Professional Documents
Culture Documents
Civil Law SUMMER REVIEWER CONFLICT OF LAWS Transactions involved Private transactions between private individuals Resort to municipal tribunals Generally affected by public interest; those in general are of interest only to sovereign States May be peaceful or forcible Peaceful: includes diplomatic negotiation, tender & exercise of good offices, mediation, inquiry & conciliation, arbitration, judicial settlement by ICJ, reference to regional agencies Forcible: includes severance of diplomatic relations, retorsions, reprisals, embargo, boycott, non-intercourse, pacific blockades, collective measures under the UN Charter, and war. Custom, Treaty and General Principles of law, recognized by civilized nations and juridical decisions and teachings of the most highly qualified publicists
CHAPTER 1: GENERAL PROVISIONS PRIVATE INTERNATIONAL LAW That part of the law of each State or nation which determines whether, in dealing with a legal situation, the law or some other State or nation will be recognized, given effect, or applied (16 Am Jur, 2d, Conflict of Laws, 1). That part of municipal law of a State which directs its courts and administrative agencies, when confronted with a legal problem involving a foreign element, whether or not they should apply a foreign law/s (Paras). NOTE: A factual situation that cuts across territorial lines and is affected by diverse laws of two or more States is said to contain a foreign element.
FUNCTIONS OF CONFLICT OF LAW RULES 1. To proscribe the conditions under which a court or agency is competent to entertain a suit or proceeding involving facts containing a foreign element; 2. To determine the extent, validity and enforceability of foreign judgment 3. To determine for each class of cases the particular system if law by reference to which the rights of the parties must be ascertained DISTINGUISHED FROM PUBLIC INTERNATIONAL LAW BASIS Nature
Persons
Sources
CONFLICT OF
LAW
Municipal in
character Dealt with by
Generally derived from the internal law of the state; except any conflict of law question governed by a treaty
involved
private individuals; governs individuals in their private transactions which involve a foreign element
and other entities Possessing international personality, e.g., UN; governs States in their relationships Amongst Themselves
SOURCES OF CONFLICT OF LAWS Direct Constitutions Codifications Special Laws International Customs Indirect Natural Moral Law Work of Writers
Head: Joy Ponsaran, Eleanor Mateo; Understudy: Joy Tajan, John Paul Lim; Subject Head: Laarni Pichay;
4. Lex Loci Contractus - the law of the place where the contract was made or law of the place where the contract is to be governed (place of performance) which may or may not be the same as that of the place where it was made 5. Lex Loci Rei Sitae - law of the place where the thing or subject matter is situated; the title to realty or question of real estate law can be affected only by the law of the place where it is situated 6. Lex Situs - law of the place where property is situated; the general rule is that real property is governed by the law of the State where it is situated 7. Lex Loci Actus - law of the place where the act was done 8. Lex Loci Celebrationis - law of the place where the contract is made
9. Lex Loci Solutionis - law of the place of
solution; the law of the place where payment or
performance of a contract is to be made 10. Lex Loci Delicti Comissi - law of the place where the crime took place 11. Lex Mercatoria - law merchant/commercial law; system of laws adopted by all commercial nations and constitute as part of the law of the land; part of common law
2. 3. 4.
MINIMUM CONTACTS TEST AND FUNDAMENTAL FAIRNESS TEST Due process requires only that in order to subject a defendant to a judgment in personam, if he is not present within the territory of the forum he should have certain minimum contacts with it such that the maintenance of the suit does not offend traditional notions fair play and substantial justice. In both in rem and quasi-in rem, all that due process requires is that defendant be given adequate notice and opportunity to be heard which are met by service of summons by publication.
3. ASSUME JURISDICTION AND APPLY THE FORUM LAW INSTANCES WHEN INTERNAL LAW SHOULD BE APPLIED:
a.
