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CONFLICT OF LAWS Introduction

Public international law (PIL) refers to


the law that regulates the relations of
CONFLICT OF LAWS States and other entities possessing
international personality.

BASIS PRIL PIL


Nature Municipal Internationa
TOPICS UNDER THE SYLLABUS or national l in
in character
I. INTRODUCTION character
A. Functions Transaction Private Generally
B. Difference between private and s involved transaction
affected by
public international law s between public
individuals
interest, or
those that
are of
interest only
I. INTRODUCTION to sovereign
states
Remedies Resort to May be
and municipal peaceful or
sanctions tribunals forcible
Private international law or conflict of
laws is that part of the municipal law of Sources (See Custom,
the State which governs cases involving a below) treaty and
foreign element. general
principles of
law,
Private International Law is not a
recognized
separate, distinct branch of law; nor is it a
by civilized
mere part of Civil Law but rather it
nations and
traverses and concerns almost every
juridical
department of law.
decisions
and
C. THREEFOLD FUNCTIONS OF teachings of
PRIVATE INTERNATIONAL LAW the most
(CJS) highly
qualified
1. Prescribe conditions under which a publicists
court or agency is competent to
entertain a suit or proceeding involving SOURCES OF PRIVATE
facts containing a foreign element; INTERNATIONAL LAW (CSM-BC-CC)
2. Specify circumstances in which foreign 1. Codifications
judgment will be recognized a valid 2. Special Legislation
and binding in the forum; and 3. Multilateral Treaties and International
3. Determine for each class of cases the Conventions
particular system of law by reference 4. Bilateral Treaties
to which the rights of parties must be 5. Case Law
ascertained. 6. International Custom
7. Constitution
D. DIFFERENCE BETWEEN
PRIVATE (PRIL) AND PUBLIC
INTERNATIONAL LAW (PIL) END OF TOPIC

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CONFLICT OF LAWS Introduction

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CONFLICT OF LAWS Choice of Law

TOPICS UNDER THE SYLLABUS

II. JURISDICTION
A. Jurisdiction over the subject matter
B. Jurisdiction over persons
C. Jurisdiction over the res
D. Choice of forum and the principle of forum non conveniens

II. JURISDICTION AND


CHOICE OF LAW

THREE STAGES IN JUDICIAL RESOLUTION OF CONFLICT PROBLEMS

1. Jurisdiction
2. Choice of law
3. Recognition and enforcement of judgments (Raytheon International v. Rouzie, G.R. No.
162894, 2008)

MAJOR QUESTIONS IN ANALYZING A CONFLICT OF LAWS PROBLEM

1. Jurisdiction - where can or should litigation be initiated?


2. Choice of law - which law will the court apply?
3. Recognition and enforcement of foreign judgments - where can the resulting judgment
be enforced? (Hasegawa vs. Kitamura, G.R. No. 149177, 2007)

A. JURISDICTION OVER THE SUBJECT MATTER

Power to hear and determine cases of general class to which the proceedings in question
belong.

It is conferred by the sovereign authority, which organizes the courts and defines it powers.

Jurisdiction over subject matter is fixed by law and cannot be conferred by consent of the
parties or their voluntary submission.

To succeed in its motion for the dismissal of an action for lack of jurisdiction over the subject
matter of the claim, the movant must show that the court or tribunal cannot act on the matter
submitted to it because no law grants it the power to adjudicate the claims. (Hasegawa vs.
Kitamura, G.R. No. 149177, 2007)

B. JURISDICITON OVER PERSONS

It is the competence of a court to render decision that will bind the parties to the suit.

C. JURISDICTION OVER THE RES

It is the jurisdiction over the subject matter of the controversy, regardless of the persons who
may be interested therein. It may be classified as follows:
CONFLICT OF LAWS Choice of Law

1. Action in Rem purpose is to affect the interests of all persons in a thing, thus the court
of the forum may render judgment as long as it has jurisdiction over the res.
2. Quasi in Rem purpose is to affect interests of particular persons in a thing, thus the
court of the forum may render judgment as long as it has jurisdiction over said persons.
3. Action in Personam purpose is to impose personal liability upon the defendant

NOTE: In all kinds of jurisdiction, due process requires that the State must have a
reasonable basis for exercising jurisdiction; to be reasonable the jurisdiction must be based
on some minimum contacts that will not offend traditional notions of fair play and
substantial justice (Salonga, Private International Law, p. 44, 1995).

D. CHOICE OF FORUM

While the parties are free to select the forum for resolving disputes by way of a choice of
forum clause, said clause does not operate to deny or divest jurisdiction from the State,
(HSBC v. Sherman, G.R. No. 72494, 1989).

Specifically, this jurisdiction only refers to the courts jurisdiction over the subject matter in a
judicial proceeding. It is fixed by law and determined by the allegations of the complaint
irrespective of whether the plaintiff is entitled to all or some of the claims asserted therein.
(Hasegawa vs. Kitamura, G.R. No. 149177, 2007)

THREE WAYS OF DISPOSING CONFLICT OF LAW CASES


1. Dismiss the case, either because of:
a. lack or jurisdiction;
b. refusal to assume jurisdiction over the case on the ground that the controversy may
be suitably tried elsewhere (also known as the doctrine of forum non conveniens);
or
c. the Act of State doctrine
2. Assume jurisdiction over the case and apply internal law of the forum (i.e. lex fori); or
3. Assume jurisdiction over the case and take into account or apply the law of some other
State(s) (Salonga, p. 44).

