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2005 CENTRALIZED BAR OPERATIONS

PRIVATE INTERNATIONAL LAW
Private International Law or Conflict of Laws  That part of the 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 or foreign laws. Elements: (1) Conflict of Laws is part of the municipal law of the State; (2) There is a directive to courts and administrative agencies; (3) There is a legal problem involving a foreign element; and (4) There is either an application or non-application of a foreign law or foreign laws. Nature of Conflicts Rules: It is a part of the national law of every state. 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.  Functions: 1. To provide rules in deciding cases where either the parties, events or transactions are linked to more than one state jurisdiction; 2. To promote stability and uniformity of remedies / solutions regardless of place of suit. PUBLIC International Law PRIVATE International Law
most highly qualified publicists Hague Convention on the Conflicts of law relating to the Form of Testamentary Dispositions) most highly Hague Convention qualified publicists on the Conflicts of law relating to the Form of Testamentary Dispositions) As to applicability 3. Governs rights Deals with rights and obligations of and obligations of States and their private individuals relationships among and their private themselves transactions which involve a foreign element As to persons involved 4. Governs only Governs individuals states and or corporations internationally recognized organizations As to transactions 5. Recognizes trans- Assumes control actions in which over transactions sovereign States are strictly private in interested nature As to remedies 6. In case of All remedies are violation of provided by International Law, municipal laws of the State may resort the State, such as to diplomatic resort to courts and protest, negotiation, administrative arbitration or tribunals adjudication by filing cases before international tribunals or may even resort to use of force or go to war

As to nature or character 1. International in National, municipal character as it or local in character applies in the international sphere As to sources 2. Custom, treaty Generally derived and general from the internal principles of law law of each state; recognized by except any conflict civilized nations and of laws question juridical decisions which is governed and teachings of the by a treaty (e.g.

 Sources: 1. Civil Codes of different countries 2. Constitution which contains principles on nationality and comity 3. Special statues (E.g. Corporation Code, General Banking Law, etc.) 4. Treaties and International conventions

2005 CENTRALIZED BAR OPERATIONS EXECUTIVE COMMITTEE AND SUBJECT CHAIRPERSONS Maricel Abarentos (Over-all Chairperson), Ronald Jalmanzar (Over-all Vice Chair), Yolanda Tolentino(VC-Acads), Jennifer Ang(VC- Secretariat), Joy Inductivo (VC-Finance), Elaine Masukat (VC-EDP), Anna Margarita Eres (VC-Logistics). Jonathan Mangundayao (Political Law), Francis Benedict Reotutar (Labor Law), Romuald Padilla (Civil Law), Charmaine Torres (Taxation Law), Mark David Martinez (Criminal Law), Garny Luisa Alegre (Commercial Law), Jinky Ann Uy (Remedial Law), Jackie Lou Bautista (Legal Ethics)

Judicial decisions 7. 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. voluntary appearance or b. or 3. a lack of comity towards foreign states. Rhodora Ferrer(Wills and Succession). Jurisdiction over the person of the defendant is acquired through: a. 2.CHAIRPERSON: Vida Bocar. Dismiss the case. Assume jurisdiction over the case and apply foreign law. quasi in rem. Minimum Contacts Test and Fundamental Fairness Test  Due process requires only that in order to subject a defendant to a judgment in personam. Long-arm Statutes  Statutes which specify the kinds of contacts upon which jurisdiction will be asserted over a defendant outside of state territory. Anthony Purganan(LTD). Ian Dominic Pua(Obligations and Contracts). Christopher Cabigao(Credit Transactions). III. John Stephen Quiambao(PAT). personal or substituted service of summons (section 6 and 7 Rule 14 of the Revised Rules of Court) II. jurisdiction over the defendant must be acquired by voluntary appearance or by personal/substituted service of summons. JURISDICTION OVER PROPERTY  Results either from the seizure of 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. Ways of Disposing of Conflicts Cases: 1. JURISDICTION OVER THE SUBJECT MATTER  The test of jurisdiction is whether or not the law vests upon the tribunal the power to enter upon the inquiry.  Theory of Comity – the application of foreign legal systems in cases involving foreign element is proper because their non-application would constitute a disregard of foreign sovereignties. Joyce Vidad EDP: Alnaiza Hassiman. International customs JURISDICTION I. NOTE: Summons by publication is authorized in three cases: 1. involves the personal status of the plaintiff Where the suit is in personam. However. 