Ebony and Ivory

A. Status/Legal Capacity
All Filipinos are governed by their national law on matters regarding family rights and duties,
status, condition and legal capacity regardless of whether they are in the Philippines or abroad.

B. Property (Lex Rae Sitae)

Law of the land where the real property is situated

C. Wills and Successions

However, testamentary and intestate successions shall be regulated by the national law of the
person whose succession is under consideration.

D. Forms and Solemnities of Contracts

law of the land where the marriage was celebrated

Extrinsic validity Lex Loci Celebrationis law of the place where the contract was executed
Intrinsic Validity nature, content, effects of agreement

E. Primacy of local/domestic law over foreign law

F. The Doctrine of Processual Presumption

The presumption that in the absence of proof, the foreign law is the same as the law of the
forum.

G. The problem of RENVOI

RENVOI is a legal doctrine that applies when there is a conflict in laws and must consider the law
of another state, referred to as Private International Law.
Arises when there is a doubt as to whether a reference in our law to a foreign law.

Renvoi is a French term which is commonly used in conflict of laws. It refers the application of
rules of one state by the court or tribunal of another in order to solve a conflict of laws problem.

international football

Mea Culpa, Mea Maxima Culpa

A. Principle of Abuse of Rights

Acts performed which are not illegal but nevertheless make the actor liable for damages. If in so
exercising this right, his purpose is to prejudice or injure another. The absence of good faith is
essential in abuse of rights of others.

Elements:
 1. There is a legal right or duty
2. Exercised in bad faith
3. For the sole intent of prejudicing or injuring another

B. The Doctrine of Damnum Absque Injuria (Damage without injury)

An act that causes damage of loss to another but does not injure them, thus the latter may not
be able to take legal action.

Loss, hurt or harm without injury in the legal sense, that is, without invasion of eights as is
redressible by an action

C. Principle of Unjust Enrichment

When a person unjustly retains a benefit to the loss of another
When a person retains money or property of another against the fundamental principles of
justice, equity and good conscience

Objective: to prevent one from enriching himself at the expense of another without just
consideration.

Condition:
1. The person is benefitted without a valid basis of justification
2. That such benefit is derived at the expense of another

D. Principle against Double Recovery and unjust enrichment

It is called Double Recovery when a party attempts to recover damages twice when the other
party has already been acquitted the first time.

E. Prejudicial questions
Def.
One which must be decided first before a criminal action may be instituted or may proceed
because a decision therein is vital to the judgement of a criminal case.

A question that arises from a civil action which is similarly connected to the criminal action, such
that the resolution of the issue of the civil actions determinative of whether or not to process
with the criminal action

Requisites:
1. The civil action involves an issue similar or intimately related to the issue to raise in the
criminal action
2. The resolution of such issue determines whether or not the criminal action may proceed
3. Said question must be lodged in another tribunal