its whereabouts the supposed date of effectivity,

CIVIL CODE (RA NO. 386) and in mere supplement of the Official Gazette
Date of Effectivity August 30, 1950 cannot satisfy the publication requirement. This is
not substantial compliance. (Tañada vs. Tuvera. G.R. L-
CHAPTER 1 4226, July 26, 1935)

1. EFFECTIVITY OF LAWS 1.3. WHERE TO PUBLISH

Publication of laws may either be in the Official
ARTICLE 2. Laws shall take effect after fifteen days Gazette or in a newspaper of general circulation in
FOLLOWING the COMPLETION OF THEIR the Philippines.
PUBLICATION either in the Official Gazette, or in a To be a NEWSPAPER OF GENERAL CIRCULATION, it
NEWSPAPER OF GENERAL CIRCULATION in the is enough that:
Philippines, unless it is otherwise provided (As 1. It is published for the dissemination of local
amended by EO No. 200) news and general information
2. It has bona fide subscription list of paying
A LAW MAY PROVIDE FOR ITS OWN EFFECTIVITY. If
subscribers
the law is silent as to its own effectivity, then it shall
3. Published at regular intervals
take effect only after fifteen (15) days FOLLOWING
its complete publication, i.e. 16th day.
1.4. WHAT MUST BE PUBLISHED (5)
15th Day: If the law declares that it shall become 1. All Statues, including those of local application
effective “15 days after its publication,” it means and private laws;
that its effectivity is on the 15th day after such 2. Presidential Decrees and Executive orders
publication. promulgated by the President in the exercise
of this legislative powers
3. Administration rules and regulations, if their
1.1. PUBLICATION REQUIREMENT purpose is to enforce or implement existing
law pursuant also to a valid delegation
When the law does not provide for its own
4. The charter of a city;
effectivity then it must be published because the
5. Monetary Board Circulars, if they are meant
date of publication is material for determining the
not merely to interpret by to “fill in the details”
law’s effectivity. Without such notice and
of the Central Bank Act which the body is
publication, there would be no basis for the
supposed to enforce.
application of the maxim “ignorantia legis non
excusat”. It would be the height of injustice,
1.5. WHEN PUBLICATION IS NOT REQUIRED (4)
according to court, to punish or otherwise burden
a citizen for the transgression of a law of which he
1. Interpretative regulations and those merely
had no notice whatsoever, not even a constructive
internal nature
one.
2. Letters of Instructions issued by administrative
Publication of laws is indispensable under the due superiors to be followed by their subordinates
process clause of the constitution. However, the in the performance of their duties
legislature may in its discretion provide that the 3. Municipal Ordinances – not covered by this
usual 15-day period shall be shortened or extended. rule but by Local Government Code (RA 7160)

