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CONFLICTS OF LAWS
Conflicts of law - Part of international law which deals with legal problems
involving foreign element concerning the conflict in the application of local and
foreign laws, raised in a proper forum.
That part of 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/s (Paras).
Elements
I. Legal problem involving foreign element
--If there is no foreign element, there is no conflict of law.
Foreign elements is a factual situation that cut across territorial lines and affected
by diverse laws of two or more states -- Saudia vs Morada
1. One or both litigant is alien
2. Cause of action arises in foreign state
- location of the res
- place of celebration
- place of the act
- place of the crime
II. Assumption of the proper forum
Cases involving COL, forum may:
1. Refuse - apply forum non conviniens, no COL
2. Assume- forum may apply the following:
a. local law -- lex fori
b. Foreign law - lex causae
c -- apply both -- Cadalin vs POEA
III. Conflict between local and foreign law
- if there is no conflict between the two, there is nothing to resolve.
- court can apply foreign law if properly pleaded and proved, application
discretionary to the court.
IV. Choice of law to be applied
-Which law applies? - depends on the factual situation and connection of
the foreign element, apply characterization process of determining under what
category a certain set of facts or rules falls.
- Purpose - to enable the forum to select the proper law.
SOURCES of COL
Direct sources
Art. 14, 15, 16, 1039, 1183, 1347 at marami pa
Article 26 of Family Code
Section 129 of Corporation Code
Treaties - Hague convention, Warsaw, COGSA
Jurisprudence
International Custom
General Principles of law
lex loci celebrationis
LEx loci actus
LEx rei sitae/lex situs

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CONFLICTS OF LAWS
lex loci delictus
lex loci contractus
lex domicilli
principle of territoriality
Kilberg doctrine
Indirect sources
foreign jurisprudence
journal of renowned legal writers.
OPTION OF FORUM IN CASE OF COL
1. Refuse - to do so would provide inconvenience to the forum
- if the only link is one of the respondent is a Filipino Citizen - MHC vs
NLRC
- not all cases involving Filipino can be tried in local forum.
2. Assume jurisdiction - exercise of Sovereign Prerogative, if the court has
jurisdiction of over the:
a. res
b. Subject matter
c. person
- court has discretion to proceed on the case.
REQUISITE OF ASSUMPTION of JURISDICTION
1. The Philippine court is one to which the parties may conveniently resolve;
2. That the Philippine court is in the position to make an intelligent decision as to
the laws and facts
3. The Philippine court has likely to have the power to enforce the decision MHC vs. NLRC
COURT MAY APPLY
1. Local law - aznar vs. GARcia
2. Foreign law - Bellis vs BEllis
3. Apply both - Cadalin vs .POEA
CHOICE OF LAW
-depends on the factual situation - different case, different application of law.
- there is no hard rule in the application of law.
- Foreign law has no extra-territorial effect- General Rule
there is an exception
1. JUSTIFICATION OF APPLICATION OF LOCAL LAWS
a. matter involving procedural law - apply law of the forum -based on lex
fori
b. if foreign law is contrary to public policy of the forum
c. If application of foreign law or local law which give rights to the foreigner
would result injustice to our national - salvacion vs BCP
d. When court accept the renvoir - aznar vs garcia
e. when most of the factual situation referes to phil jurisdiction- saudia vs
morada.

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CONFLICTS OF LAWS

JUSTIFICATION OF APPLYING FOREIGN LAWS

1. When cause of action arises in foreign land.
2. If local law so provides - article 16, Bellis vs Bellis - lex domicilli
3. Principle of Comity
Note - Foreign law should be pleaded and proved , if not , presumed to be the
same with the local law - DOCTRINE OF PROCESSUAL PRESUMPTION
4. If There Is A Treaty - Warsaw, Santos Vs Northwest Orient Airline
DISTINGUISHED FROM PUBLIC INTERNATIONAL LAW
1
2

BASIS
Nature
Persons
involved

Transactions
involved

Remedies
and
Sanctions

CONFLICT OF LAW
Municipal in character
Dealt
with
by
private
individuals;
governs
individuals in their private
transactions which involve a
foreign element