1.  This kind of jurisdiction is referred to as in rem jurisdiction in contrast to in personam jurisdiction  Another form of jurisdiction is quasi in rem which affects only the interests of particular persons in the thing. JURISDICTION OVER THE PERSON  Acquired by the voluntary appearance of a party and his submission to authority or by service of summons. 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. If the action is in rem. or 3. service by publication may be allowed in accordance with Sec 14. Ma. or 2. Alejandro Casabar(Property). Principle of forum non conveniens  A court may resist imposition upon its jurisdiction even when jurisdiction is authorized by law. Dorothy Gayon  SUBJECT HEADS: Christopher Rey Marasigan (Persons and Family Relations). Assume jurisdiction over the case and apply the law of the forum. either because of lack of jurisdiction or refusal to assume jurisdiction pursuant to the doctrine of forum non conveniens. Ligaya Alipao(Torts and Damages). Treatises. Ma. commentaries and studies of learned jurists 6.San Beda College of Law 267 MEMORY AID IN CIVIL LAW 5. or 2. Ricasion Tugadi (Conflicts of Law) . 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 of fair play and substantial justice.  In both in rem and quasi-in rem. Sha Elijah Dumama(Sales and Lease). Rule 14 of CIVIL LAW COMMITTEE Revised Rules of Court (defendant whose identity or whereabouts are unknown). The CHAIRPERSON: Romuald Padilla ASST.

Ronald Jalmanzar (Over-all Vice Chair). 3. b) c) d) e) f) g) h) an important public policy of the forum. Romuald Padilla (Civil Law). Yolanda Tolentino(VC-Acads). When the question involves immovable property of the forum. Where the foreign law is fiscal or administrative in nature. diplomatic official. GENERAL RULE: No rule of Private International Law would be violated if the courts should decide to dispose of all cases. Availability of compulsory process for attendance of unwilling witnesses c. 2. CHOICE OF LAW APPROACHES TO CHOICE OF LAW A. sovereign. Possibility of viewing the premises if appropriate e. Vested Rights Theory o Rights acquired in one country must be recognized and legally protected in other countries. or where a State has. Where the foreign law is procedural in nature.268 2005 CENTRALIZED BAR OPERATIONS reason given for refusal to assume jurisdiction is that to do so would prove inconvenient for the forum. Francis Benedict Reotutar (Labor Law). according to the internal law of the forum EXCEPTION: Where a foreign. Charmaine Torres (Taxation Law). Cost of obtaining and attendance of willing witnesses d.Secretariat). Ease of access to source of proof b. Jackie Lou Bautista (Legal Ethics) . Joy Inductivo (VC-Finance). or public vessel or property of another State is involved. Elaine Masukat (VC-EDP). Local Law Theory o In conflict problems. accepted limitations upon its jurisdiction over certain persons or things. Mark David Martinez (Criminal Law). Cavers' Principle of Preference o Choice of law should be determined by considerations of justice and social expediency and should not be the result of mechanical application of the rule or principle of selection. Where application of internal law is decreed. Traditional or Single-aspect method  theories which have traditionally concentra-ted on one element of a situation in order to connect a case to a particular legal community 1. Instances Justifying the Application of Internal Law to Conflicts Cases: 1. Public Interest a. 2. Administrative difficulties encountered when courts’ dockets are clogged b. 3. Where the foreign law is penal in nature. Jennifer Ang(VC. Anna Margarita Eres (VC-Logistics). and Where the application of foreign law would endanger the vital interests of the State. Where there is failure to plead and prove foreign law. expeditious and inexpensive 2. the court does not enforce a foreign law but a right created by its own law by treating a case as a purely domestic case that does not involve a foreign element. whether domestic or conflicts cases. Appropriateness of having the trial in a court familiar with the applicable state law. Other practical problems that make trial of the case easy. The forum will not apply before a law but will simply recognize the right vested by said law. Where the application of the foreign law would infringe good morality. Private Interest of the litigant a. Garny Luisa Alegre (Commercial Law). public and private interests should be weighed: 1.  In sustaining a plea of forum of non conveniens. by treaty. Where a case involves any of the exceptions to the application of foreign law: a) When the enforcement of the foreign law would run counter to 2005 CENTRALIZED BAR OPERATIONS EXECUTIVE COMMITTEE AND SUBJECT CHAIRPERSONS Maricel Abarentos (Over-all Chairperson). Jinky Ann Uy (Remedial Law). Jonathan Mangundayao (Political Law). Where the application of foreign law would involve injustice or injury to the citizens or residents of the forum.

