CONFLICTS OF LAWS; Definition:

1. 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).
2. 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).

DISTINGUISHED FROM PUBLIC INTERNATIONAL LAW

BASIS CONFLICT OF LAW LAW OF NATIONS

Nature Municipal in character International in character
1
Persons Dealt with by private Sovereign states and other
2involved individuals; governs individuals entities possessing international
in their private transactions personality, e.g., UN; governs
which involve a foreign states in their relationships
element amongst themselves
Transactions Private transactions between Generally affected by public
3involved private individuals interest; those in general are of
interest only to sovereign states
Remedies and Resort to municipal tribunals May be peaceful or forcible
4Sanctions
Peaceful: includes diplomatic
negotiation, tender & exercise
of good offices, mediation,
inquiry & conciliation,
arbitration, judicial settlement
by ICJ, reference to regional
agencies

Forcible: includes severance of

diplomatic relations, retorsions,
reprisals, embargo, boycott,
non-intercourse, pacific
blockades, collective measures
under the UN Charter, and war.

SOURCES:

Direct:

1. Constitutions

2. Codifications

1. Special Laws
2. Treaties and Conventions
3. Judicial Decisions
4. International Customs

Indirect:

1. Natural moral law

1. Work of writers

TERMS:

Lex Domicilii – law of the domicile; in conflicts, the law of one’s domicile applied in
the choice of law 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)

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 contract is to be governed (place of performance) which may
or may not be the same as that of the place 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 question of real estate law can be affected only by the law of
the place where it is situated

Lex Situs – law of the place where property is situated; the general rule is that
lands and other immovables are governed by the law of the state where they are
situated

Lex Loci Actus – law of the place where the act was done

Lex Loci Celebrationis – law of the place where the contract is made

Lex Loci Solutionis – law of the place of solution; the law of the place where
payment or performance of a contract is to be made

Lex Loci Delicti Commissi – law of the place where the crime took place

Lex Mereatoria – law merchant; commercial law; that system of laws which is
adopted by all commercial nations and constitute as part of the law of the land;
part of common law

Lex Non Scripta – the unwritten common law, which includes general and
particular customs and particular local laws

Lex Patriae – national law

Renvoi Doctrine – doctrine whereby a jural matter is presented which the conflict
of laws rules of the forum refer to a foreign law which in turn, refers the matter
back to the law of the forum or a third state. When 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.”

Nationality Theory – by virtue of which the status and capacity of an individual

are generally governed by the law of his nationality. This is principally adopted in
the RP

Domiciliary Theory – in general, the status, condition, rights, obligations, & capacity
of a person should be governed by the law of his domicile.

Long Arm Statutes – Statutes allowing the courts to exercise jurisdiction when
there are minimum contacts between the non-resident defendant and the forum.

WAYS OF DEALING WITH A CONFLICTS PROBLEM:

1. 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

1. Assume jurisdiction and apply either the law of the forum or of another
state
 1. i. A specific law of the forum decrees that internal law should
apply

1. 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:

 Article. 16 of the Civil Code – real and personal property subject to the law
of the country where they are situated and testamentary succession
governed by lex nationalii
 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
 Article 819 of the Civil Code – prohibits Filipinos from making joint wills even
if valid in foreign country

1. ii. The proper foreign law was not properly pleaded and proved

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 proved
 Effect of failure to plead and prove foreign law (3 alternatives) of the forum
court:

(a) Dismiss the case for inability to establish cause of action

(b) Assume that the foreign law of the same as the law of the forum

(c) Apply the law of the forum

1. The case falls under any of the exceptions to the application of foreign law

Exceptions to application of foreign law:

(a) The foreign law is contrary to the public policy of the forum

(b) The foreign law is procedural in nature

(c) The case involves issues related to property, real or personal (lex situs)

(d) The issue involved in the enforcement of foreign claim is fiscal or administrative

(e) The foreign law or judgment is contrary to good morals (contra bonos mores)

(f) The foreign law is penal in character

(g) When application of the foreign law may work undeniable injustice to the
citizens of the forum

(h) When application of the foreign law might endanger the vital interest of the
state