LAW OF NATIONS
International in character
Sovereign states and other
entities
possessing
international personality, e.g.,
UN; governs states in their
relationships
amongst
themselves
Private transactions between Generally affected by public
private individuals
interest; those in general are
of interest only to sovereign
states
Resort to municipal tribunals May be peaceful or forcible
Peaceful: includes diplomatic
negotiation, tender & exercise
of good offices, mediation,
inquiry
&
conciliation,
arbitration, judicial settlement
by ICJ, reference to regional
agencies
Forcible: includes severance
of
diplomatic
relations,
retorsions,
reprisals,
embargo,
boycott,
nonintercourse,
pacific
blockades,
collective
measures under the UN
Charter, and war.

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CONFLICTS OF LAWS
TERMS:
LEX DOMICILII - law of the domicile; in conflicts, the law of one's domicile applied
in the choice of law questions
LEX FORI - law of the forum; that is, the positive law of the state, country or
jurisdiction of whose judicial system of the court where the suit is brought or
remedy is sought is an integral part. Substantive rights are determined by the law
where the action arose (lex loci) while the procedural rights are governed by the
law of the place of the forum (lex fori)
LEX LOCI - law of the place
LEX LOCI CONTRACTUS - the law of the place where the contract was made or law
of the place where the contract is to be governed (place of performance) which
may or may not be the same as that of the place where it was made
LEX LOCI REI SITAE - law of the place where the thing or subject matter is
situated; the title to realty or question of real estate law can be affected only by
the law of the place where it is situated
LEX SITUS - law of the place where property is situated; the general rule is that
lands and other immovables are governed by the law of the state where they are
situated
LEX LOCI ACTUS - law of the place where the act was done
LEX LOCI CELEBRATIONIS - law of the place where the contract is made
LEX LOCI SOLUTIONIS - law of the place of solution; the law of the place where
payment or performance of a contract is to be made
LEX LOCI DELICTI COMMISSI - law of the place where the crime took place
LEX MEREATORIA - law merchant; commercial law; that system of laws which is
adopted by all commercial nations and constitute as part of the law of the land;
part of common law
LEX NON SCRIPTA - the unwritten common law, which includes general and
particular customs and particular local laws
LEX PATRIAE - national law
RENVOI DOCTRINE - doctrine whereby a jural matter is presented which the
conflict of laws rules of the forum refer to a foreign law which in turn, refers the
matter back to the law of the forum or a third state. When reference is made back
to the law of the forum, this is said to be "remission" while reference to a third
state is called "transmission."
NATIONALITY THEORY - by virtue of which the status and capacity of an individual
are generally governed by the law of his nationality. This is principally adopted in
the RP
DOMICILIARY THEORY - in general, the status, condition, rights, obligations, &
capacity of a person should be governed by the law of his domicile.
LONG ARM STATUTES - Statutes allowing the courts to exercise jurisdiction when
there are minimum contacts between the non-resident defendant and the forum.

WAYS OF DEALING WITH A CONFLICTS PROBLEM:

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CONFLICTS OF LAWS
1. Dismiss the case for lack of jurisdiction, or on the ground of forum nonconveniens
DOCTRINE OF FORUM NON CONVENIENS - the forum is inconvenient; the
ends of justice would be best served by trial in another forum; the controversy
may be more suitably tried elsewhere
2. Assume jurisdiction and apply either the law of the forum or of another state
a. APPLY INTERNAL LAW - forum law should be applied whenever there is
good reason to do so; there is a good reason when any one of the
following factors is present:
i.

A specific law of the forum decrees that internal law should

apply

Examples:
Article. 16 of the Civil Code - real and personal property subject to
the law of the country where they are situated and testamentary
succession governed by lex nationalii
Article 829 of the Civil Code - makes revocation done outside
Philippines valid according to law of the place where will was made
or lex domicilii
Article 819 of the Civil Code - prohibits Filipinos from making joint
wills even if valid in foreign country
ii.

