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CONFLICTS OF LAWS
Conflicts of law - Part of international law which deals with legal problems involving foreign element
concerning the conflict in the application of local and foreign laws, raised in a proper forum.
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).
Elements
Foreign elements is a factual situation that cut across territorial lines and affected by diverse laws of two
or more states -- Saudia vs Morada
1. One or both litigant is alien
2. Cause of action arises in foreign state
- location of the res
- place of celebration
- place of the act
- place of the crime
SOURCES of COL
Direct sources
Art. 14, 15, 16, 1039, 1183, 1347 at marami pa
Article 26 of Family Code
Section 129 of Corporation Code
Treaties - Hague convention, Warsaw, COGSA
Jurisprudence
International Custom
General Principles of law
lex loci celebrationis
LEx loci actus
LEx rei sitae/lex situs
lex loci delictus
lex loci contractus
lex domicilli
principle of territoriality
Kilberg doctrine
Indirect sources
foreign jurisprudence
journal of renowned legal writers.
2. Assume jurisdiction - exercise of Sovereign Prerogative, if the court has jurisdiction of over the:
a. res
b. Subject matter
c. person
- court has discretion to proceed on the case.
1. The Philippine court is one to which the parties may conveniently resolve;
2. That the Philippine court is in the position to make an intelligent decision as to the laws and facts
3. The Philippine court has likely to have the power to enforce the decision - MHC vs. NLRC
CHOICE OF LAW
Note - Foreign law should be pleaded and proved , if not , presumed to be the same with the local law -
DOCTRINE OF PROCESSUAL PRESUMPTION
TERMS:
LEX DOMICILII - law of the domicile; in conflicts, the law of one's domicile applied in the choice of law
questions
LEX FORI - law of the forum; that is, the positive law of the state, country or jurisdiction of whose judicial
system of the court where the suit is brought or remedy is sought is an integral part. Substantive rights
are determined by the law where the action arose (lex loci) while the procedural rights are governed by
the law of the place of the forum (lex fori)
LEX LOCI - law of the place
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
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
LEX SITUS - law of the place where property is situated; the general rule is that lands and other immovables
are governed by the law of the state where they are situated
LEX LOCI ACTUS - law of the place where the act was done
LEX LOCI CELEBRATIONIS - law of the place where the contract is made
LEX LOCI SOLUTIONIS - law of the place of solution; the law of the place where payment or performance of a
contract is to be made
LEX LOCI DELICTI COMMISSI - law of the place where the crime took place
LEX MEREATORIA - law merchant; commercial law; that system of laws which is adopted by all commercial
nations and constitute as part of the law of the land; part of common law
LEX NON SCRIPTA - the unwritten common law, which includes general and particular customs and particular
local laws
LEX PATRIAE - national law
RENVOI DOCTRINE - doctrine whereby a jural matter is presented which the conflict of laws rules of the forum
refer to a foreign law which in turn, refers the matter back to the law of the forum or a third state. When
reference is made back to the law of the forum, this is said to be "remission" while reference to a third
state is called "transmission."
NATIONALITY THEORY - by virtue of which the status and capacity of an individual are generally governed by
the law of his nationality. This is principally adopted in the RP
DOMICILIARY THEORY - in general, the status, condition, rights, obligations, & capacity of a person should be
governed by the law of his domicile.
LONG ARM STATUTES - Statutes allowing the courts to exercise jurisdiction when there are minimum contacts
between the non-resident defendant and the forum.