PRINCIPLE OF FORUM NON CONVENIENS


A court, even though it has jurisdiction over a conflict case, may refuse to entertain a conflict
case if it believes itself to be a seriously inconvenient forum and force the parties to a more
convenient forum.

TEST TO DETERMINE MOST CONVENIENT FORUM:


1. Whether the forum is one to which the parties may conveniently resort to;
2. Whether it is in the position as to make an intelligent decision as to the law and the facts;
and
3. Whether it has or is likely to have power to enforce its decision, also known as the
principle of effectivenesss

END OF TOPIC
TOPICS UNDER THE SYLLABUS

III. CHOICE OF LAW


A. Application of internal law
CONFLICT OF LAWS Choice of Law

B. Foreign law
1.Proof of foreign law
2.Exceptions to the application of foreign law

III. CHOICE OF LAW

Choice of law deals with the problem that arises when two or more states have a
connection to cases about which their respective laws differ. Each court must then choose
which laws to apply based on choice of law rules that themselves rest on public policy.

Choice of Law seek to answer two important questions: (1) What legal system should
control a given situation where some of the significant facts occurred in two or more states;
and (2) to what extent should the chosen legal system regulate the situation (Saudi Arabian
Airlines v. CA, G.R. No. 122191, 1998).

A. APPLICATION OF INTERNAL LAW

THREE INSTANCES WHEN THE FORUM MUST APPLY INTERNAL LAW


1. When the application of internal law is decreed;
2. Where there is failure to plead and prove foreign law; and
3. Where the case involves any of the exceptions to the application of foreign law.

B. APPLICATION OF FOREIGN LAW

1. Proof of foreign law

In the Philippine jurisdiction, it is settled that must be treated as a fact that must be pleaded and
proved by the party invoking it.

Foreign law may either be: written or unwritten.

Proof of Written Foreign Law - Written law may be evidenced by (1) an official publication
thereof or (2) a copy attested by the officer having legal custody of the record, or by his deputy;
and if the record is not kept in the Philippines, accompanied, with a certificate that such officer has
the custody.

The certificate may be made by any of the following officers and must be authenticated by the
seal of his office:
1. secretary of the embassy or legation,
2. consul general,
3. consul,
4. vice consul, or
5. consular agent or
6. any officer in the foreign service of the Philippines stationed in the foreign country in which the
record is kept. (Rules of Court, Rule 132, Sec. 24)
CONFLICT OF LAWS Choice of Law

NOTE: This does not exclude presentation of other competent evidence such as testimony of
witnesses skilled in that foreign law (Williamette v. Muzzal, 61 Phil. 471, 1935)

Proof of Unwritten Foreign Law the following are admissible: (1) the oral testimony of expert
witnesses and (2) printed and published books of reports of decisions of the courts of the State
concerned if proved to be commonly admitted in such courts (Wildvalley Shipping Co., Ltd. v. CA,
G.R. No. 119602, 2000)

Exceptions: The strict rules of evidence to prove foreign law do not apply in: (CLENIO)

1. Election cases,
2. Land registration,
3. Cadastral,
4. Naturalization and
5. Insolvency proceedings, and
6. other cases not herein provided for, except by analogy or in a suppletory character and
whenever practicable and convenient. (ROC, Rule 1, Sec. 4)

Doctrine of processual presumption where the foreign is not properly pleaded or proved,
the presumption of identity or similarity arises, i.e., the foreign law is the same as the domestic
law.

2. Exceptions to the application of foreign law (PIMP-A-VIP)

1. Enforcement of the foreign law would run counter to an important public policy;
2. Application of foreign law would infringe good morality as understood in the forum;
3. When the foreign law is penal in nature;
4. Where the foreign law is procedural in nature;
5. When the question involves immovable property in the forum;
6. When the foreign law is fiscal or administrative in nature;
7. Where the application of foreign law would involve injustice or injury to the citizens or
residents in the forum;
8. Where the application of foreign law would endanger vital interests of the State of the
forum.

NOTE: With regard to procedural laws, the general rule is that the forum applies its own
procedural law (lex fori) in resolving a conflict case while the foreign law is limited to the
substantive aspects.

Exception: Prescription of actions is sui generis in Conflict of Laws; it may be viewed either as
procedural or substantive, depending on the characterization given such a law.

Exception to the exception: The characterization of a statute of limitation becomes irrelevant


when the country of the forum has a "borrowing statute."
CONFLICT OF LAWS Nature of Conflicts Rules