The proper foreign law was not properly pleaded and proved

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CONFLICTS OF LAWS
NOTICE AND PROOF OF FOREIGN LAW
As a general rule, courts do not take judicial notice of foreign laws;
Foreign laws must be pleaded and proved
Effect of failure to plead and prove foreign law (3 alternatives) of
the forum court:
(a) Dismiss the case for inability to establish cause of action
(b) Assume that the foreign law of the same as the law of the forum
(c) Apply the law of the forum
iii.

The case falls under any of the exceptions to the application of

foreign law
Exceptions to application of foreign law:
(a) The foreign law is contrary to the public policy of the forum
(b) The foreign law is procedural in nature
(c) The case involves issues related to property, real or personal (lex
situs)
(d) The issue involved in the enforcement of foreign claim is fiscal or
administrative
(e) The foreign law or judgment is contrary to good morals (contra
bonos mores)
(f) The foreign law is penal in character
(g) When application of the foreign law may work undeniable injustice
to the citizens of the forum
(h) When application of the foreign law might endanger the vital
interest of the state

b. APPLY FOREIGN LAW - when properly pleaded and proved

THEORIES WHY FOREIGN LAW SHOULD BE GIVEN EFFECT
1. Theory of Comity foreign law is applied because of its convenience &
because we want to give protection to our citizens, residents, & transients in
our land
2. Theory of Vested Rights we seek to enforce not foreign law itself but the
rights that have been vested under such foreign law; an act done in another
state may give rise to the existence of a right if the laws of that state crated
such right.
3. Theory of Local Law- adherents of this school of thought believe that we
apply foreign law not because it is foreign, but because our laws, by applying
similar rules, require us to do so; hence, it is as if the foreign law has become
part & parcel of our local law
4. Theory of Harmony of Laws theorists here insist that in many cases we
have to apply the foreign laws so that wherever a case is decided, that is,
irrespective of the forum, the solution should be approximately the same;
thus, identical or similar solutions anywhere & everywhere. When the goal is
realized, there will be harmony of laws
5. Theory of Justice the purpose of all laws, including Conflict of Laws, is the
dispensing of justice; if this can be attained in may cases applying the proper
foreign law, we must do so

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CONFLICTS OF LAWS

RULES ON STATUS IN GENERAL

1
2
3
4
5
6
7

FACTUAL SITUATION
Beginning of personality of natural
person
Ways & effects of emancipation
Age of majority
Use of names and surnames
Use of titles of nobility
Absence
Presumptive death & survivorship

Celebrated Abroad

RULES ON MARRIAGE AS A CONTRACT

FACTUAL SITUATION
Between Filipinos

Between Foreigners

Celebrated in RP

Mixed
Between Foreigners

Mixed

POINT OF CONTACT
National law of the child (Article 15,
CC)
Same
Same
Same
Same
Same
Lex fori (Article 43, 390, 391, CC;
Rule 131 5 [jj], Rules of Court)
POINT OF CONTACT
Lex loci celebrationis is without
prejudice to the exceptions under
Articles 25, 35 (1, 4, 5 & 6), 36, 37 &
38 of the Family Code (bigamous &
incestuous marriages) & consular
marriages
Lex loci celebrationis EXCEPT if the
marriage is:
a. Highly immoral (like bigamous/
polygamous marriages)
b. Universally
considered
incestuous (between brothersister,
and
ascendantsdescendants)
Apply 1 (b) to uphold validity of
marriage
National law (Article 21, FC)
PROVIDED the marriage is not
highly
immoral
or
universally
considered incestuous)
National law of Filipino (otherwise
public policy may be militated
against)

Marriage by proxy (NOTE: a Lex loci celebrationis (with prejudice

marriage by proxy is considered to the foregoing rules)
celebrated where the proxy appears
RULES ON MARRIAGE AS A STATUS
FACTUAL SITUATION
POINT OF CONTACT
1 Personal
rights
&
obligations National of husband
between husband & wife
(Note: Effect of subsequent change
of nationality:
a. If both will have a new nationality
the new one
b. If only one will change the last
common nationality
c. If no common nationality

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CONFLICTS OF LAWS

nationality of husband at the time

of wedding)
Property relations bet husband & National law of husband without
wife
prejudice to what the CC provides
concerning REAL property located in
the RP (Article 80) (NOTE: Change
of nationality has NO EFFECT. This
is
the
DOCTRINE
OF
IMMUTABILITY
IN
THE
MATRIMONIAL
PROPERTY
REGIME)

