Conflict of Laws Atty Tirso S.

Lasay Arafol/Aribal

CASE: Saudi Arabia Airlines vs Morada

Conflicts of law /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 concerns 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
will respect and give effect to the laws of another so far as can
be done consistently with its own interests
- Those universal principles of right and justice which
govern the courts of one state having before them
cases involving the operation and effects of laws of
another state or country
Nature of COL- independent and sovereign states
- Promulgate its own laws;
- Develops ts own jurisprudence;
- Principle of sovereignty and independence of state
Scope of COL- events that contain elements significant to more
than one legal system. Contracts, marriage, common law
relationship.
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 domicile,
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 respondent Morada is a resident Philippine
national, and that petitioner SAUDIA is a resident foreign
corporation. Also, by virtue of the employment of Morada with
the petitioner SAUDIA as a flight stewardess, events did
transpire during her many occasions of travel across national
borders, particularly from Manila, Philippines to Jeddah, Saudi
Arabia, and vice versa, that caused a conflicts situation to
arise.(Saudi Arabia Airlines vs. CA, supra)
COMPARED TO PUBLIC INTERNATIONAL LAW

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 legislative, executive, or judicial acts of another
state, having due regard both to international duty and
convenience and to the rights of its own citizens or of other
persons who are under the protection of its laws
- Principle of conflicts of laws is incorporated in
Municipal laws;
- Not conclusive but mere prima facie evidence;
- Mutuality and reciprocity;
- Central distinction is in the soucres of law;
- Statutes of the internatonal court of justice;
- Governs only states and nternational recognized
organization
- State to state
Objectives of COL- to provde ratonal and valid ruels and
guidelines n deciding cases where either the partes, events and
transaction are linked to more than one jurisdiction.
ISSUES in COL

Section 2. The Philippines renounces war as an instrument of 1. Issues of adjudicatory jurisdiction

national policy, adopts the generally accepted principles of 2. Issues as to the choice of law
international law as part of the law of the land and adheres to 3. Enforcement and recognition of foreign judgment
the policy of peace, equality, justice, freedom, cooperation,
and amity with all nations. ( Article II section 2 1987
Constitution) Sources of COL:
1. Codes and statutes;
2. Treatise and International Convention;
Remedies 3. Treatises, commentaries and studies of learned
Enforcement of rights societies;
.Recognition and enforcement of foreign judgment 4. Judicial decisions

**Conflict of laws presupposes two or more conflicting laws,

between a local law and a foreign law involving a foreign 3 WAYS OF SOLVING CONFLICT OF LAWS PROBLEM:
element or elements, which requires a determination of which
law should apply.
1. Court might refuse to hear the case and dismiss it on
ground of lack of jurisdiction or forum non conveniens
Is there a conflicts case?
2. Court might decide the case by its own local law
A factual situation that cuts across territorial lines and is 3. Court might decide the case by special rules
affected by the diverse laws of two or more states is said to formulated to address the problem
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 CHOICE OF LAW PRINCIPLES
birth or conception. (Saudi Arabia Airlines vs. CA, G.R. No.
122191, Oct. 8, 1998)
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 Conflict of Laws
GENERAL RULE: Foreign laws and judgments have no effect in
the Philippines
EXCEPTION: Consent, express (there is a law) or implied
(comity)
CHARACTERIZATION AND POINTS OF CONTACT
Characterization (Doctrine of Qualification) - process of
deciding whether or not the facts relate (refer to the
connecting factors) to the kind of question specified in a
conflicts rule; to enable the forum to select the proper law
ELEMENTS OF CHARACTERIZATION:
1. Foreign element
2. Points of contact
3. Proper law applicable
4 MAJOR QUESTIONS THAT THE COURT CONSIDERS IN
ANALYZING A CONFLICTS OF LAW
1. Has the court jurisdiction over the person of the
defendant or over his property;
2. Competency jurisdiction over the SM;
3. Proper Venue- foreign element;
4. Statute or doctrine under which the court otherwise
qualified to try case may or may not refuse t entertain
it.
CHARACTERIZATION- process of deciding whether or not the
facts relate to the kind of question specified in a conflicts rule;
to enable the forum to select the proper law.
TEST FACTORS / POINTS OF CONTACT / CONNECTING
FACTORS:
1. Nationality of a person, his domicile, his residence, his place of
sojourn, or his origin
2. The seat of a legal or juridical person, such as a corporation
3. The situs of a thing, that is, the place where a thing is, or is
deemed to be situated. In particular, the lex situs is decisive
when real rights are involved
4. The place where an act has been done, the locus actus, such
as the place where a contract has been made, a marriage
celebrated, a will signed or a tort committd. The lex loci actus
is particularly important in contracts and torts
5. The place where an act is intended to come into effect, e.g. the
place of performance of contractual duties, or the pace where
a power of attorney is to be exercised
6. The intention of the contracting parties as to the law that
should govern their agreement, the lex loci intentionis
7. The place where judicial or administrative proceedings are
instituted or done. The lex fori - the law of the forum - is
particularly important because, as we have seen earlier,
matters of procedure not going to the substance of the claim
involved are governed by it; and because the lex fori applies
whenever the content of the otherwise applicable foreign law is
excluded from application in a given case for the reason that it
fails under one of the exceptions to the application of foreign
law
8. The flag of the ship, which in many cases, is decisive of
practically all legal relationships of the ship and of its master
Atty Tirso S. Lasay Arafol/Aribal
or owner as such. It also covers contractual relationships
particularly contracts of affreightment.
Saudi Arabia Airlines vs. CA, G.R. No. 122191, Oct. 8, 1998
FACTS:
Morada, a Filipina flight stewardess for SAUDIA, was a
attempted raped by Saudia Arabian national crewmembers in
Indonesia. She returned to Manila and while there, she was
convinced by SAUDIA manager to go to Jeddah and sign some
papers, purporting to be release forms in favor of her fellow
crewmembers. It turned out that the documents were court
summons and orders, trying and finding her guilty of adultery
and other violations of Islamic tradition. Upon her release and
return to Manila, she filed a case for damages based on Art. 19
and 21 of the Civil Code.
HELD:
There is a conflicts problem as there is a foreign element
involved -- Morada is employed by a resident foreign
corporation, an international carrier, and some of the acts
complained of occurred in Jeddah.
The trial court has jurisdiction over the subject matter --
damage suit based on Art. 19 and 21 -- and over the persons
of Morada (plaintiff) and SAUDIA (voluntary submission by
filing answer).
For characterization, the point of contact considered is the lex
loci actus or the place where the tortuous act causing the injury
occurred -- Manila, Philippines since this is where SAUDIA
deceived Morada. The State of the Most Significant Relationship
rule was also applied, SC holding that the Philippines is where
the over-all harm of the injury to the person, reputation, social
standing and human rights of Morada had lodged.
IN SUM: Morada is entitled to recovery for damages.
2nd meeting
Lex situs- the applicabkle law regarding the acquisition,
transfer and developmentof the totle to property s the law
where the property is located
Lex fori- the law of the forum, where the case s filed
Lex Loci Actus law of the place where the act was done-
essentially the issue in the case of morada.
Lex Loci Celebrationis law of the place where the contract is
made enter
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.
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Conflict of Laws Atty Tirso S. Lasay Arafol/Aribal

of successional rights and to the intrinsic

- It is the proper law applicable in deciding the rights of validity of testamentary provisions, shall be
the parties. regulated by the national law of the person
whose succession is under consideration,
whatever may be the nature of the property
and regardless of the country wherein said
Lex loci delictus law of the place where the
property may be found. (10a)
crime/offense/wrong took place
Article 829. A revocation done outside the
Philippines, by a person who does not have
Lex loci Domicilii law of the domicile, so you follow the law of his domicile in this country, is valid when it
the domicile; so this also applies in determining the formalities is done according to the law of the place
where the will was made, or according to the
of wills ex. There is an American, resident or domicile in PH. He law of the place in which the testator had his
made a will in PH what law would govern?? You will learn that domicile at the time; and if the revocation
takes place in this country, when it is in
later in your succession. (in conflicts, the law of ones domicile accordance with the provisions of this Code.
applied in the choice of law questions) (n)

Article 819. Wills, prohibited by the

preceding article, executed by Filipinos in a
Lex rei sitae law of the place where property is situated; the
foreign country shall not be valid in the
general rule is that lands and other immovables are governed Philippines, even though authorized by the
laws of the country where they may have
by the law of the state where they are situated.
been executed.

2. When the proper foreign law was not properly pleaded

Judicial Jurisdiction- power or authority of the court to hear and and prove; relate to PROCESSUAL PRESUMPTION- If
decide cases. foreign law was not properly pleaded and prove, it is
presume that such law is the same as that of the
forum;
BASIS OF JURISDICTION N CONFLICTS OF LAWS- Juridiction 3. The case falls under any of the exception to the
over the application of the foreign law.

