Art. 15 Chapter I of the Civil Code of the Philippines

ARTICLE 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. (9a)

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Explanation/Discussion:

(1)   Status defined

The status of person in civil law includes personal qualities and relations, more or less permanent in nature, and not ordinarily terminable at his own will, such as his being married or not, or his being legitimate or illegitimate.

(2)   Scope of art.15 ( nationality principle )

Article 15 refers to:

a.       Family rights and duties ( including parental authority, marital authority, support )

b.      Status

c.       Condition

d.      Legal capacity (but there are various exceptions to this rule on legal capacity).

(3)   Applicability of art. 15

Article 15 which is a rule of private international law (or a conflicts rule, containing as it does a reference to a foreign element, such as a foreign country) stresses the principle of nationality; some other countries, like Great Britain and the United States, stress the principle of domicile.

(4)   Capacity to enter into ordinary contract

The capacity to enter into an ordinary contract is governed by the national law of the person and not by the law of the place where the contract is entered into (lex loci celebrationis), as erroneously enunciated by our supreme court in the case of gov’t v. Frank.

(5)   Capacity under the code of commerce

Article 15 of the code of commerce says that “foreigners and companies created abroad may engage in commerce in the Philippines subject to the laws of their country with respect to their capacity contract.”

(6)   Capacity to enter into other relations

Capacity to enter in other relations or contracts is not necessarily governed by national law of the person concerned.

Thus:

a.       Capacity to acquire, encumber, assign, donate or sell property depends on the law of the place where the property is situated.

b.      Capacity to inherit depends not on the national law of the heir, but on the national law of the decedent.

c.       Capacity to get married depends not on the national law of the parties, but on the law of the place where the marriage was entered into subject to certain exceptions.