ATENEO CENTRAL BAR OPERATIONS 2007 Civil Law SUMMER REVIEWER

CONFLICT OF LAWS Transactions involved Private transactions between private individuals Resort to municipal tribunals Generally affected by public interest; those in general are of interest only to sovereign States May be peaceful or forcible Peaceful: includes diplomatic negotiation, tender & exercise of good offices, mediation, inquiry & conciliation, arbitration, judicial settlement by ICJ, reference to regional agencies Forcible: includes severance of diplomatic relations, retorsions, reprisals, embargo, boycott, non-intercourse, pacific blockades, collective measures under the UN Charter, and war. Custom, Treaty and General Principles of law, recognized by civilized nations and juridical decisions and teachings of the most highly qualified publicists

CHAPTER 1: GENERAL PROVISIONS PRIVATE INTERNATIONAL LAW • That part of the law of each State or nation which determines whether, in dealing with a legal situation, the law or some other State or nation will be recognized, given effect, or applied (16 Am Jur, 2d, Conflict of Laws, §1). That part of municipal law of a State which directs its courts and administrative agencies, when confronted with a legal problem involving a foreign element, whether or not they should apply a foreign law/s (Paras). NOTE: A factual situation that cuts across territorial lines and is affected by diverse laws of two or more States is said to contain a foreign element.

Remedies and Sanctions

FUNCTIONS OF CONFLICT OF LAW RULES 1. To proscribe the conditions under which a court or agency is competent to entertain a suit or proceeding involving facts containing a foreign element; 2. To determine the extent, validity and enforceability of foreign judgment 3. To determine for each class of cases the particular system if law by reference to which the rights of the parties must be ascertained DISTINGUISHED FROM PUBLIC INTERNATIONAL LAW BASIS Nature Persons involved CONFLICT OF
LAW

Sources

LAW OF NATIONS

Municipal in International in QuickTime™ and a TIFF (Un d) decompressor character compressecharacter are needed to see this picture. Dealt with by Sovereign States private and other entities individuals; possessing governs international individuals in personality, e.g., their private UN; governs transactions States in their which involve relationships a foreign amongst element themselves

Generally derived from the internal law of the state; except any conflict of law question governed by a treaty

SOURCES OF CONFLICT OF LAWS Direct Constitutions Codifications Special Laws International Customs Indirect Natural Moral Law Work of Writers

—Adviser: Dean Cynthia del Castillo

Head: Joy Ponsaran, Eleanor Mateo; Understudy: Joy Tajan, John Paul Lim; Subject Head: Laarni Pichay;

the general rule is that real property is governed by the law of the State where it is situated 7. it is the foreign internal law that will be used 17. the law of one's domicile applied in the choice of law questions. condition. the status. it is often defined as the right of a State to exercise authority over persons and things within its boundaries. obligations. Lex Fori .law of the forum. Lex Loci Rei Sitae . of the place where performance of a contract is to be made 10. Lex Loci SolutionisQuickTime™ and of the place of .law of the place where property is situated. that is. in conflicts. Lex Situs . the law are needed to see this picture.the law of the place where the contract was made or law of the place where the contract is to be governed (place of performance) which may or may not be the same as that of the place where it was made 5.doctrine whereby a jural matter is presented which the conflict of laws rules of the forum refer to a foreign law which in turn. and whatever the foreign court will do respecting the case. Lex Loci Celebrationis . Foreign Court Theory – the local forum. while reference to a third State is called transmission. the local forum will likewise do 19. Renvoi Doctrine .Civil Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 Treatises and International Conventions Judicial Decisions 12.law of the place 4. CHAPTER 2: JURISDICTION • In international law. Long Arm Statutes . country or jurisdiction of whose judicial system the suit is brought or remedy is sought.law of the place where the act was done 8.in general. discovers that the foreign court accepts the renvoi.law of the place where the thing or subject matter is situated. JURISDICTION OVER THE PERSON Page 252 of 297 . this is said to be remission. in adopting the foreign court theory. Lex Domicilii.by virtue of which the status and capacity of an individual are generally governed by the law of his nationality. & capacity of a person should be governed by the law of his domicile. Double Renvoi – occurs when the local court. Domiciliary Theory . This is principally adopted in the RP. 16. Substantive rights are determined by the law where the action arose (lex loci) while the procedural rights are governed by the law of the place of the forum (lex fori) 3. ultimately then.law of the place where the contract is made 9. 21.law merchant/commercial law. Lex Loci Delicti Comissi . Lex Mercatoria . Nationality Theory . Lex Loci Actus . Lex Patriae . refers the matter back to the law of the forum or a third State. Lex Non Scripta . Desistment – mutual disclaimer of jurisdiction 18.law a TIFF (Uncompressed) decompressor payment or solution.statutes allowing the courts to exercise jurisdiction when there are minimum contacts between the non-resident defendant and the forum. 2. will put itself in the position of the foreign court. Depecage – where different aspects of a case involving a foreign element may be governed by different systems of law 15. Lex Loci . rights. part of common law 14.law of the place where the crime took place 11. 20.the unwritten common law.national law DEFINITION OF TERMS: 1. subject to certain exceptions. the positive law of the State. which includes general and particular customs and particular local law 13. When reference is made back to the law of the forum. system of laws adopted by all commercial nations and constitute as part of the law of the land. the title to realty or question of real estate law can be affected only by the law of the place where it is situated 6.law of the domicile. Lex Loci Contractus . in deciding the case.

foreign laws must be pleaded and proved The following actions may be resorted in case of Page 253 of 297 • • LONG-ARM STATUTES • QuickTime™ and a Statutes whichTIFF (Uncompressed) this picture. In both in rem and quasi-in rem. A specific law of the forum decrees that internal law should apply EXAMPLES: i. • • • 1. Voluntary appearance or b. NOTE: Summons by publication is authorized in three cases: If the action is in rem quasi in rem Involves the personal status of the plaintiff CHAPTER 3: WAYS OF DISPOSING CONFLICTS CASES 1.Civil Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 1. It is in a position to make an intelligent decision as to the law and the facts. and c. DOCTRINE OF FORUM NON-CONVENIENS • A forum may resist imposition upon its jurisdiction even when jurisdiction is authorized by law on the ground that the forum is inconvenient or the ends of justice would be best served by trial in another forum or the controversy may be more suitably tried elsewhere ELEMENTS a. 3. 2. if he is not present within the territory of the forum he should have certain minimum contacts with it such that the maintenance of the suit does not offend traditional notions fair play and substantial justice. Jurisdiction over the person of the plaintiff is acquired from the moment he invokes the aid of the court and voluntarily submits himself by institution of the suit through proper pleadings 2.prohibits Filipinos from making joint wills even if valid in foreign country The proper foreign law was not properly pleaded and proved NOTE: As a general rule. DISMISS THE CASE ON THE GROUND OF FORUM NON-CONVENIENS. Article 819 of the Civil Code . 3. INSTANCES WHEN INTERNAL LAW SHOULD BE APPLIED: a. This kind of jurisdiction of jurisdiction is referred to as in rem jurisdiction. JURISDICTION OVER THE SUBJECT MATTER • Jurisdiction over the subject matter is conferred by law • • . DISMISS THE JURISDICTION CASE FOR LACK OF 2. all that due process requires is that defendant be given adequate notice and opportunity to be heard which are met by service of summons by publication. courts do not take judicial notice of foreign laws. b. Jurisdiction over the person of the defendant is acquired through: a. It has or is likely to have power to enforce its decision.makes revocation done outside Philippines valid according to law of the place where will was made or lex domicilii iii. 16 of the Civil Code . ASSUME JURISDICTION AND APPLY THE FORUM LAW MINIMUM CONTACTS TEST AND FUNDAMENTAL FAIRNESS TEST • Due process requires only that in order to subject a defendant to a judgment in personam. of contacts specifyto see decompressor the kinds are needed which jurisdiction will be asserted over a defendant outside of state territory. Another form of jurisdiction is quasi in rem which affects only the interests of particular persons in the thing. b. Article 829 of the Civil Code . The forum State is one to which the parties may conveniently resort to.real and personal property subject to the law of the country where they are situated and testamentary succession governed by lex nationalii ii. Article. Personal or Substituted service of summons JURISDICTION OVER PROPERTY • Results either from seizure of the property under a legal process or from the institution of legal proceedings wherein the court’s power over the property is recognized and made effective.

