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CONFLICTS OF LAWS; Definition:

Forcible: include
1. That part of the law of each state or nation which s severance of
determines whether, in dealing with a legal situation, diplomatic
the law or some other state or nation will be relations,
recognized, given effect, or applied (16 Am Jur, 2d, retorsions,
Conflict of Laws, §1). reprisals,
embargo, boycott,
2. That part of municipal law of a state which directs its non-intercourse,
courts and administrative agencies, when confronted pacific blockades,
with a legal problem involving a foreign element, collective
whether or not they should apply a foreign law/s measures under
(Paras). the UN Charter,
and war.
DISTINGUISHED FROM PUBLIC INTERNATIONAL LAW
SOURCES:
CONFLICT LAW OF
BASIS OF LAW NATIONS Direct:

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:

Lex Domicilii – law of the domicile; in conflicts, the law of one’s

Generally domicile applied in the choice of law questions
Private affected by public
transaction interest; those in Lex Fori – law of the forum; that is, the positive law of the state,
s between general are of country or jurisdiction of whose judicial system of the court
Transaction private interest only to where the suit is brought or remedy is sought is an integral part.
3 s involved individuals sovereign states 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)
May be peaceful
or forcible Lex Loci – law of the place

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

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
2
 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
give protection 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
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may give rise to the existence of a right if the laws of

Family Code (bigamous
that state crated such right.
& incestuous marriages)
3. Theory of Local Law– adherents of this school of & consular marriages
thought believe that we apply foreign law not because
it is foreign, but because our laws, by applying similar Lex loci
rules, require us to do so; hence, it is as if the foreign celebrationis EXCEPT if
law has become part & parcel of our local law the marriage is:
4. Theory of Harmony of Laws – theorists here insist 1. Highly immoral
that in many cases we have to apply the foreign laws (like bigamous/
so that wherever a case is decided, that is, irrespective polygamous
of the forum, the solution should be approximately the marriages)
same; thus, identical or similar solutions anywhere &
everywhere. When the goal is realized, there will be 2. Universally
“harmony of laws” considered
incestuous
5. Theory of Justice – the purpose of all laws, including (between
Conflict of Laws, is the dispensing of justice; if this can brother-sister,
be attained in may cases applying the proper foreign and
law, we must do so Between ascendants-
Rules on Status in General Foreigners descendants)

Factual Situation Point of Contact Apply 1 (b) to uphold

Beginning of personality
1 of natural person
Ways & effects
2 emancipation
Mixed validity of marriage
National law of the
child (Article 15, CC) National law (Article 21,
FC) PROVIDED the
marriage is not highly
of
Between immoral or universally
Same
Foreigners considered incestuous)

3 Age of majority Same

National law of Filipino
Celebrated (otherwise public policy
Use of names and in RP Mixed may be militated against)
4 surnames Same
Marriage by
5 Use of titles of nobility Same proxy
(NOTE: a
marriage by
6 Absence Same proxy is
considered
Lex fori (Article 43, celebrated Lex loci
390, 391, CC; Rule where the celebrationis (with
Presumptive death & 131 §5 [jj], Rules of proxy prejudice to the
7 survivorship Court) appears foregoing rules)

Rules on Marriage as a Contract Rules on Marriage as a Status

FACTUAL FACTUAL
SITUATION POINT OF CONTACT SITUATION POINT OF CONTACT

Lex loci celebrationis is National of

without prejudice to the Personal rights & husband(Note: Effect of
exceptions under obligations between subsequent change of
Celebrated Between 1 husband & wife nationality:
Abroad Filipinos Articles 25, 35 (1, 4, 5 &
6), 36, 37 & 38 of the
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1. If both will have a intentionis)NOTE: th

