CONFLICT OF LAWS Concept of Conflict of Laws as a subject Also known as the Study of International Law misleading because far

ar from the literal meaning of private international law. Conflict of law is a municipal law. It is not an international law. Conflict of law is part of the municipal law which directs the forum when confronted with a problem involving a foreign element to either apply the foreign law or local law in arriving at a decision in issues posed in the problem. For conflict of law to e ist! these elements are re"uired #. $here has to be a foreign element %. $here must be a conflict as to the application of the foreign law and the local law &hen is there a foreign element' $here is a foreign element when the problem presented before the forum involves a fact! event or occurrence which took place in two or more state and this fact! event or occurrence is affected by the different laws e isting in the two or more state or countries. (ven if there is a foreign element! if the element of conflict is not present! conflict of law will not apply. $hus! not all factual situation involving foreign element is validly classified as a conflict of law situation because of the absence of conflict of law element. ( ample of provisions on conflict of laws in our country Article #) *CC Laws relating to family rights and duties! or to the status! condition and legal capacity of persons are binding upon citi+ens of the ,hilippines! even though living abroad. -*ationality theory that governs status and capacity of persons Article #. *CC / 0eal property as well as personal property is sub1ect to the law of the country where it is stipulated. 2owever! intestate and testamentary successions! both with respect to the order of succession and to the amount of successional rights and to the intrinsic validity of testamentary provisions! shall be regulated by the national law of the person whose succession is under consideration! whatever may be the nature of the property and regardless of the country wherein said property may be found. -$his includes capacity to receive -*ational law of the person whose succession is under consideration nationality theory on succession Article #3 *CC. $he forms and solemnities of contracts! wills! and other public instruments shall be governed by the laws of the country in which they are e ecuted. -Le loci celebraciones Article %. FC / Art. %.. All marriages solemni+ed outside the ,hilippines! in accordance with the laws in force in the country where they were solemni+ed! and valid there as such! shall also be valid in this country! e cept those prohibited under Articles 4) 5#6! 576! 5)6 and 5.6! 4.! 43 and 48. 5#3a6
Conflict of Law Discussion of Atty. Torregosa