3. real or personal (lex situs) d. On the Merits d. It must be a judgment on civil and commercial matters. identical or similar solutions anywhere & everywhere. The case falls under any of the exceptions to the application of foreign law. • EXCEPTIONS: a. Assume that the foreign law of the same as the law of the forum (processual presumption) iii. Rendered by a competent court c. transients in our land 2. by applying similar rules. When application of the foreign law may work undeniable injustice to the citizens of the forum h. that is. if this can be attained in many cases applying the proper foreign law. The judgment must be valid according to the court that delivered it. including Conflict of Laws. Involve the same parties. CHAPTER 4: RECOGNITION AND ENFORCEMENT OF FOREIGN JUDGMENTS • A foreign judgment is recognized when it is given the same effect that it has in the state where it was rendered with respect to the parties. • REQUISITES FOR RECOGNITION AND ENFORCEMENT OF FOREIGN JUDGMENTS 1. When application of the foreign law might endanger the vital interest of the State 4. according to the internal law of the forum EXCEPT: Where a foreign. a party is given affirmative relief to which the judgment entitles him. accepted limitations upon its jurisdiction over certain persons or things. subject matter and cause of action. Dismiss the case for inability to establish cause of action ii. Theory of Harmony of Laws – we have to apply the foreign laws so that wherever a case is decided. 5. is the dispensing of justice. The issue involved in the enforcement of foreign claim is fiscal or administrative e. or where a state has by treaty. we must do so. Theory of Comity – foreign law is applied because of its convenience & because we want QuickTime™ and a TIFF to our decompressor to give protection (Uncompressed)citizens. Foreign judgment was rendered by a judicial or a quasi-judicial tribunal which had competent jurisdiction over the parties and the case in the proper judicial proceedings in which the defendant shall have be given reasonable notice and the opportunity to be heard. The case involves issues related to property. the solution should be approximately the same. When the goal is realized. irrespective of the forum. an act done in another State may give rise to the existence of a right if the laws of that State crated such right. what is involved is the enforcement of a foreign judgment. A foreign judgment is enforced when. 3. The foreign law is contrary to the public policy of the forum b. Where the foreign judgment is being presented as a defense to the claim of the plaintiff. or public vessel or property of another state is involved. what is involved is the recognition of a foreign judgment. sovereign. residents. 2. When a plaintiff asks the court of one state to carry out and make effective a judgment obtained by him in another state. 4.we apply foreign law not because it is foreign. but because our laws. the subject matter of the action and the issues involved. Theory of Local Law. Theory of Vested Rights – we seek to enforce not foreign law itself but the rights that have been vested under such foreign law. . no rule of Private International Law would be violated if the courts should decide to dispose of cases. Foreign judgment must not be contrary to the public policy or the good morals of the State Page 254 of 297 THEORIES WHY FOREIGN LAW SHOULD BE GIVEN EFFECT: 1. & are needed to see this picture. • ELEMENTS: The judgment must be a. diplomatic official.Civil Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 failure to prove and plead the proper foreign law: i. require us to do so. there will be “harmony of laws” 5. hence. The foreign law or judgment is contrary to good morals (contra bonos mores) f. The foreign law is procedural in nature c. in addition to being recognized. Apply the law of the forum 3. Judgment must be final and executory to constitute res judicata in another action. thus. ASSUME JURISDICTION FOREIGN LAW • AND APPLY it is as if the foreign law has become part & parcel of our local law 4. Theory of Justice – the purpose of all laws. • As a general rule. The foreign law is penal in character g. Final b.

collusion. Determination between procedural and substantial matter 6. • NOTE: Borrowing statutes direct the state of the forum to apply the foreign statute of limitations to the pending claim based on a foreign law (treats the statute of limitations as a substantive law) RECOGNITION OF FOREIGN JUDGMENT Courts will allow the foreign judgment to be presented as a defense to a local litigation Involves merely the sense of justice Does not require either an action or a special proceeding PROOF OF FOREIGN LAWS 1. CHAPTER 5: CHARACTERIZATION • The process by which a court at the beginning of the choice of law process assigns a disputed question to the proper area in substantive law QuickTime™ and a TIFF (Uncompressed) decompressor are needed to see this picture. By written publication b. Moreover. to the newly created liability specifically to warrant a qualification of the right 2. Unwritten Law • By the oral testimony of expert witnesses or writings of jurists EFFECTS OF FOREIGN JUDGMENTS • • Under the Rules of Court. Procedural – If it operates to bar the legal remedy without impairing the substantive right involved. 2. 4. 7. mistake of fact or mistake of law.Civil Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 where it is to be enforced. or clear mistake of law or fact. Substantive – If the words of the law relate to forbidding the obligation Procedural – If the law forbids the enforcement of the obligation STATUTE OF LIMITATIONS DISTINCTION BETWEEN ENFORCEMENT RECOGNITION AND 1. STATUTE OF FRAUDS 1. Judgment must not have been obtained by fraud. but the judgment may be repelled by evidence of want of jurisdiction. proof of the foreign judgment has to be presented. DEPECAGE • The phenomenon where the different aspects of the case involving a foreign element may be governed by different systems of laws. Determination of the factual situation Characterization of the factual situation Determination of the applicable Conflicts rule Characterization of the Point of Contact or the Connecting Factor 5. The foreign judgment must not be barred by prescription under the law of the State in which it was promulgated or under the law of the State in which its recognition/enforcement is sought. STAGES IN CHARACTERIZATION: 1. Copy attested to by the officer having custody accompanied with a certificate that such officer has the custody and sealed by the appropriate public officer (section 24 rule 132 of the Revised Rules of Court) 2. 2. Pleading and Proving of the proper law TESTS OR FACTORS TO DETERMINE POINTS OF CONTACT: • Circumstances which may serve as the possible test for the determination of applicable law: Page 255 of 297 . 3. collusion. Substantive – When the limitation was directed ENFORCEMENT OF FOREIGN JUDGMENT Plaintiff wants courts to positively carry out and make effective in the State a foreign judgment Virtually implies a direct act of sovereignty Necessitates a separate action or proceeding brought precisely to make the foreign judgment effective May exist without Necessarily carries with enforcement it recognition For BOTH recognition and enforcement. the judgment is presumptive evidence of a right as between the parties and their successors-ininterest by a subsequent title. the requisites or conditions for the recognition or enforcement of foreign judgments must be present. Written Law a. the judgment is conclusive upon the title of the thing. and 6. In case of a judgment against a person. want of notice to the party. in case of a judgment against a specific thing.