1. Person ( forum-defendant contracts) CHOICE OF APPPLICABLE LAW

2. Res- forum- property contracts
3. Subject matter- conferred by the law 2 Important questions in a choice of law problem

1. What legal system should control a given situation

where some of the significant factors occurred in two
LONG ARM STATUTES statutes which specify the kinds of or more states solved by characterization
contracts upon which jurisdiction will be asserted. 2. To what extent should the chose legal system regulate
the situation
DOCTRINE OF FORUM NON-CONVENIENS
WHAT LAW WOULD APPLY?
1. Controversy may be more suitably tried elsewhere;
2. The ends of justice woud be best served by trial in If it involves property real and personal follow the lex
another forum; situs or lex sitae rule
3. To secure procedural advantages Personal law should apply: NATIONALITY RULE
1. Family rights and duties article 15;
2. Controversy arising from the family relation;
INSTANCE WHEREIN THE INTERNAL LAW SHOULD APPLY: 3. Status, birth, marriage, naturalization, laws covering
civil interdiction and
Factors that would justify the application of internal law 4. legal capacity.

1. When a specific law of the forum dictates that the

internal law should apply artcle 16 lex rae sitea;
GR: NO FOREIGN LAW SHOULD INTERFERE WITH THE
OPERATION AND APPLICATION OF PHILIPPINE LAW
Article 16 of the NCC - Article 16. Real
property as well as personal property is Except: when the Philippine legislator has given its consent..
subject to the law of the country where it is
stipulated.However, intestate and
testamentary successions, both with respect
to the order of succession and to the amount

