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PRIL Finals Reviewer (2010)

PRIL Finals Reviewer (2010)

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Published by cmv mendoza
From the joint effort of Aida, Ajang, Anton, Cha, Dahlia and Rach
From the joint effort of Aida, Ajang, Anton, Cha, Dahlia and Rach

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Published by: cmv mendoza on Apr 07, 2011
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CONFLICT OF LAWS – PRIL FINALS REVIEWER!
Antonio Arcilla | Rachelle Mayuga | Charisse MendozaJaklyn Pineda | Dahlia Salamat | Aida Villanueva
(Second Semester, A.Y. 2009-2010)
1
Examples of Conflict of Law Rules in the Philippines1. Art. 15 CC Lex Patriae2. Art. 1251 (par. 3) CC Lex Domicili3. Art. 16 CC Lex Situs / Lex Rei Sitae4. Art. 17 (par. 1) CC Lex Loci Contractus5. Art. 71 CC Lex Loci Celebrationis6. Art. 26 (par. 1) FC Lex Loci Celebrationis7. Art. 1306 CC Lex Loci IntentionisCivil Code :
Arts. 15, 16, 17, 71, 75, 124, 815-817, 818-819,1039, 1753, 1306
Art. 15
Laws relating to
family rights and duties, or to status,condition and capacity of persons
are binding upon citizens of the Philippines even though living abroad.
Art. 16
Real property as well as personal property is subject to the law of the country where it is situated.However,
intestate and testamentary succession
, both withrespect to the
order of successions and to the amount of successional rights and to the intrinsic validity of testamentary provisions
, shall be regulated by the national law of the personwhose succession is under consideration,
whatever may be thenature of the property and regardless of the country wherein said property may be found 
.
Art. 17
The
forms and solemnities of contracts, wills, and other public instruments
shall be governed by the laws of the countryin which they are executed.When the acts referred to are executed before the
diplomatic or consular officials of the Republic of the Philippines
in aforeign country, the solemnities established by Philippine lawsshall be observed in their execution.Prohibitive laws concerning persons, their acts or property, andthose which have, for their object, public order, public policy andgood customs shall not be rendered ineffective by laws or judgments promulgated, or by determinations or conventionsagreed upon in a foreign country.
Art. 71 (Amended by Art. 26, FC)
All marriages performed outside the Philippines in accordance withthe laws in force in the country where they were performed, and valid there as such, shall also be valid in this country, except bigamous,polygamous, or incestuous marriages as determined by Philippinelaw.
 
Art. 75 (See Art. 7 and 10, FC)
Marriages between Filipino citizens abroad may be solemnized by consuls and vice-consuls of the Republic of the Philippines. Theduties of the local civil registrar and of a judge or justice of the peaceor mayor with regard to the celebration of marriage shall be performed by such consuls and vice-consuls.
Art. 124 (See Art. 80, FC)
If the marriage is between a citizen of the Philippines and a foreigner,whether celebrated in the Philippines or abroad, the following rulesshall prevail:(1) If the husband is a citizen of the Philippines while thewife is a foreigner, the provisions of this Code shall governtheir relations;(2) If the husband is a foreigner and the wife is a citizen of the Philippines, the laws of the husband's country shall befollowed, without prejudice to the provisions of this Codewith regard to immovable property.
Art. 815
When a
Filipino is in a foreign country
, he is authorized tomake a will in any of the forms established by the law of thecountry in which he may be. Such will may be probated in thePhilippines.
Art. 816
The will of an
alien who is abroad
produces effect in thePhilippines if made with the formalities prescribed by the law of the place in which he resides, or according to the formalitiesobserved in his country, or in conformity with those which thisCode prescribes.
Art. 817
A will
made in the Philippines by a citizen or subject of another country
, which is executed in accordance with the law of the country of which he is a citizen or subject, and which might beproved and allowed by the law of his own country, shall have thesame effect as if executed according to the laws of thePhilippines.
Art. 818
Two or more persons cannot make a will jointly, or in the sameinstrument, either for their reciprocal benefit or for the benefit of athird person
.
Art. 819
Wills, prohibited by the preceding article, executed by Filipinos ina foreign country shall not be valid in the Philippines, even thoughauthorized by the laws of the country where they may have beenexecuted.
Art. 1251
Payment shall be made in the place designated in the obligation.
There being no express stipulation and if the undertaking is todeliver a determinate thing, the payment shall be made
wherever the thing might be at the moment the obligation was constituted 
.In any other case, the place of payment shall be the domicile of the debtor.If the debtor changes his domicile in bad faith or after he hasincurred in delay, the additional expenses shall be borne by him.These provisions are without prejudice to venue under the Rulesof Court.
Art. 1306
The contracting parties may establish such
stipulations,clauses, terms and conditions as they may deem convenient
,provided they are not contrary to law, morals, good customs,public order, or public policy.
Art. 1753
The law of the country to which the goods are to be transportedshall govern the
liability of the common carrier 
for their loss,destruction or deterioration.
 