A specific law of the forum decrees that internal law should apply EXAMPLES: Article. 16 of the Civil Code - real and personal property subject to the law of the country where they are situated and testamentary succession governed by lex nationalii ii. Article 829 of the Civil Code - makes revocation done outside Philippines valid according to law of the place where will was made or lex domicilii iii. Article 819 of the Civil Code - prohibits Filipinos from making joint wills even if valid in foreign country i. The proper foreign law was not properly pleaded and proved NOTE: As a general rule, courts do not take judicial notice of foreign laws; foreign laws must be pleaded and proved The following actions may be resorted in case of
Page 253 of 297
LONG-ARM STATUTES
Statutes which specify the kinds of contacts
which jurisdiction will be asserted over a defendant outside of state territory. JURISDICTION OVER THE SUBJECT MATTER Jurisdiction over the subject matter is conferred by law
b.
THEORIES WHY FOREIGN LAW SHOULD BE GIVEN EFFECT: 1. Theory of Comity foreign law is applied because of its convenience & because we want to give protection to our citizens, residents & transients in our land 2. Theory of Vested Rights we seek to enforce not foreign law itself but the rights that have been vested under such foreign law; an act done in another State may give rise to the existence of a right if the laws of that State crated such right. 3. Theory of Local Law- we apply foreign law not because it is foreign, but because our laws, by applying similar rules, require us to do so; hence,
STATUTE OF LIMITATIONS
1. Substantive When the limitation was directed
ENFORCEMENT OF FOREIGN JUDGMENT Plaintiff wants courts to positively carry out and make effective in the State a foreign judgment Virtually implies a direct act of sovereignty Necessitates a separate action or proceeding brought precisely to make the foreign judgment effective May exist without Necessarily carries with enforcement it recognition For BOTH recognition and enforcement, proof of the foreign judgment has to be presented. Moreover, the requisites or conditions for the recognition or enforcement of foreign judgments must be present. to the newly created liability specifically to warrant a qualification of the right 2. Procedural If it operates to bar the legal remedy without impairing the substantive right involved. NOTE: Borrowing statutes direct the state of the forum to apply the foreign statute of limitations to the pending claim based on a foreign law (treats the statute of limitations as a substantive law)
RECOGNITION OF FOREIGN JUDGMENT Courts will allow the foreign judgment to be presented as a defense to a local litigation Involves merely the sense of justice Does not require either an action or a special proceeding
DEPECAGE The phenomenon where the different aspects of the case involving a foreign element may be governed by different systems of laws.
STAGES IN CHARACTERIZATION:
1. 2. 3. 4.
Determination of the factual situation Characterization of the factual situation Determination of the applicable Conflicts rule Characterization of the Point of Contact or the Connecting Factor 5. Determination between procedural and substantial matter 6. Pleading and Proving of the proper law
TESTS OR FACTORS TO DETERMINE POINTS OF CONTACT: Circumstances which may serve as the possible test for the determination of applicable law:
Page 255 of 297
either the nationality of the country of which he is habitually and principally resident, or the nationality of the country with which in the circumstances he appears to be closely connected. MULTIPLE CITIZENSHIP ARISES DUE TO: a. Through a Naturalized Citizens Failure to Comply with Certain Legal Requirements in the country of origin b. From a combined application of Jus Soli and Jus Sanguinis principle c. By the legislative Act of States d. By the voluntary Act of Individual concerned 2. STATELESSNESS Stateless persons are generally subject to the law of their domicile or habitual residence, or in default thereof, to the law of their temporary residence. STATELESSNESS ARISES DUE TO: a. Deprivation of his citizenship for any cause, such as commission of a crime b. Renunciation of ones nationality by certain acts, express or implied; c. Voluntary release from his original state; d. If born in a country which recognizes only the principle of jus sanguinis of parents whose law recognizes only the principle of jus soli NOTE: The Convention on the Adoption on the Reduction of Statelessness (1961) mandates that the jus sanguini country grants its nationality to person born within its territory if he would be otherwise stateless, and the jus soli country to extend its nationality to a person who would otherwise be considered stateless when of his parents is a citizen of the contracting state. DOMICILIARY THEORY The individuals private rights, status, capacity and conditions are determined by his domicile. DOMICILE Is that place where a person has certain settled, fixed, legal relations because: 1. it is assigned to him by law at the MOMENT OF BIRTH (domicile of origin) 2. It is assigned to him by law AFTER BIRTH on account of legal disability caused for instance by minority, insanity or marriage in the case of a woman (constructive domicile or domicile by operation of law) 3. he has a HOME there that to which whenever
