Reviewer by Sempio-Dy

Conflict of Laws
Comprehensive reviewer of Sempio-Diy book
Chapter 1  Writings and treaties of thinkers and

famous writers
In General
Chapter 2
Conflict of Laws
That part of the municipal law of a state which directs its Jurisdiction and choice of law
courts and administrative agencies, when confronted with a
legal problem involving a foreign element, whether or not How one deals with a problem in Conflict of Laws
they should apply a foreign law or foreign laws 1. First, determine whether the court has jurisdiction
over the case.
Conflict of laws case  If it has no jurisdiction, the case should be
Any case which involves facts occurring in more than one dismissed
state or nation, so that in deciding the case, it is necessary  If it has jurisdiction, the court will
to make a choice between the laws of different states or determine whether it should assume
countries jurisdiction over the case or dismiss it on
the ground of forum non conveniens
Note: Conflict of laws is NOT part of international law.  It is the law of the forum that determines
Although it is sometimes thought of as part of international whether the court has jurisdiction over the
law because of the presence of a foreign element in a given case
problem, it is not international law in character but is part of 2. It will next determine whether to apply the internal
the municipal law of each state. By municipal law in Conflict law of the forum or the proper foreign law
of Laws is meant the internal or local law of each state.
Three kinds of jurisdiction
Conflict of laws vs. public international law 1. Jurisdiction over the subject matter
Public Conflict of laws 2. Jurisdiction over the person
International 3. Jurisdiction over the res
Law
As to persons Governs Governs private Jurisdiction over the subject matter
involved sovereign states individuals or  Conferred by law
and entities that corporations  Defined as the power to hear and determine cases
are internationally of the general class to which the proceedings in
recognized or question belong
possessed of  Cannot be conferred by consent of the parties or
international by their voluntary submission
personality  Must be invoked by filing the proper complaint or
As to nature International in Municipal in petition with the court.
character character
As to Applies only to Deals with Note: In the realm of Conflict of Laws, however, there
transactions transactions in transactions is another element which the court must consider in
involved which only strictly private in determining the matter of jurisdiction  the possible
sovereign states nature in which enforceability of its decision in foreign states, subject to
or entities with the country as the rights of said states.
international such has
personality are generally no Jurisdiction over the person
concerned and interest  The competence or power of a court to render a
which generally judgment that will bind the parties involved
affect public  Jurisdiction over the plaintiff: Acquired the
interest moment he invokes the power of the court by
As to remedies The concerned Recourse is had to instituting the action by the proper pleading
applied states may first judicial or  Jurisdiction over the defendant: Acquired when
resort to peaceful administrative he enters his appearance or by the coercive power
remedies. If these tribunals in of legal process exerted by the court over him 
remedies fail, the accordance with personal or substituted service of summons
states concerned the rules of o EX: If appearance is for the sole purpose
may resort to procedure of the of questioning the jurisdiction of the court.
forcible remedies country where
they sit Note: Question of erroneous service of summons must
be raised before judgment is rendered, or this would be
Sources of Conflict of Laws a case of waiver. Defective service may be cured by
1. Direct sources actual receipt of summons or if in any other manner,
 Treaties knowledge of the existence of the case
 International conventions
 Constitutions Jurisdiction over the Res
 Codifications and statutes  Jurisdiction over the particular subject matter in
 Judicial decisions controversy, regardless of the persons who may be
 International customs interested therein
2. Indirect sources  The basis of the exercise of this jurisdiction is the
 Natural moral law presence of the property within the territorial
Lesley Claudio (A 2012) Page 1 of 22

Conflict of Laws
jurisdiction of the forum even though the court 3. In any other manner that the court may deem
may not have personal jurisdiction over the sufficient, e.g., by registered mail
persons whose interests in the property are
affected
 The purpose of the suit is not to impose a persona Instances when court may refuse to exercise
liability on anyone but it is to affect the interests of jurisdiction over a case on the basis of forum non
all persons in a thing. conveniens
1. The evidence and the witnesses may not be readily
Jurisdiction in personam Jurisdiction over the res available in the forum
Binds only the parties and Binds the whole world 2. The court dockets of the forum may already be
their successors in interest clogged so that to permit additional cases would
hamper the speedy administration of justice
Actions quasi in rem 3. The belief that the matter can be better tried and
 The purpose is neither to impose a personal liability decided in another jurisdiction, either because the
in a thing nor to affect the interests of all persons main aspects of the case transpired there or the
in a thing, but to affect the interests of particular material witnesses have their residence there
persons in a thing. 4. To curb the evils of “forum shopping”  the non-
 An action affecting the personal status of the resident plaintiff might have filed the case in the
plaintiff is also classified as an action quasi in rem forum merely to secure procedural advantages or
to annoy or harass the defendant
Service of summons, how effected 5. The forum has no particular interest in the case 
1. In actions in personam the parties not being citizens of the forum or are
(1) Personal service residents elsewhere, or the subject matter of the
(2) Substituted service case evolved somewhere else
6. Other courts are open and the case may be better
Note: Service by publication would NOT be tried in said courts
sufficient 7. The inadequacy of the local judicial machinery for
effectuating the right sought to be enforced by the
2. Service by publication plaintiff
(1) Action in rem 8. The difficulty of ascertaining the foreign law
(2) Action quasi in rem applicable
(3) Action involves the personal status of
plaintiff Note: The doctrine should generally apply only if the
defendant is a corporation. For if the defendant is an
3. Extraterritorial service of summons individual, the proper forum may not be able to acquire
(1) When the defendant does not reside and jurisdiction over him, thus leaving the plaintiff without
is not found in the Philippines, and the any remedy.
action affects the personal status of the
plaintiff Three instances when the forum has to apply the
(2) When the defendant does not reside and internal or domestic law (lex fori) in deciding a case
is not found in the Philippines, and the in conflicts of law
action relates to or the subject of which is, 1. When the law of the forum expressly so provides in
property within the Philippines (real or its conflicts rules
personal), in which the defendant has a 2. When the proper foreign law has not been properly
claim, a lien or interest, actual or pleaded and proved
contingent 3. When the case involves any of the exceptions to
(3) When the defendant is a non-resident but the application of the proper foreign law (i.e.
the subject of the action is property exceptions to comity)
located in the Philippines in which the
relief demanded consists in excluding the Why foreign law cannot be applied if it has not been
defendant from any interest therein pleaded and proved
(4) When the property of a non-resident Our courts cannot take judicial notice of foreign laws
defendant has been attached in the
Philippines How a foreign law is proved under our Rules of Court
 While a writ of attachment may 1. Written law
be issued by the court, said (1) An official publication thereof
writ cannot be implemented (2) A copy of the law attested by the officer
until the court has acquired having legal custody of the record or by
jurisdiction over the non- his deputy, accompanied by a certificate
resident defendant of any Philippine embassy, consular, or
foreign service officer in the foreign
Extraterritorial service, how effected country where the record is kept, and
By leave of court: authenticated by the seal of his office
1. By personal service 2. Unwritten law
2. By publication, but copy of the summons and the (1) The oral testimony of expert witnesses
order of the court must be sent by registered mail (2) By printed and published books of reports
to the defendant’s last known address of decisions of the country involved if

Conflict of Laws
proved to be commonly admitted in its The vested-rights theory

courts Under this theory, our courts enforce not the foreign law or
foreign judgment but the right or rights that have been
Processual presumption of law vested under such law or judgment.
This rule means that when the proper foreign law has not  Rights once acquired should be enforced regardless
been properly proved, the court of the forum may presume of where the suit for its enforcement was filed.
that said foreign law is the same as its local or domestic
law, which it can now apply
Exceptions to the applications of a foreign law Theory of local law

1. When the application of the foreign law would run Under this theory, we apply a foreign law not because it is
counter to a sound and established public policy of foreign, but because our own law by applying a similar rule
the forum requires us to do so, hence it is as if the foreign law has
2. When the foreign law is contrary to the almost become part of our own internal or domestic law.
universally conceded principles of morality (contra
bonos mores) Theory of harmony of laws
3. When the foreign law involves procedural matters Under this theory, identical or similar problems should be
 EX: When the law is both procedural and given identical or similar solutions thus resulting in harmony
substantive of laws
4. When the foreign law is penal in character
 EX: A penal clause in a contract may Theory of justice
however be enforced here because such Since the purpose of all laws, including Conflict of Laws, is
clause is not criminal in nature but the dispensation of justice, the proper foreign law should be
provides only for liquidated damages applied in order to attain this objective
5. When the law is purely fiscal (i.e., revenue  The defect of this theory, however, is that different
producing) or administrative in nature persons may have different ideas of what is just
6. When the foreign law might work undeniable
injustice to the citizens or residents of the forum Note: No single theory contains the whole truth; no one
7. When the application of the foreign law would approach is completely valid. All of the theories have
endanger the vital interests of the State validity. This suggests that they are not entirely exclusive.
8. When the case involves real or personal property
located in our country Chapter 4
Nature and composition of conflicts rules
Chapter 3
Theories that justify the application of the foreign law Purely internal provision of law vs. conflicts rule
Purely internal provision Conflicts rule/ A
Theories that justify the application of the foreign law of law provision in conflict of
instead of domestic or internal law laws
1. Theory of comity Governs a domestic A provision found in our own
2. Vested right theory problem, i.e., one without a law which governs a factual
3. Theory of local law foreign element situation possessed of a
4. Theory of harmony of laws foreign element
5. Theory of justice Example: Art. 796  All Example: Art. 16  Real
persons who are not property as well as personal
Theory of comity expressly prohibited by law property is subject to the
According to this theory, no foreign law would be allowed to may make a will law of the country where it
operate in another state except by the comity of nations is situated
Comity Two kinds of conflicts rules

