1.) Juan is a Filipino citizen residing in Tokyo, Japan. State what laws govern: 1. His capacity to contract marriage in Japan. 2. His successional rights as regards his deceased Filipino father’s property in Texas, USA 3. The extrinsic validity of the last will and testament which Juan executed while sojourning in Switzerland. 4. The intrinsic validity of said will.
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Juan’s capacity to contract marriage is governed by Philippine law – e. the Family Code – pursuant to Art. 15, Civil Code, which provides that our laws relating to, among others, legal capacity of persons are binding upon citizens of the Philippines even though living abroad.
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By way of exception to the general rule of lex rei sitae prescribed by the first paragraph of 16, Civil Code, a person’s successional rights are governed by the national law of the decedent. (2ndpar., Art.16) Since Juan’s deceased father was a Filipino citizen, Philippine law governs Juan’s successional rights.
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The extrinsic validity of Juan’s will is governed by (a) Swiss law, it being the law where the will was made (17, 1stpar. Civil Code), or (b) Philippine law, by implication from the provisions of Art. 816, Civil Code, which allows even an alien who is abroad to make a will in conformity with our Civil Code.
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The intrinsic validity of his will is governed by Philippine law, it being his national (Art. 16, Civil Code)