Page 256 of 297
country of which the person is not only a national but where he has his domicile or habitual residence, or in the absence thereof, his residence. NOTE: Article 5 of the Hague Convention on the Conflict of Nationality laws provides: a third state shall, of the nationalities which such person possesses, recognize exclusively in its territory
GENERAL RULES ON DOMICILE: 1. No natural person must ever be without a domicile No person can have two or more domiciles at the same time, except for certain purposes, and from different legal viewpoints 3. Every sui juris may change his domicile 4. Once acquired, it remains the domicile unless a new one is obtained: a. By capacitated persons b. With freedom of choice c. With actual physical presence d. And Provable intent that it should be ones fixed and permanent place of abode, there should be animus manendi (intent to remain) or animus nonrevertendi (intent not to return) 5. The presumption is in favor of the continuance of domicile. The burden of Proof is on the one who alleges that a change of domicile has taken place. 2. Vellila v. Posadas abandonment of ones domicile required deliberate and provable choice of a new domicile, coupled with actual residence in the place chosen, with a declared or provable intent that it should be ones fixed and permanent place of abode
SITUS OR ECLECTIC THEORY The capacity, legal condition, or status of an individual should be governed by the law of the place where an important element of the problem occurs or is situated. CHAPTER 7: RENVOI A procedure whereby a legal matter is referred by
the conflict of laws rules of the forum to a foreign
state, the conflict of laws rule of which, in turn refers the matter back to the law of the forum (remission) or a third state (transmission).
CHARACTERISTICS OF STATUS 1. Status is conferred principally by the state not by the individual. 2. Status is a matter or public or social interest. 3. Status being a concept of social order, cannot easily be terminated at the mere will or desire of the parties concerned. 4. Status is generally supposed to have a universal character: when a certain status is created by law of one country, it is GENERALLY judicially recognized all over the world. CHAPTER 9: RULES ON MARRIAGE MARRIAGE AS A CONTRACT Marriage as a contract has two kinds of requisites: 1. Formal generally do NOT affect the validity of the marriage. Art 3 of the Family Code provides for three formal requisites namely: a. authority of the solemnizing officer b. marriage license c. marriage ceremony where the contracting parties appear before the solemnizing officer. 2. Essential affects the validity of the marriage;
Art 2 of the Family Code prescribes two
Between Foreigners
Mixed
Between Foreigners
essential requisites to marriage: a. legal capacity of the contracting parties who must be male and female b. consent freely given in the presence of a solemnizing officer. THEORIES ON THE FORMAL REQUISITES OF MARRIAGE 1. Compulsory theory It is imperative for the Marriage by Proxy (NOTE: a
Mixed
personal laws (either domiciliary or nationality) MARRIAGE AS A STATUS Marriage as a status carries with it implications in two fields: 1. Personal rights and obligations of the spouses personal affair between husband and wife and will not ordinarily be interfered with the courts of justice. Includes mutual fidelity, cohabitation, respect, assistance and support; right of wife to use husbands name; duty to follow husbands residence. GOVERNING LAW - National law of the husband. Subsequent change on the nationality of the spouses are proposed to have the following effects: a. if both will have a common nationality the new one b. if only one will change the last common nationality c. if there never was any common nationality the national law of the husband at the time of the wedding (Hague Convention) 2. Property Relations GOVERNING LAW in the absence of a contrary stipulation in the marriage settlement, national law of the husband regardless of the place of celebration of the marriage and their residence. However, this rule shall not apply: a. where both spouses are aliens; b. with respect to the extrinsic validity of contracts affecting property not situated in the Philippines and executed in the country where the property is located; and c. with respect to the extrinsic validity of contracts entered into in the Philippines not affecting property situated in a foreign country whose laws require different formalities for their extrinsic validity. (Art. 80, Family Code) NOTE: The subsequent change of the nationality of the husband or the wife has no effect on the spouses original property regime EXCEPT when the law of the original nationality itself changes the marital regime, in which case the property relations should change accordingly. This is the doctrine of IMMUTABILITY IN THE MATRIMONIAL PROPERTY REGIME. Recto v. Harden, 100 Phil 427 Legislative jurisdiction, aside from the authority to enact laws, is the competence of a persons national law to govern his status.
