CIVIL LAW REVIEWER(DEAN GESMUNDO) CONFLICT OF LAWS

PARAS DEFINITION OF CONFLICT OF

LAWS:

conflict of laws you cannot that will embody

conflict of laws.

Conflict of laws is that part of the municipal

law of a state which directs its courts and
administrative agencies, when confronted with a
legal problem involving a foreign element,
whether or not they should apply a foreign law
or foreign laws.

FOUR IMPORTANT ELEMENTS OF THIS

DEFINITION:
1. Conflict of laws is part of the municipal
law of the state.
2. There is a directive to courts and
administrative agencies
3. There is a legal problem involving a
foreign element
4. There is an application or nonapplication of a foreign law or foreign
laws.

Q. What is the problem regarding the

definition of Paras?
A. This is vague which is inconsistent with the
concept of definition.
EXPLANATION:

THAT PART OF MUNICIPAL LAW:

Paras says, that part is vague because of the

nature of conflict of laws. The deeper meaning
of that part is that it is part of a whole. Part of
a whole because when you talk about civil law it
is not entirely civil law it also the as regards
criminal law, labor law etc.

Q. Ano yung ibig sabihin nung That part of

Municipal law?

The nature of the conflict of law forces Paras to

say that part when you talk about Criminal
law, you go to the Revised penal code, if we talk
about Insurance law, we go to the insurance
code or when we talk about the corporation law
we go to the corporation code.
However, when you talk about conflicts of law
wala kang pupuntahan! Unlike other branches
of laws. You have a problem in crimes you go to
the Revised penal code.
But in conflicts of laws, wala kang pupuntahan.
And it also alludes to the level of development
of conflict of laws. Conflict of laws is the most
least developed of all the laws.
Kaya nga may Civil code tayo. Ung crimes
defined na yan. Ung Conflict of laws matagal na
pero wala pa rin. Hahanapin mo pa! Unlike
other laws, you can pinpoint which law. But in

A.
When your local officials passed an ordinance,
that is a municipal law. But that is not the
municipal law that we are talking about here.
Q. What is that, that is not municipal law?
A. International law
Municipal law the term municipal law here is
used to distinguished that which is not
international law.
We are talking about two bodies of laws, one is
municipal the other is International law. Here in
conflict of laws it is considered municipal law.
Q. Conflict of laws is that part of municipal law
of the state, what does it tells you?
A. It talks about the conflict of laws of the
Philippines. Because there are other states that
has conflict of laws. Hindi natin pagaaralan ang
batas ng ibang bansa! We are going to look at
this from the Philippine perspective.

Kenneth Irvin D. Ng 2013-0599 1 | P a g e

CIVIL LAW REVIEWER(DEAN GESMUNDO) CONFLICT OF LAWS

As a General statement, hindi natin pagaaralan
ang conflict of laws ng ibang bansa, only insofar
as the fabrication of Philippine conflict of laws
is concerned. Hindi mo rin maiiwasan un.
Madaming situwasyon na dadalhin ka sa batas
ng ibang bansa.
Q. What is the SIGNIFIANCE of this?

differentiated the way it is structured. Kung

maalala mo kanina, Paras is forced to say that
part which makes it vagues, kase nasan ba ang
conflict of laws? Wala kang matuturo, kase
hahanapin mo pa. So kalat kalat.
Q. How do we able to identify conflict of law
provision from that which is not conflict of
provision

Example:
You have 3 countries:

A. Conflict of law directs, while ordinary

provision does not.

ABCD

Illustration:

Country A Rape yan

Country B- you call that Seduction
Country C You call that submission
Another example:
A puputlan sya ng Ulo
B puputlan sya ng ulo
C ganun din ang nangyare bibigyan sya ng 1M
Q. Sino ang tama? Which one is correct?

Gusto mag asawa ni Juana, how old must she be

in order for her to marry?
Ordinary law you find a law and how will that
law you give the answer?
It will say, 18 YEARS OLD!
Sa conflict of law: How old must she be?
It will not give you an answer right away, rather
it will give you to a legal system. Kung gusto
mo malaman ang sagot dyn, punta ka sa batas na
ganito, punta ka sa legal system na ganito.

A. Walang tama dyn! Because of the concept of

sovereignty. Hindi eto ung pagalingan na ako
tama.

For example: Pupunta ka sa Japanese law.

THERE IS A DIRECTIVE TO COURTS

AND ADMINISTRATIVE AGENCIES:

A. No, hindi pa rin. Kase pedeng sabihin ng

Japanese law, punta ka naman sa Nepanese law.
Tapos pag dating sa Nepanese law, sasabhin
naman punta Philippine law.

Conflicts of law which directs a court or

administrative agencies:
Q. Diba etong term na which directs
inconsistent?
A. The law MANDATES! Eto yan! Now we
have a law that directs.
Conflict of laws is differentiated from any other
ordinary laws. Conflicts of laws directs while
ordinary laws do not direct. Conflict of laws is

Q. Will you find the answer there?

As oppose to ORDINARY LAW, nandun yan

sa Family code, 18 years of age!
THERE IS A LEGAL PROBLEM
INVOLVING A FOREIGN ELEMENT:
When confronted with legal problem which
involves a foreign element.

Kenneth Irvin D. Ng 2013-0599 2 | P a g e