Borrowing law or statute directs the State


of the forum to apply the foreign statute of
limitations to the pending claims based on a
CONFLICT OF LAWS Nature of Conflicts Rules

foreign law. In short, it has the practical Distinguish Internal Rule from Conflict
effect of treating the foreign statute of Rule as to their Legal Effects
limitation as one of substance
INTERNAL RULE CONFLICT RULE
One kind of borrowing statute provides that Immediately Decides only
an action barred by the laws of the place solves the which law or
where it accrued, will not be enforced in the question raised jurisdiction will
forum even though the local statute has not whether the give the final
run against it. particular act is solution
allowed,
An example is section 48 of the Philippine commanded or
Code of Civil Procedure1 which provides prohibited
that, If by the laws of the state or country
where the cause of action arose the action
is barred, it is also barred in the Philippines TWO PARTS OF A CONFLICT RULE
Islands. 1. Factual Situation takes the form of
factual events or operative facts; and
NOTE: The courts of the forum will not 2. Point of Contact or Test Factor
enforce any foreign claim (or statute) prescribed the municipal law to which
obnoxious to the forum's public policy. (Id.) the question should referred or
connected
Thus in Cadalin v. POEA, the Court Example: Article 16 of the Civil Code
ruled that even if Bahrains Amiri Decree may be divided as follows:
No. 23 prescribes a one-year 1. Real property as well as personal
prescriptive period for labor benefits property (Factual Situation)
claimed by the Filipino petitioners, to 2. Is subject to the law of the country
enforce such foreign law as regards the where it is situated (or the situs of the
claims in question would contravene the res) (Point of Contact)
Philippines public policy on the
protection to labor. POINTS OF CONTACT (DRONS-SAFES-
IF)
1. Nationality of a person, his domicile, his
END OF TOPIC residence, his place of sojourn, or his
origin;
TOPICS UNDER THE SYLLABUS 2. Seat of a legal or juridical person;
3. Situs of a thing or the place where a
IV. NATURE OF CONFLICTS RULES thing is, or is deemed to be situated.
A. Characterization 4. Locus actus or the place where an act
B. Renvoi has been done;
5. Place where an act is intended to come
into effect
6. Lex loci intentionis or the intention of the
contracting parties as to the law that
IV. NATURE OF CONFLICTS should govern their agreement;
RULES 7. Lex fori or the place where judicial or
administrative proceedings are instituted
or done; and
8. Flag of a ship (Saudia Arabian Airlines
v. CA, G.R. No. 122191, 1998)

1 Incidentally, Section 48 has not been


repealed or amended by the Civil Code of the
Philippines. (Cadalin v. POEA, G.R. No. L-
104776, 1994). A. CHARACTERIZATION
CONFLICT OF LAWS Nature of Conflicts Rules

to it, the court might conclude that the


Process of assigning a disputed question to other State has no rule of law applicable
its correct legal category to the situation, in such case, the court
left is with no other alternative but to
THREE STAGES OF apply its own internal law;
CHARACTERIZATION 4. Foreign Court Theory the law to be
1. Classification of the problem (e.g. applied by the court of the forum is that
whether the question relates to law the court of the State referred would
contracts, property, torts, succession have applied.
etc). Double renvoi may arise, i.e., the
As a matter of convenience, the court of the forum, in applying the
classification should be determined foreign court theory, finds that the
in accordance with the law of the referred State accepts the renvoi. In
forum. which case, the court of the forum
2. Determination of foreign law based on shall therefore apply what the court
point of contact test of the State referred would have
3. Selection, extent of application of the applied.
proper law o Example: X was a citizen of State B
but domiciled in State C. A left
B. RENVOI immovables in State B. As the courts
of State B follows the foreign court
A method of disposing a conflict problem theory, it will therefore decide the
by referring a matter for judgment or case exactly as State C will decide.
consideration to another State.
- Assuming the State Bs court
TWO TYPES OF RENVOI determines that State Cs court
1. Remission reference is made back would have referred the matter to
to the law of the forum; State Bs internal laws alone, State
2. Transmission reference is made to a B would therefore apply its own
third State (State B)s internal laws as State B
would. (No renvoi in this scenario)
FOUR THEORIES TO SOLVE THE
RENVOI PROBLEM - Assuming however that the State
1. Rejection of Renvoi the reference of Bs court determines that State Cs
the matter for judgment is confined court would have referred the
exclusively to the internal law of the matter to State Bs laws in its
other State; entirety;
2. Acceptance of Renvoi reference is to
the entirety, including the conflicts rule of Then State C would have found
the other State; and if the State of the that State Bs conflict rules refers
forum finds that the matter is referred to the matter back to State Cs again
back to it, the court might conclude that or a third State;
the reference to the other State has not
provided a direct solution, in such case, Thus, State C, which adopts the
the court might accept the reference and acceptance of the renvoi theory,
apply its own internal law (remission) or would have therefore applied its
the laws of the third State (transmission). own laws or that of the third State.
This is also called single renvoi. The court of the forum, State B,
3. Desistment or Mutual Disclaimer of thus decides the case the way
Jurisdiction reference is also to the State C would.
entirety, including the conflicts rule of the
other State; and if the State of the forum
finds that the matter is referred to back END OF TOPIC
CONFLICT OF LAWS Characterization

