CONFLICTS OF LAWS; Definition:

1. That part of the law of each state or nation which determines whether, in dealing with a legal situation, the law
or some other state or nation will be recognized, 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 administrative 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
BASIS CONFLICT OF LAW LAW OF NATIONS

1
Nature Municipal in character International in character

Sovereign states and other

Dealt with by private individuals; entities possessing international
governs individuals in their personality, e.g., UN; governs
2 Persons private transactions which states in their relationships
involved involve a foreign element amongst themselves

Generally affected by public

3 Transactions Private transactions between interest; those in general are of
involved private individuals interest only to sovereign states

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, non-intercourse,
pacific blockades, collective
4 Remedies measures under the UN
and Sanctions Resort to municipal tribunals Charter, and war.
SOURCES:

Direct:

1. Constitutions

2. Codifications

1. Special Laws
2. Treaties and Conventions
3. Judicial Decisions
4. International Customs

Indirect:

1. Natural moral law

1. Work of writers
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:
1. Dismiss the case for lack of jurisdiction, or on the ground of forum non-conveniens
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
1. Assume jurisdiction and apply either the law of the forum or of another state
1. i. A specific law of the forum decrees that internal law should apply
1. 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:
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
1. 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

1. 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

2. 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 giveprotection 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
Rules on Status in General
Factual Situation Point of Contact

1
Beginning of personality of natural person National law of the child (Article 15, CC)

2
Ways & effects of emancipation Same

3
Age of majority Same

4
Use of names and surnames Same

5
Use of titles of nobility Same

6
Absence Same
7 Lex fori (Article 43, 390, 391, CC; Rule
Presumptive death & survivorship 131 §5 [jj], Rules of Court)

Rules on Marriage as a Contract

FACTUAL SITUATION 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)
Between Filipinos & consular marriages

Lex loci celebrationis EXCEPT if the

marriage is:
1. Highly immoral (like bigamous/
polygamous marriages)
2. Universally considered incestuous
(between brother-sister, and
Celebrated
Between Foreigners ascendants-descendants)
Abroad
Mixed Apply 1 (b) to uphold validity of marriage

National law (Article 21, FC) PROVIDED

the marriage is not highly immoral or
Between Foreigners universally considered incestuous)
Celebrated
in RP National law of Filipino (otherwise public
Mixed policy may be militated against)

Marriage by proxy (NOTE: a marriage by

proxy is considered celebrated where the Lex loci celebrationis (with prejudice to
proxy appears the foregoing rules)

Rules on Marriage as a Status

FACTUAL SITUATION POINT OF CONTACT

National of husband(Note: Effect of

subsequent change of nationality:
1. If both will have a new nationality –
the new one
2. If only one will change – the last
common nationality
3. If no common nationality –
1 Personal rights & obligations between nationality of husband at the time
husband & wife of wedding)

National law of husband without

prejudice to what the CC provides
concerning REAL property located in the
RP (Article 80) (NOTE: Change of
nationality has NO EFFECT. This is
2 the DOCTRINE OF IMMUTABILITY IN THE
Property relations bet husband & wife MATRIMONIAL PROPERTY REGIME)

Rules on Property
FACTUAL SITUATION POINT OF CONTACT

Real property Lex rei sitae (Article 16, CC)

National law of decedent (Article 16 par.

Successional rights 2, CC)

Capacity to succeed National law of decedent (Article. 1039)

The law intended will be the proper law

Contracts involving real property which of the contract (lex loci voluntantis orlex
do not deal with the title thereto loci intentionis)

Exceptions Contracts where the real property is The principal contract (usually loan) is
 given as security 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)

EXCEPTION: same as those for real

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

Means of Transportation

Law of the flag (or in some cases, place

Vessels of registry)

2 Law of the depot (storage place for

Other means 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 temporarysitus

3 Lex loci volutantis or lex loci intentionis–

Disposition or alienage of the goods because here there is a contract

FACTUAL SITUATION POINT OF CONTACT

INTangIBLE PERSONAL PROPERTY (CHOSES IN

ACTION)

1 Recovery of debts or involuntary Where debtor may be effectively served

assignment of debts (garnishment) with summons (usually the domicile)

2 Lex loci voluntatis or lex loci

Voluntary assignment of debts intentionis(proper law of the contract)

Other Theories:
1. National law of the debtor or creditor
2. Domicile of the debtor or creditor
3. Lex loci celebrationis
4. Lex loci solutionis