” 1. such as a corporation. a will signed or a tort committed. such as the place where a contract has been made. Alejandro Casabar(Property). b. or is deemed to be situated. whether they are forum law or another state’s law as long as they make “good socioeconomic sense for the time the court speaks” and are sound in view of present day conditions. c.CHAIRPERSON: Vida Bocar. Comparative impairment  Calls for subordination of the state objective which would be least impaired. The place where the act is intended to come into effect. or the place where the power of attorney is to be exercised 6. a marriage celebrated. 3. Interest Analysis  Urges the resolution of conflict problems by looking at the policy behind the laws of the involved states and the interests each state had in applying its own law. 5. Dorothy Gayon  SUBJECT HEADS: Christopher Rey Marasigan (Persons and Family Relations). Place of the Most Significant Relationship  Adopts an approach which identifies a plura-lity of factors that must be considered in the light of choice of law principles. Choice-influencing Considerations  Courts will prefer rules of law. advancement of forums interests. 4. The situs of a thing. maintenance of interstate and international order. 6. application of better rule law. the lex loci intentionis 7. his domicile. Joyce Vidad EDP: Alnaiza Hassiman. In particular. The seat of legal or juridical person. and CIVIL LAW COMMITTEE e. The lex loci actus is particularly important in contracts and torts. Christopher Cabigao(Credit Transactions). that is the place where the thing is. Functional Analysis  Looks into the general policies of the states (beyond those reflected in its substantive laws) and to policies or values relating to effective and harmonious intercourse between states 5. the locus actus. Sha Elijah Dumama(Sales and Lease). The intention of the contracting parties as to the law that should govern the agreement. 2. predictability of results. his residence. The nationality of a person. d. TEST FACTORS OR POINTS OF CONTACT  Circumstances which may serve as the possible test for the determination of applicable law  The most important of these points are the following: 1. Convenient Theory (forum conveniens)  the application of a foreign law in such a convenient forum. 2. the place of performance of contractual duties. his place of sojourn. the lex situs is decisive when real rights are involved. are analyzed and the applicable law is arrived at by “rationally elaborating and applying the policies and purposes underlying the particular legal rules that come in question as well as the needs of the interstate or international intercourse. 4. Ian Dominic Pua(Obligations and Contracts). Modern or Multi-aspect method  approach where all the important factors of the case both territorial and non-territorial. 3. which implies a susbstantial connection with a given conflict problem “must be analytically understood as an exception from the basic rule calling for the application of the lex fori”.  These are five major choiceinfluencing considerations which would lead the courts to the choice-of-law decisions in a given case: a. The lex fori – the law of the forum – because matters of procedure not going to the substance of the claim involved are governed by it. The place where judicial and administrative proceedings are instituted or done. The place where an act has been done. Ma.San Beda College of Law 269 MEMORY AID IN CIVIL LAW B. John Stephen Quiambao(PAT). Anthony Purganan(LTD). simplification of judicial task. Ligaya Alipao(Torts and Damages). and because lex fori applies CHAIRPERSON: Romuald Padilla ASST. Ma. Ricasion Tugadi (Conflicts of Law) . Rhodora Ferrer(Wills and Succession). or his origin.