The recognition which one state allows within its 1. One-sided rule
territory, to the legislative, executive, or judicial acts of  Indicates when Philippine law will apply
another nation  Example: Article 15 of the CC  Laws
relating to family rights and duties, or to
Two principles upon which the theory of comity the status, condition, and legal capacity of
rests persons, are binding upon citizens of the
1. The comity based on reciprocity Philippines even though living abroad
2. The comity based on the persuasiveness of a 2. All-sided or multilateral rule
foreign judgment  Indicates whether to apply the local law or
 Our Civil Procedure still follows the the proper foreign law
principle of reciprocity because in  Example: Art. 16  Real property as well
Sec. 48, Rule 39, a foreign final as personal property is subject to the law
judgment or order “is presumptive of the country where it is situated
evidence of a right as between the
parties and their successors in Parts of every conflicts rule
interest 1. The factual situation – the set of facts or
situation presenting a conflicts problem because
there is a foreign element involved

Conflict of Laws
2. The point of contact or connecting factor – Characteristics of status

The law of the country with which the factual 1. It is conferred principally by the State, not by the
situation is most intimately connected individual
2. It is a matter of public interest or social interest
Note: The first part raises while the second part 3. Being a concept of social order, it cannot easily be
answers a legal question terminated at the mere will or desire of the parties
concerned
4. It is generally supposed to have a universal
character
Chapter 5
Characterization of conflict rules
Different theories on how the personal law of an
Characterization individual is determined
Otherwise known as “classification” or “qualification” is the 1. The nationality theory
process of assigning a certain set of facts or factual  Personal theory
situation to its proper or correct legal category. By  The status and capacity of a person are
characterizing the legal problem, the court of the parties determined by the law of his nationality or
involved reach the proper solution whether to apply the his national law
local law or the proper foreign law 2. The domiciliary theory
 Most writers hold that on the grounds of practical  By virtue of which the status and capacity
necessity and convenience, it is the forum or the of a person is determined by the law of his
lex fori that should determine the problem’s domicile
characterization unless the result would be a clear  Territorial theory
injustice 3. The situs or eclectic theory
 Views the law of a particular place or situs
Note: Modern trend is to consider prescriptive periods of an event or transaction as generally the
or Statute of Frauds that the parties had in mind at the controlling law
time the transaction took place
Note: The Philippines follows the nationality
theory.
Chapter 6
Persona law – Theories in determining one’s personal Nationality v. citizenship
law Nationality Citizenship
Refers to membership in a A citizen is one who owes
political community, one allegiance to and is entitled
Personal law.
that is personal and more or to the protection of the
That which attaches to him wherever he may go. The law
less permanent, not State
that generally governs his status, capacity, condition, family
temporary.
relations, and the consequences of his actuations. It may
be: In the field of Conflict of Laws, nationality and citizenship
1. National law are the same
2. Law of his domicile
3. Law of the situs
Chapter 7
Status vs. capacity The Nationality Theory
Status Capacity
Place of an individual in Only part of one’s status and Different kinds of citizenship in the Philippines
society and consists of may be defined as the sum 1. Natural born citizens
personal qualities and total of his rights and  Those who are citizens from birth without
relationships more or less obligations having to perform any act to acquire or
permanent, with which the perfect their Philippine citizenship
state and the community are
concerned Native-born Filipinos
Those born in the Philippines. Natural-born
Two kinds of capacity citizens may not be native-born if they were
1. Juridical capacity born abroad
 Passive capacity
 The fitness to be the subject of legal 2. Citizens by naturalization
relations  Those who were formerly aliens but by
2. Capacity to act judicial, legislative, or administrative
 Active capacity process, have become Filipino citizens
 The power to do acts with legal effects
Jus soli v. jus sanguinis
Jus soli Jus sanguinis
A person is a citizen of the It is citizenship by blood

Conflict of Laws
country where he was born

or of the country of his birth  This is the rule that we Naturalization
follow in the Philippines The process of conferring on an alien the citizenship of
another country by any of the means provided by law.
Note: Each country or state has the sole power and
authority to determine under its internal or municipal law Modes of acquiring Philippine citizenship by
who are its citizens or nationals naturalization
1. Judicial process
Dual allegiance under Sec. 5, Article IV of the  Com. Act No. 475 as amended by RA 530
Constitution 2. Legislative process
The provision in the Constitution (dual allegiance of citizens  When Philippine citizenship is conferred by
is inimical to national interest and shall be dealt with by a special act of Congress on deserving
law) is concerned not with dual citizenship per se but with aliens
naturalized citizens of the Philippines who still maintain their 3. Administrative process
allegiance to the countries of their origin.  RA 9139 or the Administrative
Effective nationality theory Naturalization Law of 2000
Within a third state, a person having more than one  Under this law, a Special Committee on
nationality shall be treated as if he had only one. Without Naturalization is created, with the power
prejudice to the application of its law in personal matters to approve, deny, or reject applications for
and of any conventions in force, a third state shall apply the naturalization filed with said Committee
nationalities which any such person possesses, recognize
exclusively in its territory either the nationality of the Derivative naturalization
country in which he is habitually and principally a resident, Philippine citizenship conferred on:
or the nationality of the country with which in the 1. The wife of a naturalized husband
circumstances he appears to be in fact mostly connected 2. The minor children of a naturalized father
 The law of the country of which the deceased was 3. The alien wife of a natural born or naturalized
both a citizen and a domiciliary at the time of her citizen, in the latter case, the marriage having
death is considered more effectively connected to taken place after the husband’s naturalization
her than her other national law.
Citizens of the Philippines under the 1987

Constitution
1. Those who are citizens of the Philippines at the
time of the adoption of this Constitution
2. Those whose fathers or mothers are citizens of the
Philippines
3. Those born before January 17, 1973, of Filipino
mothers, who elect Philippine citizenship upon
reaching the age of majority and
4. Those who are naturalized in accordance with law
Citizenship of a Filipino woman who marries a

foreigner
Citizens of the Philippines who marry aliens shall retain their
citizenship unless by their act or omission they are deemed,
under the law, to have renounced their Philippine citizenship
(Article 4, Sec. 4, 1987 Constitution)
Citizenship of an alien woman who marries a Filipino

husband
Under Sec. 15 of the Revised Naturalization Law (Com. Act
No. 475), an alien woman marrying a Filipino, native-born
or naturalized, becomes ipso facto a Filipino, provided she is
not disqualified to be a citizen of the Philippines under Sec.
4 of the same law.
 It is enough that an alien wife proves that she is
not disqualified to be a Filipino citizen not
necessarily in court but even before an agency like
the Immigration Commission
Note: An alien woman married to an alien husband

who (the husband) is subsequently naturalized also
follows the Philippine citizenship of her husband,
provided she does not suffer from any of the
disqualifications under Sec. 4 of the same Revised
Naturalization Law. This is a case of derivative
naturalization (similar to the minor children of a
naturalized Filipino citizen)

Conflict of Laws
Naturalization
Judicial naturalization under Com. Act. 475, Administrative naturalization under RA 9139 or
as amended the Administrative Naturalization Law of 2000
Qualifications 1. The petitioner must not e less than 21 years 1. The applicant must be born in the Philippines
of age on the date of the hearing of the and residing therein since birth
petition 2. The applicant must not be less than 18 years of
2. He must have, as a rule, resided in the age, at the time of filing of his/her petition
Philippines for a continuous period of not less 3. The applicant must be of good moral character
than 10 years and believes in the underlying principles of the
3. He must be of good moral character, and Constitution and must have conducted
believe in the principles underlying the himself/herself in a proper and irreproachable
Philippine Constitution, and must have manner during his/her entire period of
conducted himself in a proper and residence in the Philippines in relation with the
irreproachable manner during the entire duly constituted government as well as with the
period of his residence in the Philippines in community in which he/she is living
his relation with the constituted government 4. The applicant must have received his/her
as well as with the community in which he is primary and secondary education in any public
living school or private education institution duly
4. He must own real estate in the Philippines recognized by the DECS, where Philippine
worth not less than 5,000, Philippine history, government, and civics are taught and
currency, or must have some lucrative trade, prescribed as part of the school curriculum and
profession, or occupation where enrollment is not limited to any race or
5. He must be able to speak and write English or nationality: Provided, that should he/she have
Spanish and any one of the principal minor children of school age, he/she must have
languages and enrolled them in similar schools.
6. He must have enrolled his minor children of 5. The applicant must have a known trade,
school in any of the public or private schools business, profession, or lawful occupation, from
recognized by the Bureau of Private Schools which he/she derives income sufficient for
where Philippine history, government, and his/her support and if he/she is married and/or
civics are taught or prescribed as part of the has dependents, also that of his/her family:
school curriculum during the entire period of Provided, however, that this shall not apply to
the residence required of him, prior to the applicants who are college degree holders but
hearing of his petition for naturalization as are unable to practice their profession because
citizen they are disqualified to do so by reason of their
citizenship
6. The applicant must be able to read, write, and
speak Filipino or any of the dialects of the
Philippines, and
7. The applicant must have mingled with the
Filipinos and evinced a sincere desire to learn
and embrace the customs, traditions, and ideals
of the Filipino people
Disqualifications 1. Those opposed to organized government or affiliated with any association of group of person who
uphold and teach doctrines opposing all organized governments
2. Those defending or teaching the necessity of or propriety of violence, personal assault or
assassination for the success or predominance of their ideas
3. Polygamists or believers in the practice of polygamy
4. Those convicted of crimes involving moral turpitude
5. Those suffering from mental alienation or incurable contagious disease
6. Those who, during the period of their residence in the Philippines, have not mingled socially with
Filipinos, or who have not evinced a sincere desire to learn and embrace the customs, traditions, and
ideals of the Filipinos
7. Citizens or subjects of nations with whom the Philippines is at war
8. Citizens or subjects of a foreign country whose laws do not grant Filipinos the right to be naturalized
citizens or subjects thereof

