CONFLICTS OF LAWS; Definition​: Lex Domicilii​ – law of the domicile; in conflicts, the law of one’s domicile applied in the

cilii​ – law of the domicile; in conflicts, the law of one’s domicile applied in the choice of law
That part of the law of each state or nation which determines whether, in dealing with a legal situation, the
law or some other state or nation will be recognized, given effect, or applied (16 Am Jur, 2d, Conflict of Laws,
§1).
That part of municipal law of a state which directs its courts and administrative agencies, when confronted
with a legal problem involving a foreign element, whether or not they should apply a foreign law/s (Paras).
questions
Lex Fori​ – law of the forum; that is, the positive law of the state, country or jurisdiction of whose judicial
system of the court where the suit is brought or remedy is sought is an integral part. Substantive rights are
determined by the law where the action arose (​lex loci​) while the procedural rights are governed by the law
of the place of the forum (​lex fori​)

DISTINGUISHED FROM PUBLIC INTERNATIONAL LAW Lex Loci​ – law of the place
Lex Loci Contractus​ – the law of the place where the contract was made or law of the place where the
BASIS CONFLICT OF LAW LAW OF NATIONS
contract is to be governed (place of performance) which may or may not be the same as that of the place
1 Nature Municipal in character International in character where it was made
Lex Loci Rei Sitae​ – law of the place where the thing or subject matter is situated; the title to realty or
2 Persons Dealt with by private Sovereign states and other entities possessing
question of real estate law can be affected only by the law of the place where it is situated
involved individuals; governs individuals international personality, e.g., UN; governs states
in their private transactions in their relationships amongst themselves Lex Situs​ – law of the place where property is situated; the general rule is that lands and other immovables
which involve a foreign element are governed by the law of the state where they are situated
3 Transactions Private transactions between Generally affected by public interest; those in Lex Loci Actus ​ – law of the place where the act was done
involved private individuals general are of interest only to sovereign states
Lex Loci Celebrationis​ – law of the place where the contract is made
4 Remedies and Resort to municipal tribunals May be peaceful or forcible
Sanctions Lex Loci Solutionis​ – law of the place of solution; the law of the place where payment or performance of a
Peaceful​: includes diplomatic negotiation, tender
contract is to be made
& exercise of good offices, mediation, inquiry &
conciliation, arbitration, judicial settlement by ICJ, Lex Loci Delicti Commissi​ – law of the place where the crime took place
reference to regional agencies Lex Mereatoria​ – law merchant; commercial law; that system of laws which is adopted by all commercial
Forcible​: includes severance of diplomatic nations and constitute as part of the law of the land; part of common law
relations, retorsions, reprisals, embargo, boycott, Lex Non Scripta​ – the unwritten common law, which includes general and particular customs and particular
non-intercourse, pacific blockades, collective local laws
measures under the UN Charter, and war.
Lex Patriae ​ – national law
SOURCES:
Renvoi Doctrine​ – doctrine whereby a jural matter is presented which the conflict of laws rules of the forum
Direct: refer to a foreign law which in turn, refers the matter back to the law of the forum or a third state. When
1. Constitutions reference is made back to the law of the forum, this is said to be “remission” while reference to a third state
is called “transmission.”
2. Codifications
Nationality Theory​ ​–​ by virtue of which the status and capacity of an individual are generally governed by
Special Laws
the law of his nationality. This is principally adopted in the RP
Treaties and Conventions
Domiciliary Theory​ – in general, the status, condition, rights, obligations, & capacity of a person should be
Judicial Decisions governed by the law of his domicile.
International Customs Long Arm Statutes​ – Statutes allowing the courts to exercise jurisdiction when there are minimum contacts
Indirect: between the non-resident defendant and the forum.

