Conflict of Laws Comprehensive Reviewer

Conflict of Laws Comprehensive reviewer of Sempio-Diy book
Chapter 1 ★ Constitutions
In General ★ Codifications and statutes
★ Judicial decisions
★ International customs
Conflict of Laws
2. Indirect sources
That part of the municipal law of a state which directs its
★ Natural moral law
courts and administrative agencies, when confronted with a
★ Writings and treaties of thinkers and
legal problem involving a foreign element, whether or not
famous writers
they should apply a foreign law or foreign laws
Conflict of laws case Chapter 2

Any case which involves facts occurring in more than one Jurisdiction and choice of law
state or nation, so that in deciding the case, it is necessary
to make a choice between the laws of different states or How one deals with a problem in Conflict of Laws
countries 1. First, determine whether the court has jurisdiction
over the case.
Note: Conflict of laws is NOT part of international law. ★ If it has no jurisdiction, the case should be
Although it is sometimes thought of as part of international dismissed
law because of the presence of a foreign element in a given ★ If it has jurisdiction, the court will
problem, it is not international law in character but is part of determine whether it should assume
the municipal law of each state. By municipal law in Conflict jurisdiction over the case or dismiss it on
of Laws is meant the internal or local law of each state. the ground of forum non conveniens
★ It is the law of the forum that determines
Conflict of laws vs. public international law whether the court has jurisdiction over the
case
Public Conflict of laws 2. It will next determine whether to apply the internal
International law of the forum or the proper foreign law
Law
Three kinds of jurisdiction
As to persons Governs Governs private
1. Jurisdiction over the subject matter
involved sovereign states individuals or
2. Jurisdiction over the person
and entities that corporations
3. Jurisdiction over the res
are
internationally
Jurisdiction over the subject matter
recognized or
★ Conferred by law
possessed of
★ Defined as the power to hear and determine cases
international
of the general class to which the proceedings in
personality
question belong
As to nature International in Municipal in ★ Cannot be conferred by consent of the parties or
character character by their voluntary submission
★ Must be invoked by filing the proper complaint or
As to Applies only to Deals with petition with the court.
transactions transactions in transactions
involved which only strictly private in Note: In the realm of Conflict of Laws, however, there
sovereign states nature in which is another element which the court must consider in
or entities with the country as determining the matter of jurisdiction ! the possible
international such has enforceability of its decision in foreign states, subject to
personality are generally no the rights of said states.
concerned and interest
which generally Jurisdiction over the person
affect public ★ The competence or power of a court to render a
interest judgment that will bind the parties involved
★ Jurisdiction over the plaintiff: Acquired the
As to remedies The concerned Recourse is had moment he invokes the power of the court by
applied states may first to judicial or instituting the action by the proper pleading
resort to peaceful administrative ★ Jurisdiction over the defendant: Acquired when
remedies. If tribunals in he enters his appearance or by the coercive power
these remedies accordance with of legal process exerted by the court over him !
fail, the states the rules of personal or substituted service of summons
concerned may procedure of the o EX: If appearance is for the sole purpose
resort to forcible country where of questioning the jurisdiction of the court.
remedies they sit
Note: Question of erroneous service of summons must
be raised before judgment is rendered, or this would be
Sources of Conflict of Laws
a case of waiver. Defective service may be cured by
1. Direct sources
actual receipt of summons or if in any other manner,
★ Treaties
knowledge of the existence of the case
★ International conventions
Lesley Claudio (A 2012) Page !1 of ! 26

Jurisdiction over the Res jurisdiction over the non-

★ Jurisdiction over the particular subject matter in resident defendant
controversy, regardless of the persons who may be
interested therein Extraterritorial service, how effected
★ The basis of the exercise of this jurisdiction is the By leave of court:
presence of the property within the territorial 1. By personal service
jurisdiction of the forum even though the court 2. By publication, but copy of the summons and the
may not have personal jurisdiction over the order of the court must be sent by registered mail
persons whose interests in the property are to the defendant’s last known address
affected 3. In any other manner that the court may deem
★ The purpose of the suit is not to impose a persona sufficient, e.g., by registered mail
liability on anyone but it is to affect the interests of
all persons in a thing.
Instances when court may refuse to exercise
jurisdiction over a case on the basis of forum non
Jurisdiction in personam Jurisdiction over the res conveniens
1. The evidence and the witnesses may not be readily
Binds only the parties and Binds the whole world
available in the forum
their successors in interest
2. The court dockets of the forum may already be
clogged so that to permit additional cases would
Actions quasi in rem hamper the speedy administration of justice
★ The purpose is neither to impose a personal liability 3. The belief that the matter can be better tried and
in a thing nor to affect the interests of all persons decided in another jurisdiction, either because the
in a thing, but to affect the interests of particular main aspects of the case transpired there or the
persons in a thing. material witnesses have their residence there
★ An action affecting the personal status of the 4. To curb the evils of “forum shopping” ! the non-
plaintiff is also classified as an action quasi in rem resident plaintiff might have filed the case in the
forum merely to secure procedural advantages or
Service of summons, how effected to annoy or harass the defendant
1. In actions in personam 5. The forum has no particular interest in the case !
(1) Personal service the parties not being citizens of the forum or are
(2) Substituted service residents elsewhere, or the subject matter of the
case evolved somewhere else
Note: Service by publication would NOT be 6. Other courts are open and the case may be better
sufficient tried in said courts
7. The inadequacy of the local judicial machinery for
2. Service by publication effectuating the right sought to be enforced by the
(1) Action in rem plaintiff
(2) Action quasi in rem 8. The difficulty of ascertaining the foreign law
(3) Action involves the personal status of applicable
plaintiff
Note: The doctrine should generally apply only if the
3. Extraterritorial service of summons defendant is a corporation. For if the defendant is an
(1) When the defendant does not reside and individual, the proper forum may not be able to acquire
is not found in the Philippines, and the jurisdiction over him, thus leaving the plaintiff without
action affects the personal status of the any remedy.
plaintiff
(2) When the defendant does not reside and Three instances when the forum has to apply the
is not found in the Philippines, and the internal or domestic law (lex fori) in deciding a case
action relates to or the subject of which is, in conflicts of law
property within the Philippines (real or 1. When the law of the forum expressly so provides in
personal), in which the defendant has a its conflicts rules
claim, a lien or interest, actual or 2. When the proper foreign law has not been properly
contingent pleaded and proved
(3) When the defendant is a non-resident but 3. When the case involves any of the exceptions to
the subject of the action is property the application of the proper foreign law (i.e.
located in the Philippines in which the exceptions to comity)
relief demanded consists in excluding the
defendant from any interest therein Why foreign law cannot be applied if it has not been
(4) When the property of a non-resident pleaded and proved
defendant has been attached in the Our courts cannot take judicial notice of foreign laws
Philippines
★ While a writ of attachment may How a foreign law is proved under our Rules of Court
be issued by the court, said 1. Written law
writ cannot be implemented (1) An official publication thereof
until the court has acquired (2) A copy of the law attested by the officer
having legal custody of the record or by

his deputy, accompanied by a certificate of ★ Our Civil Procedure still follows the
any Philippine embassy, consular, or principle of reciprocity because in
foreign service officer in the foreign Sec. 48, Rule 39, a foreign final
country where the record is kept, and judgment or order “is presumptive
authenticated by the seal of his office evidence of a right as between the
2. Unwritten law parties and their successors in
(1) The oral testimony of expert witnesses interest
(2) By printed and published books of reports
of decisions of the country involved if The vested-rights theory
proved to be commonly admitted in its Under this theory, our courts enforce not the foreign law or
courts foreign judgment but the right or rights that have been
vested under such law or judgment.
Processual presumption of law ★ Rights once acquired should be enforced regardless
This rule means that when the proper foreign law has not of where the suit for its enforcement was filed.
been properly proved, the court of the forum may presume
that said foreign law is the same as its local or domestic
law, which it can now apply
Theory of local law
Exceptions to the applications of a foreign law Under this theory, we apply a foreign law not because it is
1. When the application of the foreign law would run foreign, but because our own law by applying a similar rule
counter to a sound and established public policy of requires us to do so, hence it is as if the foreign law has
the forum become part of our own internal or domestic law.
2. When the foreign law is contrary to the almost
universally conceded principles of morality (contra Theory of harmony of laws
bonos mores) Under this theory, identical or similar problems should be
3. When the foreign law involves procedural matters given identical or similar solutions thus resulting in harmony
★ EX: When the law is both procedural and of laws
substantive
4. When the foreign law is penal in character Theory of justice
★ EX: A penal clause in a contract may Since the purpose of all laws, including Conflict of Laws, is
however be enforced here because such the dispensation of justice, the proper foreign law should be
clause is not criminal in nature but applied in order to attain this objective
provides only for liquidated damages ★ The defect of this theory, however, is that different
5. When the law is purely fiscal (i.e., revenue persons may have different ideas of what is just
producing) or administrative in nature
6. When the foreign law might work undeniable Note: No single theory contains the whole truth; no one
injustice to the citizens or residents of the forum approach is completely valid. All of the theories have
7. When the application of the foreign law would validity. This suggests that they are not entirely exclusive.
endanger the vital interests of the State
8. When the case involves real or personal property Chapter 4
located in our country Nature and composition of conflicts rules
Chapter 3 Purely internal provision of law vs. conflicts rule

Theories that justify the application of the foreign law
Purely internal provision Conflicts rule/ A
of law provision in conflict of
Theories that justify the application of the foreign law
laws
instead of domestic or internal law
1. Theory of comity Governs a domestic A provision found in our
2. Vested right theory problem, i.e., one without a own law which governs a
3. Theory of local law foreign element factual situation possessed
4. Theory of harmony of laws of a foreign element
5. Theory of justice
Example: Art. 796 ! All Example: Art. 16 ! Real
Theory of comity persons who are not property as well as personal
According to this theory, no foreign law would be allowed to expressly prohibited by law property is subject to the
operate in another state except by the comity of nations may make a will law of the country where it
is situated
Comity
The recognition which one state allows within its
territory, to the legislative, executive, or judicial acts of Two kinds of conflicts rules
another nation 1. One-sided rule
★ Indicates when Philippine law will apply
Two principles upon which the theory of comity ★ Example: Article 15 of the CC ! Laws
rests relating to family rights and duties, or to
1. The comity based on reciprocity the status, condition, and legal capacity of
2. The comity based on the persuasiveness of a persons, are binding upon citizens of the
foreign judgment Philippines even though living abroad