CHAPTER 6: PERSONAL LAWS • • The law which governs a person’s family relations. capacity or status. DOMICILIARY THEORY 1. d. legal relations because: it is assigned to him by law at the MOMENT OF BIRTH (domicile of origin) It is assigned to him by law AFTER BIRTH on account of legal disability caused for instance by minority. Lex fori – applies to procedural matters and whenever the content of the otherwise applicable foreign law is excluded from application in a givem case for the reason that it fails under one of the exceptions to the application of foreign law. the TIFF (Uncompressed) decompressor law most consistently toapplied is that of the are needed see this picture. The nationality of a person. or his origin. or to the status. Is that place where a person has certain settled. The flag of the ship. 2. residence. The place where the act is intended to take effect. Locus Actus 5. his additional foreign nationality is disregarded In case the litigation arises in and a QuickTime™ a third country. Through a Naturalized Citizen’s Failure to Comply with Certain Legal Requirements in the country of origin b. Renunciation of one’s nationality by certain acts. or in the absence thereof. status. he is usually considered by the forum as exclusively his own national. Deprivation of his citizenship for any cause. of the nationalities which such person possesses. Domiciliary Rule. 2. The seat of legal or juridical person 3. even though living abroad. or in default thereof. country of which the person is not only a national but where he has his domicile or habitual residence. From a combined application of Jus Soli and Jus Sanguinis principle c. or the nationality of the country with which in the circumstances he appears to be closely connected. Laws relating to family rights and duties. capacity and conditions are determined by his domicile. to the law of their temporary residence. . By the legislative Act of States d.” MULTIPLE CITIZENSHIP ARISES DUE TO: a. such as commission of a crime b. express or implied. Three most common personal laws are the Nationality Rule. insanity or marriage in the case of a woman (constructive domicile or domicile by operation of law) he has a HOME there – that to which whenever Page 256 of 297 • 3. Lex loci intentionis 7.Civil Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 1. c. and the jus soli country to extend its nationality to a person who would otherwise be considered stateless when of his parents is a citizen of the contracting state. MULTIPLE CITIZENSHIP • • In matters of status. Lex Situs 4. NATIONALITY LAW THEORY • The Philippines adheres to the nationality law theory. the place of performance of contractual duties. 15. recognize exclusively in its territory • The individual’s private rights. Art. Voluntary release from his original state. his residence. fixed. Eclectic Theory either the nationality of the country of which he is habitually and principally resident. NOTE: Article 5 of the Hague Convention on the Conflict of Nationality laws provides: “ a third state shall. PROBLEMS IN APPLYING THE NATIONALITY PRINCIPLE DOMICILE • 1. STATELESSNESS ARISES DUE TO: a. condition and legal capacity of persons are binding upon citizens of the Philippines. his place of sojourn. By the voluntary Act of Individual concerned 2. or the place where the power of attorney is to be exercised 6. If born in a country which recognizes only the principle of jus sanguinis of parents whose law recognizes only the principle of jus soli • NOTE: The Convention on the Adoption on the Reduction of Statelessness (1961) mandates that the jus sanguini country grants its nationality to person born within its territory if he would be otherwise stateless. his domicile. which in many cases is decisive of practically all legal relationships of the ship and of its master or owner as such. STATELESSNESS • Stateless persons are generally subject to the law of their domicile or habitual residence. 8.

the local court shall apply the foreign law. Posadas – abandonment of one’s domicile required deliberate and provable choice of a new domicile. then international pingpong would ensue. DOUBLE RENVOI THEORY • Occurs when the local court. Hence. 3. is the place of an individual in a society and consists of personal qualities and relationships. or status of an individual should be governed by the law of the place where an important element of the problem occurs or is situated. If the foreign court would reject the renvoi. • This has the same result as the acceptance of the renvoi but the process used by the forum court is to desist applying the foreign law. with a declared or provable intent that it should be one’s fixed and permanent place of abode SITUS OR ECLECTIC THEORY • The capacity. the court will recognize the referral back and apply local law. 4. in turn refers the matter back to the law of the forum (remission) or a third state (transmission). If the foreign court would use the foreign court theory. Foreign Court Theory • Foreign court assumes the same position that the foreign court would take if the case is litigated in the foreign state. c. there should be animus manendi (intent to remain) or animus nonrevertendi (intent not to return) 5. Thus. coupled with actual residence in the place chosen. If the foreign court would apply the desistment theory.Civil Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 he is absent. The presumption is in favor of the continuance of domicile. Page 257 of 297 GENERAL RULES ON DOMICILE: 1. the local court shall apply lex fori. the local court will apply local law. If the foreign court would accept the renvoi. except for certain purposes. with which the state and the community are concerned. the local court shall apply the foreign law. Once acquired. more or less permanent. it remains the domicile unless a new one is obtained: a. The referral to the foreign law shall immediately pertain to the internal laws of the foreign state. state. in adopting the foreign court theory. Reject the renvoi • If the conflicts rules of the forum refer the case to the law of another state. and from different legal viewpoints 3. the conflict of laws rule of which. No person can have two or more domiciles at the same time. Accept the renvoi • If the conflict rules of the forum refer the case to the law of another state. d. And Provable intent that it should be one’s fixed and permanent place of abode. it is deemed to include the totality of the foreign law (internal law and conflicts of laws rule). SOLUTIONS TO THE RENVOI 1. Bellis – The renvoi doctrine does not apply when the referred foreign law does not have a conflict of law rule on the same subject matter. The burden of Proof is on the one who alleges that a change of domicile has taken place. Testate Estate of Amos G. he intends to return (domicile of choice) • NOTE: The forum determines domicile according to his own standards will apply the foreign law. it is deemed to mean only the internal law of that state. Desistment theory • The forum court upon reference to another state’s law sees that such law is limited in application to its own nationals domiciled in its territory and has no provision for application to nationals domiciled outside of the territory. CHAPTER 8: RULES ON STATUS • Status. 2. the court . By capacitated persons b. TRANSMISSION • Process of applying the law of a foreign state thru the law of a second foreign state. CHAPTER 7: RENVOI • A procedure whereby a legal matter is referred by QuickTime™ and a TIFF rules of decompressor the conflict of laws(Uncompressed)the forum to a foreign are needed to see this picture. With freedom of choice c. Thus. Vellila v. No natural person must ever be without a domicile 2. Hence: a. With actual physical presence d. Every sui juris may change his domicile 4. discovers that the foreign court accepts the renvoi. legal condition. b.