Page 259 of 297
and therefore relate to the substantive requirement for marriage. Since the personal law of the parties, e.g., the national law of Filipinos, governs the questions of intrinsic validity of marriages between the Filipinos abroad, the above enumerations are exceptions to lex loci celebrationis precisely because they are controlled by lex nationalii. INTRINSIC VALIDITY controlled by the parties
CHAPTER 10: ANNULMENT/ DECLARATION OF NULLITY/LEGAL SEPARATION ANULLMENT/DECLARATION OF NULLITY Grounds for annulment (if the marriage is voidable merely) and grounds for declaration of nullity (if the marriage is void ab initio) are governed by the law alleged to have been violated; in other words, it is the law of the place of celebration (lex loci celebrationis) subject to certain exceptions, that furnishes the grounds. 1. Jurisdiction to annul in practically all civil countries following the nationality principle, nationals of the forum are permitted to sue for annulment irrespective of their domicile. In many countries today however, jurisdiction is vested in the court of the domicile of the parties. Jurisdiction over the non-resident defendant is not essential. It is the status of the plaintiff that is in issue. He should be domiciled in the forum. 2. The governing law lex loci celebrationis (of the marriage) determines the consequences of any defect to form. Generally, the same applies with reference to substantive or intrinsic validity. But with regard to capacity of the parties to marry, their national law is determinative. ABSOLUTE DIVORCE GENERAL RULE: our courts only observe relative divorce (legal separation). Any divorce sought in Philippine courts will not be granted. Filipino couples cannot obtain absolute divorces abroad and neither shall a valid divorce obtained abroad by Filipino couples be recognized here.
EXCEPTIONS:
FACTUAL SITUATION 1) Paternity and Filiation (including Parental Authority and Reciprocal Support) legitimacy, legitimation, recognition, presumptions of legitimacy, rights and obligations of parents and children, including parental authority, and reciprocal support.
POINT OF CONTACT 1) if legitimate national law of the father (Art 15, Civil Code) 2) if illegitimate national law of the mother unless recognized by the father in which case, national law of the father (Art 15, Civil Code) 3) determination of whether legitimate or illegitimate (national law of the father, as a rule) (Art. 15, Civil Code) Doctrine of Immutability of Status change of parents nationality does not affect the status of the child 2) in general, national law of the adopter NOTE: In the Philippines. adoption by a Filipino does not confer Filipino citizenship on an adopted alien child.
1. Valid divorce obtained abroad between foreigners whose national laws allow divorce. 2. Where a marriage between a Filipino citizen and a foreigner is validly celebrated and a divorce is thereafter validly obtained abroad by the alien spouse capacitating him or her to remarry, the Filipino spouse shall have capacity to remarry under Philippine law. Hague Convention provides that the granting of
2. Adoption creation of the status of adoption; rights and obligations of adopter and adopted 3. Guardianship a) over the person 1) appointing
1) court where the property is found (lex rei sitae) 2) coextensive with those of the appointing court (law of the appointing state) c) see 3(a) and 3(b)
RIGHTS AND OBLIGATIONS INVOLVED UNDER PHILIPPINE LAWS INCLUDE: 1. 2. 3. 4. Personal Care Parental Authority Provide for Education Reciprocal Support
GOVERNING LAW ON THE LEGITIMACY OF A CHILD: The legitimacy of the child is determined by the national law of the parents. If the parents belong to different nationalities, legitimacy of the child is determined by the national law of the male parent. NOTE: Presumptions of Legitimacy are not mere rules of evidence but are considered as substantive law, hence governed as well by the national law of the male parent. RIGHTS OF A LEGITIMATE CHILD: 1. To bear the surname of the father and the mother 2. receive support from their parents, brothers and sisters, in proper cases; 3. to the legitime and other successional rights. NOTE: The law governing the capacity to succeed and the amount of successional rights of the legitimate children are governed by the national law of the decedent. LEGITIMATION Legitimation is the act by which a person not born legitimate, is placed upon the same footing as a legitimate child.
