the law of the place where it is done) - is adhered to here in the Philippines as regards the extrinsic validity of marriage.

  • As to its intrinsic validity – Personal law

NOTE: Personal law may either be the national law or the law of the place where the person is domiciled.

If the person involved is a stateless person, domiciliary rule applies, otherwise, lex nationalis applies.

The first paragraph of Article 26 of the Family Code (FC) governs the recognition in the Philippines of marriages solemnized abroad and valid where celebrated, whether the spouses are Filipinos, foreigners, or of different nationalities, subject to the exceptions stated in that paragraph.

SUMMARY OF PROVISIONS ON CONFLICTS OF LAW

LAW MATTERS/
PERSONS BOUND		 GOVERNING PRINCIPLE/ DOCTRINE
Penal Laws Persons within Philippine territory Principle of Territoriality: Law of the place where crime
was committed (Art. 14).

Exceptions:
1) Principles of Public International Law
2) Treaty Stipulations
Laws Relating to
Family Rights and
Duties, Status, Condition, and Legal Capacity		 Philippine citizens, even when living abroad Principle of Nationality: National law of the person, with
respect to –
1) Family rights and duties;
2) Status;
3) Condition; and
4) Legal capacity (Art. 15).
Laws Governing
Property (Real and
Personal)		 Real and personal property Lex situs or Lex rei sitae: Law of the place where the
property is situated (Art. 16)
Succession Order of succession, amount of successional rights, intrinsic validity of testamentary provisions, and capacity to succeed National law of the decedent governs the order of succession, amount of successional rights, and intrinsic validity of testamentary provisions, regardless of place of death (Art. 16).

Capacity to succeed is governed by the national law of the decedent (CIVIL CODE, Art. 1039.).
Laws Relating to
Forms and
Solemnities		 Forms and solemnities of
contracts, wills, public
instruments		 Lex loci celebrationis: Law of the country in which they
are executed (Art. 17)

Exception: If executed before Philippine diplomatic or
consular officials abroad, Philippine laws shall govern.

Authorities

  • Family Code, Sec. 26
  • Sempio-Diy