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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

I. Legal problem involving foreign element


--If there is no foreign element, there is no conflict of law.

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

II. Assumption of the proper forum


Cases involving COL, forum may:
1. Refuse - apply forum non conviniens, no COL
2. Assume- forum may apply the following:
a. local law -- lex fori
b. Foreign law - lex causae
c -- apply both -- Cadalin vs POEA

III. Conflict between local and foreign law


- if there is no conflict between the two, there is nothing to resolve.
- court can apply foreign law if properly pleaded and proved, application discretionary to the
court.

IV. Choice of law to be applied


-Which law applies? - depends on the factual situation and connection of the foreign element,
apply characterization process of determining under what category a certain set of facts or rules falls.
- Purpose - to enable the forum to select the proper law.

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.

OPTION OF FORUM IN CASE OF COL


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CONFLICTS OF LAWS
1. Refuse - to do so would provide inconvenience to the forum
- if the only link is one of the respondent is a Filipino Citizen - MHC vs NLRC
- not all cases involving Filipino can be tried in local forum.

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.

REQUISITE OF ASSUMPTION of JURISDICTION

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

COURT MAY APPLY


1. Local law - aznar vs. GARcia
2. Foreign law - Bellis vs BEllis
3. Apply both - Cadalin vs .POEA

CHOICE OF LAW

-depends on the factual situation - different case, different application of law.


- there is no hard rule in the application of law.
- Foreign law has no extra-territorial effect- General Rule
there is an exception

1. JUSTIFICATION OF APPLICATION OF LOCAL LAWS


a. matter involving procedural law - apply law of the forum -based on lex fori
b. if foreign law is contrary to public policy of the forum
c. If application of foreign law or local law which give rights to the foreigner would result injustice
to our national - salvacion vs BCP
d. When court accept the renvoir - aznar vs garcia
e. when most of the factual situation referes to phil jurisdiction- saudia vs morada.

JUSTIFICATION OF APPLYING FOREIGN LAWS


1. When cause of action arises in foreign land.
2. If local law so provides - article 16, Bellis vs Bellis - lex domicilli
3. Principle of Comity

Note - Foreign law should be pleaded and proved , if not , presumed to be the same with the local law -
DOCTRINE OF PROCESSUAL PRESUMPTION

4. If There Is A Treaty - Warsaw, Santos Vs Northwest Orient Airline

DISTINGUISHED FROM PUBLIC INTERNATIONAL LAW


BASIS CONFLICT OF LAW LAW OF NATIONS
1 Nature Municipal in character International in character
2 Persons Dealt with by private individuals; Sovereign states and other entities
involved governs individuals in their private possessing international
transactions which involve a foreign personality, e.g., UN; governs
element states in their relationships
amongst themselves
3 Transactions Private transactions between Generally affected by public
involved private individuals interest; those in general are of
interest only to sovereign states
4 Remedies and Resort to municipal tribunals May be peaceful or forcible
Sanctions Peaceful: includes diplomatic
negotiation, tender & exercise of
good offices, mediation, inquiry &
conciliation, arbitration, judicial
settlement by ICJ, reference to
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CONFLICTS OF LAWS
regional agencies
Forcible: includes severance of
diplomatic relations, retorsions,
reprisals, embargo, boycott, non-
intercourse, pacific blockades,
collective measures under the UN
Charter, and war.