Family Code:
Arts. 10, 7.5, 26, 80, 184, 185, 187
Art. 7
Marriage may be solemnized by:
(1) Any incumbent member of the judiciary within thecourt's jurisdiction;(2) Any priest, rabbi, imam, or minister of any church or religious sect duly authorized by his church or religioussect and registered with the civil registrar general,acting within the limits of the written authority grantedby his church or religious sect and provided that at least
 
CONFLICT OF LAWS – PRIL FINALS REVIEWER!
Antonio Arcilla | Rachelle Mayuga | Charisse MendozaJaklyn Pineda | Dahlia Salamat | Aida Villanueva
(Second Semester, A.Y. 2009-2010)
2
one of the contracting parties belongs to thesolemnizing officer's church or religious sect;(3) Any ship captain or airplane chief only in the casementioned in Article 31;(4) Any military commander of a unit to which achaplain is assigned, in the absence of the latter, duringa military operation, likewise only in the casesmentioned in Article 32;
(5) Any consul-general, consul or vice-consul in thecase provided in Article 10.Art. 10
Marriages between Filipino citizens abroad may be solemnized bya consul-general, consul or vice-consul of the Republic of thePhilippines. The issuance of the marriage license and the dutiesof the local civil registrar and of the solemnizing officer with regardto the celebration of marriage shall be performed by said consular official.
Art. 26
All
marriages solemnized outside the Philippines
, inaccordance with the laws in force in the country where they weresolemnized, and valid there as such, shall also be valid in thiscountry, except those prohibited under Articles 35 (1), (4), (5) and(6), 36, 37 and 38.Where a
marriage between a Filipino citizen and a foreigner 
isvalidly celebrated and a divorce is thereafter validly obtainedabroad by the alien spouse capacitating him or her to remarry, theFilipino spouse shall have capacity to remarry under Philippinelaw.
Art. 35 
The following marriages shall be
void from the beginning 
:(1) Those contracted by any party below eighteen years of age even with the consent of parents or guardians;(2) Those solemnized by any person not legally authorized to perform marriages unless such marriages werecontracted with either or both parties believing in good faiththat the solemnizing officer had the legal authority to do so;(3) Those solemnized without license, except thosecovered the preceding Chapter;(4) Those bigamous or polygamous marriages not failing under Article 41;(5) Those contracted through mistake of one contracting party as to the identity of the other; and (6) Those subsequent marriages that are void under Article53.
Art. 36 
A marriage contracted by any party who, at the time of thecelebration, was psychologically incapacitated to comply with theessential marital obligations of marriage, shall likewise be void even if such incapacity becomes manifest only after its solemnization.
Art. 37 
Marriages between the following are
incestuous and void from thebeginning 
, whether relationship between the parties be legitimate or illegitimate:(1) Between ascendants and descendants of any degree;and (2) Between brothers and sisters, whether of the full or half blood. (81a)
Art. 38 
The following marriages shall be
void from the beginning for reasons of public policy 
:(1) Between collateral blood relatives whether legitimate or illegitimate, up to the fourth civil degree;(2) Between step-parents and step-children;(3) Between parents-in-law and children-in-law;(4) Between the adopting parent and the adopted child;(5) Between the surviving spouse of the adopting parent and the adopted child;(6) Between the surviving spouse of the adopted child and the adopter;(7) Between an adopted child and a legitimate child of theadopter;(8) Between adopted children of the same adopter; and (9) Between parties where one, with the intention to marry the other, killed that other person's spouse, or his or her own spouse. (82)
Art. 80
In the absence of a contrary stipulation in a marriage settlement,the property relations of the spouses shall be governed byPhilippine laws,
regardless of the place of the celebration of themarriage and their residence.
This rule shall not apply:(1) Where both spouses are
aliens
;(2) With respect to the extrinsic validity of contractsaffecting
property not situated in the Philippines
andexecuted in the country where the property is located;and(3) With respect to the extrinsic validity of contractsentered into in the Philippines but affecting propertysituated in a foreign country whose laws requiredifferent formalities for its extrinsic validity.
Art. 184
The following persons
may not adopt
:(1) The guardian with respect to the ward prior to the approval of the final accounts rendered upon the termination of their guardianship relation;(2) Any person who has been convicted of a crime involving moralturpitude;(3)
An alien, except:
(a) A former Filipino citizen who seeks to adopt a relative byconsanguinity;(b) One who seeks to adopt the legitimate child of his or her Filipino spouse; or (c) One who is married to a Filipino citizen and seeks to adoptjointly with his or her spouse a relative by consanguinity of thelatter.Aliens not included in the foregoing exceptions may adopt Filipinochildren in accordance with the rules on inter-country adoptionsas may be provided by law. (28a, E. O. 91 and PD 603)
Art. 185
Husband and wife must jointly adopt, except in the following cases:
(1) When one spouse seeks to adopt his own illegitimate child; or (2) When one spouse seeks to adopt the legitimate child of theother. (29a, E. O. 91 and PD 603)
Art. 187
The following may not be adopted:
(1) A person of legal age, unless he or she is a child by nature of the adopter or his or her spouse, or, prior to the adoption, saidperson has been consistently considered and treated by theadopter as his or her own child during minority.(2) An alien with whose government the Republic of thePhilippines has no diplomatic relations; and(3) A person who has already been adopted unless such adoptionhas been previously revoked or rescinded.
 