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CONFLICTS OF LAWS

Exceptions

RULES ON PROPERTY
FACTUAL SITUATION
REAL PROPERTY
Successional rights
Capacity to succeed

POINT OF CONTACT
Lex rei sitae (Article 16, CC)
National law of decedent (Article 16
par. 2, CC)
National law of decedent (Article.
1039)

Contracts involving real property The law intended will be the proper
which do not deal with the title law of the contract (lex loci
thereto
voluntantis or lex loci intentionis)
Contracts where the real property is The principal contract (usually loan)
given as security
is governed by the proper law oft the
contract (lex loci voluntatis or lex
loci intentionis)
NOTE:
the mortgage itself is
governed by lex rei sitae. There is a
possibility that the principal contract
is valid but the mortgage is void; or it
may be the other way around. If the
principal contract is void, the
mortgage will also be void (for lack of
proper cause or consideration),
although by itself, the mortgage
could have been valid.
TANGIBLE PERSONAL PROPERTY (CHOSES IN POSSESSION)
1
IN GENERAL
Lex rei sitae (Article. 16, CC)

Exceptions: same as those for real EXCEPTION: same as those for real
property
property EXCEPT that in the
example concerning mortgage, the
same must be changed to pledge of
personal property)
MEANS OF TRANSPORTATION
Vessels

Law of the flag (or in some cases,

place of registry)

Other means

Law of the depot (storage place for

supplies or resting place)

THINGS

IN TRANSITU (THESE THINGS

HAVE A CHANGING STATUS BECAUSE
THEY MOVE)

Loss, destruction, deterioration

Law of the destination (Article. 1753,

CC)
Validity & effect of the seizure of the Locus regit actum (where seized)
goods
because said place is their
temporary situs
Disposition or alienage of the goods

Lex loci volutantis or lex loci

intentionis because here there is a
contract

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CONFLICTS OF LAWS
FACTUAL SITUATION
POINT OF CONTACT
INTANGIBLE PERSONAL PROPERTY
(CHOSES IN ACTION)
1 Recovery of debts or involuntary Where debtor may be effectively
assignment of debts (garnishment)
served with summons (usually the
domicile)
2 Voluntary assignment of debts
Lex loci voluntatis or lex loci
intentionis (proper law of the
contract)

3
4
5

6
7
8

9
10
11
12
13

OTHER THEORIES:
a.
National law of the debtor or creditor
b.
Domicile of the debtor or creditor
c.
Lex loci celebrationis
d.
Lex loci solutionis
Taxation of debts
Domicile of creditor
Administration of debts
Lex situs of assets of the debtor (for
these assets can be held liable for
the debts)
Negotiability or non-negotiability of The right embodied in the instrument
an instrument
(for example, in the case of a
Swedish bill of exchange, Swedish
law determines its negotiability)
Validity of transfer, delivery or In general, situs of the instrument at
negotiation of the instrument
the time of transfer, delivery or
negotiation
Effect on a corporation of the sale of Law of the place incorporation
corporate shares
Effect between the parties of the sale Lex loci voluntatis or lex loci
of corporate shares
intentionis (proper law of the
contract) for this is really a
contract; usually this is the place
where the certificate is delivered)
Taxation on the dividends of Law of the place of incorporation
corporate shares
Taxation on the income from the sale Law of the place where the sale was
of corporate shares
consummated
Franchises
Law of the place that granted them
Goodwill of the business & taxation Law of the place where the business
thereto
is carried on
Patents, copyrights, trademarks, In the absence of a treaty, they are
trade names
protected only by the state that
granted them
NOTE: foreigners may sue for
infringement of trademarks and trade
names in the RP ONLY IF Filipinos
are granted reciprocal concessions in
the state of the foreigners