LAWS REGULATING RELATIONS BETWEEN ILLEGITIMATE CHILDREN Relations between the mother and the illegitimate child are governed by the mothers personal law. If the child is later legitimated, personal law of the child follows that of the father.
RIGHTS OF AN ILLEGITIMATE CHILD 1. To use the surname of the mother 2. To Support 3. To Legitime ADOPTION Adoption an act which renders a child legitimate in relation to the adopting parents, to whom the child may or may not be related. 1. Jurisdiction to Grant Adoption The Philippine Courts shall have jurisdiction to grant petition for adoption but must apply the lex fori with respect to procedural matters. Capacity of Aliens to Adopt According to Salonga, the cumulative substantive requirements of the forum and of the national law of the adopter must be complied with.
LAWS REGULATING RELATIONS BETWEEN GOVERNING LAW: The National law of the male parent at the time of the marriage shall govern: a. Whether legitimation has been effected b. Whether or not the legitimation will have retroactive effect c. Other connected matters
2.
Other means Things in transitu (these things have a changing status because they move) Loss, destruction, deterioration Validity & effect of the seizure of the goods Disposition or alienage of the goods
Law of the destination (Article. 1753, CC) Locus regit actum (where seized) because said place is their temporary situs Lex loci volutantis or lex loci intentionis because here there is a contract
INTANGIBLE PERSONAL PROPERTY INTANGIBLE PERSONAL PROPERTY (CHOSES IN ACTION) FACTUAL SITUATION POINT OF CONTACT Recovery of Where debtor may be debts or effectively served with involuntary summons (usually the assignment of domicile) debts (garnishment) Voluntary Lex loci voluntatis or lex assignment of loci intentionis (proper law debts of the contract) Taxation of debts Administration of debts Domicile of creditor Lex situs of assets of the debtor (for these assets can be held liable for the debts) The right embodied in the instrument (for example, in the case of a Swedish bill of exchange, Swedish law determines its negotiability) In general, situs of the instrument at the time of transfer, delivery or negotiation Law of the place incorporation
Page 262 of 297
RULES GOVERNING DIFFERENT KIND OF TRANSFERS: 1. Voluntary transfers of interests in chattels (other than assignment for the benefit of creditors) validity and effect of conveyance as between the parties are determined by the local law of the State which, with respect to the particular issue, has the most significant relationship to the parties. 2. Acquisitions of title by operation of law (e.g. Acquisition by prescription or adverse possession, validity and priority of attachments, levied of execution, statutory liens) governed by lex situs. TANGIBLE PERSONAL PROPERTY (CHOSES IN POSSESSION) FACTUAL SITUATION POINT OF CONTACT
Taxation on the dividends of corporate shares Taxation on the income from the sale of corporate shares Franchises Goodwill of the business & taxation thereto Patents, copyrights, trademarks, trade names
Lex loci voluntatis or lex loci intentionis (proper law of the contract) for this is really a contract; usually this is the place where the certificate is delivered) Law of the place of incorporation Law of the place where the sale was consummated
INTRINSIC VALIDITY OF WILLS Law of the place that granted them Law of the place where the business is carried on In the absence of a treaty, they are protected only by the State that granted them NOTE: foreigners may sue for infringement of trademarks and trade names in the RP ONLY IF Filipinos are granted reciprocal concessions in the State of the foreigners It concerns itself with the order of succession, the amount of successional rights, and the intrinsic validity of the provisions of the will. It is governed by the national law of the person whose will is under consideration in force at the time of death. Capacity to succeed law of the nation of the decedent (Art. 1039, Civil Code)
THEORIES ON THE PROPER LAW FOR THE TRANSMISSION OF SUCCESSIONAL RIGHTS 1. Unitary or single system one law governs the transmission of BOTH real and personal property. 2. Split or scission system one law governs real property while another determines successional rights to personal property. Caduciary rights refer to the right of the state to claim thru escheat proceedings the properties within its territory of a decedent when the decedent is not survived by any heirs. REVOCATION OF WILLS 1. Done in the Philippines - Lex loci actus (of the revocation) (Article. 829) 2. Done outside of the Philippines: a. By a non-domiciliary i. Lex loci celebrationis (of the making of the will, NOT revocation) ii. Lex domicilii (Article 829) b. By a domiciliary of the RP i. Lex domicilii (RP law) ii. Lex loci actus (of the revocation) (Article 17) PROBATE OF WILLS
Page 263 of 297
EXTRINSIC VALIDITY OF WILLS Deals with the forms and solemnities in the making of wills. GOVERNING LAWS 1. If the Testator is a FILIPINO
a. Executed inTIFFPhilippines(Uncompressed) decompressorPhilippine law
are needed to see this picture.
