CIVIL Law CONFLICT of LAWS Dean JS Bisquera BAR Revew

Описание: Dean JS Bisquera on CONFLICT of LAWS where Philippine Courts have the option to apply Foreign Law on Issue(s) before them with a Foreign component (Person, Place) involved in the controversy. Philippine CONFLICTS Law allow the Court(s) guideline on the propriety of adopting Foreign Law into their judicial undertaking, consistent with the requisites of Philippine CONFLICTs Law in the CIVIL CODE invoking the NATIONALITY Theory under Article 15 in determining family rights & duties and a Person's Civil Status, Condition and Legal Capacity founded on the principle that a Filipino citizen brings with him said status and capacity wherever he goes even abroad, that Succession as to the Order of Succession, the amount of successional rights and the intrinsic validity of his testamentary disposition shall be govern by his National Law, whether as a Filipino or as a Foreigner. Prohibitive laws of Filipinos under the Nationality Theory binds him regardless of what other States were to provided when its concerns his person or property or when said Prohibitive Laws are to maintain public order, public policy and good customs. The extrinsic validity of contracts, Will and other Public Instruments are recognized in the Philippine Conflicts Law Article 17 (1) are being valid when they conform with the law(s) of the country where they were executed under the Doctrine of Lex Loci Celebracionis. The Doctrine of Lex Situs, another Philippine Conflicts Law, view Real and Personal Properties as subject to the Law of the country where they are stipulated.
Dean JS Bisquera highlights that there are several areas where Foreign Law, when invoke before Philippine Courts, may be in direct conflict with Philippine Domestic Law concerning Citizenship, Monogamous versus Polygamous marriages, Prohibited Marriages under the Philippine FAMILY Code, Same Sex marriages, Marriage of Dead Partner(s), Divorce and Last Will and Testament. Interesting is the reference to the recognition of Foreign Divorce in the Philippines by virtue of the courage of our Filipinas Juliet Morana (2019), Rhodora Racho (2018), Ramerlyn Manalo (2018) and Imelda Pilapil (1989).
The matter of determining Citizenship due to the difference in a State's adherence to Jus Sanguinis versus Jus Soli is brought up, notably making the Gabby Lopez Citizenship issue as the framework of analysis.
The extrinsic validity of documents legally executed and deemed valid under the Doctrine of Lex Loci Celebracionis is compared against the potential Legal bottleneck versus the intrinsic validity of said documents in the light of the Nationality Theory.
Conflict of Laws in his Upload is further amplified in the next presentation of the Domicillary Theory and the interesteint RENVOI Doctrine.

These discussions on the CONFLICT of LAWS is fondly and sentimentally dedicated by Dean JS Bisquera to his 1st Law/Political Science Professor when he was barely 16 years old and who was LAW Dean and mentor in Conflict of Law, the recognized authority in International Law, a BAR Reviewer and esteemed LAW Professor, Dean Celedonio Tiongson.