&here a marriage between a Filipino citi+en and a foreigner is validly celebrated and a divorce is thereafter validly obtained abroad by the alien spouse capacitating him or her to remarry! the Filipino spouse shall have capacity to remarry under ,hilippine law. Article 89 FC / Art. 89. In the absence of a contrary stipulation in a marriage settlement! the property relations of the spouses shall be governed by ,hilippine laws! regardless of the place of the celebration of the marriage and their residence. $his rule shall not apply: 5#6 &here both spouses are aliens; 5%6 &ith respect to the e trinsic validity of contracts affecting property not situated in the ,hilippines and e ecuted in the country where the property is located; and 546 &ith respect to the e trinsic validity of contracts entered into in the ,hilippines but affecting property situated in a foreign country whose laws re"uire different formalities for its e trinsic validity. C<=SA 0ule liability for loss or deterioration of cargo in transitu is governed by the law of the place of destination Corporation Code Foreign Corporations are governed by law of the place where they are organi+ed or situated ,rovision of e ecution of 1oint wills >oint wills whether e ecuted abroad or in the ,hils is prohibited $wo parts of conflict of law situation #. Factual situation refers to the event! fact! transaction or occurrence. 0aises the legal problem %. Connecting point or point of contact provides for the solution. 0efer to the matter on whether to apply the local law or foreign law. In making the solution! the court is called upon to make the choice of law! whether to apply the foreign law or municipal law on the matter. ?efore the court determine which law is to be applied or make the choice of law! it shall deal first of the matter of whether it is to take cogni+ance of the case 2ow does the forum deal with conflict of law situation' #. @etermine whether it has 1urisdiction to take cogni+ance of the case 1urisdiction is ascertained by applying the law of the forum %. If the court determines that it has no 1urisdiction! the forum court has to dismiss the action. @ismissal of action is mandatory for lack of 1urisdiction ?ut it the court determines that it has 1urisdiction! it may decide to assume or take cogni+ance of the action or it may dismiss the action on ground of forum non/ conveniens. @ismissal of the action on ground of forum non/conveniens is discretionary on the courts. ?ut discretion is to be e ercised reasonably. @ismissal must be 1ustified. >ustification includes a. when the witnesses! evidence are not available before the forum b. when the court determines that it has no sufficient resources to take cogni+ance of the case and provide relief for the parties c. when there is forum shopping when the parties before filing the case in the forum! either parties had filed a case in the other forum. $he second forum may dismiss it on grounds of forum shopping 4. Categori+e the issue and the factual problem involved. In determining choice of law! the rule provides the remedy of characteri+ation. Characteri+ation is the process where the court assigns the particular fact! event or transaction involved
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in the dispute! its correct category such as whether the issue involves status or capacity! contracts! torts! marriage! succession! etc. Characteri+ation is an essential re"uirement before a court can appropriately make a choice of law. Choice of law is determined by applying the internal law of the forum. ,rinciples / ?asic instances when the local law is to be applied in the given conflict of law situations a. the application of local law is decreed by own internal law. Apply internal law. ( . Conflict law situation involving a property situated in the ,hils! our conflict of rule provision provides that real or personal property is sub1ect to the law of the place where they are situated. Since the property is situated in the ,hils.! apply ,hil law ( . &hen a Filipino is dies living properties situated all over the world. $he issue on succession is determined by ,hils law because Art #. provides that it shall be governed by the national law of the decedent and the deceased is a Filipino so ,hil law applies. ( . Article 89 FC ,roperty regimes of spouses pertaining to Filipinos whether they are residing elsewhere shall be governed by ,hil law b. In instances where the proper applicable foreign law is not properly pleaded and proved the court of the forum determined that foreign law is applicable but the parties failed to plead and prove the fact of the foreign law. &e do not take cogni+ance over such foreign law unless pleaded and proved. Ander the doctrine of processual presumption! it is presumed that the unproved foreign law is the same as our internal law! so we may use our internal law c. &hen the case fall under any of the e ceptions to the application of foreign law. Instances when foreign law cannot be applied c.# when the application of the foreign law would run counter to the fundamental policy of the forum prohibition on our courts from recogni+ing divorce because divorce is against our public policy. @ivorce is not acknowledge in the ,hils if obtained by a Filipino spouse. If one of the spouses is an alien and he obtains a divorce outside the ,hils and valid there! the Filipino spouse is capacitated to remarry! thus recogni+ing the validity of the divorce c.% when the application of the foreign law is against the universally considered principles of morality as when there is a law of a foreign country that legali+es prostitution or adultery! it cannot be recogni+ed in the ,hils. ( . If a foreign country legali+es prostitution or adultery! even if valid in such country is not valid in the ,hilippines because it is against public policy. c.7 when the foreign law is penal in nature in criminal case! the principle of territoriality governs. $he place of the commission of the crime has 1urisdiction of the case. c.). Foreign law involves fiscal! ta or administrative laws we do not have interest as to the internal affair of the foreign country. It is not acknowledge and enforced in our 1urisdiction. c.7 Application of foreign law would work in1ustice to Filipino citi+en
Conflict of Law Discussion of Atty. Torregosa

