Professional Documents
Culture Documents
CONFLICTS OF LAW
B. Definition
Second Edition of Jurisprudence: private
international law is that part of the law of
each state or nation which determines
whether, in dealing with a legal situation,
the law of some other state or nation will
be recognized, given effect or applied.
Private
International Law
government matters
As to remedies:
In case of violation,
a state may resort
to
1)
diplomatic
protest
2) peaceful means
of
settlement
(diplomatic
negotiations,
arbitration
or
conciliation)
3) adjudication by
filing a case before
international
tribunals
4) use force short of
war, or eventually
go to war
Ius gentium
In PIL, it means the law of nations
It is used in the early Roman
empire to mean the body of rules
developed by the praetor peregrinus to
resolve disputes between foreigners or
between foreigners and Roman citizens
It includes Greek legal doctrines
and concept of bona fides as ius civile
only applies t Roman citizens
Netherlands
Ulrich Huber first used the term,
conflict of laws
B. Modern Developments
Neo-Statutists
followed Italian theory: when 2 or
more
independent
laws
are
applicable to a Conflict problem,
the method so devised determines
what law shall prevail
Internationalists
there should be a single body of
rules that can solve problems
involving a foreign element
Territorialists
law of the State applies to persons
and things within the State,
therefore, no foreign law is applied.
Branch: only rights vested or
acquired under foreign law are
recognized in the forum but not
foreign law itself
1969
2nd Restatement of Conflict of Laws,
adopted by American Law Institute
under
Prof.
William
Reese,
proposed that in the absence of
statutory law, law to be applied in
Conflict case, is the law of the most
significant relationship.
19th Century
Justice Joseph Story relied on the
European
continental
theorists
concept of territorial sovereignty and
founded conflict of laws on the
principle of comity of nations.
Frederich Carl Von Savigny
- founder of modern private IL
-application of foreign law was not
due to comity but the resultant
benefits for everyone concerned
- advocated situs theory (seat of
legal
relationship): every
element
of transaction be governed by the
law of the place with which said
element has the most substantive
connection
Pascuale Mancini
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
14.
15.
16.
17.
18.
19.
3.
4.
5.
6.
Corporation Code
General Banking Act
Foreign Currency System Act
Phil Foreign Law Guarantee Corp
Retail Business Regulation Act
Anti-Dummy Law
Nationalization of Rice and
Industry Act
Insurance Code
IP Code
Patent Law
Trademark Law
COGSA
Salvage Law
Public Service Act
Civil Aeronautics Act
Phil Overseas Shipping Act
Investment Incentives Act
Export Incentives Act
RA 7722
B. Treaties
and
Conventions
Corn
International
Personal status
Distinguished
American
and
English
writers, on the other hand, include Beale,
Cavers, Cheatham, Currie, Ehrenzweig,
Goodrich, Gussbaum, Story, Wharton,
Cheshire, Graveson.
D. Judicial decisions
on
over
the
IV. Jurisdiction
Jurisdiction may mean either a) judicial or
b) legislative jurisdiction. (This part talks of
judicial jurisdiction)
_______________
2. Jurisdiction
Property
over
the
b) the
institution
of
legal
proceedings
wherein
the
courts power over the property
is
recognized
and
made
effective
This kind of JD is referred to as in rem JD;
the situs could bind the world and not
just the interest of specific persons.
Basis of exercise of JD: the presence of the
property within the territorial JD of the
forum.
Quasi in rem JD: affects only the interests
of particular persons in that thing (ex.
Quieting of title). (actions against a person
in respect of the res)
Jurisdiction:
1) over the person
a) voluntary appearance
b) submission to authority
HELD:
Substituted
services
by
publication, or in any other authorized
form, may be sufficient to inform parties
of the object of the proceedings taken
where property is once brought under
the control of the court by seizure or
some equivalent act to any proceedings
HELD:
The Delaware court cannot
exercise JD just because the stocks are
statutorily present in Delaware. The
property (stocks) is not the subject
matter of the litigation nor is the
underlying cause of action related to the
property. Also, the facts in CAB does not
demonstrate that defendants have
purposefully availed themselves of the
privilege of conducting activities within
the forum state in a way that would
Presence/Jurisdiction:
1) Traditional Views
a) Pennoyer actual physical
presence
2) Modern Views
a) Intl.
