Definition of Private International Law -- page 2 Paras

Conflict of Laws-part of municipal law of a state which directs its courts and administrative agencies, when confronted with a legal problem involving a foreign element, whether or not they should apply a foreign law or foreign laws Sources of Conflicts of Law scattered Apply foreign law difficult to apply since we are not expert with foreign laws Civil Code: Art. 15 Personal Status When travelling abroad, your civil status will not change ivorce valid in America! not valid in the "hilippines #$ %&%' ( )$C$ with #* +ids ivorce in ,S- ./S!!!!! in "hil - %' *$ %&%' ( 01&S2&%/ 1/./S with #* +ids 3arriage in ,S- 4AL& !!!!! in "hil - 4'& 3. %&%', a 5ilipino, died in the ,$S$ 6 # 7illion asset %ational law of the decedent governs 1ights of 7igamous Wife %one8 1eason- "hilippine law encourages monogamy 7igamous 3arriage applies even or the 9th marriage "olygamous 3arriage terms used for 3uslims Article 15 - ationalit! "#eor! Art. 15. Laws relating to family rights and duties, or to the status, condition and legal capacity of persons are binding upon citi:ens of the "hilippines, even though living abroad$ Article 1$ - Le% Situs Art. 1$. 1eal property as well as personal property is sub;ect to the law of the country where it is situated$ <owever, intestate and testamentary successions, both with respect to the order of succession and to the amount of successional rights and to the intrinsic validity of testamentary provisions, shall be regulated by the national law of the person whose succession is under consideration, whatever may be the nature of the property and regardless of the country wherein said property may be found$ Article 1& - Le% Loci Cele'rationis Art. 1&. 2he forms and solemnities of contracts, wills, and other public instruments shall be governed by the laws of the country in which they are executed$ When the acts referred to are executed before the diplomatic or consular officials of the 1epublic of the "hilippines in a foreign country, the solemnities established by "hilippine laws shall be observed in their execution$

"rohibitive laws concerning persons, their acts or property, and those which have for their ob;ect public order, public policy and good customs shall not be rendered ineffective by laws or ;udgments promulgated, or by determinations or conventions agreed upon in a foreign country$ Article (15 - A )ilipino *a+ing a will a'road Art. (15. When a 5ilipino is in a foreign country, he is authori:ed to ma+e a will in any of the forms established by the law of the country in which he may be$ Such will may be probated in the "hilippines$ Article (1$ - Alien *a+ing a will in t#e P#ilippines Art. (1$. 2he will of an alien who is abroad produces effect in the "hilippines if made with the formalities prescribed by the law of the place in which he resides, or according to the formalities observed in his country, or in conformity with those which this Code prescribes$ Article (1& - Alien *a+ing a will a'road, pro'ated in t#e P#ilippines Art. (1&. A will made in the "hilippines by a citi:en or sub;ect of another country, which is executed in accordance with the law of the country of which he is a citi:en or sub;ect, and which might be proved and allowed by the law of his own country, shall have the same effect as if executed according to the laws of the "hilippines$ Article (1- - .n /oint 0ills Art. (1(. 2wo or more persons cannot ma+e a will ;ointly, or in the same instrument, either for their reciprocal benefit or for the benefit of a third person$ =>>?@ Art. (1-. Wills, prohibited by the preceding article, executed by 5ilipinos in a foreign country shall not be valid in the "hilippines, even though authori:ed by the laws of the country where they may have been executed$ Article (2- - 1evocation of 0ills Art. (2-. A revocation done outside the "hilippines, by a person who does not have his domicile in this country, is valid when it is done according to the law of the place where the will was made, or according to the law of the place in which the testator had his domicile at the time! and if the revocation ta+es place in this country, when it is in accordance with the provisions of this Code$ Article 123- - Capacit! to succeed Art. 123-. Capacity to succeed is governed by the law of the nation of the decedent$ Article 1&53 - Da*age to 4oods in "ransitu Art. 1&53. 2he law of the country to which the goods are to be transported shall govern the liability of the common carrier for their loss, destruction or deterioration$ )A5IL6 C.D7 : Article 21 - Aliens *arr!ing in t#e P#ilippines Art. 21. When either or both of the contracting parties are citi:ens of a foreign country, it shall be necessary for them before a marriage license can be obtained, to submit a certificate of legal capacity to contract marriage, issued by their respective diplomatic or consular officials$