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CONFLICTS OF LAWS
Wills, Succession & Administration of Conflict Rules
FACTUAL SITUATION
POINT OF CONTACT
EXTRINSIC VALIDITY OF WILLS
1 Made by an alien abroad
Lex nationalii OR lex domicilii OR RP
law (Article 816, CC), OR lex loci
celebrationis (Article 17(1))
2 Made by a Filipino abroad
Lex
nationalii
OR
lex
loci
celebrationis (Article 815)
3 Made by an alien in the RP
Lex
nationalii
OR
lex
loci
celebrationis (Article 817)

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CONFLICTS OF LAWS
FACTUAL SITUATION
POINT OF CONTACT
EXTRINSIC VALIDITY OF JOINT WILLS (MADE
IN THE SAME INSTRUMENT)
1 Made by Filipinos abroad
Lex nationalii (void, even if valid
where made) (Article 819)
2 Made by aliens abroad
Valid if valid according to lex domicilii
or lex loci celebrationis (Article 819)
3 Made by aliens in the RP
Lex loci celebrationis therefore void
even if apparently allowed by Article
817 because the prohibition on joint
wills is a clear expression of public
policy
INTRINSIC VALIDITY OF WILLS
Lex nationalii of the deceased
regardless of the LOCATION &
NATURE of the property (Article 16
(2))
CAPACITY TO SUCCEED
Lex nationalii of the deceased not
of the heir (Article 1039)
REVOCATION OF WILLS
1 If done in the RP
Lex loci actus (of the revocation)
(Article. 829)
2 If done OUTSIDE the RP
a. By a NON-DOMICILIARY

Lex loci celebrationis (of the making

of the will, NOT revocation), OR lex
domicilii (Article 829)

b. By a DOMICILIARY of the RP

Lex domicilii (RP law) OR lex loci

actus (of the revocation) (Article 17)

PROBATE OF WILLS MADE ABROAD

1 If not yet probated abroad

If already probated abroad

EXECUTORS AND ADMINISTRATORS

1 Where appointed
2

Powers

Lex fori of the RP applies as to the

procedural aspects, i.e., the will must
be fully probated here & due
execution must be shown
Lex fori of the RP again applies as to
the procedural aspects; must also be
probated here, but instead of proving
due execution, generally it is enough
to ask for the enforcement here of
the foreign judgment on the probate
abroad
Place where domiciled at death or
incase of non-domiciliary, where
assets are found
Co-extensive with the qualifying of
the appointing court powers may
only be exercised within the territorial
jurisdiction of the court concerned
NOTE: these rules also apply to
principal, domiciliary, or ancillary
administrators & receivers even in
non-successive cases

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CONFLICTS OF LAWS
RULES ON OBLIGATION AND CONTRACTS
FACTUAL SITUATION
FORMAL OR EXTRINSIC VALIDITY
Exceptions
a. Alienation
property

&

encumbrance

POINT OF CONTACT
Lex loci celebrationis (Article 17 {1})
of Lex situs (Article 16 [1])

b. Consular contracts

Law of the RP (if made in RP

consulates)
National law (Article 15) without
prejudice to the case of Insular
Government v Frank 13 P 236,
where the SC adhered to the theory
of lex loci celebrationis

CAPACITY OF CONTRACTING PARTIES

Exception
Alienation
property

&

encumbrance

of Lex situs (Article 16 {1})

INTRINSIC

VALIDITY
(INCLUDING
INTERPRETATION OF THE INSTRUMENTS, AND
AMT. OF DAMAGES FOR BREACH)

Proper law of the contract lex

contractus (in the broad sense),
meaning the lex voluntatis or lex loci
intentionis

OTHER THEORIES ARE:

a. Lex loci celebrationis (defect: this makes possible the evasion of the national
law)
b. Lex nationalii (defect: this may impede commercial transactions)
c. Lex loci solutionis (law of the place of performance) (defect: there may be
several places of performance
d. Prof Minors solution:
i. Perfection lex loci celebrationis
ii. Cause or consideration lex loci considerations
iii. Performance lex loci solutionis (defect: this theory combines the
defect of the others)
RULES ON TORTS
FACTUAL SITUATION
Liability & damages for torts in general
NOTE: The locus delicti (place of
commission of torts) is faced by the
problem of characterization. In civil law
countries, the locus delicti is generally
where the act began; in common law
countries, it is where the act first
became effective