c.) Application of foreign law is inimical to the security and national interest of the forum =0 : Laws are emanates from the sovereign authority that promulgates it such that as a general rule law should be coterminous with the territory of the state which promulgated it. It cannot be enforced outside it general 1urisdiction. ?ut there are theories that 1ustifies the enforcement of a foreign law or 1udgment in the forum court $heory of Comity as a member of the Family of nations! each country owes courtesy and respect to the laws of the other country. ,hil rules adopts the same. 0ule 4B of the Civil ,rocedure Foreign 1udgment is prima facie evidence of the rights and obligations of the parties. &e acknowledge foreign 1udgment rendered by foreign courts. $heory of Cested 0ight / when a right has accrued it can be enforced in any other state. &hat is enforced is not the law in which such right accrued but the right which accrued in that state. $heory of Local Law the forum court applies the foreign law because applying its own rule it is re"uired to apply foreign law. Such that the forum court applies its local law and not the foreign law. $heory of 2armonial Law for purposes of practical convenience! laws should be harmoni+ed! there should be oneness or uniformity of laws for purposes of convenience. ,rinciple of nationality applies to all citi+ens wherever he may be governing his status and capacity $heory of >ustice if the application of foreign law will promote 1ustice then let it be because 1ustice is the paramount consideration of the courts. It is not a derogation of the sovereignty of the foreign court C$aracteri%ation ,roblem of process of characteri+ation : It is possible that the characteri+ation of a certain fact or transaction between states may differ. 0esolution of the court of the forum on this matter #. if there is a conflict forum court applies it own characteri+ation Case : Foreigner spouse inherited all the properties of a Filipina wife of a marriage consecrated in the ,hils. According to the foreign law! if the spouse dies! the surviving spouse ac"uires the property of the decedent by right of accretion. Characteri+ation of how the husband ac"uires the property is property relation. $he ac"uisition under own internal law is by way of succession. Conflict of characteri+ation basis of ac"uisition of the property Ander ,hilippine law! the property is sub1ect to estate ta . !roble& encountere' in &a(ing a c$oice of law ,roblem encountered in making the choice of law renvoi 0envoi means refer back or return. Issue is tossed back and forth between the law of the forum and the law of the foreign country ( . &hen conflict of law issue involves status and capacity. Ander ,hil law! it is govern by nationality rule. If the issue involves a foreigner! our law refers the case back to the country of his citi+enship. Applying the internal law of the foreign! the
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matter on status and capacity is referred back to the forum because it adopt the principle of domiciliary theory. 0esolution of renvoi Forum court may decide to re1ect the renvoi. Insist the application of the foreign law because the forum courtDs internal law says so. $he act of re1ecting the renvoi is 1ustified by the theory that when our own conflict of laws rule makes a reference to the rule of law of the foreign country! that law there refers to the internal law of the foreign country. ( . A 0ussian died in the ,hils leaving properties in the ,hils. An intestate proceeding is initiated in the ,hil court and the property is divided between the surviving child and wife of the 0ussian. Ander the internal law of 0ussia! wife is not entitled to inherent. Ander ,hil law on matter of succession! we apply the law of the decedent! which is the nationality law. @oes it mean the internal law of 0ussia on succession or the entire body of rules in 0ussia including its own conflict of laws rule. It is possible that the conflict rule of 0ussia provide that capacity to inherit is governed by the law of the place where the property is located. $he issue on capacity of wife to inherit is referred back to the ,hils. ?ut under our law! it is the nationality rule that shall apply. In the first resolution! if the court re1ects the renvoi! the court adopts a position that the law referred to in our own internal conflict of law rules as referring to the rule of 0ussia! refers to the internal law of 0ussia specifically the rule on succession. Such that the rule of 0ussia on succession! the wife cannot inherit. $he forum court applies the foreign law. Forum court may accept the renvoi. &hen the issue is referred back! the forum will accept it and apply its own internal law! it is 1ustified by the theory that if our conflict of rule law makes reference to a foreign law. $his refer to the entire body of law e isting in 0ussia including their own conflict of laws rule! which states that the law of the place where the property is situated shall govern the rules on succession and capacity to inherit. Such that the Filipino wife can now inherit. ( . Applied in case of Christensen $heory of @esistment mutual disclaimer. $he forum law chooses not to acknowledge and apply the foreign law even if our conflict of laws rule allows on the case of application of foreign law. In such case! our internal law is applied. Foreign court theory the forum court will do what the foreign court will do if faced with the same problem.

C$oice of Law *is a *is +arious categories Status and Capacity Status and capacity is governed by nationality theory Article #) *CC Status is the place in community consisting of marital status! capacity to inherit! capacity to enter male or female! paternity or filiation! professions! names! se ! age! etc. apply the nationality rule Article #) categorically states that it shall apply to Filipinos living in the ,hils or abroad. $hus! it only means that it applies only to Filipino citi+ens! but several SC decisions applies Article #) to several foreigners. Such that status and capacity of foreign persons which involves conflict of law rule raised in our own court! is to be determined based on the law of his country of nationality. *otwithstanding contrary provision in Art #).
Conflict of Law Discussion of Atty. Torregosa

