Conflicts of law

- Part of international law which deals with legal problems involving foreign element
concerning the conflict in the application of local and foreign laws, raised in a proper forum.

- That part of municipal law of a state which directs its courts and administrative agencies, when
confronted with a legal problem involving a foreign element, whether or not they should apply a foreign
law/s (Paras).

Elements
I. Legal problem involving foreign element—
--If there is no foreign element, there is no conflict of law.
- Foreign elements is a factual situation that cut across territorial lines and affected by diverse
laws of two or more states -- Saudia vs Morada
1. One or both litigant is alien
2. Cause of action arises in foreign state
- location of the res
- place of celebration
- place of the act
- place of the crime

II. Assumption of the proper forum

Cases involving COL, forum may:
1. Refuse - apply forum non conveniens, no COL
2. Assume- forum may apply the following:
a. local law -- lex fori
b. Foreign law - lex causae
c -- apply both -- Cadalin vs POEA

III. Conflict between local and foreign law

- if there is no conflict between the two, there is nothing to resolve.
- court can apply foreign law if properly pleaded and proved, application discretionary

IV. Choice of law to be applied- Which law applies?

- depends on the factual situation and connection of the foreign element, apply characterization
process of determining under what category a certain set of facts or rules falls.
- Purpose - to enable the forum to select the proper law.

SOURCES of COL
Direct sources
Art. 14, 15, 16, 1039, 1183, 1347
Article 26 of Family Code
Section 129 of Corporation Code
Treaties - Hague convention, Warsaw, COGSA
Jurisprudence
International Custom
General Principles of law
lex loci celebrationis
LEx loci actus
 LEx rei sitae/lex situs
lex loci delictus
lex loci contractus
lex domicilli
principle of territoriality
Kilberg doctrine

Indirect sources
foreign jurisprudence
journal of renowned legal writers.

OPTION OF FORUM IN CASE OF COL

1. Refuse - to do so would provide inconvenience to the forum
- if the only link is one of the respondent is a Filipino Citizen - MHC vs NLRC
- not all cases involving Filipino can be tried in local forum.

2. Assume jurisdiction - exercise of Sovereign Prerogative, if the court has jurisdiction of over the:
a. res
b. Subject matter
c. person- court has discretion to proceed on the case.

REQUISITE OF ASSUMPTION of JURISDICTION

1. The Philippine court is one to which the parties may conveniently resolve;
2. That the Philippine court is in the position to make an intelligent decision as to the laws and facts
3. The Philippine court has likely to have the power to enforce the decision - MHC vs. NLRC

COURT MAY APPLY

1. Local law - aznar vs. GARcia
2. Foreign law - Bellis vs BEllis
3. Apply both - Cadalin vs .POEA

CHOICE OF LAW
-depends on the factual situation
- different case, different application of law
- there is no hard rule in the application of law
- Foreign law has no extra-territorial effect-

1. JUSTIFICATION OF APPLICATION OF LOCAL LAWS

a. matter involving procedural law - apply law of the forum -based on lex fori
b. if foreign law is contrary to public policy of the forum
c. If application of foreign law or local law which give rights to the foreigner would result
injustice to our national - salvacion vs BCP
d. When court accept the renvoir - aznar vs Garcia
e. when most of the factual situation referes to phil jurisdiction- saudia vs morada.

2. JUSTIFICATION OF APPLYING FOREIGN LAWS

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

DISTINGUISHED FROM PUBLIC INTERNATIONAL LAW

1. Public – governs the relationship of states and international entities
2. Private – regulates private interactions across national frontiers; COL amount the laws of two or more states that
necessitates a determination of which municipal law applies to the case

Private International Law Public International Law

Source Domestic and municipal laws International conventions, customs general
principles of law recognized by civilized nations,
judicial decisions, writings of highly qualified
publicists
Similarity Not the same for all states The same for all states
Subjects Individuals and corporations States and international organizations
Transactions Between private individuals Generally affected by public interest
Remedies Resort to municipal tribunals May be peaceful (negotiation, arbitration, judicial
settlement) or forcible (embargo, boycott, pacific
blockade)

