Académique Documents
Professionnel Documents
Culture Documents
Principally
governs
individuals in their private
transactions
which
involves a foreign element
Definition
As to sources of law:
Codified in Art. 38 of the
Statute of International
Court of Justice
As to persons involved:
Governs only states and
internationally-recognized
organizations
As to transactions:
Involves state-to-state or
government-togovernment matters
As to remedies:
In case of violation, a state
may resort to
1) diplomatic protest
2) peaceful means of
settlement
(diplomatic
negotiations, arbitration
or conciliation)
3) adjudication by filing a
case before international
tribunals
4) use force short of war,
or eventually go to war
C.
Relates
to
transactions
individuals
private
between
Ius gentium
In PIL, it means the law of nations
It is used in the early Roman empire to mean the
body of rules developed by the praetor peregrinus to
resolve disputes between foreigners or between
foreigners and Roman citizens
It includes Greek legal doctrines and concept of
bona fides as ius civile only applies t Roman citizens
Roman Law
16 century, France
th
Pascuale Mancini
Netherlands
B.
19 Century
th
Neo-Statutists
followed Italian theory: when 2 or more
independent laws are applicable to a Conflict
problem, the method so devised determines what
law shall prevail
Internationalists
there should be a single body of rules that can
solve problems involving a foreign element
Territorialists
law of the State applies to persons and things
within the State, therefore, no foreign law is
applied.
Branch: only rights vested or acquired under
foreign law are recognized in the forum but not
foreign law itself
1969
2 Restatement of Conflict of Laws, adopted by
American Law Institute under Prof. William
Reese, proposed that in the absence of statutory
law, law to be applied in Conflict case, is the law of
the most significant relationship.
nd
3.
4.
5.
6.
Corporation Code
General Banking Act
Foreign Currency System Act
Phil Foreign Law Guarantee Corp
Retail Business Regulation Act
Anti-Dummy Law
Nationalization of Rice and Corn Industry Act
Insurance Code
IP Code
Patent Law
Trademark Law
COGSA
Salvage Law
Public Service Act
Civil Aeronautics Act
Phil Overseas Shipping Act
Investment Incentives Act
Export Incentives Act
RA 7722
B.
Personal status
C.
2)
3)
4)
A.
2)
3)
D. Judicial decisions
Decisions of courts are the most important source of CL
rules and form the main bulk of source of conflict rules.
According to Graveson: This branch of law is more
completely judge-made than almost any other. In its
application, judges have to deal with All Manner of People
more than any other branch. The claim of justice for right as
a basis for conflict of laws is supported not only by the terms
of the judicial oath but by judicial dicta in judgments.
1.
3)
2.
A non-resident plaintiff who files a suit is deemed to consent
to the courts exercise of JD over subsequent proceedings
arising out of his original cause of action (counterclaims).
JD over the defendant may be had by personal or
substituted service of summons.
Gemperle vs. Schenker
(1967)
FACTS: Paul Schenker (Swiss citizen and resident) filed a
complaint against Gemperle through his wife Helen
Schenker, for enforcement of subscription to shares of
stock. Gemperle filed a suit against Paul for damages, saying
that Paul caused allegations to be published attacking his
reputation and bringing him into public hatred and discredit
as a businessman. Schenkers defense: court has no JD over
the person of Paul.
HELD: Jurisdiction was acquired by the lower court over the
person of Paul through service of summons addressed to
him upon Helen, it appearing from the answer that she is the
representative and attorney-in-fact of her husband in the civil
case.
Jurisdiction:
1) over the person
a) voluntary appearance
b) submission to authority
b)
Presence/Jurisdiction:
1) Traditional Views
a)
Pennoyer actual physical presence
2) Modern Views
Long-Arm Statutes
Long-arm statutes specify the kinds of contacts upon which
JD will be asserted. Some long-arm statutes broadly
authorize courts to assert JD in any case not inconsistent
with the Constitution, leaving it to the court to define its
limitations on a case-by-case basis.
3.
HELD: The Delaware court cannot exercise JD just
because the stocks are statutorily present in Delaware. The
property (stocks) is not the subject matter of the litigation
nor is the underlying cause of action related to the property.
