Ongteco, Erika Therese Gonzaga

Third Year – Bachelor of Laws

Atty. Aiken Gamboa

Conflicts of Law
Reaction Paper on Coquia’s Restatement of Conflicts of Laws

The Civil Code of the Philippines was enacted on June 18, 1949, from that
time on, a lot of modernizations, innovations and developments involving
foreign elements began to change the country’s system of laws. As the
country continues to develop and progress, certain laws are rendered
ineffective or worst, inapplicable. Thus, there is a pressing need for
restatement of the private international law or conflicts of law.

To be a globally competitive country, the Philippines have to develop a

system of law that is up to date and as much as possible, in harmony with
the foreign law or, if deemed impossible, craft a set of policy that will
diplomatically settle or resolve conflicts such as those pertaining to
jurisdiction or interpretation of law.

An influx of foreign corporations and aliens marrying Filipino citizens have

been staying in the country taking part in the day to day commercial
transactions which plays a vital role for our socio-economic sustenance and
growth.

Our Philippine Laws must be reasonable enough to attract foreign investors

because this will make them feel secured especially In terms of their rights
or interests over their investments. Laws must be responsive to the
changing needs of the society; otherwise, the country will be left behind
surrounded by obsolete laws. Laws are the skeletal framework of a healthy
society for without which, the society will be in great chaos.

In Conflicts of Law, it is of utmost importance to determine first if there is

indeed jurisdiction, if a country has a jurisdiction the next step is to
determine if there are foreign elements involved. If there is a foreign
element, determine existence of conflict of laws and if there is conflict,
determine applicable law whether local or foreign.

Conflicts of Law is not a part of International Law but is part of Municipal

Law of each state which means the local law of each state. Diversity of
Conflicts among different states of the world is not peculiar because each
state has their own language, religions, cultures and beliefs as reflected in
their legal system.

Source of Conflict of Laws include the Constitution, Rules and regulations by

administrative tribunal, Statutes, Judicial ruling by the Supreme Court,
Decisions of foreign courts, Treatises, Commentaries and studies of well-
known authors. Thus, people in the legal profession must actively take part
in the advancement of the Conflicts of Laws and the legal remedies.

In Conflicts of Law, the following must be emphasized:

On Domicile and Residence, These must be clearly defined by law so as not

to create confusion as the two words may sound synonymous to one
another. The abandonment of a domicile for a new domicile must be clearly
established. There must be animus manendi and animus revertendi.

On Dual Allegiance and Dual Citizenship, in which Dual allegiance refers to

the situation in which a person simultaneously owes, by some positive act,
loyalty to two or more states and Dual Citizenship is citizenship in two
different countries. The concept of dual citizenship recognizes that a person
may have and exercise rights of nationality in two countries and be subject
to the responsibilities of both. Dual allegiance of citizens is inimical to the
national interest and shall be dealt with by law.

On Marriage, I believe that our country may consider approving the Divorce
Law. I personally, find no significant difference between annulment and
divorce. A divorce decree should be granted between a Filipino spouse who
obtained a foreign nationality and divorced his Filipino spouse otherwise; this
would result to an absurd situation. The right to choose a spouse for the rest
of one’s life cannot be left in the hands of the state. Indeed, the state has to
protect the sanctity of marriage but it doesn’t have to be at the extent of
depriving its citizens with their happiness. How can a married couple with
distrained relationship nurture a happy family? How can they portray their
roles as parents if they are always arguing with one another? If other states
can approve such divorce law then why can’t the Philippines?

On Choice of Law and Forum, The Philippine Civil Code has no specific
provision on this point, under the principle of freedom and contract; the
parties are free to choose the law which will govern their agreement and the
venue where the case may be filed. If no stipulation was made, it will be
based on the laws of the state that has the most significant relationship to
the transaction. Our country might as well add a specific provision regarding
this matter so that there would be no difficulty in determining or in proving
the substantial connections between the states which have the most
significant relationship.

With all the conflicting laws of states from one another, we must still feel
blessed, for without these conflicts there would be no room for improvement
and enhancement of laws that will be greatly beneficial to the constituents.
Conflict of Laws must be viewed from a different perspective. It does not
exist literally to create “conflicts”, but rather as a tool that will generate or
bring about creative ideas or laws that are in harmony with one another so
as to maintain peace and build a strong and progressive nation.

Conflicts of Law is not about conflicts at all. It is about challenges that a

state must undertake to reach its optimum level.

With all the rapid changes in the country, I believe that it is high time to
revisit our local laws especially the Civil Code which was primarily based on
Spanish influences and some laws which are derived from other nations such
as the America. Our laws must be overhauled and aligned in accordance with
our culture too so that Filipino Citizens can highly relate, assert and protect
their rights.

It might be possible that two states can never reconcile completely with one
another, but they can always meet half way. No win-lose situation but a win-
win one.