TOPIC UNDER THE SYLLABUS d. the interpretation and effect of a


conveyance, are to be determined;
V. CHARACTERIZATION and
A. Property 2. A foreign law on land ownership and its
B. Personal law, nationality and conveyance is asserted to conflict with a
domicile domestic law on the same matters.
C. Marriage, adoption and family Hence, the need to determine which law
relations should apply.
D. Succession
E. Contracts NOTE: Lex rei sitae is not applicable where
F. Torts and crimes the issue is the authority of a State official to
validly dispose of property belonging to the
State and the validity of the procedures
adopted to effect its sale. (Laurel v. Garcia,
G.R. No. 92013, 1990).
V. CHARACTERIZATION
EXCEPTION TO THE LEX SITUS RULE
AS TO IMMOVABLES
1. Succession - capacity to succeed, order
of succession, amount of successional
A. PROPERTY
rights and intrinsic validity of
testamentary provisions, shall be
Lex situs rule - the Civil Code gives
regulated by the national law of the
exclusive importance to the lex situs,
person whose succession is under
regardless of the nature of the property;
consideration, whatever may be the
thus, it provides that real property as well as
nature of the property (Arts. 16 and
personal property is subject to the law of the
1039)
country where situated. (Civil Code, Art.16)
2. Parties Contractual Obligations - where
the issue involves the rights and
1. IMMOVABLES
liabilities of the parties inter se as a
matter of contractual obligation, even
SCOPE OF LEX SITUS RULE AS TO
though the subject matter of the contract
IMMOVABLES
is the land, the governing law is the law
1. Capacity to take and transfer
that regulates the contract as a whole
immovables;
3. Principal Obligation Secured - validity
2. Formalities of conveyance;
and effect of the principal obligation,
3. Essential validity and effect of the
which the encumbrance secures are
transfer;
determined by principles applicable to
4. Interpretation and effect of conveyance;
contracts in general
5. Validity and effect of mortgages and
4. Contract to Transfer - while the validity
other encumbrances;
of the transfer of immovable is governed
6. Marital interest in land; and
by the lex situs rule, the validity of the
7. Equitable interest in land
contract to transfer is determined by the
proper law of the contract
ELEMENTS OF A CONFLICT OF LAWS
5. When the property within the situes
PROBLEM AS TO IMMOVABLES: (C-FEI)
belongs to a foreign State (Holy See v.
1. There is a dispute over the title or
Rosario, G.R. No. 101949, 1994).
ownership of an immovable, such that:
a. the capacity to take and transfer
2. MOVABLES
immovables,
b. the formalities of conveyance,
a. Choses in possession (tangible)
c. the essential validity and effect of the
transfer, or
CATEGORY GOVERNING LAW
CONFLICT OF LAWS Characterization

Tangible Law of the State in which the debt is properly


(Gen. rule) the tangible object is recoverable; and
located at the time of the iv. Lex Contractus or the
transaction in question law of the contract or
determines the creation and the original action out of
transfer of interests which the chose in
action arose

Except: Depends on the particular


1. Goods in event at issue Involuntary Law of the State where
Transit i. Seizure and arrest assignment jurisdiction is effectively
since the transport is of debts exercisable against the
deemed discontinued garnishee
for the time being, the
law of the temporary
resting place shall Negotiable Depends on the question
govern instrument raised:
ii. Disposition of goods
the law of any place i. Question on
having substantial negotiability of the
connection to the instrument depends
transaction shall govern on the rights embodied
(Salonga, p. 494) in the instrument
ii. Question on validity
and effect of the
2. Means of i. Trains, motor cars and transfer of the
Transport or aircrafts the place negotiable instrument
Conveyance where it generally has lex contractus
s some fixed station or
resting place as if it was
a resident
ii. Seagoing vessels the
law of the flag
Corporate Depends on the transfer
determines
shares involved, if:

i. It affects change in the


relation of the parties
b. Choses in action (intangible) with the corporation -
the law of the place of
CATEGOR GOVERNING LAW incorporation governs
Y ii. Transfer affects the
parties alone the law
Voluntary This question remains of the place where the
assignment unsettled. However, there transaction is mostly
of debts are 4 theories to resolve it, connected to governs
to wit:
i. Law of the domicile of
the obligee or owner of
the right of action
ii. Law of the place where
assignment is
B. PERSONAL LAW, NATIONALITY
executed
iii. Quasi-situs or where AND DOMICILE
CONFLICT OF LAWS Characterization

1. Birth
1. Personal Law a. Jus Sanguinis
Also known as statuta personal refers to b. Jus Soli
laws that concern persons, their legal 2. Naturalization grant of citizenship upon
condition and civil status. application by some act which would
qualify an individual for a new nationality.
Two Approaches to Determine Personal 3. Repatriation recovery of original
Law: (1) Nationality, and (2) Domicile. nationality upon fulfillment of certain
conditions
2. Nationality 4. Subjugation - when a State is defeated
Refers to a personal and more or less or conquered, all the citizens acquire the
permanent membership in a political nationality of the conquering State.
community. 5. Cession - When a State has been ceded
in another State, all the people of the
Under the conflicts rules of the Civil Code, territory acquire the nationality of the
the national law of an individual regulates his State in which their territory has been
civil status and condition, his family rights merged
and duties, the intrinsic validity of his will and
the rights of succession to his properties Modes of Losing Nationality (ReDRES)
(Arts. 15, 16 par. 2 and 1069). 1. Release a citizen may apply for
release from citizenship of his State
Determination of Nationality 2. Deprivation the State concerned may
As a rule, each State is free to determine by deprive their citizens of nationality
its own municipal law the persons it Ex. the Philippines may deprive
considers as its nationals. Thus, any their citizens of nationality upon
question as to whether a person is a national entry into the military service of a
of particular State shall be determined by the foreign power.
municipal law of that State. (Hague 3. Expiration of nationality may result
Convention on Conflict of Nationality Laws from a long stay abroad without any
in 1930, Art. 2). indication of a desire to return
4. Renunciation a person may repudiate
The 1987 Constitution, thus provides, his nationality in favor of another.
who are Filipino citizens: 5. Substitution loss of nationality ipso
1. Those who are citizens of the facto by naturalization abroad or by
Philippines at the time of the adoption of marriage
this Constitution;
2. Those whose fathers or mothers are Instances when Dual or Multiple
citizens of the Philippines; Nationalities Arise:
3. Those born before January 17, 1973, of 1. Concurrent application of jus soli and jus
Filipino mothers, who elect Philippine sanguine at birth;
citizenship upon reaching the age of 2. Refusal of certain States to accept a full
majority; and application of the doctrine of
4. Those who are naturalized in expatriation;
accordance with law (Phil. Const., Art. 3. Marriage; or
IV, Sec. 1) 4. Any formal or voluntary act of the
individual.