Statute of limitations a. The problem of classification 2. Mark David Martinez (Criminal Law). Procedural . Jackie Lou Bautista (Legal Ethics) . permits the courts to arrive at a functionally sound result without rejecting the methodology of the traditional approach II.when the limitation was directed to the newly created liability specifically to warrant a qualification of the right (specificity test). b. 2. but if procedural. 17).Secretariat). The flag of the ship. Jinky Ann Uy (Remedial Law). The characterization of the “point of contact” or the “connecting factor” 3.\ Statute of Limitations and Borrowing Statutes 1. Statute of Frauds a. Jennifer Ang(VC.if it operates to bar only the legal remedy without impairing the substantive right involved.  Allows the other relevant interests of the parties to be addressed. particularly contracts of affreightment NOTE: The Philippines follows the Single-aspect method and our conflicts rules are mostly found in the Civil Code (Article 15. Depecage  The phenomenon where the different aspects of the case involving a foreign element may be governed by different systems of law. Three stages in Characterization: 1. 2. courts have resorted to characterization and renvoi which operate as “escape devices” 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. Charmaine Torres (Taxation Law). The extent of the application of the law that is chosen as applicable to the conflicts case  2 Types of Characterization: 1. 2005 CENTRALIZED BAR OPERATIONS EXECUTIVE COMMITTEE AND SUBJECT CHAIRPERSONS Maricel Abarentos (Over-all Chairperson). Garny Luisa Alegre (Commercial Law). consistent with the traditional approach to choice of law. It has the practical effect of treating the foreign statute of limitation as one of substance. forum law. To avoid these.270 2005 CENTRALIZED BAR OPERATIONS whenever the content of the otherwise applicable law is excluded from application in a given case for the reason that it falls under one of the exceptions to the application of the foreign law 8. Substantive . Ronald Jalmanzar (Over-all Vice Chair). I. Subject Matter Characterization – calls for the classification of a factual situation into a legal category. which in many cases is decisive of practically all legal relationships of the ship and of its master or owner as such. The difficulty in following these territorially rigid rules is the inherent rigidity and unjust decisions that may result in its application. Elaine Masukat (VC-EDP). Jonathan Mangundayao (Political Law). Substantive . Joy Inductivo (VC-Finance).if the words of the law relate to forbidding the obligation.if the law forbids the enforcement of the obligation. These rules specify the geographical location from where the governing law is found. Anna Margarita Eres (VC-Logistics). Romuald Padilla (Civil Law). Yolanda Tolentino(VC-Acads). b. It also covers contractual relationships. apply foreign law. NOTE: If issue is substantive. 16. Substance-Procedure Dichotomy – directs to what extent the court will apply foreign law. Borrowing statute  directs the state of the forum to apply the foreign statute of limitations to the pending claims based on a foreign law NOTE: the characterization of a statute of limitation into procedural or substantive becomes irrelevant when the country of the forum has a borrowing statute. Procedural . Francis Benedict Reotutar (Labor Law).

