CONFLICTS OF LAWS; DEFINITION:

1. That part of the law of each state or nation which determines whether, in dea
ling with a legal situation, the law or some other state or nation will be recog
nized, given effect, or applied (16 Am Jur, 2d, Conflict of Laws, 1).
2. That part of municipal law of a state which directs its courts and administra
tive agencies, when confronted with a legal problem involving a foreign element,
whether or not they should apply a foreign law/s (Paras).
DISTINGUISHED FROM PUBLIC INTERNATIONAL LAW
CONFLICT
BASIS
1LAW
Municipal
2International
Dealt
PNersons
ature
OFwith
NATIONS
involved
OFinbyLAW
character
in character
private individuals; governs individuals in their private transact
ions which involve a foreign element
Sovereign states and other entities possessing international personality, e.g.,
3UN;
Private
Generally
Transactions
governs
transactions
affected
states
involved
inbetween
by their relationships
public private individuals
interest; those
amongst
in general
themselves
are of interest only to
4sovereign
Resort
May
Remedies
be peaceful
toand
states
municipal
Sanctions
or forcible
tribunals
Peaceful: includes diplomatic negotiation, tender & exercise of good offices, me
diation, inquiry & conciliation, arbitration, judicial settlement by ICJ, refere
nce to regional agencies
Forcible: includes severance of diplomatic relations, retorsions, reprisals, em
bargo, boycott, non-intercourse, pacific blockades, collective measures under th
e UN Charter, and war.
SOURCES:
DIRECT:
1. Constitutions
2. Codifications
3. Special Laws
4. Treaties and Conventions
5. Judicial Decisions
6. International Customs
INDIRECT:
1. Natural moral law
2. Work of writers
TERMS:
LEX DOMICILII - law of the domicile; in conflicts, the law of one's domicile app
lied 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 l
aw 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 situa
ted; 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 tha
t 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 p
ayment or performance of a contract is to be made
LEX LOCI DELICTI COMMISSI - law of the place where the crime took place
LEX MERCATORIA - law merchant; commercial law; that system of laws which is adop
ted by all commercial nations and constitute as part of the law of the land; par
t of common law
LEX NON SCRIPTA - the unwritten common law, which includes general and particula
r customs and particular local laws
LEX PATRIAE - national law
RENVOI DOCTRINE - doctrine whereby a jural matter is presented which the conflic
t of laws rules of the forum refer to a foreign law which in turn, refers the ma
tter 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 thi
rd 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 adop
ted in the RP
DOMICILIARY THEORY - in general, the status, condition, rights, obligations, & c
apacity of a person should be governed by the law of his domicile.
LONG ARM STATUTES - Statutes allowing the courts to exercise jurisdiction when t
here are minimum contacts between the non-resident defendant and the forum.
WAYS OF DEALING WITH A CONFLICTS PROBLEM:
1. Dismiss the case for lack of jurisdiction, or on the ground of forum non-conv
eniens
DOCTRINE OF FORUM NON CONVENIENS - the forum is inconvenient; the ends of justic
e would be best served by trial in another forum; the controversy may be more su
itably 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 reaso
n to do so; there is a good reason when any one of the following factors is pres
ent:
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 l
ex nationalii
* Article 829 of the Civil Code - makes revocation done outside Philippines vali
d 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 ev
en if valid in foreign country
ii. The proper foreign law was not properly pleaded and proved
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 la
w
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 administ
rative
(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 cit
izens 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 rig
hts that have been vested under such foreign law; an act done in another state m
ay give rise to the existence of a right if the laws of that state crated such r
ight.
3. Theory of Local Law- adherents of this school of thought believe that we appl
y foreign law not because it is foreign, but because our laws, by applying simil
ar rules, require us to do so; hence, it is as if the foreign law has become par
t & 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, irrespectiv
e of the forum, the solution should be approximately the same; thus, identical o
r similar solutions anywhere & everywhere. When the goal is realized, there wil
l 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