2. APPLY FOREIGN LAW – when properly pleaded and proved

THEORIES WHY FOREIGN LAW SHOULD BE GIVEN EFFECT

1. Theory of Comity – foreign law is applied because of its convenience &

because we want to give protection to our citizens, residents, & transients in
our land
2. Theory of Vested Rights – we seek to enforce not foreign law itself but the
rights that have been vested under such foreign law; an act done in another
 state may give rise to the existence of a right if the laws of that state crated
such right.
3. Theory of Local Law– adherents of this school of thought believe that we
apply foreign law not because it is foreign, but because our laws, by
applying similar rules, require us to do so; hence, it is as if the foreign law
has become part & parcel of our local law
4. Theory of Harmony of Laws – theorists here insist that in many cases we
have to apply the foreign laws so that wherever a case is decided, that is,
irrespective of the forum, the solution should be approximately the same;
thus, identical or similar solutions anywhere & everywhere. When the goal
is realized, there will be “harmony of laws”
5. Theory of Justice – the purpose of all laws, including Conflict of Laws, is the
dispensing of justice; if this can be attained in may cases applying the
proper foreign law, we must do so

Rules on Status in General

Factual Situation Point of Contact

Beginning of personality of natural National law of the child (Article 15, CC)
1person
Ways & effects of emancipation Same
2
Age of majority Same
3
Use of names and surnames Same
4
Use of titles of nobility Same
5
Absence Same
6
Presumptive death & survivorship Lex fori (Article 43, 390, 391, CC; Rule 131 §5
7 [jj], Rules of Court)

Rules on Marriage as a Contract

FACTUAL SITUATION POINT OF CONTACT

Between Filipinos Lex loci celebrationis is without
Celebrated prejudice to the exceptions under
Abroad Articles 25, 35 (1, 4, 5 & 6), 36, 37 & 38 of
the Family Code (bigamous &
incestuous marriages) & consular
marriages
Between Foreigners Lex loci celebrationis EXCEPT if the
marriage is:
1. Highly immoral (like
bigamous/ polygamous
marriages)

2. Universally considered
incestuous (between brother-
sister, and ascendants-
descendants)
Mixed Apply 1 (b) to uphold validity of
marriage
Between Foreigners National law (Article 21, FC)
Celebrated PROVIDED the marriage is not highly
in RP immoral or universally considered
incestuous)
Mixed National law of Filipino (otherwise
public policy may be militated
against)
 Marriage by proxy (NOTE: a Lex loci celebrationis (with prejudice
marriage by proxy is considered to the foregoing rules)
celebrated where the proxy
appears

Rules on Marriage as a Status

FACTUAL SITUATION POINT OF CONTACT

Personal rights & obligations between National of husband(Note: Effect of
1husband & wife subsequent change of nationality:
1. If both will have a new
nationality – the new one
2. If only one will change – the last
common nationality

3. If no common nationality –
nationality of husband at the
time of wedding)
Property relations bet husband & wife National law of husband without
2 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)
Successional rights National law of decedent (Article 16
Exceptions par. 2, CC)
Capacity to succeed National law of decedent (Article.
1039)
Contracts involving real property The law intended will be the proper
which do not deal with the title law of the contract (lex loci
thereto voluntantis or lex loci intentionis)
Contracts where the real property The principal contract (usually loan)
is given as security is governed by the proper law oft
the 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.
Tangible personal property (choses in possession)
In General Lex rei sitae (Article. 16, CC)
1
Exceptions: same as those for real EXCEPTION: same as those for real
property property EXCEPT that in the
example concerning mortgage, the
same must be changed to pledge of
personal property)
Means of Transportation
2Vessels Law of the flag (or in some cases,
place of registry)
 Other means
Things in transitu (these things have
3a changing status because they
move)
Loss, destruction, deterioration
Validity & effect of the seizure of
the goods
Disposition or alienage of the
goods
Law of the depot (storage place for
supplies or resting place)
Law of the destination (Article. 1753,
CC)
Locus regit actum (where seized) –
because said place is their
temporary situs
Lex loci volutantis or lex loci
intentionis – because here there is a
contract

FACTUAL SITUATION POINT OF CONTACT

INTANGIBLE PERSONAL PROPERTY (CHOSES
IN ACTION)
Recovery of debts or involuntary Where debtor may be effectively
1assignment of debts (garnishment) served with summons (usually the
domicile)
Voluntary assignment of debts Lex loci voluntatis or lex loci intentionis
2 (proper law of the contract)
Other Theories:
1. National law of the debtor or creditor
2. Domicile of the debtor or creditor
3. Lex loci celebrationis