NOTE: Personal law governs a person wherever he goes.  proceeds from the theory that the basic law is the law of the forum and when the claimed applicable foreign law is not proved. Rhodora Ferrer(Wills and Succession). or in the absence thereof. Joyce Vidad EDP: Alnaiza Hassiman. By pleading and proof a. vice consul. or the nationality of the country with which in the circumstances he appears to be in fact most closely connected. Written law i. Copy attested by officer having legal custody plus a certificate with seal from secretary of embassy. Thus. Alejandro Casabar(Property). Dorothy Gayon  SUBJECT HEADS: Christopher Rey Marasigan (Persons and Family Relations). capacity. To conclude that the parties who fail to introduce proof as to the content of a foreign law acquiesce to the application of the forum law. Dual or Multiple Citizenship  This arises from the concurrent application of jus soli and jus sanguinis a.” 2. legation. consul general. consular agent or any officer in the foreign service of the Philippines stationed in the foreign country to the effect that said officer has custody (Section 24 Rule 132 of the Revised Rules of Court) b. Article 15 of the Civil Code provides that Laws relating to family rights and duties. his additional foreign nationality is disregarded b. Ma. Ian Dominic Pua(Obligations and Contracts).  It is for each State to determine who are its nationals (Hague Convention). Ligaya Alipao(Torts and Damages). the law most consistently applied is that of the country of which the person is not only a national but where he also has his domicile or habitual residence. he is usually considered by the forum as exclusively its own national.  Problems in Applying the Nationality Principle 1. Judicial Notice (when the laws are already within the actual knowledge of the court. condition. the Philippine Constitution enumerates those who are citizens of the Philippines. Christopher Cabigao(Credit Transactions). Presumption that the foreign law is the same as the law of the forum (Doctrine of Processual Presumption) PERSONAL LAW  The law which governs persons.San Beda College of Law 271 MEMORY AID IN CIVIL LAW PROOF OF FOREIGN LAW 1. In matters of status. etc. Escolin 56SCRA266) 3. then the court has no reason to displace the basic law 4. Unwritten law – by testimony of experts or writings of jurists 2. such as when they are well and generally known or they have been actually ruled upon in other cases before it and none of the parties concerned claim otherwise PCIB vs. legal condition.CHAIRPERSON: Vida Bocar. to the law of their temporary residence. even though living abroad. Sha Elijah Dumama(Sales and Lease). his residence. of the nationalities which any such person possesses. and legal capacity of persons are binding upon Filipino citizens. By official publication ii. and in default thereof. NOTE: Hague Convention on Conflict of Nationality Laws formulated the following principle in Article 5: “… a third state shall. Statelessness  Stateless persons are generally subject to the law of their domicile or habitual residence. A. or to the status. Nationality Law Theory  The Philippines adheres to the nationality law theory. The personal law of an individual is either his national law or the law of his place of domicile. Ricasion Tugadi (Conflicts of Law) . civil status. In case the litigation arises in a third country. recognize exclusively in its territory either the nationality of the country of which he is habitually and principally resident. Anthony Purganan(LTD). consul. John Stephen Quiambao(PAT). Ma. CIVIL LAW COMMITTEE CHAIRPERSON: Romuald Padilla ASST.

5. such as commission of a crime. minors. If born in a country which recognizes only the principle of jus sanguinis of parents whose law recognizes only the principle of jus soli. to abandon a domicile. A person cannot have 2 simultaneous domiciles. Anna Margarita Eres (VC-Logistics). the conflict of laws rule of which. Garny Luisa Alegre (Commercial Law). Domicile of Choice (voluntary domicile)  place freely chosen by a person sui juris  to acquire domicile of choice.g. our Civil Code follows the nationality principle when dealing with Filipinos. Charmaine Torres (Taxation Law). it depends on which principle their country follows but if the alien is in the Philippines. Joy Inductivo (VC-Finance). d. To acquire a domicile a fresh domicile. Yolanda Tolentino(VC-Acads). there must be a concurrence of physical presence in the new place and unqualified intention to make that place one’s home.  When dealing with aliens. residence in a new place and intention to abandon the old place must concur Legal Classification of Domicile 1. residence and intention must concur. mentally disabled) 3. NOTE: Convention on the Reduction of Statelessness adopted in 1961 mandates that the jus sanguini country grant its nationality to a person born within its territory if he would otherwise be stateless. c. Francis Benedict Reotutar (Labor Law). Deprived of his citizenship for any cause. Jackie Lou Bautista (Legal Ethics) . Constructive Domicile  a domicile assigned by operation of law to persons legally incapable of choosing their own domicile (e. No person shall be without domicile 2. Domicile of origin  Person’s domicile at birth  Legitimate child’s domicile of origin is that of his father and an illegitimate child’s is that of his mother  Upon emancipation. RENVOI  A procedure whereby a legal matter presented is referred by the conflict of laws rules of the forum to a foreign state. B. PERSONAL STATUS & CAPACITY  In the determination of status and capacity of persons. Jonathan Mangundayao (Political Law). 