Shoe
contact
between the forum and the
corporation (even in the
absence of an actual office,
etc.)
the
Shaffer
minimum
contacts
between
the
properties
and
forum;
fundamental fairness test
B. Ways
of
Dealing
Conflicts Problem
The court may
problem, by:
deal
with
with
a
conflicts
applying
forum
non
or
of
(2003)
FACTS: The spouses Litonjua are
engaged in the shipping business; they
executed a contract where Bank of
America was made the trustee of their
businesses. But the businesses suffered
losses in the hands of the bank, so the
spouses filed a case for damages for
breach of trust and accounting of
revenues in the Philippines. Bank of
America filed a Motion to Dismiss on the
ground of forum non conveniens.
2. Assume Jurisdiction
10
1)
Example:
prohibitory
or
mandatory laws of the forum
2)
Our
courts
may
not
take
judicial
cognizance of any foreign law; hence,
failure to plead and prove foreign law leads
to the presumption that it is the same as
forum law.
Under the Rules of Court, the
foreign law may be proved by:
a) official publication
b) certification form the officer
with official custody, under
seal, and the Phil. Embassy
must certify that such officer
has official custody, etc.: that it
is the law in force at the time
etc., etc.
3)
11
V. Choice of Law
A. The
Correlation
between
Jurisdiction and Choice of Law
1) The factors that justify exercise
of judicial jurisdiction maybe
the same factors used to
determine choice of law
1. Traditional Approaches
theories that emphasize simplicity,
convenience and uniformity
a.
12
iii.
iv.
v.
b.
-
vii.
vi.
Principles
Examples of application:
i.
ii.
of
2. Modern Approaches
a. Place of the
Significant Relationship
Most
13
Interest Analysis
c.
-
14
Comparative Impairment
d.
-
Trautmans
Analysis
Functional
Leflars Choice-Influencing
Considerations
5
major
choice-influencing
considerations
1) predictability of results
2) maintenance of interstate and
intl order
3) simplification of the judicial
task
4) application of the better rule
of law
5) advancement of the forums
governmental interest
court should prefer a law that make
good socioeconomic sense and are
sound in view of present day
conditions
Criticism: no principled or objective
standard to determine better
rule.
the
15
c)
succession to be governed by
decedents
national
law
(California)
Problems:
A) C, is adopted in the Philippines by a
former Filipino citizen and moves to the US
with her adoptive mother, M. By Ms laws,
C will not be an heir. Will C be entitled to an
intestate share in Ms estate?
1. Subject-matter
Characterization
This calls for classification of a factual
situation into a legal category. It is
significant in a single-aspect method
because the legal category to which an
issue is assigned determines governing law
2. Substance-Procedure
Dichotomy
16
better if courts
considerations
the results and
considerations
1) Statute of Frauds
It is considered substantive if words of law
relate to forbidding the creation of
obligation.
One
that
forbids
the
enforcement
of
the
obligation
is
characterized as procedural
Marie vs. Garrison: Defendant maintains
that the NY Statute of Frauds affects the
remedy upon a contract w/in its termsa
rule prescribing evidence & deemed a rule
of procedure. Garrison claims that rules of
the forum must be followed. Marie claims
that NY law was constructed as a rule of
substance going into existence of contract;
determined by lex loci contractus.
17
B. Depecage
From depecer, which means to dissect.
Different aspects of a case involving a
foreign element may be governed by
different systems of laws.
Borrowing statutes
Purpose: Many states, the
Philippines
among others, have passed borrowing
statutes to eliminate forum-shopping.
18
But even if a useful tool in modern choiceof-law analysis, the express reference to
depecage in case law, both in US & the Phil
still uncommon.
b.
c.
Renvoi:
State A
(RP)
State B
Art. 16
CC
Internal law
Conflict-oflaws rule
d.
protection
of
the
justified
expectations of the parties
e.
f.
g.
19
20
Critics:
1)
C. Usefulness of Renvoi
Renvoi has been used to avoid unjust
results.
21
22
In Re Estate of Johnson
(1918)
FACTS: In the hearing for the probate of
the will of J, alleged to be made in
accordance with the laws of Illinois, TC
judge took judicial notice of the said
foreign law.
inability
to
2.
3.
The
applicable
tort
principles
necessary to establish plaintiffs
claim are not rudimentary. In
countries where common law does
not prevail, these principles may not
exist or maybe vastly different.