RULES ON STATUS IN GENERAL

FACTUAL
1POINT
765432National
Same
Lex
PAUWBresumptive
eginning
ays
ge
se
bsence
of&OFtitles
fori effects
majority
names
SITUATION
CONTACT
law
(Article
ofdeath
personality
of
and
ofofthe
surnames
nobility
&emancipation
43,
child
survivorship
390,of(Article
391,
natural
CC;15,
person
Rule
CC)131 5 [jj], Rules of Court)
RULES ON MARRIAGE AS A CONTRACT
FACTUALOFFilipinos
POINT
Celebrated
Between SITUATION
CONTACT
Abroad
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 marriag
es) loci
Between
Lex & consular
Foreigners
celebrationis
marriagesEXCEPT if the marriage is:
a. Highly immoral (like bigamous/ polygamous marriages)
b. Universally considered incestuous (between brother-sister, and ascendants-des
Apply 1 Foreigners
Mixed
cendants)
Celebrated
Between
National (b)
lawinto(Article
RPuphold 21,
validity
FC) PROVIDED
of marriage
the marriage is not highly immoral or uni
versally by
National
Mixed
Marriage considered
law proxy
of Filipino
(NOTE:
incestuous)
a(otherwise
marriage by
public
proxypolicy
is considered
may be militated
celebrated
against)
where the
proxyloci
Lex appears
celebrationis (with prejudice to the foregoing rules)

RULES ON MARRIAGE AS A STATUS

FACTUALOFSITUATION
1POINT CONTACT

National of
Personal rights
husband
& obligations 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.
2Property
National
If no common
relations
law of nationality
husband
bet husband
withoutnationality
&prejudice
wife to
of what
husband
theatCCthe
provides
time ofconcerning
wedding) REA
L property located in the RP (Article 80) (NOTE: Change of nationality has NO E
FFECT. This is the DOCTRINE OF IMMUTABILITY IN THE MATRIMONIAL PROPERTY REGIME)
RULES ON PROPERTY
FACTUAL
POINT
REAL
Lex
Successional
Exceptions
National
rei
PROPERTY
OFsitae
SITUATION
CONTACT
law rights
of
(Article
decedent16,(Article
CC) 16 par. 2, CC)
Capacity law
National to succeed
of decedent (Article. 1039)
Contracts
The law intended
involving
willreal
be the
property
properwhich
law of
do the
not contract
deal with(lex
the loci
titlevoluntantis
thereto or
lex loci intentionis)
Contracts
The principal
wherecontract
the real(usually
propertyloan)
is given
is governed
as security
by the proper law oft the cont
ract (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 mortg
age
1ITANGIBLE
N GENERAL
couldPERSONAL
have beenPROPERTY
valid. (CHOSES IN POSSESSION)
EXCEPTION:
Lex
Exceptions:
rei sitae
same
same
(Article.
asasthose
those16,
for
forCC)
real
realproperty
propertyEXCEPT that in the example concerning
2MEANS
mortgage,
OF TRANSPORTATION
the same must be changed to pledge of personal property)
Law of the flag (or in some cases, place of registry)
Vessels
Other
3Law
THINGS
ofmeans
theTRANSITU
IN depot (storage
(THESE THINGS
place forHAVEsupplies
A CHANGING
or resting
STATUS BECAUSE
place) THEY MOVE)
Loss, destruction, deterioration
Law of the& effect
Validity destination
of the(Article.
seizure of1753,
theCC)
goods
Locus
Disposition
Lex loci
regit
volutantis
actum
or alienage
(where
or lex
of
seized)
the goods
loci intentionis
because saidbecause
place is
here
their
there
temporary
is a contract
situs
Lex
FACTUAL
POINT
1INTANGIBLE
2Where VRoluntary
ecovery
loci
OFSITUATION
debtor
CONTACT
of
voluntatis
assignment
PERSONAL
debts
may beororPROPERTY
effectively
involuntary
of lex
debts
loci
(CHOSES
served
intentionis
assignment
INwith
ACTION)
of debtslaw
summons
(proper (usually
(garnishment)
of thethecontract)
domicile)
OTHER THEORIES:
a. National law of the debtor or creditor
b. Domicile of the debtor or creditor
c. Lex loci celebrationis
3d.
4Domicile
Lex ATdministration
axation
Lex
situs
loci
ofofcreditor
solutionis
debts
assets
of debts
of the debtor (for these assets can be held liable for the d
5Negotiability
ebts)
The right embodied
or non-negotiability
in the instrumentof(for an instrument
example, in the case of a Swedish bill
6Validity
In ofgeneral,
exchange,
of situs
transfer,
Swedishof the
lawinstrument
delivery
determines
or negotiation
atitsthenegotiability)
timeofofthetransfer,
instrument
delivery or negotia
7Effect
tion
8Law
Lex of between
locionvoluntatis
the aplace
corporation
theincorporation
parties
or lexof loci
thethe
of sale
intentionis
sale
of ofcorporate
corporate
(propershares
shares
law of the contract) for thi
s is really a contract; usually this is the place where the certificate is deliv
9TPatents,
ered)
10
11
12
Law
13
In Taxation
Franchises
Goodwill axation
the
of absence
theon
ofplace
copyrights,
theofbusiness
dividends
income
ofa treaty,
that
where
incorporation
trademarks,
granted
from
the&ofbusiness
sale
taxation
the
they
corporate
them
sale
was
trade
are consummated
thereto
is
ofnames
protected
shares
carried
corporateon shares
only by the state that granted th
em
NOTE: foreigners may sue for infringement of trademarks and trade names in the R
P ONLY IF Filipinos are granted reciprocal concessions in the state of the forei
gners
Wills, Succession & Administration of Conflict Rules
FACTUAL
POINT
1EXTRINSIC
Lex
Madenationalii byOFan
SITUATION
CONTACT
VALIDITY
alienORabroad
lex
OF domicilii
WILLS OR RP law (Article 816, CC), OR lex loci celebra
32tionis
Lex
Madenationalii by(Article
a Filipino
an alienOR17(1))
inlex
abroad
theloci
RP celebrationis (Article 817) 815)