Conflict of Laws
Loss of citizenship Domicile v. residence

Under Com. Act 63, as amended, a Filipino citizen may lose Domicile Residence
his citizenship in any of the following ways: Denotes a fixed, permanent Used to indicate a place of
1. By naturalization in a foreign country residence to which, when abode, whether permanent
2. By express renunciation of citizenship absent, one has the or temporary
3. By subscribing an oath of allegiance to support the intention of returning
constitution or laws of a foreign country upon Residence is not domicile, but domicile is residence coupled
attaining twenty-one years of age or more with intention to remain for an unlimited time
4. By accepting commission in the military, naval, or
air service of a foreign country Domicile v. citizenship
5. By cancellation of the certificate of naturalization Domicile Citizenship
6. By having been declared by competent authority, a Speaks of one’s permanent Indicates ties of allegiance
deserter of the Philippine armed forces in time of place of abode and loyalty
war, unless subsequently a plenary pardon or A person may be a citizen or national of one sate and a
amnesty has been granted; and domiciliary of another
7. In case of a woman, upon her marriage to a
foreigner, if, by virtue of the laws in force in her Note: The forum applies its own concept of domicile in
husband’s country, she acquires his nationality determining the domicile of a litigant before its courts (law
 Under the 1987 Constitution, however, of the forum/lex fori, NOT national law, is the law that
the woman retains her Philippine determines one’s domicile)
citizenship unless by her act or omission
she is deemed under the law to have
Different kinds of domicile
renounced her Philippine citizenship 1. Domicile of origin: The domicile assigned by law
to a person at the moment of his birth
Philippine citizenship, how reacquired 2. Constructive domicile or domicile by
Under C.A. 63, as amended, Philippine citizenship may be operation of law: The domicile assigned by law to
reacquired as follows: a person after birth on account of a legal disability,
1. By naturalization, provided the applicant possesses like minority, insanity, imprisonment, etc.
none of the disqualifications 3. Domicile of choice: The domicile of a person sui
2. By repatriation of deserters of the Army, Navy, or juris because he has his home there and to which,
Air Corps, Provided, that a woman who lost her whenever absent, he intends to return
citizenship by reason of her marriage to an alien
may be repatriated in accordance with the Principles regarding one’s domicile of choice
provisions of this Act after the termination of the 1. No person can ever be without a domicile or every
marital status natural person must have a domicile
3. By direct act of Congress 2. A person cannot have two simultaneous domiciles
3. A natural person, free (not a prisoner) and sui juris
RA 9225 – Citizenship Retention and Reacquisition (one of age and under no disability), can change
Act of 2003 his domicile at pleasure
Under this law, natural born Filipino citizens who had been 4. A domicile, once acquired, is retained until a new
naturalized in foreign countries are deemed to have one is gained
reacquired Philippine citizenship by taking an oath of 5. The presumption being in favor of the continuance
allegiance to the Philippine Constitution and laws. Those of an existing domicile, the burden of proof is on
who become naturalized in foreign countries after the the one who alleges that a change of domicile has
effectivity of the Act retain their Philippine citizenship upon taken place
taking the same oath 6. To acquire a new domicile of choice, the following
must concur:
Chapter 8 (1) Residence or bodily presence in the new
Domiciliary Theory locality
(2) An intention to remain there (animus
Domiciliary theory manendi) and
It is the theory whereby the status, condition, family rights (3) An intention not to return to the former
and obligations, and capacity of a person are governed by abode (animus non revertendi)
the law of his domicile or the lex domicilii
Rules determining one’s domicile of origin
Domicile If the child is legitimate His domicile of origin is that
It is the place where a person has his true, fixed, of his parents at the time of
permanent home, and principal establishment, and to his birth
which, whenever he is absent, he has the intention of
returning. If parents are separated, the
 Art. 50 of the CC: For the exercise of civil rights domicile of the custodial
and fulfillment of civil obligations, the domicile of parent
natural persons is the place of their habitual If the child is illegitimate His domicile of origin is that
residence of the mother at the time of
his birth
If the child is legitimated The domicile of his father at
the time of his birth controls

Conflict of Laws
If the child is adopted The domicile of origin is the place of employment as

domicile of his real parents their permanent residence
at the time of his birth, NOT
the domicile of the adopters
If a foundling The domicile of origin is the Chapter 9
country where it was found The situs or eclectic theory
Rules determining one’s constructive domicile

Situs or eclectic theory
MINORS The capacity, status, and family relations of a person are
1. If legitimate, the domicile of both parents governed not necessarily by the law of his nationality or the
 In case of disagreement, that of the law of his domicile but by the law of the place (situs) where
father, unless there is a judicial order to an important element of the problem occurs or is situated
the contrary
2. If illegitimate, the domicile of the mother Two kinds of participation of an individual under the
3. In case of absence or death of either parent, the situs or eclectic theory
domicile of the present parent. 1. If participation is active – When he does an act
 Even in case of remarriage of the voluntarily, the governing law is the law of the
surviving parent, still his/her domicile actual situs of the transaction or event
determines the constructive domicile of 2. If the participation is passive – When the
the minor child effects of the act are set forth or determined by
4. If the child is adopted, the domicile of choice of the law, the governing law is the law of the legal
adopter is the child’s constructive domicile situs, i.e., the domicile of the individual concerned
INSANES, IDIOTS, IMBECILES
The law assigns their domicile to them:
Chapter 10
1. If they are below the age of majority, the rules on
The problem of the “renvoi”
minors apply to them
2. If they are of age and have guardians, they follow
the domicile of choice of their guardians Renvoi
3. If they are of age and have no guardians, their  A French word which means “refer back” or
constructive domicile is their domicile of choice “return”
before they became insane  In Anglo-American countries, the term used is
MARRIED WOMEN “remission,” which means to refer a matter for
1. The constructive consideration or judgment
domicile of the wife is
the domicile of both When does the problem of renvoi arise?
spouses, unless the law The problem of renvoi arises when there is doubt as to
allows the wife to have a whether the reference by the lex fori (the law of the country
separate domicile for where the problem arises) to the foreign law involves:
valid and compelling 1. A reference to the internal law of the foreign law or
If the marriage is valid reasons 2. A reference to the entirety of the foreign law
2. If there is legal including its conflicts rules
separation between the  In such case, if the first state follows the
spouses, the wife can nationality theory, and the second state
have her own domicile of follows the domiciliary theory, the
choice problem of renvoi will most probably arise
3. If there is a separation
de facto, the wife can Four solutions the court can adopt when confronted
also have a separate with a renvoi problem
domicile 1. Reject the renvoi
Apply the same rules when  This means that the court does not want
If the marriage is the marriage is valid. the problem to be sent back to us.
voidable However, after annulment,  As in the case of the testate or intestate
the wife can freely select her succession of a foreigner but domiciled in
own domicile of choice our country, we would simply apply his
national law or the internal law of his
If the marriage is void The wife can have a domicile
country
separate from the husband
2. Accept the renvoi
OTHER PERSONS
 Accept the referral or transmission of the
Convict or prisoner His domicile is the one he
case back to us, so that instead of
had possessed prior to his
applying the foreign internal law,
incarceration
Philippine law is applied
Soldiers Their domicile is their  Single renvoi or single transmission
domicile before their 3. Follow the theory of desistment or the mutual
enlistment disclaimer of jurisdiction theory
Public officials or Their domicile is the one  Refrain from applying the national law of
employees abroad they had before they were the deceased foreigner, although our law
(diplomats, etc) assigned elsewhere, unless tells us to do so.
they voluntarily adopt their

Conflict of Laws
 If said law follows the domiciliary theory Civil personality, when extinguished
and directs that we apply the law of the Art. 42 of the NCC: Civil personality is extinguished by
domicile of the deceased, so in the end, death
we still apply Philippine law  Refers to physical death not civil death
 A declaration of death in accordance with one’s
4. Apply the foreign court theory personal law (whether his national law or the law
 We would simply do what the foreign of his domicile) by a court of competent jurisdiction
court would do if confronted with the is considered valid for all purposes
same case
 Advantage of this theory is that regardless Absence, defined
of the forum, the applicable law will be the A special legal status pertaining to a person who has
same disappeared from his domicile, his whereabouts being
 Can also result in international ping pong unknown, without leaving an agent to administer his
property or even if he had left an agent, the power
Double renvoi conferred by the absentee on the agent has expired
This occurs when the local court, in adopting the foreign  One status of being absent is determined in
court theory, discovers that the foreign court accepts the accordance with his personal law
“renvoi.” But since the foreign law remits the case to  Our own courts also have jurisdiction to declare an
Philippine law, being the law of the deceased’s domicile, the alien domiciliary in the Philippines as absent
foreign court may discover that Philippine law does not
accept the remission (as it applies the national law of the Judicial declaration of absence under Philippine law
deceased) so the foreign court, sitting as a Philippine court, After the lapse of two years without any news about the
would still apply its own internal law. This is then what our absentee or since the receipt of the last news, and five
court will apply. years if the absentee has left an administrator of his
property, his absence may be declared
Theory of transmission v. renvoi
Theory of transmission Renvoi Instances when an absentee may be presumed dead
Transmission is the process Renvoi means to refer a and for what purposes
of applying the law of a matter for consideration or 1. For purposes of remarriage – the absentee may
foreign state thru the law of judgment be presumed dead after four years of absence,
a second foreign state the present spouses having a well-founded belief
Transmission involves three Renvoi involves two laws that the absentee is already dead
laws  However, in case of disappearance where
there is danger of death, an absence of 2
years is enough
Chapter 11
2. For all other purposes EXCEPT succession – an
Conflict rules on status and capacity
absence of seven years, it being unknown whether
or not the absentee still lives
When human personality begins under our law 3. For the purpose of succession – an absence of
 Art. 40, NCC: Birth determines personality, but 10 years is required, except if the absentee
the conceived child shall be considered born for all disappeared after the age of 75 years, in which
purposes that are favorable to it, provided it be case an absence of 5 years is enough to open his
born later with the conditions specified in the succession
following article
 Art. 41, NCC: For civil purposes, the fetus is What determines the age of majority in Conflict of
considered born if it is alive at the time it is Laws?
completely delivered from the mother’s womb. It is the personal law of the person that determines whether
However, if the fetus had an intra-uterine life of he has reached the age of majority or not.
less than 7 months, it is not deemed born if it dies
within 24 hours after its complete delivery from the Our conflicts rules on capacity to contract
maternal womb A person’s capacity to contract is governed by his personal
law, whether it is the lex nationalii or the lex domicilii
Personality really begins at conception, subject to the  EX: Contracts involving real or personal property in
following conditions: which cases the lex situs or lex rei sitae applies
1. The purpose is favorable to the fetus including the capacity of the contracting parties
2. If it is born alive under Art. 41 of the NCC
Note: It is suggested that Article 15 of the CC applying the
Two kinds of children nationality theory be limited to strictly family and domestic
1. Ordinary – With an intra uterine life of at least 7 transactions, while the law governing the contract should
months govern ordinary day-to-day business contracts.
2. Extraordinary – With an intra-uterine life of less
than 7 months, in which case it must live for at Change of names and surnames
least 24 hours after complete delivery from the A change of name is a special proceeding to establish the
mother’s womb status of a person involving his relation with others. Aliens
can ask for change of name in the Philippines, provided they
Note: In Conflict of Laws, personal law determines the are domiciled here.
beginning of one’s personality.