1.2. PUBLICATION IN FULL

Publication must be in full or it is no publication at

all since its purpose is to inform the public of the
contents of the laws. Mere mention of the number
of the presidential decree, the title of such decree,
 People v. Que Po Lay 3.2. DOCTRINE OF PROCESSUAL PRESUMPTION
L-6791, Mar. 29, 1954
Doctrine of Processual Presumption of Law of
Facts: Po Lay was accused of violating Presumed Identity Approach means that if the
Circular No. 20 of the Central Bank compelling those foreign law is not properly pleaded or proved, the
who had foreign currency to sell the same to the presumption of identity or similarity of the foreign
Central Bank. Po Lay alleged that as the circular had law to our own law applies. (Continental
not yet been published in the Official Gazette before Micronesia, Inc. v. Basso, G.R. No. 178382-83)
he committed the act, the circular should have no
effect on his act and that therefore he should be 3.3. IGNORANCE OF LAW vs. IGNORANCE OF FACT
acquitted.
When we say “ignorance of the law”, we refer not
HELD: Po Lay is correct for the circular has only to the literal words of the law itself, but also
the force of law, and should have been published. to the meaning or interpretation given to said law
Moreover, as a rule, circulars which prescribe a by our courts of justice (Adong v. Cheong Seng Gee,
penalty for their violation should be published 43 Phil. 43; Sy Joc Lieng v. Syquia, 16 Phil. 137)
before becoming effective. This is based on the
general principle and theory that before the law is In specific instances provided by law, mistake as to
bound by it contents, especially its penal difficult legal questions has been given the same
provisions, a law, regulation, or circular must first effect as mistake of fact.
be published, and the people officially and
specifically informed of said contents and the IGNORANCE OF LAW IGNORANCE OF FACT
penalties for violation thereof. Ignorance of the law is Ignorance of the fact
no excuse for not eliminates criminal
Farinas vs. Executive Secretary complying with the intent as long as there
law is no negligence
The Court declared that the “Effectivity” clause
(Section 16) of R.A. No. 9006 which provides that it Mistake on a doubtful Mistake of fact may,
or difficult question of furthermore, vitiate
“shall take effect immediately upon its approval” is
law y be the basis of consent in a contract
DEFECTIVE but does not invalidate the law. The law
good faith (Civil Code, and make it voidable
took effect 15 days after its publication in the OG or
Art. 526) (Civil Code, Art. 1390)
NGC.

2. PRESUMPTION OF KNOWLEDGE OF LAWS

3. PROSPECTIVE APPLICATION OF LAWS
ARTICLE 3. Ignorance of the law excuses no one
from compliance therewith. ARTICLE 4. Laws shall have no retroactive effect,
unless the contrary is provided.
EVERYONE is CONCLUSIVELY PRESUMED TO KNOW
TO THE LAW. Knowledge of the law is presumed as 3.1. GENERAL RULE
matter of policy because of practical necessity and All statutes are to be construed as having only
convenience. If ignorance of the law will be allowed prospective operation. Lex prospicit, non respicit.
as an excuse, it will be available for everyone as a
defense and anarchy and chaos will rule for 3.2. EXCEPTIONS TO GENERAL RULES (5)
everyone will be freed from criminal liability. 1) Laws that provides for its retroactivity
2) Penal laws favorable to the accused
3.1. LAWS COVERED 3) Procedural or Remedial Laws
▪ Domestic Laws (limited to mandatory and 4) Curative Laws
prohibitory laws only) 5) Laws creating New Substantive Right
▪ NOT applicable to foreign Laws
 undetermined at the time of their passage.
3.2.1. WHEN THE LAW PROVIDES FOR ITS Procedural laws are retroactive in that sense and
RETROACTIVITY; to THAT EXTENT.
TWO EXCEPTIONS: (W/ CONSTITUTIONAL BASIS)
1. When the retroactivity of a penal statute will 3.2.4. CURATIVE LAWS
make it an ex post facto law This is necessarily retroactive for the precise
2. When the retroactive effect of the statute will purpose is to CURE ERRORS or IRREGULARITIES.
result in impairment of obligation of contracts. However, this kind of law, to be valid, must NOT
IMPAIR VESTED RIGHTS nor affect final judgments.
A. NO EX-POST FACTO LAW
To be an ex post facto, the law must: 3.2.5. LAW CREATING NEW SUBSTANTIVE RIGHT
1) Refer to criminal matters; May be given retroactive effect provided it has not
2) Be retroactive in its application;
prejudiced another acquired right of the same
3) Prejudicial to the accused origin.

