Welcome back, kapatid to our on-going series on Persons and Family Relations. In our last lesson, we began with the Conflict of Laws provisions of the Civil Code of the Philippines. We learned about Article 14 and the principle of generality and the principle of territoriality.
We learned that our penal laws, our laws on public security and safety are binding not only to Filipinos who are living in the Philippines, but to everyone else who is staying here, even temporarily. We also learned about the exceptions to these principles – for instances when crimes committed abroad may be prosecuted here, or those who commit crimes here, but may not be prosecuted here. In case you missed it, I’ll be leaving a link to that in the description down below.
Today, we’re looking at Article 15 of the Civil Code, which provides that, “Laws relating to family rights and duties, or to the status, condition and legal capacity of persons are binding upon citizens of the Philippines, even though living abroad.”
Article 15 of the Civil Code contains the nationality principle under Conflict of Laws. By the end of today’s lesson, we should be able to:
1. Define family rights and duties and their sources
2. Distinguish between status, condition and legal capacity
3. Correctly identify the applicable law, given a Conflict of Law situation.
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SHOW NOTES:
1. Follow the first parts of INTRODUCTION TO PERSONS here: [ Ссылка ]-_
2. Read the case of Norma del Socorro vs. Ernst Johan Brinkman Van Wilsem here: [ Ссылка ]
3. Read the case of Romualdez vs. Regional Trial Court here: [ Ссылка ]
4. Must-read cases under Article 26 of the Family Code:
a. Van Dorn vs. Romillo [ Ссылка ]
b. Garcia vs. Recio [ Ссылка ]
c. Republic vs. Orbecido [ Ссылка ]
d. Bayot vs. Court of Appeals [ Ссылка ]
e. In re: Petition for judicial recognition of divorce between Minuro Takahashi and Juliet Rendora Moraña Vs. Republic of the Philippines [ Ссылка ]
5. Take the short quiz here: [ Ссылка ]
6. Special announcements will be posted here: [ Ссылка ]