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Conflict of Laws
Instances where the foreign law would interfere in the
operation of the Philippines:
1. When the PH legislature has, by law, given its consent
to the extention of a specific foreign law to the PH
(COGSA)
2. When the congresss enacts a law adopting or cpoyng
a specific foreign statute;
3. When the state enters into a treaty or convention;
4. When the parties themselves stipulate that foreign law
goversn their relationship
5. BORROWING STATUTE- a statute that directs the
forum to apply the foreign statute to the pending
claims based on foreign law
6. When the PH conflicts of law refer to foregn law as
applicable law ( nationalty principle)
GENERAL RULE: Parties are free to stipulate as to the
applicable foreign law to govern their dispute arising from the
contract
But if there is no agreement as to applicable law governing
contract apply the law of the state of the MOST
SIGNIFICANT RELATIONSHP taking into account the
following contracts :
1. Place of the contracting ;
2. Place of negotiation;
3. Place of performance;
4. Location of the subject matter of the contract;
5. Domicile, residence, nationality, place of incorp-
oration and place of business of the contracting
parties.
BELLIS VS BELLIS-
Borrowing statute- statutes which directs the forum to apply
the foreign law of the pending claim.
GR: parties are free to stipulate what law would govern. But
this is only applicable to contractual cases not to torts ( morada
case) only on contractual relations.
Morada case: there was no stipulation of the parties. The SC
here apply the most significant relationship. Taking into
account, the lex actus etc..
REVIEW is done
Let discuss the cases
BELLIS VS BELLIS
Here the court discuss the renvio doctrine (renboy). Referring
back doctrine. Refer it back to the law of the foreign land.
Example a controversy According to the conflcts of law rules,
thePhilippine statutory directives, it states that if the
controversy involves real pproperty, we apply lex situs rule or
lex sitae. It means law of the place where the property is
located. So if the property is in US, refer it back to US. But US
said, our laws in this kind of controvery, follow the law of the
Atty Tirso S. Lasay Arafol/Aribal
domicile so in this case it is the PH. So without this doctrine it
is would be an international football.
The conflicts of law refers the matter to the law of the forum
or a third state. Applying this RD, when the foreign law passes
the jusricdition over the law of the forum, the law of the forum
should apply jusridicton already. Remember naa requisites
example foreign element.
So here, Amos is an American citizen. He also domicile in US.
So happen that he made a will in PH. On hs 2nd wife, naa sya 3
ka illegimate child. (nag review si sir sa persons, when can
you say you are an illegitimate child)
Maria Christina and 3 illegimate children oppose the probate on
the ground that there was impapirment of his legitimes. Ana
sila PH laws ang magapply. The court ruled that it should be
the national law that should apply.
In this case, the renvoi doctrine was not applied. This is so
since, the foreign element is both a citizen and domicile in the
US. Renvoi doctrine would apply if citizen or domicile to one
country. This case is all about succession or capacity to succeed
which the national law should apply.
REPUBLIC VS FRANK
Here Chicago citizen he was a adult in US. But he was a minor
in PH. The contract was entered in US. Following lex loci
celebrationis, so you have to follow the rules of US. US law said
that he is already emancipated and has a complete legal
personality.
AZNAR VS GARCIA
Edward here got married to Helen, nagbulag. And Edward
marry maria. He was an American citizen, domicile in PH and
made a will in the PH. In his will gamay lang ang iyang gihatag
kay Helen (anak) and the rest to maria. What involves here is
the capacity to succeed involving succession. Our ph laws said
that as to the intrinsic valifity of the will should be governed by
the law of the national of the decedent. US law said, that the
law of the domicile should apply. The US kasi dont have a
legitime system. So here renvoi doctrine apply.
Lets go back a little to CHARACTERIZATION
It a process to know which law should apply. The law of the
forum or the law of the foreign land. How does the court or
whats the basis for the court to determine it.
There are two methods in which the court should deal with in:
1. SUBJECT MATTER CHARACTERIZATION- the
court will now determine what is the character of that
controversy. Iyang ihimayhimay kung baga. Ah
kaning na kaso, torts ni sya, contract ni sya. . the
court will determine as to what kind the controversy
is there. Either torts etc.. PH laws now provides
conflicts of laws in each characterization. Pwde family
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Conflict of Laws
na sya or property. Later on in the semester we will
learn what our PH laws says in each of these
controversy.
2. SUBSTANCE PROCEDURE CHARACTERIZATION-
we learn that if the controversy is more on substantial
issues we follow the foreign law. But if the controversy
merely involves procedural matters, you follow the
law of the forum. This brings us to term (BQ 2013)
_____
a. if it is substance Foreign law
b. if it is procedural Law of the forum
EXAMPLE : domiciliary ka sa PH naa kay property in US. It is
possible that since you are a domicile in PH, the law of the PH
would govern but some part of the procedding particularly with
respect sa property located abroad the law of US would govern.
Sa is ka kaso 2 laws to apply that term is DEFISAGE
DEPECAGE to dissect , where different aspect of the case
involving foreign element may be governed by different
system of laws.
a term for the phenomena where different aspects of
a case involving a foreign element may be governed
by different systems of laws.
RENVIO DOCTRINE A procedure, whereby a jural matter
presented is reffered by the conflicts of law rules of the forum
to a foreign state, the conflicts of laws rule of whch, in turn,
refers the matter to the law of the forum or 3rd state
GR: By virtue of characterization foreign laws may take effect
in the law of the forum or PH courts.
Exceptions :
1. Foreign law contravenes PH laws or public policy.
There are cases that even though the foreign law is
properly pleaded , the same is contrary to public
policy. Read the case Bank of America vs American
realty gr 133876 dec 1999
2. When the relationship of the parties affects public
interest ( real property is involved)
3. When the foreign law judgment is contrary to sound
. However, intestate and testamentary successions,
4. When the foreign law is procedural in nature. So if
procedural in nature, you need not look for the foreign
law. Our conflicts of law rule that you follow the law
of the forum;
5. When the law is penal in nature- not given exterritorial
application;
NEXT Meeting: QUIZ
CITIZEN AND DOMICILE
Who are the citizen of the PH ?
Who are those Natural Born?
Atty Tirso S. Lasay Arafol/Aribal
Note that the election of the citizenship must be within 3 years
upon reaching the age of majority. ( Jurisprudence)
TESTATE ESTATE OF AMOS G. BELLIS, deceased.
PEOPLE'S BANK and TRUST COMPANY, executor.
MARIA CRISTINA BELLIS and MIRIAM PALMA
BELLIS, oppositors-appellants,
vs.
EDWARD A. BELLIS, ET AL., heirs-appellees.
In this regard, the parties do not submit the case on, nor even
discuss, the doctrine of renvoi, applied by this Court in Aznar
v. Christensen Garcia, L-16749, January 31, 1963. Said
doctrine is usually pertinent where the decedent is a national
of one country, and a domicile of another. In the present case,
it is not disputed that the decedent was both a national of Texas
and a domicile thereof at the time of his death.2 So that even
assuming Texas has a conflict of law rule providing that the
domiciliary system (law of the domicile) should govern, the
same would not result in a reference back (renvoi) to Philippine
law, but would still refer to Texas law. Nonetheless, if Texas
has a conflicts rule adopting the situs theory (lex rei sitae)
calling for the application of the law of the place where the
properties are situated, renvoi would arise, since the properties
here involved are found in the Philippines. In the absence,
however, of proof as to the conflict of law rule of Texas, it
should not be presumed different from ours.3 Appellants'
position is therefore not rested on the doctrine of renvoi. As
stated, they never invoked nor even mentioned it in their
arguments. Rather, they argue that their case falls under the
circumstances mentioned in the third paragraph of Article 17
in relation to Article 16 of the Civil Code.
Article 16, par. 2, and Art. 1039 of the Civil Code, render
applicable the national law of the decedent, in intestate or
testamentary successions, with regard to four items: (a) the
order of succession; (b) the amount of successional rights; (e)
the intrinsic validity of the provisions of the will; and (d) the
capacity to succeed. They provide that
ART. 16. Real property as well as personal property is
subject to the law of the country where it is situated.
both with respect to the order of succession and to the
amount of successional rights and to the intrinsic
validity of testamentary provisions, shall be regulated
by the national law of the person whose succession is
under consideration, whatever may he the nature of
the property and regardless of the country wherein
said property may be found.
ART. 1039. Capacity to succeed is governed by the
law of the nation of the decedent.
Appellants would however counter that Art. 17, paragraph
three, of the Civil Code, stating that
Prohibitive laws concerning persons, their acts or
property, and those which have for their object public
order, public policy and good customs shall not be
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Conflict of Laws
rendered ineffective by laws or judgments
promulgated, or by determinations or conventions
agreed upon in a foreign country.
prevails as the exception to Art. 16, par. 2 of the Civil Code
afore-quoted. This is not correct. Precisely,
Congress deleted the phrase, "notwithstanding the provisions
of this and the next preceding article" when they incorporated
Art. 11 of the old Civil Code as Art. 17 of the new Civil Code,
while reproducing without substantial change the second
paragraph of Art. 10 of the old Civil Code as Art. 16 in the new.
It must have been their purpose to make the second paragraph
of Art. 16 a specific provision in itself which must be applied in
testate and intestate succession. As further indication of this
legislative intent, Congress added a new provision, under Art.
1039, which decrees that capacity to succeed is to be governed
by the national law of the decedent.
It is therefore evident that whatever public policy or good
customs may be involved in our System of legitimes, Congress
has not intended to extend the same to the succession of
foreign nationals. For it has specifically chosen to leave, inter
alia, the amount of successional rights, to the decedent's
national law. Specific provisions must prevail over general
ones.
Appellants would also point out that the decedent executed two
wills one to govern his Texas estate and the other his
Philippine estate arguing from this that he intended
Philippine law to govern his Philippine estate. Assuming that
such was the decedent's intention in executing a separate
Philippine will, it would not alter the law, for as this Court ruled
in Miciano v. Brimo, 50 Phil. 867, 870, a provision in a
foreigner's will to the effect that his properties shall be
distributed in accordance with Philippine law and not with his
national law, is illegal and void, for his national law cannot be
ignored in regard to those matters that Article 10 now Article
16 of the Civil Code states said national law should govern.
The parties admit that the decedent, Amos G. Bellis, was a
citizen of the State of Texas, U.S.A., and that under the laws
of Texas, there are no forced heirs or legitimes. Accordingly,
since the intrinsic validity of the provision of the will and the
amount of successional rights are to be determined under
Texas law, the Philippine law on legitimes cannot be applied to
the testacy of Amos G. Bellis.
Wherefore, the order of the probate court is hereby affirmed in
toto, with costs against appellants. So ordered.
Concepcion, C.J., Reyes, J.B.L., Dizon, Regala, Makalintal,
Zaldivar, Sanchez and Castro, JJ., concur.
JULY 25 2017
PART 1
Last time we dont have a quiz because of the acquaintance
party. So it would be fait to have a quiz tonight. Am I right or
am I right?
Atty Tirso S. Lasay Arafol/Aribal
Lets review.
Last meeting we have discuss CHARACTERIZATION. We
discuss that there are two kinds of characterization, the subject
matter characterization and substance characterization. It is a
process where the forum determine which proper laws to apply.
WON, the law of the forum or the foreign law.
We discussed Subject Matter Characterization- the forum
would characterize as to whether, it is a torts case, family case,
contract case. The forum will now apply each particular law
regarding such character. Example if contracts, the law of the
forum is the PH, the PH now would apply its own law of the
contracts
The next mode is what we call Substance Procedure
Characterization- means that the court would only characterize
whether or not the issue in the particular controversy nvolves
substantive issue or procedural issue. We know for the fact,
that if the issue is procedural (like the issue on prescription),
the conflicts rule of the PH states that you apply the law of the
forum.
Last meeting as well we defined the term , defesage (idk the
spelling) to dissect . a different aspect of the case involving
foreign element. It is possible that kani na portion of the case
the foreign law would apply and the other portion the law of
the forum would apply.
We also talk about renboy or renvio doctrine- It is in the case
of Aznar vs Garcia and Bellis vs Bellis. Memorize this definition.
In the case of bellis the renvio doctrine does not apply because
the subject is both a domicile and a citizen of a foreign country.
So both citizen sya and domicile in US. It just so happen that
he was in here in PH.
We have also the case of Aznar vs Garcia, the revio doctrine
applies because the subject is a citizen in America and a
domicile of PH when he made the will in PH. So relation turns
sour naman sa US, gihatagan niya ug large portion of his estate
and relation turns sweet in the PH. So the court said that you
have to follow the law of legitimes.
We also discuss last time that we follow the national law of the
decedent involving the following:
1. Order of succession;
2. Amount of successional rights;
3. Intrinsic validity of the will;
4. Capacity to succeed.
NOTICE AND PROOF OF FOREIGN LAW
GENERAL RULE: the party who seek to prove foreign
law/judgment has the burden of proof to prove the foreign law/
judgment. The party whose cause of action or defense
depended upon the foregn law has the burden of proving the
foreign law.
It must 2P plead and prove the foreign law or judgment for
our courts do not take judicial notice to the same. Masking
nakabalo na nang judge sa law or judgment, still the court shall
not take judicial notice and apply the actual knowledge of the
judge.
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Conflict of Laws
EXCEPTION TO JUDICIAL NOTICE
1. Foreign laws are already in the actual knowledge of
the court.
a. Ex . there were already cases decided by the
court applying such foreign law.
2. Where the courts are familiar with the court
a. ex. Spanish code where our civil code is
made after
3. When the adverse party did not dispute the
application of the foreign law.
4. When the tribunal is a quasi-judicial body not bound
by the strict laws/rules.
In the end the judge cannot decide the case on the basis of his
knowledge and information. He can only do so on the basis of
evidence before his court. He can only act the evidence before
his court in the actual case.
HOW DO YOU FOREIGN LAW?
By presenting either of the following:
1. An official publication of the law; ( relate this to
tanada vs tuvera where the publication is mandatory)
2. A copy of the law attested by the officer having the
legal custody of the record or by deputy;
HOW ARE YOU GOING TO PROVE DOCUMENTS EXECUTED
ABROAD? HOW ARE YOU GOING TO PROVE ITS
AUTHENTICITY?
1. Must be duly authenticated by the Philippine consul
attaching his consular seal. This is what we call the
red ribbon;
We also discuss the priniciple of lex rae sitae. Ah kani balikbalik
kabalo namu ana.. remember the court may dismiss the case
by the failure to prove the cause of action.
EFFECTS OF FAILURE TO PLEAD AND PROVE FOREIGN LAW
1. To dismiss the case for inability establish a cause of
action;
2. To assume that the foreign law is the same as the law
of the forum doctrine of processual presumption
3. To apply the law of the forum
The court may also assume that the law of the foreign is the
same as the law of the forum. This is what we call processual
presumption. After this presumption the law forum will now
apply.
EXCEPTION AS TO THE RULE ON COMITY
GR: through the procession of characterization foreign law will
apply.
1. If the foreign law is contrary to public policy of the law
of the forum;
a. Ex labor policies Bank of America vs
American realty corporation
Atty Tirso S. Lasay Arafol/Aribal
2. The foreign law is procedural in nature; we learn
earlier that if the issue is procedural you apply the law
of the forum
3. Issues are related to property- why according to lex
rae sitae;
4. The issues involved In the enforcement of foreign
claim is Fiscal or administrative;
5. Foreign laws or judgment are contrary to good morals
( contra bonos mores);
6. The application of foreign law will work as the denial
of justice to the citizen of the forum;
7. The foreign law is penal in nature;
a. When do you know that a particular law is
penal? when it provides for a
penalty/punishment for its violation/offense
which must not be given exterritorial effect;
It prohibits certain acts_
b. Unsa ang remedy in this situation. State A,
naa sya local na nakasala sa State B. What is
now the remedy of the state to acquire
jurisdiction? We have your treaty or
extratriton treaty. We discuss early that
jusriction can be acquired through treaty.
One of these is through a extratition treatry.
Example is the case of RAMGEN Revilla.
8. The application of the foreign law might endanger the
vital interest of the state
REMEDY EXTRADITON
- Jurisdictional cooperation and assistance among
states in the enforcement of their criminal laws.
Bank of America vs American Realty Corporation
GR 133876 December 29, 1999
Facts:
Petitioner granted loans to 3 foreign corporations. As security,
the latter mortgaged a property located in the Philippines
owned by herein respondent ARC. ARC is a third party
mortgagor who pledged its own property in favor of the 3
debtor-foreign corporations.
The debtors failed to pay. Thus, petitioner filed collection suits
in foreign courts to enforce the loan. Subsequently, it filed a
petition in the Sheriff to extra-judicially foreclose the said
mortgage, which was granted.
On 12 February 1993, private respondent filed before the Pasig
RTC, Branch 159, an action for damages against the petitioner,
for the latters act of foreclosing extra-judicially the real estate
mortgages despite the pendency of civil suits before foreign
courts for the collection of the principal loan.
Issue:
WON petitioners act of filing a collection suit against the
principal debtors for the recovery of the loan before foreign
courts constituted a waiver of the remedy of foreclosure.
2. Conflicts of Law
Incidentally, petitioner alleges that under English Law, which
according to petitioner is the governing law with regard to the
principal agreements, the mortgagee does not lose its security
7
Conflict of Laws Atty Tirso S. Lasay Arafol/Aribal

