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Conflict of laws

Saudi- points of contacts (familiarize)


Choice of applicable law- GENERAL RULE: Parties are free to stipulate as to the applicable foreign law to
govern their dispute arising from the contract.

Even if the conflict of rule directs the application of foreign= will not apply if thhere is a local policy in conflict
with such foreign law (Del Soccoro case, and Bank of America case, Aznar case, Velez case)

Agreement of the parties – cadalin


-prescriptive period – did not allow the agreement of the parties because it contravenes a public policy in the our
laws

Traditional view of foregin law is not applied in the forum because:


1. when its enforcement would run counter to some important public policy of the forum(cadalin case)
2. where its application would lead to an infringement of good morality in the wider sense of the term, as
understood in the forum (example: slavery)
3. where the foreign law is penal in nature (all penal laws are only enforceable in your territorial
jurisdication general rule)
4. when the FL is procedural in nature (lex fori)
5. when the quesiton relates to an immovable property in the forum
6. when the FL is fiscal or administrative in nature
7. when the application of the foreign law involves injustice or injury to the nationals or residence of the
forum
8. when the application of FL would endanger the foregn relations or vital interests of the states

Lex Fori
-on matters of proceedures= governed by the law of the forum
-purpose: convenience and practicability
-what are these matters

Whether an issue is subtantive or proceedural?


-prescription= sub or proc because it is sui generis
-Government Interest Analysis - the law of the country whose interest is most impaired by failure
to apply its statute should be applied (this is a subject rule- there is no fixed formula)
-immaterial if =there is a burrowing statute (act 190 section 48) but in the cadalin case this
provision has not been repealed (The rule on characterization does not apply where the country in which the
case is filed has a borrowing law which states that if the cause of action in the country where the cause arose has
prescribed, it will also be considered as having prescribed in our country even when local law has a longer period of
prescription)

Center of gravity doctrine


-saudia case
-overal harm was done in the Phillipines
-the delict happened in the Philippines -she was deceived here
-labor- even if the choosen law is the law of the foreign country, the same will not be given effect if it contravene
to the public policy of the country
-"Choice of law problems in conflict of law are resolved by the application of the law of the jurisdiction- which has
the most significant relationship to or contact with event and parties to litigation and the issue therein)

To prove foreign laws


1. allege and
2. prove
**To be recognized by Philippine courts, foreign laws and judgments must be alleged and proved.
How do you allege? Wildvalley Shipping -state in the pleading and its existence
How to prove a foreign law(a written law)? Sto Tomas vs Corpus/z
1. present an official publication
2. authenticated by the officer having the legal custody of the record, or by his deputy,
3. and accompanied with a certificate that such officer has custody must be made by a
secretary of the embassy or legation, consul general, consul, vice consul, or consular agent
or by any officer in the foreign service of the Philippines stationed in the foreign country in
which the record is kept ( Authenticated by his seal of office)
-Section 24 and 25 rule 132

how about unwritted law?


With respect to unwritten law, the oral testimony of expert witnesses is admissible, as are printed and public books of
reports of decisions of the courts of the country concerned if proved to be commonly admitted in such court.
A mere xerox copy of the foreign law, or a foreign document, even if duly identified by a knowledgeable person from
the foreign country, is not sufficient to prove the foreign law
-but first you need to prove his expertise

Exceptions
-the rules of authentication as provided for in Section 24 of Rule 132 do not apply to administrative proceedings
before administrative tribunals, where the technical rules of procedure and evidence are not applicable (Norse
Management CP)
-so long as the cardinal rules of due process are observed. The foreign document may be admitted in evidence, even
without such authentication, where the adverse party has copy of the document, who could easily verify its
authenticity and accuracy
-administrative agency task to resolve certain matters (they are not bound by strict technical requirements of the rules
of court)
-when the other party did not object
-when the court is familiar
-the court has actual knowledge of such law

Case
1. Manufacturers Hanover Trust vs Guerrero
2. EDI-staff Builders vs NLRC

What if the foreign law is not properly proven?


-apply the doctrine of processual presumption(1)
-or dissmiss the case (2)

Dacasin vs Dacasin
-can Philippine court acquire jurisdiction of their agreement?

crtic of the processual presumption → Michiano vs Brimo