Text of the provision
Art. 80. In the absence of a contrary stipulation in a marriage settlement, the property relations of the spouses shall be governed by Philippine laws, regardless of the place of the celebration of the marriage and their residence. This rule shall not apply:
(1) Where both spouses are aliens;
(2) With respect to the extrinsic validity of contracts affecting property not situated in the Philippines and executed in the country where the property is located; and
(3) With respect to the extrinsic validity of contracts entered into in the Philippines but affecting property situated in a foreign country whose laws require different formalities for its extrinsic validity.
(124a)
Family Code of the Philippines, Executive Order No. 209, approved July 6, 1987. The Code took effect on August 3, 1988 (Republic v. Orbecido III, G.R. No. 154380, October 5, 2005). Reproduced in full.
What this article means
Absent a contrary marriage settlement, Philippine law governs the spouses' property relations regardless of where they married or live. Article 80 then carves out three situations where that rule yields: where both spouses are aliens; and two narrower carve-outs for the extrinsic validity of contracts affecting property located abroad, or affecting foreign property where the foreign law demands different formalities.
Related provisions
- Article 75 — the property regimes this governing-law rule applies to.
Cases interpreting this article
- Authorities on the Article 80 choice-of-law rule will be added here as each is verified against primary sources.