1. Natural moral law WAYS OF DEALING WITH A CONFLICTS PROBLEM:

Work of writers Dismiss the case for lack of jurisdiction, or on the ground of forum non-conveniens
DOCTRINE OF FORUM ​NON CONVENIENS​ – the forum is inconvenient; the ends of justice would be best
served by trial in another forum; the controversy may be more suitably tried elsewhere
Assume jurisdiction and apply either the law of the forum or of another state
i. A specific law of the forum decrees that internal law should apply
TERMS:
APPLY INTERNAL LAW​ – forum law should be applied whenever there is good reason to do so; there is a
good reason when any one of the following factors is present:
Examples: Rules on Status in General
Article. 16 of the Civil Code – real and personal property subject to the law of the country where they are Factual Situation Point of Contact
situated and testamentary succession governed by ​lex nationalii
1 Beginning of personality of natural person National law of the child (Article 15, CC)
Article 829 of the Civil Code – makes revocation done outside Philippines valid according to law of the place
where will was made or ​lex domicilii 2 Ways & effects of emancipation Same
Article 819 of the Civil Code – prohibits Filipinos from making joint wills even if valid in foreign country
3 Age of majority Same
ii. The proper foreign law was not properly pleaded and proved
4 Use of names and surnames Same
NOTICE AND PROOF OF FOREIGN LAW
As a general rule, courts do not take judicial notice of foreign laws; Foreign laws must be pleaded and 5 Use of titles of nobility Same
proved
6 Absence Same
Effect of failure to plead and prove foreign law (3 alternatives) of the forum court:
7 Presumptive death & survivorship Lex fori​ (Article 43, 390, 391, CC; Rule 131
(a) Dismiss the case for inability to establish cause of action
§5 [jj], Rules of Court)
(b) Assume that the foreign law of the same as the law of the forum
(c) Apply the law of the forum Rules on Marriage as a Contract
The case falls under any of the exceptions to the application of foreign law FACTUAL SITUATION POINT OF CONTACT
Exceptions to application of foreign law:
(a) The foreign law is contrary to the public policy of the forum Celebrated Abroad Between Filipinos Lex loci celebrationis​ is without prejudice to
(b) The foreign law is procedural in nature the exceptions under Articles 25, 35 (1, 4, 5
& 6), 36, 37 & 38 of the Family Code
(c) The case involves issues related to property, real or personal (lex situs)
(bigamous & incestuous marriages) &
(d) The issue involved in the enforcement of foreign claim is fiscal or administrative consular marriages
(e) The foreign law or judgment is contrary to good morals (​contra bonos mores​) Between Foreigners ​Lex loci celebrationis
​EXCEPT ​if the marriage is:
(f) The foreign law is penal in character
1) Highly immoral (like bigamous/
(g) When application of the foreign law may work undeniable injustice to the citizens of the forum
polygamous marriages)
(h) When application of the foreign law might endanger the vital interest of the state 2) Universally considered incestuous
APPLY FOREIGN LAW – ​when properly pleaded and proved (between brother-sister, and
ascendants-descendants)
THEORIES WHY FOREIGN LAW SHOULD BE GIVEN EFFECT
Mixed Apply 1 (b) to uphold the validity of marriage
​ because we want to give ​protection
Theory of Comity​ – foreign law is applied because of its ​convenience &
to our citizens, residents, & transients in our land Celebrated in RP Between Foreigners National law (Article 21, FC) PROVIDED the
Theory of Vested Rights​ – we seek to enforce not foreign law itself but the rights that have been vested marriage is not highly immoral or universally
under such foreign law; an act done in another state may give rise to the existence of a right if the laws of considered incestuous)
that state crated such right. Mixed National law of Filipino (otherwise public
Theory of Local Law​– adherents of this school of thought believe that we apply foreign law not because it is policy may be militated against)
foreign, but because our laws, by applying similar rules, require us to do so; hence, it is as if the foreign law Marriage by proxy (​Lex loci celebrationis​ (with prejudice to the
has become part & parcel of our local law NOTE​: a marriage by foregoing rules)
proxy is considered
Theory of Harmony of Laws​ – theorists here insist that in many cases we have to apply the foreign laws so
celebrated where the
that wherever a case is decided, that is, irrespective of the forum, the solution should be approximately the
proxy appears
same; thus, identical or similar solutions anywhere & everywhere. When the goal is realized, there will be
“harmony of laws”
Theory of Justice​ – the purpose of all laws, including Conflict of Laws, is the dispensing of justice; if this
Rules on Marriage as a Status
can be attained in may cases applying the proper foreign law, we must do so
 FACTUAL SITUATION POINT OF CONTACT
1 Personal rights & obligations between National of husband(​Note:​ Effect of subsequent
husband & wife change of nationality:
If both will have a new nationality – the new one
If only one will change – the last common
nationality
If no common nationality – nationality of
husband at the time of wedding)
2 Property relations bet husband & wife National law of husband without prejudice to
what the CC provides concerning REAL
property located in the RP (Article 80)
(​NOTE​: Change of nationality has NO
EFFECT. This is the ​DOCTRINE OF
IMMUTABILITY IN THE MATRIMONIAL
PROPERTY REGIME​)
Rules on Property
FACTUAL SITUATION POINT OF CONTACT
Real property Lex rei sitae​ (Article 16, CC)
Exceptions
Successional rights National law of decedent (Article 16 par. 2, CC)
Capacity to succeed National law of decedent (Article. 1039)
Contracts involving real property which do The law intended will be the proper law of the
not deal with the title thereto contract (​lex loci voluntantis ​or ​lex loci
intentionis)​
Contracts where the real property is given The principal contract (usually loan) is governed
as security by the proper law of tthe contract – (​lex loci
voluntatis​ or ​lex loci intentionis)​
NOTE​: the mortgage itself is governed by ​lex rei
sitae.​ There is a possibility that the principal
contract is valid but the mortgage is void; or it
may be the other way around. If the principal
contract is void, the mortgage will also be void
(for lack of proper cause or consideration),
although by itself, the mortgage could have been
valid.
Exceptions:​ same as those for real property​EXCEPTION​: same as those for real property EXCEPT that in
the example concerning mortgage, the same must be changed to pledge of personal property)
2 Means of Transportation
Vessels Law of the flag (or in some cases, place of registry)
Other means Law of the depot (storage place for supplies or
resting place)
3Things in ​transitu​ (these things have a changing status because they move)
Loss, destruction, deterioration Law of the destination (Article.
1753, CC)
Validity & effect of the seizure of the goods​Locus regit actum​ (where seized) – because said place is their
temporary ​situsD​ isposition or alienage of the goods​Lex loci volutantis​ or l​ ex loci intentionis​ – because here
there is a contract
FACTUAL SITUATION POINT OF CONTACT
INTANGIBLE PERSONAL
PROPERTY (CHOSES IN ACTION)
1 Recovery of debts or involuntary Where debtor may be effectively
assignment of debts served with summons (usually
(garnishment) the domicile)
2 Voluntary assignment of debts ​Lex loci voluntatis​ or l​ ex loci intentionis​ (proper law of
the contract)
Other Theories:
National law of the debtor or creditor
Domicile of the debtor or creditor
Lex loci celebrationis
Lex loci solutionis
3 Taxation of debts Domicile of creditor
4Administration of debts​Lex situs​ of assets of the debtor (for these assets can be held liable for the debts)
5 Negotiability or non-negotiability of The right embodied in the instrument (for example, in the
an instrument case of a Swedish bill of exchange, Swedish law determines
its negotiability)
6 Validity of transfer, delivery or In general, situs of the instrument at the time of transfer,
negotiation of the instrument delivery or negotiation
7 Effect on a corporation of the sale of Law of the place incorporation
corporate shares
8 Effect between the parties of the sale Lex loci voluntatis or lex loci intentionis (proper law of the
of corporate shares contract) – for this is really a contract; usually this is the
place where the certificate is delivered)
 9 Taxation on the dividends of Law of the place of incorporation 2 If done OUTSIDE the RP
corporate shares
10 Taxation on the income from the sale Law of the place where the sale was consummated
of corporate shares By a NON-DOMICILIARY​Lex loci celebrationis​ (of the making of the will, NOT revocation), OR ​lex domicilii
(Article 829)
11 Franchises Law of the place that granted them