Also, the facts in CAB does not demonstrate that defendants
have purposefully availed themselves of the privilege of
conducting activities within the forum state in a way that
would justify bringing them before a Delaware court.
a)
b)
c)
2)
1.
2)
3)
4)
2.
Assume Jurisdiction
1)
2)
a)
b)
3)
a)
b)
c)
d)
e)
h)
f)
g)
V. Choice of Law
A.
2)
B.
1.
-
Traditional Approaches
a.
-
i.
ii.
iii.
vi.
iv.
v.
b.
-
Examples of application:
i.
ii.
b.
c. Cavers Principles of Preference
-
2.
Modern Approaches
Interest Analysis
e.
Leflars
Considerations
Choice-Influencing
c.
-
Comparative Impairment
A.
Subject-matter Characterization
2.
HELD: California Civil Code will not apply. The law of the
place where land is situated governs its descent, alienation
&transfer & for the effect & construction of wills & other
conveyances.
As mandated by Philippine law, the lands were acquired as
community property in the conjugal partnership. The wife
was vested with a title equal to that of her husband. Upon
her death, if there are no obligations of the decedent, her
share in the conjugal property is transmitted to the heirs by
succession.
Though the court was silent on the matter of
characterization, it had the task of categorizing the issue as
one involving:
b) property to be governed by lex situs, or
c) succession to be governed by decedents
national law (California)
Characterization problems are considered a threat to
traditional choice-of-law theories whose aims are uniformity
& predictability of results.
Problems:
A) C, is adopted in the Philippines by a former Filipino
citizen and moves to the US with her adoptive mother, M.
By Ms laws, C will not be an heir. Will C be entitled to an
intestate share in Ms estate?
The court would have to decide whether it is a Q relating to
1. Legality & effects of adoption: law of state where
legal relationship of adoption was established or where the
adoption decree was granted shall govern; or
2. Succession: adopters personal law shall prevail
B) Principal authorizes a person to act as his agent in
another country. Agent commits a negligent act. What law
will determine the principals liability?
It depends on the courts characterization of the case as:
1. Contractual: law of the place where the contract
of agency was entered into; or
Substance-Procedure Dichotomy
Currie: The court availed of one of several escape devices characterization. It characterized the problem differently,
such producing the result previously recognized as the sound
result.
This device is not ideal. It is better if courts could expressly
state the considerations that helped them determine the
results and indicate clearly how these considerations will be
used in other cases.
No objective standard has been suggested. An attempt to
explain the court decision in terms of demands of justice
or social policy would create uncertainty & arouse
criticism.
Procedural issues are governed by forum law so that the
court will not be unduly burdened by task of studying
peculiarities of another legal system. It must be noted,
though, that some matters cannot be clearly defined as
procedural or substantive.
Two Issues whose classification
substantive) is debatable:
(as
procedural
or
1) Statute of Frauds
Grant vs. Mcauliffe
(1953)
FACTS: Plaintiffs, Grant, et al., (California residents) were
injured in Arizona when their vehicle collided with that of
Pullens (California resident), who died of accident. The
suit against estate of Pullen filed by Grant to recover
damages was dismissed because under Arizona law- a tort
action not commenced before the death of the tortfeasor
must be abated. But under California law, an action for tort
survives the death of tortfeasor.
HELD: Survival statutes are procedural. Thus, California
(forum) law applies. Forum law governs if issue is
procedural. Under California Civil Code the action out of a
10
Borrowing statutes
Purpose: Many states, the Philippines among others, have
passed borrowing statutes to eliminate forum-shopping.
However, in the case of Cadalin, the court said that to
enforce the borrowed statute would contravene public policy
on protection of labor.
Cadalin vs. POEA Administrator
(1994)
FACTS: Cadalin et al. instituted a class suit with the POEA
for money claims arising from their recruitment by AIBC
and BRII for pretermination of employment contracts.
Under Bahrain law where some of the complainants were
deployed, the prescriptive period for claims arising out of a
contract of employment is one year.
HELD: Even though a law on prescription may be
considered as substantial or procedural, its characterization
as either becomes irrelevant when the country of the forum
has a borrowing statute. Said statute has the practical effect
B. Depecage
From depecer, which means to dissect.