Valid
FACTUAL
POINT
1EXTRINSIC
2Lex
Madenationalii
byif
OFaliens
SITUATION
Filipinos
CONTACT
valid
VALIDITY
(void,
abroad
according
abroad
OF even
JOINT
toiflex
WILLS
valid
domicilii
(MADE
whereINor
made)
THElexSAME
(Article
lociINSTRUMENT)
celebrationis
819) (Article 819
)3Madeloci
Lex by aliens
celebrationis
in the RPtherefore void even if apparently allowed by Article 817
because
INTRINSIC
Lex nationalii
theVALIDITY
prohibition
of theOF deceased
WILLS
on joint regardless
wills is a of clear
theexpression
LOCATION &of NATURE
publicofpolicy
the proper
ty
CAPACITY
1REVOCATION
2Lex If done(Article
nationalii
loci inactus
OUTSIDE
TOthe
OFSUCCEED
16WILLS
(2))
of
RP
(of
thethe
the
RPdeceased
revocation)not(Article.
of the heir
829)(Article 1039)
a. Byloci
Lex a NON-DOMICILIARY
celebrationis (of the making of the will, NOT revocation), OR lex domic
ilii (Article 829)
b.
1PROBATE
LexIf not Byfori
domicilii
ayet
DOMICILIARY
OFofprobated
WILLS
the(RPRPMADE
law)
applies
ofABROAD
abroad
thelex
OR RP to
as locitheactus
procedural
(of theaspects,
revocation)
i.e.,(Article
the will17)must be
2fully
Lex
If already
fori
probated
ofprobated
thehere
RP again
& dueapplies
abroad executionas to
mustthebeprocedural
shown aspects; must also be prob
ated here, but instead of proving due execution, generally it is enough to ask f
or
1EXECUTORS
Place
Where thewhere
appointed
enforcement
ANDdomiciled
ADMINISTRATORS
hereatofdeath
the or
foreign
incasejudgment
of non-domiciliary,
on the probatewhere
abroad
assets are fo
2Powers
und
Co-extensive with the qualifying of the appointing court powers may only be exer
cised within the territorial jurisdiction of the court concerned
NOTE: these rules also apply to principal, domiciliary, or ancillary administrat
ors & receivers even in non-successive cases
RULES ON OBLIGATION AND CONTRACTS
FACTUAL
POINT
FORMAL
Lex
Exceptions
loci
OFORSITUATION
CONTACT
celebrationis
EXTRINSIC VALIDITY (Article 17 {1})
a. Alienation & encumbrance of property
Lex situs (Article 16 [1])
b. Consular
Law
CAPACITY
National of thelaw
OFRPCONTRACTING
contracts
(Article
(if made15) inPARTIES
RP consulates)
without prejudice to the case of Insular Government v
Frank 13 P 236, where the SC adhered to the theory of lex loci celebrationis
Exception
Alienation
Lex
INTRINSICsitus VALIDITY
& encumbrance
(Article (INCLUDING
16 {1})of property
INTERPRETATION OF THE INSTRUMENTS, AND AMT. OF DAM
AGES 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 nation
al law)
b. Lex nationalii (defect: this may impede commercial transactions)
c. Lex loci solutionis (law of the place of performance) (defect: there may be s
everal places of performance
d. Prof Minor s 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
FACTUALOFSITUATION
POINT
Liability CONTACT
& 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 whe
re the act began; in common law countries, it is where the act first became effe
Lex loci delicti (law of the place where the delict was committed)
ctive
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 won t contravene our public policy
c. If our judicial machinery is adequate for such enforcement
RULES ON CRIMES
FACTUALOFSITUATION
POINT
ESSENTIAL
Generally
THEORIES CONTACT
AS
ELEMENTS
where
TO WHAT
committed
OFCOURT
A CRIME
(locus
HAS ANDregit
JURISDICTION:
PENALTIES
actum)
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, wh
ere the crime was committed inside or outside its territory
d. Protective theory any state whose national interests may be jeopardized has j
urisdiction so that it may protect itself
e. Cosmopolitan or universality theory state where the criminal is found or whic
h has his custody has jurisdiction
f. Passive personality theory the state of which the victim is a citizen or subj
ect has jurisdiction
NOTE: In the RP, we follow the territoriality theory in general; exception: Art
icle
21THE
Where
AFttempted
rustrated
LOCUS
2,theRPC,
DELICTI
victim
homicide,