NOTE: a person having two or more NOTE: If the litigation arises in a third
nationalities may be regarded as a national country, the forum may recognize
by each of the States whose nationality he exclusively in its territory the nationality of
possesses (Art. 3, Hague Convention on the State with which the circumstances he
Conflict of Nationality Laws). appears to be in fact most closely
connected (Hague Convention on Conflict
Modes of Acquisition of Nationality of Nationality Law, Art. 5).
(BiNCReS)
CONFLICT OF LAWS Characterization

Special Treatments affecting Nationality


of Persons in Mixed Marriages involving Importance of Domicile in the Philippines
Filipinos 1. Inadequacy of nationality principle in
Foreign woman married to a Filipino - determining personal law of:
becomes ipso facto a Filipino provided stateless persons,
she is not disqualified to be a citizen of persons of multiple nationality,
the Philippines under its naturalization and
law. persons belonging to countries
of composite system of law on
However, to settle the matter of the territorial basis
wifes citizenship once and for all, the 2. Personal status of individuals from
Court deemed it proper to adopt the States following the domiciliary principle
procedure followed in the Bureau of may be the subject of litigation in the
Immigration, to wit: Philippines;
3. Occasional reference by Philippine law
The wife must file a petition for the to the lex domicilii in determining the
cancellation of her alien certificate of validity of certain acts
registration alleging, among other Example:
things that: Formal validity of a will (NCC,
1. She is married to a Filipino citizen; Art. 816) or
and Revocation of a will outside the
2. She is not disqualified from acquiring Philippines(NCC, Art. 829)
her husband's citizenship pursuant
to the Naturalization Law, as BASIC PRINCIPLES OF DOMICILE
amended. 1. Every person must have a domicile;
3. Upon the finding that that the 2. A person cannot have two simultaneous
petitioner does not belong to any of domiciles;
the groups disqualified from 3. Every natural person, as long as he is
becoming naturalized Filipino citizen, free and sui juris, may change his
the Bureau of Immigration shall domicile;
conduct an investigation and 4. A domicile once acquired is retained
thereafter promulgates its order or unless a new one is obtained.
decision granting or denying the 5. The presumption is in favor of the
petition. continuance of an existing domicile.
4. If granted, the Commissioner of Thus, the burden of proof is on the one
Immigration shall cancel the who alleges that a change of domicile
petitioner's registration as an alien has taken place.
(Mo Ya Lim Yao v. CIR, G.R. No. L-
21289, 1971). What Law Determines Domicile? The
forum determines domicile according to its
Filipinos married to aliens retain their own standards.
citizenship unless by their act or
omission they are deemed under the KINDS OF DOMICILE
laws to have renounced their citizenship 1. Domicile of origin the domicile of a
(1987 Phil. Const., Art. IV, Sec. 4). persons parents at the time of his birth
2. Constructive domicile the domicile
3. Domicile established by law after birth in case of
In other jurisdictions, domicile serves as the persons under legal disability, regardless
necessary connection to determine an of their intention or voluntary act.
individuals personal law. 3. Domicile of choice is the place
voluntarily chosen by a person sui juris
Domicile is the place with which a person as his home and to which, whenever he
has a settled connection for legal purposes, is absent he has the intention of
either because: he resides there or it is the returning.
place assigned to him by law.
CONFLICT OF LAWS Characterization