B. NON-IMPAIRMENT OF CONTRACTS Example:

Only laws existing at the time of the execution of
BERNABE v. ALEJO
the contract are applicable thereto and not later
The right to seek recognition granted by the Civil
statutes. A later law which impairs the contract
Code to illegitimate children who were still minors
cannot be given retroactive effect without violating
at the time the Family Code took effect cannot be
the constitutional prohibition against impairment of
impaired or taken away. The minors have up to four
contracts.
years from attaining majority age within which to
file an action for recognition.
EXCEPTIONS: EXERCISE OF POLICE POWER
A law enacted in the exercise of police power to Article 285 of the Civil is a substantive law, as it gives
regulate or govern certain activities or transactions Adrian the right to file his petition for recognition
could be given retroactive effect and may within four years from attaining majority age.
reasonably impair vested rights or contracts. Non- Therefore, the Family Code cannot impair or take
impairment of contracts or vested rights clauses Adrian’s right to file an action for recognition,
will have to yield to the superior and legitimate because that right had already vested prior to its
exercise by the State of police power to promote enactment.
the health, morals, peace, education, good order,
safety, and general welfare of the people. 4. MANDATORY AND PROHIBITORY LAWS

3.2.2. FAVORABLE TO THE ACCUSED ARTICLE 5. Acts executed against the provision of
mandatory or prohibitory laws shall be void,
Article 22. Retroactive Effect of Penal Laws – Penal
except when the law itself authorized their
laws shall have retroactive effect in so far as they
validity.
favor the person guilty of felony, who is not a
habitual criminal, as this term is defined in Rule 5 of
Article 62 of this Code, although at the time of the Par. 3, Art. 17, CC. Prohibitive laws, concerning
publication of such laws a final sentence has been persons, their acts or property, and those which
pronounced and the convict is serving the same. have for their object public order, public policy and
good customs shall not be rendered ineffective by
laws or judgments promulgated, or by
3.2.3. REMEDIAL LAWS determinations or conventions agreed upon in a
The retroactive application of procedural laws is foreign country
NOT VIOLATIVE OF ANY RIGHT OF A PERSON, the GENERAL RULE: Acts against the provisions of
reason is that as a general rule, NO VESTED RIGHT mandatory or prohibitory laws are void as per
may attach nor arise from procedural laws. Article 5 of the Civil Code, except: (V-MAN)

Statutes regulating the procedures of the courts will (1) When the law makes the act Voidable (e.g.
be construed as applicable to actions pending and Marriage celebrated through violence);
(2) When the law Makes the act valid, but ii. PERSONAL RIGHT – power belonging to
punishes the violator (e.g. marriage one person to demand of another, as a
solemnized by person without legal authority) definite passive subject, the fulfillment of
(3) When the law itself Authorized its validity (e.g. a prestation to give, to do or not to do.
Lotto)
(4) Where the law declares the act Null and void
5.4. REQUISITES OF VALID WAIVER
but recognizes the legal effects arising from it.
(e.g. void marriage under Art. 36 and 53,
Renunciation/Waiver is defined as the
children conceived thereunder are considered
relinquishment of a known right with both
legitimate)
KNOWLEDGE of its existence and an INTENTION TO
RELIQUISH IT.

5. WAIVER OF RIGHTS In order that a person may be considered to have

validly renounced a right, the following requisites
ARTICLE 6. Rights may be waived, unless the should be present:
waiver is contrary to law, public policy, morals, or a. He must Actually have the right which he
good customs, or prejudicial to a third person with renounces
a right recognized by law. b. He must have the Capacity to make the
5.1. GENERAL RULE: Rights may be waived. renunciation
c. The renunciation must be in a Clear and
unequivocal manner
5.2. ELEMENTS OF RIGHTS
1. Subject – Person Cui v. Arellano University
a. Active Subject: One who is entitled to
demand the enforcement of the right Issue: W/N the waiver of petitioner’s right to
b. Passive Subject: One who is DUTY-BOUND transfer to another school without refunding to the
to the enforcement of the right respondent the equivalent of his scholarships in
cash, is valid or not.
2. Object – refers to things and services
3. Efficient Cause – the Fact that gives rise to the The stipulation in question is contrary to public
legal relation policy and hence, null and void. Scholarships are
awarded in recognition of merit not to keep
5.3. KINDS OF RIGHT outstanding students in school to bolster its
1. POLITICAL RIGHTS prestige. Scholarships are granted not to attract and
- those referring to the participation of keep brilliant students in school for their
persons in the government of the state propaganda value but to reward merit or help gifted
students in whom society has an established
2. CIVIL RIGHTS interest or first lien.
a. HUMAN RIGHTS – rights of Personality
b. FAMILY RIGHTS