3.  It literally means a “referring back” 4 Ways of Treating the Renvoi Problem 1. The burden of proof is on the one who alleges that a change of domicile has taken place. NOTE: The forum determines domicile according to its own standards. Every natural person. may change his domicile at pleasure. Jinky Ann Uy (Remedial Law). Voluntary release from his original state. Renounciation of one’s nationality by certain acts. 6. in turn refers the matter back to the law of the forum (remission) or a third state (transmission). Ronald Jalmanzar (Over-all Vice Chair). General Rules on Domicile: 1. the child may acquire a domicile of choice 2. express or implied. it is deemed to mean only the 2005 CENTRALIZED BAR OPERATIONS EXECUTIVE COMMITTEE AND SUBJECT CHAIRPERSONS Maricel Abarentos (Over-all Chairperson). The presumption is in favor of the continuance of domicile. Romuald Padilla (Civil Law). Jennifer Ang(VC. Rejection  If the conflicts rules of the forum refer the case to the law of another state. and the jus soli country to extend its nationality to a person who would otherwise be considered stateless when one of his parents is a citizen of the contracting state. the nationality theory is applied by implication. 4. as long as he is free and sui juris. b. to retain an existing domicile. Domicile once acquired is retained unless a new one is gained. condition. Mark David Martinez (Criminal Law). and capacity are determined by his physical location. Domiciliary Theory  The individual’s private rights.272 2005 CENTRALIZED BAR OPERATIONS  A person may become stateless by the following means: a. Elaine Masukat (VC-EDP).Secretariat). status. either residence there or intention to remain must be present.

status. GENERAL RULE: a. questions of family rights. MARRIAGE 1. governs the questions of intrinsic validity of marriages between the Filipinos abroad. b. Mutual 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. Transmission  It is the process of applying the law of a foreign state through the law of a second foreign state.San Beda College of Law 273 MEMORY AID IN CIVIL LAW 2. Void marriages by reason of public policy. FAMILY RELATIONS  Under the New Civil Code. All marriages solemnized outside the Philippines. in adopting the foreign court theory. Marriages where either spouse is psychologically incapacitated. shall also be valid in this country (Article 26 Family Code). The forms and solemnities of contracts. CHOICE OF LAW PROBLEMS I. All states recognize as valid those marriages celebrated in foreign countries if they comply CIVIL LAW COMMITTEE CHAIRPERSON: Romuald Padilla ASST. wills and other public instruments. Alejandro Casabar(Property). the local court will apply local law. the national law of Filipinos. Ma. the court will recognize the referral back and apply local law. A subsequent marriage performed without recording in the Civil Registry the judgment of annulment or declaration of nullity. f.   4. Extrinsic validity . e. Joyce Vidad EDP: Alnaiza Hassiman. Since the personal law of the parties. and valid there as such. it is deemed to include the totality of the foreign law (internal law and conflicts of laws rules). shall be governed by the laws of the country in which they were executed (Article 17 Civil Code). Anthony Purganan(LTD). b. with the formalities prescribed therein (Hague Convention). Acceptance If the conflicts rules of the forum refer the case to the law of another state. partition and distribution of properties and the delivery of the children’s presumptive legitimes.governed by lex loci celebrationis. the above enumerations are exceptions to lex loci celebrationis precisely because they are controlled by lex nationalii Double Renvoi  It is that which occurs when the local court. d.. Ma. Dorothy Gayon  SUBJECT HEADS: Christopher Rey Marasigan (Persons and Family Relations).  internal law of that state. When either or both parties are below 18 years of age even with parental consent. c. discovers that the foreign court accepts the renvoi. NOTE: These exceptions put into issue the capacity of the parties to enter into the marriage and therefore relate to the substantive requirement for marriage. and g. Ian Dominic Pua(Obligations and Contracts). Ricasion Tugadi (Conflicts of Law) . Ligaya Alipao(Torts and Damages). Thus. Rhodora Ferrer(Wills and Succession). Christopher Cabigao(Credit Transactions). conditions and capacity are governed by lex nationalii.CHAIRPERSON: Vida Bocar. Bigamous and polygamous marriages. Sha Elijah Dumama(Sales and Lease). in accordance with the laws in force in the country where they were solemnized. the court will apply the foreign law. Thus. Incestuous marriages. duties. e. Hence. This has the same result as the acceptance of the renvoi doctrine but the process used by the forum court is to desist applying the foreign law Foreign Court Theory Forum court assumes the same position that the foreign court would take if the case is litigated in the foreign state. John Stephen Quiambao(PAT). EXCEPTIONS: The following are void marriages in the Philippines even if valid in the foreign country where celebrated: a. A. c.g.  3. Mistake as to identity of a contracting party.