new nationality – e mortgage itself is
the new one governed by lex rei
sitae. There is a
2. If only one will possibility that the
change – the last principal contract is
common valid but the
nationality mortgage is void; or it
may be the other way
3. If no common
around. If the
nationality –
principal contract is
nationality of
void, the mortgage
husband at the
will also be void (for
time of wedding)
lack of proper cause
or consideration),
National law of husband although by itself, the
without prejudice to what mortgage could have
the CC provides been valid.
concerning REAL property
located in the RP (Article
Tangible personal property (choses in possession)
80) (NOTE: Change of
nationality has NO
EFFECT. This is Lex rei sitae (Article.
the DOCTRINE OF 1 In General 16, CC)
IMMUTABILITY IN THE
Property relations MATRIMONIAL
2 bet husband & wife PROPERTY REGIME) EXCEPTION: same
as those for real
Rules on Property property EXCEPT
that in the example
concerning
POINT OF
mortgage, the same
FACTUAL SITUATION CONTACT
Exceptions: sam must be changed to
e as those for pledge of personal
Lex rei sitae (Article real property property)
Real property 16, CC)
Means of
National law of Transportation
Successional decedent (Article 16
rights par. 2, CC)
Law of the flag (or in
some cases, place of
National law of Vessels registry)
Capacity to decedent (Article.
succeed 1039)
Law of the depot
(storage place for
Contracts The law intended will supplies or resting
involving real be the proper law of 2 Other means place)
property which the contract (lex loci
do not deal with voluntantis or lex loci
Things
the title thereto intentionis)
in transitu (these
things have a
The principal changing status
contract (usually because they
Contracts where
loan) is governed by 3 move)
the real property
Exception is given as the proper law oft the
s security contract – (lex loci
voluntatis or lex loci
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Loss, Law of the determines its

destruction, destination (Article. negotiability)
deterioration 1753, CC)

In general, situs of the

Locus regit Validity of transfer, instrument at the time of
actum (where delivery or negotiation transfer, delivery or
Validity & effect seized) – because 6 of the instrument negotiation
of the seizure of said place is their
the goods temporary situs
Effect on a
corporation of the sale Law of the place
Lex loci 7 of corporate shares incorporation
volutantis or lex loci
Disposition or intentionis– because
alienage of the here there is a Lex loci voluntatis or lex
goods contract loci intentionis (proper
law of the contract) – for
this is really a contract;
Effect between the usually this is the place
parties of the sale of where the certificate is
FACTUAL SITUATION POINT OF CONTACT 8 corporate shares delivered)

INTangIBLE PERSONAL Taxation on the

PROPERTY (CHOSES IN dividends of Law of the place of
ACTION) 9 corporate shares incorporation

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)

Law of the place that

Lex loci voluntatis or lex 11 Franchises granted them
Voluntary assignment loci intentionis(proper
2 of debts law of the contract)
Goodwill of the Law of the place where
business & taxation the business is carried
Other Theories: 12 thereto on
1. National law of the debtor or creditor
In the absence of a
2. Domicile of the debtor or creditor
treaty, they are
3. Lex loci celebrationis protected only by the
state that granted
4. Lex loci solutionis themNOTE: foreigners
may sue for
infringement of
3 Taxation of debts Domicile of creditor trademarks and trade
names in the RP ONLY
Lex situs of assets of the IF Filipinos are granted
debtor (for these assets Patents, copyrights, reciprocal concessions
Administration of can be held liable for the trademarks, trade in the state of the
4 debts debts) 13 names foreigners

The right embodied in

Negotiability or non- the instrument (for
negotiability of an example, in the case of Wills, Succession & Administration of Conflict Rules
5 instrument a Swedish bill of
exchange, Swedish law
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FACTUAL SITUATION POINT OF CONTACT Lex loci actus (of the

revocation) (Article.
1 If done in the RP 829)
Extrinsic Validity of Wills

If done OUTSIDE the

Lex nationalii OR lex RP
domicilii OR RP law (Article
Made by an alien 816, CC), OR lex loci
1 abroad celebrationis(Article 17(1)) Lex loci
celebrationis (of the
making of the will, NOT
Made by a Filipino Lex nationalii OR lex loci revocation), OR lex
1. By a NON-
2 abroad celebrationis(Article 815) domicilii(Article 829)
DOMICILIARY

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)

FACTUAL SITUATION POINT OF CONTACT

Probate of Wills Made Abroad

Extrinsic Validity of Joint Wills

(made in the same instrument) Lex fori of the RP
applies as to the
procedural
Lex nationalii (void, aspects, i.e., the will
Made by Filipinos even if valid where must be fully probated
1 abroad made) (Article 819) If not yet probated here & due execution
1 abroad must be shown
Valid if valid according
to lex domicilii or lex Lex fori of the RP again
loci applies as to the
celebrationis (Article procedural aspects;
2 Made by aliens abroad 819) must also be probated
here, but instead of
proving due execution,
Lex loci
generally it is enough
celebrationis therefore
to ask for the
void even if apparently
enforcement here of
allowed by Article 817
If already probated the foreign judgment
because the prohibition
2 abroad on the probate abroad
on joint wills is a clear
expression of public
3 Made by aliens in the RP policy Executors and Administrators