***The rights to personality and family rights are

NOT SUBJECT TO WAIVER.

c. PATRIMONIAL RIGHTS – waivable

i. REAL RIGHTS – power belonging to a
person over a specific thing, without a
passive subject individually determined
against whom such right may be
personally exercised
6. REPEAL OF LAWS 6.3. CONFLICT BETWEE GENERAL & SPECIAL LAWS
Q: In case of conflict between a general and special
ARTICLE 7. Laws are repealed only by subsequent law, which should prevail?
ones, and their violation or non-observance shall A: In case of conflict between a general and special
not be excused by disuse, or custom or practice to law, the following rules apply:
the contrary. 1. IF THE GENERAL LAW enacted PRIOR to
SPECIAL LAW, the latter is considered exception
When the courts declared a law to be inconsistent
to the general law (NO REPEAL)
with the Constitution, the former shall be void and
2. IF THE GENERAL LAW enacted AFTER to
the latter shall govern.
SPECIAL LAW, the special laws remains unless:
Administrative or executive acts, orders and (ICE)
regulations shall be valid only when they are not a. The subsequent general law covers the whole
contrary to the laws or the Constitution subject and is clearly Intended to replace the
special law on the matter
b. There is clear, necessary irreconcilable
6.1. WAYS OF REPEALING LAW: Conflict;
c. There is Express declaration to the contrary
1. EXPRESS REPEAL – contained in a special
provision of a subsequent law 6.3. LAPSE OF LAW
Laws may lapse, i.e. end by itself in view of the
“All laws or parts thereof which are inconsistent expiration of the period during which it was
with this Act are hereby repealed or modified supposed to be effective WITHOUT the necessity
accordingly” – NOT express repealing clause of any repeal as exemplified by the law granting the
President Emergency Powers, or the Annual
2. IMPLIED REPEAL – takes place when the Appropriations Act.
provisions of the subsequent law are
incompatible with those of an earlier law and 6.4. EFFECT OF REPEAL OF REPEALING LAW
there is no express repeal. Shall depend on whether the previous repeal was
express or implied:
However, there must be a PLAIN,
UNAVOIDABLE & IRRECONCILABLE a. EXPRESS REPEAL
REPUGNANCY between the two; if both laws When a law which expressly repeals a prior law is
can by reasonable construction stand together, itself repealed, the law first repealed shall not be
both will be sustained. thereby revived, unless expressly so provided

b. IMPLIED REPEAL
6.2. PRESUMPTION AGAINST IMPLIED REPEAL
When a law which impliedly repeals a prior law is
itself repealed, the prior law shall thereby be
It is well-settled rule of STATUTORY
revived., unless the repealing law provides
CONSTRUCTION that repeal of laws by implication
otherwise.
are NOT FAVORED and the courts must generally
assume their congruent applications. The UNCONSTITUTIONAL LAWS
fundament is that the LEGISLATURE SHOULD BE
PRESUMED TO HAVE KNOWN THE EXISTING LAWS
on the subject and HAVE NOT ENACTED a. ORTHODOX VIEW
CONFLICTING STATUTES. “If a law, administrative or executive acts, orders
and regulations are inconsistent with the
Requisites of an Implied Repeal Constitution, they are considered not valid.”
1. Laws cover the same subject
b. OPERATIVE FACT DOCTRINE
2. Latter is repugnant to the earlier
The operative fact doctrine recognizes the existence
There is repugnancy between the laws that they
and validity of a legal provision prior to its being
cannot be made to stand together
declared unconstitutional.
The effect of unconstitutionality of a law shall only 8.1. CRIMINAL PROSECUTIONS
operate starting from the time it was declared and The judge may not decline to render a judgment.
so and should not serve as to undo the effects Instead, the judge must dismiss the criminal action.
before the law was declared unconstitutional. Applying the rule “Nullum crimen, nulla poena sine
lege” (There is no crime when there is no law
The doctrine is applicable when a declaration of
punishing it). The judge must dismiss the case if
unconstitutionality will impose an undue burden on
somebody is accused of a non-existent crime.
those who have relied on the invalid law.
8.2. DURA LEX SED LEX
7. JUDICIAL DECISIONS “The law may hard, but it is still the law”