2. All-sided or multilateral rule Status vs. capacity

★ Indicates whether to apply the local law or
Status Capacity
the proper foreign law
★ Example: Art. 16 ! Real property as well Place of an individual in Only part of one’s status
as personal property is subject to the law society and consists of and may be defined as the
of the country where it is situated personal qualities and sum total of his rights and
relationships more or less obligations
Parts of every conflicts rule permanent, with which the
1. The factual situation – the set of facts or state and the community
situation presenting a conflicts problem because are concerned
there is a foreign element involved
2. The point of contact or connecting factor –
The law of the country with which the factual Two kinds of capacity
situation is most intimately connected 1. Juridical capacity
★ Passive capacity
Note: The first part raises while the second part ★ The fitness to be the subject of legal
answers a legal question relations
2. Capacity to act
★ Active capacity
★ The power to do acts with legal effects
Characteristics of status
Chapter 5 1. It is conferred principally by the State, not by the
Characterization of conflict rules individual
2. It is a matter of public interest or social interest
3. Being a concept of social order, it cannot easily be
Characterization
terminated at the mere will or desire of the parties
Otherwise known as “classification” or “qualification” is the
concerned
process of assigning a certain set of facts or factual
4. It is generally supposed to have a universal
situation to its proper or correct legal category. By
character
characterizing the legal problem, the court of the parties
involved reach the proper solution whether to apply the
local law or the proper foreign law
★ Most writers hold that on the grounds of practical
necessity and convenience, it is the forum or the
lex fori that should determine the problem’s
Different theories on how the personal law of an
characterization unless the result would be a clear
individual is determined
injustice
1. The nationality theory
★ Personal theory
Note: Modern trend is to consider prescriptive periods ★ The status and capacity of a person are
or Statute of Frauds that the parties had in mind at the
determined by the law of his nationality or
time the transaction took place
his national law
2. The domiciliary theory
★ By virtue of which the status and capacity
Chapter 6 of a person is determined by the law of his
Persona law – Theories in determining one’s personal domicile
law ★ Territorial theory
3. The situs or eclectic theory
Personal law. ★ Views the law of a particular place or situs
That which attaches to him wherever he may go. The law of an event or transaction as generally the
that generally governs his status, capacity, condition, family controlling law
relations, and the consequences of his actuations. It may
be: Note: The Philippines follows the nationality
1. National law theory.
2. Law of his domicile
3. Law of the situs

Nationality v. citizenship
Citizens of the Philippines under the 1987
Nationality Citizenship Constitution
1. Those who are citizens of the Philippines at the
Refers to membership in a A citizen is one who owes
time of the adoption of this Constitution
political community, one allegiance to and is entitled
2. Those whose fathers or mothers are citizens of the
that is personal and more to the protection of the
Philippines
or less permanent, not State
3. Those born before January 17, 1973, of Filipino
temporary.
mothers, who elect Philippine citizenship upon
In the field of Conflict of Laws, nationality and citizenship reaching the age of majority and
are the same 4. Those who are naturalized in accordance with law
Citizenship of a Filipino woman who marries a

foreigner
Chapter 7 Citizens of the Philippines who marry aliens shall retain their
The Nationality Theory citizenship unless by their act or omission they are deemed,
under the law, to have renounced their Philippine citizenship
Different kinds of citizenship in the Philippines (Article 4, Sec. 4, 1987 Constitution)
1. Natural born citizens
★ Those who are citizens from birth without Citizenship of an alien woman who marries a Filipino
having to perform any act to acquire or husband
perfect their Philippine citizenship Under Sec. 15 of the Revised Naturalization Law (Com. Act
No. 475), an alien woman marrying a Filipino, native-born
Native-born Filipinos or naturalized, becomes ipso facto a Filipino, provided she is
Those born in the Philippines. Natural-born not disqualified to be a citizen of the Philippines under Sec.
citizens may not be native-born if they were 4 of the same law.
born abroad ★ It is enough that an alien wife proves that she is
not disqualified to be a Filipino citizen not
2. Citizens by naturalization necessarily in court but even before an agency like
★ Those who were formerly aliens but by the Immigration Commission
judicial, legislative, or administrative
process, have become Filipino citizens Note: An alien woman married to an alien husband
who (the husband) is subsequently naturalized also
Jus soli v. jus sanguinis follows the Philippine citizenship of her husband,
provided she does not suffer from any of the
Jus soli Jus sanguinis disqualifications under Sec. 4 of the same Revised
Naturalization Law. This is a case of derivative
A person is a citizen of the It is citizenship by blood naturalization (similar to the minor children of a
country where he was born naturalized Filipino citizen)
or of the country of his ! This is the rule that we
birth follow in the Philippines Naturalization
The process of conferring on an alien the citizenship of
Note: Each country or state has the sole power and another country by any of the means provided by law.
authority to determine under its internal or municipal law
who are its citizens or nationals Modes of acquiring Philippine citizenship by
naturalization
Dual allegiance under Sec. 5, Article IV of the 1. Judicial process
Constitution ★ Com. Act No. 475 as amended by RA 530
The provision in the Constitution (dual allegiance of citizens 2. Legislative process
is inimical to national interest and shall be dealt with by ★ When Philippine citizenship is conferred by
law) is concerned not with dual citizenship per se but with a special act of Congress on deserving
naturalized citizens of the Philippines who still maintain their aliens
allegiance to the countries of their origin. 3. Administrative process
Effective nationality theory ★ RA 9139 or the Administrative
Within a third state, a person having more than one Naturalization Law of 2000
nationality shall be treated as if he had only one. Without ★ Under this law, a Special Committee on
prejudice to the application of its law in personal matters Naturalization is created, with the power
and of any conventions in force, a third state shall apply the to approve, deny, or reject applications for
nationalities which any such person possesses, recognize naturalization filed with said Committee
exclusively in its territory either the nationality of the
country in which he is habitually and principally a resident, Derivative naturalization
or the nationality of the country with which in the Philippine citizenship conferred on:
circumstances he appears to be in fact mostly connected 1. The wife of a naturalized husband
★ The law of the country of which the deceased was 2. The minor children of a naturalized father
both a citizen and a domiciliary at the time of her 3. The alien wife of a natural born or naturalized
death is considered more effectively connected to citizen, in the latter case, the marriage having
her than her other national law. taken place after the husband’s naturalization


Naturalization
Judicial naturalization under Com. Act. 475, Administrative naturalization under RA 9139
as amended or the Administrative Naturalization Law of
2000
Qualifications 1. The petitioner must not e less than 21 years 1. The applicant must be born in the Philippines
of age on the date of the hearing of the and residing therein since birth
petition 2. The applicant must not be less than 18 years of
2. He must have, as a rule, resided in the age, at the time of filing of his/her petition
Philippines for a continuous period of not less 3. The applicant must be of good moral character
than 10 years and believes in the underlying principles of the
3. He must be of good moral character, and Constitution and must have conducted himself/
believe in the principles underlying the herself in a proper and irreproachable manner
Philippine Constitution, and must have during his/her entire period of residence in the
conducted himself in a proper and Philippines in relation with the duly constituted
irreproachable manner during the entire government as well as with the community in
period of his residence in the Philippines in which he/she is living
his relation with the constituted government 4. The applicant must have received his/her
as well as with the community in which he is primary and secondary education in any public
living school or private education institution duly
4. He must own real estate in the Philippines recognized by the DECS, where Philippine
worth not less than 5,000, Philippine history, government, and civics are taught and
currency, or must have some lucrative trade, prescribed as part of the school curriculum and
profession, or occupation where enrollment is not limited to any race or
5. He must be able to speak and write English nationality: Provided, that should he/she have
or Spanish and any one of the principal minor children of school age, he/she must have
languages and enrolled them in similar schools.
6. He must have enrolled his minor children of 5. The applicant must have a known trade,
school in any of the public or private schools business, profession, or lawful occupation, from
recognized by the Bureau of Private Schools which he/she derives income sufficient for his/
where Philippine history, government, and her support and if he/she is married and/or has
civics are taught or prescribed as part of the dependents, also that of his/her family:
school curriculum during the entire period of Provided, however, that this shall not apply to
the residence required of him, prior to the applicants who are college degree holders but
hearing of his petition for naturalization as are unable to practice their profession because
citizen they are disqualified to do so by reason of their
citizenship
6. The applicant must be able to read, write, and
speak Filipino or any of the dialects of the
Philippines, and
7. The applicant must have mingled with the
Filipinos and evinced a sincere desire to learn
and embrace the customs, traditions, and
ideals of the Filipino people
Disqualifications 1. Those opposed to organized government or affiliated with any association of group of person who
uphold and teach doctrines opposing all organized governments
2. Those defending or teaching the necessity of or propriety of violence, personal assault or
assassination for the success or predominance of their ideas
3. Polygamists or believers in the practice of polygamy
4. Those convicted of crimes involving moral turpitude
5. Those suffering from mental alienation or incurable contagious disease
6. Those who, during the period of their residence in the Philippines, have not mingled socially with
Filipinos, or who have not evinced a sincere desire to learn and embrace the customs, traditions,
and ideals of the Filipinos
7. Citizens or subjects of nations with whom the Philippines is at war
8. Citizens or subjects of a foreign country whose laws do not grant Filipinos the right to be
naturalized citizens or subjects thereof