12 Goodwill of the business & taxation Law of the place where the business is carried on By a DOMICILIARY of the RP​Lex domicilii​ (RP law) OR ​lex loci actus​ (of the revocation) (Article
thereto 17)
13Patents, copyrights, trademarks, trade namesIn the absence of a treaty, they are protected only by the Probate of Wills Made Abroad
state that granted them.
NOTE​: foreigners may sue for infringement of trademarks and trade names in the RP ONLY IF Filipinos 1If not yet probated abroad​Lex fori​ of the RP applies as to the procedural aspects, ​i.e.,​ the will must be
are granted reciprocal concessions in the state of the foreigners fully probated here & due execution must be shown
Wills, Succession & Administration of Conflict Rules
FACTUAL SITUATION POINT OF CONTACT 2If already probated abroad​Lex fori​ of the RP again applies as to the procedural aspects; must also be
probated here, but instead of proving due execution, generally it is enough to ask for the enforcement here
Extrinsic Validity of Wills of the foreign judgment on the probate abroad
Executors and Administrators
1Made by an alien abroad​Lex nationalii​ OR ​lex domicilii​ OR RP law (Article 816, CC), OR ​lex loci 1 Where appointed Place where domiciled at death
celebrationis​ (Article 17(1)) or incase of non-domiciliary,
where assets are found
2Made by a Filipino abroad​Lex nationalii​ OR ​lex loci celebrationis​ (Article
815) 2PowersCo-extensive with the qualifying of the appointing court – powers may only be exercised within the
territorial jurisdiction of the court concerned​NOTE:​ these rules also apply to principal, domiciliary, or
3Made by an alien in the RP​Lex nationalii​ OR ​lex loci celebrationis​ (Article ancillary administrators & receivers even in non-successive cases
817) Rules on Obligation and Contracts
FACTUAL SITUATION POINT OF CONTACT
FACTUAL SITUATION POINT OF CONTACT