Conflict of Laws
 But an alien whose citizenship is either began. But the marriage must not be contra bonos mores or
controverted or doubtful cannot ask for a change of universally considered incestuous
name
Foreign marriages of Filipinos
Legislative jurisdiction vs. judicial jurisdiction over GR: Under Art. 26 of the Family Code, all marriages outside
one’s status the Philippines in accordance with the laws in force in the
Legislative jurisdiction Judicial jurisdiction country where they were solemnized and valid there as
Legislative jurisdiction over Judicial jurisdiction over such, shall also be valid in this country, except those
one’s status is the power of one’s status is the power of prohibited under Articles 35(1), (4), (5), and (6), 36, 37,
his personal law to govern the courts to decide and 38.
his status wherever he goes questions or controversies  In other words, we follow the rule of lex loci
concerning one’s status celebrationis
EX: A foreign marriage of Filipinos in a foreign country will
Note: Thus, our courts can decide cases involving the still be void in the Philippines if:
status and capacity of foreigners brought before them, but 1. Either or both parties did not have legal capacity to
in doing so, our courts will apply the personal law of the get married (Art. 35 (1))
foreigner, whether it be his national law or the law of his 2. The marriage is immoral for being bigamous or
domicile, depending on what theory the country of his polygamous (Art. 35 (4))
citizenship follows. 3. Consent of one party is lacking, because of mistake
 Example: Even if the personal law of the foreigner as to the identity of the other (Art. 35 (5))
allows divorce, he cannot apply for divorce from his 4. One of the parties was psychologically
spouse before a Philippine court because we do not incapacitated at the time of the marriage to comply
recognize divorce and our courts have no with the essential marital obligations (Art. 36)
jurisdiction to grant divorces. However, a foreigner 5. The marriage is incestuous (Art. 37)
who applies for legal separation in our country on a 6. The marriage is void by reason of public policy
ground available under his national law but not (Art. 38)
under our law, may obtain a favorable judgment
from our courts, because it is his national law on Note: Consular marriages of Filipinos abroad are valid (Art.
legal separation that our courts will apply, but 10, Family Code)
subject to our procedural law.
Conflicts rules on marriages between foreigners
solemnized abroad
Chapter 12
1. We still apply the rule of lex loci celebrationis, but
Conflicts rules on marriage
not the exceptions in the first par. of Art. 26 of the
Family Code which apply only to Filipinos
Philippine internal law on the formal validity of  But universally considered incestuous
marriages or the validity of marriage as a contract marriages and marriages that are highly
1. Essential requisites immoral are excepted
(1) Legal capacity of the contracting parties 2. Proxy marriages – Not allowed under Philippine
who must be male and female internal law
(2) Consent freely given in the presence of a  Rule in the US – if permitted by the law of
solemnizing officer the place where the proxy participates in
2. Formal requisites the marriage ceremony, proxy marriages
(1) Authority of the solemnizing officer are entitled to recognition insofar as the
(2) A valid marriage license formal validity of the marriage is
(3) A marriage ceremony takes place with the concerned
appearance of the contracting parties 3. Marriages on board a vessel on the high seas –
before the solemnizing officer and their Since the country whose flag the ship is flying has
personal declaration that they take each jurisdiction over the ship, the rule is that
other as husband and wife in the presence compliance with the law of the said country is
of not less than two witnesses of legal age required for the marriage to be valid
4. If the parties or at least the husband is a Muslim –
Note: The above formal requisites apply to foreigners who it is believed that we would recognize up to four
get married in the Philippines. If one or both of the parties marriages of the same husband (Philippine Muslim
are foreigners, the foreigner must submit a certificate of Code on Personal Laws)
legal capacity to contract marriage issued by the diplomatic
or consular officials of his/her country in the Philippines Mixed Marriages
before he/she can be issued a marriage license. Stateless Marriage between a If the marriage is valid
persons or refugees need only to submit an affidavit stating Filipino and foreigner under the law of one of the
the circumstances showing such capacity to contract ABROAD spouses while void under the
marriage law of the other, we should
uphold the validity of the
Common law marriages of foreigners marriage, unless the
As to common law marriages of foreigners who come to the marriage is universally
Philippines as husband and wife, it would seem that we incestuous or highly immoral
should consider the marriage valid if valid under their (the same rule as to
national law or the law of the place where the relationship foreigners who get married
abroad)

Conflict of Laws
Marriage between a The national law of the 2.

If the husband alone changes his nationality after
Filipino and a foreigner in Filipino – Philippine law the marriage – the law of the last common
the PHILIPPINES should be followed – nationality of the spouses would govern
otherwise our public policy 3. If the spouses retain their different nationalities
would be violated after the marriage – National law of both spouses
should govern
Two aspects of marriage as a status  RE: 3 Better solution: apply the national
1. Aspect of personal rights and obligations of the law of the husband at the time of the
spouses marriage
 Purely personal and are not ordinarily EXCEPTIONS
interfered with by the courts 1. If the national law of the husband violates public
policy of the forum
2. The national law of the wife happens to be the law
2. Aspect of their property relations of the forum
 The law lays down rules and judicial
sanctions as they may affect public
interest Conflicts rules on the property relations of husband
and wife
Law governing personal relations of spouses in GR: Property relations of the spouses are governed by
Conflict of Laws Philippine law, regardless of the place of the celebration of
1. Countries that follow the nationality theory (e.g. marriage and their residence (nationality theory)
Philippines) – apply the spouses’ national law in  If one spouse is a Filipino (wife or husband) and
determining their personal relations with each the other is an alien, Philippine law would still
other govern
2. Countries that follow the domiciliary theory – the
personal relations of the spouses are governed by EX:
the law of their domicile 1. If both spouses are aliens – general rule in Conflict
of Laws will apply
Spouses of different nationalities: law governing their 2. With respect to extrinsic validity of contracts
personal relations affecting real property – the lex situs will govern
GR: The personal relations of the spouses are governed by the formalities to be observed for the contract’s
the national law of the husband validity
Alien woman who Ipso facto becomes a Filipino Doctrine of immutability of matrimonial (property)
marries a Filipino citizen if she does not suffer regime of the spouses
husband under any disqualification for Regardless of the change of nationality by the husband or
naturalization as a Filipino the wife or both, the original property regime that prevailed
citizen at the start of their marriage prevails
Personal relations: Immutability of the property regime v. immutability

national law of the husband of the law governing the property regime
shall govern (GR) Immutability of the Immutability of the law
A Filipina who marries an Constitution provides that property regime governing the property
alien husband she “shall retain her regime
Philippine citizenship, unless A subsequent change of The law that creates and
by her act or omission, she nationality by the husband governs the property regime
is deemed, under our law, to or wife or both does NOT may change
have renounced her change the original property
citizenship” regime
Personal relations: Art. 80 Annulment v. Declaration of nullity of marriage

of the Family Code provides Annulment Declaration of nullity
that the national law of the Remedy if the marriage is Remedy if the marriage is
wife or Philippine law would voidable or annullable (valid void ab initio
govern the spouses’ until annulled)
personal relations (rule was
intended to protect the Voidable v. void marriage – legal effects
Filipino wife) Voidable marriage Void marriage
It can be convalidated either It cannot be convalidated
Conflict rules on the law governing personal relations by free cohabitation or
of spouses who change nationalities prescription
General Rules The same property regime The only property
1. If the spouses have the same nationality but they as in a valid marriage is relationship between the
acquire a new nationality by their common act – established between the parties is a co-ownership
their new national law will govern their personal spouses
relations The children are legitimate if The children are illegitimate,
conceived before the decree except children of void