TERMS:
1. LEX DOMICILI
- law of the domicile; in conflicts, the law of one's domicile applied in the choice
of law questions

2. 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)

3. LEX LOCI
- law of the place

4. LEX LOCI CONTRACTUS (Intrinsic Validity)

- 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

5. 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
6. LEX SITUS
- law of the place where property is situated; the general rule is that lands and other immovable
are governed by the law of the state where they are situated

7. LEX LOCI ACTUS

- law of the place where the act was done

8. LEX LOCI CELEBRATIONIS (Extrinsic Validity)

- law of the place where the contract is made

9. 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

10. LEX LOCI DELICTI COMMISSI

- law of the place where the crime took place

11. 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

12. LEX NON SCRIPTA

- the unwritten common law, which includes general and particular customs and particular local
laws

13. LEX PATRIAE

- national law

RENVOIR 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
- reference is made back to the law of the forum- "remission"
- reference is made back to a third state - "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

2.Assume jurisdiction and apply either the law of the forum or of another state
a. APPLY INTERNAL LAW
- forum law should be applied whenever there is good reason to do so; there is a good
reason when any one of the following factors is present:
i.A specific law of the forum decrees that
internal law should apply
Examples:
Article. 16 of the Civil Code - real and personal property subject
to the law of the country where they are situated and
testamentary succession governed by lex nationalii

Article 829 of the Civil Code - makes revocation done

outside Philippines valid according to law of the place
where will was made or lex domicilii

Article 819 of the Civil Code - prohibits Filipinos from

making joint wills even if valid in foreign country

ii. The proper foreign law was not properly pleaded

or proved
a. N o t i c e & P r o o f o f F o r e i g n L a w
- As a general rule, courts do not take judicial notice of foreign laws;
they must be pleaded and proved
- For failure to plead and prove the foreign law, the court may:
a. Dismiss the case for inability to establish cause of action
b. Processual presumption
c. Apply the law of the forum

b. APPLY FOREIGN LAW – when properly pleaded and proved

1. Theory of Comity – foreign law is applied because of its convenience & because we
want to give protection to our citizens, residents, and transients
2. Theory of Vested Rights – to enforce not the 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 the state created such right
3. Theory of Local Law – we apply foreign law because our laws require us to do so, hence, it is
as if the foreign law has become part and parcel of our local law
4. Theory of Harmony of Laws – wherever a case is decided, irrespective of the forum, the
solution should be approximately the same; thus, identical or similar solutions anywhere and
everywhere
5. Theory of Justice – if justice can be attained applying the proper foreign law, we must do so as
this is the purpose of all laws
 RULES ON STATUS IN GENERAL
1. National law of the child (Art. 15, CC) – personality, emancipation, majority, use of names &
titles, absence
2. Presumptive death & survivorship – lex fori (Art. 43, 390-391, CC)

RULES ON MARRIAGE AS A CONTRACT

1. Celebrated abroad; b/n Filipinos – lex loci celebrationis
2. Celebrated abroad; b/n foreigners – lex loci celebrationis
3. Celebrated abroad; mixed – lex loci celebrationis
4. Celebrated in RP; b/n foreigners – National law (Art. 21, FC)
5. Celebrated in RP; mixed – National law of Filipino spouse
6. Marriage by proxy – lex loci celebrationis

RULES ON MARRIAGE AS A STATUS

1. Personal rights & obligations b/n H&W – nationality of H; or
a. If both will have new nationality – new one
b. If only one will change – last common nationality
c. If no common – nationality of H at the time of the wedding

2. Property relations b/n H&W – national law of H w/o prejudice to CC provisions on REAL
property located in RP (Change of nationality has no effect: Doctrine of immutability in the
matrimonial property regime)

RULES ON PROPERTY
1. Real property – lex rei sitae (Art. 16, CC)
Exceptions:
a. Successional rights – national law of decedent
b. Capacity to succeed – national law of the decedent
c. Contracts involving real property not dealing with the title – proper law of the
contract
d. Contracts where real property is given as security – proper law of the contract