4. Lex loci solutionis

Taxation of debts Domicile of creditor
3
Administration of debts Lex situs of assets of the debtor (for
4 these assets can be held liable for the
debts)
Negotiability or non-negotiability of an The right embodied in the instrument
5instrument (for example, in the case of a Swedish
bill of exchange, Swedish law
determines its negotiability)
Validity of transfer, delivery or In general, situs of the instrument at
6negotiation of the instrument the time of transfer, delivery or
negotiation
Effect on a corporation of the sale of Law of the place incorporation
7corporate shares
Effect between the parties of the sale Lex loci voluntatis or lex loci intentionis
8of corporate shares (proper law of the contract) – for this is
really a contract; usually this is the
place where the certificate is delivered)
Taxation on the dividends of corporate Law of the place of incorporation
9shares
Taxation on the income from the sale Law of the place where the sale was
10of corporate shares consummated
Franchises Law of the place that granted them
11
Goodwill of the business & taxation Law of the place where the business is
12 thereto carried on
Patents, copyrights, trademarks, trade In the absence of a treaty, they are
13names protected only by the state that
granted them.
NOTE: foreigners may sue for
 infringement of trademarks and trade
names in the RP ONLY IF Filipinos are
granted reciprocal concessions in the
state of the foreigners

Wills, Succession & Administration of Conflict Rules

FACTUAL SITUATION POINT OF CONTACT

Extrinsic Validity of Wills
Made by an alien abroad Lex nationalii OR lex domicilii OR RP
1 law (Article 816, CC), OR lex loci
celebrationis (Article 17(1))
Made by a Filipino abroad Lex nationalii OR lex loci celebrationis
2 (Article 815)
Made by an alien in the RP Lex nationalii OR lex loci celebrationis
3 (Article 817)

FACTUAL SITUATION POINT OF CONTACT

Extrinsic Validity of Joint Wills (made in the
same instrument)
Made by Filipinos abroad Lex nationalii (void, even if valid
1 where made) (Article 819)
Made by aliens abroad Valid if valid according to lex domicilii
2 or lex loci celebrationis (Article 819)
Made by aliens in the RP Lex loci celebrationis therefore void
3 even if apparently allowed by Article
817 because the prohibition on joint
wills is a clear expression of public
policy
Intrinsic Validity of Wills Lex nationalii of the deceased –
regardless of the LOCATION & NATURE
of the property (Article 16 (2))
Capacity to Succeed Lex nationalii of the deceased – not of
the heir (Article 1039)
Revocation of Wills
If done in the RP Lex loci actus (of the revocation)
1 (Article. 829)
If done OUTSIDE the RP
2 1. By a NON-DOMICILIARY Lex loci celebrationis (of the making of
the will, NOT revocation), OR lex
domicilii (Article 829)
1. By a DOMICILIARY of the RP Lex domicilii (RP law) OR lex loci actus
(of the revocation) (Article 17)
Probate of Wills Made Abroad
If not yet probated abroad Lex fori of the RP applies as to the
1 procedural aspects, i.e., the will must be
fully probated here & due execution
must be shown
If already probated abroad Lex fori of the RP again applies as to
2 the procedural aspects; must also be
probated here, but instead of proving
due execution, generally it is enough to
ask for the enforcement here of the
foreign judgment on the probate
abroad
Executors and Administrators
 Where appointed Place where domiciled at death or
1 incase of non-domiciliary, where assets
are found
Powers Co-extensive with the qualifying of the
2 appointing court – powers may only
be exercised within the territorial
jurisdiction of the court
concernedNOTE: these rules also apply
to principal, domiciliary, or ancillary
administrators & receivers even in non-
successive cases

Rules on Obligation and Contracts

FACTUAL SITUATION POINT OF CONTACT

Formal or Extrinsic Validity Lex loci celebrationis (Article 17 {1})