Conflict of Laws
of annulment marriages under Art. 36 and 1. In the Philippines – since we follow the nationality
53 of FC theory, our courts have jurisdiction
 Citizens and domiciliaries can file in the
Art. 36 – children born Philippines, even if the defendant is a non-
under marriage that is void resident
on the ground of psy. 2. In other countries – it is usually the courts of the
Incapacity parties’ domicile who have jurisdiction over such
cases since that is the place which has the greatest
Art. 53 – children born of interest in the domestic relations of the spouses
the first marriage of parties
before said first marriage Rules on the validity of foreign divorces by foreigners
had been annulled or abroad
declared void, and those 1. Hague Convention states that a foreign divorce will
who marry a second time be recognized in the contracting states if, at the
without delivering the date of the filing of the proceedings:
presumptive legitime of the (1) The petitioner or respondent had his or
children of their first her habitual residence in the state where
marriage the divorce was obtained
The marriage cannot be The marriage may be (2) If both spouses were nationals of said
attacked collaterally attacked directly or state
collaterally (3) Although the petitioner was a national of
The marriage can no longer The marriage can still be another country, he or she had his or her
be impugned after the death impugned even after the residence in the place where the divorce
of the spouses death of the spouses was obtained
2. In the US, a state has a duty to recognize a divorce
Conflicts rules on annulment and declaration of nullity obtained in a sister state if the spouses were
of marriage domiciled in the latter state
1. In Conflict of Laws, the grounds for annulment of 3. A divorce obtained in a foreign country would be
marriage and for declaration of nullity of marriage recognized under the same circumstances that a
are the grounds provided for by the law alleged to divorce obtained from a sister state is given
have been violated  lex loci celebrationis or the recognition
law of the place where the marriage was 4. in the Philippines, if both spouses are aliens, we
celebrated recognize a decree of divorce obtained by them
 Reason: Considering that it is the lex loci abroad if valid under their national law
celebrationis that is usually applied to 5. If one of the spouses is a Filipino and the other an
determine whether a marriage is valid or alien, we also recognize the divorce obtained by
not, it is the same law that also the alien spouse abroad
determines whether a marriage is voidable
or void Legal separation v. divorce
2. As for declaration of nullity of marriage between Legal separation Divorce
two Filipinos abroad, the grounds are the Relative divorce, only a Absolute divorce, dissolves
exceptions to the lex loci celebrationis in Article 26 separation from bed and the marriage and the parties
of the Family Code: board but the parties remain can marry again
(1) Either or both parties did not have legal married
capacity to get married (Art. 35 (1))
(2) The marriage is immoral for being Legal separation v. annulment of marriage
bigamous or polygamous (Art. 35 (4)) Legal separation Annulment
(3) Consent of one party is lacking, because Marriage is not defective Marriage is defective
of mistake as to the identity of the other Grounds arise after the Grounds must exist at the
(Art. 35 (5)) marriage time of or before the
(4) One of the parties was psychologically celebration of the marriage
incapacitated at the time of the marriage Parties are still married to Marriage is set aside
to comply with the essential marital each other
obligations (Art. 36) Grounds are those given by Grounds are those given by
(5) The marriage is incestuous (Art. 37) the national law or the the lex loci celebrationis
(6) The marriage is void by reason of public domiciliary law – question is subject to certain exceptions
policy (Art. 38) one of status – questions the very
3. As to foreigners who get married abroad – the existence of status
exceptions to the lex loci celebrationis would be the
same as those in marriages as a contract: Conflict rules on legal separation
(1) Marriages that are highly immoral 1. If the parties are of the same nationality – grounds
(2) Universally incestuous marriages for legal separation are those given by their
4. Consular marriages – either the national law or the personal law (national law or domiciliary law)
law of the domicile of the parties applies 2. If the parties are of different nationalities –
grounds for legal separation are those under both
Courts that have jurisdiction over cases for the personal law of the husband and wife
annulment or declaration of nullity of marriage
Courts that may grant legal separation

Conflict of Laws
1. Jurisdiction in the case of aliens is not assumed by 2. If the parents are of different nationalities –
the forum unless the national law of the parties is personal law of the father governs
willing to recognize its jurisdiction
2. In the Philippines, foreigners may ask for legal Legitimate and illegitimate children under Philippine
separation here, even if they did not get married in internal law
this country. What is important is that the court 1. Legitimate children – children conceived or born
has jurisdiction over both parties during the marriage of the parents
3. Most countries assume jurisdiction over case for 2. Illegitimate children – children conceived and born
legal separation on the basis of the domicile of one outside a valid marriage
of the parties or the matrimonial domicile  EX: Children born of void marriages under
Article 36 (psychological incapacity) and
Note: It is NOT necessary that the cause for legal Article 53 (those born of the first marriage
separation take place in the country for our courts to of parties before said first marriage had
have jurisdiction over the case. been annulled or declared void, and who
marry a second time without delivering
Grounds for legal separation under Philippine internal the presumptive legitime of the children of
law (Article 55, FC) their first marriage are considered
1. Repeated physical violence or grossly abusive LEGITIMATE CHILDREN
conduct against the petitioner, a common child, or
a child of the petitioner
2. Physical violence or moral pressure to compel the
petitioner to change religious or political affiliation
3. Attempt to corrupt or induce the petitioner, a Law governing the rights and duties between parent
common child, or a child of the petitioner, to and child
engage in prostitution, or connivance in such 1. If the child is legitimate – either the common
corruption or inducement personal law of the parents or the personal law of
4. Final judgment sentencing the respondent to the father if the parents are of different
imprisonment of more than 6 years, even if nationalities governs
pardoned 2. If the child is illegitimate – The personal law of the
5. Drug addiction or habitual alcoholism of the mother is decisive, UNLESS the child is
respondent subsequently recognized by the father, in which
6. Contracting by the respondent of a subsequent case the rules on legitimate children will be applied
bigamous marriage, whether in the Philippines or
abroad Doctrine of immutability of status
7. Lesbianism or homosexuality of the respondent The status of a child (whether legitimate or illegitimate) is
8. Sexual infidelity or perversion not affected by a subsequent change of nationality of the
9. Attempt by the respondent against the life of the parents
petitioner  But the rights an duties of parent and child would
10. Abandonment of petitioner by respondent without after the parents’ change of nationality, be
justifiable cause for more than one year governed by the new national law of the parents
Defenses to legal separation under Philippine internal Legitimation, defined

law (Article 56, FC) A process whereby children who in fact were not born in
1. Condonation of the offense or the act complained lawful wedlock and should therefore be ordinarily considered
of illegitimate children are by fiction of law and upon
2. Consent of the aggrieved party to the commission compliance with certain legal requirements, regarded by law
of the act or offense complained of as “legitimate,” it being supposed that they were born after
3. Connivance between the parties in the commission their parents had already been validly married.
of the offense or act constituting the ground for
legal separation Conflicts rules on legitimation of children
4. Where both parties have given ground for legal 1. The requisites of legitimation are generally
separation considered those prescribed by the national law of
5. Collusion between the parties to obtain legal the parents, and if the latter have different national
separation laws, the national law of the father
6. Prescription 2. In countries following the domiciliary theory, law of
the domicile of the parents, or in proper cases, the
Note: The prescriptive period for filing of an action for legal law of the domicile of the father should govern
separation in the Philippines is 5 years from the time of the
occurrence of the case (Art. 57, FC) Philippine internal law on legitimation of children
(Articles 177-182, FC)
Chapter 13 Requisites for legitimated children
Status of Children 1. The child was conceived AND born outside lawful
wedlock
2. The parents at the time of the child’s conception,
Conflict rules in determining legitimacy of children
were not disqualified by any impediment to marry
1. If the parents are of the same nationality – their
each other
common personal law (national law or law of
domicile) will be applied

Conflict of Laws
Note: Legitimation creates a permanent (immutable) status 2. A mere agreement of adoption between the
of the child adopters and the parents of the child is not a valid
adoption, nor the fact that the child had been
Adoption adopted de facto (ampon) by the alleged adopting
An act, which establishes a relationship of paternity and parents
filiation and in so doing, endows the child with legitimate 3. Neither is mere registration of the child in the civil
status registry as the child of the adopter a valid
adoption. This even amounts to the crime of
Law which determines whether the relationship of simulation of birth
adoption has been created or not 4. The capacity and right of the adopter to file a
1. The child’s personal law petition for adoption are governed by the law in
2. If the child does not reside in the country of his force at the time the petition is filed, and cannot be
citizenship – the personal law of the adopter will impaired by a new law disqualifying him or her for
govern, or the personal law of the adopter and that adoption
of the child will be applied concurrently
Recognition of a foreign decree of adoption
Law which determines the legal effects of adoption While there is no provision of law nor jurisprudence
The legal effects of adoption are determined by the same expressly requiring the Philippines to recognize a foreign
law that created the relationship of adoption decree of adoption, it is believed that under Sec. 48 of Rule
39 of the Rules on Civil Procedure, we can recognize such
foreign decree of adoption provided the foreign court had
jurisdiction to render said decree, and that there is no want
of notice, collusion, extrinsic fraud, or clear mistake of law
or fact leading to the foreign decree of adoption
Adoption by aliens in the Philippines
Under RA 8552 or the Domestic Adoption Act of 1998, aliens Does adoption confer on the adopted child the
(who are not even former Filipino citizens) can adopt in our citizenship of the adopter?
country, provided: No. Adoption does not confer on the adopted child the
1. The have the same qualifications as those required citizenship of the adopter. Adoption is a matter political and
of Filipino citizens not civil in nature, and the ways in which it should be
2. Their countries have diplomatic relations with our conferred are outside the ambit of the Civil Code.
country
3. They have been living in the Philippines for at least Chapter 14
3 years prior to the filing of the petition for Wills, succession, and administration of the estate of
adoption, and maintain such residence until the deceased persons
adoption decree is entered
4. The have been certified by their diplomatic or
Two theories or systems in determining the proper
consular offices or by any appropriate government
law for the transmissions of successional rights
agency that they have the legal capacity to adopt
1. Unitary or single system – only one law
in their own countries and
determines transmission of real as well as personal
5. Their government allows the adopted child to enter
properties
their own country as their adopted child
2. Split or scission system – Succession to real
property is governed by the lex situs, while
Special aliens who can adopt under RA 8552
succession to movable or personal property is
1. A former Filipino citizen who seeks to adopt a
governed by the law of the domicile of the
relative within the 4th degree of consanguinity or
deceased at the time of his death
affinity
2. One who seeks to adopt the legitimate son or
Note: In the Philippines, we follow the unitary or single
daughter of his or her Filipino spouse
system, in that Article 16 of the NCC applies the
3. One who is married to a Filipino citizen and seeks
national law of the deceased, whatever may be the
to adopt jointly with his or her spouse a relative
nature of the property and regardless of the country
within the 4th degree of consanguinity or affinity of
where the property is found
the Filipino spouse
 These aliens need not comply with the residency in the
Extrinsic v. intrinsic validity of wills
Philippines and they also need not submit a certification that
Extrinsic validity Intrinsic validity
they have the capacity to adopt from the diplomatic or
consular office of their country in the Philippines or any Forms and solemnities of Substance of wills
other government agency wills
Deals with the forms and Concerns itself with:
Note: RA 8552 still requires that the (alien) husband and solemnities in the making of 1. Order of succession
wife must jointly adopt. However in cases where the wills which include: 2. Amount of
spouses are legally separated, the husband or the wife can 1. Age and successional rights,
adopt alone, and the consent of the other spouse to an testamentary and other matters
adoption filed by one spouse is not necessary capacity of the of substance
testator
Nature of adoption in Philippine law 2. Form of the will
1. Adoption proceedings are always judicial an din (notarial or
rem, i.e., publication is required holographic) etc

