Quiz No. 2 Effect and Application of Laws (Art.

1 18, NCC)
(August 14, 2017)

I
During the pendency of the settlement of the estate of their deceased father, some heirs made a
waiver contained in a compromise constituting a relinquishment of a right to properties owned
by the decedent which were not known.

In contesting the validity of such waiver, it was contended that the same is contrary to morals,
law, and public policy. Is the contention correct? Why?

No, because the assailed waiver pertained to their hereditary right to properties belonging to the
decedents estate which were not included in the inventory of the estates properties. It also
covered their right to other properties originally belonging to their parents which have been
transferred to other persons. In addition, the parties agreed in the compromise to confirm and
ratify said transfers. The waiver is valid because the parties waived a known and existing interest
their hereditary right which was already vested in them by reason of the death of their father.
Article 777 of the Civil Code provides that: The rights to the succession are transmitted from
the moment of death of the decedent. Hence, there is no legal obstacle to an heirs waiver of
his/her hereditary share even if the actual extent of such share is not determined until the
subsequent liquidation of the estate. (De Borja vs. Vda. de De Borja, 46 SCRA 577; Sanchez,
et. al. vs. CA, et. al., G.R. No. 108947, September 29, 1997)

II
Are judicial decisions independent sources of laws? Why?

No. Judicial decisions applying and interpreting laws or the Constitution shall form part of the
legal system of the Philippines (Art. 8, NCC)

They merely establish the contemporaneous legislative intent that the construed laws purport to
carry into effect, forming part of the laws as of the time of their enactment. (Floresca vs. Philex
Mining, L-30642, June 30, 1985).

The decisions referred to are decisions of the Supreme Court.

III
In case of conflict between a law and a rule or regulation that implements it, which shall prevail?
Explain.

If conflict exists between the basic law and a rule or regulation issued to implement it, the basic
law prevails. Said rule or regulation cannot go beyond the terms and provisions of the basic law.
Rules that subvert the statute cannot be sanctioned. Except for constitutional officials who can
trace their competence to act to the fundamental law itself, a public official must locate in the
statute relied upon a grant of power before he can exercise it. Department zeal may not be
permitted to outrun the authority conferred by statute. Tayug Rural Bank vs. Central Bank, G.R.
No. 46158, Nov. 28, 1986; People vs. Lim, 108 Phil. 1091; University of Sto. Tomas vs. Board
of Tax Appeals, 93 Phil. 376; Del Mar vs. Phil. Veterans Administration, 52 SCRA 340; Radio
Communications of the Philippines, Inc. vs. Santiago, 58 SCRA 493).

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 IV
An American citizen, is residing in the Philippines. He committed the crime of murder. Sued for
the same, he interposed the defense that as an American citizen, he cannot be bound by
Philippine law. Is his contention correct? Why?

No. Penal laws and those of public safety and security shall be binding upon those who live and
sojourn in the Philippine territory, subject to the generally accepted principles of international
law and treaty stipulations. (Art. 14, NCC)

V
A, a foreigner is married to B, a Filipino. They begot a child, but A obtained a decree of divorce
from his country and under the divorce decree, A is not obligated to support the child. While in
the Philippines, the child represented by the mother asked for support, but A contended that
pursuant to a divorce decree and his law, he is not obliged to support the child. Is A correct?
Why?

Yes. Under the law, a child is entitled to be supported by the father. However, if the father is a
foreigner and a divorce decree has been rendered where under the law of the father, he is not
obliged to support the child, then, the obligation ceases to exist. The contention that under Art,
195 of the Family Code, he is obliged to give support notwithstanding the divorce decree is not
quite correct because of the nationality principle (Art. 15, NCC). Insofar as Philippine laws are
concerned, specifically the provisions of the Family Code on support, the same only applies to
Filipino citizens. By analogy, the same principle applies to foreigners such that they are
governed by their national law with respect to family rights and duties 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. (Art. 15, NCC).

The obligation to give support to a child is a matter that falls under family rights and duties.
Since the respondent is a citizen of Holland or the Netherlands, the lower court was correct that
he is subject to the laws of his country, not to Philippine law, as to whether he is obliged to give
support to his child, as well as the consequences of his failure to do so. (Norma A. Del Socorro
vs. Ernest Johan Brinkman Van Wilsen, G.R. No. 193707, December 10, 2014).

In Vivo vs. Cloribel, G.R. No. L-25411, October 26, 1968, 25 SCRA 616, it was said that being
still aliens, they are not in position to invoke the provisions of the Civil Code of the Philippines,
for that Code cleaves to the principle that family rights and duties are governed by their personal
law, i.e., the laws of the nation to which they belong even when staying in a foreign country.
(Civil Code, Art. 15; Norma A. Del Socorro vs. Ernest Johan Brinkman Van Wilsen, G.R. No.
193707, December 10, 2014, Peralta, J.)

