b. Lex Rei Sitae

Laws that will govern the property relations of the spouses

GR: Philippine laws shall govern, regardless of place of celebration of marriage and residence of spouses, in the absence of contrary stipulation in a marriage settlement. (FC, Art. 80)

XPN: The Philippine-law rule does not apply in the following cases; lex rei sitae is relevant to the exceptions concerning extrinsic validity:

• Where both spouses are aliens;
• With respect to the extrinsic validity of contracts affecting property not situated in the Philippines, and executed in the country where the property is located; or
• With respect to extrinsic validity of contracts entered into in the Philippines but affecting property situated in a foreign country whose laws require different formalities for its extrinsic validity. (FC, Art. 80)