interest by simply filing civil actions for sums of money.We rule

in the negative.
In a long line of decisions, this Court adopted the well- Who are the citizen of the Philippines? How do we know? It is
imbedded principle in our jurisdiction that there is no judicial through our constitution. Article IV of the constitution diba.
notice of any foreign law. A foreign law must be properly
pleaded and proved as a fact. Thus, if the foreign law involved
is not properly pleaded and proved, our courts will presume
that the foreign law is the same as our local or domestic or PART II
internal
law. This is what we refer to as the doctrine of processual
presumption.
CITIZENSHIP THEORY
In the instant case, assuming arguendo that the English Law
on the matter were properly pleaded and proved in said foreign
- It is for each state to determine who are its national
law would still not find applicability.
- Status of being a citizen of a state who owes
Thus, when the foreign law, judgment or contract is contrary
to a sound and established public policy of the forum, the said allegiance to the state and is entitled to its protection
foreign law, judgment or order shall not be applied. and to the enjoyment of civil and political rights
Additionally, prohibitive laws concerning persons, their acts or
property, and those which have for their object public order, Different kinds of citizenship in the Philippines
public policy and good customs shall not be rendered 1. Natural born citizens
ineffective by laws or judgments promulgated, or by Those who are citizens from birth without
determinations or conventions agreed upon in a foreign having to perform any act to acquire or
country. perfect their Philippine citizenship
The public policy sought to be protected in the instant case is
the principle imbedded in our jurisdiction proscribing the
Native-born Filipinos
splitting up of a single cause of action.
Those born in the Philippines. Natural-born
Moreover, foreign law should not be applied when its
application would work undeniable injustice to the citizens or citizens may not be native-born if they were born
residents of the forum. To give justice is the most important abroad
function of law; hence, a law, or judgment or contract that is
obviously unjust negates the fundamental principles of Conflict
of Laws.
2. Citizens by naturalization
Clearly then, English Law is not applicable.
Those who were formerly aliens but by
judicial, legislative, or administrative
process, have become Filipino citizens

QUIZ TIME
Who are the citizen of the PH?

Citizens of the Philippines under the 1987 Constitution

1. Those who are citizens of the Philippines at the time
PERSONAL LAWS
of the adoption of this Constitution
PERSONAL LAWS- civil status, capacity, condition, family rights 2. Those whose fathers or mothers are citizens of the
Philippines
and duties, laws on succession and capacity to succeed.
3. Those born before January 17, 1973, of Filipino
OUR lesson for today is about Personal Laws. Conflicts of law mothers, who elect Philippine citizenship upon
reaching the age of majority (within a reasonable
problems are determine mainly by the national or the domicile
time 3 years from reaching the age of majority) and
of the subject. Remember that there must be a foreign
4. Those who are naturalized in accordance with law
element. How can say that there is a foreign element? So you
have to know kung usa ang iyang nationality and his
domiciliary. This is a review of you constitutional subjects. Juridical person- how do you know the nationality of the
juridical person? It is determine by by the enabling law that
We learned before that controversy regarding to its civil status,
created such corporation.
capacity, family relation and laws on succession and capacity
to succeed are determine by the personal law of the subject.
Article 15 of the NCC.
2 mode of acquiring citizenship
Article 15 NCC: An individual private rights should be
determine not on its physical location but by its political 1. By blood;
allegiance. 2. By naturalization

Article 15. Laws relating to family rights and duties,

or to the status, condition and legal capacity of
persons are binding upon citizens of the Philippines,
even though living abroad.

8
 Conflict of Laws
Jus soli v. jus sanguinis
Jus soli Jus sanguinis
A person is a citizen of the It is citizenship by blood
country where he was born
or of the country of his birth
This is the rule that we
follow in the Philippines
o Principle of jus sanguinis
o How Philippine citizenship is acquired
o Effect of filing certificate of candidacy: express renunciation of
other citizenship
VALLES VS COMELEC
FACTS:
Rosalind Ybasco Lopez was born on May 16, 1934 in Australia
to a Filipino father and an Australian mother. In 1949, at the
age of fifteen, she left Australia and came to settle in the
Philippines, where she later married a Filipino and has since
then participated in the electoral process not only as a voter
but as a candidate, as well. In the May 1998 elections, she ran
for governor but Valles filed a petition for her disqualification
as candidate on the ground that she is an Australian.
ISSUE:
o Whether or not Rosalind is an Australian or a Filipino
HELD:
The Philippine law on citizenship adheres to the principle of jus
sanguinis. Thereunder, a child follows the nationality or
citizenship of the parents regardless of the place of his/her
birth, as opposed to the doctrine of jus soli which determines
nationality or citizenship on the basis of place of birth.
Rosalind Ybasco Lopez was born a year before the 1935
Constitution took into effect and at that time, what served as
the Constitution of the Philippines were the principal organic
acts by which the United States governed the country. These
were the Philippine Bill of July 1, 1902 and the Philippine
Autonomy Act of Aug. 29, 1916, also known as the Jones Law.
Under both organic acts, all inhabitants of the Philippines who
were Spanish subjects on April 11, 1899 and resided therein
including their children are deemed to be Philippine citizens.
Private respondents father, Telesforo Ybasco, was born on Jan.
5, 1879 in Daet, Camarines Norte.... Thus, under the Philippine
Bill of 1902 and the Jones Law, Telesforo Ybasco was deemed
to be a Philippine citizen. By virtue of the same laws, which
were the laws in force at the time of her birth, Telesforos
daughter, herein private respondent Rosalind Ybasco Lopez, is
likewise a citizen of the Philippines.
The signing into law of the 1935 Philippine Constitution has
Atty Tirso S. Lasay Arafol/Aribal
established the principle of jus sanguinis as basis for the
acquisition of Philippine citizenship, xxx
So also, the principle of jus sanguinis, which confers citizenship
by virtue of blood relationship, was subsequently retained
under the 1973 and 1987 Constitutions. Thus, the herein
private respondent, Rosalind Ybasco Lopez, is a Filipino citizen,
having been born to a Filipino father. The fact of her being born
in Australia is not tantamount to her losing her Philippine
citizenship. If Australia follows the principle of jus soli, then at
most, private respondent can also claim Australian citizenship
resulting to her possession of dual citizenship.
Sir discussion : Here dri namugawas ang conflict. Gipanganak
sya sa Filipino na tatay pero gipanganak sya sa country kung
asa ang jus soli. Unsay tawag sa iya? Dual citizen. The fact of
her being born in Australia is not tantamount to her losing her
Philippine citizenship. If Australia follows the principle of jus
soli, then at most, private respondent can also claim Australian
citizenship resulting to her possession of dual citizenship.
Election of Citizen Procedure
So those born before January 17 1973 of Filipino mothers who
elect PH citizenship upon reaching the age of majority. What is
the procedure?
1. Express intention in the statement signed
and sworned to by the party before any office
authorize to administer oath. Ex. Notary
public.
2. File sworned statement of oath of allegiance
with the nearest civil registry and the
election must be made within reasonable
time ( 3 years,) meaning 21 years of age.
DUAL CITIZENSHIP- status of a person who is a citizen of two
or more countries at the same time
1. Those born of Filipino fathers and/or mothes in the
foregn countries which follow the principle of jus soli;
2. Those born in the Philippines of Filipino mothers and alien
fathers if by the laws f their fathers country such children
are citizen of that country;
3. Those who marry aliens if by the laws of the latters
country the former are considered citizens, unless by
their act or omission they are deemed to have renounced
PH citizenship;
a. - Naminyo si A ug Americano? Is A a Filipino?
Yes,unless by act and omission he is deemed to
renounce his citizenship. What is those acts and
omission? Holding a green card is a mere
evidence that you are domicile in that country.
Hindi sya act that he renounce his citizenship.
Take not what is prohibited is dual allegiance
9
Conflict of Laws Atty Tirso S. Lasay Arafol/Aribal

4. Those who retained or reacquired their PH citizenship
under RA 9225 after havng been naturalized in a foreign
country.
GR: Dual citizenship remains
Exception : by means of renouncing or filling a certificate of
candidacy or accepting official appointment in the government
inimical to the national interest and shall be dealt with by law."
Consequently, persons with mere dual citizenship do not fall
under this disqualification. Unlike those with dual allegiance,
who must, therefore, be subject to strict process with respect
to the termination of their status, for candidates with dual
citizenship, it should suffice if, upon the filing of their
certificates of candidacy, they elect Philippine citizenship to
terminate their status as persons with dual citizenship
considering that their condition is the unavoidable consequence
of conflicting laws of different states.