23
Zalamea vs. CA
(1993)
FACTS:
Zalamea
filed
action
for
damages against TWA. RTC awarded
actual and moral damages. CA denied
award of moral damages because there
was no fining of bad faith and because
overbooking was an allowed practice in
US airlines.
24
4) The
issue
involved
in
the
enforcement of foreign claim is
fiscal or administrative
5) Foreign law or judgment is contrary
to Good Morals
6) The application of Foreign law will
work Undeniable Injustice to the
Citizens of the Forum
7) The Foreign law is Penal in
Character
8) The application of the Foreign law
might endanger the Vital Interests
of the State
These exceptions
categories:
1.
d.
main
c.
under
Only
self-serving
testimonies
were
allegedly presented. Also, marriages are
claimed to be void according to Chinese
law.
a.
b.
fall
25
b.
c.
4.
The
foreign
law
procedural in nature
is
5.
Issues
are
related
property (lex situs)
6.
7.
to
26
2) an individuals nationality is
easily verifiable from documents.
Demerits:
1) Problems arise with regard to:
a. stateless persons
b.
persons
with
multiple
nationalities
c. states w/ diverse legal systems
having no single national law
B. Determination of Nationality
Merits:
27
citizens?
(Philippine
1. Natural-born Citizens
Two principles w/c may be followed:
jus soli: looks to the law of the place of
ones birth to determine ones nationality
(followed in many common law countries).
jus sanguinis: rule of descent or blood.
Followed in the Philippines, articulated in
the Constitution.
Natural born citizens: citizens of the
Philippines from birth w/out having to
perform any act to acquire or perfect
citizenship.
Concept broadened by the Constitution to
include those born before January 17,
1973, of Filipino mothers, who elect
Philippine citizenship upon reaching the
age of majority.
2. Citizens
Naturalization
by
Talaroc vs. Uy
(1952)
FACTS: Uy was elected mayor of
Manticao, but one of the defeated
candidates filed a petition for quo
warranto, alleging that Uy was a Chinese
citizen and therefore ineligible for the
office.
28
a)
b)
c)
d)
e)
be
Requirement of ownership of
real property: At odds w/ Art
XII, Sec. 7 Phil Constitution:
Save in cases of hereditary
succession, no private lands
shall
be
transferred
or
conveyed except to individuals
qualified to acquire or hold
lands of the public domain.
Exceptions to prohibition on
ownership of land:
a) Save in cases of
hereditary succession, no private
lands shall be transferred or
conveyed except to individuals
qualified to acquire or hold lands of
the public domain - Testamentary
succession is not covered by the
o
29
exception
provided
in
the
Constitution.
b) Sec. 2, BP 185 allowing a
natural-born citizen who lost his
Filipino
citizenship
to
be
a
transferee of a private land for
residential purposes (not in excess
of 1,000 sq. m. urban or 1 ha rural
land)
c) SC broadened exception
to prohibition by applying In Pari
Delicto doctrine, excluding from the
ban the alien vendee who later
becomes a naturalized Filipino
o
Compliance
&
affirmative
showingotherwise, denied.
Non-compliance
because
insufficient finances: denied.
The
following
naturalization:
c)
d)
e)
Declaration of Intention
30
for
b)
proving
steps
a declaration of intention to
become a citizen must first be filed,
unless the applicant is exempted
from this requirement (Secs. 5 and
6, Com. Act No. 473).
of
the
a)
are
2) those
who
have
resided
continuously in the Philippines for a
period of thirty years or more
before filing their application
3) the widow and minor children of an
alien who declared his intention to
become a citizen of the Philippines
and dies before he is actually
naturalized.
Requirement
is
mandatory,
absolute
prerequisite to naturalization. Failure is
fatal. Void for noncompliance with law.
Watt vs. Republic: In cases where petition
is exempt, statement to his exemption and
reasons should appear on the petition so
the public maybe prepared to object to any
evidence on this regard.
Which court has jurisdiction?
RTC of province has exclusive jurisdiction
on which petitioner has resided for at least
one year immediately preceding filing of
person.
