ASSIGNMENT # 2 IN CONFLICTS OF LAWS

1. In the Philippines' structure of government, which branch/es or agency/ies of government are

tasked/authorized to resolve/settle conflict of laws cases?

Judiciary-

2. What is jurisdiction? What is the significance of the jural concept of jurisdiction in conflict of laws
("conflicts" for short) cases.

Jurisdiction (from the Latin ius, iuris meaning "law" and dicere meaning "to speak") is the
practical authority granted to a legal body to administer justice within a defined area of responsibility

Colloquially it is used to refer to the geographical area to which such authority applies, e.g. the court
has jurisdiction over all of Colorado. The legal term refers only to the granted authority, not to a
geographical area.

Jurisdiction draws its substance from public international law, conflict of laws, constitutional law, and
the powers of the executive and legislative branches of government to allocate resources to best serve
the needs of its native society.

WAYS OF DISPOSING OF CONFLICTS CASES

Dismiss the case, either because of lack of jurisdiction or refusal to assume jurisdiction over the case
Assume jurisdiction over the case and apply the internal law of the forum
Assume jurisdiction over the case and take into account or apply the law of some other State or states

JUDICIAL JURISDICTION

Jurisdiction the right of a state (due to sovereignty) to exercise authority over persons and things
within its boundaries, subject to certain exceptions (ie over traveling sovereigns, ambassadors and
diplomatic representatives, etc)

Judicial jurisdiction legal authority of a state to exercise authority, through its courts or agencies, to
hear and adjudicate cases; power of a court or agency to hear and determine an issue upon which its
decision is sought

Legislative jurisdiction the power of a state to regulate or control, through rules of law, interests or
persons in a thing, event or situation

TYPES OF JURISDICTION

1. Jurisdiction over the Subject Matter the power to hear and determine cases of the general class to which
the proceedings in question belong and is conferred by the sovereign authority which organizes the court and
defines its powers Jurisdiction conferred to by law, not by consent of the parties or voluntary submission It is
the allegations in the petition or complaint that will invest the court with the power to hear and determine the
case Allegations in the complaint shows a prima facie lack of jurisdiction dismiss If on the complaints face,
there is a presence of jurisdiction, , proceed with trial. Should evidence show lack of jurisdiction, dismiss the
case

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2. Personal Jurisdiction competence of a court to render a decision that will bind the parties to the suit;
Bases: Presence, Domicile, Residence, Nationality or Citizenship, Consent, Appearance in an Action, Doing
Business in the State, An Act done in the State, Causing an Effect in the State by an Act done Elsewhere,
Ownership, Use or Possession of a Thing in the State, Other Relationships to the State which make the Exercise
of Judicial Jurisdiction Reasonable

3. Jurisdiction over the Plaintiff acquired from the moment he invokes the aid of the court and voluntarily
submits himself by institution of the suit through proper pleadings

4. Jurisdiction over the Defendant

voluntary appearance
enters his appearance as defendant UNLESS he makes it clear that the purpose of his
appearance is to question the jurisdiction of the court over his person
personal service, and if he refuses, tendering, of summons
substituted service of summons by
leaving copies of the summons in dwelling or residence with someone of suitable age or
discretion then residing
leaving copies in defendants office or regular place of business with some competent
person in charge summons by publication, 3 instances
action in rem
quasi in rem
involves the personal status of the plaintiff NB: Jurisdiction continues throughout all
subsequent proceedings which may arise out of the original cause of action

5. Jurisdiction over the Res (actions in rem, quasi in rem, in personam) jurisdiction over the particular
subject matter in controversy, regardless of the persons who may be interested therein.

Action in rem purpose of the suit is to affect the interests of all persons in a thing, the state may
render through its courts a valid judgment, as long as it has jurisdiction over the thing even though it
may not have personal jurisdiction over the persons whose interests are affected
Proceedings quasi in rem purpose is neither to impose a personal liability or obligation upon anyone,
not to affect the interests of all persons in a thing but to affect the interests of particular persons in a
thing

Jurisdiction and the Due Process Clauses

Proceeding in rem service of summons by publication is sufficient because the case is enforced
against the rest of the world
Proceeding in personam personal service of summons or voluntary appearance of the defendant, by
himself or counsel, is required
Proceeding quasi in rem summons by publication is sufficient

NB: a state does not have jurisdiction in the absence of some reasonable basis for exercising it, whether the
proceedings are in rem, quasi in rem, or in personam. To be reasonable, the jurisdiction must be based on
some minimum contacts that will not offend traditional notions of fair play and substantial justice

3. Distinguish between purely internal rules and conflict of laws rules? Give examples of each.

Purely Internal Rules- rules that applies only to the forum and with no foreign elements.