MERCADO VS MANZANO 1998 By electing Philippine citizenship, such candidates at the same
time forswear allegiance to the other country of which they are
FACTS: also citizens and thereby terminate their status as dual
citizens. It may be that, from the point of view of the foreign
Petitioner Ernesto Mercado and Eduardo Manzano were both state and of its laws, such an individual has not effectively
candidates for Vice-Mayor of Makati in the May 11, 1998 renounced his foreign citizenship. That is of no moment.
elections.
When a person applying for citizenship by naturalization takes
Based on the results of the election, Manzano garnered the an oath that he renounces his loyalty to any other country or
highest number of votes. However, his proclamation was government and solemnly declares that he owes his allegiance
suspended due to the pending petition for disqualification filed to the Republic of the Philippines, the condition imposed by law
by Ernesto Mercado on the ground that he was not a citizen of is satisfied and complied with. The determination whether such
the Philippines but of the United States. renunciation is valid or fully complies with the provisions of our
Naturalization Law lies within the province and is an exclusive
From the facts presented, it appears that Manzano is both a prerogative of our courts. The latter should apply the law duly
Filipino and a US citizen. enacted by the legislative department of the Republic. No
foreign law may or should interfere with its operation and
The Commission on Elections declared Manzano disqualified as application.
candidate for said elective position.
The court ruled that the filing of certificate of candidacy of
However, in a subsequent resolution of the COMELEC en banc, respondent sufficed to renounce his American citizenship,
the disqualification of the respondent was reversed. effectively removing any disqualification he might have as a
Respondent was held to have renounced his US citizenship dual citizen. By declaring in his certificate of candidacy that he
when he attained the age of majority and registered himself as is a Filipino citizen; that he is not a permanent resident or
a voter in the elections of 1992, 1995 and 1998. immigrant of another country; that he will defend and support
the Constitution of the Philippines and bear true faith and
Manzano was eventually proclaimed as the Vice-Mayor of allegiance thereto and that he does so without mental
Makati City on August 31, 1998. reservation, private respondent has, as far as the laws of this
country are concerned, effectively repudiated his American
Thus the present petition. citizenship and anything which he may have said before as a
dual citizen.

ISSUE: On the other hand, private respondents oath of allegiance to

Whether or not a dual citizen is disqualified to hold public
elective office in the philippines.
RULING:
The court ruled that the phrase "dual citizenship" in R.A. 7160
Sec. 40 (d) and R.A. 7854 Sec. 20 must be understood as
referring to dual allegiance. Dual citizenship is different from
dual allegiance. The former arises when, as a result of the
application of the different laws of two or more states, a person
is simultaneously considered a national by the said states. Dual
allegiance on the other hand, refers to a situation in which a
person simultaneously owes, by some positive act, loyalty to
two or more states. While dual citizenship is involuntary, dual
allegiance is a result of an individual's volition. Article IV Sec.
5 of the Constitution provides "Dual allegiance of citizens is
the Philippines, when considered with the fact that he has spent
his youth and adulthood, received his education, practiced his
profession as an artist, and taken part in past elections in this
country, leaves no doubt of his election of Philippine
citizenship.
His declarations will be taken upon the faith that he will fulfill
his undertaking made under oath. Should he betray that trust,
there are enough sanctions for declaring the loss of his
Philippine citizenship through expatriation in appropriate
proceedings. In Yu v. Defensor-Santiago, the court sustained
the denial of entry into the country of petitioner on the ground
that, after taking his oath as a naturalized citizen, he applied
for the renewal of his Portuguese passport and declared in
commercial documents executed abroad that he was a
Portuguese national. A similar sanction can be taken against
any one who, in electing Philippine citizenship, renounces his
10
Conflict of Laws
foreign nationality, but subsequently does some act
constituting renunciation of his Philippine citizenship.
The petition for certiorari is DISMISSED for lack of merit.
DISCUSSION: manzano here is born in US. He is American
under jus soli doctrine. SC ruled what is prohibited is not dual
citizenship but dual allegiance. Nganu man diay pag dual
allegiance? Our constitution said that dual allegiance is
dangerous to our country. Namamangka sa duh aka ilog. So
the filling here of the coc is __
How PH citizenship lost?
Under Com. Act 63, as amended, a Filipino citizen may lose his
citizenship in any of the following ways:
1. By naturalization in a foreign country
2. By express renunciation of citizenship
3. By subscribing an oath of allegiance to support the
constitution or laws of a foreign country upon
attaining twenty-one years of age or more
4. By accepting commission in the military, naval, or air
service of a foreign country
5. By cancellation of the certificate of naturalization
So pag mag apply ka ug naturalization you
are subject to certain condition. So if you
violate these condition boom.. pwde I
cancel ang imung certificate of
naturalization.
6. By having been declared by competent authority, a
deserter of the Philippine armed forces in time of war,
unless subsequently a plenary pardon or amnesty has
been granted
YU VS DEFENSOR SANTIAGO
So here involves a portugues.
FACTS: In the case at bar, herein petitioner, despite his
naturalization as a Philippine citizen, applied and renewed his
Portuguese passport. Moreover, while still a citizen of the
Philippines, petitioner also declared his nationality as
Portuguese in commercial documents he signed.
ISSUE: Whether or not the acts of applying for a foreign
passport and declaration of foreign nationality in commercial
documents, constitute an express renunciation of ones
Philippine citizenship acquired through naturalization.
HELD: Yes, the foregoing acts considered together constitute
an express renunciation of petitioners Philippine citizenship
acquired through naturalization. In a related jurisprudence,
express renunciation was held to mean a renunciation that is
made known distinctly and explicitly and not left to inference
or implication. So here he reacquired his status as Portuguese
citizenship
3 ways how to acquired citizenship
1. Direct act of congress- story of andre blanche
2. By naturalization take oath of allegiance in the
public
3. By repatriation- original citizenship is discovered ..
ang makahatag sa akua sa case kay nay 5 points. So
here her was restored to his status as natural born
Filipino citizenship
Atty Tirso S. Lasay Arafol/Aribal
Bengson vs HRET
BENGSON vs. HRET and CRUZ
G.R. No. 142840
May 7, 2001
FACTS: The citizenship of respondent Cruz is at issue in this
case, in view of the constitutional requirement that no person
shall be a Member of the House of Representatives unless he
is a natural-born citizen.
Cruz was a natural-born citizen of the Philippines. He was born
in Tarlac in 1960 of Filipino parents. In 1985, however, Cruz
enlisted in the US Marine Corps and without the consent of the
Republic of the Philippines, took an oath of allegiance to the
USA. As a Consequence, he lost his Filipino citizenship for under
CA No. 63 [(An Act Providing for the Ways in Which Philippine
Citizenship May Be Lost or Reacquired (1936)] section 1(4), a
Filipino citizen may lose his citizenship by, among other,
rendering service to or accepting commission in the armed
forces of a foreign country.
Whatever doubt that remained regarding his loss of Philippine
citizenship was erased by his naturalization as a U.S. citizen in
1990, in connection with his service in the U.S. Marine Corps.
In 1994, Cruz reacquired his Philippine citizenship through
repatriation under RA 2630 [(An Act Providing for Reacquisition
of Philippine Citizenship by Persons Who Lost Such Citizenship
by Rendering Service To, or Accepting Commission In, the
Armed Forces of the United States (1960)]. He ran for and was
elected as the Representative of the 2nd District of Pangasinan
in the 1998 elections. He won over petitioner Bengson who was
then running for reelection.
Subsequently, petitioner filed a case for Quo Warranto Ad
Cautelam with respondent HRET claiming that Cruz was not
qualified to become a member of the HOR since he is not a
natural-born citizen as required under Article VI, section 6 of
the Constitution.
HRET rendered its decision dismissing the petition for quo
warranto and declaring Cruz the duly elected Representative in
the said election.
ISSUE: WON Cruz, a natural-born Filipino who became an
American citizen, can still be considered a natural-born Filipino
upon his reacquisition of Philippine citizenship.
HELD: petition dismissed
YES
Filipino citizens who have lost their citizenship may however
reacquire the same in the manner provided by law. C.A. No. 63
enumerates the 3 modes by which Philippine citizenship may
be reacquired by a former citizen:
1. by naturalization,
2. by repatriation, and
3. by direct act of Congress.
**
11
Conflict of Laws
Repatriation may be had under various statutes by those who
lost their citizenship due to:
1. desertion of the armed forces;
2. services in the armed forces of the allied forces in
World War II;
3. service in the Armed Forces of the United States at
any other time,
4. marriage of a Filipino woman to an alien; and
5. political economic necessity
Repatriation results in the recovery of the original nationality
This means that a naturalized Filipino who lost his citizenship
will be restored to his prior status as a naturalized Filipino
citizen. On the other hand, if he was originally a natural-born
citizen before he lost his Philippine citizenship, he will be
restored to his former status as a natural-born Filipino.
R.A. No. 2630 provides:
Sec 1. Any person who had lost his Philippine citizenship by
rendering service to, or accepting commission in, the Armed
Forces of the United States, or after separation from the
Armed Forces of the United States, acquired United States
citizenship, may reacquire Philippine citizenship by taking an
oath of allegiance to the Republic of the Philippines and
registering the same with Local Civil Registry in the place
where he resides or last resided in the Philippines. The said
oath of allegiance shall contain a renunciation of any other
citizenship.
Having thus taken the required oath of allegiance to the
Republic and having registered the same in the Civil Registry
of Magantarem, Pangasinan in accordance with the aforecited
provision, Cruz is deemed to have recovered his original status
as a natural-born citizen, a status which he acquired at birth as
the son of a Filipino father. It bears stressing that the act of
repatriation allows him to recover, or return to, his original
status before he lost his Philippine citizenship.
3 MODES OF NATURALIZATION
1. Administrative naturalization ;
2. Judical Naturalization unsa mani? Muo ning
magpasa ka sa court ug requirement. Story of Bobby
park ( Sorry sir, Sandara Park lang akuang nailhan) ;
3. Legislative naturalization
QUALIFICATION FOR ADMINISTRATIVE NATURALIZATION ( RA
9139- ADMINSTRATIVE NATURALIZATION OF 2000)
1. The applicant must be born in the Philippines and residing
therein since birth
2. The applicant must not be less than 18 years of age, at
the time of filing of his/her petition
3. The applicant must be of good moral character and
believes in the underlying principles of the Constitution
and must have conducted himself/herself in a proper and
irreproachable manner during his/her entire period of
residence in the Philippines in relation with the duly
constituted government as well as with the community in
which he/she is living
Atty Tirso S. Lasay Arafol/Aribal
4. The applicant must have received his/her primary and
secondary education in any public school or private
education institution duly recognized by the DECS, where
Philippine history, government, and civics are taught and
prescribed as part of the school curriculum and where
enrollment is not limited to any race or nationality:
Provided, that should he/she have minor children of school
age, he/she must have enrolled them in similar schools.
5. The applicant must have a known trade, business,
profession, or lawful occupation, from which he/she
derives income sufficient for his/her support and if he/she
is married and/or has dependents, also that of his/her
family: Provided, however, that this shall not apply to
applicants who are college degree holders but are unable
to practice their profession because they are disqualified
to do so by reason of their citizenship
6. The applicant must be able to read, write, and speak
Filipino or any of the dialects of the Philippines, and
7. The applicant must have mingled with the Filipinos and
evinced a sincere desire to learn and embrace the
customs, traditions, and ideals of the Filipino people
GROUND FOR CANCELLATION
1. Made any false statement or misrepresentation or
commtted any violaton of law, rules or regulation in
connecton wth the pettion for naturalzaton
2. Wthin 5 years next following the grant of Philippine
Citizenship establiehd ppermnanet residence in a
foregn country- covers the wfe and children as well;
3. Allowed himself to be used as a dummy n violaton of
any constitutional or legal provision requiring PH
citzenshpp- covers wfe and children;
4. Committed any act inimical to national security-
covers wfe and children.
DOMICILIARY THEORY
Domiciliary theory
It is the theory whereby the status, condition, family rights and
obligations, and capacity of a person are governed by the law
of his domicile or the lex domicilii
Principles regarding ones domicile of choice
1. No person can ever be without a domicile or every
natural person must have a domicile
2. A person cannot have two simultaneous domiciles
3. A natural person, free (not a prisoner) and sui juris
(one of age and under no disability), can change his
domicile at pleasure
4. A domicile, once acquired, is retained until a new one
is gained
5. The presumption being in favor of the continuance of
an existing domicile, the burden of proof is on the one
who alleges that a change of domicile has taken place
6. To acquire a new domicile of choice, the following
must concur:
(1) Residence or bodily presence in the new
locality
(2) An intention to remain there (animus
manendi) and
(3) An intention not to return to the former
abode (animus non revertendi)
12
Conflict of Laws Atty Tirso S. Lasay Arafol/Aribal