Loss of citizenship Domicile v. residence

Under Com. Act 63, as amended, a Filipino citizen may lose
Domicile Residence
his citizenship in any of the following ways:
1. By naturalization in a foreign country Denotes a fixed, permanent Used to indicate a place of
2. By express renunciation of citizenship residence to which, when abode, whether permanent
3. By subscribing an oath of allegiance to support the absent, one has the or temporary
constitution or laws of a foreign country upon intention of returning
attaining twenty-one years of age or more
4. By accepting commission in the military, naval, or Residence is not domicile, but domicile is residence
air service of a foreign country coupled with intention to remain for an unlimited time
5. By cancellation of the certificate of naturalization
6. By having been declared by competent authority, a
deserter of the Philippine armed forces in time of Domicile v. citizenship
war, unless subsequently a plenary pardon or Domicile Citizenship
amnesty has been granted; and
7. In case of a woman, upon her marriage to a Speaks of one’s permanent Indicates ties of allegiance
foreigner, if, by virtue of the laws in force in her place of abode and loyalty
husband’s country, she acquires his nationality
★ Under the 1987 Constitution, however, the A person may be a citizen or national of one sate and a
woman retains her Philippine citizenship domiciliary of another
unless by her act or omission she is
deemed under the law to have renounced
Note: The forum applies its own concept of domicile in
her Philippine citizenship
determining the domicile of a litigant before its courts (law
of the forum/lex fori, NOT national law, is the law that
Philippine citizenship, how reacquired
determines one’s domicile)
Under C.A. 63, as amended, Philippine citizenship may be
reacquired as follows:
Different kinds of domicile
1. By naturalization, provided the applicant possesses
1. Domicile of origin: The domicile assigned by law
none of the disqualifications
to a person at the moment of his birth
2. By repatriation of deserters of the Army, Navy, or
2. Constructive domicile or domicile by
Air Corps, Provided, that a woman who lost her
operation of law: The domicile assigned by law to
citizenship by reason of her marriage to an alien
a person after birth on account of a legal disability,
may be repatriated in accordance with the
like minority, insanity, imprisonment, etc.
provisions of this Act after the termination of the
3. Domicile of choice: The domicile of a person sui
marital status
juris because he has his home there and to which,
3. By direct act of Congress
whenever absent, he intends to return
RA 9225 – Citizenship Retention and Reacquisition
Principles regarding one’s domicile of choice
Act of 2003
1. No person can ever be without a domicile or every
Under this law, natural born Filipino citizens who had been
natural person must have a domicile
naturalized in foreign countries are deemed to have
2. A person cannot have two simultaneous domiciles
reacquired Philippine citizenship by taking an oath of
3. A natural person, free (not a prisoner) and sui juris
allegiance to the Philippine Constitution and laws. Those
(one of age and under no disability), can change
who become naturalized in foreign countries after the
his domicile at pleasure
effectivity of the Act retain their Philippine citizenship upon
4. A domicile, once acquired, is retained until a new
taking the same oath
one is gained
5. The presumption being in favor of the continuance
Chapter 8 of an existing domicile, the burden of proof is on
Domiciliary Theory the one who alleges that a change of domicile has
taken place
Domiciliary theory 6. To acquire a new domicile of choice, the following
It is the theory whereby the status, condition, family rights must concur:
and obligations, and capacity of a person are governed by (1) Residence or bodily presence in the new
the law of his domicile or the lex domicilii locality
(2) An intention to remain there (animus
Domicile manendi) and
It is the place where a person has his true, fixed, (3) An intention not to return to the former
permanent home, and principal establishment, and to abode (animus non revertendi)
which, whenever he is absent, he has the intention of
returning.
★ Art. 50 of the CC: For the exercise of civil rights
and fulfillment of civil obligations, the domicile of
natural persons is the place of their habitual
residence

Rules determining one’s domicile of origin Rules determining one’s constructive domicile
If the child is legitimate His domicile of origin is that

of his parents at the time of
his birth
If parents are separated,

the domicile of the custodial
parent
If the child is illegitimate His domicile of origin is that

of the mother at the time of
his birth
If the child is legitimated The domicile of his father at

the time of his birth
controls
If the child is adopted The domicile of origin is the

domicile of his real parents
at the time of his birth, NOT
the domicile of the adopters
If a foundling The domicile of origin is the

country where it was found

MINORS Public officials or Their domicile is the one

employees abroad they had before they were
1. If legitimate, the domicile of both parents (diplomats, etc) assigned elsewhere, unless
★ In case of disagreement, that of the they voluntarily adopt their
father, unless there is a judicial order to place of employment as
the contrary their permanent residence
2. If illegitimate, the domicile of the mother
3. In case of absence or death of either parent, the
domicile of the present parent.
★ Even in case of remarriage of the Chapter 9
surviving parent, still his/her domicile The situs or eclectic theory
determines the constructive domicile of
the minor child Situs or eclectic theory
4. If the child is adopted, the domicile of choice of The capacity, status, and family relations of a person are
the adopter is the child’s constructive domicile governed not necessarily by the law of his nationality or the
law of his domicile but by the law of the place (situs) where
INSANES, IDIOTS, IMBECILES an important element of the problem occurs or is situated
The law assigns their domicile to them:
Two kinds of participation of an individual under the
1. If they are below the age of majority, the rules
situs or eclectic theory
on minors apply to them
1. If participation is active – When he does an act
2. If they are of age and have guardians, they
voluntarily, the governing law is the law of the
follow the domicile of choice of their guardians
actual situs of the transaction or event
3. If they are of age and have no guardians, their
2. If the participation is passive – When the
constructive domicile is their domicile of choice
effects of the act are set forth or determined by
before they became insane
law, the governing law is the law of the legal
situs, i.e., the domicile of the individual concerned
MARRIED WOMEN
1. The constructive Chapter 10

domicile of the wife is The problem of the “renvoi”
the domicile of both
spouses, unless the law Renvoi
allows the wife to have ★ A French word which means “refer back” or
a separate domicile for “return”
valid and compelling ★ In Anglo-American countries, the term used is
If the marriage is valid reasons “remission,” which means to refer a matter for
2. If there is legal consideration or judgment
separation between the
spouses, the wife can When does the problem of renvoi arise?
have her own domicile The problem of renvoi arises when there is doubt as to
of choice whether the reference by the lex fori (the law of the country
3. If there is a separation where the problem arises) to the foreign law involves:
de facto, the wife can 1. A reference to the internal law of the foreign law or
also have a separate 2. A reference to the entirety of the foreign law
domicile including its conflicts rules
★ In such case, if the first state follows the
Apply the same rules when nationality theory, and the second state
If the marriage is the marriage is valid. follows the domiciliary theory, the problem
voidable However, after annulment, of renvoi will most probably arise
the wife can freely select
her own domicile of choice Four solutions the court can adopt when confronted
with a renvoi problem
If the marriage is void The wife can have a
1. Reject the renvoi
domicile separate from the
★ This means that the court does not want
husband
the problem to be sent back to us.
OTHER PERSONS ★ As in the case of the testate or intestate
succession of a foreigner but domiciled in
Convict or prisoner His domicile is the one he our country, we would simply apply his
had possessed prior to his national law or the internal law of his
incarceration country
2. Accept the renvoi
Soldiers Their domicile is their ★ Accept the referral or transmission of the
domicile before their case back to us, so that instead of
enlistment applying the foreign internal law,
Philippine law is applied
★ Single renvoi or single transmission

3. Follow the theory of desistment or the mutual 2. Extraordinary – With an intra-uterine life of less
disclaimer of jurisdiction theory than 7 months, in which case it must live for at
★ Refrain from applying the national law of least 24 hours after complete delivery from the
the deceased foreigner, although our law mother’s womb
tells us to do so.
★ If said law follows the domiciliary theory Note: In Conflict of Laws, personal law determines the
and directs that we apply the law of the beginning of one’s personality.
domicile of the deceased, so in the end,
we still apply Philippine law Civil personality, when extinguished
Art. 42 of the NCC: Civil personality is extinguished by
4. Apply the foreign court theory death
★ We would simply do what the foreign ★ Refers to physical death not civil death
court would do if confronted with the ★ A declaration of death in accordance with one’s
same case personal law (whether his national law or the law
★ Advantage of this theory is that regardless of his domicile) by a court of competent jurisdiction
of the forum, the applicable law will be the is considered valid for all purposes
same
★ Can also result in international ping pong Absence, defined
A special legal status pertaining to a person who has
Double renvoi disappeared from his domicile, his whereabouts being
This occurs when the local court, in adopting the foreign unknown, without leaving an agent to administer his
court theory, discovers that the foreign court accepts the property or even if he had left an agent, the power
“renvoi.” But since the foreign law remits the case to conferred by the absentee on the agent has expired
Philippine law, being the law of the deceased’s domicile, the ★ One status of being absent is determined in
foreign court may discover that Philippine law does not accordance with his personal law
accept the remission (as it applies the national law of the ★ Our own courts also have jurisdiction to declare an
deceased) so the foreign court, sitting as a Philippine court, alien domiciliary in the Philippines as absent
would still apply its own internal law. This is then what our
court will apply. Judicial declaration of absence under Philippine law
After the lapse of two years without any news about the
Theory of transmission v. renvoi absentee or since the receipt of the last news, and five
years if the absentee has left an administrator of his
Theory of transmission Renvoi property, his absence may be declared
Transmission is the process Renvoi means to refer a
Instances when an absentee may be presumed dead
of applying the law of a matter for consideration or
and for what purposes
foreign state thru the law of judgment
1. For purposes of remarriage – the absentee may
a second foreign state
be presumed dead after four years of absence,
Transmission involves three Renvoi involves two laws the present spouses having a well-founded belief
laws that the absentee is already dead
★ However, in case of disappearance where
there is danger of death, an absence of 2
Chapter 11 years is enough
Conflict rules on status and capacity 2. For all other purposes EXCEPT succession – an
absence of seven years, it being unknown whether
When human personality begins under our law or not the absentee still lives
★ Art. 40, NCC: Birth determines personality, but 3. For the purpose of succession – an absence of
the conceived child shall be considered born for all 10 years is required, except if the absentee
purposes that are favorable to it, provided it be disappeared after the age of 75 years, in which
born later with the conditions specified in the case an absence of 5 years is enough to open his
following article succession
★ Art. 41, NCC: For civil purposes, the fetus is
considered born if it is alive at the time it is What determines the age of majority in Conflict of
completely delivered from the mother’s womb. Laws?
However, if the fetus had an intra-uterine life of It is the personal law of the person that determines whether
less than 7 months, it is not deemed born if it dies he has reached the age of majority or not.
within 24 hours after its complete delivery from the
maternal womb Our conflicts rules on capacity to contract
A person’s capacity to contract is governed by his personal
Personality really begins at conception, subject to the law, whether it is the lex nationalii or the lex domicilii
following conditions: ★ EX: Contracts involving real or personal property in
1. The purpose is favorable to the fetus which cases the lex situs or lex rei sitae applies
2. If it is born alive under Art. 41 of the NCC including the capacity of the contracting parties
Two kinds of children Note: It is suggested that Article 15 of the CC applying the
1. Ordinary – With an intra uterine life of at least 7 nationality theory be limited to strictly family and domestic
months

