Practice question
Two parties execute an instrument abroad before a Philippine consul. One party deliberately omits the solemnities required by Philippine law and argues that compliance with local foreign form alone necessarily suffices. The act is within Article 17's consular provision and no other exception applies. Which answer is correct?
- The express consular rule requires Philippine solemnities; foreign location alone does not displace it
- Every overseas act automatically avoids Philippine form
- A consul may repeal the statutory requirement by silence
- Only the parties' ages determine the form
- No legal rule applies outside the embassy
Legal references
- Civil Code Articles15–17 and1306: https://lawphil.net/statutes/repacts/ra1949/ra_386_1949.html
- Saudia v. Rebesencio, GR198587, January14 2015, main decision: https://elibrary.judiciary.gov.ph/thebookshelf/showdocs/1/60343
- Family Code Article26, as amended: https://lawphil.net/executive/execord/eo1987/eo_209_1987.html
Answer this question in flashcards to review your response and continue practicing.