- No person Shall be without a domicle Son in the Philippines, the law that determines who
- A Person cannot have two simultaneous domiciles- to are its citizens is found in the constitution.
establish a connecton between the person and a
definte legal system
- The burden of provng a change of domcile is upon Article IV. Section I. The following are citizens of
the Philippines:
whoever alleges that a change has been secured

To effect a change in dommicle: 1. Those who are citizens of the Philippines

- Actual removal from domicile at the time of the adoption of this
- Bona Fide intention of abandoning the former place of Constitution;
residence and estbalishn a new one; 2. Those whose fathers or mothers are
- Acts whch correspond with purpose. citizens of the Philippines;
3. Those born before January 17, 1973, of
Filipino mothers, who elect Philippine
Different kinds of domicile Citizenship upon reaching the age of
1. Domicile of origin: The domicile assigned by law to majority; and
a person at the moment of his birth 4. Those who are naturalized in the
a. at brth, remans until replaced by domicile of accordance with law.
choice
2. Constructive domicile or domicile by operation
We also learned that there are two modes of acquiring
of law: The domicile assigned by law to a person after
Filipino Citizenship:
birth on account of a legal disability, like minority,
insanity, imprisonment, etc.
a. According to sir: assigned to a persons 1. By blood (Jus sanguinis),and
legally incapable of choosing their own 2. By soil (Jus Soli)
domicile
3. Domicile of choice: The domicile of a person sui juris We also discussed dual citizenship. What is the status
because he has his home there and to which, of a person if he is a citizen of two or more countries at the
whenever absent, he intends to return same time?
a. According to sir: freely chosen by a person (
animo manendi, animo revertendi)
Who are dual Citizens?

END OF NOTES 1. Those who are born with Filipino fathers

and/or Mothers in a foreign country that is
following the principle of jus soli.
2. Those who are born in the Philippines, to a
AUGUST 1 2017 Filipino Mother and alien fathers, who by the
law of his country such children are citizen of
PART 1- DAVEAU ARIBAL that country.
3. Those who marry aliens if by the laws of the
Conflicts of law latters country the former are considered
citizens, unless by their act or omission they
August 1 2017 are deemed to have renounced Philippine
Citizenship.
Recap 4. Those who retained or reacquired their
Philippine Citizenship under RA 9225 after
Last time we discussed personal law,specifically having been naturalized in a foreign country.
citizenship or the lex nationali.

So as we have discussed over and over again, We discussed the case of Manzano
personal law governs the civil status, family rights and duties,
laws on succession and capacity to succeed. Mercado v. Manzano Case Digest [G.R. No. 135083.
May 26, 1999]
Art. 15. Laws relating to family rights and
duties, or to the status, condition and legal FACTS:
capacity of persons are binding upon citizens of
the Philippines, even though living abroad. Petitioner Ernesto Mercado and Eduardo
Manzano were both candidates for Vice-Mayor of
Privates rights should not be determined by his Makati in the May 11, 1998 elections.
physical location but by his political allegiance. It is for each
state to determine who are it nationals. Based on the results of the election, Manzano
garnered the highest number of votes. However, his
It also defines it citizenship and status of a citizens of proclamation was suspended due to the pending
a state who, owns allegiance to the state and is entitled to its petition for disqualification filed by Ernesto Mercado
protection and enjoyment of civil and political rights. on the ground that he was not a citizen of the
Philippines but of the United States.

13
Conflict of Laws
From the facts presented, it appears that
Manzano is both a Filipino and a US citizen.
The Commission on Elections declared Manzano
disqualified as candidate for said elective position.
However, in a subsequent resolution of the
COMELEC en banc, the disqualification of the
respondent was reversed. Respondent was held to
have renounced his US citizenship when he attained
the age of majority and registered himself as a voter
in the elections of 1992, 1995 and 1998.
Manzano was eventually proclaimed as the Vice-
Mayor of Makati City on August 31, 1998.
Thus the present petition.
ISSUE:
Whether or not a dual citizen is disqualified to
hold public elective office in the philippines.
RULING:
The court ruled that the phrase "dual
citizenship" in R.A. 7160 Sec. 40 (d) and R.A. 7854
Sec. 20 must be understood as referring to dual
allegiance. Dual citizenship is different from dual
allegiance. The former arises when, as a result of the
application of the different laws of two or more states,
a person is simultaneously considered a national by
the said states. Dual allegiance on the other hand,
refers to a situation in which a person simultaneously
owes, by some positive act, loyalty to two or more
states. While dual citizenship is involuntary, dual
allegiance is a result of an individual's volition. Article
IV Sec. 5 of the Constitution provides "Dual allegiance
of citizens is inimical to the national interest and shall
be dealt with by law."
Consequently, persons with mere dual
citizenship do not fall under this disqualification.
Unlike those with dual allegiance, who must,
therefore, be subject to strict process with respect to
the termination of their status, for candidates with
dual citizenship, it should suffice if, upon the filing of
their certificates of candidacy, they elect Philippine
citizenship to terminate their status as persons with
dual citizenship considering that their condition is the
unavoidable consequence of conflicting laws of
different states.
By electing Philippine citizenship, such
candidates at the same time forswear allegiance to
the other country of which they are also citizens and
thereby terminate their status as dual citizens. .
The court ruled that the filing of certificate of
candidacy of respondent sufficed to renounce his
American citizenship, effectively removing any
disqualification he might have as a dual citizen. By
declaring in his certificate of candidacy that he is a
Atty Tirso S. Lasay Arafol/Aribal
Filipino citizen; that he is not a permanent resident or
immigrant of another country; that he will defend and
support the Constitution of the Philippines and bear
true faith and allegiance thereto and that he does so
without mental reservation, private respondent has,
as far as the laws of this country are concerned,
effectively repudiated his American citizenship and
anything which he may have said before as a dual
citizen.
On the other hand, private respondents oath
of allegiance to the Philippines, when considered with
the fact that he has spent his youth and adulthood,
received his education, practiced his profession as an
artist, and taken part in past elections in this country,
leaves no doubt of his election of Philippine
citizenship.
In Yu v. Defensor-Santiago, the court
sustained the denial of entry into the country of
petitioner on the ground that, after taking his oath as
a naturalized citizen, he applied for the renewal of his
Portuguese passport and declared in commercial
documents executed abroad that he was a Portuguese
national. A similar sanction can be taken against any
one who, in electing Philippine citizenship, renounces
his foreign nationality, but subsequently does some
act constituting renunciation of his Philippine
citizenship.
The petition for certiorari is DISMISSED for
lack of merit.
We also discussed how Philippines is Lost (refer to the
notes given.)
In relation to No. 3. Why would you loss you citizenship
when you subscribe an oath of allegiance to another state? How
different is it from marrying a foreigner? (refer to the case of
Mercado V. Manzano)
Also, we had the Three modes of Naturalization:
1. Administrative naturalization
2. Judicial naturalization
3. Legislative naturalization
Qualification of Administrative Naturalization (refer to
the notes given.)
Grounds for cancellation (refer to the notes given.)
Naturalization, remember this is not a right but a
privilege.
Okay, so now we will discussed Lex Domicilii or the
Domiciliary Principle.
The law provides that no person shall be without a
domicile.
14
Conflict of Laws Atty Tirso S. Lasay Arafol/Aribal