3
Taxation of debts Domicile of creditor

Lex situs of assets of the debtor (for

4 these assets can be held liable for the
Administration of debts debts)
 The right embodied in the instrument (for
example, in the case of a Swedish bill of
5 Negotiability or non-negotiability of an exchange, Swedish law determines its
instrument negotiability)

6 Validity of transfer, delivery or In general, situs of the instrument at the

negotiation of the instrument time of transfer, delivery or negotiation

7 Effect on a corporation of the sale of

corporate shares Law of the place incorporation

Lex loci voluntatis or lex loci intentionis

(proper law of the contract) – for this is
8 Effect between the parties of the sale of really a contract; usually this is the place
corporate shares where the certificate is delivered)

9 Taxation on the dividends of corporate

shares Law of the place of incorporation

10 Taxation on the income from the sale of Law of the place where the sale was
corporate shares consummated

11
Franchises Law of the place that granted them

12 Goodwill of the business & taxation Law of the place where the business is
thereto carried on

In the absence of a treaty, they are

protected only by the state that granted
themNOTE: foreigners may sue for
infringement of trademarks and trade
names in the RP ONLY IF Filipinos are
13 Patents, copyrights, trademarks, trade granted reciprocal concessions in the
names state of the foreigners

Wills, Succession & Administration of Conflict Rules

FACTUAL SITUATION POINT OF CONTACT

Extrinsic Validity of Wills

Lex nationalii OR lex domicilii OR RP law

1 (Article 816, CC), OR lex loci
Made by an alien abroad celebrationis(Article 17(1))

2 Lex nationalii OR lex loci

Made by a Filipino abroad celebrationis(Article 815)

3 Lex nationalii OR lex loci

Made by an alien in the RP celebrationis(Article 817)

FACTUAL SITUATION POINT OF CONTACT

Extrinsic Validity of Joint Wills (made in the

same instrument)

1 Lex nationalii (void, even if valid where

Made by Filipinos abroad made) (Article 819)
 Valid if valid according to lex
2 domicilii orlex loci celebrationis (Article
Made by aliens abroad 819)

Lex loci celebrationis therefore void even

if apparently allowed by Article 817
3 because the prohibition on joint wills is a
Made by aliens in the RP clear expression of public policy

Lex nationalii of the deceased –

regardless of the LOCATION & NATURE of
Intrinsic Validity of Wills the property (Article 16 (2))

Lex nationalii of the deceased – not of

Capacity to Succeed the heir (Article 1039)

Revocation of Wills

1 Lex loci actus (of the revocation) (Article.

If done in the RP 829)

If done OUTSIDE the RP

Lex loci celebrationis (of the making of

the will, NOT revocation), OR lex
1. By a NON-DOMICILIARY domicilii(Article 829)

2 Lex domicilii (RP law) OR lex loci

1. By a DOMICILIARY of the RP actus (of the revocation) (Article 17)

Probate of Wills Made Abroad

Lex fori of the RP applies as to the

procedural aspects, i.e., the will must be
1 fully probated here & due execution must
If not yet probated abroad 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
2 for the enforcement here of the foreign
If already probated abroad judgment on the probate abroad

Executors and Administrators

Place where domiciled at death or incase

1 of non-domiciliary, where assets are
Where appointed found

Co-extensive with the qualifying of the

appointing court – powers may only be
exercised within the territorial
jurisdiction of the court concernedNOTE:
these rules also apply to principal,
2 domiciliary, or ancillary administrators &
Powers receivers even in non-successive cases

Rules on Obligation and Contracts

FACTUAL SITUATION POINT OF CONTACT

Formal or Extrinsic Validity Lex loci celebrationis (Article 17 {1})

Exceptions

1. Alienation & encumbrance of

property Lex situs (Article 16 [1])

1. Consular contracts Law of the RP (if made in RP consulates)

Capacity of Contracting Parties 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

Exception

Alienation & encumbrance of property Lex situs (Article 16 {1})

Intrinsic validity (including interpretation of Proper law of the contract – lex

the instruments, and amt. of damages for contractus(in the broad sense), meaning
breach) the lex voluntatis or lex loci intentionis

Other Theories are:

1. Lex loci celebrationis (defect: this makes possible the evasion of the national law)
2. Lex nationalii (defect: this may impede commercial transactions)
3. Lex loci solutionis (law of the place of performance) (defect: there may be several
places of performance
4. Prof Minor’s solution:
5. Perfection – lex loci celebrationis
6. Cause or consideration – lex loci considerations
7. Performance – lex loci solutionis (defect: this theory combines the defect of the
others)