Effect of
Children
Naturalization
on
Wife
and
31
No Judicial
Citizenship
Declaration
of
Philippine
1)
countries
Naturalization
in
foreign
HELD:
Frivaldo
lost
his
Filipino
citizenship. If Frivaldo really wanted to
disavow his US citizen citizenship &
reacquire Phil. citizenship, he must do so
under our laws. Under CA 63, Phil.
citizenship may be reacquired through:
32
2) Express renunciation of
citizenship
3) By subscribing to an oath of
allegiance
to
support
the
constitution or laws of a foreign
country upon attaining twenty one
years of age or more, subject to
certain exceptions
33
1. Dual or Multiple
Citizenship
Each state determines who its nationals are
in accordance w/ the rule in the Hague
Convention on Conflict of National Laws.
Questions on WON a person possesses the
nationality of a certain state are to be
determined in accordance w/ the states
internal law.
34
dual
1) Child born of
o parents who are nationals
of country applying jus
sanguinis
o in a country applying jus
soli
Nottebohm Case
(1955)
FACTS: Liechtenstein brought a case
against Guatemala in the ICJ for breach
of its obligations under international law
and asking for reparations in behalf of
Nottebohm. It is the position of
Liechtenstein that Nottebohm acquired
Liechtenstein citizenship which would
entitle him to its diplomatic protection.
2. Statelessness
Understood in two senses:
a) De jure stateless person: refers to
an individual who has been
stripped of his nationality by his
own former government w/out
having opportunity to acquire
another.
35
Problems
of
Conference on the
Reduction of Future
X. Domicile
A. Definition
Municipal law concept of domicile (Art. 50,
CC):
from
1) as punishment or
2) as discriminatory instrument for
political, religious or ethnic reasons
Major objective: Remedy situation of
children
born
w/out
acquiring
any
nationality, i.e. when a child is born in a
country following jus sanguinis principle of
parents who are citizens of a jus soli
country.
36
Residence
simply
requires
bodily
presence. It is a relatively more permanent
abode of a person, while residence applies
to a temporary stay of a person in a given
place (Koh vs. CA).
Habitual
residence:
bridge
between residence and domicile
_______________
Caasi vs. CA
(1990)
FACTS: Miguel ran for mayor of Bolinao
and won. His opponent filed a petition for
disqualification, alleging that Miguel is a
green card holder and hence, a
permanent resident of the US and not of
Bolinao.
HELD: Miguels possession of a green
card disqualified him from running for
mayor. His application for immigrant
status and his possession of a green card
are conclusive proof that he is a
permanent resident of the US despite his
occasional visits to the Philippines.
B. Merits
and
Domicile
Demerits
of
Merits:
1) preferred
primary
connection
between a person and a state
because it satisfies the very
purpose for having a personal law
(in common law countries) it
provides an adequate basis for him
to exercise rights therein and the
state to impose duties on him
37
Demerits:
1) ones domicile is not ascertainable
without first resorting to the courts
to establish whether or not there is
animo manendi
2) A
person
cannot
have
two
simultaneous domiciles (a person
can have only one domicile for a
given purpose or a given time
under the law of a particular state,
but it should not be assumed that
that determination will be binding
38
In re Dorrances Estate
(1932)
FACTS:
Dorrance
was
born
in
Pennsylvania. He worked and resided in
New Jersey, transferred to Philadelphia
and then returned to New Jersey. Later
he was able to buy an estate in
Pennsylvania, where he stayed with his
family until his death. During his lifetime
he expressed that he intends to remain a
domiciliary of New Jersey. Pennsylvania
assessed inheritance tax on his estate.
D. Kinds of Domicile
3 Kinds of Domicile:
1) Domicile of origin: a persons
domicile at birth. A legitimate
childs domicile is that of his father,
while an illegitimate childs is that
of his mother.
2) Domicile of choice: also called
voluntary domicile, is the place
freely chosen by a person sui juris.
There must be concurrence of
physical presence in the new place
and unqualified intention to make
that place ones home.
39
40
B. Legislative
Distinguished
Jurisdiction
Personal capacity
Includes
both
condition
and
capacity
Embraces matters as the beginning
and end of personality, capacity to
have rights, capacity to engage in
legal transactions, protection of
personal interests, family relations,
also transactions of family law such
as marriage, divorce, separation,
adoption,
legitimation
and
emancipation, and succession.
Jurisdiction
from
Judicial
41
D. Absence
The domestic laws of states do not treat
absentees alike.
and
End
2.
of
*Phil
law
follows
presumption (1).
the
rebuttable
Art. 390, CC
After the absence of 7 years, it being
unknown whether or not the absentee still
lives, he shall be presumed dead for all
purposes, except for those of succession.