Exceptions
1. Alienation & encumbrance of Lex situs (Article 16 [1])
property
1. Consular contracts Law of the RP (if made in RP
consulates)
Capacity of Contracting Parties National 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
Alienation & encumbrance of property Lex situs (Article 16 {1})
Intrinsic validity (including interpretation of Proper law of the contract – lex
the instruments, and amt. of damages for contractus (in the broad sense),
breach) meaning the lex voluntatis or lex loci
intentionis
Other Theories are:
1. Lex loci celebrationis (defect: this makes possible the evasion of the national
law)
2. Lex nationalii (defect: this may impede commercial transactions)
3. Lex loci solutionis (law of the place of performance) (defect: there may be
several places of performance
4. Prof Minor’s solution:
5. Perfection – lex loci celebrationis
6. Cause or consideration – lex loci considerations

7. Performance – lex loci solutionis (defect: this theory combines the defect of
the others)

Rules on Torts

FACTUAL SITUATION POINT OF CONTACT

Liability & damages for torts in
generalNOTE: The locus delicti (place of
commission of torts) is faced by the
problem of characterization. In civil law
countries, the locus delicti is generally
where the act began; in common law
countries, it is where the act first became
effective
Lex loci delicti (law of the place where
the delict was committed)NOTE: liability
for foreign torts may be enforced in the
RP if:
1. The tort is not penal in character
2. If the enforcement of the tortious
liability won’t contravene our
public policy

3. If our judicial machinery is

adequate for such enforcement

Rules on Crimes
 FACTUAL SITUATION POINT OF CONTACT
Essential elements of a crime and penalties Generally where committed (locus regit
actum)
Theories as to what court has jurisdiction:
1. Territoriality theory – where the crime was committed
2. Nationality theory – country which the criminal is citizen or a subject
3. Real theory – any state whose penal code has been violated has jurisdiction,
where the crime was committed inside or outside its territory
4. Protective theory – any state whose national interests may be jeopardized
has jurisdiction so that it may protect itself
5. Cosmopolitan or universality theory – state where the criminal is found or
which has his custody has jurisdiction
6. Passive personality theory – the state of which the victim is a citizen or
subject has jurisdiction

NOTE: In the RP, we follow the territoriality theory in general; exception: Article 2,
RPC, stresses the protective theory
The locus delicti of certain crimes
Frustrated an consummated, homicide, Where the victim was injured (not
1murder, infanticide & parricide where the aggressor wielded his
weapon)
Attempted homicide, etc. Where the intended victim was (not
2 where the aggressor was situated) – so
long as the weapon or the bullet either
touched him or fell inside the territory
where he was
Bigamy Where the illegal marriage was
3 performed
Theft & robbery Where the property was unlawfully
4 taken from the victim (not the place to
which the criminal went after the
commission of the crime)
Estafa or swindling thru false Where the object of the crime was
5 representation received (not where the false
representations were made)
Conspiracy to commit treason, Where the conspiracy was formed (not
6 rebellion, or sedition NOTE: Other where the overt act of treason,
conspiracies are NOT penalized by our rebellion or sedition was committed)
laws
Libel Where published or circulated
7
Continuing crime Any place where the offense begins,
8 exists or continues
Complex crime Any place where any of the essential
9 elements of the crime took place

Rules on Juridical Persons

FACTUAL SITUATION POINT OF CONTACT

Corporations
Powers and liabilities General rule: the law of the place of
incorporationEXCEPTIONS:
1. For constitutional purposes –
even of the corporation was
incorporated in the RP, it is nor
deemed a Filipino corporation &
therefore can’t acquire land,
exploit our natural resources, 7
operate public utilities unless 60%
of capital if Filipino owned

2. For wartime purposes – we

 pierce the corporation veil & go
to the nationality of the
controlling stockholders to
determine if the corporation is
an enemy (CONTROL TEST)
Formation of the corporation Law of the place of incorporation
(requisites); kind of stocks, transfer of
stocks to bind the corporation,
issuance, amount & legality &
dividends, powers & duties of
members, stockholders and officers
Validity of corporate acts & contracts Law of the place of incorporation &
(including ultra vires acts) law of the place of performance (the
act or contract must be authorized by
BOTH laws)
Right to sue & amenability to court Lex fori
processes & suits against it
Manner & effect of dissolution Law of the place of incorporation
provided that the public policy of the
forum is not militated against
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:
1. Law of the place of incorporation (this is generally the RP rule)
2. Law of the place or center of management (center for administration or
siege social) (center office principle)

3. Law of the place of exploitation (exploitation centre or siege d’

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