Rules on Torts
FACTUAL SITUATION 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:
Liability & damages for torts in 1. The tort is not penal in character
generalNOTE: The locus delicti (place of 2. If the enforcement of the tortious
commission of torts) is faced by the problem liability won’t contravene our public
of characterization. In civil law countries,
policy
the locus delicti is generally where the act
began; in common law countries, it is where 3. If our judicial machinery is adequate
the act first became effective for such enforcement

Rules on Crimes
FACTUAL SITUATION POINT OF CONTACT

Generally where committed (locus regit

Essential elements of a crime and penalties actum)

Theories as to what court has jurisdiction:

1. Territoriality theory – where the crime was committed
2. Nationality theory – country which the criminal is citizen or a subject
3. Real theory – any state whose penal code has been violated has jurisdiction, where the
crime was committed inside or outside its territory
4. Protective theory – any state whose national interests may be jeopardized has
jurisdiction so that it may protect itself
5. Cosmopolitan or universality theory – state where the criminal is found or which has his
custody has jurisdiction
6. 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, homicide, Where the victim was injured (not where
murder, infanticide & parricide the aggressor wielded his weapon)
 Where the intended victim was (not where
the aggressor was situated) – so long as
the weapon or the bullet either touched
2 him or fell inside the territory where he
Attempted homicide, etc. was

3
Bigamy Where the illegal marriage was performed

Where the property was unlawfully taken

from the victim (not the place to which
4 the criminal went after the commission of
Theft & robbery the crime)

Where the object of the crime was

5 Estafa or swindling thru false received (not where the false
representation representations were made)

Conspiracy to commit treason, rebellion, Where the conspiracy was formed (not
6 or seditionNOTE: Other conspiracies are where the overt act of treason, rebellion
NOT penalized by our laws or sedition was committed)

7
Libel Where published or circulated

8 Any place where the offense begins, exists

Continuing crime or continues

9 Any place where any of the essential

Complex crime elements of the crime took place

Rules on Juridical Persons

FACTUAL SITUATION POINT OF CONTACT

Corporations

General rule: the law of the place of

incorporationEXCEPTIONS:
1. For constitutional purposes – even
of the corporation was
incorporated in the RP, 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 Filipino owned
2. 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
Powers and liabilities TEST)

Formation of the corporation (requisites);

kind of stocks, transfer of stocks to bind
the corporation, issuance, amount &
legality & dividends, powers & duties of
members, stockholders and officers Law of the place of incorporation

Law of the place of incorporation & law

of the place of performance (the act or
Validity of corporate acts & contracts contract must be authorized by BOTH
(including ultra vires acts) laws)
 Right to sue & amenability to court
processes & suits against it Lex fori

Law of the place of incorporation

provided that the public policy of the
Manner & effect of dissolution forum is not militated against

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
Domicile (Article. 15)

Principal receiver is appointed by the

Receivers (appointment & powers)
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:

1. Law of the place of incorporation (this is generally the RP rule)
2. Law of the place or center of management (center for administration or siege social)
(center office principle)
3. Law of the place of exploitation (exploitation centre or siege d’ exploitation)

Partnerships

The personal law of the partnership, i.e.,

The existence or non-existence of legal the law of the place where it was created
personality of the firm; the capacity to (Article 15 of the Code of Commerce)
contract; liability of the firm & the (Subject to the exceptions given above as
partners to 3rd persons in the case of corps.)

Creation of branches in the RP; validity &

effect of the branches’ commercial RP law (law of the place where branches
transaction; & the jurisdiction of the were created) (Article 15, Code of
court Commerce)

Dissolution, winding up, & termination of

branches in the RP RP law (Article 15, Code of Commerce)

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 established or
where it exercises its principal functions
Domicile (Article. 15)

RP law insofar as the assets in the RP are

concerned can be exercised as such only
Receivers in the RP

Foundations (combination of capital

independent of individuals, usually not for Personal law of the foundation (place of
profit) principal center of administration)

Forum non conveniens (Latin for "forum not agreeing") (FNC) is a (mostly) common law legal doctrine whereby
courts may refuse to take jurisdiction over matters where there is a more appropriate forum available to the parties.
As a doctrine of the conflict of laws,forum non conveniens applies between courts in different countries and between
courts in different jurisdictions in the same country.Forum non conveniens is not applicable between counties or
federal districts within a state.

