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    Nationality Law (Article 15)

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    Lourleth Caraballa Lluz
    This document discusses several conflict of laws principles under Philippine law: 1. Nationality is determined at birth based on physical examination of genitals, and cannot be changed by sex reassignment surgery as there is no law recognizing this. 2. Philippine courts may refuse to apply foreign laws that would cause injustice to a citizen or be contrary to public policy, such as same-sex marriage involving a Filipino. 3. Matters concerning real property are governed by the law of where the property is situated (lex rei sitae), except for order of succession, successional rights, and validity of wills.

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    Nationality Law (Article 15)

    Uploaded by

    Lourleth Caraballa Lluz
    105 views2 pages
    This document discusses several conflict of laws principles under Philippine law: 1. Nationality is determined at birth based on physical examination of genitals, and cannot be changed by sex reassignment surgery as there is no law recognizing this. 2. Philippine courts may refuse to apply foreign laws that would cause injustice to a citizen or be contrary to public policy, such as same-sex marriage involving a Filipino. 3. Matters concerning real property are governed by the law of where the property is situated (lex rei sitae), except for order of succession, successional rights, and validity of wills.

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    This document discusses several conflict of laws principles under Philippine law: 1. Nationality is determined at birth based on physical examination of genitals, and cannot be changed by sex reassignment surgery as there is no law recognizing this. 2. Philippine courts may refuse to apply foreign laws that would cause injustice to a citizen or be contrary to public policy, such as same-sex marriage involving a Filipino. 3. Matters concerning real property are governed by the law of where the property is situated (lex rei sitae), except for order of succession, successional rights, and validity of wills.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    105 views2 pages

    Nationality Law (Article 15)

    Uploaded by

    Lourleth Caraballa Lluz
    This document discusses several conflict of laws principles under Philippine law: 1. Nationality is determined at birth based on physical examination of genitals, and cannot be changed by sex reassignment surgery as there is no law recognizing this. 2. Philippine courts may refuse to apply foreign laws that would cause injustice to a citizen or be contrary to public policy, such as same-sex marriage involving a Filipino. 3. Matters concerning real property are governed by the law of where the property is situated (lex rei sitae), except for order of succession, successional rights, and validity of wills.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
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    of 2

    Nationality Law (Article 15)

    Silverio vs Republic
    PFR The sex of a Filipino is determined at the time of
    Article 2 birth as determined by the birth attendant by the
    physical examination of the genitals.
    1. The law may not provide for its effectivity
    - Apply the 15-period It cannot be changed by sex reassignment surgery.
    - 16th day – effectivity period of the law There is no law recognizing such.
    2. The law provides Forum may refuse to apply foreign in the ff
    - Subject to the requirement of instances:
    publication (due process)
    1. Cause injustice to a citizen
    Tanada vs Tuvera 2. Contrary to well-established public policy
    Congress may change the 15 day period
    only. They cannot dispense publication.
    *Same sex marriage between a Filipino and a
    foreigner will still not be recognized here in the
    3. Immediately effective upon approval Philippine because it affects a Filipino citizen
    - From its complete publication (La
    buglaan case)
    Lex Rei Sitae (Article 16)
    Properties – apply the law where it is situated
    Article 3
    In all matters concerning real property, it shall be
    Processual Presumption governed by lex rei sitae even if the issue is only
    - The foreign law must be especially the capacity of persons to acquire property.
    allege and proven, otherwise, the courts LRS does not apply:
    will presume that the foreign law is the
    same as the internal law. 1. Order of succession
    2. Amount of successional rights
    Article 13 NCC vs Administrative Code 3. Intrinsic validity of the will
    Article 13 4. Capacity to succeed

    - A year = 365 days


    Admin Code Article 17 par 1

    - A year = 12 calendar months, actual Extrinsic validity of wills, contracts, and other
    number of days immaterial public instruments is governed by the law where it
    is executed.
    CIR vs Primtown
    *The NCC does not provide for the intrinsic validity
    Implied repeal of the Article 13 NCC by the Admin of contracts. Look at jurisprudence
    Code
    Lex contractus – proper law of the contract
    1. The law agreed upon by the parties
    Conflict of Law Rules
    2. In the absence of agreement, the law
    intended by the parties.

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