CONFLICT OF LAWS NOTES By: Evelyn De Matias PRINCIPLES AND DOCTRINES Extraterritoriality General rule: Philippine laws have

no extraterritorial effects in another country. Reason: One sovereign country is independent of another. Exceptions: When our law provides respect to other countries with respect to its citi ens and nationals When our country enters into a treaty with another country. !ongressional legislations adopting foreign law to "unicipal law of the land. Extraterritorial application of a foreign law allowed when the country gives consent #i"plied or expressed$. Exception: When the foreign law is against pu%lic policy and order.

Foreign Elements - consist of the following as su%&ect "atter: a. nationality or citi enship %. personal status c. property - points of contacts include: a. place of contracting %. place of negotiation of contract c. place of perfor"ance d. location of su%&ect "atter of the contract e. do"icile' residence' place of incorporation' nationality and place of %usiness of parties. f. (f the place of negotiating the contract and the place of perfor"ance are in the sa"e state' the local law of this state shall apply. Renvoi the court in resorting foreign law adopts rules of foreign country as to conflict of law which rule "ay refer %ac) to the law of the foru". #* nar vs Garcia' + ,!R* -.$

Borrowing Do trine - Philippines "ay adopt foreign procedural law under the Borrowing Stat!te such as ,ec. /0 of the !ivil Procedure Rule stating 1if by the laws of the State or country

where the cause of action arose the action is barred, it is also barred in the Philippines. #CADALIN vs POEA AD"INISTRATOR# $%& SCRA '$() Do trine Pro ess!al Pres!m*tion - foreign law "ust %e properly pleaded and proved as a fact. (f not pleaded' the court will presu"e that the foreign law is the sa"e as our local or do"estic or internal law. #2*34 O5 *6ER(!* vs *6ER(!*3 RE*789 !O.' :;< ,!R* =.-) - 1(n a conflict %etween a Philippine law and a foreign law' Philippine law prevails> +eneral R!le, foreign docu"ents' %efore they can %e ad"itted as evidence in Philippine courts' "ust %e duly authenticated. Written laws may -e evi.en e. %y an official pu%lication or a copy attested %y an officer with the legal custody of the record or his deputy. #,ecretary of an e"%assy' consul general' consul' vice consul' consular agent or officer of a foreign service of the Philippines stationed in a foreign country in which the record is )ept and authenticated %y the seal of his office$. ? *s provided for %y ,ections ;/ @ ;. of Rule <:; of the Rules of !ourt. Ex e*tion to t/e R!le, a foreign law "ay %e proved in open court %y the testi"ony of an active law practitioner fa"iliar with the foreign law and Auoting the specific foreign law involved. #6anufacturers Banover 8rust !o. vs Guerrero$. R!les o0 a!t/enti ation as *rovi.e. in Se tions $1 2 $3 o0 R!le (%$ DO NOT APPL4 IN AD"INISTRATI5E PROCEEDIN+S IN AD"INISTRATI5E TRIB6NALS7 Rules on E7E!8RO3(! EC(DE3!E "ay %e availed of in the presentation of evidence in conflicts of law.

Law o0 Signi0i ant Relations/i* a8a Center o0 +ravity Do trine a8a +ro!*ing o0 Conta ts - choice of law pro%le"s in conflicts of law are resolved %y application of law of the &urisdiction which has the "ost significant relationship or contact with the events and parties to the litigation and issues. 9il-erg Do trine

When the rule involves PROCED6RAL' the law of the foru" is not %ound %y the country where the place of in&ury or wrongful act arose. (f the action is filed in Philippine court' the court will adopt its own Rules on Procedure.

Do trine o0 C/ara teri:ation or Do trine o0 ;!ali0i ation court deter"ines the character of the action filed in court in order to deter"ine which law would %e applica%le #choice of law to apply$ when trying the case. *nalysis of the factual situation' event or operative fact to deter"ine the 1POINT OF CONTACT< or =CONNECTIN+ FACTOR< >such as situs of the res' place of cele%ration' place of perfor"ance' and place of delict or wrong doing.

PRINCIPLES ON PERSONAL LAW IN CONFLICTS OF LAWS, <. Do"iciliary Rule ? law of the do"icile of the person is the deter"ining factor ;. 3ationality Rule ? the law of the nationality and citi enship of the person deter"ines his personal law. ? What the Philippine follows

Two Reme.ies in Con0li ts o0 Law, <. Enforce"ent of rights that accrued in a foreign country' co"pletely or partly' in the for" of actions filed in the Philippines %y the aggrieved partyE ;. Recognition and enforce"ent of a foreign &udg"ent in the for" of petition or co"plaint to enforce such foreign &udg"ent in the Phil. courts. So!r e o0 Con0li t o0 Laws, <. Pri"ary ,ources - !onstitution - Rules and regulations %y ad"inistrative tri%unals - ,tatutes - Fudicial ruling %y the ,upre"e !ourt ;. ,econdary ,ources #"erely persuasive in effect$ - Decisions of foreign courts - 8reatises - !o""entaries and studies of well-)nown authors