transactions, while the law governing the contract should persons or refugees need only to submit an affidavit stating
govern ordinary day-to-day business contracts. the circumstances showing such capacity to contract
marriage
Change of names and surnames
A change of name is a special proceeding to establish the Common law marriages of foreigners
status of a person involving his relation with others. Aliens As to common law marriages of foreigners who come to the
can ask for change of name in the Philippines, provided they Philippines as husband and wife, it would seem that we
are domiciled here. should consider the marriage valid if valid under their
★ But an alien whose citizenship is either national law or the law of the place where the relationship
controverted or doubtful cannot ask for a change of began. But the marriage must not be contra bonos mores or
name universally considered incestuous
Legislative jurisdiction vs. judicial jurisdiction over Foreign marriages of Filipinos

one’s status GR: Under Art. 26 of the Family Code, all marriages outside
the Philippines in accordance with the laws in force in the
Legislative jurisdiction Judicial jurisdiction country where they were solemnized and valid there as
such, shall also be valid in this country, except those
Legislative jurisdiction over Judicial jurisdiction over
prohibited under Articles 35(1), (4), (5), and (6), 36, 37,
one’s status is the power of one’s status is the power of
and 38.
his personal law to govern the courts to decide
★ In other words, we follow the rule of lex loci
his status wherever he goes questions or controversies
celebrationis
concerning one’s status
EX: A foreign marriage of Filipinos in a foreign country will
still be void in the Philippines if:
Note: Thus, our courts can decide cases involving the 1. Either or both parties did not have legal capacity to
status and capacity of foreigners brought before them, but get married (Art. 35 (1))
in doing so, our courts will apply the personal law of the 2. The marriage is immoral for being bigamous or
foreigner, whether it be his national law or the law of his polygamous (Art. 35 (4))
domicile, depending on what theory the country of his 3. Consent of one party is lacking, because of mistake
citizenship follows. as to the identity of the other (Art. 35 (5))
★ Example: Even if the personal law of the foreigner 4. One of the parties was psychologically
allows divorce, he cannot apply for divorce from his incapacitated at the time of the marriage to comply
spouse before a Philippine court because we do not with the essential marital obligations (Art. 36)
recognize divorce and our courts have no 5. The marriage is incestuous (Art. 37)
jurisdiction to grant divorces. However, a foreigner 6. The marriage is void by reason of public policy
who applies for legal separation in our country on a (Art. 38)
ground available under his national law but not
under our law, may obtain a favorable judgment Note: Consular marriages of Filipinos abroad are valid (Art.
from our courts, because it is his national law on 10, Family Code)
legal separation that our courts will apply, but
subject to our procedural law. Conflicts rules on marriages between foreigners
solemnized abroad
Chapter 12 1. We still apply the rule of lex loci celebrationis, but
Conflicts rules on marriage not the exceptions in the first par. of Art. 26 of the
Family Code which apply only to Filipinos
★ But universally considered incestuous
Philippine internal law on the formal validity of
marriages and marriages that are highly
marriages or the validity of marriage as a contract
immoral are excepted
1. Essential requisites
2. Proxy marriages – Not allowed under Philippine
(1) Legal capacity of the contracting parties
internal law
who must be male and female
★ Rule in the US – if permitted by the law of
(2) Consent freely given in the presence of a
the place where the proxy participates in
solemnizing officer
the marriage ceremony, proxy marriages
2. Formal requisites
are entitled to recognition insofar as the
(1) Authority of the solemnizing officer
formal validity of the marriage is
(2) A valid marriage license
concerned
(3) A marriage ceremony takes place with the
3. Marriages on board a vessel on the high seas –
appearance of the contracting parties
Since the country whose flag the ship is flying has
before the solemnizing officer and their
jurisdiction over the ship, the rule is that
personal declaration that they take each
compliance with the law of the said country is
other as husband and wife in the presence
required for the marriage to be valid
of not less than two witnesses of legal age
4. If the parties or at least the husband is a Muslim –
it is believed that we would recognize up to four
Note: The above formal requisites apply to foreigners who
marriages of the same husband (Philippine Muslim
get married in the Philippines. If one or both of the parties
Code on Personal Laws)
are foreigners, the foreigner must submit a certificate of
legal capacity to contract marriage issued by the diplomatic
Mixed Marriages
or consular officials of his/her country in the Philippines
before he/she can be issued a marriage license. Stateless

Marriage between a If the marriage is valid A Filipina who marries Constitution provides that
Filipino and foreigner under the law of one of the an alien husband she “shall retain her
ABROAD spouses while void under Philippine citizenship,
the law of the other, we unless by her act or
should uphold the validity omission, she is deemed,
of the marriage, unless the under our law, to have
marriage is universally renounced her citizenship”
incestuous or highly
immoral (the same rule as Personal relations: Art.
to foreigners who get 80 of the Family Code
married abroad) provides that the national
law of the wife or Philippine
Marriage between a The national law of the law would govern the
Filipino and a foreigner Filipino – Philippine law spouses’ personal relations
in the PHILIPPINES should be followed – (rule was intended to
otherwise our public policy protect the Filipino wife)
would be violated
Conflict rules on the law governing personal relations

Two aspects of marriage as a status of spouses who change nationalities
1. Aspect of personal rights and obligations of the General Rules
spouses 1. If the spouses have the same nationality but they
★ Purely personal and are not ordinarily acquire a new nationality by their common act –
interfered with by the courts their new national law will govern their personal
relations
2. If the husband alone changes his nationality after
2. Aspect of their property relations the marriage – the law of the last common
★ The law lays down rules and judicial nationality of the spouses would govern
sanctions as they may affect public 3. If the spouses retain their different nationalities
interest after the marriage – National law of both spouses
should govern
Law governing personal relations of spouses in ★ RE: 3 Better solution: apply the national
Conflict of Laws law of the husband at the time of the
1. Countries that follow the nationality theory (e.g. marriage
Philippines) – apply the spouses’ national law in EXCEPTIONS
determining their personal relations with each 1. If the national law of the husband violates public
other policy of the forum
2. Countries that follow the domiciliary theory – the 2. The national law of the wife happens to be the law
personal relations of the spouses are governed by of the forum
the law of their domicile
Spouses of different nationalities: law governing their Conflicts rules on the property relations of husband
personal relations and wife
GR: The personal relations of the spouses are governed by GR: Property relations of the spouses are governed by
the national law of the husband Philippine law, regardless of the place of the celebration of
marriage and their residence (nationality theory)
★ If one spouse is a Filipino (wife or husband) and
Alien woman who Ipso facto becomes a
the other is an alien, Philippine law would still
marries a Filipino Filipino citizen if she does
govern
husband not suffer under any
disqualification for
EX:
naturalization as a Filipino
1. If both spouses are aliens – general rule in Conflict
citizen
of Laws will apply
2. With respect to extrinsic validity of contracts
Personal relations:
affecting real property – the lex situs will govern
national law of the husband
the formalities to be observed for the contract’s
shall govern (GR)
validity
Doctrine of immutability of matrimonial (property)

regime of the spouses
Regardless of the change of nationality by the husband or
the wife or both, the original property regime that prevailed
at the start of their marriage prevails
Immutability of the property regime v. immutability

of the law governing the property regime

★ Reason: Considering that it is the lex loci

Immutability of the Immutability of the law
celebrationis that is usually applied to
property regime governing the property
determine whether a marriage is valid or
regime
not, it is the same law that also
A subsequent change of The law that creates and determines whether a marriage is voidable
nationality by the husband governs the property or void
or wife or both does NOT regime may change 2. As for declaration of nullity of marriage between
change the original two Filipinos abroad, the grounds are the
property regime exceptions to the lex loci celebrationis in Article 26
of the Family Code:
(1) Either or both parties did not have legal
Annulment v. Declaration of nullity of marriage capacity to get married (Art. 35 (1))
(2) The marriage is immoral for being
Annulment Declaration of nullity
bigamous or polygamous (Art. 35 (4))
Remedy if the marriage is Remedy if the marriage is (3) Consent of one party is lacking, because
voidable or annullable void ab initio of mistake as to the identity of the other
(valid until annulled) (Art. 35 (5))
(4) One of the parties was psychologically
incapacitated at the time of the marriage
Voidable v. void marriage – legal effects to comply with the essential marital
obligations (Art. 36)
Voidable marriage Void marriage
(5) The marriage is incestuous (Art. 37)
It can be convalidated It cannot be convalidated (6) The marriage is void by reason of public
either by free cohabitation policy (Art. 38)
or prescription 3. As to foreigners who get married abroad – the
exceptions to the lex loci celebrationis would be the
The same property regime The only property same as those in marriages as a contract:
as in a valid marriage is relationship between the (1) Marriages that are highly immoral
established between the parties is a co-ownership (2) Universally incestuous marriages
spouses 4. Consular marriages – either the national law or the
law of the domicile of the parties applies
The children are legitimate The children are
if conceived before the illegitimate, except children Courts that have jurisdiction over cases for
decree of annulment of void marriages under annulment or declaration of nullity of marriage
Art. 36 and 53 of FC 1. In the Philippines – since we follow the nationality
theory, our courts have jurisdiction
Art. 36 – children born ★ Citizens and domiciliaries can file in the
under marriage that is void Philippines, even if the defendant is a non-
on the ground of psy. resident
Incapacity 2. In other countries – it is usually the courts of the
parties’ domicile who have jurisdiction over such
Art. 53 – children born of cases since that is the place which has the greatest
the first marriage of parties interest in the domestic relations of the spouses
before said first marriage
had been annulled or Rules on the validity of foreign divorces by foreigners
declared void, and those abroad
who marry a second time 1. Hague Convention states that a foreign divorce will
without delivering the be recognized in the contracting states if, at the
presumptive legitime of the date of the filing of the proceedings:
children of their first (1) The petitioner or respondent had his or
marriage her habitual residence in the state where
the divorce was obtained
The marriage cannot be The marriage may be (2) If both spouses were nationals of said
attacked collaterally attacked directly or state
collaterally (3) Although the petitioner was a national of
another country, he or she had his or her
The marriage can no longer The marriage can still be residence in the place where the divorce
be impugned after the impugned even after the was obtained
death of the spouses death of the spouses 2. In the US, a state has a duty to recognize a divorce
obtained in a sister state if the spouses were
Conflicts rules on annulment and declaration of nullity domiciled in the latter state
of marriage 3. A divorce obtained in a foreign country would be
1. In Conflict of Laws, the grounds for annulment of recognized under the same circumstances that a
marriage and for declaration of nullity of marriage divorce obtained from a sister state is given
are the grounds provided for by the law alleged to recognition
have been violated ! lex loci celebrationis or the
law of the place where the marriage was celebrated