QuickTime and a
b. Executed in foreign country i. Lex nationalii ii. Lex loci celebrationis (Article 817) 2. If the Testator is an ALIEN a. Executed in the Philippines i. Lex nationalii ii. Lex loci celebrationis (Article 815) b. Executed abroad i. Lex nationalii
EXECUTORS AND ADMINISTRATORS 1. The executor is qualified, and the administrator is appointed, by the Court of the place where the deceased was domiciled at the time of death; or in the case of a non-domiciliary, where the assets or properties of the deceased are found. 2. Their rights, powers and obligations are coextensive with the qualifying of the appointing court powers may only be exercised within the territorial jurisdiction of the court concerned. NOTE: these rules also apply to principal, domiciliary, or ancillary administrators & receivers even in non-successive cases CHAPTER 14: RULES ON CONTRACTS EXTRINSIC VALIDITY OF CONTRACTS Governed by lex loci celebrationis EXCEPTIONS: 1. Alienation & encumbrance of property - Lex situs (Article 16 [1]) 2. Consular contracts - Law of the RP (if made in RP consulates) Rule on Validation parties entering into a contract upon equal terms intended their agreement to be binding, and the law will give effect on their intent whenever it can do so under any law whose application the parties can be reasonably be assumed to have taken into account. The rule on validation especially becomes significant in cases involving multi-states contacts and there is difficulty determining where exactly the contract has been celebrated.
CHAPTER 14: TORTS As a general rule, the liability and damages for torts are governed by Lex loci delicti (law of the place where the delict was committed)
CHARACTERIZATION OF THE PLACE OF WRONG (locus delicti) 1. Common law theory looks to the place where the last event necessary to make an actor liable for an alleged tort occurs (where the injury is sustained) 2. Civil law theory view the situs of torts as the place where the tortuous act was committed. OBLIGATION THEORY The tortuous act gives rise to an obligation, which is transitory and follows the person committing the tortuous act and may be enforced wherever he may be found.
MODERN THEORIES IN TORT LIABILITY 1. Doctrine of Elective Concurrence Either the laws of the state where the actor engaged in his conduct and where the injury was incurred may be invoked. 2. Theory of Most Significant Relationship The applicable law shall be the law of the country which has the most significant relationship to the situation. In determining the state which has the most significant relationship, the following factors are to be taken into account: a. place where the injury occurred b. place of conduct causing the injury c. domicile, residence, nationality, place of incorporation and place of business d. place where relationship between the parties is centered 3. State-interest Analysis This principle provides for the following methodology: a. Determine false or spurious conflicts (i.e., internal laws of the different states have the same result or when only one state has an interest in applying its tort law. b. If there is True Conflict: i. If Interested Forum apply the law of such State which has greater interest in upholding its tort law. ii. If Disinterested forum Dismiss on the ground of Non Forum Conveniens. 4. Cavers Principle of Preference guideline on which rules on torts may be applied by States in absence of statutory provision:
Page 265 of 297
3. Adhesion Contracts When there is no proof of arbitrariness, abuse of power, or gross negligence, the contract or stipulation will be enforced. 4. Special Contracts (Please Refer to Conflicts Table 1)
CHAPTER IV: CRIMES GENERAL RULE: The essential elements of a crime and its penalties are generally determined by the law where the crime was committed (locus regit actum). EXCEPTIONS: 1. crimes committed by state officials, diplomatic representatives and officials of recognized international organizations (based on the theory of state immunity from suits) 2. crimes committed on board a foreign vessel even if within the territorial waters of the coastal state, as long as the effect of such crime does not affect the peace and order of the coastal state 3. crimes which, although committed by Philippine nationals abroad are punishable under the local law pursuant to the protective principle of criminal jurisdiction (ie.e. Art 2 of the RPC) THEORIES AS TO WHAT COURT HAS JURISDICTION 1. Territoriality theory where the crime was committed 2. Nationality theory country which the criminal
Page 266 of 297
PHILIPPINE RULE Salonga suggests for the following methodology in solving Torts Problems in the Phils: a. Ascertain and weigh the purpose underlying the tort law of the forum. If the Tort law of the Philippines embodies a social or economic policy, then the law of the forum on Torts shall be applied. b. If the Philippines has no concern or interest in the application of the internal law and the other States have interest, apply the law of such state. NOTE: the State where an injury has occurred has interest in compensating the injured party.