RULES ON CRIMES
FACTUAL SITUATION
ESSENTIAL ELEMENTS
PENALTIES

OF A CRIME AND

POINT OF CONTACT
Lex loci delicti (law of the place where
the delict was committed)
NOTE: liability for foreign torts may be
enforced in the RP if:
a. The tort is not penal in character
b. If the enforcement of the tortious
liability wont contravene our public
policy
c. If our judicial machinery is adequate
for such enforcement
POINT OF CONTACT
Generally where committed (locus
regit actum)

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CONFLICTS OF LAWS
THEORIES AS TO WHAT COURT HAS JURISDICTION:
a. Territoriality theory where the crime was committed
b. Nationality theory country which the criminal is citizen or a subject
c. Real theory any state whose penal code has been violated has jurisdiction,
where the crime was committed inside or outside its territory
d. Protective theory any state whose national interests may be jeopardized
has jurisdiction so that it may protect itself
e. Cosmopolitan or universality theory state where the criminal is found or
which has his custody has jurisdiction
f. Passive personality theory the state of which the victim is a citizen or
subject has jurisdiction
NOTE: In the RP, we follow the territoriality theory in general; exception: Article
2, RPC, stresses the protective theory
THE LOCUS DELICTI OF CERTAIN CRIMES
1 Frustrated
an
consummated, Where the victim was injured (not
homicide, murder, infanticide & where the aggressor wielded his
parricide
weapon)
2 Attempted homicide, etc.
Where the intended victim was (not
where the aggressor was situated)
so long as the weapon or the bullet
either touched him or fell inside the
territory where he was
3 Bigamy
Where the illegal marriage was
performed
4 Theft & robbery
Where the property was unlawfully
taken from the victim (not the place to
which the criminal went after the
commission of the crime)
5 Estafa or swindling thru false Where the object of the crime was
representation
received (not where the false
representations were made)
6 Conspiracy to commit treason, Where the conspiracy was formed
rebellion, or sedition
(not where the overt act of treason,
NOTE: Other conspiracies are NOT rebellion or sedition was committed)
penalized by our laws
7 Libel
Where published or circulated
8 Continuing crime
Any place where the offense begins,
exists or continues
9 Complex crime
Any place where any of the essential
elements of the crime took place
Rules on Juridical Persons
FACTUAL SITUATION
CORPORATIONS
Powers and liabilities

POINT OF CONTACT
General rule: the law of the place of
incorporation
EXCEPTIONS:
a. For constitutional purposes
even of the corporation was
incorporated in the RP, it is nor
deemed a Filipino corporation &
therefore cant acquire land,
exploit our natural resources, 7
operate public utilities unless
60% of capital if Filipino owned

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CONFLICTS OF LAWS
b. For wartime purposes we
pierce the corporation veil & go to
the nationality of the controlling
stockholders to determine if the
corporation
is
an
enemy
(CONTROL TEST)
Formation
of
the
corporation Law of the place of incorporation
(requisites); kind of stocks, transfer
of stocks to bind the corporation,
issuance, amount & legality &
dividends, powers & duties of
members, stockholders and officers
Validity of corporate acts & contracts Law of the place of incorporation &
(including ultra vires acts)
law of the place of performance (the
act or contract must be authorized
by BOTH laws)
Right to sue & amenability to court Lex fori
processes & suits against it
Manner & effect of dissolution
Law of the place of incorporation
provided that the public policy of the
forum is not militated against
Domicile
If not fixed by the law creating or
recognizing the corporation or by
any other provision the domicile is
where it is legal representation is
established or where it exercises its
principal functions (Article. 15)
Receivers (appointment & powers)
Principal receiver is appointed by the
courts of the state of incorporation;
ancillary receivers, by the courts of
any state where the corporation has
assets (authority is CO-EXTENSIVE)
w/ the authority of the appointing
court
NOTE: Theories on the personal and/or governing law of corporations:
a. Law of the place of incorporation (this is generally the RP rule)
b. Law of the place or center of management (center for administration or
siege social) (center office principle)
c. Law of the place of exploitation (exploitation centre or siege d exploitation)
PARTNERSHIPS
The existence or non-existence of The personal law of the partnership,
legal personality of the firm; the i.e., the law of the place where it was
capacity to contract; liability of the created (Article 15 of the Code of
firm & the partners to 3rd persons
Commerce)
(Subject
to
the
exceptions given above as in the
case of corps.)
Creation of branches in the RP; RP law (law of the place where
validity & effect of the branches branches were created) (Article 15,
commercial transaction; & the Code of Commerce)
jurisdiction of the court
Dissolution,
winding
up,
& RP law (Article 15, Code of
termination of branches in the RP
Commerce)
Domicile
If not fixed by the law creating or
recognizing the partnership or by
any other provision the domicile is
where it is legal representation is