Extrinsic Validity of Joint Wills (made in the same Formal or Extrinsic Validity ​Lex loci celebrationis ​(Article 17 {1})
instrument) Exceptions

1Made by Filipinos abroad​Lex nationalii​ (void, even if valid where made) (Article Alienation & encumbrance of property Lex situs (Article 16 [1])
819) Consular contracts Law of the RP (if made in RP consulates)

2Made by aliens abroadValid if valid according to ​lex domicilii​ or ​lex loci celebrationis​ (Article
819)
3Made by aliens in the RP​Lex loci celebrationis​ therefore void even if apparently allowed by Article 817
because the prohibition on joint wills is a clear expression of public policy
Capacity of Contracting PartiesNational law (Article 15) without prejudice to the case of Insular
Government v Frank 13 P 236, where the SC adhered to the theory of ​lex loci celebrationis
Exception

Intrinsic Validity of Wills​Lex nationalii​ of the deceased – regardless of the LOCATION & NATURE of the Alienation & encumbrance of property​Lex situs ​ (Article 16
property (Article 16 (2)) {1})

Capacity to Succeed​Lex nationalii​ of the deceased – not of the heir (Article 1039) Intrinsic validity (including interpretation of the instruments, and amt. of damages for breach)Proper law of
Revocation of Wills the contract – ​lex contractus​ (in the broad sense), meaning the ​lex voluntatis​ or ​lex loci intentionis
Other Theories are:
1If done in the RP​Lex loci actus​ (of the revocation) (Article. 829) Lex loci celebrationis​ (defect: this makes possible the evasion of the national law)
Lex nationalii​ (defect: this may impede commercial transactions) or the bullet either touched him or
Lex loci solutionis​ (law of the place of performance) (defect: there may be several places of performance fell inside the territory where he
was
Prof Minor’s solution:
3 Bigamy Where the illegal marriage was
Perfection – ​lex loci celebrationis performed
Cause or consideration – ​lex loci considerations 4 Theft & robbery Where the property was
unlawfully taken from the victim
Performance – ​lex loci solutionis​ (defect: this theory combines the defect of the others)
(not the place to which the
Rules on Torts criminal went after the
commission of the crime)
FACTUAL SITUATION POINT OF CONTACT
5 Estafa or swindling thru false Where the object of the crime was
Liability & damages for torts in general​NOTE:​ The ​locus delicti​ (place of commission of torts) is faced by the representation received (not where the false
problem of characterization. In civil law countries, the ​locus delicti​ is generally where the act began; in representations were made)
common law countries, it is where the act first became effective​Lex loci delicti​ (law of the place where the 6Conspiracy to commit treason, rebellion, or sedition​NOTE:​ Other conspiracies are NOT penalized by our
delict was committed)​NOTE​: liability for foreign torts may be enforced in the RP if: laws
The tort is not penal in character Where the conspiracy was formed (not where the overt act of treason,
If the enforcement of the tortious liability won’t contravene our public rebellion or sedition was committed)
policy 7 Libel Where published or circulated
If our judicial machinery is adequate for such enforcement 8 Continuing crime Any place where the offense
Rules on Crimes begins, exists or continues
9 Complex crime Any place where any of the
FACTUAL SITUATION POINT OF CONTACT
essential elements of the crime
took place
Essential elements of a crime and penalties ​Generally​ where committed ​(locus regit actum) Rules on Juridical Persons
Theories as to what court has jurisdiction: FACTUAL SITUATION POINT OF CONTACT
Territoriality theory – where the crime was committed
Corporations
Nationality theory – country which the criminal is citizen or a subject Powers and liabilities General rule: the law of the place of incorporation
Real theory – any state whose penal code has been violated has jurisdiction, where the crime was EXCEPTIONS​:
committed inside or outside its territory For constitutional purposes – even of the corporation was incorporated in the RP, it is nor deemed a
Protective theory – any state whose national interests may be jeopardized has jurisdiction so that it may Filipino corporation & therefore can’t acquire land, exploit our natural resources, 7 operate public utilities
protect itself unless 60% of capital if Filipino owned