Capacity is part of status. 0efers to legal capacity or capacity to act. 4 Eost accepted theories in determining the personal status of an individual #. nationality theory by the law of country %. domiciliary theory law of residence / 4. situs or eccleptic theory law of the place where the important elements of the factual event is accomplished or took place. ( . All marriages celebrated outside the ,hils which is valid there is valid in the ,hils. A manifestation of our own adoption of the eccleptic theory Earriage of Filipino spouses in AS. If valid there! it is valid here. Factual events took place in AS. &e adopt the nationality theory. @etermination as to who are citi+ens is governed by the country concerned. $he problem of dual citi+enship is not possible from the viewpoint of the country concerned. ( . If the "uestion is who are the citi+ens of the ,hilippines! there is no problem because as far as the ,hils is concerned! there are no dual citi+ens. Insofar as ,hil law is concerned! he is either a Filipino citi+en or not. ,roblem of dual citi+enship arises only from the viewpoint of a third state. 2ow does the third state where the action is brought determines citi+enship of parties involved for purposes of nationality theory 5similar to citi+enship6 #. If the person involved is both a domicile and national of the same country! he is a national of such country ( . @ual citi+en in the sense that under American law! he is an American citi+en but in the ,hilippines! he is also a citi+en and a domicile! he is a Filipino citi+en insofar as third state is concerned. %. If the person involved is a citi+en of the ,hils and domicile of the third state! apply the rule of both national law and domicile law as far as the rules that are not in conflict or inconsistent of each other but insofar as they are inconsistent with each other! apply the rule of place of where he is a domicile Stateless persons he is not a national of any state. $he rule is that he is considered a national of the place where he is domiciled. If he has no permanent domicile! it shall be his temporary domicile or wherever he may be found. Foreign wife married to Filipino husband 4 cases particularly addresses this "uestion #. ?orca case Sc said! she does not automatically become a Filipino national! such foreign wife must undergo the re"uired process of naturali+ation. %. Eoya Lim Fao overturned the ?orca case SC said! she is ipso facto a Filipino national provided she does not possess any dis"ualifications of under own our laws 4. @omingo case SC said! there is no such things as automatic citi+enship. Eost recent ruling. *o automatic Filipino citi+enship accorded to foreign spouse. ?ut the rule on naturali+ation is less stringent because of administrative naturali+ation. Contracts 4 Components of a contract #. ( trinsic validity %. Intrinsic validity 4. Capacity of contracting parties
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 ( trinsic validity of contract ,hil 1urisdiction adheres to the principle of le loci celebraciones article #3 *CC place where the contract is e ecuted Article #3 *CC. $he forms and solemnities of contracts! wills! and other public instruments shall be governed by the laws of the country in which they are e ecuted. %. ,ossess a problem if the acceptance of the offer is made in one state! however! the offer was made in another state 4. 0esolution in *CC place of e ecution should refers to the place where the offer was made article #4#B! % *CC (GC to le loci celebraciones #. where the place of e ecution of the contract is merely casual or incidental apply the law of the / a. place intended by the parties le loci intentiones b. place presumed or voluntarily intended by the parties le loci voluntatis %. when the contract involves property because it is governed by the place where the property is located! whether it is a real or personal property. If a property is involved! all aspects of a contract is governed by the le situs rule or le rei sitae 4. when the case falls under any of the instances where the application of a foreign law is prohibited Intrinsic validity of contracts 4 possible laws that could govern these matters #. law of place where the contract was e ecuted or the place of the making of the contract %. law of the place where the contract is to be performed or to be effective 4. law of the place intended by the parties ,hil conflict of law rules do not provide specific provision governing intrinsic validity of contracts because Art #3 speaks only of e trinsic validity of contracts which is le loci celebraciones but under the law on obligations and contracts 5#49B6! it states that parties to the contract may establish the terms and conditions of the contract provided that it is not contrary to laws! morals! public policy and good customs. $his espouses the liberality of contracts principles in our laws. Intention of the code insofar as intrinsic aspect is to give effect to the intention of the parties! liberality of the parties. Intrinsic validity is governed by the law of the place intended by the parties as embodied in the choice of law clause in the contract. Intrinsic validity is e pressly agreed upon in the contract. If contract is silent as to the choice of law! the forum court has to determine the law which the parties presumed to have agreed upon by the parties! using the principle of most significant relationship. Applying this principle! the forum court determines place of negotiation! place of e ecution! place of performance! location of the sub1ect matter of the contract. $aking consideration of all these aspect the court will come up with a determination as to what law is presumed to have been intended by the parties. If the supposed intention of the parties could not be ascertained using the most significant relationship rule! the rule of the place where the contract is likely to be given effect because it is that in our 1urisdiction! it endeavors to give effect to the intention of the parties. Contracting parties may stipulate the law with which the intrinsic validity of the contract is to be govern but it is sub1ect to the limitations
Conflict of Law Discussion of Atty. Torregosa

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they cannot stipulate a law that has no relation at all to the parties or the sub1ect matter of their transactions involved in the contract reasonableness the choice of law is inimical to the interest of the forum