Whereas, the State where the actor has acted
has interest in regulating the conduct of persons
found in its territory. SPECIAL RULES 1. If the tort is committed aboard a public vessel, whether on the high seas or in foreign territorial waters, the country to which the vessel belongs is the locus delicti; the law of the flag is thus the lex loci delicti commissi.
false representation Conspiracy to commit treason, rebellion, or sedition NOTE: Other conspiracies are NOT penalized by our laws Libel Continuing crime Complex crime
representations were made) Where the conspiracy was formed (not where the overt act of treason, rebellion or sedition was committed)
Where published or circulated Any place where the offense begins, exists or continues Any place where any of the essential elements of the crime took place
CHAPTER XV: BUSINESS ASSOCIATIONS CORPORATIONS POINTS OF CONTACT General rule: the law of the place of incorporation Exceptions: For constitutional purposes even if the corporation was incorporated in the RP, it is not deemed a Filipino corporation & therefore cant acquire land, exploit our natural resources, and perate public utilities unless 60% of capital if Filipino owned For wartime purposes we pierce the corporation veil & go to the nationality of the controlling stockholders to determine if the corporation is an enemy (CONTROL TEST) Law of the place of incorporation
Estafa swindling
Where the illegal marriage was performed & Where the property was unlawfully taken from the victim (not the place to which the criminal went after the commission of the crime) or Where the object of the crime was thru received (not where the false
Formation of the corporation (requisites); kind of stocks, transfer of stocks to bind the corporation, issuance, amount
Domicile
Law of the place of incorporation provided that the public policy of the forum is not militated against If not fixed by the law creating or recognizing the corporation or by any other provision the domicile is where it is legal representation is established or where it exercises its principal functions (Article. 15) Principal receiver is appointed by the courts of the State of incorporation; ancillary receivers, by the courts of any State where the corporation has assets (authority is COEXTENSIVE) w/ the authority of the appointing court
by the Philippines
2.
EXCEPTIONS: a. Exploration and Exploitation of Natural resources b. Media c. Wartime Rule d. Piercing of Corporate Veil Law of the place or center of management
Creation of branches in the RP; validity & effect of the branches commercial transaction; & the jurisdiction of the court Dissolution, winding up, & termination of branches in the RP Domicile
RP law (law of the place where branches were created) (Article 15, Code of Commerce)
RP law (Article 15, Code of Commerce) If not fixed by the law creating or recognizing the partnership or by any other provision the domicile is where it is legal representation is established or where it exercises its principal functions (Article. 15)
MULTI-NATIONAL CORPORATIONS Cluster of corporations of diverse nationalities joined together by ties of common ownership and responsive to a common management strategy. Jurisdiction over a local counterpart may amount to jurisdiction on the parent company if the local counterpart is only a branch and is without separate juridical personality from the mother company and when such local counterpart is but a conduit or alter-ego of the parent company. However, if the local counterpart is a subsidiary with an entirely distinct personality, jurisdiction over the local counter-part is not jurisdiction over the parent company. NOTE: A subsidiary is one which is incorporated separately from the mother company, thus obtaining its own juridical personality.
existence of legal personality of the firm; the capacity to contract; liability of the firm & the partners rd to 3 persons
the law of the place where it was created (Article 15 of the Code of Commerce) (Subject to the exceptions given above as in the case of corps.)
Page 269 of 297