Conflict of Laws
(2) The law of his domicile at the time of

Conflicts rules in the Philippines on extrinsic validity revocation (lex domicilii)
of wills Note: ignores the law of the place of
1. If a Filipino makes a will abroad - he may comply revocation
with the formalities of Philippine law (lex nationalii) 2. If the revocation is done in the Philippines, it is
or the lex loci celebrationis (the law of the place valid if made in accordance with the provisions of
where he was at the time of the execution of the our CC
will) – Art. 815, NCC 3. If the revocation is done outside the Philippines by
2. If an alien makes a will abroad - he may comply a person who is domiciled here, it is valid if made
with the formalities of his lex nationalii (law of the in accordance with our law (lex domicilii) or lex loci
country of which he is a citizen, the lex domicilii actus of the revocation (the place where the
(law of his domicile0, or the lex loci celebrationis revocation was made)
3. If an alien makes a will in the Philippines – he may
comply with the formalities of his own country (lex Probate, defined
nationalii) or of Philippine law (lex loci Probate is the process of proving before a competent court
celebrationis) the due execution of a will, that the testator was possessed
4. Holographic wills – must be entirely written, dated, of testamentary capacity, and the approval by said court of
and signed by the hand of the testator. It is subject the will
to no other form and may be made in or out of the
Philippines and need not be witnessed (Art. 810, Conflict rules on probate of wills
NCC) 1. The allowance of disallowance of a will is
essentially procedural, so that the law of the forum
Conflicts rules on joint wills applies to all procedural matters
1. Filipinos cannot make joint wills whether he or 2. Art. 838, 1st par: “now will shall pass either real
abroad or personal property unless it is proved and
2. Joint wills made by aliens shall be considered valid allowed in accordance with the Rules of Court”
in the Philippines if valid according to their lex 3. There is no period of prescription for the probate of
nationalii or lex domicilii or if valid under lex loci a will
celebrationis 4. Wills proved and allowed in a foreign country
3. Joint wills made by aliens in the Philippines are according to the laws of each country may be
void even if valid under their lex nationalii or lex allowed, filed, and recorded by the proper court in
domicilii in order that our public policy on joint wills the Philippines
may not be militated against 5. Although a foreign will had already been probated
4. A joint will executed by an alien and a Filipino in a foreign country, it still has to be reprobated in
citizen abroad will be valid even as to the alien (if the Philippines in accordance with our procedural
his national law or law of his domicile or lex loci law  it is sufficient to ask for the enforcement of
celebrationis allows it) but void as to the Filipino the foreign judgment of the probate abroad
6. The evidence necessary for the probate or
Conflicts rules on intrinsic validity of wills allowance of wills which have been probated
1. lex nationalii – in countries that follow the outside the Philippines are:
nationality theory (1) The due execution of the will in
2. lex domicilii – in countries that follow the accordance with the foreign law because
domiciliary theory we cannot take judicial notice of foreign
laws
What governs the intrinsic validity of wills in the (2) The testator had his domicile in the
Philippines foreign country where the will was
The NCC applies the lex nationalii of the decedent probated
 Note: in case of conflict between the nationality (3) The will had been admitted to probate in
theory and the domiciliary theory, we can treat the said country
case as one of “renvoi” so that we can still apply (4) The foreign tribunal is a probate court
Philippine law even if the deceased was a citizen of (5) The laws of the foreign country on
another country procedure and allowance of wills were
followed
Conflicts rules if a person dies intestate Administration of estate of deceased persons

1. In civil law countries – the national law of the Administration is the process of determining and realizing
decased applies the assets of a deceased person, the payment of the debts
2. In common law countries – the lex domicilii of the of the estate, and the actual distribution of the residue to
deceased at the time of death applies with respect the heirs
to personalty, while the lex situs applies with
respect to real property Conflicts rules on administration of estate of
deceased by persons
Conflicts rules on revocation of wills 1. Administration is procedural in nature. It is the lex
1. Under Art. 829 of the NCC, a revocation done fori that governs not the law that determines how
outside the Philippines by a person who does not the estate of the deceased is to be distributed
have his domicile here is valid if done according to: 2. In charge of the administration is the executor or
(1) The law of the place where the will was an administrator with a will annexed or an
made (lex loci celecbrationis) or administrator

Conflict of Laws
Executor Administrator Administrator Philippine rule on personal properties

with a will Art. 15 of the CC  real property as well as personal
annexed property is subject to the law of the country where it is
Appointed by Appointed by Appointed by situated
testator in the court if the court if
his will there is a will there is no will Matters governed by lex situs with respect to real
but no executed property
is designated 1. Extrinsic validity
therein 2. Intrinsic validity
3. Capacity of contracting parties
3. The executor is qualified, and the administrator of 4. Interpretation of documents
the estate is appointed, by the court of the country 5. Effects of ownership
where the deceased was domiciled at the time of 6. Co-ownership
his death, or if he was a non-domiciliary, the 7. Accession
country where his properties are found 8. Usufruct
4. The rights, powers, and duties of the executor or 9. Lease
administrator are coextensive with the territorial 10. Easement
jurisdiction of the court that qualified or appointed 11. Quieting of title
him 12. Registration
5. Principal domiciliary administration v. ancillary 13. Prescription
administration 14. Police power
15. Eminent domain
Principal domiciliary Ancillary 16. Taxation
administration administration
Administration granted Administration in other Exceptions to the rule on lex situs with respect to real
in the country of the countries where the properties
deceased’s last domicile deceased also left 1. Succession  governed by national law (in
properties Philippines) not lex situs
2. Contracts involving real property but do not deal
6. The domiciliary administrator of the estate of a with title or real rights over the property, the issue
deceased American citizen in the US has no power being the contractual rights and liabilities of parties
over and is not entitled to the possession of the  governed by the proper law of the contract (lex
stock certificates of shares of stock by the loci voluntatis or lex loci intentionis)
deceased in a Philippine corporation, which 3. In contracts where real property is given as
certificates must be delivered to the ancillary security by way of mortgage to secure a principle
administrator contract (i.e. loan)  loan is governed by the
proper law of the contract which the mortgage is
Caduciary rights of state in Conflict of Laws governed by the lex situs
There are two theories adopted by different states so that 4. While the validity of the transfer of land must be
they may claim the properties left by a deceased who left determined by the lex situs, the validity of the
no heirs and no will: contract to transfer is determined by the proper
1. Some countries adopt the theory that such law of the contract
properties have become ownerless (bona vacantia)
hence they should revert to the State where they Rules in giving constructive situs to choses in
are situated by escheat possession that are usually in motion
 properties pass to the State as an incident of VESSELS
sovereignty, not as an heir Public vessel Law of the flag
2. In the Philippines and some civil law countries – Private or commercial Law of the country or
the theory adopted is that the State is the last heir vessel place of registry
of a deceased person. Hence, the State succeeds If vessel is docked at a Said port is deemed as its
to the properties left by said deceased as an heir. foreign port temporary situs
GOODS IN TRANSIT
As to liability for loss, Law of destination (Art.
Chapter 15 destruction, or 1734, CC)
PROPERTY deterioration of goods
in transit
The validity and effect Law of the place where
Conflict rules on real property and personal property
of seizure of goods in the goods were seized
GR: lex situs/ lex re sitae  law of the place where the
transit (temporary situs)
property is located
Disposition or Proper law of the contract
alienation of goods in (lex loci voluntatis or lex
Old rule on law on personal property/movables -
transit loci intentionis)
Mobilia sequuntur personam
Personal effects or belongings of owner carried with
him wherever he went. Rules in giving constructive situs to intangible
 Given artificial status since did not have fixed status personal properties or choses in action
– personal law of the owner CREDITS OR DEBTS

Conflict of Laws
Involuntary transfer of The situs of the place together with the right to business is carried on
assignment of a debt where the debtor may be use the name under which
(garnishment) served (usually his the business is conducted
domicile)
The proper law of the “Goodwill”
contract (the proper law of -The patronage of any
the original transaction established trade or
out of which the chose in business
action or credit arose) Patents, copyrights, trademarks, trade names,
and service marks
Other theories: Patents, copyrights, GR: in the absence of a
1. The law of the trade marks, trade treaty, protected only by
Voluntary assignment place where the names the state that granted or
or transfer of credit assignment is recognized them
executed
2. The law of the Art. 520, NCC: a trade
place where mark or a trade name duly
performance or registered in the proper
payment is government bureau or
normally office is owned by and
expected pertains to the person,
3. The national law corporation, or firm
of the parties registering the same,
Situs of a debt for Domicile of creditor subject to the provisions
taxation purposes of special laws
Administering debts Situs is the place where
the assets of the debtor Intellectual property
are situated Code: Any foreign
NEGOTIABLE INSTRUMENTS corporation being a
The law that Law governing rights national or domiciliary o a
determines whether embodied in the country which is a party to
the instrument is instrument a convention, treaty, or
negotiable or not agreement related to
Note: American intellectual property rights
Restatement claims that to which the Philippines is
the situs is the place also a party or which
where the instrument was extends reciprocal rights
executed to our nationals by law,
The law that The law of the situs of the “shall be entitled to the
determines the validity instrument at the time of benefits to the extent
of the transfer, transfer, delivery, or necessary to give effect to
delivery, or negotiation negotiation any provision of such
of the negotiable convention.”
instrument
SHARES OF STOCKS OF CORPORATIONS - Foreign corporation even
Sale of shares of stocks Law of the place of if not engaged in business
incorporation since in the Philippines may
transfer is recorded in the nevertheless bring a civil
books of the corporation or administrative action,
Sale of corporate Governed by the proper for opposition,
shares as between the law of the contract (lex cancellation, infringement,
parties loci voluntatis or lex loci or unfair competition.
intentionis)
Taxation on dividends Law of the place of
received by corporate incorporation Chapter 16
shares CONTRACTS
FRANCHISES
Franchises Law of the state that Contract, defined
- special privileges granted them Art. 1305, NCC: Meeting of minds between two persons
conferred by the whereby one binds himself, with respect to the other, to
government on an give something or to render some service.
individual or corporation  The specific subject of contract in Conflict of Laws
Goodwill of a business is limited to purely civil or commercial transactions.
Goodwill of business Good will of business and
taxation thereon are Conflicts rules in determining extrinsic validity of
-Art. 521, NCC: property governed by the law of contracts
and may be transferred the place where the