Capacity to contract governed by the national law of the contracting parties art #) *CC (GC a. when the contract involves real or personal property law applicable is le rei sitae H applies to title! ownership and interest of the property involved! or encumbrance or disposition of property I b. when in a contract! a real estate is given as a security for the fulfillment of a principal obligation! such as loan as to loan! it is governed by the ordinary law on contract which is the national law but the security which is the mortgage which involves an encumbrance of the property! it is governed by the law of the place where the property is situated. Critici+ed as not good to commerce. Conflicts rule on special (in's of contracts ,roblem List of contracts! determine which law governs Contract involving sale! donation! mortgage determine which law governs =0 : 0eal or personal property! all aspects governed by le rei sitae Contract of employment rules on ordinary contract ( trinsic le loci celebraciones Intrinsic le loci intentiones Capacity to contract national law $ransaction is service but payment is property transaction does not result to issue on title of property because it is a result of the contract. ( ample to an e emption on application of le rei sitae Filipino engaged the services of a >apanese to do landscaping involving land properties. It is a contract involving real property because it is sub1ect matter. $his is not a situation on properties but of service because property is merely incidental to the contract of service. Contract of lease special rule if the lease contract is one that creates the real right! either the lease contract is more than # year or less than one year but it registered! le rei sitae should govern. <therwise! it is an ordinary contract. C<=SA rule contract of transportation is generally a contract of service but if C<=SA applies the limitation of liability under C<=SA rule shall apply. If contract involves international air transportation! provisions on &arsaw convention applies on limiting liability of carrier but it does not apply id carrier is guilty of fraud! negligence! etc. C$oice of law on conflict of law rules on property =0 : ,roperty! whether real or personal is governed by le rei sitae. All aspect! e trinsic! intrinsic and capacity (GC #. when the property is sub1ect or intertwined on issue on succession. ( . @ispute involves inheritance involving properties in the ,hils and contending parties are the heir. $he dispute involves issue on real property but it is
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essentially an issue on succession. 0ule on le rei sitae does not apply. Law on succession and successional rights is governed by the nationality of the decedent. when properties are involved but are only incidental to the transaction.

Le rei sitae rule does not pose a problem if the property involved has a fi ed status. Apply the law of the country where it is situtated. If the situs is not fi ed but moving 5personal property6! % kinds #. choses in possession moving or changing situs e ample vessels 5see enumeration6 %. intangible personal property such as shares of stocks! goodwill! franchise no material status constructive situs governs 5see enumeration6 if it is public vessel! governed by the law of the flag. If private or commercial! law of the registry. =oods in transitu! liability of loss! determination of damage of goods in transitu! determined by law of the place of destination Wills an' Succession Issue on "uestion or validity of a will % aspects #. ( trinsic validity %. Intrinsic validity ( trinsic validity It deals with the forms and solemnities including age and capacity of persons to make a will. In ordinary contracts! capacity to make or enter into a contract is a separate and distinct on the issue of validity of contracts. Contracts has 4 components! intrinsic! e trinsic and capacity to contract. In wills and succession! the capacity of a person to make a will is not treated differently unlike in contract. $he capacity of a person including his age is included in the e trinsic validity of the will. Applying the first paragraph of Art #3 *CC! the capacity of the testator to make a will is governed by le loci celebraciones because it is part of e trinsic validity. Conflict rules on e trinsic validity of the will Article #3 *CC. $he forms and solemnities of contracts! wills! and other public instruments shall be governed by the laws of the country in which they are e ecuted. Le loci celebraciones is the general rule. Cariations of a rule depending on a. whether the testator is a Filipino or foreigner b. whether the will is e ecuted inside or outside the ,hils &ill e ecuted by a foreigner abroad =overning rule it is valid in the ,hils! if / #. It is e ecuted in accordance with the law of the place where he is a national le nationali. Legal basis Article 8#. *CC / $he will of an alien who is abroad produces effect in the ,hilippines if made with the formalities prescribed by the law of the place in which he resides! or according to the formalities observed in his country! or in conformity with those which this Code prescribes. %. It is e ecuted in accordance with the law of the place where the testator is domiciled legal basis : Article 8#. *CC
Conflict of Law Discussion of Atty. Torregosa

It is e ecuted in accordance with ,hil laws legal basis Article 8#. *CC and the general rule on le loci celebraciones &ill e ecuted by a foreigner in the ,hils =overning rule Article 8#3 *CC / A will made in the ,hilippines by a citi+en or sub1ect of another country! which is e ecuted in accordance with the law of the country of which he is a citi+en or sub1ect! and which might be proved and allowed by the law of his own country! shall have the same effect as if e ecuted according to the laws of the ,hilippines. le nationalii or le loci celebraciones #. It is e ecuted in accordance with the law of the country in which he is a citi+en %. It is in accordance with ,hil laws le loci celebraciones on Article #3! # *CC &ill e ecuted by Filipino abroad / =overning rule #. Le loci celebraciones Art #3 and Art 8#) *CC 5no other law6 ?ut does it mean that the will e ecuted by a Filipino abroad in accordance with ,hil law invalid' According to $olentino! Article #3 and 8#) is not intended by the code to mean that a will e ecuted by a Filipino citi+en abroad is invalid. ?asis is implication on Art #3 and 8#) of *CC. $he code commission did not intend to place Filipino citi+ens who e ecuted wills abroad in a worst situation than an alien who e ecuted a will abroad. So that by implication! a Filipino citi+en who e ecuted a will abroad in accordance with ,hil laws may follow ,hil law insofar as e trinsic re"uirements are concerned for e trinsic validity. %. Le nationalii if valid in accordance with ,hil law &ill e ecuted by Filipino in the ,hils le loci celebraciones ( trinsic validity of a will is based on the law in force at the time the will is e ecuted.

