Case Doctrines Flashcards
VAN DORN VS. ROMILLO JR.
Is it true that owing to the nationality principle embodied in Article 15 of the Civil Code, only
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Philippine nationals are covered by the policy against absolute divorces the same being considered contrary to our concept of public policy and morality. However, aliens may obtain divorces abroad, which may be recognized in the Philippines, provided they are valid according to their national law. In this case, the divorce in Nevada released private respondent from the marriage from the standards of American Law, under which divorce dissolves the marriage.
Thus, pursuant to his national law, private respondent is no longer the husband petitioner. He would have no standing to sue in the case below as petitioner‘s husband entitled to exercise control over conjugal assets. As he is bound by the decision of his own country‘s court, which validly exercised jurisdiction over him, and whose decision he does not repudiate, he is stopped by his own representation before said court from asserting his right over the alleged conjugal property.
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PILAPIL vs. HON. IBAY-SOMERA
No. The fact that private respondent obtained a valid divorce in his country, the Federal
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Republic of Germany, is admitted. Said divorce and its legal effects may be recognized in the Philippines insofar as private respondent is concerned in view of the nationality principle in our civil law on the matter of status of persons Under the same considerations and rationale, private respondent, being no longer the husband of petitioner, had no legal standing to commence the adultery case under the imposture that he was the offended spouse at the time he filed suit.
It is true that owing to the nationality principle embodied in Article 15 of the Civil Code, only Philippine nationals are covered by the policy against absolute divorces the same being considered contrary to our concept of public policy and morality. However, aliens may obtain divorces abroad, which may be recognized in the Philippines, provided they are valid according to their national law. … Thus, pursuant to his national law, private respondent is no longer the husband of petitioner. He would have no standing to sue in the case below as petitioner’s husband entitled to exercise control over conjugal assets.
Loren versus Lorentz
In Van Dorn vs Ramillo Jr. the Supreme Court held that owing to the nationality principle
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embodied in Article 15 of the Civil Code, only Philippine nationals are covered by the policy against absolute divorce. In the same case, the Court ruled that aliens may obtain divorce abroad provided that they are valid according to their national law. The Supreme Court held that divorce obtained by Lorenzo from his first wife Paula was valid and recognized in this jurisdiction as a matter of comity.
Whether or not the Philippine courts can determine the legal effects of a decree of divorce from a
foreign country.
Yes. Our courts can determine the legal effects of a divorce obtained from a foreign country such
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as those concerning with support and custody of the children. In this case, the decree did not touch as to who the offending spouse was. The trial court was correct in setting the issue for hearing to determine the issue of parental custody, care, support and education of the best interests of the children. After all, the child‘s welfare is always the paramount consideration in all questions concerning his care and custody.
Bellies vs Bellis. Which law must apply in executing the will of the deceased – Texas Law or Philippine Law?
The said illegitimate children are not entitled to their legitimes under the Texas Law(which is
ART.16 Real property as well as personal property is subject to the law of the country to where it is situated. However, intestate and testamentary successions, both with respect to the order of successions 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.
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the national law of the deceased), here are no legitimes. The renvoi doctrinecannot be applied. Said doctrine is usually pertinent where the decedent is a national of one country ad a domiciliary of another. In the said case, it is not disputed that the deceased was both a national of Texas and a domicile thereof at the time of his death.
Article 16, Paragraph 2 of Civil code render applicable the national law of the decedent, in intestate and testamentary successions, with regard to four items: (a) the order of succession, (b) the amount of successional rights, (c) the intrinsic validity of provisions of will, and (d) the capacity to succeed.
Whether there is indeed cause for the damages against Albenson Enterprise.
a p e r s o n w h o h a s n o t b e e n p a i d a n o b l i g a t i o n o w e d t o h i m w i l l n a t u r a l l y s e e k w a y s t o compel the debtor to pay him. It was normal for petitioners to find means to make the issuer o f t h e c h ec k p a y t h e a mo u n t t h e re o f . In t h e a b s e n c e o f a wr o n gf u l a c t o r o mi s s i o n o r o f f r a u d o r b a d f a i t h , mo r a l d a ma ge s c a n n o t b e a wa r d e d a n d t h a t t h e a d ve r s e r e s u l t o f a n a c t i o n d o e s n ot p e r s e ma ke t h e a c t i o n wr o n gf u l a n d s u b j e c t t h e a c t o r t o t h e p a y me n t of damages, for the law could not have meant to impose a penalty on the right to litigate
The proper exercise of a lawful right cannot constitute a legal wrong for which an action will lie, although the act may result in damage to another, for no legal right has been invaded. One may use any lawful means to accomplish a lawful purpose and though the means adopted may cause damage to another, no cause of action arises in the latter’s favor. An injury or damage occasioned thereby is damnum absque injuria. The courts can give no redress for hardship to an individual resulting from action reasonably calculated to achieve a lawful means.