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CONFLICTS OF LAWS

Receivers
FOUNDATIONS (COMBINATION
INDEPENDENT OF INDIVIDUALS,
FOR PROFIT)

OF CAPITAL
USUALLY NOT

established or where it exercises its

principal functions (Article. 15)
RP law insofar as the assets in the
RP are concerned can be exercised
as such only in the RP
Personal law of the foundation
(place of principal center of
administration)

1. CASES
1. CADALIN VS POEA - 12-5-94 - court of forum will not enforce any
foreign claim obnoxious to the public policy of the forum.
-- foreign procedural law is inapplicable in the forum. Procedural matter
are governed by the law of the forum even if the action is based on foreign
law.
2. HSBC VS SHERMAN - an agreement to sue and be sued is a specific
court does not preclude the filing of suit in the residence of plaintiff or
defendant - renuncio non prasunitur
3. SALVACION VS BVP - When the local law gives protection to the
foreigner with prejudice against a national, , interpretation should be in
favor of the national.
4. LAUREL VS GARCIA - lex situs is applicable only in a dispute over the
title of an immovable such that capacity to take and transfer, or the
interpretation and effect of conveyance and the essential validity of
transfer not when the issue is tether authority of the government to sue the
immovable is in question.
5. AZNAR VS GARCIA - Renvoi - when the nationality of the deceased
(foreigner) states that the law of the domicile (Phil) should govern, then
the successional rights of the heir is govern by the Phil law.
6. SAUDI ARABIAN AIRLINE VS CA 10-8-98 - when the factual situation
of the case has significant relation to the place of the forum, and the
defendant is a foreign corporation engaged in doing in business in the Phil
and the plaintiff is a resident therein, the court can acquire jurisdiction over
the case.
8. PAKISTAN VS OPLE - if respondent did not present evidence of foreign
law, it is presumed that the foreign law is the same as the law of the
forum.
- stipulation of the parties does not deprive the forum of its jurisdiction
REBUS SiC INSTANTIBUS - opposite of pacta sunt servanda - justify the
non performance of the treaty - requires political act
9. BANCO DE BRAZIL VS CA 6-16-00 - an action for damages iis an
action in personam.
- summon by publication or service of summon to the ambassador of
Brazil does not acquire jurisdiction to the petitioner.

PINK NOTES: Rinchels guide to pass your law subjects

CONFLICTS OF LAWS
non-resident corporation - cannot acquire jurisdiction in personal action
10. MHC vs NLRC 10-13-00 - if the only link it has with the case is that the
respondent is a Filipino Resident, case cannot be tried.
- if case involve purely foreign element - court ca refuse to assume
jurisdiction - forum non conviniens
Court can assume if the ff requirements are present
1. Phil court is one the which the parties may conveniently resolve;
2. The Phil court is in the position to make an intelligent decision as
to the law and fact.
3. The Phil court has likely to enforce the decision.
OTHER CASES
2. Phil aluminium vs RTC of Pasig - 10-12-00 GRN 137378
3. Nagarmull vs binalbagan GRN L-22478, 5-28/78
4. NW Orient airline vs Ca - GRN 112573, 2-9-95
5. Perkins vs Dizon
6. Boudard vs Tait
7. Perkins vs Benguet Consolidated Mining
8. Philsec vs Ca
9. Inghenoil vs Walter and olsen GRN 22288 1-12-25
10. Asiavest vs CA 110263 7-20-01