4.

Intrinsic Calidity It deals with #. order of succession / preferences %. amount of successional rights 4. validity of testamentary disposition law in force at the time of death not at the time of e ecution of the will unlike in e trinsic validity governed by Article #.! % *CC / 2owever! intestate and testamentary successions! 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 be the nature of the property and regardless of the country wherein said property may be found. national of the decedent 7. capacity of the heir to inherit Art #94B of *CC / Capacity to succeed is governed by the law of the nation of the decedent. Conflict rules on /oint wills @epends on whether the persons making the will are Filipino or foreigner! whether it is e ecuted inside or outside the ,hils >oint &ills e ecuted by a Filipino! either abroad or in the ,hils C<I@ because it is against public policy
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>oint &ills e ecuted by foreigners abroad valid if e ecuted in accordance with national law of the parties 5le nationalii6! le domicilii! le loci celebraciones >oint wills e ecuted by foreigners in the ,hils Coid against public policy

Is same se marriage valid in the ,hils is valid abroad' Fes. ?ecause of le loci celebraciones and it is not covered under any of the e ceptions. Ei ed marriage e ecuted abroad valid in ,hils if valid in the place where it is e ecuted le loci celebraciones valid in accordance with ,hil law because under Art #)! the status of a Filipino is binding wherever he is located ( . Age of ma1ority in the country where the marriage was solemni+ed is #.! based on foreign law! marriage is valid. In the ,hils it is valid but not with respect to the Filipino spouse! in accordance with Article #) #. %. Ei ed marriage entered into in the ,hils le loci celebraciones but the capacity of the foreign spouse is governed by the national law Art %# of FC / &hen either or both of the contracting parties are citi+ens of a foreign country! it shall be necessary for them before a marriage license can be obtained! to submit a certificate of legal capacity to contract marriage! issued by their respective diplomatic or consular officials. ?oth foreigners contracting marriage in the ,hils le loci celebraciones but capacity to contract marriage should be governed by their national law.

Conflict rules on probate an' a'&inistration of wills Ander our rules! for a will to be given effect! it has to pass the process of probate where the will is authenticated before the court. If probated and approved by court! administration of the will follows / #. =overned by the law of the forum because it is procedural le forae. %. All other aspects! governed by national law of deceased 1arriage ( trinsic Calidity and Intrinsic Article #) *CC does not provide for e trinsic rule on marriage as contracts because marriage is both a special contract and a status Article #3 *CC does not talk about marriage e pressly. Conflict rule on marriage does not revolves around Art #) and #3 *CC but Article %.FC / All marriages solemni+ed outside the ,hilippines! in accordance with the laws in force in the country where they were solemni+ed! and valid there as such! shall also be valid in this country! e cept those prohibited under Articles 4) 5#6! 576! 5)6 and 5.6! 4.! 43 and 48. e cept those e ecuted before ,hil consulate which is deemed as an e tension to ,hil territory so le loci celebraciones governs! void by reason of psychological incapacity! incestuous! and against public policy. &here a marriage between a Filipino citi+en and a foreigner is validly celebrated and a divorce is thereafter validly obtained abroad by the alien spouse capacitating him or her to remarry! the Filipino spouse shall have capacity to remarry under ,hilippine law. Article %. does not distinguish intrinsic or e trinsic validity schools of thought #. Le loci celebraciones Earriage entered into between Filipinos abroad =overning rule Le loci celebraciones (GC a. e ecuted before ,hil consulate b. e emptions under par %! Art %. FC Earriage e ecuted between foreigners abroad =overning rule le loci celebraciones @oes e ception under Art %.! % on invalidity apply' *ot applicable because they are domestic laws applicable only to Filipinos and not applicable to marriage of foreigners entered into abroad! (GC if it is a universally incestuous marriage! such as marriage between mother and son! brothers and sisters! father and daughter
Conflict of Law Discussion of Atty. Torregosa

