Practice question
Two Philippine citizens litigate an ordinary proprietary-right issue involving property situated abroad. The relevant situs law is properly pleaded and proved, and no succession or special exception applies. One party insists that shared citizenship and a Philippine forum automatically require Philippine substantive property law. What is the best response?
- Citizenship always overrides every property connector
- The forum’s location always displaces Article 16
- Foreign law can never be applied by a Philippine court
- Every foreign property issue is necessarily succession
- Shared citizenship and forum alone do not displace the applicable situs rule for the stated issue
Legal references
- Civil Code Article 16: https://lawphil.net/statutes/repacts/ra1949/ra_386_1949.html
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