Different aspects of a case involving a foreign element may
be governed by different systems of laws.
Von Mehren & Trautman: A man dies intestate domiciled
in state A & w/ movable properties in State B.
How will the mans estate be divided?
State A conflict rules refer to laws of domicile. Intestate law
of State B gives the widow a definite share in the estate of
deceased. But the determination of WON the woman
claiming the share is a wife is referred to family law, not
laws on succession.
b.
c.
Issues of law governing movable properties & successional
rights of spouse are of primary importance, embodying
substance of claim. Validity of marriage affects solution
because it answers a preliminary or incidental Q.
d.
e.
f.
g.
Merits of Depecage:
This technique allows other relevant interests of parties to be
addressed. Thus, it permits courts to arrive at a functionally
sound result w/out rejecting the methodology of the
traditional approach. This nuanced single-aspect method
employs depecage by choice.
11
2)
VII. The Problem of Renvoi
A.
the court may accept the renvoi and refer not just
to another states internal law but to the whole
law (includes choice-of-law rules applicable in
multi-state cases)
Definition
Renvoi:
State A
(RP)
State B
Art. 16
CC
Internal law
Conflict-oflaws rule
B.
Renvoi
4)
12
Usefulness of Renvoi
Objections to Renvoi
Critics:
1)
renvoi would place the court in a perpetuallyenclosed circle form which it would never emerge
and that it would never find a suitable body of
substantive rules to apply to a particular case.
The theoretical problem presented is that renvoi is
workable only if one of the states rejects it and that
it achieves harmony of decisions only if the states
concerned do not agree on applying it the same
way.
13
2)
3)
2.
3.
14
1)
2)
3)
4)
5)
6)
7)
8)
1.
15
2.
6.
3.
7.
WHY? 3 reasons:
a. land & its improvements are within the exclusive
control of the State & its officials are the ones who
can physically deal with them
b. following a policy-centered approach, immovables
are of greatest concern to the state in which they
are situated
c. demands of certainty & convenience
5.
Demerits:
Problems arise with regard to:
a. stateless persons
b. persons with multiple nationalities
c. states w/ diverse legal systems having no single
national law
2)
1)
8.
4.
16
Determination of Nationality
Talaroc vs. Uy
(1952)
FACTS: Uy was elected mayor of Manticao, but one of the
defeated candidates filed a petition for quo warranto,
alleging that Uy was a Chinese citizen and therefore
ineligible for the office.
HELD: Uy is a Filipino citizen, following the citizenship of
his mother, who reacquired her Filipino citizenship upon
the death of her Spanish husband. A wife reverts to her
former status upon dissolution of the marriage by the death
of her husband, and where the widowed mother herself thus
reacquired her former nationality, her children (she being
their natural guardian) should follow her nationality with the
proviso that they may elect for themselves upon reaching
majority.
2)
a)
1. Natural-born Citizens
Two principles w/c may be followed:
2.
Citizens by Naturalization
17
b)
c)
d)
e)
How
to
prove
irreproachable
conduct? By competent evidence such
as testimony of 2 character witnesses
well known in community w/ high
reputation for probity.
4)
5)
6)
b)
c)
d)
e)
Declaration of Intention
18
1)
2)
3)
19
a)
b)
d)
20
2.
Statelessness
Nottebohm Case
(1955)
FACTS: Liechtenstein brought a case against Guatemala in
the ICJ for breach of its obligations under international law
and asking for reparations in behalf of Nottebohm. It is the
position of Liechtenstein that Nottebohm acquired
Liechtenstein citizenship which would entitle him to its
diplomatic protection.
a)
b)
1.
1) Child born of
o parents who are nationals of country
applying jus sanguinis
o in a country applying jus soli
has dual nationality
2) Filipino citizen who marries an alien may
acquire citizenship of his or her spouse if the
spouses national law so allows.
But a Filipino citizen who marries an alien shall retain
Philippine citizenship, unless by his or her act or omission,
he is deemed under the law, to have renounced it by taking
an oath of allegiance to the spouses country or by express
renunciation.