A concern often raised in applications of the doctrine is forum shopping, or picking a court merely to gain an
advantage in the proceeding. This concern is balanced against the public policy of deferring to a plaintiff's choice of
venue in claims where there may be more than one appropriate jurisdiction. The underlying principles, such as
basing respect given to foreign courts on reciprocal respect or comity, also apply in civil law systems in the form of
the legal doctrine of lis alibi pendens.

Forum non conveniens is not exclusive to common law nations: the maritime courts of the Republic of Panama,
although not a common law jurisdiction, also have such power under more restrained conditions
A country, state, or other jurisdiction enacts laws which are interpreted and applied through a system of courts. The
laws applied by a particular system of courts or legal system are termed the lex fori, or law of the forum. As a matter
of civil procedure, courts must decide whether and in what circumstances they will
accept jurisdiction over parties and subject matter when a lawsuit begins. This decision will be routine, or not raised
at all, if the relevant elements of the case are within the territorial jurisdiction of the court. If one or more of the
parties resides outside the territorial jurisdiction or there are other factors which might make another forum more
appropriate, the question of jurisdiction must be settled.

Recently in Hasegawa v. Kitamura,[26] the Court outlined three consecutive phases

involved in judicial resolution of conflicts-of-laws problems, namely: jurisdiction, choice of
law, and recognition and enforcement of judgments. Thus, in the instances [27] where the Court
held that the local judicial machinery was adequate to resolve controversies with a foreign
element, the following requisites had to be proved: (1) that the Philippine Court is one to which
the parties may conveniently resort; (2) that the Philippine Court is in a position to make an
intelligent decision as to the law and the facts; and (3) that the Philippine Court has or is likely
to have the power to enforce its decision.[28]

On the matter of jurisdiction over a conflicts-of-laws problem where the case is filed in a
Philippine court and where the court has jurisdiction over the subject matter, the parties and
the res, it may or can proceed to try the case even if the rules of conflict-of-laws or the
convenience of the parties point to a foreign forum. This is an exercise of sovereign prerogative
of the country where the case is filed.[29]

Jurisdiction over the nature and subject matter of an action is conferred by the
Constitution and the law[30] and by the material allegations in the complaint, irrespective of
whether or not the plaintiff is entitled to recover all or some of the claims or reliefs sought
therein.[31] Civil Case No. 1192-BG is an action for damages arising from an alleged breach of
contract. Undoubtedly, the nature of the action and the amount of damages prayed are within
the jurisdiction of the RTC.

As regards jurisdiction over the parties, the trial court acquired jurisdiction over herein
respondent (as party plaintiff) upon the filing of the complaint. On the other hand, jurisdiction
over the person of petitioner (as party defendant) was acquired by its voluntary appearance in
court.[32]

That the subject contract included a stipulation that the same shall be governed by the
laws of the State of Connecticut does not suggest that the Philippine courts, or any other foreign
tribunal for that matter, are precluded from hearing the civil action. Jurisdiction and choice of
law are two distinct concepts. Jurisdiction considers whether it is fair to cause a defendant to
travel to this state; choice of law asks the further question whether the application of a
substantive law which will determine the merits of the case is fair to both parties. [33] The choice
of law stipulation will become relevant only when the substantive issues of the instant case
develop, that is, after hearing on the merits proceeds before the trial court.

Under the doctrine of forum non conveniens, a court, in conflicts-of-laws cases, may
refuse impositions on its jurisdiction where it is not the most convenient or available forum and
the parties are not precluded from seeking remedies elsewhere. [34] Petitioners averments of the
foreign elements in the instant case are not sufficient to oust the trial court of its jurisdiction
over Civil Case No. No. 1192-BG and the parties involved.

Moreover, the propriety of dismissing a case based on the principle of forum

non conveniens requires a factual determination; hence, it is more properly considered as a
matter of defense. While it is within the discretion of the trial court to abstain from assuming
jurisdiction on this ground, it should do so only after vital facts are established, to determine
whether special circumstances require the courts desistance.[35]

Finding no grave abuse of discretion on the trial court, the Court of Appeals respected its
conclusion that it can assume jurisdiction over the dispute notwithstanding its foreign elements.
In the same manner, the Court defers to the sound discretion of the lower courts because their
findings are binding on this Court.
 Raytheon v. Rouzie

It cannot be gainsaid, therefore, that the respondent is not obliged to support petitioner’s son under Article 195 of the
Family Code as a consequence of the Divorce Covenant obtained in Holland. This does not, however, mean that
respondent is not obliged to support petitioner’s son altogether.