VI
Why is that the foreign law which does not oblige the father to support his child cannot be made
to apply in the Philippines? Explain.

It is so because when the foreign law, judgment or contract is contrary to a sound and established
public policy of the forum, the said foreign law, judgment or order shall not be applied. (Bank of
America, NT and SA vs. American Realty Corporation, 378 Phil. 1279[1999]).

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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.

Moreover, foreign law should not be applied when its application would work undeniable
injustice to the citizens or residents of the forum. To give justice is the most important function
of law; hence, a law, or judgment or contract that is obviously unjust negates the fundamental
principles of Conflict of Laws.

Applying the foregoing, even if the laws of the Netherlands neither enforce a parents obligation
to support his child nor penalize the non-compliance therewith, such obligation is still duly
enforceable in the Philippines because it would be of great injustice to the child to be denied of
financial support when the latter is entitled thereto. (Norma A. Del Socorro vs. Ernest Johan
Brinkman Van Wilsen, G.R. No. 193707, December 10, 2014).

VII
What are the aspects of succession which are governed by the law of the country of the
decedent?

They are the following: 1) the order of succession; 2) amount of successional rights; 3) intrinsic
validity of the will; and 4) the capacity to succeed. (Art. 16 in relation to Art. 1039, NCC).

VIII
A, a Filipino citizen, is residing in the United States. He left properties in the Philippines. He has
five children with his wife, B. He executed a last will and testament instituting his only son as his
sole heir. At the probate of the will, the other compulsory heirs objected on the ground of
preterition. C, the proponent of the probate contended that under the law of the place where A
was residing, he was allowed to give all his estate to only one of his children. Decide.

If I were the judge, I would deny the probate of the will because under the nationality theory, the
order of succession, the amount of successional rights, the intrinsic validity of the will, and the
capacity to succeed shall be governed by the national law of the person whose succession is
under consideration. Since A had five children, and he instituted only one of them, the will is
intrinsically void because he preterited his other compulsory heirs.

IX
Amos G. Bellis was a citizen and resident of Texas at the time of his death. Before he died, he
made two wills, one disposing of his Texas properties, the other disposing of his Philippine
properties. In both wills, his recognized illegitimate children were not given anything. Texas has
no conflicts rule governing successional rights. Furthermore, under Texas Law, there are no
compulsory heirs and therefore no legitimes. The illegitimate children opposed the wills on the
ground that they had been deprived of their legitimes to which they should be entitled, if
Philippine law were to apply. Are they entitled to their legitimes? Explain.

Said children are not entitled to their legitimes for under Texas law (which is the national law of
the deceased), there are no legitimes. The renvoi doctime cannot be applied. Said doctrine is
usually pertinent where the decedent is a national law of one country and a domiciliary of
another. A provision in a foreigners will to the effect that his properties shall be distributed in
accordance with Philippine law and not with his national law is illegal and void, for his national
law, in this regard, cannot be ignored. (Bellis vs. Bellis, 20 SCRA 358).
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Note: Under Article 16, NCC, the order of succession, the amount of successional rights, and the
intrinsic validity of the will shall be governed by the national law of the person whose succession
is under consideration. Under Art. 1039, NCC, the capacity to succeed shall be governed by the
national law of the decedent. (Quita vs. Dandan, G.R. No. 124862, December 22, 1998).

X
The plaintiffs bought airline tickets in the Philippines from the defendant. All flights had been
confirmed by the defendant airline. The tickets were to be used in the USA. But when they used
the same, they were not allowed to board the plane as they had no designated seat. They were
asked to go back to the check-in counter and were informed that there was overbooking and told
to wait. They were left behind. In their complaint, they alleged that they were treated with harsh
language, and prayed for moral damages. The RTC dismissed the case but the CA reversed and
awarded damages, moral and exemplary damages, but applied the laws of USA. Is US law
applicable in this action for damages? Explain.

No, because Philippine law should apply. Although the contract of carriage was to be performed
in the USA, the tickets were purchased, through defendants agent in Manila. It is true that
tickets were rewritten in Washington, D.C. However, such fact did not change the nature of the
original contract of carriage entered into by the parties in Manila.

The doctrine of lex loci contractus applies in this case. According to this doctrine, as a general
rule, the law of the place where the contract is made or entered into governs with respect to its
nature and validity, obligation and interpretation. This has been said to be the rule even though
the place where the contract was made is different from the place where it is to be performed,
and particularly so, if the place of the making and the place of performance are the same. Hence,
the court should apply the law of the place where the airline ticket was issued, when the
passengers are residents and nationals of the forum and the ticket is issued in such State by the
defendant airline. (United Airlines, Inc. vs. CA, et. al., G.R. No. 124110, April 20, 2001;
Zalamea vs. CA, 278 SCRA 23).

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