3) Another instance of dual or multiple nationality
is the case of an individual who is naturalized
citizen of another state but has not effectively
renounced his former nationality.
identity:
HELD: The permission of the Minister of the Interior of
China is required before a certificate of naturalization can be
issued in favor of Oh Hek How. The question of how a
Chinese citizen may strip himself of that status is necessarily
governed by the laws of China, not that of the Philippines.
As a consequence, a Chinese national cannot be naturalized
as a citizen of the Philippines, unless he has complied with
the laws of China requiring previous permission of its
Minister of the Interior for renunciation of nationality.
21
1)
2)
as punishment or
as discriminatory instrument for political, religious
or ethnic reasons
X. Domicile
A.
Definition
22
Merits:
1)
2)
Demerits:
ones domicile is not ascertainable without first
resorting to the courts to establish whether or not
there is animo manendi
D. Kinds of Domicile
st
1)
2)
3)
1)
2)
3)
4)
3 Kinds of Domicile:
1)
2)
In re Dorrances Estate
(1932)
FACTS: Dorrance was born in Pennsylvania. He worked
and resided in New Jersey, transferred to Philadelphia and
then returned to New Jersey. Later he was able to buy an
estate in Pennsylvania, where he stayed with his family until
his death. During his lifetime he expressed that he intends to
remain a domiciliary of New Jersey. Pennsylvania assessed
inheritance tax on his estate.
23
look after his stock. Upon his death, the administrator paid
the whole of the estate to the widow according to West Va.
law. However, if Penn. law was applied, of the estate
would go to Whites siblings. The law of his domicile
governs the distribution of his estate.
HELD: Pennsylvania was his domicile at the time of his
death. Two things must concur to establish domicilethe
fact of residence, and the intention of remaining. These two
must exist in combination. When one domicile is definitely
abandoned, and a new one selected and entered upon,
length of time is not important; one day will be sufficient,
provided the animus exists.
3)
ground that he was not qualified to adopt, him being a nonresident alien.
HELD: Actual or physical presence or stay of a person in a
place, not of his free and voluntary choice and without intent
to remain there indefinitely, does not make him a resident of
the place. Caraballo is disqualified to adopt because he is a
non-resident alien. His stay in the Philippines is only
temporary, and is merely the result of his assignment as staff
sergeant.
In recent decisions, courts have held that a person under
compulsion should not be barred from proving that he has
developed the required unqualified intention to establish his
permanent abode in such place. The fact of compulsion is
reduced to just one of the factors in determining whether
intent, in fact, exists.
HELD: CFI Iloilo has JD. Where the husband has given
cause for divorce, the wife may acquire another and separate
domicile from that of her husband.
*There are exceptions to the rule that the domicile of the
wife is determined by that of her husband, one of which is
that the wife may acquire another and separate domicile
from that of her husband where the theoretical unity of
husband and wife is dissolved, as it is by the institution of
divorce proceedings; or where the husband has given cause
for divorce; or where there is a separation of the parties by
agreement, or a permanent separation due to desertion of
the wife by the husband or attributable to cruel treatment on
the part of the husband; or where there is a forfeiture by the
wife of the benefit of the husbands domicile.
Modern view (married women): dispenses with the
presumption that the wifes domicile is the same as her
husbands. Each party establishes his or her own domicile
completely independent of each other. As a result, the wife
need not show that her husband has given cause for divorce
or legal separation to have a separate domicile.
Special Problems in
Constructive Domicile
Domicile
of
Choice
vis--vis
1)
2)
24
Definition
Personal capacity
1.
2.
Art. 40, CC
Birth determines personality; but the conceived child shall
be considered born for all purposes that are favorable to it,
provided it be born later with the conditions specified in the
following article.
Art. 41, CC
For civil purposes, the fetus is considered born if it is alive at
the time it is completely delivered from the mothers womb.
However, if the fetus had an intra-uterine life of less than 7
months, it is not deemed born if it dies within 24 hours after
its complete delivery from the maternal womb
Geluz vs. CA: SC did not allow for recovery of damages for
Status once established by the personal law of the party, is
given universal recognition.