4. in the Philippines, if both spouses are aliens, we engage in prostitution, or connivance in such
recognize a decree of divorce obtained by them corruption or inducement
abroad if valid under their national law 4. Final judgment sentencing the respondent to
5. If one of the spouses is a Filipino and the other an imprisonment of more than 6 years, even if
alien, we also recognize the divorce obtained by pardoned
the alien spouse abroad 5. Drug addiction or habitual alcoholism of the
respondent
Legal separation v. divorce 6. Contracting by the respondent of a subsequent
bigamous marriage, whether in the Philippines or
Legal separation Divorce abroad
7. Lesbianism or homosexuality of the respondent
Relative divorce, only a Absolute divorce, dissolves
8. Sexual infidelity or perversion
separation from bed and the marriage and the
9. Attempt by the respondent against the life of the
board but the parties parties can marry again
petitioner
remain married
10. Abandonment of petitioner by respondent without
justifiable cause for more than one year
Legal separation v. annulment of marriage
Defenses to legal separation under Philippine internal
Legal separation Annulment
law (Article 56, FC)
1. Condonation of the offense or the act complained
Marriage is not defective Marriage is defective
of
Grounds arise after the Grounds must exist at the 2. Consent of the aggrieved party to the commission
marriage time of or before the of the act or offense complained of
celebration of the marriage 3. Connivance between the parties in the commission
of the offense or act constituting the ground for
Parties are still married to Marriage is set aside legal separation
each other 4. Where both parties have given ground for legal
separation
Grounds are those given by Grounds are those given by 5. Collusion between the parties to obtain legal
the national law or the the lex loci celebrationis separation
domiciliary law – question subject to certain 6. Prescription
is one of status exceptions – questions the
very existence of status Note: The prescriptive period for filing of an action for legal
separation in the Philippines is 5 years from the time of the
occurrence of the case (Art. 57, FC)
Conflict rules on legal separation
1. If the parties are of the same nationality – grounds
for legal separation are those given by their Chapter 13
personal law (national law or domiciliary law) Status of Children
2. If the parties are of different nationalities –
grounds for legal separation are those under both Conflict rules in determining legitimacy of children
the personal law of the husband and wife 1. If the parents are of the same nationality – their
common personal law (national law or law of
Courts that may grant legal separation domicile) will be applied
1. Jurisdiction in the case of aliens is not assumed by 2. If the parents are of different nationalities –
the forum unless the national law of the parties is personal law of the father governs
willing to recognize its jurisdiction
2. In the Philippines, foreigners may ask for legal Legitimate and illegitimate children under Philippine
separation here, even if they did not get married in internal law
this country. What is important is that the court 1. Legitimate children – children conceived or born
has jurisdiction over both parties during the marriage of the parents
3. Most countries assume jurisdiction over case for 2. Illegitimate children – children conceived and born
legal separation on the basis of the domicile of one outside a valid marriage
of the parties or the matrimonial domicile ★ EX: Children born of void marriages under
Article 36 (psychological incapacity) and
Note: It is NOT necessary that the cause for legal Article 53 (those born of the first marriage
separation take place in the country for our courts to of parties before said first marriage had
have jurisdiction over the case. been annulled or declared void, and who
marry a second time without delivering
Grounds for legal separation under Philippine internal the presumptive legitime of the children of
law (Article 55, FC) their first marriage are considered
1. Repeated physical violence or grossly abusive LEGITIMATE CHILDREN
conduct against the petitioner, a common child, or
a child of the petitioner
2. Physical violence or moral pressure to compel the
petitioner to change religious or political affiliation
3. Attempt to corrupt or induce the petitioner, a Law governing the rights and duties between parent
common child, or a child of the petitioner, to and child

1. If the child is legitimate – either the common Adoption by aliens in the Philippines
personal law of the parents or the personal law of Under RA 8552 or the Domestic Adoption Act of 1998, aliens
the father if the parents are of different (who are not even former Filipino citizens) can adopt in our
nationalities governs country, provided:
2. If the child is illegitimate – The personal law of the 1. The have the same qualifications as those required
mother is decisive, UNLESS the child is of Filipino citizens
subsequently recognized by the father, in which 2. Their countries have diplomatic relations with our
case the rules on legitimate children will be applied country
3. They have been living in the Philippines for at least
Doctrine of immutability of status 3 years prior to the filing of the petition for
The status of a child (whether legitimate or illegitimate) is adoption, and maintain such residence until the
not affected by a subsequent change of nationality of the adoption decree is entered
parents 4. The have been certified by their diplomatic or
★ But the rights an duties of parent and child would consular offices or by any appropriate government
after the parents’ change of nationality, be agency that they have the legal capacity to adopt
governed by the new national law of the parents in their own countries and
5. Their government allows the adopted child to enter
Legitimation, defined their own country as their adopted child
A process whereby children who in fact were not born in
lawful wedlock and should therefore be ordinarily considered Special aliens who can adopt under RA 8552
illegitimate children are by fiction of law and upon 1. A former Filipino citizen who seeks to adopt a
compliance with certain legal requirements, regarded by law relative within the 4th degree of consanguinity or
as “legitimate,” it being supposed that they were born after affinity
their parents had already been validly married. 2. One who seeks to adopt the legitimate son or
daughter of his or her Filipino spouse
Conflicts rules on legitimation of children 3. One who is married to a Filipino citizen and seeks
1. The requisites of legitimation are generally to adopt jointly with his or her spouse a relative
considered those prescribed by the national law of within the 4th degree of consanguinity or affinity of
the parents, and if the latter have different national the Filipino spouse
laws, the national law of the father ! These aliens need not comply with the residency in the
2. In countries following the domiciliary theory, law of Philippines and they also need not submit a certification that
the domicile of the parents, or in proper cases, the they have the capacity to adopt from the diplomatic or
law of the domicile of the father should govern consular office of their country in the Philippines or any
other government agency
Philippine internal law on legitimation of children
(Articles 177-182, FC) Note: RA 8552 still requires that the (alien) husband and
Requisites for legitimated children wife must jointly adopt. However in cases where the
1. The child was conceived AND born outside lawful spouses are legally separated, the husband or the wife can
wedlock adopt alone, and the consent of the other spouse to an
2. The parents at the time of the child’s conception, adoption filed by one spouse is not necessary
were not disqualified by any impediment to marry
each other Nature of adoption in Philippine law
1. Adoption proceedings are always judicial an din
Note: Legitimation creates a permanent (immutable) status rem, i.e., publication is required
of the child 2. A mere agreement of adoption between the
adopters and the parents of the child is not a valid
Adoption adoption, nor the fact that the child had been
An act, which establishes a relationship of paternity and adopted de facto (ampon) by the alleged adopting
filiation and in so doing, endows the child with legitimate parents
status 3. Neither is mere registration of the child in the civil
registry as the child of the adopter a valid
Law which determines whether the relationship of adoption. This even amounts to the crime of
adoption has been created or not simulation of birth
1. The child’s personal law 4. The capacity and right of the adopter to file a
2. If the child does not reside in the country of his petition for adoption are governed by the law in
citizenship – the personal law of the adopter will force at the time the petition is filed, and cannot be
govern, or the personal law of the adopter and that impaired by a new law disqualifying him or her for
of the child will be applied concurrently adoption
Law which determines the legal effects of adoption Recognition of a foreign decree of adoption
The legal effects of adoption are determined by the same While there is no provision of law nor jurisprudence
law that created the relationship of adoption expressly requiring the Philippines to recognize a foreign
decree of adoption, it is believed that under Sec. 48 of Rule
39 of the Rules on Civil Procedure, we can recognize such
foreign decree of adoption provided the foreign court had
jurisdiction to render said decree, and that there is no want

