SMC-CONFLICTS OF LAW

COURSE OUTLINE
2018-2019

CHAPTER 1
Preliminary Consideration

1. Definition of Conflict of laws

2. Elements
3. Basic cause for Conflicts problem
4. Diversity in laws and interpretations
5. Conflict of Laws (Private Intl Law) distinguished from Law of Nations
(Public Intl Law)
6. Sources of Conflict of Laws

CHAPTER II
What the tribunals of the forum must do

1. Alternatives given to the court

2. The question of jurisdiction
3. Refusal to assume jurisdiction
4. Assumption of jurisdiction
5. Application of the Internal or domestic law
6. Exceptions to the application of the proper foreign law

CHAPTER III
Theories on why the foreign law may be given effect

1. Theory of Comity
2. Theory of Vested rights
3. Theory of Local Law
4. Theory of Harmony of laws
5. Theory of Justice

CHAPTER IV
The nature and proof of foreign Judgment

1. Nature of foreign judgment

2. Recognition and enforcement of foreign judgment distinguished
3. Reasons for the recognition of foreign judgments
4. reasons why not all foreign judgments can be recognized or enforced in
our country

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 5. Conditions and requisites before foreign judgments may be recognized
and enforced in the Philippines
6. Provisions of the rues of court on foreign judgments

CHAPTER V
Nature and Composition of Conflicts Rules

1. Nature of Conflicts Rules

2. kinds of Conflicts Rules
3. Composition of Conflicts Rules

CHAPTER VI
THE CHARACTERIZATION OF CONFLICTS RULES

• 1. What is characterization
• 2. Factors which give rise to the problem of characterization
• 3. Steps in Characterization
• Determination of the facts involved
• Characterization of the factual situation
• Determination of the conflicts rule which is o be applied
• Characterization of the point of contact or the connection factor
• Characterization of the problem as procedural or substantive
• Pleading and proving of the foreign law
• Application of the proper foreign law to the problem

Chapter VII
THE VARIOUS THEORIES ON STATUS AND CAPACITY

Status
Capacity
• Characteristics of Status
• Personal Law
• Defect of Personal Law

Theories on Personal Law

• The NATIONALITY Theory

• The DOMICILIARY Theory
• The SITUS Theory

Chapter VIII
The NATIONALITY Theory
Nationality
• Citizenship

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 • Defects of the Nationality Theory
• Citizens of the Philippines
• Jus soli
• Jus sanguinis
• Dual or Multiple Nationalities
• Theory of Effective Nationality
• Problem of Stateless Individuals
• Citizenship of Filipino Woman who Marries a Foreigner
• Citizenship of Foreign Woman who Marries a Filipino

Naturalization
1. Attributes of Naturalization
2. Qualifications for Naturalization
3. Steps in Naturalization proceedings
4. Cancellation of the Naturalization
5. Denaturalization proceedings
6. How may citizenship be lost?
7. How Philippine citizenship may be los
8. How Philippine citizenship may be reacquired?

Chapter IX-
THE DOMICILARY THEORY

1. DOMICILARY THEORY- defined

2. Domicile
3. Defects of the Theory
4. Domicile distinguished from Citizenship/Nationality
5. Importance of Knowing Domicile
6. Three kinds of Domicile
7. Domicile distinguished from Residence
8. Constitutional and Penal Safeguards on Domicile

Chapter X
THE SITUS OR ECLECTIC THEORY

Chapter XI
THE PROBLEM OF RENVOI

1. Renvoi Problem
2. Proposed Solutions
3. Transmission
4. Double Renvoi distinguished from Transmission
5. Implications Renvoi and Transmission
6. Argument in favor of the proposed solutions

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7. Illustrative Cases

Chapter XII
RULES ON STATUS IN GENERAL

1. Beginning of Personality of Natural Persons

2. Ways and Effects of Emancipation
3. Age of majority
4. Use of Names and Surnames
5. Titles of Nobility
6. Absence
7. Presumptions of Death and Survivorship
8. End of Personality
9. Legislative Jurisdiction distinguished from Judicial Jurisdiction

Chapter XIII
MARRIAGE AS A CONTRACT

1. Marriage defined
2. Aspects of Marriage
3. Rules on Marriage as a Contract
4. Marriage as a Contract
5. Formal requisites of Marriage In Conflict of Laws
6. Substantial or essential Requisites
7. Marriages celebrated abroad between Filipinos
8. Marriages celebrated abroad between Foreigners
9. Mixed Marriages celebrated abroad
10. Marriages celebrated in the Philippines between foreigners
11. Mixed Marriages in the Philippines
12. Marriages by Proxy
13. Contract of Marriage distinguished and Ordinary Contract