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.
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CONFLICTS OF LAWS

WAYS OF DEALING WITH A CONFLICTS PROBLEM:


1. Dismiss the case for lack of jurisdiction, or on the ground of forum non-conveniens
DOCTRINE OF FORUM NON CONVENIENS - the forum is inconvenient; the ends of justice would
be best served by trial in another forum; the controversy may be more suitably tried elsewhere
2. Assume jurisdiction and apply either the law of the forum or of another state
a. APPLY INTERNAL LAW - forum law should be applied whenever there is good reason to do so;
there is a good reason when any one of the following factors is present:
i. 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
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
Article 819 of the Civil Code - prohibits Filipinos from making joint wills even if
valid in foreign country
ii. The proper foreign law was not properly pleaded and proved
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CONFLICTS OF LAWS
NOTICE AND PROOF OF FOREIGN LAW
As a general rule, courts do not take judicial notice of foreign laws; Foreign laws
must be pleaded and proved
Effect of failure to plead and prove foreign law (3 alternatives) of the forum court:
(a) Dismiss the case for inability to establish cause of action
(b) Assume that the foreign law of the same as the law of the forum
(c) Apply the law of the forum
iii. The case falls under any of the exceptions to the application of foreign law
Exceptions to application of foreign law:
(a) The foreign law is contrary to the public policy of the forum
(b) The foreign law is procedural in nature
(c) The case involves issues related to property, real or personal (lex situs)
(d) The issue involved in the enforcement of foreign claim is fiscal or administrative
(e) The foreign law or judgment is contrary to good morals (contra bonos mores)
(f) The foreign law is penal in character
(g) When application of the foreign law may work undeniable injustice to the citizens
of the forum
(h) When application of the foreign law might endanger the vital interest of the state
b. APPLY FOREIGN LAW - when properly pleaded and proved

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- adherents of this school of thought believe that we apply foreign law not
because it is foreign, but because our laws, by applying similar rules, require us to do so; hence, it is
as if the foreign law has become part & parcel of our local law
4. Theory of Harmony of Laws theorists here insist that in many cases we have to apply the foreign
laws so that wherever a case is decided, that is, irrespective of the forum, the solution should be
approximately the same; thus, identical or similar solutions anywhere & everywhere. When the goal
is realized, there will be harmony of laws
5. Theory of Justice the purpose of all laws, including Conflict of Laws, is the dispensing of justice; if
this can be attained in may cases applying the proper foreign law, we must do so

RULES ON STATUS IN GENERAL


FACTUAL SITUATION POINT OF CONTACT
Beginning of personality of natural person National law of the child (Article 15, CC)
2 Ways & effects of emancipation Same
3 Age of majority Same
4 Use of names and surnames Same
5 Use of titles of nobility Same
6 Absence Same
7 Presumptive death & survivorship Lex fori (Article 43, 390, 391, CC; Rule 131
5 [jj], Rules of Court)
RULES ON MARRIAGE AS A CONTRACT
FACTUAL SITUATION POINT OF CONTACT
Between Filipinos Lex loci celebrationis is without prejudice to
the exceptions under Articles 25, 35 (1, 4, 5
& 6), 36, 37 & 38 of the Family Code
(bigamous & incestuous marriages) &
consular marriages
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Celebrated in RP Celebrated Abroad


Between Foreigners Lex loci celebrationis EXCEPT if the
marriage is:
a. Highly immoral (like bigamous/
polygamous marriages)
b. Universally considered incestuous
(between brother-sister, and
ascendants-descendants)
Mixed Apply 1 (b) to uphold validity of marriage
Between Foreigners National law (Article 21, FC) PROVIDED the
marriage is not highly immoral or universally
considered incestuous)

Mixed National law of Filipino (otherwise public


policy may be militated against)

Marriage by proxy (NOTE: a marriage by Lex loci celebrationis (with prejudice to the
proxy is considered celebrated where the foregoing rules)
proxy appears

RULES ON MARRIAGE AS A STATUS


FACTUAL SITUATION POINT OF CONTACT
1 Personal rights & obligations between National of husband
husband & wife (Note: Effect of subsequent change of
nationality:
a. If both will have a new nationality
the new one
b. If only one will change the last
common nationality
c. If no common nationality
nationality of husband at the time of
wedding)
2 Property relations bet husband & wife National law of husband without prejudice to
what the CC provides concerning REAL
property located in the RP (Article 80)
(NOTE: Change of nationality has NO
EFFECT. This is the DOCTRINE OF
IMMUTABILITY IN THE MATRIMONIAL
PROPERTY REGIME)
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RULES ON PROPERTY
FACTUAL SITUATION POINT OF CONTACT
REAL PROPERTY Lex rei sitae (Article 16, CC)
Successional rights National law of decedent (Article 16 par. 2,
Exceptions