Agpalo : Article %. applies only to e trinsic validity of marriage because the intrinsic aspect of marriage is governed by national law because the e ception applies to status and capacity. !ersonal an' property relations of parties ?oth are governed by ,hil law basis article 89 and Art #) ,ersonal relationship Article #) *CC on family rights and duties; duty of spouses ,roperty relation property regimes! administration ,hil law applies Article 89 applies if at least one of the spouses if a Filipino. Applies even if the spouses are residing outside the ,hils or even if their marriage is e ecuted abroad. 0egardless of place of e ecution or residence! ,hil law governs Art. 80. In the absence of a contrary stipulation in a marriage settlement, the property relations of the spouses shall be governed by Philippine laws, regardless of the place of the celebration of the marriage and their residence. This rule shall not apply: !" #here both spouses are aliens$ %" #ith respect to the e&trinsic validity of contracts affecting property not situated in the Philippines and e&ecuted in the country where the property is located$ and '" #ith respect to the e&trinsic validity of contracts entered into in the Philippines but affecting property situated in a foreign country whose laws re(uire different formalities for its e&trinsic validity. Conflict rule on Torts In ,hil 1urisdiction! we adopt hybrid definition of torts. A combination of Spanish and (nglish concepts of $orts.
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Spanish Article %#3. / &hoever by act or omission causes damage to another! there being fault or negligence! is obliged to pay for the damage done. Such fault or negligence! if there is no pre/e isting contractual relation between the parties! is called a "uasi/delict and is governed by the provisions of this Chapter. JAASI/@(LIC$ essence is fault or negligence Article %9 and %# *CC Intentional $orts Art. %9. (very person who! contrary to law! wilfully or negligently causes damage to another! shall indemnify the latter for the same. Art. %#. Any person who wilfully causes loss or in1ury to another in a manner that is contrary to morals! good customs or public policy shall compensate the latter for the damage. Conflict rule $ort or liability arising from tort is governed by the law of the place where the tort was committed le loci delicti commisi *o problem if the tortuous act is a single act or a serious of act occurring in the same state ,roblem &hen the tort consists of continuing acts which passed through several states or when the element of the act began in one state and completed in another state where in1ury is sustained. Le loci delicti commisi is determined through $heories : #. Civil Law $heory espouses the notion that le loci delicti commisi is the place where the tortious act began %. Common Law $heory where the tortious act became effective which the place where the in1ury was sustained 4. $heory of @r. 0abel place which has the most significant relationship to the wrongful act ( . ?roadcaster where the broadcast was made regardless of where it is heard Eodel $heories in determining liability of tort #. $heory of the State having the most significant relationship applied in Saudi Arabian Airlines %. Interest analysis approaches espouses the theory that the State having an interest in the sub1ect matter of the case should be preferred than the other state having the less or no interest at all. ?asis of principle on forum non/ conveniens if you are the forum and the forum is not at all interested in the suit because the parties are not its citi+ens! acts are committed outside its territory! the forum has no interest in the controversy. Applying the interest analysis approach! the court of the forum has the discretion to dismiss the case on grounds of forum non conveniens 4. JaverDs ,rinciple of ,reference the forum court should apply the law of the other state which is more beneficial to the party in1ured. As when the law of the other state provides higher standard of care or financial compensation! the court of the forum ought to apply the foreign law. apply which is more beneficial Special 3ules on 1ariti&e Torts $ort committed onboard a merchant or private vessel law of the flag Collision cases and the colliding vessel are of same state law of registry Collision cases and colliding vessel are from different states apply the consistent laws
Conflict of Law Discussion of Atty. Torregosa

Collision cases and colliding vessel from different states! different laws apply the law as understood by the forum court $ort committed outside the ,hilippines! can it be enforced before the ,hil courts' Fes. ,rovided that our ,hil courts can ac"uire 1urisdiction on the person of the defendant. Apply the rules on 1urisdiction over the defendant provided these conditions are met $he tortious acts are not penal in nature! otherwise! conflict rule of crime applies territoriality (nforcement should not contravene public policy of the forum >udicial machinery should be ade"uate to enforce foreign torts All aspects on procedure relative to the enforcement of the foreign tort in the ,hils are governed by ,hil law because it is procedural. All substantive aspects including rule on prescription! kind and measure of damages that can be recovered and the defenses that may be interposed by the defendant and other matters as to substance of controversy governed by the law of the place where the tort is committed.

#. %. 4.

!OINT43S %9K / ob1ectives enumerations! what are the instances when foreign law cannot be applied! discussion on principles such as what is borrowing statute! caduciary rights'' &hat'' <n will and succession right of the state to claim the estate where there is no heir! process of characteri+ation! forum non conveniens 89K / problem solving Article #)! #.! #3 *CC! %. FC! 89 FC! 8#) 8#3 *CC! 0ules on e trinsic and intrinsic and capacity I&portant Articles Ci*il Co'e

Art. #). Laws relating to family rights and duties! or to the status! condition and legal capacity of persons are binding upon citi+ens of the ,hilippines! even though living abroad. 5Ba6 Art. #.. 0eal property as well as personal property is sub1ect to the law of the country where it is stipulated. 2owever! intestate and testamentary successions! 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 be the nature of the property and regardless of the country wherein said property may be found. 5#9a6

