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CONFLICT OF LAWS Introduction
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CONFLICT OF LAWS Choice of Law
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
1. Jurisdiction
2. Choice of law
3. Recognition and enforcement of judgments (Raytheon International v. Rouzie, G.R. No.
162894, 2008)
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)
It is the competence of a court to render decision that will bind the parties to the suit.
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)
END OF TOPIC
TOPICS UNDER THE SYLLABUS
B. Foreign law
1.Proof of foreign law
2.Exceptions to the application of foreign 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).
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.
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.
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.
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. 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
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
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
END OF TOPIC