CC)

Capacity to succeed National law of decedent (Article. 1039)

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)

Contracts where the real property is given


The principal contract (usually loan) is
as security governed by the proper law oft the contract
(lex loci voluntatis or lex loci intentionis)
NOTE: the mortgage itself is governed by
lex rei sitae. There is a possibility that the
principal contract is valid but the mortgage is
void; or it may be the other way around. If
the principal contract is void, the mortgage
will also be void (for lack of proper cause or
consideration), although by itself, the
mortgage could have been valid.
TANGIBLE PERSONAL PROPERTY (CHOSES IN POSSESSION)
1 IN GENERAL Lex rei sitae (Article. 16, CC)

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

Vessels Law of the flag (or in some cases, place of


registry)

Other means Law of the depot (storage place for supplies


or resting place)
3 THINGS IN TRANSITU (THESE THINGS HAVE A CHANGING
STATUS BECAUSE THEY MOVE)

Loss, destruction, deterioration Law of the destination (Article. 1753, CC)

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
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CONFLICTS OF LAWS

FACTUAL SITUATION POINT OF CONTACT


INTANGIBLE PERSONAL PROPERTY (CHOSES
IN ACTION)
1 Recovery of debts or involuntary assignment Where debtor may be effectively served with
of debts (garnishment) summons (usually the domicile)
2 Voluntary assignment of debts Lex loci voluntatis or lex loci intentionis
(proper law of the contract)

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

Wills, Succession & Administration of Conflict Rules


FACTUAL SITUATION POINT OF CONTACT
EXTRINSIC VALIDITY OF WILLS
1 Made by an alien abroad Lex nationalii OR lex domicilii OR RP law
(Article 816, CC), OR lex loci celebrationis
(Article 17(1))
2 Made by a Filipino abroad Lex nationalii OR lex loci celebrationis
(Article 815)
3 Made by an alien in the RP Lex nationalii OR lex loci celebrationis
(Article 817)
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CONFLICTS OF LAWS

FACTUAL SITUATION POINT OF CONTACT


EXTRINSIC VALIDITY OF JOINT WILLS (MADE IN THE SAME
INSTRUMENT)
1 Made by Filipinos abroad Lex nationalii (void, even if valid where
made) (Article 819)
2 Made by aliens abroad Valid if valid according to lex domicilii or lex
loci celebrationis (Article 819)
3 Made by aliens in the RP Lex loci celebrationis therefore void even if
apparently allowed by Article 817 because
the prohibition on joint wills is a clear
expression of public policy
INTRINSIC VALIDITY OF WILLS Lex nationalii of the deceased regardless
of the LOCATION & NATURE of the
property (Article 16 (2))
CAPACITY TO SUCCEED Lex nationalii of the deceased not of the
heir (Article 1039)
REVOCATION OF WILLS
1 If done in the RP Lex loci actus (of the revocation) (Article.
829)
2 If done OUTSIDE the RP

a. By a NON-DOMICILIARY Lex loci celebrationis (of the making of the


will, NOT revocation), OR lex domicilii
(Article 829)

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
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RULES ON OBLIGATION AND CONTRACTS
FACTUAL SITUATION POINT OF CONTACT
FORMAL OR EXTRINSIC VALIDITY Lex loci celebrationis (Article 17 {1})
Exceptions

a. Alienation & encumbrance of Lex situs (Article 16 [1])


property

b. Consular contracts Law of the RP (if made in RP consulates)