Rules of Court) Celebrated abroad parties to follow the formalities of the place of celebration. 15) (7) lex fori (Arts. Art 3 of the Family Code provides for three formal requisites namely: a. between brothers-sisters and between ascendantsdescendants Apply rule on marriages between foreigners – to uphold the validity of the marriage National law (Art. it is GENERALLY judicially recognized all over the world. 390.R. 37 and 38 of the Family Code (bigamous. Rule 131. 2. 391. marriage ceremony where the contracting parties appear before the solemnizing officer. Status being a concept of social order. Between Foreigners Mixed Marriage by Proxy (NOTE: a . THEORIES ON THE FORMAL REQUISITES OF MARRIAGE 1.. authority of the solemnizing officer b. 35 (1). Formal – generally do NOT affect the validity of the marriage. Compulsory theory – It is imperative for the Between Foreigners Mixed Celebrated in the Phils. Civil Code. legal capacity of the contracting parties who must be male and female b. Ecclesiastical rule – the formalities of both the lex loci celebrationis and the national law of the parties must be complied with. (4). 3. 15) (4) national law (Art. Status is generally supposed to have a universal character: when a certain status is created by law of one country. cannot easily be terminated at the mere will or desire of the parties concerned. essential requisites to marriage: a. Sec. 5 (jj). 15) (3) national law (Art. 3. (5) and (6). i. CHAPTER 9: RULES ON MARRIAGE MARRIAGE AS A CONTRACT • Marriage as a contract has two kinds of requisites: 1. 15) (5) national law (Art.R.Lex loci celebrationis Exceptions: (1) Arts. QuickTime™ and Art 2 of the Family Code a prescribes two TIFF (Uncompressed) decompressor are needed to see this picture.e. Optional theory – parties may follow either the lex loci celebrationis or their national law. consent freely given in the presence of a solemnizing officer. 4. 15) (6) national law (Art. Family Code) provided the marriage is not highly immoral or universally considered incestuous National law of the Filipino (otherwise public policy may be militated against) Lex loci celebrationis (with prejudice with the foregoing rules Page 258 of 297 CHARACTERISTICS OF STATUS 1. This rule is followed in most countries. polygamous and incestuous marriages) 2) consular marriages G. 21. 2. 43. Civil Code) (2) national law (Art. marriage license c. (this is followed in the Philippines) 2. 36. 26. FACTUAL SITUATION Between Filipinos POINT OF CONTACT G. Lex loci celebrationis Exceptions : (1) highly immoral (like bigamous and polygamous marriages) (2) UNIVERSALLY considered INCESTUOUS. Status is a matter or public or social interest. Essential – affects the validity of the marriage. Status is conferred principally by the state not by the individual.Civil Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 FACTUAL SITUATION (1) beginning of personality natural persons (2) ways and effects of emancipation (3) age of majority (4) use of names and surnames (5) use of titles of nobility (6) absence (7) presumptions of death and survivorship POINT OF CONTACT (1) national law of the child (Article 15.

Civil Code) 3. Family Code) • NOTE: The subsequent change of the nationality of the husband or the wife has no effect on the spouses’ original property regime EXCEPT when the law of the original nationality itself changes the marital regime. f. Marriages where either spouse is psychologically incapacitated. The forms and solemnities of contracts. Bigamous and polygamous marriages. e. • GOVERNING LAW . wills and other public instruments shall be governed by the laws of the country in which they were executed (Article 17. b. right of wife to use husband’s name. • RULES GOVERNING EXTRINSIC VALIDITY • GENERAL RULE: lex loci celebrationis 1. A subsequent marriage performed without recording in the Civil Registry the judgment of annulment or declaration of nullity. if there never was any common nationality – the national law of the husband at the time of the wedding (Hague Convention) 2. where both spouses are aliens. the above enumerations are exceptions to lex loci celebrationis precisely because they are controlled by lex nationalii. 100 Phil 427 – Legislative jurisdiction. in which case the property relations should change accordingly. and c. d. to the substantive are needed requirement for marriage. this rule shall not apply: a. • INTRINSIC VALIDITY – controlled by the parties’ Page 259 of 297 . the national law of Filipinos. NOTE: These exceptions put into issue the capacity of the partiesQuickTime™ and into the marriage to enter a (Uncompressed) decompressor and thereforeTIFF relateto see this picture. This is the doctrine of IMMUTABILITY IN THE MATRIMONIAL PROPERTY REGIME. with respect to the extrinsic validity of contracts entered into in the Philippines not affecting property situated in a foreign country whose laws require different formalities for their extrinsic validity. Personal rights and obligations of the spouses – personal affair between husband and wife and will not ordinarily be interfered with the courts of justice. 80. duty to follow husband’s residence. cohabitation. Property Relations • GOVERNING LAW – in the absence of a contrary stipulation in the marriage settlement. When either or both parties are below 18 years of age even with parental consent. partition and distribution of properties and the delivery of children’s presumptive legitimes. governs the questions of intrinsic validity of marriages between the Filipinos abroad. respect.. However. assistance and support. All states recognize as valid those marriages celebrated in foreign countries if they comply with the formalities prescribed therein (Hague Convention) 2. (Art. national law of the husband regardless of the place of celebration of the marriage and their residence. Since the personal law of the parties. Mistake as to identity of a contracting party. Incestuous marriages. c.g. Void marriages by reason of public policy. aside from the authority to enact laws. Includes mutual fidelity. is the competence of a person’s national law to govern his status. Subsequent change on the nationality of the spouses are proposed to have the following effects: a. and g.Civil Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 marriage by proxy is considered celebrated where the proxy appears) personal laws (either domiciliary or nationality) MARRIAGE AS A STATUS Marriage as a status carries with it implications in two fields: 1. if both will have a common nationality – the new one b. Recto v. b. with respect to the extrinsic validity of contracts affecting property not situated in the Philippines and executed in the country where the property is located.National law of the husband. Harden. e. if only one will change – the last common nationality c. Family Code) • EXCEPTIONS: The following are void marriages between Filipinos even if valid in the foreign country where celebrated or in case of mixed marriages celebrated in the Philippines: a. All marriages solemnized outside the Philippines in accordance with the laws in force in the country where they were solemnized and valid there as such shall also be valid in this country (Article 26.