Status, capacity, and rights and duties, brought into existence
by State A and conferred in a natural or juridical person
under its jurisdiction, should be recognized by State B,
without any exception or qualification imposed by the latter,
except by some definite or protected rule of municipal law.
-
25
3.
Art. 390, CC
After the absence of 7 years, it being unknown whether or
not the absentee still lives, he shall be presumed dead for all
purposes, except for those of succession.
The absentee shall not be presumed dead for the purpose of
opening his succession till after the absence of 10 years. If he
disappeared after the age of 75 years, an absence of 5 years
shall be sufficient in order that his succession may be
opened.
Art. 391, CC
The ff. shall be presumed dead for all purposes, including
the division of estate among the heirs:
(1) a person on board a vessel lost during sea voyage, or an
airplane which is missing, who has not been heard of
for 4 years since the loss of the vessel or airplane.
(2) A person in the armed forces who has taken part in war
and has been missing for 4 years
(3) A person who has been in the danger of death under
other circumstances and his existence has not been
known for 4 years
However, for specific purposes, our laws require that a
declaration of death be issued before certain legal effects of
death arise ex. Contracting a subsequent marriage but the
periods are reduced to 2 years.
The legal effects of absence and restrictions on his capacity
are determined by his personal law.
E.
Name
1.
2.
3.
4.
F.
Age of Majority
5)
6)
7)
1.
XII. Choice of Law in Family Relations
Man & woman may decide to marry in a country other than
that of their nationality & come home. Issue of validity of
marriage & legal consequences may be raised (Legal
consequences such as personal & property relations, status &
rights of children, use of surname & right to inherit).
Family law is an area of substantive law which reflects strong
policies of state often based on values highly held by society.
Family relations give rise to grave individual & societal
concerns.
A.
Marriage
4)
1)
2)
3)
26
3)
5)
6)
7)
state
provides
substantive
nd
nd
1)
1)
2)
3)
27
2)
3)
4)
5)
6)
7)
8)
9)
5)
The state may resort to ultimate escape devicecontravention of a public policy to w/hold recognition of
validity of a foreign marriage.
st
2)
3)
4)
In re Mays Estate
(1920)
FACTS: Fannie is Sams niece by half blood; they are both
Jewish and NY residents. NY prohibits marriage between
uncle and niece, so they went to Rhode Island, where such
marriage is also prohibited except where the parties are
Jewish (the Jewish faith allow such marriages). After the
ceremony they went back to NY to live there.
HELD: The marriage is valid. The legality of a marriage
between persons sui juris is to be determined by the law of
the place where it is celebrated. The general principle is that
the rights dependent upon nuptial contracts are to be
determined by the lex loci, subject to 2 exceptions: 1) cases
within the prohibition of positive law, and 2) cases involving
polygamy or incest in a degree regarded generally as within
the prohibition of natural law. As to the first exception, there
is no positive law in New York which serves to interdict
the marriage in Rhode Island of Sam and Fannie, and as to
the second exception, their marriage was not offensive to the
public sense of morality, it being allowed by the Jewish faith.
Instances Where Recognition of Validity of Marriage May
be Withheld:
28
2)
4. Effects of Marriage
Personal Relations between the Spouses
1)
2)
Art 69 Family Code: Husband & wife have the right to fix
family domicile.
3)
Divorce jurisdiction:
celebrationis
29
1.
Effects:
alien is capacitated to remarry
Filipino spouse shall likewise have the capacity to
remarry under Philippine law
1.
2.
30
2.
b)
c)
C.
governing law?
D. Parental Relations
What law determines legitimacy of a child? Personal law of
parents - either domicile or nationality.
a)
b)
1)
2)
3)
E.
Adoption
In the PHILIPPINES:
31
1)
Original purpose: solace for childless or people who lost
children
Effects Of Adoption
What law governs rights of adopted child & other effects of
legal adption? (law that governed the creation of adoption)
2)
Other requirements:
a) certification of legal capacity
b) certification that the State law would
allow entry of the adoptee as an adopted
child of the adopter.