Cosmopolitan or universality theory – state where the criminal is found or which has his custody has For wartime purposes – we pierce the corporation veil & go to the nationality of the controlling stockholders
jurisdiction to determine if the corporation is an enemy (CONTROL TEST)

Passive personality theory – the state of which the victim is a citizen or subject has jurisdiction Formation of the corporation (requisites); kind of stocks, Law of the place of incorporation
transfer of stocks to bind the corporation, issuance, amount
NOTE:​ In the RP, we follow the territoriality theory in general; exception: Article 2, RPC, stresses the & legality & dividends, powers & duties of members,
protective theory stockholders and officers
The ​locus delicti​ of certain crimes Validity of corporate acts & contracts (including ​ultra vires​ acts)
Law of the place of incorporation & law of the place of performance
1 Frustrated an consummated, Where the victim was injured (not (the act or contract must be authorized by BOTH laws)
homicide, murder, infanticide & where the aggressor wielded his
parricide weapon) Right to sue & amenability to court processes & suits against it​Lex fori
2 Attempted homicide, etc. Where the intended victim was Manner & effect of dissolution Law of the place of incorporation provided that the public
(not where the aggressor was policy of the forum is not militated against
situated) – so long as the weapon
 Domicile If not fixed by the law creating or recognizing the corporation
or by any other provision – the domicile is where it is legal
representation is established or where it exercises its
principal functions (Article. 15)
Receivers (appointment & powers) Principal receiver is appointed by the courts of the state of
incorporation; ancillary receivers, by the courts of any state
where the corporation has assets (authority is
CO-EXTENSIVE) w/ the authority of the appointing court
NOTE:​ Theories on the personal and/or governing law of corporations:
Law of the place of incorporation (this is generally the RP rule)
Law of the place or center of management (center for administration or siege social) (center office principle)
Law of the place of exploitation (​exploitation centre​ or s​ iege d’ exploitation)​

Partnerships
Foundations (combination of capital
independent of individuals, usually
not for profit)
The existence or non-existence
of legal personality of the firm;
the capacity to contract; liability
of the firm & the partners to 3​rd
persons
Creation of branches in the RP;
validity & effect of the branches’
commercial transaction; & the
jurisdiction of the court
Dissolution, winding up, &
termination of branches in the
RP
Domicile
Receivers
Personal law of the foundation (place of principal center of
administration)
The personal law of the
partnership, i.e., the law of the
place where it was created
(Article 15 of the Code of
Commerce) (Subject to the
exceptions given above as in the
case of corps.)
RP law (law of the place where
branches were created) (Article
15, Code of Commerce)
RP law (Article 15, Code of
Commerce)
If not fixed by the law creating or
recognizing the partnership or
by any other provision – the
domicile is where it is legal
representation is established or
where it exercises its principal
functions (Article. 15)
RP law insofar as the assets in
the RP are concerned can be
exercised as such only in the RP