There is a legal problem involving a foreign element

There is either an application or non-application of foreign laws

Jurisdiction

The power of jurisdiction also implies that the court has the power to decide that it has on
jurisdiction.

Conflict of Laws

Private international law – a department of national law which arises from the fact that
there are different territorial jurisdiction with different laws.

Paras definition – that part of municipal law of the Philippines which directs its courts and
administrative agencies when confronted with a problem with a foreign element whether
or not to apply foreign law and what laws or foreign laws to apply.

It is mandatory in nature.

If there is a conflict between a local law and a foreign law, Philippine law always prevails.

Purpose:

To determine which country has jurisdiction

The applicability of the law
The determination of the force, validity of a judgment

The recognition of the judgment of another sovereignty is not a surrender of sovereignty

but an exercise of sovereignty to take recognition of that foreign judgment.

Sources of conflict of laws:

1. Direct – constitution, special treaties, conventions, judicial decisions, international
customs
2. Indirect – natural, moral law. Works of the writers, scholars, luminaries

Lex situs - place

Lex celebrationis – executed/made
Lex nationali – national law
Lex domicile – domicile

Territoriality -
Generality –

*in a new case, the court finds guilty a person committing adultery outside the Philippines