Conflict of Laws
GR: the extrinsic validity of contracts is governed by the lex Limitations to the court’s choice of law in determining
loci celebrationis/ lex loci contractus the intrinsic validity of contracts
1. Generally, the parties cannot select a law that has
Variations to the rule of lex loci intentions in no connection at all with the transaction
determining extrinsic validity of contracts 2. If the law selected should change, it is the new law
1. A contract entered into by parties in two different that should be applied
countries by cablegram, telex, or fax  EX: Change of new law is so revolutionary
 Art. 1319 par. 2: Acceptance made by that it could never have been
letter or telegram does not bind the contemplated by parties
offeror except from the time it came to his 3. Several laws may be selected, each of which will
knowledge. The contract in such a case is govern the different elements of the transaction
presumed to have been entered in the 4. If under the selected law, the contract is legal but
place where the offer was made in the place of performance, it is illegal, the
 American law: contract is deemed selected law should prevail (valid contract)
entered into in the place where the 5. Questions of substantial and essential validity
acceptance of the offer is posted or mailed (void, valid, voidable) of the contracts should be
2. Place of execution was merely casual or accidental governed by the proper law of the contracts
 The law which has the most significant  Minor details: time of payment, etc.
relationship to the transaction should be should be governed by the law of
applied performance
3. (EX) When the lex loci contractus/lex loci 6. Parties cannot stipulate on the jurisdiction of the
celebrationis contravenes an established and courts our oust or court’s jurisdiction
important policy of the forum, or to apply it would 7. The parties cannot contract away applicable
work gross injustice to the people of the forum, or provisions of law
if the transaction is contra bonos mores 8. American law recognizes cognovit clauses if the
parties were of equal bargaining power and debtor
Conflict rules in determining capacity of parties to a and the debtor voluntarily agreed to said clause
contract  Cognovit clauses: specify which courts
GR: Capacity to enter into contracts is generally governed would have jurisdiction in case of breach
by the personal law of the parties or default in payment, or it may waive
 In Phil., Art. 15 NCC: Capacity of a Filipino is debtor’s right to notice (confession of
governed by Philippine law (nationality theory) judgment)
EX: Contracts involving alienation or encumbrance of

property both real and personal  capacity is governed by
the lex situs Extrinsic Capacity Intrinsic
validity of validity
Conflict rules in determining intrinsic validity of parties
contracts Barter, sale, Lex situs Lex situs Lex situs
1. GR: Intrinsic Validity of contracts is governed by donation
the proper law of the contract – lex loci voluntatis Lease of Lex situs Lex situs Lex situs
or lex loci intentionis property:
2. American Law (Second Restatement): creates real
(1) law to be applied should be the law rights
chosen by the parties Lease of Lex loci Personal Lex
(2) If none, the law of the state which has the property: celebrationis law of voluntatis
most significant relationship to the parties does not the or lex loci
or to the transaction create real parties intentionis
3. Prof. Raleigh Minor – advocates application of rights
different laws: Pledge, Lex situs Lex situs Lex situs
(1) As to the perfection of contract: lex loci chattel
celebrationis mortgage,
(2) As to the validity of the consideration – real estate
lex loci considerationis mortgage,
(3) As to questions of performance – lex loci antichresis
solutionis Contract of Lex loci Personal Lex loci
loan: mutuum celebrationis law of voluntatis
Philippine conflict rules on intrinsic validity of the or lex loci
contracts parties intentionis
1. We have no specific provision of law applicable to Contract of Lex situs Lex stius Lex situs
conflict rules on the intrinsic validity of contracts loan:
 However the policy of our law is to give commodatum
effect to the intention of the parties Lease of Lex loci Personal Lex loci
2. We should apply the proper law of the contract (lex service, celebrationis law of volntatis
loci voluntatis (express) or lex loci intentionis agency, parties or lex loci
(implied) guaranty, intentionis
suretyship

Conflict of Laws
Note: Agency  To compensate victim for the damage or injury

to alienate or suffered
encumber real
property is Three theories in determining locus delicti
governed by lex 1. Civil law theory – The locus delicti is the place
situs where the act began
Lex loci Personal Lex loci 2. Common law theory – The locus delicti is the
celebrationis law of voluntatis place where the wrongful act became effective
parties 3. Theory of Dr. Rabel – The locus delicti is the
Liability for loss, destruction, place which has the most substantial connection
deterioration of goods in transit: law with the wrongful act
of destination of goods (Art. 1753,
NCC) Modern theories in determining liability for torts
1. State of the most significant relationship – the
If COGSA applies, limiation on rights and obligations of parties in a case of tort is
liability applies, unless the shipper determined by the local law of the state which,
declares value of goods and inserts with respect to the particular issue, has the most
such declaration in the bill of lading significant relationship to the occurrence and the
Contract of parties
transportation Contract for air transportation
or carriage (Warsaw Convention) 2. The interest-analysis approach – This approach
(render 1. The liability of the airline in case considers the relevant concerns that two or more
services) of death, injury to passengers, states may have in the case and their respective
or loss or damage to cargo is interests in applying their laws to it
governed by Warsaw Convention  If however, the case poses a real conflict
2. If there was malice, gross between two or more States, if the
negligence, or bad faith, or interested forum finds that he other State
improper discrimination, carrier has a greater claim in the application of its
is liable for damages beyond law to a given case, the forum should
those limited by Warsaw yield and apply the law of the other state.
Convention  If the forum is disinterested in the case, it
can dismiss the same on the ground of
Note: if contracts involve encumbrances of property, forum non conveniens
real or personal, apply lex situs. If personal contracts,  In short, the state which has the more
law on contracts will apply relevant and weighty interests in the case
should be considered the locus delicti
Chapter 17
3. Qavers principle of preference – Under this
TORTS
theory, a higher standard of conduct and financial
protection given to the injured party by one state
Tort, defined is applied by the State where the injury happened,
Legal wrong committed upon person or property if the latter state adopts a lower standard of
independent of contract conduct and financial protection to the injured
 Spanish law: quasi delict/culpa aquiliana  fault or
negligence Conflict rules on maritime torts
 American law: broader  fault or negligence and 1. If the tort is committed abroad a public vessel,
also those committed with malice or willful intent whether on the high seas or in foreign territorial
waters, the law of the flag is the lex loci delicti
Concept of tort in the Philippines commissii
Blending of both Spanish and American laws 2. If the tort is committed aboard a private or
 Art. 20 NCC: Every person who, contrary to law, merchant vessel on the high seas, the law of the
willfully or negligently causes damage to another, registry is the lex loci delicti commissii
shall indemnify the latter for the same. 3. If two vessels collide and are from the same state,
 Art. 2176 NCC: Whoever by act or omission the law of registry is the lex loci delicti commissii
causes damage to another, there being fault or 4. If the vessels come from different states with
negligence, is obliged to pay for the damage done. identical laws, apply said identical laws
Such fault or negligence, if there is no pre-existing 5. If the vessels come from different states with
contractual relation between the parties, is called a different laws, the lex loci delicti commissii is the
quasi-delict and is governed by the provisions of general maritime law as understood and applied by
this Chapter. the forum where the cas eis filed
Law governing liability for torts in Conflict of Laws Foreign tort to be actionable/subject of an action for
Liability for torts in general is governed by the lex loci delicti damages in the Philippines – Requisites/Conditions
commissi (law of the place where the delict or wrong was 1. Must acquire jurisdiction over the defendant (action
committed) for damages is action in personam)
 State where the social disturbance occurred has 2. Foreign tort must not be penal in character
the primary duty to redress the wrong and 3. The enforcement of the tortuous liability should not
determine the effects of the injury; and contravene our public policy

Conflict of Laws
4. Our judicial machinery must be adequate for such the same, even if it was
enforcement completed in another state
 Note: all procedural matters are governed
by the lex fori Phil law). Objective territorial
 Substantive matters are governed by the principle
lex loci delicti commissii, thus: The state can prosecute
(1) Period of prescription of the crimes began abroad but
action is governed by lex loci completed within its territory
delecti commissii because in The country of which the
Philippine law, prescription is criminal is a citizen or
substantive not procedural subject has jurisdiction to
(2) Proper parties, measure of Nationality or personal try him for crimes allegedly
damages, and the question theory committed by him, whether
whether the acts complained of inside or outside its
is considered the proximate territory, provided it is a
cause of the injury are crime under said country’s
governed by the lex loci delicti penal law
commissii Protective theory Any state whose national
(3) The burden of proof and interests may be jeopardized
defenses that may be has jurisdiction over criminal
interposed by defendant are offenses, even if it is
also governed by lex loci delicti committed outside its
commissii territory and even if
committed by an alien
Real or eclectic theory Any state whose penal code
Chapter 18 has been transgressed upon
CRIMES has jurisdiction, whether the
crime was committed inside
Tort v. Crime or outside its own territory
Tort Crime Cosmopolitan or Any state where the criminal
Both are wrongs universality theory is found or which has
obtained custody over him
Violates private rights Committed against state
can try him, unless
Instituted by injured person Prosecuted in the name of
extradition applies
against wrongdoer in civil the State against the
The state of which the victim
case, the purpose of which offender in criminal actions
Passive personality or is a victim or subject has
is indemnification for for the purpose which are
passive nationality theory jurisdiction to prosecute the
damages suffered protection and vindication of
offense
interests of the public as a
whole, punishment of the
offender, the reformation of Note: In the Philippines, we follow as a GENERAL RULE the
offender, or to deter others territorial theory, and by way of EXCEPTION, the protective
from committing the same theory
act
Cases where we follow the protective theory
Transitory in character – Local in character and can
Art. 2, RPC: Except as provided in the treaties and laws of
tortfeasor can be made be prosecuted only in the
preferential application, the provisions of this Code shall be
liable for his wrongful act in place or states where the
enforced not only within the Philippine Archipelago,
any jurisdiction where he crimes are committed
including its atmosphere, its interior waters and maritime
may be found
zone, but also outside of its jurisdiction, against those who:
1. Should commit an offense while on a Philippine
Note: The determination of whether a wrongful act is a tort
ship or airship;
or crime depends on the characterization of the act in the
2. Should forge or counterfeit any coin or currency
state where said act is committed
note of the Philippine Islands or obligations and
securities issued by the Government of the
Different theories that determine whether a state or a
Philippine Islands;
legal system has jurisdiction to take cognizance of
3. Should be liable for acts connected with the
criminal cases
introduction into these islands of the obligations
Under this theory, the state
and securities mentioned in the preceding number;
where the crime was
4. While being public officers or employees, should
Territorial theory committed has jurisdiction
commit an offense in the exercise of their
to try the case, and its penal
functions; or
code and the penalties
5. Should commit any of the crimes against national
described therein will apply
security and the law of nations
Subjective territorial
Jurisdiction over crimes committed on board a foreign
principle
vessel if said vessel is within territorial waters
The state where the crime
English Rule French Rule
was begun may prosecute

