Civil_Code_of_the_Philippines_Conflicts_of_Law_Provisions,_Arts._14_,15,_16,_17,_and_18.pdf - Civil Code of the Philippines Conflicts of Law Provisions

Civil_Code_of_the_Philippines_Conflicts_of_Law_Provisions,_Arts._14_,15,_16,_17,_and_18.pdf

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Print Civil Code of the Philippines: Conflicts of Law Provisions, Arts. 14 ,15, 16, 17, and 18 Category: Civil Code Of the Philippines Published: Monday, 13 February 2017 15:24 Written by attykalibre Hits: 1315 Art. 14. Penal laws and those of public security and safety shall be obligatory upon all who live or sojourn in the Philippine territory, subject to the principles of public international law and to treaty stipulations. Two principles: 1. Territoriality General Rule: Criminal laws apply only in Philippine territory. Exception: Article 2, Revised Penal Code. 2. Generality General Rule: Criminal laws apply to everyone in the territory (citizens and aliens) Exceptions: In these instances, all the Philippines can do is expel them a. Treaty stipulations which exempt some persons within the jurisdiction of Philippine courts (e.g., Bases Agreement) b. Heads of State and Ambassadors (Note: Consuls are subject to the jurisdiction of our criminal courts.) Art. 15. 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. Theories on Personal Law: 1. Domiciliary theory - the personal laws of a person are determined by his domicile 2. Nationality theory - the nationality or citizenship determines the personal laws
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of the individual Under Article 15, the Philippines follows the nationality theory. Family rights and duties, status and legal capacity of Filipinos are governed by Philippine law.
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