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Conflict of laws rules is a set of rules of procedural law which determine the legal system and the law
of jurisdiction applying to a given legal dispute. In civil law, lawyers and legal scholars refer to conflict of laws
as private international law. They typically apply when a legal dispute has a foreign element.

4. What is meant by the term choice of law?

Choice of law is a procedural stage in the litigation of a case involving the conflict of laws when it is necessary
to reconcile the differences between the laws of different legal jurisdictions, such as sovereign states,
federated states (as in the US), or provinces

5. What is meant by forum non conveniens? Give examples when this principle may become applicable.

Under the rule of forum non conveniens, a Philippine court or agency may assume jurisdiction over the
case if it chooses to do so provided: (1) that the Philippine court is one to which the parties may conveniently
resort to; (2) that the Philippine court is in a position to make an intelligent decision as to the law and the
facts; and (3) that the Philippine court has or is likely to have power to enforce its decision

6. Distinguish between lex fori and lex causae.

Lex fori (Latin for the laws of a forum) is a legal term used in the conflict of laws used to refer to the laws of
the jurisdiction in which a legal action is brought. When a court decides that it should, by reason of the
principles of conflict of law, resolve a given legal dispute by reference to the laws of another jurisdiction,
the lex causae, the lex fori still govern procedural matters.

In the conflict of laws, lex causae (Latin: lex + causa, "cause [for the] law") is the law or laws chosen by
the forum court from among the relevant legal systems to arrive at its judgment of an international or
interjurisdictional case. The term refers to the usage of particular local laws as the basis or "cause" for the
ruling, which would itself become part of referenced legal canon.

7. The book of Justice Sempio-Diy (2004 Ed., Reprinted 2007) gives three instances when the court is bound
to apply the lex fori (i.e., law of the forum, or domestic law, or internal law) in a conflicts case.

8. What Philippine rule on evidence justifies why foreign law, not properly pleaded and proved, cannot be
used for resolving conflicts cases being tried in the Philippines?

Doctrine of Processual Presumption The foreign law, whenever applicable, should be proved by the
proponent thereof, otherwise, such law shall be presumed to be exactly the same as the law of the forum.

It is well-settled in our jurisdiction that our courts cannot take judicial notice of foreign laws. Like any
other facts, they must be alleged and proved.

In general, in the absence of statutory requirement to the contrary, the courts of the forum will not
take judicial of the law prevailing in another country. Foreign laws must be alleged and proved. In the absence
of proof, the foreign law will be presumed to be the same as the laws of the jurisdiction hearing the case
under the doctrine of processual presumption.

9. What is meant by connecting factor?

Connecting factors are links by which event, thing, transaction, person and country; such factors link
person, events, etc. to country; these elements linking dispute to particular countries are connecting factors
(i.e. nationality, place of occurrence)

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 Connecting factors are connect legal categories to applicable laws (i.e. of legal categories are contract,
tort, succession)

Connection factors are some outstanding facts which establish natural connection by which factual
situation before court and particular system of law

Examples of connecting factors:

Personal (domicile, habitual residence, and very rarely nationality); place where transaction occurs
(place marriage celebrated loci celebrationis or where contract concluded loci contractus); place of
performance of contract; place where property situated (situs); place where court is sitting (forum);
intention of parties
For choice of law: connecting factors enable courts to identify applicable law (i.e. choice of law rule
may say title to immovable property governed by law of country where land situated)

10. The following are examples of connecting factor. Explain each one briefly.

a) lex loci contractus

b) lex loci solutionis
c) lex loci celebrationis
d) lex loci delicti
e) lex domicilii
f) lex patriae
g) lex situs
h) lex fori

Definition of Terms

a.) 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
b.) 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
c.) Lex Locii Celebrationis- the law of the place where the act was done; In conflicts, the law where the
place where the act was done is applied in choice of law questions
The lex loci celebrationis principle is expressed in the first paragraph of Article 26 of the Family
Code, which states that: All marriages solemnized outside the Philippines, in accordance with the laws
in force in the country where they were solemnized, and valid there as such, shall be valid in this
country, except those prohibited under Articles 35(1) (4) (5) 36, 37 and 38.
d.) The lex loci delicti commissi is the Latin term for "law of the place where the delict [tort] was
committed" in the conflict of laws. Conflict of laws is the branch of law regulating all lawsuits involving
a "foreign" law element where a difference in result will occur depending on which laws are applied.
e.) Lex Domicilii law of the domicile; in conflicts, the law of ones domicile applied in the choice of law
questions.

Lex Domicili - Latin for law of the domicile in the Conflicts of Law; In conflicts, the law of ones
domicile is applied in choice of law questions.

f.) Lex Patriae - National Law; In conflicts, the national law of one person is applied in choice of law
questions
g.) 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

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 h.) 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)

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