FACTS : Gabriel Fuster and Constanza Yañez were joined in a Catholic or canonical marriage in the city of Malaga, Spain.On April, 1899, they made an agreement in a public document, by which they "resolved to separate and live apart. Then, Constanza commenced divorce proceedings against her husband alleging his adultery. She prayed that she be granted a divorce that the conjugal society be liquidated that her share be adjudicated to her and payment of support be
ordered. The court then decreed the suspension of life in common between plaintiff and defendant, ordered payment of support and directed plaintiff and defendant that the communal property be divided. Both parties appealed in which both appeals have one common issue relating to the alleged dowry brought into the marriage by the wife in the amount of 30,000 spanish dollars in which Constanza as paraphernal.
ISSUE : W/N Phil courts may take cognizance of the case to decree the divorce on appeal.
HELD : Yes. In the present action for divorce the Court of First Instance, Manila did not lack jurisdiction over the persons of the litigants, for, although Spanish Catholic subjects, they were residents of this city and had their domicile herein. Foreign Catholics domiciled in Spain, subject to the ecclesiastical courts in actions for divorce according to the said article 80 of the Civil Code, could not allege lack of jurisdiction by invoking, as the law of their personal statute, a law of their nation which gives jurisdiction in such a case to territorial courts, or to a certain court within or without the territory of their nation.
The Courts of First Instance of the Philippine Islands have the power and jurisdiction to try actions for divorce and have the authority to decide on questions concerning foreigners’ status by applying their national law.
FACTUAL SITUATION POINT OF CONTACT
Beginning of personality of natural
persons National Law of the Child (Art. 15, of
the Civil Code)
Ways and effect of emancipation National Law (Art. 15, of the CC)
Age of majority National Law (Art. 15
Use of names and surnames National Law (Art. 15 Use of titles of nobility National Law (Art. 15
Absence National Law (Art. 15
Presumptions of death and survivorship Lex fori (Arts. 43, 390, 391, CC; Rule 131, Sec. 5 (jj), Rules of Court
C. BEGINNING AND END OF PERSONALITY
• The determination of the exact moment personality begins is referred to the individual’s personal law. Articles 40 and 41 of our Civil Code give our internal rules on the beginning of human personality.
Article 40. Birth determines personality; but the conceived child shall be considered born for all purposes that are favorable to it, provided it be born later with the conditions specified in the following article. (29a)
Article 41. For civil purposes, the foetus is considered born if it is alive at the time it is completely delivered from the mother's womb. However, if the foetus had an intra-uterine life of less than seven months, it is not deemed born if it dies within twenty-four hours after its complete delivery from the maternal womb. (30a)
• As civil personality is commenced at birth, it is extinguished by death. Under the principle of personal law, a declaration of death issued by a competent court is considered valid for all purposes. Upon the death of a person, some of his rights and obligations are totally extinguished while others are passed on to his successors.
D. ABSENCE
• The domestic law of different countries do not treat absentees alike and this has given rise to difficult problems in conflict of laws. There are three suggested ways of dealing with the problem: first, there is a rebuttable presumption that a person is dead when he has been absent for a number of years; second, a person’s unexplained absence is judicially investigated and established which results in legal effects similar to those of death; and third, a judicial decree shall have to be issued declaring the person dead before legal effects of death take place.
• Philippine laws follow the rebuttable presumption of the common law. Our Civil Code states:
Article 390. After an absence of seven years, it being unknown whether or not the absentee still lives, he shall be presumed dead for all purposes, except for those of succession.
The absentee shall not be presumed dead for the purpose of opening his succession till after an absence of ten years. If he disappeared after the age of seventy-five years, an absence of five years shall be sufficient in order that his succession may be opened. (n)
Article 391. The following shall be presumed dead for all purposes, including the division of the estate among the heirs:
(1) A person on board a vessel lost during a sea voyage, or an aeroplane which is missing, who has not been heard of for four years since the loss of the vessel or aeroplane;
(2) A person in the armed forces who has taken part in war, and has been missing for four years;
(3) A person who has been in danger of death under other circumstances and his existence has not been known for four years. (n)
• However, for specific purposes, our laws require that a declaration of death be issued before certain legal effects of death arise. For instance, article 41 of the Family Code requires that for the purpose of contracting a subsequent marriage, the spouse presnt must first institute a summary proceeding for the declaration of presumptive death of the absentee spouse without which the subsequent marriage is void ab initio.
E. NAME
• The law expressly states that “no person can change his name or surname without judicial authority.” Case law shows the courts have allowed petitions on grounds that the name 1) is ridiculous or tainted with dishonour or extremely difficult to pronounce; or 2) when the change is necessary to avoid confusion; 3) when the right to a new name is a consequence of a change in status; 4) a sincere desire to adopt a Filipino name to erase signs of a former alien nationality which unduly hamper social and business life.
F. AGE OF MAJORITY
• The legal disability attached to minority and rights recognized upn attainment of the age of majority are aspects of personal status. It is the individual’s personal law which determines whether he has reached the age of majority. Once emancipated, parental authority over the person and property of the child is terminated and he is qualified and responsible all acts of civil life save the exceptions established by existing laws in special cases, such as the parent’s continued observance of their responsibilities under article 46 of P.D. 603.
• Likewise, although Republic Act No. 6809 lowered the age of majority to 18 years from 21 years, it expressly stated that parental consent for contracting marriage is required until the age of twenty-one.
G. CAPACITY
• A person’s ability to act with legal effects is governed by his personal law. One’s personal law is viewed as best qualified to decide what restrictions should be imposed on the individual. Rules on capacity of an individual to bind himself
INSULAR GOV’T. V. FRANK 13 Phil 236 (1909)
FACTS : Mr. Frank an American citizen entered into a contract with the Phil. gov’t to serve as a stenographer for a period of two years. He only serve for six months hence petitioner filed a suit against him. Mr. Frank alleged that he was under Phil. law a minor at the time the contract was entered into and was therefore not responsible under the law. However, it was disclosed that the contract was entered into in USA in which Frank was considered an adult.
ISSUE : Whether or not Mr. Frank be held liable.
HELD : He should be held liable, because his capacity to enter into a contract should be governed by his national law.