SC College of Law!age 5 of #

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Art. #3. $he forms and solemnities of contracts! wills! and other public instruments shall be governed by the laws of the country in which they are e ecuted. &hen the acts referred to are e ecuted before the diplomatic or consular officials of the 0epublic of the ,hilippines in a foreign country! the solemnities established by ,hilippine laws shall be observed in their e ecution. ,rohibitive laws concerning persons! their acts or property! and those which have! for their ob1ect! public order! public policy and good customs shall not be rendered ineffective by laws or 1udgments promulgated! or by determinations or conventions agreed upon in a foreign country. 5##a6 Art. #4#B. Consent is manifested by the meeting of the offer and the acceptance upon the thing and the cause which are to constitute the contract. $he offer must be certain and the acceptance absolute. A "ualified acceptance constitutes a counter/offer. Acceptance made by letter or telegram does not bind the offerer e cept from the time it came to his knowledge. $he contract! in such a case! is presumed to have been entered into in the place where the offer was made. Article %#3. / &hoever by act or omission causes damage to another! there being fault or negligence! is obliged to pay for the damage done. Such fault or negligence! if there is no pre/e isting contractual relation between the parties! is called a "uasi/delict and is governed by the provisions of this Chapter. Art. %9. (very person who! contrary to law! wilfully or negligently causes damage to another! shall indemnify the latter for the same. Art. %#. Any person who wilfully causes loss or in1ury to another in a manner that is contrary to morals! good customs or public policy shall compensate the latter for the damage. Fa&ily Co'e

5%6 $hose solemni+ed by any person not legally authori+ed to perform marriages; 546 $hose solemni+ed without a marriage license! save marriages of e ceptional character; 576 ?igamous or polygamous marriages not falling under Article 84! *umber %; 5)6 Incestuous marriages mentioned in Article 8#; 5.6 $hose where one or both contracting parties have been found guilty of the killing of the spouse of either of them; 536 $hose between stepbrothers and stepsisters and other marriages specified in Article 8%. 5n6 Art. 4). $he following marriages shall be void from the beginning: 5#6 $hose contracted by any party below eighteen years of age even with the consent of parents or guardians; 576 $hose bigamous or polygamous marriages not failing under Article 7#; 5)6 $hose contracted through mistake of one contracting party as to the identity of the other; and 5.6 $hose subse"uent marriages that are void under Article )4. Art. 4.. A marriage contracted by any party who! at the time of the celebration! was psychologically incapacitated to comply with the essential marital obligations of marriage! shall likewise be void even if such incapacity becomes manifest only after its solemni+ation. 5As amended by ( ecutive <rder %%36 Art. 43. Earriages between the following are incestuous and void from the beginning! whether relationship between the parties be legitimate or illegitimate: 5#6 ?etween ascendants and descendants of any degree; and 5%6 ?etween brothers and sisters! whether of the full or half blood. 58#a6 Art. 48. $he following marriages shall be void from the beginning for reasons of public policy: 5#6 ?etween collateral blood relatives whether legitimate or illegitimate! up to the fourth civil degree;
SC College of Law!age 6 of #

Art. %.. All marriages solemni+ed outside the ,hilippines! in accordance with the laws in force in the country where they were solemni+ed! and valid there as such! shall also be valid in this country! e cept those prohibited under Articles 4) 5#6! 576! 5)6 and 5.6! 4.43 and 48. 5#3a6 &here a marriage between a Filipino citi+en and a foreigner is validly celebrated and a divorce is thereafter validly obtained abroad by the alien spouse capacitating him or her to remarry! the Filipino spouse shall have capacity to remarry under ,hilippine law. Art. 89. $he following marriages shall be void from the beginning: 5#6 $hose contracted under the ages of si teen and fourteen years by the male and female respectively! even with the consent of the parents;
Conflict of Law Discussion of Atty. Torregosa

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5%6 ?etween step/parents and step/children; 546 ?etween parents/in/law and children/in/law; 576 ?etween the adopting parent and the adopted child; 5)6 ?etween the surviving spouse of the adopting parent and the adopted child; 5.6 ?etween the surviving spouse of the adopted child and the adopter; 536 ?etween an adopted child and a legitimate child of the adopter; 586 ?etween adopted children of the same adopter; and 5B6 ?etween parties where one! with the intention to marry the other! killed that other personLs spouse! or his or her own spouse. 58%6

Conflict of Law Discussion of Atty. Torregosa

SC College of Law!age # of #

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