Art. 41, CC
For civil purposes, the fetus is considered
born if it is alive at the time it is completely
delivered from the mothers womb.
However, if the fetus had an intra-uterine
life of less than 7 months, it is not deemed
born if it dies within 24 hours after its
complete delivery from the maternal womb
Art. 391, CC
The ff. shall be presumed dead for all
purposes, including the division of estate
among the heirs:
(1) a person on board a vessel lost during
sea voyage, or an airplane which is
missing, who has not been heard of for
4 years since the loss of the vessel or
airplane.
(2) A person in the armed forces who has
taken part in war and has been missing
for 4 years
(3) A person who has been in the danger
of death under other circumstances
42
E. Name
A persons name is determined by law and
cannot be changed without judicial
intervention.(Art. 376, CC) Case law shows
that courts have allowed petitions on
grounds that the name
1.
2.
3.
4.
Age of Majority
A. Marriage
Family Code Definition:
Art 1. Marriage is a special contract of
permanent union b/w man & woman
entered into in accordance w/ law for the
establishment of conjugal & family life.
G. Capacity
A persons ability to act is governed by his
personal law. Rules on capacity of an
43
2.
Extrinsic
Marriage
Validity
of
PHILIPPINES,
Marriage
Formal
Requirements
of
1. Philippine
Policy
on
Marriage and the Family
Art XV. Sec. 2: Marriage as an inviolable
social institution, is the foundation of the
family & shall be protected by the state.
Presumption of validity: The Philippines
establishes a presumption of validity to
give stability to marriage especially in
Conflicts of Law problems.
44
unequivocal
to
produce
a
moral
conviction of the existence of the alleged
Chinese marriage.
1)
45
Intrinsic
Marriage
Validity
of
1)
2)
46
Christianity
prohibits
polygamous
&
incestuous marriages but care must be
taken to confine doctrine to cases deemed
incestuous by general consent of all
Christendom.
In re Mays Estate
(1920)
FACTS: Fannie is Sams niece by half
blood; they are both Jewish and NY
residents. NY prohibits marriage between
uncle and niece, so they went to Rhode
Island, where such marriage is also
prohibited except where the parties are
Jewish (the Jewish faith allow such
marriages). After the ceremony they
went back to NY to live there.
47
4. Effects of Marriage
Personal Relations between the Spouses
48
extrinsic
validity:
refers
to
formal
requisites, apply lex loci celebrationis
1. Divorce
decrees
obtained by Filipinos
Divorce decrees obtained abroad have no
validity, not recognized in Philippine
jurisdiction.
Divorce jurisdiction:
Basis of JD of some countries: Domicile of
one of the parties or matrimonial domicile
49
2. Validity
of
Divorce
Foreigners
50
Foreign
between
of
celebration
States
w/
policy-centered
approach: follow the law of state of
marital domicile (considered to
have the most significant interest
in status of persons)
US
Note that in either traditional or policycentered approaches, lex fori is not used;
recall that lex fori can be used in divorce.
Which
states
can
claim
adequate
jurisdictional basis to hear a conflicts
annulment or nullity case?
a) state
where
marriage
celebrated
b) place of marital domicile
Based on defects
present at time of
was
Divorce
celebration
51
o
o
2)
E. Adoption
Definition: The act by which relations of
paternity & affiliation as legally existing
b/w persons not so related by nature.
In the PHILIPPINES:
52
2) Other requirements:
a) certification
of
legal
capacity
b) certification that the State
law would allow entry of
the adoptee as an adopted
child of the adopter.
Exceptions:
o Art 184. Aliens who have some
relationship with the child by
consanguinity or affinity
o
53
Effects Of Adoption
In
the
Philippines,
principles
of
enforcement & recognition of a foreign
judgment governs, because the decree
granting an adoption is in the form of a
foreign judgment.
54
55
Also,
when
the
issue
involves
considerations other than the validity and
effect of the transfer itself, the courts may
look to the law of another state which has a
real interest in applying its law.
Lex Situs
Personal
for
Tax
2. Situs of Money
Leon vs. Manufacturers Life Insurance:
having been endorsed in an annuity in
Canada under a contract executed in that
country, Canada was the situs of the
money, hence the probate court of Manila
has no JD over the funds.
