ANSWERS:

1)
a. The validity of the contract will be governed by the personal law of the persons who created the
contract. Since the Philippines follow the nationality theory, the same will govern the contract.
b. The performance of the contract will be governed also by the personal law of the contracting
parties.
c. Following lex situs or lex re sitae, the consideration of the contract is governed by the law of the
place where the real property is situated. In this case, the United States.
2)
1. It is Japan law which will govern Juans capacity to contract marriage in Japan. We follow the rule
of lex celebrationis which means that if the marriage is valid in the country of celebration, it is also valid
in the Philippines, except:
a. Either or both parties did not have the legal capacity to get married.
b. The marriage is immoral for being bigamous or polygamous.
c. Consent of one party is lacking because of mistake as to the identity of the other.
d. One of the parties was psychologically incapacitated at the time of the marriage to comply
with the essential marital obligations.
e. The marriage is incestuous.
f. The marriage is void by reason of public policy.
2. The successional rights as regards to the property located in Texas, USA by his Filipino father is
governed by the national law of the deceased, in this case, the Philippines.
3. The extrinsic validity of the will may comply with the formalities of Philippine law (lex nationalii)
or the lex celebrationis (the law of the place where the deceased was at the time of the execution of the
will.)
4. The intrinsic validity of the will is determined by the lex nationalii of the deceased in countries
that follow the nationality theory. In this case, the Philippines.



3)
a. The divorce secured by Felipe in California is not recognizable and also not valid in the
Philippines because our law does not allow divorce and Filipinos are governed by Philippine law
wherever they go as to their status and capacity.
b. The formalities of the will may be governed by the Philippine law or the law of the place
where the deceased was at the time of the execution of the will.
c. The intrinsic validity of the law should be governed by the lex nationalii of the deceased since
Philippines follows the nationality theory.

4)
1. The suit will prosper. Otherwise, the national law or the domicile law of Francis Albert in
determining his capacity to contract would require ABC Corporation of Manila to first ascertain what his
personal law is, sometimes with great difficulty, such that business transactions with aliens would be
greatly impeded.
2. The basis of liability is enticing Francis Albert by offering more advantageous terms.

5)
a. Yes, Jane can inherit part of the properties of Jacob under Philippine law. Article 176 of the
Family Code provides that illegitimate children shall have the right to the legitime , which is one-half of
the legitime of the legitimate child.
b. Yes, such disposition is valid. She is entitled to the legitime and other successional rights
granted by law to legitimate children if she has been legitimated.

6)
No. The claim is not correct. The validity of contracts is determined by the law of the place of
incorporation and by the law of the place of performance. Furthermore, the basis would be the contract
which was approved by POEA which designed the employment of Alma as a domestic helper in
Hongkong.



7)
a. Yes, the marriage of Maris and Johnson is valid. Under Article 26 of the Family Code, all
marriages outside the Philippines in accordance with the laws in force in the country where they were
solemnized and valid there as such, shall also be valid in the Philippines with certain exceptions.
b. Yes, their marriage still validly exists for the reason that the absolute divorce was filed in
Nevada and not in Tokyo where the marriage was celebrated.
8)
The marriage or Jane and Gene will also be annullable in the Philippines on the ground of
sterility even if sterility is not a ground for annulment under the Family Code. Filipinos who get married
abroad follow the rule of lex loci celebrationis. Hence, Gene is free to marry his former girlfriend.

9)
a. Yes, the marriage of Mario and Juana is not valid. Since Mario and Clara were granted US
citizenship, their new national law will govern their personal relations. Mario was able to secure a
decree of divorce in Reno against Clara, hence, his subsequent with Juana is valid.

b. No. Renvoi will not apply to this case as Mario is now a US citizen, hence, his new national law
will now govern his personal relations.

10)
Domiciliary theory applies whereby the status, condition, family rights and obligations, and
capacity of a person are governed by the law of his domicile or the lex domicile. While nationality theory
applies where a person is governed by his national law. Domiciliary theory is not followed in the
Philippines but it is the nationality theory which is governing.