Stateless persons or refugees from other countries shall, in lieu of the certificate of legal capacity herein reAuired, submit an affidavit stating the circumstances showing such capacity to contract marriage$ Article 2$ - Le% Loci Cele'rationis - Divorce .'tained A'road Art. 2$. All marriages solemni:ed outside the "hilippines, in accordance with the laws in force in the country where they were solemni:ed, and valid there as such, shall also be valid in this country, except those prohibited under Articles BC =#@, =9@, =C@ and =>@, B>, BD and BE$ =#Da@ Where a marriage between a 5ilipino citi:en and a foreigner is validly celebrated and a divorce is thereafter validly obtained abroad by the alien spouse capacitating him or her to remarry, the 5ilipino spouse shall have capacity to remarry under "hilippine law$ 8As a*ended '!7%ecutive .rder 22&9 81epu'lic vs .'recido9 : land*ar+ case t#at )oreign ;udg*ent *ust 'e dul! aut#enticated and ;udiciall! recogni<ed 0#at=s t#e 1ule for 1ecognition of )oreign /udg*ent > 1e*ed!: )ile for Petition for 1ecognition of )oreign /udg*ent: 1. 1"C : )a*il! Court 2. /udg*ent is Aut#enticated '! P#il Consul 3. ?.S. Law aut#enticated @. Aus'and is ?.S. Citi<en 5. Petitioner was a )ilipino at t#e ti*e of Divorce Contract : "#e! *a! agree w#ere t#e ;urisdiction of contract s#ould 'e. )or*alit! of Contract : w#ere contract was signed --------------Plaintiff Defendant ABC Corp C D6E Corp 8Britis#9 84er*an9 Contract signed: Aong+ong "o 'uild to Int=l Airport in 5anc#ester at 522 Billion 7uro Ar'itrators: )ilipino, Singaporean, 5ala!sian "rial in Aong+ong If Plaintiff wins, e%ecute it in 4er*an! 1ecognition first, t#en 7%ecutionF. If t#ere=s a conflict 'etween a "reat! and a 5unicipal Law, 5unicipal Law prevails according of to SC.

In t#e a'sence of 5unicipal Law, treat! prevails due to Incorporation Clause 87c#iong vs Aernande<9 Cri*e: Art. 2 of t#e 1evised Penal Code 'n-board foreign vessel Gualif! if vessel is private or pu'lic: Adoption: #$ Do*estic Adoption Law : former 5ilipino citi:ens will be the one adopting *$ Inter-Countr! Adoption Law : pure foreigner will be the one adopting Corporation registered in t#e P#ilippine: p. @22 Paras 1. )irst "#eor! : law of t#e place of incorporation 2. Second "#eor! : law or place of t#e center of *anage*ent 3. "#rid "#eor! : place principall! affected '! activities o foreign stoc+#older: 1. 3ass media except recording =Art$ F4&, Sec$ ## Constitution@ 2. 1etail trade enterprises with paid-up capital of less than 6*$C 3illion B$ "rivate security agencies =Sec$ 9, 1A C9ED@ 9$ Small-scale mining C$ ,tili:ation of %atural 1esources =Art$ F&&, Sec$ * Constitution@ >$ Coc+pits =Sec$ C " 99?@ D$ 3anufacture, repair, stoc+piling and or distribution of nuclear weapons =Art$ &&, Sec$ E Constitution@ E$ 3anufacture of firecrac+ers and other pyrotechnic devices =Sec$ C, 1A D#EB@ ?p to 22H foreign eIuit!: #$ "rivate radio communications networ+ =1A BE9>@ ?p to 25H foreign eIuit!: #$ "rivate recruitment, whether for local or overseas, employment =Art$ *D " 99*@ 2. Construction and repair of locally funded wor+s =Sec$ #, CA C9#@ B$ Construction of defense-related structures =Sec$ #, CA C9#@ ?p to @2H foreign eIuit!: #$ /xploration, development and utili:ation of natural resources =Art$ F&&, sec$ * Constitution@ *$ 1ealty companies and other corporation that own private lands =Art$ F&&, Sec$ D, Constitution@ B$ 'peration and 3anagement of public utilities =Art$ F&&, Sec$ ## Constitution@ 9$ Culture, production, milling, processing, trading except retail of rice and corn and byproducts =Sec$ C " #?9! Sec$ #C 1A ED>*@! C$ Ad;ustment companies =Sec$ B*B " >D*@ >$ Sauna and steam bath bathhouses, massage clinics and similar activities =1A DG9*@ ?p to $2H foreign eIuit!: #$ 5inancing companies =Sec > 1A C?EG, as amended by 1A ECC>@ *$ &nvestment houses =Sec$ C " #*?, as amended by 1A EB>>@ Article (2 - Propert! 1elations in 5i%ed 5arriages