The first duty of the judge is to APPLY THE LAW –

ARTICLE 8. Judicial Decisions applying or whether it be wiser or not, whether unjust –
interpreting the laws or the Constitution shall form provided that the LAW IS CLEAR AND THERE IS NO
a part of the legal system of the Philippines. DOUBT.

7.1. DOCTRINE OF STARE DECISIS 8.3. IN CASE OF DOUBT: RESORT TO EQUITY

IN CASE OF DOUBT, the judge should presume that

The doctrine of Stare decisis enjoins adherence to
“lawmaking body intended right and justice to
judicial precedents. The doctrine is based on the
prevail”.
principle that once a question of law has been
examined and decided, it should be deemed settled EQUITY, which has been describe as “Justice
and closed to further argument. The doctrine, outside legality” is applied in the ABSENCE OF, AND
however, does not mean blind adherence to NEVER AGAINST the statutory law or judicial rules
precedents. If the doctrine is found contrary to law of procedure.
or erroneous, it should be abandoned.
Presumption: Laws are aimed at promoting justice
7.2. STARE DECISIS REFERS TO SC DECISIONS
Only the decisions of the Supreme Court establish Q: If the law applicable to the case is silent, obscure,
jurisprudence or doctrines in this jurisdiction. or insufficient, what should the judge do in deciding
Hence, only decisions of the Supreme Court are a case?
considered of the doctrine of Stare decisis. A: The judge may apply any rule as long as the rule
chosen is in harmony with the general interest,
7.3. PROSPECTIVE APPLICATION OF DOCTRINES order, morals and public policy. Among these are:
Like laws, which are generally prospective, new 1. Customs which are not contrary to law, public
judicial doctrines also apply prospectively and order, and public policy
should not apply to parties who had relied on the 2. Decisions of foreign and local courts on similar
old doctrine. Otherwise, there will be no end to cases
litigations. 3. Opinions of highly qualified writers and
professors
4. Rules on statutory construction
5. General principles of the natural moral law,
DUTY OF JUDGE
human law and equity;
8. SILENCE OR OBSCURITY OF LAWS 6. Respect for human dignity and personality

ARTICLE 9. No judge or court shall decline to

render judgment by reason of the silence, 9. CUSTOMS
obscurity or insufficiency of the laws.
ARTICLE 11. Customs which are contrary to law,
public order or public policy shall not be
ARTICLE 10. In case of doubt in the interpretation countenanced.
or application of laws, it is presumed that the
lawmaking body intended right and justice to ARTICLE 12. A custom must be proved as a fact,
prevail according to the rules of evidence
Requisites before the courts can consider the 11. TERRITORIALITY PRINCIPLE
custom of the place in deciding a case (PRUNIL)
ARTICLE 14. Penal laws and those of public security
1. A custom must be Proved as a fact, according and safety shall be obligatory upon all who live or
to the rules of evidence. sojourn in Philippine territory, subject to the
2. There must be number of Repeated acts principles of public international law and to treaty
3. The repeated acts must have been Uniformly stipulations.
performed
4. It must Not be contrary to law, public order or Exceptions:
policy
5. There must be a juridical Intention to make a 1. Treaty stipulations
rule of social conduct e.g. Military Base Agreement between the
6. There must be a sufficient Lapse of time Republic of the Philippines and the United States
of America
10. COMPUTATION OF PERIOD
ARTICLE 13. When the law speak of years, months, 2. Laws of Preferential Application
days or nights, it shall be understood that years are
Republic Act. No. 75. Prohibits the issuance of any
of three hundred sixty-five days each; months of
warrant of arrest against any ambassador or public
thirty days; day, of twenty-four hours; and nights
minister of any foreign state, authorized and
from sunset to sunrise.
received such by the President, including their
If months are designated by their name, they shall domestics or domestic servants registered in the
be computed by the number of days which they DFA.
respectively have.