Property relations between the spouses  The Hague Convention declares that the governing law on matrimonial property regime is: a. Proxy marriages GENERAL RULE: where permitted by the law of the place where the proxy participates in the marriage ceremony. Elaine Masukat (VC-EDP). are entitled to recognition in countries adhering to lex loci celebrationis rule. 2. 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.Secretariat). Where both spouses are aliens. (Article 80 Family Code) Doctrine of Immutability of Matrimonial Property Regime  That the change of the nationality on the part of the husband or the wife or of both does not affect the original property regime EXCEPT 2005 CENTRALIZED BAR OPERATIONS EXECUTIVE COMMITTEE AND SUBJECT CHAIRPERSONS Maricel Abarentos (Over-all Chairperson). at least insofar as formal validity is concerned. generally the national law of the husband may prevail as long as said law is not contrary to law. Consular marriages  for states. Charmaine Torres (Taxation Law). the rule is that compliance with this law is required for a marriage to be validly contracted 4. Marriage on board a vessel on High seas  since nation whose flag the ship is flying has jurisdiction over the ship. 2. The internal law designated by the spouses before the marriage b. which authorize their consular or diplomatic agents in foreign countries to solemnize marriages in accordance with their domestic laws  marriage performed by a consular and diplomatic agent empowered by the sending state to officiate marriage is valid in the receiving state only if the latter has agreed to his acting in that capacity. Ronald Jalmanzar (Over-all Vice Chair). it is doubtful whether this will be recognized here. Romuald Padilla (Civil Law). it is given recognition in sister States which do not permit this informal method of entering into the marital status NOTE: common law marriages are not recognized under the Philippine internal law 3. Joy Inductivo (VC-Finance). Common law marriages GENERAL RULE: if valid in the State where the parties cohabitated while holding themselves out as man and wife. Jackie Lou Bautista (Legal Ethics) . Jennifer Ang(VC. 2. 2. Garny Luisa Alegre (Commercial Law). Yolanda Tolentino(VC-Acads). customs and good morals of the forum. NOTE: Internal Philippine law does not sanction proxy marriages. Jinky Ann Uy (Remedial Law). In the absence thereof. regardless of the place of the celebration of the marriage and their residence. Mark David Martinez (Criminal Law). Jonathan Mangundayao (Political Law).controlled by the parties’ personal laws (either domiciliary or nationality). including the Philippines (Article 10 Family Code). With respect to the extrinsic validity of contracts entered into in the Philippines but affecting property situated in a foreign country whose laws require different formalities for their extrinsic validity.  This rule shall not apply: 1. Personal relations between the spouses  governed by the national law of the parties NOTE: if the spouses have different nationalities. the internal law of the state in which the spouses fix their 1st habitual residence  Philippine Rule on property relations:  In the absence of a contrary stipulation in the marriage settlements. Effects of Marriage 1. Anna Margarita Eres (VC-Logistics). and 3. the property relations of the spouses shall be governed by Philippine laws. Intrinsic validity .274 2005 CENTRALIZED BAR OPERATIONS Rules on Extrinsic Validity of certain situations: 1. Francis Benedict Reotutar (Labor Law).