intended
anstresses
consummated,
was
OFvictim
etc.
CERTAIN
injured
the was
protective
homicide,
CRIMES
(not
(notwhere
where
theory
murder,
the
theaggressor
infanticide
aggressor wielded
was& situated)
parricide
his weapon)
so long as
the weapon or the bullet either touched him or fell inside the territory where h
43eTBheft
Where igamy
was the
& robbery
illegal marriage
property was unlawfully
was performed
taken from the victim (not the place to which
5the
Where
Estafa criminal
the
or object
swindling
wentofafter
thrucrime
the the
falsecommission
was
representation
received
of the
(notcrime)
where the false representations
6were
Conspiracy
made) to commit treason, rebellion, or sedition
NOTE: the
Where Otherconspiracy
conspiracieswas formed
are NOT(not penalized
where the
by our
overt
lawsact of treason, rebellion o
r sedition was committed)
7CLomplex
98Where
Any ibelplace
ontinuing
published
crime
where
crimeany
or circulated
the offense
of the essential
begins, exists
elements
or of
continues
the crime took place
Rules on Juridical Persons
FACTUALOFand
POINT
Powers
CORPORATIONS
General SITUATION
rule:
CONTACT
liabilities
the law of the place of incorporation
EXCEPTIONS:
a. For constitutional purposes even of the corporation was incorporated in the R
P, it is nor deemed a Filipino corporation & therefore can t acquire land, exploit
our natural resources, 7 operate public utilities unless 60% of capital if Fili
pino owned
b. For wartime purposes we pierce the corporation veil & go to the nationality o
f the controlling stockholders to determine if the corporation is an enemy (CONT
ROL TEST) of the corporation (requisites); kind of stocks, transfer of stocks to
Formation
bind the corporation, issuance, amount & legality & dividends, powers & duties
of members,
Validity
Law of theofplace
stockholders
corporate
of incorporation
actsand& contracts
officers
& law(including
of the placeultra
of performance
vires acts) (the act or
contract
Right
Lex
Manner
Law fori
of tothe
& effect
must
sueplace
&beamenability
ofof
authorized
dissolution
incorporation
tobycourt
BOTHprovided
laws) that& the
processes suitspublic
against
policy
it of the forum i
s not
If
Domicile
notmilitated
fixed by the
against
law creating or recognizing the corporation or by any other
provision the domicile is where it is legal representation is established or whe
re it exercises
Receivers (appointment
its principal
& powers) functions (Article. 15)
Principal receiver is appointed by the courts of the state of incorporation; anc
illary receivers, by the courts of any state where the corporation has assets (a
uthorityTheories
NOTE: is CO-EXTENSIVE)
on the personal
w/ theand/or
authority
governing
of thelaw
appointing
of corporations:
court
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)
The
PARTNERSHIPS
existence or non-existence of legal personality of the firm; the capacity to
The
contract;
personalliability
law of theof partnership,
the firm & thei.e.,
partners
the law
to of
3rdthe
persons
place where it was cre
ated (Article 15 of the Code of Commerce) (Subject to the exceptions given above
Creation
as in theofcase
branches
of corps.)
in the RP; validity & effect of the branches commercial tran
saction;
RP law (law
& the
of the
jurisdiction
place where
of branches
the courtwere created) (Article 15, Code of Comme
Dissolution,
rce)
RP
If
Domicile
law fixed
not (Article
winding
by 15, law
the Code
up,creating
& termination
of Commerce)
or recognizing
of branches
theinpartnership
the RP or by any other
provision the domicile is where it is legal representation is established or whe
re law
RP
Receivers
it exercises
insofar asitstheprincipal
assets infunctions
the RP are
(Article.
concerned
15)can be exercised as such on
ly in the RP(COMBINATION OF CAPITAL INDEPENDENT OF INDIVIDUALS, USUALLY NOT FOR
FOUNDATIONS
Personal law of the foundation (place of principal center of administration)
PROFIT)
??
??
??
??
1