29 Phil 606 . in other words. LEGITIMATION & ADOPTION FACTUAL SITUATION 1) Paternity and Filiation (including Parental Authority and Reciprocal Support) – legitimacy. decompressor • EXCEPTIONS: TIFF (Uncompressed) this picture. 1. divorce or separation must comply with the national law of the spouses and the law of the place where the application for divorce is made.Both our citizens and aliens should endeavor to have their rights established by the tribunals of the State which have coercive means to enforce their decisions. it is the law of the place of celebration (lex loci celebrationis) subject to certain exceptions.Civil Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 Ibanez. 2. adoption by a Filipino does not confer Filipino citizenship on an adopted alien child. Separation is agreeable to the internal law of the national state of the parties. recognition. the same applies with reference to substantive or intrinsic validity. the Filipino spouse shall have capacity to remarry under Philippine law. • NOTE: Grounds for Legal separation are the cumulative grounds provided by the national law of the parties (lex nationalii). Filipino couples cannot obtain absolute divorces abroad and neither shall a valid divorce obtained abroad by Filipino couples be recognized here. 2. provided: 1. • Hague Convention provides that the granting of 2. their national law is determinative. POINT OF CONTACT 1) if legitimate – national law of the father (Art 15. In many countries today however. Where a marriage between a Filipino citizen and a foreigner is validly celebrated and a divorce is thereafter validly obtained abroad by the alien spouse capacitating him or her to remarry. that furnishes the grounds. Civil Code) 2) if illegitimate – national law of the mother unless recognized by the father in which case. as a rule) – (Art. nationals of the forum are permitted to sue for annulment irrespective of their domicile. legitimation. QuickTime™ and a LEGAL SEPARATION • There is no obstacle to aliens in securing relative divorce in the Philippines. jurisdiction is vested in the court of the domicile of the parties. Jurisdiction over the non-resident defendant is not essential. CHAPTER 11: LEGITIMACY. Valid divorce obtained abroad between foreigners whose national laws allow divorce. national law of the father (Art 15. Guardianship a) over the person 1) appointing 1) court of the domicile of the Page 260 of 297 . rights and obligations of parents and children. 2. are needed to see 1. Their national law is willing to recognize Philippine jurisdiction. The governing law – lex loci celebrationis (of the marriage) determines the consequences of any defect to form. Adoption – creation of the status of adoption. He should be domiciled in the forum. Jurisdiction to annul – in practically all civil countries following the nationality principle. CHAPTER 10: ANNULMENT/ DECLARATION OF NULLITY/LEGAL SEPARATION ANULLMENT/DECLARATION OF NULLITY • Grounds for annulment (if the marriage is voidable merely) and grounds for declaration of nullity (if the marriage is void ab initio) are governed by the law alleged to have been violated. Civil Code) Doctrine of Immutability of Status – change of parent’s nationality does not affect the status of the child 2) in general. It is the status of the plaintiff that is in issue. otherwise a person runs the risk of incurring useless expenditures to obtain a judgment that cannot be enforced. Any divorce sought in Philippine courts will not be granted. rights and obligations of adopter and adopted 3. including parental authority. and reciprocal support. ABSOLUTE DIVORCE • GENERAL RULE: our courts only observe relative divorce (legal separation). Civil Code) 3) determination of whether legitimate or illegitimate (national law of the father. presumptions of legitimacy. national law of the adopter NOTE: In the Philippines. Generally. But with regard to capacity of the parties to marry. 15.

RIGHTS OF AN ILLEGITIMATE CHILD 1. 4. NOTE: Change in the nationality of the male parent affects the consequent relations between the parents and child. 176. Family Code). Family Code). Father’s personal law could grant parental authority to the mother of the illegitimate children (Art. LAWS REGULATING RELATIONS BETWEEN • GOVERNING LAW: The National law of the male parent at the time of the marriage shall govern: a. hence governed as well by the national law of the male parent. the cumulative substantive requirements of the forum and of the national law of the adopter must be complied with. EXCEPT: parental interest in the immovable property of the child which may be regulated by the lex situs. Funerals GOVERNING LAW ON THE LEGITIMACY OF A CHILD: • The legitimacy of the child is determined by the national law of the parents. To use the surname of the mother 2. legitimacy of the child is determined by the national law of the male parent. NOTE: Reference to the personal law of the father may result in joint exercise of parental authority over the property of the child by father and mother (Art. 3. Whether or not the legitimation will have retroactive effect c. Capacity of Aliens to Adopt – According to Salonga. Page 261 of 297 2. b) over the property 1) appointing court 2) powers of guardian c) over the person and over the property 4. footing as a uponto see decompressor the same are needed legitimate child. LEGITIMATION Legitimation – is the act QuickTime™ and a person not born by which a TIFF legitimate. • NOTE: Presumptions of Legitimacy are not mere rules of evidence but are considered as substantive law. to the legitime and other successional rights. If the child is later legitimated. If the parents belong to different nationalities. Jurisdiction to Grant Adoption – The Philippine Courts shall have jurisdiction to grant petition for adoption but must apply the lex fori with respect to procedural matters.Civil Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 court 2) powers of guardian ward 2) coextensive with those of the appointing court (law of the appointing state) LAWS REGULATING RELATIONS BETWEEN LEGITIMATE/D CHILDREN AND PARENTS • • 1) court where the property is found (lex rei sitae) 2) coextensive with those of the appointing court (law of the appointing state) c) see 3(a) and 3(b) • Where the body is buried. brothers and sisters. To Legitime ADOPTION Adoption – an act which renders a child legitimate in relation to the adopting parents. • NOTE: The law governing the capacity to succeed and the amount of successional rights of the legitimate children are governed by the national law of the decedent. personal law of the child follows that of the father. 2. Whether legitimation has been effected b. • Personal law of the father controls the rights and duties of parents and children. Personal Care Parental Authority Provide for Education Reciprocal Support BETWEEN LAWS REGULATING RELATIONS ILLEGITIMATE CHILDREN • • Relations between the mother and the illegitimate child are governed by the mother’s personal law. Other connected matters RIGHTS AND OBLIGATIONS INVOLVED UNDER PHILIPPINE LAWS INCLUDE: 1. 1. is placed (Uncompressed) this picture. in proper cases. To Support 3. RIGHTS OF A LEGITIMATE CHILD: 1. . To bear the surname of the father and the mother 2. 221. to whom the child may or may not be related. receive support from their parents. 3.

Successional rights – governed by the Conflict Rules on Succession. Recognition of a Decree on Adoption – The Philippines recognizes the principle of foreign adoptions validly rendered and recognized where effected. deterioration Validity & effect of the seizure of the goods Disposition or alienage of the goods Law of the destination (Article. Capacity to succeed – National law of decedent (Article.g. delivery or negotiation Law of the place incorporation Page 262 of 297 RULES GOVERNING TRANSFERS: 1. or prescription adverse possession. CC) • EXCEPTIONS: 1. Parental Authority – governed by the national law of the adopter 4. 1753.The law intended will be the proper law of the contract (lex loci voluntantis or lex loci intentionis) TANGIBLE PERSONAL PROPERTY • • GENERAL RULE . CHAPTER 12: RULES ON PROPERTY RULES ON REAL PROPERTY • GENERAL RULE . in the case of a Swedish bill of exchange. with respect to the particular issue. delivery or negotiation of the instrument Effect on a corporation of the . EXCEPTION. 1039) 3. levied of execution.Lex rei sitae (Article 16. the obligation to register said adoption in the civil registry. Acquisitions of title QuickTime™ and a by operation of law (e. 2. Swedish law determines its negotiability) In general. validity and priority of attachments. 2.Lex rei sitae (Article 16. Contracts involving real property which do not deal with the title thereto . Successional rights – National law of decedent (Article 16 par. TIFF (Uncompressed) decompressor acquisition by are needed to see this picture. CC) Locus regit actum (where seized) – because said place is their temporary situs Lex loci volutantis or lex loci intentionis – because here there is a contract INTANGIBLE PERSONAL PROPERTY INTANGIBLE PERSONAL PROPERTY (CHOSES IN ACTION) FACTUAL SITUATION POINT OF CONTACT Where debtor may be Recovery of debts or effectively served with summons (usually the involuntary assignment of domicile) debts (garnishment) Lex loci voluntatis or lex Voluntary assignment of loci intentionis (proper law debts of the contract) Taxation of debts Administration of debts Domicile of creditor Lex situs of assets of the debtor (for these assets can be held liable for the debts) The right embodied in the instrument (for example. place of registry) Law of the depot (storage place for supplies or resting place) Other means Things in transitu (these things have a changing status because they move) Loss. However. b. situs of the instrument at the time of transfer. TANGIBLE PERSONAL PROPERTY (CHOSES IN POSSESSION) FACTUAL SITUATION POINT OF CONTACT Negotiability or non-negotiability of an instrument Validity of transfer. CC) EXCEPTIONS: same as those for real property DIFFERENT KIND OF Means of Transportation Vessels Law of the flag (or in some cases.Civil Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 Effects or Consequences of Adoption – a. such adoption is still subject to municipal law i.e. Voluntary transfers of interests in chattels (other than assignment for the benefit of creditors) – validity and effect of conveyance as between the parties are determined by the local law of the State which. has the most significant relationship to the parties. such adoption shall not be recognized if it is contrary to public policy or residents’ interest forbids its enforcement (Agpalo) 3. destruction. statutory liens) – governed by lex situs. CC) 2.