W/en ase involves no 0oreign element -!t involves lo al laws wit/ on0li ting a**li a-ility# o!rt will resolve -y, <. Reconcile the local laws involved ;. (f cannot %e reconciled' consider the "ost recent statute to have repealed the older one. :. Except one law fro" the operation of the other and fro" the %asis thereof decide the case. G When interpreting the application of law in such case' there is always the presu"ption that the laws are enacted to %ring &ustice and eAuity therefore the court "ust decide to this effect. % Ways to Deal wit/ Con0li t o0 Laws ases, <. !ourt "ay deny due to the following grounds: lac) of &urisdiction or invo)e FOR6" NON CON5ENIENCE #it is "ore convenient to try a case in a different foru"$. ;. Bear the case and apply the local law. #exercise of stateHs sovereign prerogatives$ :. Bear the case and apply special rules to pro"ote international syste" to do &ustice to the parties. #hear the case and apply foreign law$. REAL PROPERT4 - real property and personal property is su%&ect to the law of the country it is situated. INTESTATE AND TESTA"ENTAR4 S6CCESSION - regulated %y the nationality of a person whose succession is in consideration. CONTRACTS - the law of the place of execution of contract' wills and other pu%lic docu"ents that governs its for"s and sole"nities is applied. CORPORATIONS - governs %y the law of the country where the corporation is created or incorporated. Contra t!al Agreement o0 *arties as to ven!e *gree"ent of parties as to venue of litigation in the contract is "erely per"issive 6NLESS it is clearly stipulated in the agree"ent that the chosen venue is E?CL6SI5E using Aualifying or restricting words to the exclusion of other venue other than the one agreed. #B,2! v ,he"an' <+= ,!R* ::<$.

Rationale: parties cannot stipulate the &urisdiction of the court over the su%&ect "atter %ecause it is fixed %y law or the !onstitution.

A**li a-le 0oreign law to resolve on0li ts o0 laws in t/e a-sen e o0 a lo al law .ire ting t/e o!rt to a**ly a 0oreign law or in t/e a-sen e o0 a vali. agreement -etween *arties on w/at r!le to govern in ase o0 .is*!te, (7 S!-stan e vs Pro e.!ral Prin i*le +eneral r!le, *ll *ro e.!ral r!les shall follow the law of the foru" where the case is filed. S!-stantive laws shall %e governed %y the law of the country where the cause of action arose.

$7 Center o0 +ravity Do trine apply the "ost Signi0i ant Relations/i* T/eory #law of the state which has the "ost significant relationship with the occurrence and with the parties deter"ines their rights and lia%ilities in tort or in contract$E or +ro!*ing o0 Conta ts Prin i*les #for torts and contracts$ as applied in ,audi *ra%ian *irlines #,*ID(*$ v !* ;-+ ,!R* /=-. W/at are ta8en into a o!nt, a. place where the in&ury occurred %. place where the conduct causing the in&ury occurred c. do"icile' residence' nationality' place of incorporation' place of %usiness of parties d. place where the relationship if any %etween parties is centered

%7 Renvoi the court in resorting foreign law adopts rules of foreign country as to conflict of law which rule "ay refer %ac) to the law of the foru". #* nar vs Garcia' + ,!R* -.$

17 Lex Fori - 1the law of the foru" or the court> - Lex lo i ? law of &urisdiction in which relief is sought to control to all "atters that are re"edial or procedural. - +erman R!le o0 ele tive o !rren e ? the place of tort is whenever an essential part of the tort has %een co""itted and the in&ured person "ay choose to sue in either of the places which to hi" is the "ost advantageous to his clai".

- Caver@s Prin i*le ? court applies general principles to arrive at a &ust solution %y acco""odating conflicting policies and affording fair treat"ent of the parties caught in the conflict %etween state policies. J !ourt faced with conflicts of laws has to decide the sa"e %y applying: First the written laws Second ? the custo"s of the place Third ? &udicial decisions Fourth ? general principles of law Fifth principles of &ustice' reason and eAuity 37 +ro!*ing o0 Conta ts A7 Pla e o0 t/e most signi0i ant relations PERSONAL LAW CITIBENSCIP AND NATIONALIT4 CI5IL CODE PRO5ISIONS, Arti le (3. 7aw relating to fa"ily rights and duties' status' condition and legal capacity of persons are %inding upon citi ens of the Philippines. Arti le (A7 (ntestate and testa"entary succession with respect to successional rights and order of succession and intrinsic validity of testa"entary provision shall %e regarded %y the national law of the person whose succession is under consideration.