PINK NOTES: Rinchels guide to pass your law subjects
CONFLICTS OF LAWS
Marriage by proxy (NOTE: a marriage by Lex loci celebrationis (with prejudice to the
proxy is considered celebrated where the foregoing rules)
proxy appears
CC)
Contracts involving real property which do The law intended will be the proper law of
not deal with the title thereto the contract (lex loci voluntantis or lex loci
intentionis)
Exceptions: same as those for real property EXCEPTION: same as those for real
property EXCEPT that in the example
concerning mortgage, the same must be
changed to pledge of personal property)
2 MEANS OF TRANSPORTATION
Validity & effect of the seizure of the goods Locus regit actum (where seized) because
said place is their temporary situs
Disposition or alienage of the goods Lex loci volutantis or lex loci intentionis
because here there is a contract
PINK NOTES: Rinchels guide to pass your law subjects
CONFLICTS OF LAWS
OTHER THEORIES:
a. National law of the debtor or creditor
b. Domicile of the debtor or creditor
c. Lex loci celebrationis
d. Lex loci solutionis
3 Taxation of debts Domicile of creditor
4 Administration of debts Lex situs of assets of the debtor (for these
assets can be held liable for the debts)
5 Negotiability or non-negotiability of an The right embodied in the instrument (for
instrument example, in the case of a Swedish bill of
exchange, Swedish law determines its
negotiability)
6 Validity of transfer, delivery or negotiation of In general, situs of the instrument at the time
the instrument of transfer, delivery or negotiation
7 Effect on a corporation of the sale of Law of the place incorporation
corporate shares
8 Effect between the parties of the sale of Lex loci voluntatis or lex loci intentionis
corporate shares (proper law of the contract) for this is really
a contract; usually this is the place where
the certificate is delivered)
9 Taxation on the dividends of corporate Law of the place of incorporation
shares
10 Taxation on the income from the sale of Law of the place where the sale was
corporate shares consummated
11 Franchises Law of the place that granted them
12 Goodwill of the business & taxation thereto Law of the place where the business is
carried on
13 Patents, copyrights, trademarks, trade In the absence of a treaty, they are
names 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
b. By a DOMICILIARY of the RP Lex domicilii (RP law) OR lex loci actus (of
the revocation) (Article 17)
PROBATE OF WILLS MADE ABROAD
1 If not yet probated abroad Lex fori of the RP applies as to the
procedural aspects, i.e., the will must be fully
probated here & due execution must be
shown
2 If already probated abroad Lex fori of the RP again applies as to the
procedural aspects; must also be probated
here, but instead of proving due execution,
generally it is enough to ask for the
enforcement here of the foreign judgment on
the probate abroad
EXECUTORS AND ADMINISTRATORS
1 Where appointed Place where domiciled at death or incase of
non-domiciliary, where assets are found
2 Powers Co-extensive 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
PINK NOTES: Rinchels guide to pass your law subjects
CONFLICTS OF LAWS
RULES ON OBLIGATION AND CONTRACTS
FACTUAL SITUATION POINT OF CONTACT
FORMAL OR EXTRINSIC VALIDITY Lex loci celebrationis (Article 17 {1})
Exceptions
RULES ON TORTS
FACTUAL SITUATION POINT OF CONTACT
Liability & damages for torts in general Lex loci delicti (law of the place where the delict
was committed)
NOTE: The locus delicti (place of commission
of torts) is faced by the problem of NOTE: liability for foreign torts may be
characterization. In civil law countries, the enforced in the RP if:
locus delicti is generally where the act began; a. The tort is not penal in character
in common law countries, it is where the act b. If the enforcement of the tortious
first became effective liability wont contravene our public policy
c. If our judicial machinery is adequate for
such enforcement
RULES ON CRIMES
FACTUAL SITUATION POINT OF CONTACT
ESSENTIAL ELEMENTS OF A CRIME AND PENALTIES Generally where committed (locus regit
actum)
THEORIES AS TO WHAT COURT HAS JURISDICTION:
a. Territoriality theory where the crime was committed
b. Nationality theory country which the criminal is citizen or a subject