Lex domicilii (RP law) ii. Lex loci celebrationis (Article 17(1)) • NOTE: Joint wills executed by Filipinos whether in the Philippines or abroad. NOT revocation) ii. Split or scission system – one law governs real property while another determines successional rights to personal property. Executed abroad i. 1039. Lex domicilii (Article 829) b. Executed in foreign country – i. Executed inTIFF (Uncompressed) – Philippine law Philippines decompressor are needed to see this picture. Done outside of the Philippines: a. trade names Lex loci voluntatis or lex loci intentionis (proper law of the contract) – for this is really a contract. If the Testator is a FILIPINO QuickTime™ and a a. 819 Civil Code). Lex loci celebrationis (Article 817) 2. trademarks. If the Testator is an ALIEN a. SUCCESSION & ADMINISTRATION OF CONFLICT RULES EXTRINSIC VALIDITY OF WILLS • Deals with the forms and solemnities in the making of wills. RP law (Article 816. iv. By a non-domiciliary i. Lex nationalii . Executed in the Philippines i. usually this is the place where the certificate is delivered) Law of the place of incorporation Law of the place where the sale was consummated INTRINSIC VALIDITY OF WILLS Law of the place that granted them Law of the place where the business is carried on In the absence of a treaty. 829) 2. Capacity to succeed – law of the nation of the decedent (Art. 2. b. Lex domicilii iii. Taxation on the dividends of corporate shares Taxation on the income from the sale of corporate shares Franchises Goodwill of the business & taxation thereto Patents. It is governed by the national law of the person whose will is under consideration in force at the time of death. Lex loci celebrationis (of the making of the will. Lex loci celebrationis (Article 815) b. and the intrinsic validity of the provisions of the will. Lex nationalii ii. Lex loci actus (of the revocation) (Article 17) PROBATE OF WILLS Page 263 of 297 GOVERNING LAWS 1. REVOCATION OF WILLS 1. copyrights. By a domiciliary of the RP i. This prohibition only applies to Filipino nationals. Caduciary rights – refer to the right of the state to claim thru escheat proceedings the properties within its territory of a decedent when the decedent is not survived by any heirs. Done in the Philippines . Civil Code) • THEORIES ON THE PROPER LAW FOR THE TRANSMISSION OF SUCCESSIONAL RIGHTS 1. CC). even though authorized by the foreign country which they may have been executed. CHAPTER 13: WILLS. shall not be valid in the Philippines (Art. they are protected only by the State that granted them NOTE: foreigners may sue for infringement of trademarks and trade names in the RP ONLY IF Filipinos are granted reciprocal concessions in the State of the foreigners • It concerns itself with the order of succession. Lex nationalii ii. Unitary or single system – one law governs the transmission of BOTH real and personal property. The validity of a will as to its form depends upon the observance to the law in force at the time it is made. the amount of successional rights.Civil Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 sale of corporate shares Effect between the parties of the sale of corporate shares ii.Lex loci actus (of the revocation) (Article.

that such law is the same as the law of the forum. Consular contracts . the SC applied the law with the most substantial connection to the transaction. The executor is qualified. or ancillary administrators & receivers even in non-successive cases CHAPTER 14: RULES ON CONTRACTS EXTRINSIC VALIDITY OF CONTRACTS • Governed by lex loci celebrationis • EXCEPTIONS: 1. If there is no effective choice of law – the governing the law of the State with the most substantial connection with the transaction and the parties. Philippine Gurantee – The Philippines has no express Conflict rules regarding the intrinsic validity of contracts. nationality.e. the party may apply the law expressly agreed upon by the parties or the law intended by the parties to govern their transactions. Absent any proof of the law of the proper state. and the administrator is appointed. lex fori of the RP again applies as to the procedural aspects. Alienation & encumbrance of property . Place of negotiation c. Place of contracting b.Law of the RP (if made in RP consulates) • Rule on Validation – parties entering into a contract upon equal terms intended their agreement to be binding. place of performance. The intrinsic validity of contracts including the • . the parties did not agree upon on which law shall apply. QuickTime™ and a TIFF (Uncompressed) decompressor are needed to see this picture. The location of the subject matter of the contract e. residence. the will must also be probated here. powers and obligations are coextensive with the qualifying of the appointing court – powers may only be exercised within the territorial jurisdiction of the court concerned. etc. i. Lex fori of the RP applies as to the procedural aspects. place of incorporation and place of business of the parties.. 16 (1)) The doctrine of estoppel may be invoked in case a party incapacitated to enter into a contract under his national law later invokes such law to evade his obligations. The lex intentionis may be inferred from the nationality of the parties. The SC held that in such instances. meaning the lex voluntatis or lex loci intentionis. NOTE: The parties may stipulate that the contract be governed by a specific law. interpretation of the instruments. and amount of damages for breach is governed by the proper law of the contract – lex contractus (in the broad sense). domiciliary. The domicile. the SC applied the doctrine of processual presumption. The Courts must uphold the Justified Page 264 of 297 • • 2. the capacity of the contracting parties are governed by the lex situs (Art. the will must be fully probated here and due execution must be shown. by the Court of the place where the deceased was domiciled at the time of death. • The rule on validation especially becomes significant in cases involving multi-states contacts and there is difficulty determining where exactly the contract has been celebrated. their residence. VCEPI v. • NOTE: these rules also apply to principal. Place of Performance d. CAPACITY TO ENTER INTO CONTRACTS • • • PHILIPPINE RULE: the capacity of the contracting parties is governed by their respective national laws. Although it has been probated abroad. EXCEPTION: In alienation and encumbrance of property. If the will is already probated abroad. The contacts to be taken into account in determining the applicable law to an issue are the ff: a. In this case. generally it is enough to ask for the enforcement here of the foreign judgment on the probate abroad.Lex situs (Article 16 [1]) 2. EXECUTORS AND ADMINISTRATORS 1. where the assets or properties of the deceased are found. Hence. and the law will give effect on their intent whenever it can do so under any law whose application the parties can be reasonably be assumed to have taken into account. INTRINSIC VALIDITY OF CONTRACTS 1. such will be recognized (lex loci intentionis) subject to the limitation that it is not against the law. morals and public policy of the forum and it must bear a substantive relationship to the transaction.Civil Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 • If the will is not yet probated abroad. or in the case of a non-domiciliary. Their rights. but instead of proving due execution. PROVIDED: The other party entered the contract in good faith. 2.

