Conflict of Laws Notes

Main reference: Agpalo, Conflict of Laws

I. INTRODUCTION TO CONFLICT OF LAWS
Private International Law - that branch of international law which regulates the
comity of states in giving
effect in one to the municipal laws of another relating private persons, or conc
erns the rights of persons within
the territory and dominion of one state or nation, by reason of acts, private or
public, done within the dominion
of another, and which is based on the broad general principle that one country w
ill respect and give effect to
the laws of another so far as can be done consistently with its own interests
Foreign element - a factual situation that cuts across territorial lines and is
thus affected by the diverse laws of
two or more states
Comity - the recognition which one state allows within its territory to the legi
slative, executive, or judicial acts
of another state, having due regard both to international duty and convenience a
nd to the rights of its own
citizens or of other persons who are under the protection of its laws
Lex situs - the applicable law regarding the acquisition, transfer and devolutio
n of the title to property is the
law where the property is located
Lex fori - the law of the forum, where the case if filed
Lex loci actus - the law of the place where the act is done
Lex loci celebrationis - the law of the place where the contract is entered into
Lex loci contractus - the proper law applicable in deciding the rights and liabi
lities of the contracting parties
Lex loci delictus - the law of the place where the offense or wrong took place
Lex loci domicilii - the law of the place of the domicile of the person
Lex loci rei sitae (lex situs) - the law of the place where a thing is situated
Kilberg doctrine - a rule to the effect that the forum is not bound by the law o
f the place of injury or death as
to the limitation on damages for wrongful act because such rule is procedural an
d hence the law of the forum
governs the issue
Center of gravity doctrine (most significant relationship theory; grouping of co
ntacts) - choice of law
problems in conflict of laws are resolved by the application of the law of the j
urisdiction which has the most
significant relationship to or contact with event and parties to litigation and
the issue therein
GENERAL RULE: Law of one country has no application and force in another country
. Philippine laws have no
extraterritorial effect.
EXCEPTION: Consent: when our laws provide extraterritorial effect to our laws wi
th respect to citizens and nationals
(e.g. extraterritoriality principle of RPC)
**But now in PRIL, foreign laws and foreign judgments may be given force and eff
ect in our country, because of the
growing inter-dependence of states and on basis of the principle of comity.
2 REMEDIES INVOLVED:
1. Enforcement of rights
2. Recognition and enforcement of foreign judgment
**Conflict of laws presupposes two or more conflicting laws, between a local law
and a foreign law involving a foreign
Conflict of Laws Page 1
element or elements, which requires a determination of which law should apply.
Is there a conflicts case?
A factual situation that cuts across territorial lines and is affected by the di

verse laws of two or more

states is said to contain a foreign element. The presence of a foreign element is
inevitable since
social and economic affairs of individuals and associations are rarely confined
to the geographic limits
of their birth or conception. (Saudi Arabia Airlines vs. CA, G.R. No. 122191, Oc
t. 8, 1998)
The forms in which this foreign element may appear are many. The foreign element
may simply consist
in the fact that one of the parties to a contract is an alien or has a foreign d
omicile, or that a contract
between nationals of one State involves properties situated in another State. In
other cases, the
foreign element may assume a complex form. (Saudi Arabia Airlines vs. CA, supra)
In the instant case, the foreign element consisted in the fact that private resp
ondent Morada is a
resident Philippine national, and that petitioner SAUDIA is a resident foreign c
orporation. Also, by
virtue of the employment of Morada with the petitioner SAUDIA as a flight stewar
dess, events did
transpire during her many occasions of travel across national borders, particula
rly from Manila,
Philippines to Jeddah, Saudi Arabia, and vice versa, that caused a conflicts situa
tion to arise.(Saudi
Arabia Airlines vs. CA, supra)
3 WAYS OF SOLVING CONFLICT OF LAWS PROBLEM:
1. Court might refuse to hear the case and dismiss it on ground of lack of juris
diction or forum non
conveniens
2. Court might decide the case by its own local law
3. Court might decide the case by special rules formulated to address the proble
m