RA 8043:
o
law
2)
Philippine courts:
o Adoption relates to a civil rights of adopted
child
o Does not effect changes in political rights,
including eligibility to acquire adopters
citizenship
In the Philippines, principles of enforcement & recognition
of a foreign judgment governs, because the decree granting
an adoption is in the form of a foreign judgment.
Uggi Lindamand Therkelsen vs. Republic
(1964)
FACTS: Therkelsen (a German) and his wife Erlinda (a
Filipino), filed a petition to adopt Erlindas natural child.
The application was denied on the ground that an alien
cannot adopt a Filipino unless the adoption would make the
Filipino minor a citizen of the aliens country.
32
Lex situs: the state where the property is situated has the sole
power to decide the validity and effects of the transfer of
property. Also, the parties legitimate expectations are
protected. The rationale for this is that being physically part
of the country, it should be subject to the laws thereof. The
situs is the place most closely and significantly related to the
issue in question.
Alternatives to lex domicilii and lex situs:
a)
b)
For real property, there is very little room for choice of law,
because of the emphasis on lex situs.
Why?
1)
33
2)
3)
3)
2.
Situs of Money
3.
2)
or accidental.
Also, when the issue involves considerations other than the
validity and effect of the transfer itself, the courts may look
to the law of another state which has a real interest in
applying its law.
Rudow vs. Fogel: since the issue did not relate to land title
but to whether the conveyance would result in a constructive
trust among family members, the law applicable is the law of
the domicile of the trustor and trustee instead of the lex situs
of the property.
E.
1.
Situs of Debts
the decedent
Under a policy-centered approach, the forum court is not
bound to look to the law of the situs when the situs of the
movable property at the time of the transfer was insignificant
4.
F.
34
2.
Art 17, CC
The forms and solemnities of contracts, wills, and other
public instruments shall be governed by the laws of the
country in which they are executed.
As to Contracts entered into by cablegram, telex or fax: Art.
1319, CC states that acceptance made by letter or telegram
does not bind the offeror except from the time it came to his
knowledge. The contract is presumed to have been entered
into the place where the offer was made.
C.
B.
1.
2.
3.
35
1.
b)
2.
3.
Art 1306, CC
The contracting parties may establish such stipulations,
clauses, terms and conditions as they may deem convenient,
provided that they are not contrary to law, morals, good
customs, public order or public policy.
Art, 1370, CC
If the terms of the contract are clear and leave no doubt
upon the intention of the contracting parties, the literal
meaning of the stipulations shall control.
The law looks at the acts of the parties and the surrounding
circumstances which may possibly have exerted some
influence upon their actions and then assumes that their
intentions are in harmony with such acts and circumstances.
Parties are presumed to contemplate to enter into a valid
contract. The court should apply the law that will sustain the
contract.
D. Capacity to Enter into Contracts
The capacity to enter into contracts is governed by the rule
on status and capacity (personal law). In countries that follow
the nationality principle, the national law prevails (art. 15,
CC). In countries that follow the domiciliary principle, law of
their domicile governs.
E.
1.
36
2.
Puromines vs CA
((1993)
FACTS: Puromines and Philip Bros. entered into a contract
of sale with an arbitration clause. Puromines filed for
complaint in RTC, Manila. Philip Bros. filed a MTD on the
basis of an arbitration clause.
HELD: Arbitration clause is valid. Puromines derives its
right from the bill of lading together with the sales contract &
it is bound by the provisions and terms of the bill of lading
and of the arbitration clause incorporated in the sales
contract.
The courts will look with favor upon such amicable
settlements (arbitration) and will only interfere with great
reluctance to anticipate or nullify the action of the arbitrator.
The Bremen vs. Zapata
(1972)
FACTS: Zapata, a Houston company, entered into a
contract of towage with Unterweser, a German corp.
Contract contained a forum selection clause which provides
that any dispute arising must be treated before London
courts.
Zapata filed a suit in admiralty against Unterweser for breach
of contract and damages in Florida District Court.
Unterweser filed motion to dismiss for lack of jurisdiction
citing the forum-selection clause.
HELD: Florida court has no jurisdiction. As a rule, a forum
clause should control absent a strong showing that it should
be set aside. Court should enforce the forum clause
specifically unless Zapata could clearly show that
a.
b.
c.
d.