3. Situs of Debts
2 Kinds of Movable Property:
1) choses in possession embraces
all types of tangible physical
objects
2) choses in action
intangible objects
refers
56
to
b) rights represented by a
document
(capable
of
delivery and susceptible to
negotiation as a separate
legal entity)
F.
4. Situs
of
Corporate
Shares of Stocks
Under the Corporation Code (Sec. 63),
shares of stock are personal property and
may be transferred by delivery of the
certificate or certificates indorsed by the
owner or his attorney in fact. But such
transfer shall not be valid until recorded in
the books of the corporation in the manner
provided.
57
Art 17, CC
The forms and solemnities of contracts,
wills, and other public instruments shall be
governed by the laws of the country in
which they are executed.
58
ease
place
in
of
b) in applying it consistently,
certainty and stability are
achieved.
Disadvantage: it will lead to unjust results
when the place of making is entirely
incidental or casual and has no significant
relationship with the contract or its
performance.
Art, 1370, CC
If the terms of the contract are clear and
leave no doubt upon the intention of the
contracting parties, the literal meaning of
the stipulations shall control.
D. Capacity
Contracts
59
to
Enter
into
in
5.
HELD: Phil court has jurisdiction. A nonresident may sue a resident in the courts
of this country where the defendant may
be summoned and his property leviable
upon execution in case of a favorable, if
final and executory judgment.
It is a personal action for the collection of
a sum of money which the CFIs have
jurisdiction to try and decide.
60
with
Puromines vs CA
((1993)
FACTS: Puromines and Philip Bros.
entered into a contract of sale with an
arbitration clause. Puromines filed for
complaint in RTC, Manila. Philip Bros.
filed a MTD on the basis of an arbitration
clause.
3. Adhesion Contracts
Adhesion contract is one that is not
negotiated by the parties having been
drafted by the dominant party and usually
embodied in a standardized form. It is
called a contract of adhesion because the
participation of 1 party is limited to affixing
her signature.
61
3)
PAL vs. CA
(1996)
FACTS: Mejia shipped through PAL 1
microwave oven from San Francisco to
Manila. Upon arrival, she discovered that
the front glass door was broken and the
oven could not be used. Mejia filed
action against PAL. PAL denied liability
and alleged that it acted in conformity
with the Warsaw Convention.
Also,
the
willful
misconduct
and
insensitivity of the officers of PAL in not
attempting to explain the damage
despite
due
demand
and
the
unexplained delay in acting on her claim,
amounted to bad faith and renders
unquestionable its liability for damages.
Lessons:
PanAm: not all contracts of
adhesion are against public policy;
balancing of interests (airline vs.
passenger)
62
4. Special Contracts
In sales or barter of goods, the law of the
place where the property is located will
govern (lex situs).
A simple loan granted by financial
institutions is governed by the law of the
permanent place of business. But if
granted by a private individual, it is
governed by the law of the place where the
loan was obtained.
c.
d.
e.
63
64
F.
1.
2.
3.
4.
5.
6.
place of contracting
place of negotiating of the contract
place of performance
situs of the subject matter of the
contract
domicile, residence, nationality, place
of incorporation and place of business
place under whose local law the
contract will be most effective
Minnesota
3. place of business where contract is
made San Francisco
4. place of destination San Francisco
(not Manila because it was merely an
agreed stopping place, SF is still the
ultimate place of destination
4) in case of confession-of-judgment
clauses (waives the debtors right to
65
ineffective
by
laws
or
judgments
promulgated, or by determinations or
conventions agreed upon in a foreign
country.
Tolentino:
Art 815 follows general rule of lex loci
celebrationis.
In re Estate of Johnson
(1918)
FACTS: Ebba Ingeborg sought to annul
the probate of the will of his father Emil
66
Merits:
o
o
o
2)
3)
4)
simple
convenient
does
not
notarization
guarantees
secrecy
require
absolute
Demerits:
o
o
o
peculiarly dangerous
an invitation to forgery
short
statements
can
confuse
handwriting
experts
67
on
the
Miciano
vs.
Brimo
68
3.
__________________
according to our
Code
C. Interpretation of Wills
Interpretation of wills is to be governed by
lex nationalii.
law
of
the
place
of
D. Revocation
Article 829. A revocation done outside the
Philippines, by a person who does not have
his domicile in this country, is valid when it
is done according to the law of the place
where the will was made, or according to
the law of the place in which the testator
had his domicile at the time; and if the
revocation takes place in this country,
when it is in accordance with the provisions
of this Code. (n)
Revocation:
1. lex
loci
celebrationis
2. lex domicilii
E. Probate
Probate: an adjudication that the last will
and testament of a person was executed
with all the formalities required by law
69
2)
70
F.