Conflict of Laws
Emphasizes territorial Emphasizes nationality 1. For constitutional purposes – even if a corporation

principle theory was incorporated in the Philippines, it cannot
The territory where the The State whose flag is exploit or develop our natural resources nor
crime was committed will flown by the vessel has operate public utilities unless 60% of the capital is
have jurisdiction EXCEPT: jurisdiction EXCEPT Filipino owned (Constitution)
1. In matters relating  if the crime affects the 2. For wartime purposes – We adopt the control test
to internal order peace, order, security, and  we pierce the veil of corporate identity and go
and disciple of the safety of the territory into the nationality of the controlling stockholders
vessel and to determine whether a corporation is an enemy
2. Those which affect corporation
solely the ship and
its occupants such Matters that are governed by the personal law of the
as minor or petty corporation
criminal offenses 1. Requisites for the formation of the corporation
committed 2. Required number of incorporators and the
members of the board of directors
Note: Under Art. 27 of UNCLOS, Philippine courts do not 3. The kinds of shares of stock allowed
acquire jurisdiction over crimes committed on board a 4. The transfer of stocks
vessel even if it is within our territorial waters as long as the 5. The issuance, amount, and legality of dividends
effect of such crime does not disturb our peace and order. 6. The powers and duties of the officers, stockholders,
This is similar to the French rule. and members
Law that determines the validity of corporate acts and

contracts
Chapter 19
Determined by the place of incorporation AND by the law of
BUSINESS ASSOCIATIONS
the place of performance
Corporation, defined May a foreign corporation sue and be sued in the

Sec. 2 of Corporation Code: An artificial being created by Philippines?
operation of law, having the right of succession and the Yes, if it has the necessary license to do business in the
powers, attributes, and properties expressly authorized by Philippines. The license is required not to forbid the foreign
law or incident to its existence corporation from performing single acts but to prevent it
from acquiring a domicile for purposes of business without
Foreign corporation, defined taking the steps necessary to render it amenable to suit in
Sec. 123 of Corporation Code: One formed, organized, or the local courts
existing under any laws other than those of the Philippines
and whose laws allow Filipino citizens and corporations to do Jurisdiction over foreign corporations doing business
business in its own country or state in the Philippines, how acquired
By service of summons on:
1. Its resident agent
2. If no such agent, on the government official
Theories in determining the personal law or designated by law to that effect; or
governing law of a corporation 3. On any of its officers or agents within the
1. The theory that the personal law is the law of the Philippines (Rules of Court)
place of incorporation
2. The theory of the place or center of management Status of a contract of a foreign corporation who
3. The theory of the place of exploitation transacts business here without the necessary license
Unenforceable, but the person who contracted with the
Note: In the Philippines, we follow the theory of the place of corporation may be in estoppel if he had received benefits
incorporation from contract
Domicile of a corporation Instances when a foreign corporation not doing

Art. 51 of NCC: When the law creating or recognizing them, business in the Philippines can sue in Philippine
or any other provision does not fix the domicile of judicial courts
persons, the same shall be understood to be the place 1. Isolated transactions
where their legal representation is established or where 2. To protect its reputation, corporate name, and
they exercise their legal functions goodwill
 Under Corporation Code, the place of incorporation 3. For infringement of trademark or trade name
of a Philippine corporation is also its domicile
 As for a foreign corporation that has been granted Law that applies to multinational or transnational
a license to operate or to do business in the corporations
Philippines, it acquires domicile in this country by These are actual branches of big mother corporations. The
virtue of said license branches having incorporated in the states where they are
established are governed by the internal law of said states,
Exceptions to the theory that the personal law or the and their personal laws are the local laws of host states
nationality of a corporation follows the place of its
incorporation
Partnership

Conflict of Laws
A partnership exists when two or more persons bind 4. The foreign judgment must not contravene a sound
themselves to contribute to money, property, or industry to and established public policy of the forum
a common fund, with the intention of dividing the profits 5. The judgment must be res judicata:
among themselves (Art. 1767, NCC) (1) The judgment must be final
 A partnership, like a corporation, has a juridical (2) Foreign court must have jurisdiction over
personality separate and distinct from that of each subject matter and parties
of the partners (3) The judgment must be on the merits; and
(4) There was identity of parties, subject
Personal or governing law of a partnership matter, and cause of action
Law of the country where it is created
Effects of foreign judgments in the Philippines under
Domicile of a partnership Rules of Court
Art. 51 of NCC: The place where their legal representation is Sec. 48, Rule 39, 1997 Rules on Civil Procedure provides:
established or where they exercise their principal functions The effect of foreign judgment or final order of a foreign
country, having jurisdiction to render the judgment or final
order is as follows:
Chapter 20 (a) In case of a judgment or final
RECOGNITION AND ENFORCEMENT OF FOREIGN order upon a specific thing, the judgment or final
JUDGMENTS order is conclusive upon the title to the thing and
(b) In case of a judgment or final
order against a person, the judgment or final
Enforcement v. recognition
order is presumptive evidence of a right as
Enforcement of foreign Recognition of foreign
between the parties and their successors in
judgment judgment
interest by a subsequent title
Means that the plaintiff or Means that eh defendant or In either case, the judgment or final order may be repelled
petitioner wants the court to respondent is presenting the by evidence of a want of jurisdiction, want of notice to the
positively carry out and foreign judgment on the party, collusion, fraud, or clear mistake of law or fact.
make effective the foreign basis of res judicata
judgment
Implies an act of Involves merely a sense of
sovereignty justice
Requires separate action or Being a matter of defense,
proceeding brought precisely recognition needs no action
to make foreign judgment or proceeding but implies
effective that an action or proceeding
has already been filed
against the defendant who is
invoking the foreign
judgment
Enforcement cannot exist Recognition does not need
without recognition or does not require
enforcement
Reasons why a local court in the Philippines may

refuse to recognize or enforce a foreign judgment
1. The requisite proof of the foreign judgment may
not have been presented
 The manner of proving a foreign judgment
is the same as proving a foreign law
2. The foreign judgment may contravene a recognized
and established policy in our country
3. The administration of justice in the country where
the judgment came from may be shockingly
corrupt or not beyond reproach
Conditions or requirements before a local court in the

Philippines can enforce or recognize a foreign
judgment
1. There must be adequate proof of the foreign
judgment
2. The judgment must be on a civil or commercial
matter, not on a criminal, revenue, or
administrative matter
3. There must be NO:
(1) Lack of jurisdiction
(2) Want of notice
(3) Collusion
(4) Clear mistake of law or fact

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Conflict of Laws

Comprehensive reviewer of Sempio-Diy book

Chapter 1  Writings and treaties of thinkers and

Lesley Claudio (A 2012) Page 1 of 22

Lesley Claudio (A 2012) Page 2 of 22

proved to be commonly admitted in its The vested-rights theory

Exceptions to the applications of a foreign law Theory of local law

Comity Two kinds of conflicts rules

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2. The point of contact or connecting factor – Characteristics of status

Lesley Claudio (A 2012) Page 4 of 22

country where he was born

Citizens of the Philippines under the 1987

Citizenship of a Filipino woman who marries a

Citizenship of an alien woman who marries a Filipino

Note: An alien woman married to an alien husband

Lesley Claudio (A 2012) Page 5 of 22

Lesley Claudio (A 2012) Page 6 of 22

Loss of citizenship Domicile v. residence

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If the child is adopted The domicile of origin is the place of employment as

Rules determining one’s constructive domicile

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Marriage between a The national law of the 2.

Personal relations: Immutability of the property regime v. immutability

Personal relations: Art. 80 Annulment v. Declaration of nullity of marriage

Lesley Claudio (A 2012) Page 11 of 22

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Defenses to legal separation under Philippine internal Legitimation, defined

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(2) The law of his domicile at the time of

Conflicts rules if a person dies intestate Administration of estate of deceased persons

Lesley Claudio (A 2012) Page 15 of 22

Executor Administrator Administrator Philippine rule on personal properties

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EX: Contracts involving alienation or encumbrance of

Lesley Claudio (A 2012) Page 18 of 22

Note: Agency  To compensate victim for the damage or injury

Lesley Claudio (A 2012) Page 19 of 22

Lesley Claudio (A 2012) Page 20 of 22

Emphasizes territorial Emphasizes nationality 1. For constitutional purposes – even if a corporation

Law that determines the validity of corporate acts and

Corporation, defined May a foreign corporation sue and be sued in the

Domicile of a corporation Instances when a foreign corporation not doing

Lesley Claudio (A 2012) Page 21 of 22

Reasons why a local court in the Philippines may

Conditions or requirements before a local court in the

Lesley Claudio (A 2012) Page 22 of 22

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