3.
Adhesion Contracts
37
2)
3)
4)
4.
Special Contracts
a.
b.
38
3.
2)
3)
4)
4.
F.
1.
2.
3.
4.
5.
6.
place of contracting
place of negotiating of the contract
place of performance
situs of the subject matter of the contract
domicile, residence, nationality, place of incorporation
and place of business
place under whose local law the contract will be most
effective
39
In re Estate of Johnson
(1918)
FACTS: Ebba Ingeborg sought to annul the probate of the
will of his father Emil Johnson, because the resulting
intestacy would be favorable to her as a sole heir. She
stresses that Section 636 of the Code Of Civil Procedure
should not govern the will executed by her father in the US,
because the word state in the body of the section is not
capitalized (thus not referring to a State in the US).
HELD: This interpretation is erroneous because the full
phrase another state or country, means that the section
refers to either a State in the US or another country. The
admission of the will to probate by the CFI of Manila under
Section 636 was therefore correct. Although the CFI Of
Manila most likely erred in taking judicial notice of Illinois
law when it promulgated that the will was executed in
conformity with the laws of Illinois, Ebba is now precluded
to raise this issue because the petition to annul the probate
did not allege the difference between Philippine Law and
Illinois law.
2)
3)
4)
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o
o
o
o
simple
convenient
does not require notarization
guarantees absolute secrecy
o
o
o
peculiarly dangerous
an invitation to forgery
short
statements
can
handwriting experts
Demerits:
confuse
3)
C.
Interpretation of Wills
41
By implication of law; or
Probate
2)
sitae
Rule 77
42
th
HELD: The rule that the court having jurisdiction over the
reprobate of a will shall "cause notice thereof to be given as
in case of an original will presented for allowance" means
that with regard to notices, the will probated abroad should
be treated as if it were an "original will" or a will that is
presented for probate for the first time. Accordingly,
compliance with Sections 3 and 4 of Rule 76, which require
publication and notice by mail or personally to the "known
Administration of Estates
Conflicts torts cases arise:
G. Trusts
Duties of the administrator:
2)
b)
2)
b)
1)
2)
In view of these, the policy behind tort law will most likely
be a strongly held policy of the state and as result, that state
will not easily displace its own law with the law of another
state.
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Policies:
1) deter undesirable or wrongful conduct
2) rectify consequences by distributing the losses
similarity between family conflicts cases and torts
conflicts cases: strongly held policies of the state
3 concerns in torts:
1) achieving just and reasonable results (consider the
interest of both parties
2) societal interest
3) shielding defendant from unnecessary surprise
Distinguish: upholding the legitimate expectations of
parties vs. shielding defendant from unnecessary surprise
the first is used in contracts cases, the second is used in
torts cases.
Why is the place of the tort (locus delicti) difficult to
determine? Different concepts of locus delicti:
1) civil law: place of tortious conduct
2) common law: place of injury/vested rights theory
to determine lex loci delicti: determine whether
you are dealing with a civil law or common law
country
________________
B.
Lex loci delicti commissi: the law of the place where the
alleged tort was committed. It determines the tort liability in
matters affecting conduct and safety.
C.
False conflict: only one state has an interest in having its law
1.
applied, and failure to apply the other states law would not
impair the policy reflected in that law.
Two-fold purpose:
1) identify the interested state
2) evaluate the relevance of these contacts to the
issue in question
Prof. Currie: if only one state has a real interest in the case
and the other states interest is insubstantial then there is a
false conflict. However, if both states have a real interest in
applying their law then the apparent conflict becomes a true
conflict.
2.
Interest Analysis
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3.
of
the
a)
b)
c)
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foreign
46
2)
E.
Tort
Crime
Transitory in character;
hence liability is deemed
personal to the tortfeasor
and make him amenable
to suit in whatever JD he
is found
An injury to an individual
who may be situated in
any place
Promulgated to punish
and
reform
the
perpetrators and deter
them and others from
violating the law
F.
HELD: Wylie and Williams are not immune from the suit.