In computing a period, the first day shall be 3. Principles of Public International Law
excluded, and the last day included.
It is well established principle of international law
that diplomatic representatives, such as
Section 31 Revised Administrative Code (RAC) ambassadors or public ministers and their official
Legal Periods. “Year shall be understood to be retinue, posses’ immunity from the criminal
twelve calendar months; “moth” of thirty days, jurisdiction of the country of their sojourn, and
unless it refers to a specific calendar month in which cannot be sued, arrested or punished by the law of
case it shall be computed according to the number that country. Heads of state posses the same
of days the specific month contains; “day”, to a day immunity, but consul is not entitled to such
of twenty-four hours; and “night” from sunset to immunity.
sunrise.
12. CONFLICT OF LAWS
If Last Day Falls on Saturday, Sunday or Legal
Also as known as Private International Law, is that
Holiday
part of the municipal law of a state which directs the
If the last day is a Saturday, Sunday or Legal Holiday, courts and administrative agencies, when
whether the act is due that day or the following day confronted with a legal problem involving a foreign
will depend on the following: element, whether or not they should apply a foreign
law. (PARAS, Philippine Conflict of Laws (1996),
1. In an Ordinary Contract, the agreement of the 2[hereinafter, PARAS, Conflict]).
parties prevails.

2. Under the Rules of Court, if the last day of the

period falls on a Saturday, Sunday or a legal
holiday in the place where the court sits, the
time shall not run until the next working day.
 Vicenta went to the United States and obtained a
12.1. NATIONALITY PRINCIPLE decree of divorce in Nevada on October 21, 1950.
On September 13, 1954, Vicenta married an
American and thereafter acquired American
ARTICLE 15. Laws relating to family rights and
citizenship. On July 30, 1955, Pastor filed a
duties or to the status, condition, and legal
complaint for legal separation and damages.
capacity of persons are binding upon citizens of
Vicenta claimed a valid divorce from plaintiff and an
the Philippines, even though living abroad.
equally valid marriage with her American husband.
Citizenship is the basis for jurisdiction that covers
the following:
Ruling: The SC ruled that it is clear from the record
that the valid marriage between Tenchavez and
A. FAMILY RIGHTS AND DUTIES
Escario remained subsisting and undissolved under
e.g. “The husband and wide are obliged to live
Philippine Law notwithstanding the decree of
together, observe mutual love, respect and fidelity,
absolute divorce that the wife sought and obtained
and render mutual help and support. (Art. 65,
in Nevada. At the time the divorce decree was
Family Code)
issued, Vicenta Escario, like her husband, was still a
Filipino Citizen. She was then subject to the
B. STATUS AND CONDITION
Philippine law as per Article 15 of NCC.
i. Citizenship
ii. Civil Status (Single, married, widowed)
Del Socorro v. Van Wilsem
iii. Parental Filiations (Legitimate or Illegitimate,
G.R. No. 193707
Adopted)
iv. Age
Summary: A Filipino woman (Del Socorro) seeks
v. Sex
legal action against her Dutch ex-husband (Van
vi. Mental Condition
Wilsem) for failing to provide financial support for
their child, leading to a Supreme Court ruling that
C. LEGAL CAPACITY
foreign nationals living in the Philippines can be
held liable for the deprivation of financial support
CASES
to their children under the Anti-VAWC Act.
Pilapil vs. Ibay-Somera
Facts: Imelda Pilapil, a Filipino Citizen, was married
Doctrine of Processual Presumption
to Erich Geiling, a German national, in Germany in
In international law, the party who wants to have
1979. The coupled resided in the Philippines. In
foreign law applied to a dispute or case has the
1986, the German husband secured a divorce in a
burden of proving the foreign law. It is incumbent
German court. After more than five months after
upon Ernst to plead and prove that the national law
the divorce decree. Erich, the former husband, filed
of the Netherlands does not impose upon the
complaints for adultery before the City Fiscal of