State-interest Analysis – This principle provides for the following methodology: a. nationality. 4.. which is transitory and follows the person committing the tortuous act and may be enforced wherever he may be found. place where the injury occurred b. OTHER THEORIES ON CAPACITY 1. In determining the state which has the most significant relationship. b. to see this picture. Choice of Forum Clause • Parties may stipulate on the venue of the suit in case of litigation concerning the contract. Lex nationalii (defect: this may impede commercial transactions) 3. MODERN THEORIES IN TORT LIABILITY 1. the liability and damages for torts are governed by Lex loci delicti (law of the place where the delict was committed) THE PLACE OF CHARACTERIZATION OF WRONG (locus delicti) 1. However. If Interested Forum – apply the law of such State which has greater interest in upholding its tort law.Civil Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 Expectations of the Party. Pakistan International Airlines v.e. are needed 3. OBLIGATION THEORY • The tortuous act gives rise to an obligation. ii. Lex loci solutionis (law of the place of performance) (defect: there may be several places of performance 4. Contracts with Arbitration Clause • Many courts apply to arbitration agreements the law of whatever place the parties have designated as governing. 1. thus a sustaining their QuickTime™ and TIFF (Uncompressed) decompressor agreement to arbitrate. Common law theory – looks to the place where the last event necessary to make an actor liable for an alleged tort occurs (where the injury is sustained) 2. 2. Determine false or spurious conflicts (i. or gross negligence. a case arising from a contract will be litigated in the forum chosen by the parties if the choice of the forum clause specifically identifies it as the only venue. Philippine Courts and agency may not be ousted of their jurisdiction. Lex loci celebrationis (defect: this makes possible the evasion of the national law) 2. domicile. Prof Minor’s solution: • Perfection – lex loci celebrationis • Cause or consideration – lex loci considerations • Performance – lex loci solutionis (defect: this theory combines the defect of the others) CHOICE OF LAW CONTRACT CASES ISSUES IN CONFLICTS CHAPTER 14: TORTS • As a general rule. If there is True Conflict: i. especially in cases where the national laws of the parties are incidental or without substantial connection to the contract. place of incorporation and place of business d. place of conduct causing the injury c. Special Contracts (Please Refer to Conflicts Table 1) . Civil law theory – view the situs of torts as the place where the tortuous act was committed. If Disinterested forum – Dismiss on the ground of Non Forum Conveniens. abuse of power. Theory of Most Significant Relationship – The applicable law shall be the law of the country which has the most significant relationship to the situation. Caver’s Principle of Preference – guideline on which rules on torts may be applied by States in absence of statutory provision: Page 265 of 297 4. 2. • When there is no fraud or overreaching. Ople – The Supreme Court held that where the relationship between the parties is affected with public interest and the multiple and substantive contacts of the contracts are with Philippine law. residence. place where relationship between the parties is centered 3. Adhesion Contracts • When there is no proof of arbitrariness. the contract or stipulation will be enforced. Doctrine of Elective Concurrence – Either the laws of the state where the actor engaged in his conduct and where the injury was incurred may be invoked. the clause must be given effect. internal laws of the different states have the same result or when only one state has an interest in applying its tort law. the following factors are to be taken into account: a. and there is no showing that the choice of forum clause would be unreasonable and unjust.

although committed by Philippine nationals abroad are punishable under the local law pursuant to the protective principle of criminal jurisdiction (ie.e. apply the law of such state. Maritime torts a. If the tort is committed aboard a public vessel. on the matter are identical. If the tort concerns property. the former law shall govern. Ascertain and weigh the purpose underlying the tort law of the forum. the law of the State of conduct and injury shall govern. crimes committed by state officials.Civil Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 a. 3. said law is the lex loci delicti commissi b. the lex loci delicti commissi is the general maritime law as understood and applied by the forum where the case is tried. Where the State of Injury provides for higher standard of conduct or financial protection against injury than the State where the tortious act was done. 4. • NOTE: the State where an injury has occurred has interest in compensating the injured party. b. the law of the flag is thus the lex loci delicti commissi. the country to which the vessel belongs is the locus delicti. the lex situs is usually also the lex loci delicti commissi. crimes committed on board a foreign vessel even if within the territorial waters of the coastal state. If the Tort law of the Philippines embodies a social or economic policy. crimes which. diplomatic representatives and officials of recognized international organizations (based on the theory of state immunity from suits) 2. c. THEORIES AS JURISDICTION TO WHAT COURT HAS GENERAL RULE: The essential elements of a crime and its penalties are generally determined by the law where the crime was committed (locus regit actum). said laws constitute the lex loci delicti commissi. the law of the flag is likewise the lex loci delicti commissi. Nationality theory – country which the criminal Page 266 of 297 . • EXCEPTIONS: 1. If the tort takes place aboard a private or merchant vessel on the high seas . Territoriality theory – where the crime was committed 2. the law of the former shall govern. as long as the effect of such crime does not affect the peace and order of the coastal state 3. d. if not also by the law of the place here redress is so ght CHAPTER IV: CRIMES PHILIPPINE RULE • Salonga suggests for the following methodology in solving Torts Problems in the Phils: a. Whereas. Where the State of injury and conduct provides for lower standard of conduct and financial protection than the home State of the person suffering the injury. Tolman – In order to successfully maintain an action of tort. the act which is the cause of the injury and the foundation of the action must at least be actionable or punishable by the law of the place in which it was done. SPECIAL RULES 1. the State where the aactor has acted QuickTime™ and TIFF (Uncompressed) decompressor has interest in regulating see thisconduct of persons are needed to the picture. CONDITIONS FOR THE ENFORCEMENT OF TORT CLAIMS • • • The tort is not penal in character If the enforcement of the tortious liability won’t contravene our public policy If our judicial machinery is adequate for such enforcement • 2. whether real or personal. if the vessels come from different states with different laws. whether on the high seas or in foreign territorial waters. found in its territory. or carry the same flag. c. Where the State in which the defendant has acted has established special controls over conduct of the kind in which defendant was engaged. then the law of the forum on Torts shall be applied. if the colliding vessels are of the same state. b. Art 2 of the RPC) 1. if the vessels come from different states. whose laws however. Le Forest v. Where the law in which the relationship has its seat imposed higher standard of conduct or financial protection than the law of the State of the injury. If the Philippines has no concern or interest in the application of the internal law and the other States have interest. the special controls and benefits must be applied although the State has no relationship to the defendant.