of notice, collusion, extrinsic fraud, or clear mistake of law Philippines and need not be witnessed (Art. 810,
or fact leading to the foreign decree of adoption NCC)
Does adoption confer on the adopted child the Conflicts rules on joint wills
citizenship of the adopter? 1. Filipinos cannot make joint wills whether he or
No. Adoption does not confer on the adopted child the abroad
citizenship of the adopter. Adoption is a matter political and 2. Joint wills made by aliens shall be considered valid
not civil in nature, and the ways in which it should be in the Philippines if valid according to their lex
conferred are outside the ambit of the Civil Code. nationalii or lex domicilii or if valid under lex loci
celebrationis
Chapter 14 3. Joint wills made by aliens in the Philippines are
Wills, succession, and administration of the estate of void even if valid under their lex nationalii or lex
deceased persons domicilii in order that our public policy on joint wills
may not be militated against
4. A joint will executed by an alien and a Filipino
Two theories or systems in determining the proper
citizen abroad will be valid even as to the alien (if
law for the transmissions of successional rights
his national law or law of his domicile or lex loci
1. Unitary or single system – only one law
celebrationis allows it) but void as to the Filipino
determines transmission of real as well as personal
properties
Conflicts rules on intrinsic validity of wills
2. Split or scission system – Succession to real
1. lex nationalii – in countries that follow the
property is governed by the lex situs, while
nationality theory
succession to movable or personal property is
2. lex domicilii – in countries that follow the
governed by the law of the domicile of the
domiciliary theory
deceased at the time of his death
What governs the intrinsic validity of wills in the
Note: In the Philippines, we follow the unitary or single
Philippines
system, in that Article 16 of the NCC applies the
The NCC applies the lex nationalii of the decedent
national law of the deceased, whatever may be the ✯ Note: in case of conflict between the nationality
nature of the property and regardless of the country
theory and the domiciliary theory, we can treat the
where the property is found
case as one of “renvoi” so that we can still apply
Philippine law even if the deceased was a citizen of
Extrinsic v. intrinsic validity of wills
another country
Extrinsic validity Intrinsic validity
Forms and solemnities of Substance of wills Conflicts rules if a person dies intestate
wills 1. In civil law countries – the national law of the
decased applies
Deals with the forms and Concerns itself with: 2. In common law countries – the lex domicilii of the
solemnities in the making 1. Order of deceased at the time of death applies with respect
of wills which include: succession to personalty, while the lex situs applies with
1. Age and 2. Amount of respect to real property
testamentary successional
capacity of the rights, and other Conflicts rules on revocation of wills
testator matters of 1. Under Art. 829 of the NCC, a revocation done
2. Form of the will substance outside the Philippines by a person who does not
(notarial or have his domicile here is valid if done according to:
holographic) etc (1) The law of the place where the will was
made (lex loci celecbrationis) or
Conflicts rules in the Philippines on extrinsic validity (2) The law of his domicile at the time of
of wills revocation (lex domicilii)
1. If a Filipino makes a will abroad - he may comply Note: ignores the law of the place of
with the formalities of Philippine law (lex nationalii) revocation
or the lex loci celebrationis (the law of the place 2. If the revocation is done in the Philippines, it is
where he was at the time of the execution of the valid if made in accordance with the provisions of
will) – Art. 815, NCC our CC
2. If an alien makes a will abroad - he may comply 3. If the revocation is done outside the Philippines by
with the formalities of his lex nationalii (law of the a person who is domiciled here, it is valid if made
country of which he is a citizen, the lex domicilii in accordance with our law (lex domicilii) or lex loci
(law of his domicile0, or the lex loci celebrationis actus of the revocation (the place where the
3. If an alien makes a will in the Philippines – he may revocation was made)
comply with the formalities of his own country (lex
nationalii) or of Philippine law (lex loci Probate, defined
celebrationis) Probate is the process of proving before a competent court
4. Holographic wills – must be entirely written, dated, the due execution of a will, that the testator was possessed
and signed by the hand of the testator. It is subject of testamentary capacity, and the approval by said court of
to no other form and may be made in or out of the the will

his death, or if he was a non-domiciliary, the

Conflict rules on probate of wills country where his properties are found
1. The allowance of disallowance of a will is 4. The rights, powers, and duties of the executor or
essentially procedural, so that the law of the forum administrator are coextensive with the territorial
applies to all procedural matters jurisdiction of the court that qualified or appointed
2. Art. 838, 1st par: “now will shall pass either real him
or personal property unless it is proved and 5. Principal domiciliary administration v. ancillary
allowed in accordance with the Rules of Court” administration
3. There is no period of prescription for the probate of
a will
Principal domiciliary Ancillary
4. Wills proved and allowed in a foreign country
administration administration
according to the laws of each country may be
allowed, filed, and recorded by the proper court in Administration granted Administration in other
the Philippines in the country of the countries where the
5. Although a foreign will had already been probated deceased’s last deceased also left
in a foreign country, it still has to be reprobated in domicile properties
the Philippines in accordance with our procedural
law ! it is sufficient to ask for the enforcement of
the foreign judgment of the probate abroad 6. The domiciliary administrator of the estate of a
6. The evidence necessary for the probate or deceased American citizen in the US has no power
allowance of wills which have been probated over and is not entitled to the possession of the
outside the Philippines are: stock certificates of shares of stock by the
(1) The due execution of the will in deceased in a Philippine corporation, which
accordance with the foreign law because certificates must be delivered to the ancillary
we cannot take judicial notice of foreign administrator
laws
(2) The testator had his domicile in the Caduciary rights of state in Conflict of Laws
foreign country where the will was There are two theories adopted by different states so that
probated they may claim the properties left by a deceased who left
(3) The will had been admitted to probate in no heirs and no will:
said country 1. Some countries adopt the theory that such
(4) The foreign tribunal is a probate court properties have become ownerless (bona vacantia)
(5) The laws of the foreign country on hence they should revert to the State where they
procedure and allowance of wills were are situated by escheat
followed ! properties pass to the State as an incident of
sovereignty, not as an heir
Administration of estate of deceased persons 2. In the Philippines and some civil law countries –
Administration is the process of determining and realizing the theory adopted is that the State is the last heir
the assets of a deceased person, the payment of the debts of a deceased person. Hence, the State succeeds
of the estate, and the actual distribution of the residue to to the properties left by said deceased as an heir.
the heirs
Conflicts rules on administration of estate of Chapter 15

deceased by persons PROPERTY
1. Administration is procedural in nature. It is the lex
fori that governs not the law that determines how
Conflict rules on real property and personal property
the estate of the deceased is to be distributed
GR: lex situs/ lex re sitae ! law of the place where the
2. In charge of the administration is the executor or
property is located
an administrator with a will annexed or an
administrator
Old rule on law on personal property/movables -
Mobilia sequuntur personam
Executor Administrator Administrator Personal effects or belongings of owner carried with him
with a will wherever he went.
annexed ! Given artificial status since did not have fixed status
– personal law of the owner
Appointed Appointed by Appointed by
by testator the court if the court if Philippine rule on personal properties
in his will there is a will there is no will Art. 15 of the CC ! real property as well as personal
but no executed property is subject to the law of the country where it is
is designated situated
therein
Matters governed by lex situs with respect to real
property
3. The executor is qualified, and the administrator of
1. Extrinsic validity
the estate is appointed, by the court of the country
2. Intrinsic validity
where the deceased was domiciled at the time of
3. Capacity of contracting parties
4. Interpretation of documents

5. Effects of ownership
Involuntary transfer of The situs of the place
6. Co-ownership
assignment of a debt where the debtor may be
7. Accession
(garnishment) served (usually his
8. Usufruct
domicile)
9. Lease
10. Easement The proper law of the
11. Quieting of title contract (the proper law
12. Registration of the original transaction
13. Prescription out of which the chose in
14. Police power action or credit arose)
15. Eminent domain
16. Taxation Other theories:
1. The law of the
Exceptions to the rule on lex situs with respect to real Voluntary assignment place where the
properties or transfer of credit assignment is
1. Succession ! governed by national law (in executed
Philippines) not lex situs 2. The law of the
2. Contracts involving real property but do not deal place where
with title or real rights over the property, the issue performance or
being the contractual rights and liabilities of parties payment is
! governed by the proper law of the contract (lex normally
loci voluntatis or lex loci intentionis) expected
3. In contracts where real property is given as 3. The national law
security by way of mortgage to secure a principle of the parties
contract (i.e. loan) ! loan is governed by the
proper law of the contract which the mortgage is Situs of a debt for Domicile of creditor
governed by the lex situs taxation purposes
4. While the validity of the transfer of land must be
determined by the lex situs, the validity of the Administering debts Situs is the place where
contract to transfer is determined by the proper the assets of the debtor
law of the contract are situated
Rules in giving constructive situs to choses in NEGOTIABLE INSTRUMENTS

possession that are usually in motion
The law that Law governing rights
VESSELS determines whether embodied in the
the instrument is instrument
Public vessel Law of the flag negotiable or not
Note: American
Private or commercial Law of the country or Restatement claims that
vessel place of registry the situs is the place
where the instrument
If vessel is docked at a Said port is deemed as
was executed
foreign port its temporary situs
The law that The law of the situs of
GOODS IN TRANSIT
determines the validity the instrument at the
As to liability for loss, Law of destination (Art. of the transfer, time of transfer, delivery,
destruction, or 1734, CC) delivery, or or negotiation
deterioration of goods negotiation of the
in transit negotiable instrument
The validity and effect Law of the place where SHARES OF STOCKS OF CORPORATIONS
of seizure of goods in the goods were seized
Sale of shares of Law of the place of
transit (temporary situs)
stocks incorporation since
Disposition or Proper law of the contract transfer is recorded in the
alienation of goods in (lex loci voluntatis or lex books of the corporation
transit loci intentionis)
Sale of corporate Governed by the proper
shares as between the law of the contract (lex
Rules in giving constructive situs to intangible parties loci voluntatis or lex loci
personal properties or choses in action intentionis)
CREDITS OR DEBTS Taxation on dividends Law of the place of
received by corporate incorporation
shares
FRANCHISES

Franchises Law of the state that Patents, copyrights, GR: in the absence of a
- special privileges granted them trade marks, trade treaty, protected only by
conferred by the names the state that granted or
government on an recognized them
individual or corporation
Art. 520, NCC: a trade
Goodwill of a business mark or a trade name
duly registered in the
Goodwill of business Good will of business and proper government
taxation thereon are bureau or office is owned
-Art. 521, NCC: property governed by the law of by and pertains to the
and may be transferred the place where the person, corporation, or
together with the right to business is carried on firm registering the
use the name under same, subject to the
which the business is provisions of special laws
conducted
Intellectual property
“Goodwill” Code: Any foreign
-The patronage of any corporation being a
established trade or national or domiciliary o
business a country which is a party
to a convention, treaty,
Patents, copyrights, trademarks, trade names,
or agreement related to
and service marks
intellectual property
rights to which the
Philippines is also a party
or which extends
reciprocal rights to our
nationals by law, “shall
be entitled to the benefits
to the extent necessary
to give effect to any
provision of such
convention.”
- Foreign corporation
even if not engaged in
business in the
Philippines may
nevertheless bring a civil
or administrative action,
for opposition,
cancellation,
infringement, or unfair
competition.
Chapter 16
CONTRACTS
Contract, defined
Art. 1305, NCC: Meeting of minds between two persons
whereby one binds himself, with respect to the other, to
give something or to render some service.
♥ The specific subject of contract in Conflict of Laws
is limited to purely civil or commercial transactions.
Conflicts rules in determining extrinsic validity of

contracts
GR: the extrinsic validity of contracts is governed by the lex
loci celebrationis/ lex loci contractus
Variations to the rule of lex loci intentions in

determining extrinsic validity of contracts
1. A contract entered into by parties in two different
countries by cablegram, telex, or fax