NOTE: Personal status is ordinarily not


ESSENTIAL REQUISITES OF DOMICILE terminable at a persons own will.
OF CHOICE
1. Capacity 2. Capacity to contract marriage
2. Freedom of Choice It refers to his power to acquire and exercise
3. Residence or physical presence in the rights.
place where domicile is alleged to have
been acquired; In Conflict of Laws, the inquiry is to ascertain
4. Intention to make the place of residence what system of law will determine a persons
the permanent place of abode, or simply capacity to enter into a legal transaction
home (animus samper manendi). when there is conflict between the law of the
place where the transaction is entered into
The primary intention required is and some system of law, such as the law of
intention to make a home rather than an the domicile or the nationality, which can
intention to acquire a domicile. claim to regulate that persons act.
Otherwise, persons could choose to be
domiciled in a State of low burdens and 3. Formal validity of marriages
high benefits irrespective of where they FORMAL VALIDITY OF MARRIAGES - If
actually happened to live. the marriage is valid by the law of the place
As a rule, the motive or reason of celebration or lex loci celebrationis, it is
prompting a person to make a given also valid in other places.
place his home is immaterial.
Philippine Conflict Rule on Formal and
NOTE: The husband and the wife shall fix Substantive Validity of Marriage
the family domicile but in case of Art. 26 of the Family Code: All marriages
disagreement, the court shall decide (FCP, solemnized outside the Philippines, in
Art. 69) accordance with the laws in force in the
country where they were solemnized, and
SUMMARY OF RULES ON DOMICILE OF valid there as such, shall also be valid in this
CHOICE country.
1. To acquire a fresh domicile, residence
and intention must concur; 4. Substantive validity of marriages
2. To retain an existing domicile, either General Rule: lex loci celebrationis
residence or intention to remain must be Exceptions:
present; 1. Substantive validity of marriages of
3. To abandon a domicile, residence in the Filipino nationals who marry abroad
new place and intention to abandon the before Philippine consular or
old place must concur. diplomatic officials - governed by
Philippine law.
C. MARRIAGE, ADOPTION AND 2. Marriages prohibited under
FAMILY RELATIONS Philippine Law will not be upheld as
valid in this country even if the lex
1. Personal status loci celebrationis considers it valid
It is the legal position of an individual in his (Art. 26 par. 2 of the Family Code).
society.
REQUISITES TO UPHOLD MARRIAGES
It includes such matters as the beginning CONTRACTED ABROAD
and end of legal personality, capacity to 1. Existence of the foreign law as a
have rights in general, family relations and question of fact; and
its various aspects such as: birth, 2. Alleged foreign marriage by convincing
legitimation, adoption, emancipation, evidence (Adong v. Cheong Seng Gee,
marriage, divorce, and sometimes even 43 Phil. 43, 1922)
succession.
5. Annulment of marriages
CONFLICT OF LAWS Characterization

a. Jurisdiction to Annul acquired by D. SUCCESSION


the following forums:
(i) where the spouses are domiciled 1. Successional Rights
in; and The national law of the decedent
(ii) in which either parties are governs whatever may be the nature of
nationals the property and regardless of the
b. Governing Law on Annulment or country wherein said property may be
Nullity -lex loci celebrationis found. This includes:
determines the cause or ground for a. Order of succession
annulment. b. Amount of successional rights
c. Intrinsic validity of testamentary
Recognition of Foreign Divorce Decrees provisions (NCC, Art. 16 par. 2) and
1. Between Filipino citizens not entitled to d. Capacity to Succeed (NCC, Art.
recognition because of the local policy 1039)
against absolute divorce
2. Between alien spouses entitled, if valid
by their national law NOTE: When the factual situation involves
3. Mixed marriages entitled, provided that property, there must be an initial
the divorce was validly obtained by the characterization of property. As a rule, lex rei
alien spouse. (FCP, Art. 26) sitae shall initially govern. Intrinsic validity of
rules on succession arises only when the lex
rei sitae characterizes such property as a
descendible interest of the decedent.
CATEGORY GOVERNING LAW
Thus, the nature and extent of the title of
Personal Status Personal law (national the spouse at the time of the acquisition
law or law of domicile) and the dissolution of the community
lands must be determined in accordance
with the lex rei sitae. In the Philippines,
Capacity to Personal law upon death of the decedent, the property
contract relationship of the spouses dissolves
marriage and the properties are to be treated as
conjugal properties to be distributed
between the estate of the decedent and
the surviving spouse and not as a
Formal validity Lex loci celebrationis descendible interest of the decedent
of marriages (Gibbs v. Government 59 Phil. 293,
1933).

Substantive Lex loci celebrationis Whatever public policy or good customs


validity of Except: may be involved in our system of
marriages 1. Consular marriages legitimes, Congress has not intended to
2. Prohibited marriages extend the same to the succession of
under the saving clause foreign nationals. For it has specifically
of Article 26, FCP. chosen to leave, inter alia, the amount of
successional rights, to the decedent's
national law (Cayetano v. Leonidas, 129
Annulment Lex loci celebrationis SCRA 522, 1984)
determines the cause or
ground for annulment 2. Wills the following rules govern:

a. Formal Validity of Wills the laws


governing the formal validity of wills
CONFLICT OF LAWS Characterization

involving a foreign element are the Hence, there may be two (2) or more
following: administrators of an estate:
i. For Filipinos in a foreign country i. principal administrator granted to the
authorized to make a will in any of person(s) in the jurisdiction of the
the forms established by the law of decedents last domicile;
the country in which he may be (lex ii. ancillary administrator granted in any
loci celebrationiis) (NCC, Art. 816). other jurisdiction. It is the general
Except: Joint wills (NCC, Art. 819, theory that the ancillary administrator
NCC). must remit the balance of the estate in
ii. For Aliens abroad his will his territorial jurisdiction to the principal
produces effect in the Philippines if administrator.
made:
a. with the formalities prescribed by the CATEGORY GOVERNING LAW
law of the place in which he resides
(lex domicilii), or Order of National law of decedent
b. according to the formalities observed succession
in his country (lex nationalii), or
c. in conformity with those which the
Civil Code prescribes (NCC, Art.
Amount of National law of decedent
817).
successional
rights
NOTE: The formal validity of wills depends
upon the observance of law in force at the
time it is made (NCC, Art. 795).
Intrinsic validity National law of decedent
of testamentary
b. Revocation of wills provisions