Chapter XIV
MARRIAGE AS A STATUS

1. Rules on Marriage as Status

2. Personal Rights and Obligations
3. Effect of Change of Nationality
4. Scope of personal relations between the husband and wife
5. Duties of Spouses
6. Rules on procedure
7. Property Relations between husband and wife
8. Matrimonial Property Regimes
9. Family Code vis-s-vis Corporation Code
10. Immutability of Matrimonial Property Regime Doctrine

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11. Immutability of the Regime distinguished from Mutability of the Law

Chapter XV
ANNULMENT OF VOIDABLE MARRIAGE AND
NULLITY OF VOID MARRIAGE

1. Rules on Annulment (Voidable M) and declaration of Nullity (Void M)

2. Annulment (Voidable M) distinguished from declaration of Nullity (Void M)
3. Grounds for Annulment and Nullity
4. Proper Courts
5. Church Annulments and Declarations of Nullity
6. Psychological Incapacity

Chapter XVI
ABSOLUTE DIVORCE

1. Rules for Absolute Divorce

2. Absolute Divorce Distinguished from Annulment
3. Kinds of Divorce
4. Rules Today for Absolute Divorce
5. Marriages Celebrated Abroad and Effect of Foreign Divorce

Chapter XVII
LEGAL SEPARATION

1. Grounds for Legal Separation

2. Legal separation distinguished from Absolute divorce
3. Legal separation distinguished from Annulment of Marriage
4. Residence Requirements
5. Our Internal Laws on Legal Separation
6. Defenses in LS
7. Effect of death During Pendency of the case

Chapter XVIII
PATERNITY AND FILIATION, ADOPTION,
GUARDIANSHIP AND FUNERALS

1. Pertinent Conflict of rules

2. Conflict rules on paternity and Filiation
3. Philippine Internal rules on Legitimation and Recognition
4. Doctrine of Immutability of status
5. Adoption: definition; Purpose
6. Conflicts Rules on Adoption
7. Validity of Foreign Decrees respecting adoption

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8. Guardianship (Person; property)
9. General Guardians
10. Guardianship Rules in the Philippines
11. Funerals

Chapter XIX
REAL AND PERSONAL PROPERTIES

1. Conflict rules on property

2. Real property
3. Scope of the Rules in the Case of Real property
4. Exceptions to the Rule in the Case of Real Property
5. Rationale for the Doctrine as Applied to personal property
6. Scope of the Theory for Personal property
7. ‘CHOSE’ Defined
8. Choses in Possession that Usually Move
9. Intangible Personal Property (Choses in Action)

Chapter XX
WILLS, SUCCESSION AND ADMINISTRATION

1. Synopsis of Conflicts Rules

2. Extrinsic and Intrinsic Validity of Wills in general
3. Extrinsic validity of Joint Wills
4. Intrinsic Validity of Wills
5. Theories on th proper law for the Transmisison of Successional Rights
6. Capacity to succeed
7. Revocation of Wills
8. Effect of Change of Nationality of the testator
9. Caduciary Rights
10. Probate
11. Probate of Wills Executed Abroad
12. Administration of estate f Deceased Persons
13. Conflict Rules on Administration
14. Trusts
Chapter XXI
OBLIGATIONS AND CONTRACTS

1. Obligations and Contracts

2. Conflict Rules for Specific Contracts
3. Definition of Obligations and Contract
4. From the Viewpoint of Conflict of Laws
5. Formal or Extrinsic Validity
6. Capacity of the Parties
7. Suggestions for Conflicts Rule on Capacity in General

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 8. Intrinsic Validity of Contract
9. Conflict Rules for Specific Contracts

Chapter XXII
TORTS (QUASI-DELICTS)

1. Synopsis of Conflicts rules

2. Tort Defined
3. Liability and Damages for Torts in General
4. Characterization of the Locus Delicti
5. Special Rules
6. Enforceability of Foreign Tort in the Philippines

Chapter XXIII
CRIMES

1. Synopsis of Conflicts Rules

2. Crimes Defined
3. Crimes distinguished from tort
4. Theories on Extra-Territorial Competence
5. Philippine Theory In Criminal law
6. Crimes Committed Aboard Public Vessel
7. Crimes Committed Aboard Private or Merchant Vessel
8. Some Military Bases Agreement

Chapter XXIV
JURIDICAL PERSONS
1.Synopsis of Conflict rules
2.Corporation defined
3.Theories on the Personal or Governing law of a Corporation
4.The Grandfather Rule
5.What the Personal Law of the Corporation Governs
6.Validity of Corporate Acts and Contracts
7.Right to Sue ad Amenability to Court Processes
8.Manner and effect of Dissolution
9.Domicile of a Corporation
10.Receivership of a Corporation
11.Partnerships
12.Conflict Rules on Partnerships
13.Receivership of a Partnership

CASES

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