CAPACITY OF CONTRACTING PARTIES National law (Article 15) without prejudice to
the case of Insular Government v Frank 13 P
236, where the SC adhered to the theory of
lex loci celebrationis
Exception

Alienation & encumbrance of property Lex situs (Article 16 {1})


INTRINSIC VALIDITY (INCLUDING INTERPRETATION OF THE Proper law of the contract lex contractus
INSTRUMENTS, AND AMT. OF DAMAGES FOR BREACH) (in the broad sense), meaning the lex
voluntatis or lex loci intentionis

OTHER THEORIES ARE:


a. Lex loci celebrationis (defect: this makes possible the evasion of the national law)
b. Lex nationalii (defect: this may impede commercial transactions)
c. Lex loci solutionis (law of the place of performance) (defect: there may be several places
of performance
d. Prof Minors solution:
i. Perfection lex loci celebrationis
ii. Cause or consideration lex loci considerations
iii. Performance lex loci solutionis (defect: this theory combines the defect of the
others)

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
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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

Rules on Juridical Persons


FACTUAL SITUATION POINT OF CONTACT
CORPORATIONS
Powers and liabilities General rule: the law of the place of
incorporation
EXCEPTIONS:
a. For constitutional purposes even
of the corporation was incorporated in
the RP, it is nor deemed a Filipino
corporation & therefore cant acquire
land, exploit our natural resources, 7
operate public utilities unless 60% of
capital if Filipino owned
b. 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)
Formation of the corporation (requisites); Law of the place of incorporation
kind of stocks, transfer of stocks to bind the
corporation, issuance, amount & legality &
dividends, powers & duties of members,
stockholders and officers
Validity of corporate acts & contracts Law of the place of incorporation & law of
(including ultra vires acts) the place of performance (the act or contract
must be authorized by BOTH laws)
Right to sue & amenability to court Lex fori
processes & suits against it
Manner & effect of dissolution Law of the place of incorporation provided
that the public policy of the forum is not
militated against
Domicile 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)
Receivers (appointment & powers) 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 CO-
EXTENSIVE) w/ the authority of the
appointing court
NOTE: Theories on the personal and/or governing law of corporations:
a. Law of the place of incorporation (this is generally the RP rule)
b. Law of the place or center of management (center for administration or siege social)
(center office principle)
c. Law of the place of exploitation (exploitation centre or siege d exploitation)
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CONFLICTS OF LAWS
PARTNERSHIPS
The existence or non-existence of legal The personal law of the partnership, i.e., the
personality of the firm; the capacity to law of the place where it was created
contract; liability of the firm & the partners to (Article 15 of the Code of Commerce)
3rd persons (Subject to the exceptions given above as in
the case of corps.)
Creation of branches in the RP; validity & RP law (law of the place where branches
effect of the branches commercial were created) (Article 15, Code of
transaction; & the jurisdiction of the court Commerce)
Dissolution, winding up, & termination of RP law (Article 15, Code of Commerce)
branches in the RP
Domicile 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)
Receivers RP law insofar as the assets in the RP are
concerned can be exercised as such only in
the RP
FOUNDATIONS (COMBINATION OF CAPITAL INDEPENDENT OF Personal law of the foundation (place of
INDIVIDUALS, USUALLY NOT FOR PROFIT) principal center of administration)

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

9. BANCO DE BRAZIL VS CA 6-16-00 - an action for damages iis an action in personam.

- summon by publication or service of summon to the ambassador of Brazil does not acquire
jurisdiction to the petitioner.

non-resident corporation - cannot acquire jurisdiction in personal action

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.
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CONFLICTS OF LAWS
- if case involve purely foreign element - court ca refuse to assume jurisdiction - forum non
conviniens

Court can assume if the ff requirements are present


1. Phil court is one the which the parties may conveniently resolve;
2. The Phil court is in the position to make an intelligent decision as to the law and fact.
3. The Phil court has likely to enforce the decision.

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
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