If made by non-domiciliary outside the


Philippines validity of revocation Capacity to National law of decedent
depends on the: Succeed
a. law of the place where the will was
made be (lex loci celebrationiis), or
b. according to the law of the place in Formal validity Filipinos in a foreign
which the testator had his domicile at of wills country law of the
the time (lex domicilii) country in which he may
be (lex loci celebrationis)
If done in the Philippines when it is in Exception: Joint wills
accordance with the provisions of the
Civil Code (NCC, Art. 829). Aliens abroad
a. law of his residence
c. Probate (lex domicilii)
It is the court process of proving the b. national law (lex
validity of the will. Hence, lex fori applies. nationalii)
c. Civil Code
d. Administration of Estate
Lex fori applies, that is, the law of the
State where appointment is sought.
Revocation of Made by non-domiciliary
wills outside the Philippines
Accordingly, administration extends only
a. law of the place where
to the assets of the decedent found in
the will was made be (lex
the State where the letters of
loci celebrationiis)
administration was granted.
b. law of the testators
domicile at the time (lex
CONFLICT OF LAWS Characterization

grace, notice of dishonored, should be


domicilii) governed by the law of the place where
the contract is to be performed.
If done in the Philippines
Philippine law 3. Capacity - lex nationalii (NCC, Art.
16 par. 1)

4. Choice of forum or Jurisdiction


Probate Lex fori
valid

Where the relationship between the


Administration Lex fori parties is affected with public interest and
multiple and substantive contacts of the
contract are with Philippine Law,
Philippine courts and agencies may not be
E. CONTRACTS ousted of their jurisdiction (Pakistan
International Airlines v. Ople, 190 SCRA
1. Extrinsic Validity lex loci 90, 1990).
celebrationis or lex loci contractus
(NCC, Art. 17, par. 1) Choice of seat of arbitration the
2. Intrinsic Validity lex contractus or parties are free to agree on the place of
the proper law of the contract whether: arbitration (Alternative Dispute Resolution
1. Expressed or lex voluntatis Act, Sec. 30).
2. Implied from the contract or lex
loci intentionis NOTE: Courts of the forum will not
enforce any foreign claim obnoxious to the
No conflicts rule on essential validity of forums public policy. Here in the
contracts is expressly provided for in our Philippines, employment agreements are
laws. The rule followed by most legal more than contractual in nature (Triple
systems, however, is that the intrinsic Eight Integrated Services v. NLRC, G.R.
validity of a contract must be governed by No. 129584, 1998).
the lex contractus or proper law of the
contract. This is the law voluntarily CATEGORY GOVERNING LAW
agreed upon by the parties (the lex loci
voluntatis) or the law intended by them Extrinsic Lex loci celebrationis or
either expressly or implicitly (the lex loci validity lex loci contractus
intentionis) (Phil. Export and Foreign Loan
Guarantee Corp. v. V.P. Eusebio
Construction Inc. G.R. No. 140047, 2004). Intrinsic Lex contractus or the
validity proper law of the contract
NOTE: In the absence of an effective whether:
choice of law or lex contractus, the law a. Express (lex voluntatis)
which has the closest and most b. Implied (lex loci
substantial connection shall govern, intentionis )
specifically, the center-of-gravity or
grouping of contracts approach is used.

Center-of-gravity Approach takes into Capacity National law


account the various legal systems with the
contract and applies the law of the place
where the transaction has its center of F. TORTS AND CRIMES
gravity or the most important connection.
1. Tort
Example: Details of performance, e.g. the
rules on manner of demand, days of
CONFLICT OF LAWS Characterization

Governed by the lex loci delicti commissi or 4. place where relationship between
the law of the place of wrong governs the the parties is centered (Saudi
nature and extent of tort liability. Arabian Airlines v. CA, 297 SCRA
469, 1998)
Obligation Theory the tort committed 3. State-interest Analysis This principle
anywhere in the world gives rise to an provides for the following
obligation which follows the defendant methodology:
wherever he may be found. i. Separate false or spurious
conflicts (i.e. only one State has
MODERN THEORIES IN TORT an interest in applying its tort law)
LIABILITY apply the law of such interested
1. Doctrine of Elective Concurrence - State.
either the laws of the state where the ii. If there is a true conflict (i.e. more
actor engaged in his conduct and than one State has interest)
where the injury was incurred may be apply the law of such State which
invoked. has greater interest in upholding
2. Theory of Most Significant its tort law.
Relationship the applicable law shall 4. Cavers Principle of Preference
be the law of the country which has where a State does not have a
the most significant relationship to the statutory question of tort liability in
situation. conflict cases, the following guidelines
may be used.
In determining the state which has the a. The State of Injury sets a higher
most significant relationship, the standard for protection against the
following points of contact are to be injury compared to the State of
taken into account: conduct - the laws of the State of
1. place where the injury occurred Injury applies
2. place of conduct causing the b. The State of Conduct and Injury sets
injury a lower standard than the home
3. domicile, residence, nationality State of the injured person - the
place of incorporation and place
of business of the parties
CONFLICT OF LAWS Recognition and Enforcement of Foreign Judgment