A person cannot have two simultaneous domiciles? Residence- Pertains to mere physical presence. It is
Why is that? - To establish a connection between the person only the first element of an individual. It is use to determine
and a legal system. the place of abode whether permanent or temporary

It is very important to know the domicile of person, Domicile- There is an intention to remain, more than
because certain controversies require the adherence to or physical presence.
application of the law of the domiciliary.

Who has the burden of proving a change of domicile?

It is upon whoever alleges that a change has been secured.
Rumualdez v. Marcos.

Rulling: Imelda was a resident of the First District of Leyte for

election purposes, and therefore possessed the necessary
So, remember that in lex domicilii, the law that residence qualifications to run in Leyte as a candidate for a seat
governs is the place of domicile. in the House of Representatives for the following reasons:

What is Domicile? It is a place of Habitual residence.

It is a place to which whenever absent for business, of a. Minor follows the domicile of his parents. As domicile, once
pleasure, one intends to returns. acquired is retained until a new one is gained, it follows that in
spite of the fact of petitioner's being born in Manila, Tacloban,
Leyte was her domicile of origin by operation of law. This
Elements of Domicile:
domicile was established when her father brought his family
back to Leyte.
1. Presence. Physical Presence.
2. animo manendi or intention to return b. Domicile of origin is not easily lost. To successfully effect a
permanently. change of domicile, one must demonstrate:

1. An actual removal or an actual change of domicile;

Remember, that is the law of forum that determines
the standard of domicile. So the law of the forum governs the
2. A bona fide intention of abandoning the former place of
standard of domicile.
residence and establishing a new one; and

So again, a forum is the court where the controversy 3. Acts which correspond with the purpose.
if filed.
In the absence of clear and positive proof based on
Now, we go to the kinds of Domicile. these criteria, the residence of origin should be deemed to
continue. Only with evidence showing concurrence of all
three requirements can the presumption of continuity or
Kinds of Domicile: residence be rebutted, for a change of residence requires an
actual and deliberate abandonment, and one cannot have two
1. Domicile of Origin legal residences at the same time. Petitioner held various
2. Domicile of Choice residences for different purposes during the last four decades.
3. Constructive Domicile or by operation by law. None of these purposes unequivocally point to an intention to
abandon her domicile of origin in Tacloban, Leyte.
Rules regarding Domicile. c. It cannot be correctly argued that petitioner lost her domicile
of origin by operation of law as a result of her marriage to the
1. A man has domicile somewhere. late President Ferdinand E. Marcos in 1952. A wife does not
2. A domicile once established remains until a new automatically gain the husbands domicile. What petitioner
one is acquired. gained upon marriage was actual residence. She did not lose
3. A man can have but one domicile at a time. her domicile of origin. The term residence may mean one thing
in civil law (or under the Civil Code) and quite another thing in
political law. What stands clear is that insofar as the Civil Code
How is a Domicile acquired?
is concerned-affecting the rights and obligations of husband
and wife the term residence should only be interpreted to
1. Actual removal from domicile mean "actual residence." The inescapable conclusion derived
2. Bona fide intention of abandoning the former from this unambiguous civil law delineation therefore, is that
place of residence and establishing a new one when petitioner married the former President in 1954, she kept
3. Acts which correspond with purpose her domicile of origin and merely gained a new home, not a
domicilium necessarium.
All elements must be proved to in order to rebut the
d. Even assuming for the sake of argument that petitioner
presumption of continuity of domicile.
gained a new "domicile" after her marriage and only acquired
a right to choose a new one after her husband died, petitioner's
How do you differentiate Domicile from residence? acts following her return to the country clearly indicate that she