kind of stocks. or sedition NOTE: Other conspiracies are NOT penalized by our laws Libel Continuing crime Complex crime representations were made) Where the conspiracy was formed (not where the overt act of treason. where the aggressor wielded his homicide. etc. weapon) murder. EXCEPTION: Article 2 RPC. infanticide & parricide Where the intended victim was Attempted homicide. stresses the protective theory: a. where the crime was committed inside or outside its territory 4. b. Crimes against national security and the Law of the nations as defined in Title 1 Book of the RPC. Passive personality theory – the State of which the victim is a citizen or subject has jurisdiction NOTE: In the Philippines. Introduction into the country of the abovementioned obligations and securities. our penal laws apply only to crimes committed within the country. c.Civil Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 is citizen or a subject 3. Protective theory – any State whose national interests may be jeopardized has jurisdiction so that it may protect itself 5. transfer of stocks to bind the corporation. Cosmopolitan or universality theory – State where the criminal is found or which has his custody has jurisdiction 6. and perate public utilities unless 60% of capital if Filipino owned • For wartime purposes – we pierce the corporation veil & go to the nationality of the controlling stockholders to determine if the corporation is an enemy (CONTROL TEST) • Law of the place of incorporation FACTUAL SITUATION Powers and liabilities THE LOCUS DELICTI OF CERTAIN CRIMES Frustrated and Where the victim was injured (not consummated. (not where the aggressor was situated) – so long as the weapon or the bullet either touched him or fell inside the territory where he QuickTime™ and a decompressor TIFF was (Uncompressed) this picture. are needed to see Where the illegal marriage was Bigamy performed the property was Theft & Where unlawfully taken from the victim robbery (not the place to which the criminal went after the commission of the crime) Estafa or Where the object of the crime was swindling thru received (not where the false Formation of the corporation (requisites). we follow the territoriality theory in general. it is not deemed a Filipino corporation & therefore can’t acquire land. e. Forging or Counterfeiting any coin currency note of the Philippines. issuance. false representation Conspiracy to commit treason. rebellion or sedition was committed) Where published or circulated Any place where the offense begins. exploit our natural resources. exists or continues Any place where any of the essential elements of the crime took place CHAPTER XV: BUSINESS ASSOCIATIONS CORPORATIONS POINTS OF CONTACT General rule: the law of the place of incorporation Exceptions: • For constitutional purposes – even if the corporation was incorporated in the RP. rebellion. d. any offense committed in the exercise of their functions. or any obligation issued by the government. Offense committed while in a Philippine vessel or airship. Real theory – any State whose penal code has been violated has jurisdiction. amount Page 267 of 297 . Hence. While being public officers and employees.

officers. • EXCEPTIONS: a. • EXCEPTIONS: 1. Alteration or modification of the charter and the dissolution of the corporation. Piercing of Corporate Veil 2. Issuance. Law of the place of exploitation (exploitation centre or siege d’ exploitation) • Law of the place of incorporation & law of the place of performance (the act or contract must be authorized by BOTH laws) • Lex fori WHEN DOES THE PERSONAL LAW OF THE CORPORATION GOVERNS? 1. amount. Page 268 of 297 THEORIES ON THE PERSONAL AND/OR GOVERNING LAW OF CORPORATIONS: QuickTime™ and a 1. goodwill. Kinds of stocks allowed and transfer of stocks in a way that would be binding on the corporation 4. The internal organization of the corporate enterprise. is this act permitted by the law of the place where the act is done? 3. requisites for formation of the corporation and its legal character 2. powers & duties of members. 6. Exploration and Exploitation of Natural resources b. their relations inter se. Media c. The capacity and powers of the corporation: Note however that two questions should be asked in determining the legal effect of an act of a corporation: First. directors. stockholders and officers Validity of corporate acts & contracts (including ultra vires acts) Right to sue & amenability to court processes & suits against it Manner & effect of dissolution (center for administration or siege social) (center office principle) 3. 127 and 128 Corp. suit or proceeding in any court or administrative agency of the Philippines BUT it can be sued before any court or administrative tribunals on a valid cause (Sec.Civil Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 & legality & dividends. rules and regulations applicable to domestic corporations EXCEPT provisions for the creation. RIGHT TO BRING A SUIT • GENERAL RULE: if a corporation doing business in the country is not duly licensed or authorized to transact business in the Philippines. trade name. Domicile Receivers (appointment & powers) • Law of the place of incorporation provided that the public policy of the forum is not militated against • If not fixed by the law creating or recognizing the corporation or by any other provision – the domicile is where it is legal representation is established or where it exercises its principal functions (Article. 125. the rights and liabilities of shareholders. it cannot be permitted to maintain or intervene in any action. 15) • Principal receiver is appointed by the courts of the State of incorporation. Isolated transactions 2. and stockholders’ participation in the management and in the profits. Philippines. action to protect trademark. 126. Law of the place of incorporation – this is TIFF (Uncompressed) decompressor are being adhered to by the generally the rule needed to see this picture. is the corporation authorized by its charter to do the particular act? Second. 133 of Corp Code). (Secs. Wartime Rule d. members. members or officers of the corporation to each other. formation. and legality of dividends. ancillary receivers. Law of the place or center of management . 5. Code) • NOTE: all foreign corporations lawfully doing business here in the Philippines shall be bound by all laws. by the courts of any State where the corporation has assets (authority is COEXTENSIVE) w/ the authority of the appointing court PHILIPPINE JURISDICTION OVER FOREIGN CORPORATIONS • Consent doctrine – a foreign corporation will be recognized and will be allowed to transact business in any state which gives its consent. organization or dissolution of corporations or those which fix the relations and liabilities or duties of the stockholders.

validity & effect of the branches’ commercial transaction. i.Civil Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 patent or for unfair competition 3. & the jurisdiction of the court Dissolution. The term implies a continuity of commercial dealings and arrangements and contemplates. existence of legal the partnership. personality of the firm. However. & termination of branches in the RP Domicile RP law (law of the place where branches were created) (Article 15. the performance of acts and works or the exercise of some of the functions normally incident to. agreements fully transacted outside the Philippines 4. • • PARTNERSHIPS FACTUAL SITUATION POINTS OF CONTACT QuickTime™ and a The personal law The existence or non-(Uncompressed) decompressor of TIFF are needed to see this picture. winding up. jurisdiction over the local counter-part is not jurisdiction over the parent company. the law of the place the capacity to where it was created contract. A person who enters into a contract with a foreign corporation and receives benefits from the contract is estopped from setting up the failure of said corporation to comply with the requirements for doing business. the purpose and objective of its organization. thus obtaining its own juridical personality. Jurisdiction over a local counterpart may amount to jurisdiction on the parent company if the local counterpart is only a branch and is without separate juridical personality from the mother company and when such local counterpart is but a conduit or alter-ego of the parent company. Creation of branches in the RP. In case of Estoppel. A corporation is “doing business” when it is continuing the body or substance of the business or enterprise for which it was organized. and in progressive prosecution of. NOTE: A subsidiary is one which is incorporated separately from the mother company. Code of Commerce) If not fixed by the law creating or recognizing the partnership or by any other provision – the domicile is where it is legal representation is established or where it exercises its principal functions (Article. in order to avoid liability.e. liability of (Article 15 of the Code the firm & the partners of Commerce) to 3rd persons (Subject to the exceptions given above as in the case of corps.. if the local counterpart is a subsidiary with an entirely distinct personality. petition filed is merely a corollary defense in a suit against it 5.) Page 269 of 297 . to that extent. Code of Commerce) RP law (Article 15. 15) MULTI-NATIONAL CORPORATIONS • • Cluster of corporations of diverse nationalities joined together by ties of common ownership and responsive to a common management strategy.

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