CHAPTER I

PRELIMINARY CONSIDERATIONS

Otherwise known as the Philippines Private International

Law

DEFINITION OF CONFLICT OF LAWS

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Any case which involves facts occurring in more than one

state or nation, so that in deciding the case, it is necessary to
make a choice between the laws of the different states or
countries, is a CONFLICT OF LAWS CASE (Prof. Robert A. Leflar)

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

IMPORTANT ELEMENTS:
a. Conflict of laws is part of the municipal law of a state;

Because the subject is part of the municipal law, it

is NOT international in character

It is however given the appellation of

INTERNATIONAL LAW because of the presence of a
foreign element in a given problem

b. There is a directive to courts and administrative

agencies;

It is the judicial tribunals of a country that

ultimately are called upon to decide or resolve
conflicts problems

Administrative agencies of the state decide

preliminarily a given controversy involving a
foreign factor

c. There is a legal problem involving a foreign element;

A foreign element must be present before the

matter can be considered a conflict problem

If the transaction in question arises wholly within

a single state, all the parties interested having
been, and continuing to be, domiciled and actually
present there, the question being raised there

also, no foreign element exists to cause any

interference
with the usual and regular
enforcement of the domestic municipal law by the
domestic tribunals
d. There is either an application or a non-application of a
foreign law or foreign laws;

When our courts are confronted with a conflict

problem over which they may have jurisdiction,
the solution will have to be found in the
application of either the LOCAL LAW or FOREIGN
LAW

o QUERY:

In applying the law or a foreign state, does not a

sovereign state recognize the superiority of
another state?

In recognizing the principles of a foreign legal

system, do we not implicitly admit the inadequacy
of our own jurisprudence?

The rules of private international law do not derive

force from a power superior to the sovereign
states which recognize and enforce them.

The very essence of a sovereign state is that it

has no superior.

It is one of the fundamental principles of this

branch of the law that each sovereign state is
supreme within its own limits. It is within the
power of such state at any time to exclude any or
all foreign law from operating within its borders.

When effect is given to a foreign law in any

territory, it is only because the municipal law of
that state temporarily abdicates its supreme
authority in favor of the foreign law, which for the
time being, with reference to that particular
matter, becomes itself, by will of that state, it
municipal law.

IMPORTANCE OF THE SUBJECT:

a. To adjust conflicting rights in international, mercantile and
corporate transactions;

b. To solve personal, family, property and successional

contractual problems, possessed of facts or elements
operating in two or more states.
SCOPE OF FUNCTIONS OF CONFLICT OF LAWS
a. The determination of which country has jurisdiction;
b. Applicability to a particular case of either the local or the
foreign law;
c. The determination of the force, validity and effectiveness of a
foreign judgment.
Three questions present in a conflict case:
Question of jurisdiction
Question of choice of law
Question of applicability of a foreign judgment
EXAMPLE:
Filipino movie star goes to Reno, Nevada, and obtains a
decree of absolute divorce from his Filipino wife. 3 years later
the Filipino wife sues in Manila for support from said husband. 3
questions confront a Filipino judge.
Question:
1. Does he have jurisdiction over the case?
2. What law will he apply in determining whether or not a
proper cause of action exists shall it be Nevada law or
Philippine law?
3. Should he recognize as valid and binding in the
Philippines the Reno divorce decree?
CONFLICT OF LAWS VS. LAWS OF NATIONS

BASIS

CONFLICT OF LAWS

LAWS OF NATIONS

Nature

Municipal in character

International in character

Persons
Involved

Dealt in by private individuals The parties involved are

sovereign states and other
entities possessed of an
international personality,
such as the United Nations
Organization

Transactio
ns
Involved

Transactions are private ones Transactions are entered

between private individuals
into which generally affect
public
interest:
those
which in general are of
interest only to sovereign
states

Remedies
&
Sanctions

The remedy here is to resort The remedies may be

to municipal tribunals
peaceful
or
forcible;
diplomatic negotiations or
severance of diplomatic
relations embargo
SOURCES OF CONFLICT OF LAWS
a. Indirect Source
i.

Natural Moral law

Rule of human conduct implanted by God in
our nature

ii.

Works of Writers
Legal scholars

b. Direct Source
i.

Constitutions
Citizenship
Public domain

ii.

Codification
Civil Code of the Philippines
(Arts. 15, 16, 17, 66, 71, 99, 124, 815, 816,
817, 819)
Philippine Code of Commerce

c. Special Laws

Corporation Code
Insurance Code
Intellectual Property Law

d. Treaties and Conventions

i.

European Hague Conventions

validity of marriage
successions

ii.
iii.
iv.

Geneva Conventions
Treaties of Montevideo
Codigo Bustamante

e. Judicial Decisions
f. International Customs
i.

LEX SITUS (law of the place where the property is

situated)

Govern real property

ii.

LEX LOCI CELEBRATIONIS (law of the place of

celebration or execution)

iii.

Successional rights to his estate

Adopted by the Philippines (Art. 16, par. 2,
CC)

PRINCIPLE OF TERRITORIALITY

v.

All transactions insofar as formalities or

solemnities are concerned
EXCEPTION: property is involved (lex situs)
(Art. 17, par. 1, CC)

LEX NATIONALII or LEX DOMICILII (national law or the

domiciliary law)

iv.

Formalities; capacity to encumber and

dispose
In the Philippines covers real and personal
property (Art. 16 par. 1 CC)

The place or territory where a crime has

been committed has jurisdiction to try the
offense that has been committed
EXCEPTION: Sec. 2 of the RPC

PRINCIPLE OF GENERALITY

Criminal laws of the country bind both the

citizens and the aliens who are in the said
country or territory
Penal laws and those of public security and
safety shall be obligatory upon all who live
or sojourn in Philippine territory, subject to
the principles of public international law and
to treaty stipulations(Art. 14 CC).
EXCEPTIONS:
o Principles of Public International Law
Immunities granted to
diplomatic officials and visiting
heads of foreign states provided
they do not travel incognito
o Presence of Treaty stipulations
Military bases