laws of the State of Conduct and TOPIC UNDER THE SYLLABUS


Injury applies
c. The State of Conduct has VI. RECOGNITION AND ENFORCEMENT
established special controls over OF FOREIGN JUDGMENT
conduct of the kind in which the A. Distinction between recognition
defendant was engaged when and Enforcement
caused the injury - the benefits of the B. Requisites
laws of the State of Conduct should C. Degree of Conclusiveness
be accorded to plaintiff; D. Grounds for refusal of
d. The State in which a Relationship recognition and enforcement of an
has its Seat has imposed a standard arbitral award
of conduct on one party to that
relationship for the benefit of the
other party which is higher compared
to that of the State of injury the
laws of the seat of the relationship VI. RECOGNITION AND
applies ENFORCEMENT OF FOREIGN
CONDITIONS FOR THE ENFORCEMENT
JUDGMENT
OF TORT CLAIMS
1. The tort is not penal in character
2. The enforcement of the tortious liability
will not contravene the enforcing States A. DISTINCTION BETWEEN
public policy RECOGNITION AND ENFORCEMENT
3. The enforcing States judicial machinery
is adequate for such enforcement RECOGNITION ENFORCEMENT

2. Crimes When When, in addition to


foreign the foreign judgment
Principles of criminal liability judgment being recognized, a
1. Territorial Principle crimes are is given a party is given
punishable by the State in whose res affirmative relief to
territory they are committed; judicata which the judgment
2. Nationality Principle a State has effect that entitles him
power to enact criminal laws which apply is has in
even to violations committed thereof by the State
its citizens in other States; where it
3. Protective Principle determines was
jurisdiction by reference to the national rendered
interest injured by the offense;
4. Universality Principle determines Examples:
jurisdiction by reference to the custody of
the person committing the offense; 1. Declaratory
5. Passive Personality Principle - judgment
determines jurisdiction by reference to 2. Judgment
the nationality or the national character without
injured by the offense affirmative
relief, e.g.
NOTE: The Philippine conflict rule on dismissal of
criminal liability follows territoriality principle complaint;
with a mixture of protective principle (RPC, 3. Judgment
Art. 2). which
determines
parties
END OF TOPIC
CONFLICT OF LAWS Recognition and Enforcement of Foreign Judgment

NOTE: Philippine conflict rules on foreign


interest in a judgments follow the Anglo-American
thing or system of limited or qualified recognition,
status (quasi to wit:
in rem
action), e.g. The judgment or final order of foreign
divorce, country may be repelled by evidence of:
adoption, (JN-C-FM)
quieting of 1. want of jurisdiction,
title 2. want of notice to the party,
3. collusion,
4. fraud, or
B. REQUISITES FOR RECOGNITION 5. clear mistake of law or fact. (ROC, Rule
39, Sec. 48)
OR ENFORCEMENT OF FOREIGN
JUDGMENT
D. GROUNDS FOR REFUSAL OF
1. Foreign judgment was rendered by a
RECOGNITION AND
judicial or quasi-judicial tribunal which ENFORCEMENT OF AN ARBITRAL
has jurisdiction over the parties and the AWARD:
case in the proper judicial proceedings;
2. The judgment must be valid under the 1. At the request of the party against
laws of the court that rendered it; whom it is invoked (IV-NU-DICS)
3. The judgment must be final and
executory to constitute res judicata in 1. The parties to the agreement were
another action; under some incapacity, or the said
4. The State where the foreign judgment agreement is not valid under the law to
was obtained allows recognition or which the parties have subjected it or,
enforcement of Philippine judgments failing any indication thereon, under
(reciprocity requirement); the law of the country where the award
5. The judgment must specify the was made; or
performance or delivery (e.g. in a suit for 2. The party against whom the award is
collection of money, the award must be invoked was not given proper notice of
a fixed sum) the appointment of the arbitrator or of
6. The judgment must not be contrary to the arbitration proceedings or was
the public policy or good morals of the otherwise unable to present his case;
country where it is sought to be or
enforced; 3. The award deals with a difference not
7. The judgment must not have been contemplated by or not falling within
obtained by fraud, collusion, mistake of the terms of the submission to
fact or law. arbitration, or it contains decisions on
matters beyond the scope of the
NOTE: The fraud available against a foreign submission to arbitration, provided
a judgment is extrinsic fraud. that, if the decisions on matters
submitted to arbitration can be
C. DEGREE OF CONCLUSIVENESS separated from those not so
OF JUDGMENT submitted, that part of the award which
contains decisions on matters
1. Judgment in Rem - conclusive upon the submitted to arbitration may be
title of the thing recognized and enforced; or
2. Judgment in Personam presumptive 4. The composition of the arbitral
evidence of a right as between the authority or the arbitral procedure was
parties and their successors in interest not in accordance with the agreement
by a subsequent title. of the parties, or, failing such
agreement, was not in accordance
CONFLICT OF LAWS Recognition and Enforcement of Foreign Judgment

with the law of the country where the


arbitration took place; or
5. The award has not yet become binding
on the parties, or has been set aside
or suspended by a competent
authority of the country in which, or
under the law of which, that award was
made.

2. Based on the finding of the


competent authority in the country
where recognition and enforcement
is sought

1. The subject matter of the difference is


not capable of settlement by arbitration
under the law of that country; or
2. The recognition or enforcement of the
award would be contrary to the public
policy of that country (New York
Convention on the Recognition and
Enforcement of Foreign Arbitral
Awards, Article V).

END OF TOPIC

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