♥ Art. 1319 par. 2: Acceptance made by ♥ EX: Change of new law is so revolutionary
letter or telegram does not bind the that it could never have been
offeror except from the time it came to his contemplated by parties
knowledge. The contract in such a case is 2. Several laws may be selected, each of which will
presumed to have been entered in the govern the different elements of the transaction
place where the offer was made 3. If under the selected law, the contract is legal but
♥ American law: contract is deemed in the place of performance, it is illegal, the
entered into in the place where the selected law should prevail (valid contract)
acceptance of the offer is posted or mailed 4. Questions of substantial and essential validity
2. Place of execution was merely casual or accidental (void, valid, voidable) of the contracts should be
♥ The law which has the most significant governed by the proper law of the contracts
relationship to the transaction should be ♥ Minor details: time of payment, etc.
applied should be governed by the law of
3. (EX) When the lex loci contractus/lex loci performance
celebrationis contravenes an established and 5. Parties cannot stipulate on the jurisdiction of the
important policy of the forum, or to apply it would courts our oust or court’s jurisdiction
work gross injustice to the people of the forum, or 6. The parties cannot contract away applicable
if the transaction is contra bonos mores provisions of law
7. American law recognizes cognovit clauses if the
Conflict rules in determining capacity of parties to a parties were of equal bargaining power and debtor
contract and the debtor voluntarily agreed to said clause
GR: Capacity to enter into contracts is generally governed ♥ Cognovit clauses: specify which courts
by the personal law of the parties would have jurisdiction in case of breach
♥ In Phil., Art. 15 NCC: Capacity of a Filipino is or default in payment, or it may waive
governed by Philippine law (nationality theory) debtor’s right to notice (confession of
judgment)
EX: Contracts involving alienation or encumbrance of
property both real and personal ! capacity is governed by
the lex situs
Extrinsic Capacit Intrinsic

Conflict rules in determining intrinsic validity of
validity y of validity
contracts
parties
1. GR: Intrinsic Validity of contracts is governed by
the proper law of the contract – lex loci voluntatis Barter, sale, Lex situs Lex situs Lex situs
or lex loci intentionis donation
2. American Law (Second Restatement):
(1) law to be applied should be the law Lease of Lex situs Lex situs Lex situs
chosen by the parties property:
(2) If none, the law of the state which has the creates real
most significant relationship to the parties rights
or to the transaction
3. Prof. Raleigh Minor – advocates application of Lease of Lex loci Personal Lex
different laws: property: celebrationi law of voluntatis
(1) As to the perfection of contract: lex loci does not s the or lex loci
celebrationis create real parties intentioni
(2) As to the validity of the consideration – rights s
lex loci considerationis
(3) As to questions of performance – lex loci Pledge, Lex situs Lex situs Lex situs
solutionis chattel
mortgage,
Philippine conflict rules on intrinsic validity of real estate
contracts mortgage,
1. We have no specific provision of law applicable to antichresis
conflict rules on the intrinsic validity of contracts
♥ However the policy of our law is to give Contract of Lex loci Personal Lex loci
effect to the intention of the parties loan: mutuum celebrationi law of voluntatis
2. We should apply the proper law of the contract (lex s the or lex loci
loci voluntatis (express) or lex loci intentionis parties intentioni
(implied) s
Limitations to the court’s choice of law in determining Contract of Lex situs Lex stius Lex situs
the intrinsic validity of contracts loan:
1. Generally, the parties cannot select a law that has commodatum
no connection at all with the transaction
2. If the law selected should change, it is the new law
that should be applied

quasi-delict and is governed by the provisions of

Lease of Lex loci Personal Lex loci
this Chapter.
service, celebrationi law of volntatis
agency, s parties or lex loci
Law governing liability for torts in Conflict of Laws
guaranty, intentioni
Liability for torts in general is governed by the lex loci delicti
suretyship s
commissi (law of the place where the delict or wrong was
committed)
Note: Agency ♥ State where the social disturbance occurred has
to alienate or
the primary duty to redress the wrong and
encumber real
determine the effects of the injury; and
property is ♥ To compensate victim for the damage or injury
governed by
suffered
lex situs
Lex loci Personal Lex loci Three theories in determining locus delicti
celebrationi law of voluntatis 1. Civil law theory – The locus delicti is the place
s parties where the act began
2. Common law theory – The locus delicti is the
Liability for loss, destruction, place where the wrongful act became effective
deterioration of goods in transit: 3. Theory of Dr. Rabel – The locus delicti is the
law of destination of goods (Art. place which has the most substantial connection
1753, NCC) with the wrongful act
If COGSA applies, limiation on Modern theories in determining liability for torts

liability applies, unless the shipper 1. State of the most significant relationship – the
declares value of goods and inserts rights and obligations of parties in a case of tort is
Contract of such declaration in the bill of lading determined by the local law of the state which,
transportatio with respect to the particular issue, has the most
n or carriage Contract for air transportation significant relationship to the occurrence and the
(render (Warsaw Convention) parties
services) 1. The liability of the airline in
case of death, injury to 2. The interest-analysis approach – This approach
passengers, or loss or damage considers the relevant concerns that two or more
to cargo is governed by states may have in the case and their respective
Warsaw Convention interests in applying their laws to it
♥ If however, the case poses a real conflict
2. If there was malice, gross
negligence, or bad faith, or between two or more States, if the
improper discrimination, interested forum finds that he other State
carrier is liable for damages has a greater claim in the application of its
beyond those limited by law to a given case, the forum should
Warsaw Convention yield and apply the law of the other state.
♥ If the forum is disinterested in the case, it
can dismiss the same on the ground of
Note: if contracts involve encumbrances of property, forum non conveniens
real or personal, apply lex situs. If personal contracts, ♥ In short, the state which has the more
law on contracts will apply relevant and weighty interests in the case
should be considered the locus delicti
Chapter 17
TORTS 3. Qavers principle of preference – Under this
theory, a higher standard of conduct and financial
Tort, defined protection given to the injured party by one state is
Legal wrong committed upon person or property applied by the State where the injury happened, if
independent of contract the latter state adopts a lower standard of conduct
♥ Spanish law: quasi delict/culpa aquiliana ! fault or and financial protection to the injured
negligence
♥ American law: broader ! fault or negligence and Conflict rules on maritime torts
also those committed with malice or willful intent 1. If the tort is committed abroad a public vessel,
whether on the high seas or in foreign territorial
Concept of tort in the Philippines waters, the law of the flag is the lex loci delicti
Blending of both Spanish and American laws commissii
♥ Art. 20 NCC: Every person who, contrary to law, 2. If the tort is committed aboard a private or
willfully or negligently causes damage to another, merchant vessel on the high seas, the law of the
shall indemnify the latter for the same. registry is the lex loci delicti commissii
♥ Art. 2176 NCC: Whoever by act or omission 3. If two vessels collide and are from the same state,
causes damage to another, there being fault or the law of registry is the lex loci delicti commissii
negligence, is obliged to pay for the damage done. 4. If the vessels come from different states with
Such fault or negligence, if there is no pre-existing identical laws, apply said identical laws
contractual relation between the parties, is called a

5. If the vessels come from different states with Note: The determination of whether a wrongful act is a tort
different laws, the lex loci delicti commissii is the or crime depends on the characterization of the act in the
general maritime law as understood and applied by state where said act is committed
the forum where the cas eis filed
Different theories that determine whether a state or a
Foreign tort to be actionable/subject of an action for legal system has jurisdiction to take cognizance of
damages in the Philippines – Requisites/Conditions criminal cases
1. Must acquire jurisdiction over the defendant (action
Under this theory, the state
for damages is action in personam)
where the crime was
2. Foreign tort must not be penal in character
Territorial theory committed has jurisdiction
3. The enforcement of the tortuous liability should not
to try the case, and its
contravene our public policy
penal code and the
4. Our judicial machinery must be adequate for such
penalties described therein
enforcement
♥ Note: all procedural matters are governed will apply
by the lex fori Phil law).
♥ Substantive matters are governed by the Subjective territorial
principle
lex loci delicti commissii, thus:
The state where the crime
(1) Period of prescription of the
was begun may prosecute
action is governed by lex loci
the same, even if it was
delecti commissii because in
completed in another state
Philippine law, prescription is
substantive not procedural
Objective territorial
(2) Proper parties, measure of
principle
damages, and the question
The state can prosecute
whether the acts complained of
crimes began abroad but
is considered the proximate
completed within its
cause of the injury are
territory
governed by the lex loci delicti
commissii The country of which the
(3) The burden of proof and criminal is a citizen or
defenses that may be subject has jurisdiction to
interposed by defendant are Nationality or personal try him for crimes allegedly
also governed by lex loci delicti theory committed by him, whether
commissii inside or outside its
territory, provided it is a
crime under said country’s
Chapter 18 penal law
CRIMES
Protective theory Any state whose national
Tort v. Crime interests may be
jeopardized has jurisdiction
Tort Crime over criminal offenses, even
if it is committed outside its
Both are wrongs territory and even if
committed by an alien
Violates private rights Committed against state
Real or eclectic theory Any state whose penal code
Instituted by injured person Prosecuted in the name of
has been transgressed
against wrongdoer in civil the State against the
upon has jurisdiction,
case, the purpose of which offender in criminal actions
whether the crime was
is indemnification for for the purpose which are
committed inside or outside
damages suffered protection and vindication
its own territory
of interests of the public as
a whole, punishment of the Cosmopolitan or Any state where the
offender, the reformation of universality theory criminal is found or which
offender, or to deter others has obtained custody over
from committing the same him can try him, unless
act extradition applies
Transitory in character – Local in character and can The state of which the
tortfeasor can be made be prosecuted only in the Passive personality or victim is a victim or subject
liable for his wrongful act in place or states where the passive nationality has jurisdiction to
any jurisdiction where he crimes are committed theory prosecute the offense
may be found