parents the obligation to support their child.
Manila.
Foreign laws do not prove themselves in our
jurisdiction and our courts are not authorized to
Ruling: The Supreme Court ruled that Erich was no
take judicial notice of them.
longer the husband of Pilapil, he no longer had legal
standing to sue for adultery. Under Art. 344 of the
Since Ernst’s failed to prove the law of the
RPC, the crime of adultery, as well as other crimes
Netherlands, the doctrine of processual
of chastity, can be prosecuted only upon the
presumption applied, assuming Dutch law aligned
complain of the offended spouse.
with Philippine Law.
However, when the foreign law, judgment or
Tenchavez v. Escano
contract is contrary to a sound and established
G.R. No. L-19671
public policy, the said foreign law, judgment or
order shall NOT be applied.
Facts: On February 28, 1948, Vicenta Escario and
Pastor Tenchavez got married in Cebu City before a
Catholic chaplain. They did not, however, live under
the same roof after marriage. On June 24, 1950,
12.2. RENVOI DOCTRINE Illegitimate children opposed the wills on the
ground that they have been deprived of their
Renvoi literally means referring back.
legitimes to which they should be entitled, if
Renvoi doctrine is a procedure whereby a jural Philippine law were to apply.
matter presented is referred by the conflict of laws
rules of the forum to a foreign state, the conflict of Ruling: Said children are not entitled to their
laws rule of which in turn refers the matter back to legitimes for under Texas law (which is the national
the law of the forum (remission) or a third state law of the deceased), there are no legitimes. The
(transmission) (COQUIA) renvoi doctrine cannot be applied. Said doctrine is
usually pertinent where the decedent is a national
Renvoi/Remission Transmission of a country, a domiciliary of another. A provision in
Reference is made back Reference is made a foreigner’s will to the effect that his properties
to the law of forum: to a third state: shall be distributed in accordance with the
involves two (2) laws involves three laws
Philippine law and not with his national law, illegal
and void for his national law, in this regard, cannot
be ignored.
12.3. LEX REI SITAE

ARTICLE 16. Real property as well as personal 12.4. LEX LOCI CELEBRATIONIS
property is subject to the law of the country where
Art. 17. The forms and solemnities of contracts,
it is situated.
wills, and other public instruments shall be
However, inestate and testamentary successions, governed by the laws of the country in which they
both with respect to the order of succession and to are executed.
the amount of successional rights and to the
When the acts referred to are executed before the
intrinsic validity of testamentary provisions, shall
diplomatic or consular officials of the Republic of
be regulated by the national law of the person
the Philippines in a foreign country, the
whose succession is under consideration,
solemnities established by Philippine laws shall be
whatever may be the nature of the property and
observed in their execution.
regardless of the country wherein said property
may be found. Prohibitive laws concerning persons, their acts or
property, and those which have for their object
public order, public policy and good customs shall
CASES
not be rendered ineffective by laws or judgments
Miciano v. Brimo
promulgated, or by determinations or conventions
Facts: An alien testator (Turk) who made his will in
agreed upon in a foreign country.
the Philippines stated in the will that his property
should be distributed in accordance with Philippine
law, and not that of his nation. Is the provision valid?

ANSWER: No, for the Turkish law should govern the

disposition of his property. This is clear under Art.
16.

Bellis vs. Bellis

Facts: Amos G. Bellis was a citizen and resident of
Texas at the time of his death. Before he died, he
made two wills, one disposing of his Texas
properties, the other disposing of his Philippine
properties. In both wills, his recognized illegitimate
children were not given anything. Texas has no
conflict rules governing successional rights.
Furthermore, under Texas law, there are no
compulsory heirs and therefore no legitimes. The