Art. (2$ &n the absence of a contrary stipulation in a marriage settlement, the property relations of the spouses shall be governed by "hilippine laws, regardless of the place of the celebration of the marriage and their residence$ This rule shall not apply: =#@ Where both spouses are aliens! =*@ With respect to the extrinsic validity of contracts affecting property not situated in the "hilippines and executed in the country where the property is located! and =B@ With respect to the extrinsic validity of contracts entered into in the "hilippines but affecting property situated in a foreign country whose laws reAuire different formalities for its extrinsic validity$ Article 1(@ - Adoption '! an Alien Art. 1(@. 2he following persons may not adopt=#@ 2he guardian with respect to the ward prior to the approval of the final accounts rendered upon the termination of their guardianship relation! =*@ Any person who has been convicted of a crime involving moral turpitude! =B@ An alien, except=a@ A former 5ilipino citi:en who see+s to adopt a relative by consanguinity! =b@ 'ne who see+s to adopt the legitimate child of his or her 5ilipino spouse! or cdt =c@ 'ne who is married to a 5ilipino citi:en and see+s to adopt ;ointly with his or her spouse a relative by consanguinity of the latter$ Aliens not included in the foregoing exceptions may adopt 5ilipino children in accordance with the rules on inter-country adoptions as may be provided by law$ =*Ea, /' ?# and " >GB@ : a*ended '! 1A (552, section & 1A (552, S7C"I. & . 0A. 5A6 AD.P". : "A7 ).LL.0I 4 5A6 AD.P": =a@ Any 5ilipino citi:en of legal age, in possession of full civil capacity and legal rights, of good moral character, has not been convicted of any crime involving moral turpitude, emotionally and psychologically capable of caring for children, at least #> years older than the adoptee, and who is in the position to support and care for hisHher children in +eeping with the means of the family$ 2he reAuirement of #> year difference between the age of the adopter and the adoptee may be waived when the adopter is the biological parent of the adoptee, or is the spouse of the adopteeIs parent! =b@ Any alien possessing the same Aualifications as above stated for 5ilipino nationals- "rovided, 2hat hisHher country has diplomatic relations with the 1epublic of the "hilippines, that heHshe has been living in the "hilippines for at least B continuous years prior to the filing of the application for adoption and maintains such residence until the adoption degree is entered, that heHshe has been certified by hisHher diplomatic or consular office or any appropriate government agency that heHshe has the legal capacity to adopt in hisHher country, and that hisHher government allows the adoptee to enter hisHher country as sonHdaughter- provided, further, that the reAuirements on residency an certification of the aliens Aualification to adopt in hisHher country may be waived for the following=i@ a former 5ilipino citi:en who see+s to adopt a relative within the fourth=9th@ degree of consanguinity or affinity! or =ii@ one who see+s to adopt the legitimate sonHdaughter of hisHher 5ilipino spouse! =iii@ one who is married to a 5ilipino citi:en and see+s to adopt ;ointly hisHher spouse a relative within the 9th degree of consanguinity or affinity of the 5ilipino spouse! or =c@ 2he guardian with respect to the ward after the termination of the guardianship and clearance of hisHher financial accountabilities$

<usband and wife shall ;ointly adopt, except in the following cases=i@ if one spouse see+s to adopt the legitimate sonHdaughter of the other! or =ii@ if one spouse see+s to adopt hisHher own illegitimate sonHdaughter- "rovided, <owever, that the other spouse has signified hisHher consent thereto! or =iii@ if the spouses are legally separated from each other$ &n case the husband and wife ;ointly adopt, or one spouse adopts the illegitimate sonHdaughter of the other, ;oint parental authority shall be exercised by the spouses$ Article 1(& - Can a )ilipino Adopt an Alien> Art. 1(&. "#e following *a! not 'e adopted: =#@ A person of legal age, unless he or she is a child by nature of the adopter or his or her spouse, or, prior to the adoption, said person has been consistently considered and treated by the adopter as his or her own child during minority$ =*@ An alien with whose government the 1epublic of the "hilippines has no diplomatic relations! and =B@ A person who has already been adopted unless such adoption has been previously revo+ed or rescinded$ =BGa, /' ?# and " >GB@ :a*ended '! 1A (552, section ( 1A (552, S7C"I. (. 0A. 5A6 B7 AD.P"7D. 2he following may be adopted=a@ Any person below #E years of age who has been administratively or ;udicially declared available for adoption! =b@ 2he legitimate sonHdaughter of one spouse by the other spouse! =c@ An illegitimate sonHdaughter by a Aualified adopter to improve hisHher status to that of legitimacy! =d@ A person of legal age if, prior to the adoption, said person has been consistently considered and treated by the adopter=s@ as hisHher own child since minority! =e@ A child whose adoption has been previously rescinded! or =f@ A child whose biological or adoptive parent=s@ has died- "rovided, that no proceedings shall be initiated within > months from the time of death of said parent=s@$