Note: In the Philippines, we follow as a GENERAL RULE the and whose laws allow Filipino citizens and corporations to do
territorial theory, and by way of EXCEPTION, the protective business in its own country or state
theory
Cases where we follow the protective theory

Art. 2, RPC: Except as provided in the treaties and laws of Theories in determining the personal law or
preferential application, the provisions of this Code shall be governing law of a corporation
enforced not only within the Philippine Archipelago, 1. The theory that the personal law is the law of the
including its atmosphere, its interior waters and maritime place of incorporation
zone, but also outside of its jurisdiction, against those who: 2. The theory of the place or center of management
1. Should commit an offense while on a Philippine 3. The theory of the place of exploitation
ship or airship;
2. Should forge or counterfeit any coin or currency Note: In the Philippines, we follow the theory of the place of
note of the Philippine Islands or obligations and incorporation
securities issued by the Government of the
Philippine Islands; Domicile of a corporation
3. Should be liable for acts connected with the Art. 51 of NCC: When the law creating or recognizing them,
introduction into these islands of the obligations or any other provision does not fix the domicile of judicial
and securities mentioned in the preceding number; persons, the same shall be understood to be the place
4. While being public officers or employees, should where their legal representation is established or where
commit an offense in the exercise of their they exercise their legal functions
functions; or ♥ Under Corporation Code, the place of incorporation
5. Should commit any of the crimes against national of a Philippine corporation is also its domicile
security and the law of nations ♥ As for a foreign corporation that has been granted
a license to operate or to do business in the
Jurisdiction over crimes committed on board a foreign Philippines, it acquires domicile in this country by
vessel if said vessel is within territorial waters virtue of said license
English Rule French Rule Exceptions to the theory that the personal law or the
nationality of a corporation follows the place of its
Emphasizes territorial Emphasizes nationality
incorporation
principle theory
1. For constitutional purposes – even if a corporation
The territory where the The State whose flag is was incorporated in the Philippines, it cannot
crime was committed will flown by the vessel has exploit or develop our natural resources nor
have jurisdiction EXCEPT: jurisdiction EXCEPT operate public utilities unless 60% of the capital is
1. In matters relating Filipino owned (Constitution)
! if the crime affects the 2. For wartime purposes – We adopt the control test
to internal order peace, order, security, and ! we pierce the veil of corporate identity and go
and disciple of the safety of the territory into the nationality of the controlling stockholders
vessel and
2. Those which affect to determine whether a corporation is an enemy
solely the ship and corporation
its occupants such
as minor or petty Matters that are governed by the personal law of the
criminal offenses corporation
committed 1. Requisites for the formation of the corporation
2. Required number of incorporators and the
members of the board of directors
Note: Under Art. 27 of UNCLOS, Philippine courts do not 3. The kinds of shares of stock allowed
acquire jurisdiction over crimes committed on board a 4. The transfer of stocks
vessel even if it is within our territorial waters as long as the 5. The issuance, amount, and legality of dividends
effect of such crime does not disturb our peace and order. 6. The powers and duties of the officers, stockholders,
This is similar to the French rule. and members
Law that determines the validity of corporate acts and

Chapter 19 contracts
BUSINESS ASSOCIATIONS Determined by the place of incorporation AND by the law of
the place of performance
Corporation, defined
Sec. 2 of Corporation Code: An artificial being created by May a foreign corporation sue and be sued in the
operation of law, having the right of succession and the Philippines?
powers, attributes, and properties expressly authorized by Yes, if it has the necessary license to do business in the
law or incident to its existence Philippines. The license is required not to forbid the foreign
corporation from performing single acts but to prevent it
Foreign corporation, defined from acquiring a domicile for purposes of business without
Sec. 123 of Corporation Code: One formed, organized, or taking the steps necessary to render it amenable to suit in
existing under any laws other than those of the Philippines the local courts

Jurisdiction over foreign corporations doing business

Requires separate action or Being a matter of defense,
in the Philippines, how acquired
proceeding brought recognition needs no action
By service of summons on:
precisely to make foreign or proceeding but implies
1. Its resident agent
judgment effective that an action or
2. If no such agent, on the government official
proceeding has already
designated by law to that effect; or
been filed against the
3. On any of its officers or agents within the
defendant who is invoking
Philippines (Rules of Court)
the foreign judgment
Status of a contract of a foreign corporation who Enforcement cannot exist Recognition does not need
transacts business here without the necessary license without recognition or does not require
Unenforceable, but the person who contracted with the enforcement
corporation may be in estoppel if he had received benefits
from contract
Reasons why a local court in the Philippines may
Instances when a foreign corporation not doing refuse to recognize or enforce a foreign judgment
business in the Philippines can sue in Philippine 1. The requisite proof of the foreign judgment may
courts not have been presented
1. Isolated transactions ♥ The manner of proving a foreign judgment
2. To protect its reputation, corporate name, and is the same as proving a foreign law
goodwill 2. The foreign judgment may contravene a recognized
3. For infringement of trademark or trade name and established policy in our country
3. The administration of justice in the country where
Law that applies to multinational or transnational the judgment came from may be shockingly
corporations corrupt or not beyond reproach
These are actual branches of big mother corporations. The
branches having incorporated in the states where they are Conditions or requirements before a local court in the
established are governed by the internal law of said states, Philippines can enforce or recognize a foreign
and their personal laws are the local laws of host states judgment
1. There must be adequate proof of the foreign
judgment
Partnership 2. The judgment must be on a civil or commercial
A partnership exists when two or more persons bind matter, not on a criminal, revenue, or
themselves to contribute to money, property, or industry to administrative matter
a common fund, with the intention of dividing the profits 3. There must be NO:
among themselves (Art. 1767, NCC) (1) Lack of jurisdiction
♥ A partnership, like a corporation, has a juridical (2) Want of notice
personality separate and distinct from that of each (3) Collusion
of the partners (4) Clear mistake of law or fact
4. The foreign judgment must not contravene a sound
Personal or governing law of a partnership and established public policy of the forum
Law of the country where it is created 5. The judgment must be res judicata:
(1) The judgment must be final
Domicile of a partnership (2) Foreign court must have jurisdiction over
Art. 51 of NCC: The place where their legal representation is subject matter and parties
established or where they exercise their principal functions (3) The judgment must be on the merits; and
(4) There was identity of parties, subject
matter, and cause of action
Chapter 20
Effects of foreign judgments in the Philippines under
RECOGNITION AND ENFORCEMENT OF FOREIGN
Rules of Court
JUDGMENTS
Sec. 48, Rule 39, 1997 Rules on Civil Procedure provides:
The effect of foreign judgment or final order of a foreign
Enforcement v. recognition country, having jurisdiction to render the judgment or final
Enforcement of foreign Recognition of foreign order is as follows:
judgment judgment (a)In case of a judgment or final order upon a specific
thing, the judgment or final order is conclusive
Means that the plaintiff or Means that eh defendant or upon the title to the thing and
petitioner wants the court respondent is presenting (b)In case of a judgment or final order against a
to positively carry out and the foreign judgment on person, the judgment or final order is
make effective the foreign the basis of res judicata presumptive evidence of a right as between the
judgment parties and their successors in interest by a
subsequent title
Implies an act of Involves merely a sense of In either case, the judgment or final order may be repelled
sovereignty justice by evidence of a want of jurisdiction, want of notice to the
party, collusion, fraud, or clear mistake of law or fact.


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Conflict of laws case Chapter 2

Lesley Claudio (A 2012) Page !1 of ! 26

Jurisdiction over the Res jurisdiction over the non-

Lesley Claudio (A 2012) Page !2 of ! 26

Chapter 3 Purely internal provision of law vs. conflicts rule

Lesley Claudio (A 2012) Page !3 of ! 26

2. All-sided or multilateral rule Status vs. capacity

Lesley Claudio (A 2012) Page !4 of ! 26

Citizenship of a Filipino woman who marries a

Lesley Claudio (A 2012) Page !5 of ! 26

Lesley Claudio (A 2012) Page !6 of ! 26

Lesley Claudio (A 2012) Page !7 of ! 26

Loss of citizenship Domicile v. residence

Lesley Claudio (A 2012) Page !8 of ! 26

If the child is legitimate His domicile of origin is that

If parents are separated,

If the child is illegitimate His domicile of origin is that

If the child is legitimated The domicile of his father at

If the child is adopted The domicile of origin is the

If a foundling The domicile of origin is the

Lesley Claudio (A 2012) Page !9 of ! 26

MINORS Public officials or Their domicile is the one

1. The constructive Chapter 10

Lesley Claudio (A 2012) Page !10 of ! 26

Lesley Claudio (A 2012) Page !11 of ! 26

Legislative jurisdiction vs. judicial jurisdiction over Foreign marriages of Filipinos

Lesley Claudio (A 2012) Page !12 of ! 26

Conflict rules on the law governing personal relations

Doctrine of immutability of matrimonial (property)

Immutability of the property regime v. immutability

Lesley Claudio (A 2012) Page !13 of ! 26

★ Reason: Considering that it is the lex loci

Lesley Claudio (A 2012) Page !14 of ! 26

Lesley Claudio (A 2012) Page !15 of ! 26

Lesley Claudio (A 2012) Page !16 of ! 26

Lesley Claudio (A 2012) Page !17 of ! 26

his death, or if he was a non-domiciliary, the

Conflicts rules on administration of estate of Chapter 15

Lesley Claudio (A 2012) Page !18 of ! 26

Rules in giving constructive situs to choses in NEGOTIABLE INSTRUMENTS

Lesley Claudio (A 2012) Page !19 of ! 26

Conflicts rules in determining extrinsic validity of

Variations to the rule of lex loci intentions in

Lesley Claudio (A 2012) Page !20 of ! 26

Extrinsic Capacit Intrinsic

Lesley Claudio (A 2012) Page !21 of ! 26

quasi-delict and is governed by the provisions of

If COGSA applies, limiation on Modern theories in determining liability for torts

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Cases where we follow the protective theory

Law that determines the validity of corporate acts and

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Jurisdiction over foreign corporations doing business

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