Lex nationalii of the Place where domiciled

deceased – regardless at death or incase of
of the LOCATION & non-domiciliary, where
NATURE of the 1 Where appointed assets are found
Intrinsic Validity of Wills property (Article 16 (2))

Co-extensive with the

Lex nationalii of the qualifying of the
deceased – not of the appointing court –
Capacity to Succeed heir (Article 1039) powers may only be
exercised within the
2 Powers territorial jurisdiction of
Revocation of Wills
the court
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concernedNOTE: 3. Lex loci solutionis (law of the place of

Rules on Obligation and Contracts
FACTUAL SITUATION
these rules also apply performance) (defect: there may be several
to principal, places of performance
domiciliary, or ancillary
administrators & 4. Prof Minor’s solution:
receivers even in non-
5. Perfection – lex loci celebrationis
successive cases
6. Cause or consideration – lex loci considerations
7. Performance – lex loci solutionis (defect: this
theory combines the defect of the others)
POINT OF CONTACT

Rules on Torts
Lex loci
celebrationis (Article FACTUAL SITUATION POINT OF CONTACT
Formal or Extrinsic Validity 17 {1})

Lex loci delicti (law of the

Exceptions place where the delict was
committed)NOTE: liability
1. Alienation & for foreign torts may be
encumbrance of enforced in the RP if:
property Lex situs (Article 16 [1]) Liability & damages for
1. The tort is not
torts in
penal in character
generalNOTE: The locus
1. Consular Law of the RP (if made delicti (place of 2. If the enforcement
contracts in RP consulates) commission of torts) is of the tortious
faced by the problem of liability won’t
National law (Article characterization. In civil contravene our
15) without prejudice to law countries, the locus public policy
the case of Insular delicti is generally where
Government v Frank the act began; in common 3. If our judicial
13 P 236, where the SC law countries, it is where machinery is
Capacity of Contracting adhered to the theory the act first became adequate for such
Parties of lex loci celebrationis effective enforcement

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

2. Nationality theory – country which the criminal is

Other Theories are: citizen or a subject
1. Lex loci celebrationis (defect: this makes possible 3. Real theory – any state whose penal code has
the evasion of the national law) been violated has jurisdiction, where the crime
was committed inside or outside its territory
2. Lex nationalii (defect: this may impede
commercial transactions) 4. Protective theory – any state whose national
interests may be jeopardized has jurisdiction so
that it may protect itself
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5. Cosmopolitan or universality theory – state where Where published or

the criminal is found or which has his custody has 7 Libel circulated
jurisdiction

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)

Where the conspiracy Formation of the

Conspiracy to commit was formed (not corporation
treason, rebellion, or where the overt act of (requisites); kind
seditionNOTE: Other treason, rebellion or of stocks, transfer
conspiracies are NOT sedition was of stocks to bind
6 penalized by our laws committed) the corporation,
issuance, amount Law of the place of
&
3. legality & incorporation
dividends, powers
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& duties of of the firm; the (Article 15 of the Code of

members, capacity to Commerce) (Subject to the
stockholders and contract; liability exceptions given above as in
officers of the firm & the the case of corps.)
partners to
3rd persons
Validity of Law of the place of
corporate acts & incorporation & law of the
contracts place of performance (the act Creation of
(including ultra or contract must be authorized branches in the
vires acts) by BOTH laws) RP; validity &
effect of the
branches’
Right to sue &
commercial RP law (law of the place where
amenability to
transaction; & the branches were created)
court processes &
jurisdiction of the (Article 15, Code of
suits against it Lex fori
court Commerce)

Law of the place of

incorporation provided that the
Manner & effect of public policy of the forum is not
dissolution 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
Domicile principal functions (Article. 15)
Principal receiver is appointed
by the courts of the state of
incorporation; ancillary
receivers, by the courts of any
state where the corporation
Receivers has assets (authority is CO-
(appointment & EXTENSIVE) w/ the authority
powers) 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)
Dissolution,
winding up, &
termination of
branches in the RP law (Article 15, Code of
RP 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
Domicile principal functions (Article. 15)
RP law insofar as the assets in
the RP are concerned can be
exercised as such only in the
Receivers RP
Foundations
(combination of capital
independent of Personal law of the foundation
individuals, usually not (place of principal center of
for profit) administration)

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 existence or The personal law of the

non-existence of partnership, i.e., the law of the
legal personality place where it was created