Administration of Estates
over
assets
71
G. Trusts
Trust: a right of property, real or personal,
held by one party for the benefit of the
other.
The trust contains an express choice-of-law
provision.
Policies:
1) deter undesirable or wrongful
conduct
2) rectify
consequences
by
distributing the losses
similarity between family conflicts
cases and torts conflicts cases:
strongly held policies of the state
3 concerns in torts:
1) achieving just and reasonable
results (consider the interest of
both parties
2) societal interest
3) shielding
defendant
from
unnecessary surprise
Distinguish: upholding the legitimate
expectations of parties vs. shielding
defendant from unnecessary surprise
the first is used in contracts cases, the
second is used in torts cases.
72
C. Modern Theories
Tort Liability
on
Foreign
1. The
Most Significant
Relationship
This theory considers the states contacts
with the occurrence and the parties.
Two-fold purpose:
1) identify the interested state
2) evaluate the relevance of these
contacts to the issue in question
73
domicile/residence/nationality/place
of
business of the corporation, and place
where the relationship between the
parties is centered.
In CAB, the Philippines had the most
significant contacts. The overall injury
occurred in the Philippines, Morada is a
resident and a Filipina national, Saudia is
a foreign corporation engaged in
business here, and the relationship of the
parties is centered here.
2. Interest Analysis
This approach considers the relevant
concerns the state may have in the case
and its interest in having its law applied on
that issue.
of
74
Conditions
enforcement
claims
for
of
the
tort
75
iii.
76
the
be a significant setback to
advancement of international law.
iv. Philippine
Foreign Torts
Rule
Rule
tort
the
also
77
between
Torts
Tort
Crime
Transitory
in
character;
hence
liability is deemed
personal
to
the
tortfeasor and make
him amenable to
suit in whatever JD
he is found
Local in character;
the perpetrator of
the wrong can be
sued only in the
state wherein he
commits the crime
An injury to an
individual who may
be situated in any
place
An injury to the
state where it is
committed
Liability is attached
to the perpetrator to
indemnify the victim
for
injuries
he
sustained
Promulgated
to
punish and reform
the perpetrators and
deter
them
and
others
from
violating the law
F.
78
2) Second
Exception:
crimes
committed on board a foreign
vessel even if it is within the
territorial waters of the coastal
state
In the Philippines, our courts will not
acquire JD over offenders nor can Phil. laws
apply as long as the effect of such crime
does not disturb our peace and order.
US vs. Fowler
FACTS: Fowler et al were accused of theft
on board the US vessel Lawton while it
was traveling on the high seas.
HELD:
Philippine
courts
have
no
jurisdiction over Fowler. Act 400 granting
JD to RP courts for crimes and offenses
committed on the high seas, apply to
ship or water craft registered or licensed
in the Philippines only. In the CAB, the
Lawton was not registered in the
Philippines; it was a US vessel.
Fowler
Cheng
Look
Chaw
US
English
English
LOCATIO
N
High
seas
Within
RP
territoria
l waters
Within RP
territorial
waters
CRIME
theft
Smoking
opium
Possessio
n and
selling of
opium
RESULT
No JD
Acquired
JD
Acquired
JD
FLAG
Law
Other
Afecting
Juridical
A. Corporations
A corporation is an artificial being created
by operation of law, having the right of
succession and the powers, attributes and
properties expressly authorized by law or
incident to its existence.
79
of
c)
80
Unconstitutional
conditions
a.
Constitutional
Statutory Restrictions
b.
and
b.
c.
81
4. Jurisdiction
Over
Foreign Corporations
The dictum that a corporation has force
only in the incorporating state and no
existence outside that state has been
abandoned. The prevailing rule is, with the
consent of a state, a foreign corp. shall be
recognized and will be allowed to transact
business in any state, which gives its
consent.
3. Domicile or Residence
of Foreign Corporations
Art. 51, CC
When the law creating or recognizing them,
or any other provision, does not fix the
domicile of juridical persons, it is
understood to be
a. the place where legal representation is
established
b. where they exercise their principal
functions
A foreign corp. granted license to do
business here acquires a domicile in the
Phils.