CONFLICT OF LAWS – PRIL FINALS REVIEWER!
Antonio Arcilla | Rachelle Mayuga | Charisse MendozaJaklyn Pineda | Dahlia Salamat | Aida Villanueva
(Second Semester, A.Y. 2009-2010)
3
PART ONE – INTRODUCTION
I. SCOPE OF CONFLICT OF LAWS: NATURE, DEFINITIONAND IMPORTANCE
A.DIVERSITY OF LAWS, CUSTOMS AND PRACTICES
-division of world into many independent states with own laws +occurrence of events that contains elements significant to morethan 1 legal system = conflict of laws-there had been attempts to have a uniform law:
1928 Sixth International Conference of American Statesin Havana: on PRIL
Bustamante Code: uniform provisions on civil law,commercial law, penal law and law on procedure
creation of the Inter-American Council of Jurists byOAS in 1948 - but has not achieved anything concrete
1951 Hague Convention on PRIL: on family law,succession and products liability
EAP notes
GR:
Laws have effect only within their territories
Basis:
every nation is sovereign and independent; another statecan’t force our courts to apply their laws
X: When our own law provides that laws of other states areapplicable
HILTON V GUYOT (1895)
Gustave Guyot (liquidator for French firm CHARLES FORTRICH& CO.) sued co-partners of A.T. STEWART & CO. Henry Hiltonand William Libbey (residents of NY) in FRENCH COURT for amount due to the French firm. French court ruled in his favor, sohe sued Hilton and Libbey in US Circuit Court for enforcement of the French Judgment. US CC held judgment conclusive, entereddecree in favor of Guyot W/O EXAMINING ANEW MERITS OFTHE CASE.
WON US court should give force and effect to the FrenchJudgment when French courts give no force and effect to the duly rendered judgments in US Courts against French citizens
NOGR: No law has any effect, of its own force, beyond the limits of the sovereignty from which its authority is derived.X: The extent to which the law of one nation, as put in force withinits territory,
whether by executive order, by legislative act, or by judicial decree
, shall be allowed to operate within the dominion of another nation, DEPENDS UPON what our greatest jurists havebeen content to call THE COMITY OF NATIONS
COMITY
-neither a matter of absolute obligation nor mere courtesy andgood will
 
-RECOGNITION WHICH ONE NATION ALLOWS WITHIN ITSTERRITORY…OF THE LEGISLATIVE…EXECUTIVE…OR JUDICIAL ACTSOF ANOTHER NATION,HAVING DUE REGARD BOTH TO...INTERNATIONAL DUTY…AND CONVENIENCEAND TO THE RIGHTS OF ITS OWN CITIZENS OR OF OTHERPERSONS WHO ARE UNDER THE PROTECTION OF ITSLAWS
EAP notes
Lowers standard of comity:
principle of retortion
is a task for thelegislature to do, not for the courts; the court in applying comitywas doing legislative act. Plus injustice is that private individualscannot change laws so why make them suffer for the difference inlaws in different states?
B. DEFINITION
Distinguished from Public International Law and other Disciplines
Part of municipal law which governs cases involving aforeign element
MINOR:
those universal principles of right and justicewhich govern the courts of one statehaving before them cases involving...the operation...and effect of laws of 
another state or country 
CHESIRE:
part of law which comes into playwhen the issue before the courtAFFECTS SOME FACT OR EVENT OR TRANSACTIONthat is SO CLOSELY CONNECTED W/ FOREIGNSYSTEM OF LAWas to necessitate recourse to that system
2nd ed, American Jurisprudence:
part of the law of each state or nationwhich determines whether, in dealing w/ a legal situation,the law of some other state or nation will be...recognized,...given effect...or applied
HILTON v. GUYOT:
law concerning the rights of persons within the territory and dominion of one nation, byreason of acts, private or public, done within the dominionof another nation PIL vs. PRIL
Category PUBLIC IL PRIVATE IL
Applicabilityof 
rationepersonae
and
rationemateriae
Relationships of states amongthemselvesRelationship of individualsin their private transactionswhich involve a foreignelementSources of lawA38, ICJ Statute:*custom*treaties*GPIL*juridical decisions*teachings of mosthighly qualifiedpublicists
GR:
from internal law of each state, NOT from anyinternational lawextraneous to municipal law
NATIONAL CONFLICTRULES
: Internal law of each country
X:
if conflict governed bytreaty e.g. HagueConvention on the Conflictof Laws relating to the formof testamentary dispositions
INTERNATIONALCONFLICT RULES
:*international conventions*foreign case law*commentaries interpretingthese conventionsPersonsinvolved*States*InternationallyRecognizedorganizations*Individuals*CorporationsTransactionsgovernedState to stateGovernment toPrivate transactions

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