They are sought to be held answerable for personal torts in
which the US is not involved; if found liable, they alone must
satisfy the judgment. The Bases Treaty provision on
immunity could not possibly apply in this case, as it is
presumed that the laws of the US do not allow the
commission of crimes in the name of official duty. The
general rule is that public officials can be held personally
accountable for acts claimed to have been performed in
connection with official duties where they have acted ultra
vires or where there is showing of bad faith.
2)
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Third
FLAG
LOCATION
CRIME
RESULT
Fowler
Cheng
Look Chaw
US
English
English
High seas
Within RP
territorial
waters
Within RP
territorial
waters
theft
Smoking
opium
Possession
and selling
of opium
No JD
Acquired
JD
Acquired
JD
Corporations
1.
b)
c)
2.
2)
3)
4)
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and
Statutory
b.
c.
b.
Art. 51, CC
When the law creating or recognizing them, or any other
provision, does not fix the domicile of juridical persons, it is
understood to be
a. the place where legal representation is established
b. where they exercise their principal functions
A foreign corp. granted license to do business here acquires
a domicile in the Phils.
State Investment House vs. Citibank
(1991)
FACTS: CMI obtained loans from Citibank. CMI defaulted.
Citibank filed petition for involuntary insolvency against
CMI with CFI, Rizal. State Investment, a creditor of CMI,
opposed claiming that Citibank had no jurisdiction because
the banks are not resident creditors of CMI.
HELD: The Phil branches of the bank are residents of the
Phils being resident foreign corporations as defined in the
Tax Code and other Banking Laws. What effectively makes
a foreign corp a resident corp in the Phils is its actually being
in the Phils and licitly doing business here (locality of
existence) The grant of license merely gives legitimacy to its
doing business here but it does not make the corp a resident.
Also, the failure of the bank to aver categorically that they
are residents are not fatal to the cause of action where it
alleged that it is a foreign bank licensed to do business here.
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4.
resident agent
in the absence thereof, to the government official
designated by law or any of its officers or agents within
the Phils
on any officer or agent of the corp in the Phils
5.
6.
1.
a.
b.
Isolated Transactions
HELD: Plaintiff failed to allege capacity to sue.
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b.
2.
c.
d.
7.
Definition
and
Scope
Transacting Business
of
soliciting orders,
service contracts,
opening offices whether called liaison offices,
appointing representatives if the latter stays for at least
180 days,
participating in the management, supervision or control
of any domestic business
and any other act that imply a continuity of commercial
dealings
and contemplate in the performance of acts or works
51
license, they may not be allowed to invoke our laws for their
protection.
2.
Restatement 2 :
Jurisdiction over the parent will exist if the parent controls
and dominates the subsidiary. In determining whether the
separate corporate existence of the subsidiary has been
adequately preserved, the courts will consider whether the
subsidiary has its own records, assets, advertising, employees,
payroll and accounting and whether its directors and
headquarters are different form those of the parent.
Domestic Corp.:
a) Can sue
b) Can be sued
1)
Foreign Corps.
Doing Business
a. With license can sue and be sued
b. Without license cannot sue, can be
sued
nd
B.
Special Corporations
1.
2)
2.
Transnational Corporations
C.
Partnerships
4.
5.
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A.
Distinction
Enforcement
between
Recognition
and
1) Comity
1. Res judicata
According to Cheshire, the theory on comity mean that in
order to maintain reciprocal treatment from the courts of
other countries, we are compelled to take foreign judgments
as they stand & to give them Full faith & Credit.
Comity calls for reciprocity between the concerned
jurisdictions. Thus, forum A will withhold recognition &
enforcement of prior judgment if it comes from Forum B,
w/c does not give same concession to forum A judgment.
Merger
Bar
53
2)
3)
4)
5)
6)
7)
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55
56
MODES OF ENFORCEMENT
A. First Mode: Need for New Judicial Action
Procedure in Philippines
(Compared to simple procedure of exequaure, Philippine
mode is protracted & expensive).
Our laws require that a petition should be filed in proper
court attaching authenticated copy of foreign judgment to be
enforced.
Philippine consul must certify that it had been rendered by a
court of competent jurisdiction. The petition must comply
w/ all the requisites of an enforceable judgment.
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