Binding Effect Flashcards
Article 14. NCC
ART. 14. NCC. Penal laws and those of public safety shall be obligatory upon all who live or sojourn in Philippine territory, subject to the principles of public international law and to treaty stipulations.
Article 15. NCC
ART. 15. NCC. 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. (9a)
Article 16. NCC
ART. 16. NCC. Real property as well as personal property is subject to the law of the country where it is situated.
However, 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. (10a)
Article 17. NCC
ART. 17. NCC. The 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 Republic of the Philippines in a foreign country, the solemnities established by Philippine laws shall be observed in their execution.
Prohibitive laws concerning persons, their acts or property, and those which have for their object public order, public policy and good customs shall not be rendered ineffective by laws or judgments promulgated, or by determinations or conventions agreed upon in a foreign country. (11a)
Article 18. NCC
ART. 18. NCC. In matters which are governed by the Code of Commerce and special laws, their deficiency shall be supplied by the provisions of this Code. (16a)
ART. 14. NCC. Penal laws and those of _____ shall be obligatory upon all who ______ in Philippine territory, subject to the principles of _______ and to _______.
ART. 14. NCC. Penal laws and those of public safety shall be obligatory upon all who live or sojourn in Philippine territory, subject to the principles of public international law and to treaty stipulations.
ART. 14. NCC. ____________ shall be ____ upon ____________ in _______, ______ to the ______ of ________ and to _____________.
ART. 14. NCC. Penal laws and those of public safety shall be obligatory upon all who live or sojourn in Philippine territory, subject to the principles of public international law and to treaty stipulations.
ART. 15. NCC. Laws relating to _____ and ______, or to the ___, ___ and ______ of persons are binding upon citizens of the Philippines, ______ ______ ______ ______. (9a)
ART. 15. NCC. 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. (9a)
ART. 16. NCC. _________ as well as _________ is subject to the law of the country where it is _________.
However, _________ and _________, 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 ___________________________, whatever may be the nature of the property and regardless of the country wherein said property may be found. (10a)
ART. 16. NCC. Real property as well as personal property is subject to the law of the country where it is situated.
However, 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. (10a)
ART. 17 (1) NCC. The forms and solemnities of _______, _______, and ______________ shall be governed by the laws of _____________________.
ART. 17 (1) NCC The forms and solemnities of contracts, wills, and other public instruments shall be governed by the laws of the country in which they are executed.
ART. 17 (2) NCC. When the acts referred to are ________________ of the Republic of the Philippines in a foreign country, the ________ established by Philippine laws shall be ______________.
ART. 17 (2) NCC. When the acts referred to are executed before the diplomatic or consular officials of the Republic of the Philippines in a foreign country, the solemnities established by Philippine laws shall be observed in their execution.
ART. 17 (3) NCC. ______ laws concerning ______, their acts or ______, and those which have for their object ______, ______ and ______ shall not be rendered ineffective by laws or ______ promulgated, or by determinations or ______ agreed upon in a ______. (11a)
ART. 17 (3) NCC. Prohibitive laws concerning persons, their acts or property, and those which have for their object public order, public policy and good customs shall not be rendered ineffective by laws or judgments promulgated, or by determinations or conventions agreed upon in a foreign country. (11a)
ART. 18. NCC. In matters which are governed by the ______________, their deficiency shall be supplied by the provisions of ___________. (16a)
ART. 18. NCC. In matters which are governed by the Code of Commerce and special laws, their deficiency shall be supplied by the provisions of this Code. (16a)
In the case of Pilapil v Somera, did the Court allow the German husband to file charges of adultery against the Filipina wife? Why or why not?
No, the Court did not allow the German husband to file charges of adultery against the Filipina wife because they have already obtained an absolute divorce decree from Germany. Since the divorce decree was recognized in the Philippines, the husband was no longer the spouse. Charges of adultery require an offended spouse to file the complaint. Since, the husband was no longer the spouse because of the divorce, there can be no complaint of adultery.
What principle did the courts apply to recognize divorces between Filipino-foreigner couples?
The courts applied the nationality principle to recognize divorce decrees for Filipino-foreign couples. The nationality principles provides that divorce decrees obtained abroad for Filipino-foreigner couple may be recognized in the Philippines provided that the divorce decrees are valid within the national laws of the foreigner.