In international law, the party who wants to have a foreign law applied to a dispute or case has the burden of proving the
foreign law.40 In the present case, respondent hastily concludes that being a national of the Netherlands, he is governed
by such laws on the matter of provision of and capacity to support.41 While respondent pleaded the laws of the
Netherlands in advancing his position that he is not obliged to support his son, he never proved the same.

It is incumbent upon respondent to plead and prove that the national law of the Netherlands does not impose upon the
parents the obligation to support their child (either before, during or after the issuance of a divorce decree), because
Llorente v. Court of Appeals,42 has already enunciated that:

True, foreign laws do not prove themselves in our jurisdiction and our courts are not authorized to take judicial notice of
them. Like any other fact, they must be alleged and proved.43

In view of respondent’s failure to prove the national law of the

Netherlands in his favor, the doctrine of processual
presumption shall govern. Under this doctrine, if the foreign
law involved is not properly pleaded and proved, our courts
will presume that the foreign law is the same as our local or
domestic or internal law.44
Thus, since the law of the Netherlands as regards the obligation to support has not been properly
pleaded and proved in the instant case, it is presumed to be the same with Philippine law, which enforces the obligation of
parents to support their children and penalizing the non-compliance therewith.

Moreover, while in Pilapil v. Ibay-Somera, 45 the Court held that a divorce obtained in a foreign land as well as its legal
effects may be recognized in the Philippines in view of the nationality principle on the matter of status of persons, the
Divorce Covenant presented by respondent does not completely show that he is not liable to give support to his son after
the divorce decree was issued.

Emphasis is placed on petitioner’s allegation that under the second page of the aforesaid covenant, respondent’s
obligation to support his child is specifically stated,46 which was not disputed by respondent.

We likewise agree with petitioner that notwithstanding that the national law of respondent states that parents have no
obligation to support their children or that such obligation is not punishable by law, said law would still not find
applicability, in light of the ruling in Bank of America, NT and SA v. American Realty Corporation,47 to wit:

In the instant case, assuming arguendo that the English Law on the matter were properly pleaded and proved in
accordance with Section 24, Rule 132 of the Rules of Court and the jurisprudence laid down in Yao Kee, et al. vs. Sy-
Gonzales, said foreign law would still not find applicability.

Thus, when the foreign law, judgment or contract is contrary to a sound and established public policy of the forum, the
said foreign law, judgment or order shall not be applied. Additionally, prohibitive laws concerning persons, their acts or
property, and those which have for their object public order, public policy and good customs shall not be rendered
ineffective by laws or judgments promulgated, or by determinations or conventions agreed upon in a foreign country.

The public policy sought to be protected in the instant case is the principle imbedded in our jurisdiction proscribing the
splitting up of a single cause of action. Section 4, Rule 2 of the 1997 Rules of Civil Procedure is pertinent —

If two or more suits are instituted on the basis of the same cause of action, the filing of one or a judgment upon the merits
in any one is available as a ground for the dismissal of the others.
Moreover, foreign law should not be applied when its application would work undeniable injustice to the citizens or
residents of the forum. To give justice is the most important function of law; hence, a law, or judgment or contract that is
obviously unjust negates the fundamental principles of Conflict of Laws.48

Applying the foregoing, even if the laws of the Netherlands neither enforce a parent’s obligation to support his child nor
penalize the noncompliance therewith, such obligation is still duly enforceable in the Philippines because it would be of
great injustice to the child to be denied of financial support when the latter is entitled thereto.

The term “universal jurisdiction” refers to the idea that a national court may prosecute individuals for any
serious crime against international law — such as crimes against humanity, war crimes, genocide, and torture
— based on the principle that such crimes harm the international community or international order itself, which
individual States may act to protect. Generally, universal jurisdiction is invoked when other, traditional bases
of criminal jurisdiction do not exist, for example: the defendant is not a national of the State, the defendant did
not commit a crime in that State’s territory or against its nationals, or the State’s own national interests are not
adversely affected.

The definition and exercise of universal jurisdiction varies around the world. A national or international court’s
authority to prosecute individuals for international crimes committed in other territories depends on the relevant
sources of law and jurisdiction, such as national legislation or an international agreement, which may, for
example, require that only individuals within the country’s national territory be subject to prosecution.