c. Real theory any state whose penal code has been violated has jurisdiction, where the
crime was committed inside or outside its territory
d. Protective theory any state whose national interests may be jeopardized has jurisdiction
so that it may protect itself
e. Cosmopolitan or universality theory state where the criminal is found or which has his
custody has jurisdiction
f. Passive personality theory the state of which the victim is a citizen or subject has
jurisdiction
NOTE: In the RP, we follow the territoriality theory in general; exception: Article 2, RPC, stresses
the protective theory
THE LOCUS DELICTI OF CERTAIN CRIMES
1 Frustrated an consummated, homicide, Where the victim was injured (not where the
murder, infanticide & parricide aggressor wielded his weapon)
2 Attempted homicide, etc. Where the intended victim was (not where
PINK NOTES: Rinchels guide to pass your law subjects
CONFLICTS OF LAWS
the aggressor was situated) so long as the
weapon or the bullet either touched him or
fell inside the territory where he was
3 Bigamy Where the illegal marriage was performed
4 Theft & robbery Where the property was unlawfully taken
from the victim (not the place to which the
criminal went after the commission of the
crime)
5 Estafa or swindling thru false representation Where the object of the crime was received
(not where the false representations were
made)
6 Conspiracy to commit treason, rebellion, or Where the conspiracy was formed (not where
sedition the overt act of treason, rebellion or sedition
NOTE: Other conspiracies are NOT was committed)
penalized by our laws
7 Libel Where published or circulated
8 Continuing crime Any place where the offense begins, exists or
continues
9 Complex crime Any place where any of the essential
elements of the crime took place
1. CASES
1. CADALIN VS POEA - 12-5-94 - court of forum will not enforce any foreign claim obnoxious to
the public policy of the forum.
-- foreign procedural law is inapplicable in the forum. Procedural matter are governed by the law
of the forum even if the action is based on foreign law.
2. HSBC VS SHERMAN - an agreement to sue and be sued is a specific court does not preclude
the filing of suit in the residence of plaintiff or defendant - renuncio non prasunitur
3. SALVACION VS BVP - When the local law gives protection to the foreigner with prejudice
against a national, , interpretation should be in favor of the national.
4. LAUREL VS GARCIA - lex situs is applicable only in a dispute over the title of an immovable
such that capacity to take and transfer, or the interpretation and effect of conveyance and the
essential validity of transfer not when the issue is tether authority of the government to sue the
immovable is in question.
5. AZNAR VS GARCIA - Renvoi - when the nationality of the deceased (foreigner) states that the
law of the domicile (Phil) should govern, then the successional rights of the heir is govern by the
Phil law.
6. SAUDI ARABIAN AIRLINE VS CA 10-8-98 - when the factual situation of the case has
significant relation to the place of the forum, and the defendant is a foreign corporation engaged
in doing in business in the Phil and the plaintiff is a resident therein, the court can acquire
jurisdiction over the case.
8. PAKISTAN VS OPLE - if respondent did not present evidence of foreign law, it is presumed
that the foreign law is the same as the law of the forum.
- stipulation of the parties does not deprive the forum of its jurisdiction
REBUS SiC INSTANTIBUS - opposite of pacta sunt servanda - justify the non performance of the
treaty - requires political act
- summon by publication or service of summon to the ambassador of Brazil does not acquire
jurisdiction to the petitioner.
10. MHC vs NLRC 10-13-00 - if the only link it has with the case is that the respondent is a
Filipino Resident, case cannot be tried.
PINK NOTES: Rinchels guide to pass your law subjects
CONFLICTS OF LAWS
- if case involve purely foreign element - court ca refuse to assume jurisdiction - forum non
conviniens
OTHER CASES
2. Phil aluminium vs RTC of Pasig - 10-12-00 GRN 137378
3. Nagarmull vs binalbagan GRN L-22478, 5-28/78
4. NW Orient airline vs Ca - GRN 112573, 2-9-95
5. Perkins vs Dizon
6. Boudard vs Tait
7. Perkins vs Benguet Consolidated Mining
8. Philsec vs Ca
9. Inghenoil vs Walter and olsen GRN 22288 1-12-25
10. Asiavest vs CA 110263 7-20-01