Professional Documents
Culture Documents
1. Constitutions
Municipal in International in
1 Nature character character 2. Codifications
1. Special Laws
Dealt with
by private 2. Treaties and Conventions
individuals; Sovereign states 3. Judicial Decisions
governs and other entities
individuals possessing 4. International Customs
in their international
private personality, e.g., Indirect:
transaction UN; governs
1. Natural moral law
s which states in their
involve a relationships 1. Work of writers
Persons foreign amongst
2 involved element themselves TERMS:
Peaceful: Lex Loci Contractus – the law of the place where the contract
includes was made or law of the place where the contract is to be
diplomatic governed (place of performance) which may or may not be the
negotiation, same as that of the place where it was made
tender & exercise
of good offices, Lex Loci Rei Sitae – law of the place where the thing or subject
mediation, inquiry matter is situated; the title to realty or question of real estate law
& conciliation, can be affected only by the law of the place where it is situated
arbitration, Lex Situs – law of the place where property is situated; the
judicial settlement general rule is that lands and other immovables are governed
Remedies Resort to by ICJ, reference by the law of the state where they are situated
and municipal to regional
4 Sanctions tribunals agencies Lex Loci Actus – law of the place where the act was done
2
Lex Loci Celebrationis – law of the place where the contract is Article 829 of the Civil Code – makes revocation done
made outside Philippines valid according to law of the place
where will was made or lex domicilii
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 Article 819 of the Civil Code – prohibits Filipinos from
making joint wills even if valid in foreign country
Lex Loci Delicti Commissi – law of the place where the crime
took place 1. ii. The proper foreign law was not properly
pleaded and proved
Lex Mereatoria – law merchant; commercial law; that system of
laws which is adopted by all commercial nations and constitute NOTICE AND PROOF OF FOREIGN LAW
as part of the law of the land; part of common law
As a general rule, courts do not take judicial notice of
Lex Non Scripta – the unwritten common law, which includes
foreign laws; Foreign laws must be pleaded and proved
general and particular customs and particular local laws
Nationality Theory – by virtue of which the status and capacity 1. The case falls under any of the exceptions to the
of an individual are generally governed by the law of his application of foreign law
nationality. This is principally adopted in the RP
Exceptions to application of foreign law:
Domiciliary Theory – in general, the status, condition, rights,
obligations, & capacity of a person should be governed by the (a) The foreign law is contrary to the public policy of the forum
law of his domicile.
(b) The foreign law is procedural in nature
Long Arm Statutes – Statutes allowing the courts to exercise
(c) The case involves issues related to property, real or
jurisdiction when there are minimum contacts between the non-
personal (lex situs)
resident defendant and the forum.
(d) The issue involved in the enforcement of foreign claim is
WAYS OF DEALING WITH A CONFLICTS PROBLEM:
fiscal or administrative
1. Dismiss the case for lack of jurisdiction, or on the
(e) The foreign law or judgment is contrary to good morals
ground of forum non-conveniens
(contra bonos mores)
DOCTRINE OF FORUM NON CONVENIENS – the forum is
(f) The foreign law is penal in character
inconvenient; the ends of justice would be best served by trial in
another forum; the controversy may be more suitably tried (g) When application of the foreign law may work undeniable
elsewhere injustice to the citizens of the forum
1. Assume jurisdiction and apply either the law of the (h) When application of the foreign law might endanger the vital
forum or of another state interest of the state
1. i. A specific law of the forum decrees 2. APPLY FOREIGN LAW – when properly pleaded and
that internal law should apply proved
1. APPLY INTERNAL LAW – forum law should be THEORIES WHY FOREIGN LAW SHOULD BE GIVEN
applied whenever there is good reason to do so; there EFFECT
is a good reason when any one of the following factors
is present: 1. Theory of Comity – foreign law is applied because of
its convenience & because we want to
Examples: give protection to our citizens, residents, & transients
in our land
Article. 16 of the Civil Code – real and personal
property subject to the law of the country where they 2. Theory of Vested Rights – we seek to enforce not
are situated and testamentary succession governed foreign law itself but the rights that have been vested
by lex nationalii under such foreign law; an act done in another state
3
FACTUAL FACTUAL
SITUATION POINT OF CONTACT SITUATION POINT OF CONTACT
Recovery of debts or Where debtor may be Taxation on the Law of the place where
involuntary effectively served with income from the sale the sale was
assignment of debts summons (usually the 10 of corporate shares consummated
1 (garnishment) domicile)
Made by an alien in Lex nationalii OR lex loci Lex domicilii (RP law)
3 the RP celebrationis(Article 817)
1. By a OR lex loci actus (of
DOMICILIARY the revocation) (Article
2 of the RP 17)
Rules on Torts
Lex loci
celebrationis (Article FACTUAL SITUATION POINT OF CONTACT
Formal or Extrinsic Validity 17 {1})
Rules on Crimes
Exception
FACTUAL SITUATION POINT OF CONTACT
Alienation & Lex situs (Article 16
encumbrance of property {1}) Generally where
Essential elements of a crime committed (locus regit
Proper law of the and penalties actum)
contract – lex
Intrinsic validity (including contractus(in the broad Theories as to what court has jurisdiction:
interpretation of the sense), meaning
instruments, and amt. of the lex voluntatis or lex 1. Territoriality theory – where the crime was
damages for breach) loci intentionis committed
6. Passive personality theory – the state of which the Any place where the
victim is a citizen or subject has jurisdiction offense begins, exists
8 Continuing crime or continues
NOTE: In the RP, we follow the territoriality theory in
general; exception: Article 2, RPC, stresses the protective
theory Any place where any
of the essential
elements of the crime
The locus delicti of certain 9 Complex crime took place
crimes
Rules on Juridical Persons
Frustrated an Where the victim was
consummated, homicide, injured (not where the FACTUAL
murder, infanticide & aggressor wielded his SITUATION POINT OF CONTACT
1 parricide weapon)
Corporations
Where the intended
victim was (not where
General rule: the law of the
the aggressor was
place of
situated) – so long as
incorporationEXCEPTIONS:
the weapon or the
bullet either touched 1. For constitutional
him or fell inside the purposes – even of
2 Attempted homicide, etc. territory where he was the corporation was
incorporated in the
Where the illegal RP, it is nor deemed
marriage was a Filipino corporation
3 Bigamy performed & therefore can’t
acquire land, exploit
our natural
Where the property resources, 7 operate
was unlawfully taken public utilities unless
from the victim (not 60% of capital if
the place to which the Filipino owned
criminal went after the
commission of the 2. For wartime
4 Theft & robbery crime) purposes – we pierce
the corporation veil &
go to the nationality
Where the object of of the controlling
the crime was stockholders to
received (not where determine if the
the false corporation is an
Estafa or swindling thru representations were Powers and enemy (CONTROL
5 false representation made) liabilities TEST)
Partnerships