Exceptions:
1. laws
on
creation,
formation,
organization
or
dissolution
of
corporations
2. laws which fix the relations, liabilities,
responsibilities
or
duties
of
stockholders, members or officers of
the corp to each other
3.
82
resident agent
in the absence thereof, to the
government official designated by law
or any of its officers or agents within
the Phils
on any officer or agent of the corp in
the Phils
5. Right
of
Corporation
Suit
to
Foreign
bring
6. Exceptions to
Requirement
a.
License
Isolated Transactions
b.
Action
to
Protect
Trademark,
Trade
Name, Goodwill, Patent
or
for
Unfair
Competition
83
Agreements
Fully
Transacted Outside the
Philippines
84
85
B. Special Corporations
2. Transnational
Corporations
Transnational corporations are clusters of
several corporations, each with a separate
entity, existing and spread out in several
countries,
but
controlled
by
the
headquarters in a developed state where it
was originally organized.
86
Foreign
1.
2.
Restatement 2nd:
Jurisdiction over the parent will exist if the
parent controls and dominates
the
subsidiary. In determining whether the
separate corporate existence of the
subsidiary has been adequately preserved,
the courts will consider whether the
subsidiary has its own records, assets,
advertising,
employees,
payroll
and
accounting and whether its directors and
headquarters are different form those of
the parent.
Domestic Corp.:
a) Can sue
b) Can be sued
Foreign Corps.
1) Doing Business
a. With license can sue and
be sued
b. Without license cannot
sue, can be sued
2) Not
Doing
Business
(isolated
transaction) can sue and be sued
________________
PART FIVE: FOREIGN JUDGMENTS
C. Partnerships
A. Distinction
between
Recognition and Enforcement
Foreign judgments- all decisions rendered
outside the forum and encompasses
judgments, decrees & orders of courts of
foreign countries as well as of sister states
in a federal system of govt.
87
1) Comity
According to Cheshire, the theory on
comity mean that in order to maintain
reciprocal treatment from the courts of
other countries, we are compelled to take
foreign judgments as they stand & to give
them Full faith & Credit.
C.
Policies
Underlying
Recognition and Enforcement
1. Res judicata
Many courts recognize & enforce foreign
judgments on ground of res judicata, under
which principle:
a. those who contested an issue
shall be bound by the result &
b. matters once tried & decided
w/ finality in one jurisdiction
shall be considered as settled
b/w the parties
2.
88
Merger
Bar
This is where
interposes the
avert a second
same claim.
relitigation of
precluded
a successful defendant
judgment in his favor to
action by plaintiff on the
By direct estoppel, the
all matters decided are
Res
Judicata
&
89
b. if
none,
on
the
government
official
designated
by
law
( Insurance Commissioner
foreign insurance co.;
Superintendent of Banks
foreign banking corps. &
SEC other foreign corps
licensed to do business in
Phils) The government
official shall transmit the
summons by mail to the
principal office.
c. any of its officers/agents
within the Phils.
90
HELD:
Foreign
judgements
are
presumptive evidence of the rights
between parties and rejection may be
justified, among others, by want of
jurisdiction of the issuing authority,
among others. But in CAB, such rejection
was not justified. What Borthwick seeks
in this appeal is a 3rd chance to contest
the jurisdiction of the foreign court. In
order to do that, he must show that the
declaration of default was incorrect. But
Borthwick did not do this. Borthwick was
given an opportunity to file his answer in
the Hawaii court, he was also given a
chance in the CFI, Makati, but he failed
to do the same.
91
reciprocate as to judgements of NY
courts, NY should also not recognize the
Quebec judgment as adjudications of the
issues.
92
(2001)
FACTS: Z filed an action to enforce
money judgment rendered by the
Superior Court of California against P.
RTC by summary judgment ordered
Puyat to pay Z pursuant to Judgment of
Stipulation for Entry of Judgment
contained in the Compromise Agreement
between them in the Calif. court. CA held
that P is estopped from assailing the
judgment that had become final.
93
is
not
F.
Modern
Developments
in
Enforcement
of
Foreign
Judgment
94
3.
The
Uniform
Recognition Act
Money-Judgments
Procedure in Philippines
(Compared
to
simple
procedure
of
exequaure, Philippine mode is protracted &
expensive).
95
96