15
Conflict of Laws
not only impliedly but expressly chose her domicile of origin
(assuming this was lost by operation of law) as her domicile.
This "choice" was unequivocally expressed in her letters to the
Chairman of the PCGG when petitioner sought the PCGG's
permission to "rehabilitate (our) ancestral house in Tacloban
and Farm in Olot, Leyte ... to make them livable for the Marcos
family to have a home in our homeland." Furthermore,
petitioner obtained her residence certificate in 1992 in
Tacloban, Leyte, while living in her brother's house, an act
which supports the domiciliary intention clearly manifested in
her letters to the PCGG Chairman.
(Romualdez-Marcos vs Comelec, G.R. No. 119976, September
18, 1995)
PART II
Lets discuss the domicile of a corporation
Remember kung asa sya domilce, muo nan a law of the forum
ang mag apply. Pareha lang gihapon na sya sa corporation. The
law said that pag domestic corporation na sya, the domicle is
where the principal office is located as stated in the articles of
incorporation. Pag foreign corporation, the law creating the
foreign corporation, naa pud ditto ang iyang domicile.
Ex, HSBC, domicile in China, pero naa sya banks dri sa PH. Muo
na ni sya ang meaning sa residence in one place and domicile
in another place.
Lets discuss this case
NORTHWEST ORENT AIRLINE VS CA
Northwest is a US corporation. SHARP a PH corporation. SHARP
and Nortwest , they all have a branch in japan. What we have
learned earlier, if a foreign corporation has a branch in a
particular country, that is a resident of such country. They
entered into an agreement wherein the former authorizes the
other to sell his tickets. Ana si Norwest sharp tabangi ko baligay
sa ticket. Sus kaning si northwest wla man niya gerimit ang
halin. So Norwest filed a case agant sharp in Japan. Because
Sharp is a PH corporation, the manager or the person who are
authorize to recived summons is the PH. For some reason wla
sya nakabalo na naa diay case filed in japan. So the summons
was not served to sharp and it failed to attend the hearing
japan. There is now a judgment favorable to northwest and
northwest filed a case in PH for the enforcement of a foreign
judgment. SHARP now question the jurisdiction, alleging walay
jusrdiction.
ISSUE: WON Japanese courts acquired jurisdiction over the
person of the defendant
SC held: domicle of the corporation belongs to the state where
the corporation was incorporated, in the case the PH. The
domicile of a corporation belongs to the state where it was
incorporated. 24 In a strict technical sense, such domicile as a
corporation may have is single in its essence and a corporation
can have only one domicile which is the state of its creation. (
pareha lang sa tao, only one domicile, so here the domicile in
PH)
Atty Tirso S. Lasay Arafol/Aribal
Nonetheless, a corporation formed in one-state may, for
certain purposes, be regarded a resident in another state in
which it has offices and transacts business. HOW? By having
business in one state or branch.
In as much as SHARP was admittedly doing business in Japan
through its four duly registered branches at the time the
collection suit against it was filed, then in the light of the
processual presumption, SHARP may be deemed a resident of
Japan, and, as such, was amenable to the jurisdiction of the
courts therein and may be deemed to have assented to the said
courts' lawful methods of serving process.
Ana ang SC na since you are doing business in japan sharp,
you are a resdent of japan. Being so, Japanese courts have
acquired jurisdiction over you.. ( THIS WILL COME IN YOUR
EXAM NEXT WEEK) YOUR EXAM IS FROM THE START UNTIL
DOMICILIARY THEORY
CHOICE OF LAW ON JURISDICTION TREATED AS CHOICE OF
VENUE
HSBSC vs. Sherman, G.R. No. 72494, Aug. 11, 1989
FACTS:
A Singaporean company applied with and was granted by the
Singapore branch of HSBC an overdraft facility, secured by a
Joint and Several Guarantee executed by the formers
directors (Filipino residents). In the Guarantee, there is a
clause stipulating that jurisdiction over any dispute arising
from the transaction is vested with the Singaporean courts.
When the Singaporean company defaulted, HSBC filed suit
against the directors in the Philippines.
ISSUE: Whether or not the choice of law clause should
be upheld
HELD:
Jurisdiction, which finds its source in sovereignty, cannot be
bargained away by the parties. The State can assume
jurisdiction when there is a reasonable basis of exercising it.
To be reasonable, the jurisdiction must be based on some
minimum contacts that will not offend traditional notions on
fair play and substantial justice.
In the present case, the minimum contact considered is the
Philippine residence of the private respondents. In assuming
jurisdiction, SC held that the parties did not stipulate that
only the courts of Singapore, to the exclusion of all the rest,
has jurisdiction.
(Because jurisdiction cannot be stipulated upon, the choice of
jurisdiction was treated as a choice of venue. And applying
thus, the choice of venue is only permissive, in the absence of
restrictive words to lend exclusivity to the chosen forum.)
16
 Conflict of Laws
NOTA BENE:
When faced with a case that potentially involves the
application of Conflict of Laws principles:
1. First, determine jurisdiction of the forum
o No jurisdiction - dismiss
o Has jurisdiction but refuse to exercise it (forum non
conveniens)
o Has jurisdiction and exercises it - move to second step
2. Second, determine the foreign element/s involved (factual)
o No foreign element - apply local law
o Has foreign element - move to third step
3. Third, determine existence of conflict of laws
o No conflict - apply foreign or local law, as case may be
o Has conflict - move to fourth step
4. Fourth, determine choice of law (law applicable)
o Local law
o Foreign law
SC DECIOSION IN SAUDI ARAABIA VS MORADA CASE
Clearly, petitioner had submitted to the jurisdiction of the
Regional Trial Court of Quezon City. Thus, we find that the trial
court has jurisdiction over the case and that its exercise
thereof, justified.
As to the choice of applicable law, we note that choice-of-
law problems seek to answer two important
questions: (1) What legal system should control a given
situation where some of the significant facts occurred in two or
more states; and (2) to what extent should the chosen legal
system regulate the situation.[53]
Several theories have been propounded in order to
identify the legal system that should ultimately
control. Although ideally, all choice-of-law theories should
intrinsically advance both notions of justice and predictability,
they do not always do so. The forum is then faced with the
problem of deciding which of these two important values should
be stressed.[54]
Before a choice can be made, it is necessary for us to
determine under what category a certain set of facts or rules
fall. This process is known as characterization, or the doctrine
of qualification. It is the process of deciding whether or not the
facts relate to the kind of question specified in a conflicts
rule.[55] The purpose of characterization is to enable the forum
to select the proper law.[56]
Our starting point of analysis here is not a legal relation,
but a factual situation, event, or operative fact.[57] An essential
element of conflict rules is the indication of a test or connecting
factor or point of contact. Choice-of-law rules invariably consist
of a factual relationship (such as property right, contract claim)
and a connecting factor or point of contact, such as the situs of
the res, the place of celebration, the place of performance, or
the place of wrongdoing.[58]
Note that one or more circumstances may be present to
serve as the possible test for the determination of the
applicable law.[59] These test factors or points of contact or
connecting factors could be any of the following:
(1) The nationality of a person, his domicile, his
residence, his place of sojourn, or his origin;
Atty Tirso S. Lasay Arafol/Aribal
(2) the seat of a legal or juridical person, such as
a corporation;
(3) the situs of a thing, that is, the place where a
thing is, or is deemed to be situated. In particular,
the lex situs is decisive when real rights are
involved;
(4) the place where an act has been done,
the locus actus, such as the place where a
contract has been made, a marriage
celebrated, a will signed or a tort
committed. The lex loci actus is particularly
important in contracts and torts;
(5) the place where an act is intended to come
into effect, e.g., the place of performance of
contractual duties, or the place where a power of
attorney is to be exercised;
(6) the intention of the contracting parties as to
the law that should govern their agreement,
the lex loci intentionis;
(7) the place where judicial or administrative
proceedings are instituted or done. The lex forithe
law of the forumis particularly important because,
as we have seen earlier, matters of procedure not
going to the substance of the claim involved are
governed by it; and because the lex fori applies
whenever the content of the otherwise applicable
foreign law is excluded from application in a given
case for the reason that it falls under one of the
exceptions to the applications of foreign law; and
(8) the flag of a ship, which in many cases is
decisive of practically all legal relationships of the
ship and of its master or owner as such. It also
covers contractual relationships particularly
contracts of affreightment.[60] (Underscoring ours.)
After a careful study of the pleadings on record, including
allegations in the Amended Complaint deemed submitted for
purposes of the motion to dismiss, we are convinced that there
is reasonable basis for private respondents assertion that
although she was already working in Manila, petitioner brought
her to Jeddah on the pretense that she would merely testify in
an investigation of the charges she made against the two
SAUDIA crew members for the attack on her person while they
were in Jakarta. As it turned out, she was the one made to face
trial for very serious charges, including adultery and violation
of Islamic laws and tradition.
There is likewise logical basis on record for the claim that
the handing over or turning over of the person of private
respondent to Jeddah officials, petitioner may have acted
beyond its duties as employer. Petitioners purported act
contributed to and amplified or even proximately caused
additional humiliation, misery and suffering of private
respondent. Petitioner thereby allegedly facilitated the arrest,
detention and prosecution of private respondent under the
guise of petitioners authority as employer, taking advantage of
the trust, confidence and faith she reposed upon it. As
purportedly found by the Prince of Makkah, the alleged
conviction and imprisonment of private respondent was
wrongful. But these capped the injury or harm allegedly
inflicted upon her person and reputation, for which petitioner
could be liable as claimed, to provide compensation or redress
for the wrongs done, once duly proven.
17
Conflict of Laws Atty Tirso S. Lasay Arafol/Aribal

Considering that the complaint in the court a quo is one
involving torts, the connecting factor or point of contact could
be the place or places where the tortious conduct or lex loci
actus occurred. And applying the torts principle in a conflicts
case, we find that the Philippines could be said as a situs of the
tort (the place where the alleged tortious conduct took
place). This is because it is in the Philippines where petitioner
allegedly deceived private respondent, a Filipina residing and
working here. According to her, she had honestly believed that
petitioner would, in the exercise of its rights and in the
performance of its duties, act with justice, give her her due and
observe honesty and good faith. Instead, petitioner failed to
protect her, she claimed. That certain acts or parts of the injury
allegedly occurred in another country is of no moment. For in
our view what is important here is the place where the over-all
harm or the fatality of the alleged injury to the person,
reputation, social standing and human rights of complainant,
had lodged, according to the plaintiff below (herein private
respondent). All told, it is not without basis to identify the
Philippines as the situs of the alleged tort.
Moreover, with the widespread criticism of the traditional
rule of lex loci delicti commissi, modern theories and rules on
tort liability[61] have been advanced to offer fresh judicial
approaches to arrive at just results. In keeping abreast with
the modern theories on tort liability, we find here an occasion
to apply the State of the most significant relationship rule,
which in our view should be appropriate to apply now, given
the factual context of this case.
In applying said principle to determine the State which
has the most significant relationship, the following contacts are
to be taken into account and evaluated according to their
relative importance with respect to the particular issue: (a) the
place where the injury occurred; (b) the place where the
conduct causing the injury occurred; (c) the domicile,
residence, nationality, place of incorporation and place of
business of the parties, and (d) the place where the
relationship, if any, between the parties is centered.[62]
of the Civil Code of the Philippines. In her Amended Complaint
and subsequent pleadings she never alleged that Saudi law
should govern this case.[65] And as correctly held by the
respondent appellate court, considering that it was the
petitioner who was invoking the applicability of the law of Saudi
Arabia, thus the burden was on it [petitioner] to plead and to
establish what the law of Saudi Arabia is.[66]
Lastly, no error could be imputed to the respondent
appellate court in upholding the trial courts denial of
defendants (herein petitioners) motion to dismiss the case. Not
only was jurisdiction in order and venue properly laid, but
appeal after trial was obviously available, and the expeditious
trial itself indicated by the nature of the case at
hand.Indubitably, the Philippines is the state intimately
concerned with the ultimate outcome of the case below not just
for the benefit of all the litigants, but also for the vindication of
the countrys system of law and justice in a transnational
setting. With these guidelines in mind, the trial court must
proceed to try and adjudge the case in the light of relevant
Philippine law, with due consideration of the foreign element or
elements involved. Nothing said herein, of course, should be
construed as prejudging the results of the case in any manner
whatsoever.
WHEREFORE, the instant petition for certiorari is hereby
DISMISSED. Civil Case No. Q-93-18394 entitled Milagros P.
Morada vs. Saudi Arabia Airlines is hereby REMANDED to
Regional Trial Court of Quezon City, Branch 89 for further
proceedings.
SO ORDERED.

As already discussed, there is basis for the claim that

over-all injury occurred and lodged in the Philippines. There is
likewise no question that private respondent is a resident
Filipina national, working with petitioner, a resident foreign
corporation engaged here in the business of international air
carriage. Thus, the relationship between the parties was
centered here, although it should be stressed that this suit is
not based on mere labor law violations. From the record, the
claim that the Philippines has the most significant contact with
the matter in this dispute,[63] raised by private respondent as
plaintiff below against defendant (herein petitioner), in our
view, has been properly established.

Prescinding from this premise that the Philippines is

the situs of the tort complaint of and the place having the most
interest in the problem, we find, by way of recapitulation, that
the Philippine law on tort liability should have paramount
application to and control in the resolution of the legal issues
arising out of this case. Further, we hold that the respondent
Regional Trial Court has jurisdiction over the parties and the
subject matter of the complaint; the appropriate venue is in
Quezon City, which could properly apply Philippine
law. Moreover, we find untenable petitioners insistence that
[s]ince private respondent instituted this suit, she has the
burden of pleading and proving the applicable Saudi law on the
matter.[64] As aptly said by private respondent, she has no
obligation to plead and prove the law of the Kingdom of Saudi
Arabia since her cause of action is based on Articles 19 and 21

18