NOTE: However. Father’s personal law could grant parental authority to the mother of the illegitimate children (e. Ian Dominic Pua(Obligations and Contracts). D. at least sixteen years older than the adoptee. no conviction of any crime involving moral turpitude. Ligaya Alipao(Torts and Damages). Article176 Family Code) E. Ma. 7. Family Code). emotionally and psychologically capable of caring for children. in the case of Tecson vs. his country has diplomatic relations with the Philippines. Christopher Cabigao(Credit Transactions). 161434. PARENTAL RELATIONS Determination of Legitimacy of a Child  Legitimacy of the child is governed by the personal law of the parents (either domiciliary or nationality). 2. the Supreme Court held that providing neither conditions nor distinctions. the property regime has to change accordingly. 5. Parental Authority over the Child  Personal law of the father controls the rights and duties of parents and children NOTE: Reference to the personal law of the father may result in joint exercise of parental authority by father and mother (e. C. ANNULMENT AND DECLARATION OF NULLITY 1.  Grounds for divorce are dictated by lex fori. DIVORCE AND SEPARATION  Hague convention provides that the granting of 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.  If parents belong to different nationalities. Sha Elijah Dumama(Sales and Lease). an alien may adopt provided that he is: 1. Anthony Purganan(LTD). Rhodora Ferrer(Wills and Succession). the Filipino spouse shall have capacity to remarry under Philippine law (Article 26. For states that are policy-centered applicable law is the law of the state of marital domicile.g. 4. residence in the Philippines for at least three continuous years prior to the filing of the application for adoption and CIVIL LAW COMMITTEE CHAIRPERSON: Romuald Padilla ASST.  Personal law of the illegitimate child is the mother’s personal law. March 3. Alejandro Casabar(Property).San Beda College of Law 275 MEMORY AID IN CIVIL LAW when the law of the original nationality itself changes the marital regime hence. For states that follow the traditional approach – grounds would follow lex loci celebrationis. Ricasion Tugadi (Conflicts of Law) . 6. Article 221 Family Code). B. the 1935 Constitutions states that among the citizens of the Philippines are those whose fathers are citizens of the Philippines. EXCEPTION: 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. John Stephen Quiambao(PAT).  If the child is later legitimated. 2004). in a position to support and care for his children. GENERAL RULE: We only observe relative divorce (legal separation) in the Philippines. Divorce decrees obtained by Filipinos abroad have no validity and no effects thereof are recognized in this jurisdiction. of good moral character. Philippine rule:  The legitimacy of the child is governed by the national law of the parents. ADOPTION  Under the Domestic Adoption Act of 1998.CHAIRPERSON: Vida Bocar.g. Ronald Allan Kelly Poe and Fornier (GR No. 8. 2. 9. The 1935 Constitution confers citizenship to all persons whose fathers are Filipino citizens regardless of whether the children are legitimate or illegitimate. legitimacy of the child is governed by the national law of the father. Dorothy Gayon  SUBJECT HEADS: Christopher Rey Marasigan (Persons and Family Relations). Ma. 3. Joyce Vidad EDP: Alnaiza Hassiman. COMELEC. personal law of the child follows that of the father. of legal age. in possession of full civil capacity and legal rights.

C. Immovable property – governed by lex situs. Joy Inductivo (VC-Finance). Jennifer Ang(VC. or c. and 11. Jinky Ann Uy (Remedial Law). Garny Luisa Alegre (Commercial Law). the spouse of the adoptee’s parent  Inter-Country Adoption  A socio-legal process of adopting a Filipino child by a foreigner or a Filipino citizen permanently residing abroad where the petition is filed. his government allows the adoptee to enter his country as his adopted son/daughter  The requirement on residency and certificate of qualification to adopt may be waived for the following: a.  The requirement of sixteen years difference between the adopter and the adoptee is not applicable if the adopter is: i.276 2005 CENTRALIZED BAR OPERATIONS maintains such residence until the adoption decree is entered. Mark David Martinez (Criminal Law). Ronald Jalmanzar (Over-all Vice Chair).Secretariat). certificate of legal capacity to adopt in his country to be issued by his diplomatic or consular office. which may be lex intentionis or lex voluntatis. lex loci actus – law of the place where the transaction is completed. c. Charmaine Torres (Taxation Law). EXCEPTIONS: 1. one who seeks to adopt the legitimate son/daughter of his/her Filipino spouse. PROPERTY A. Francis Benedict Reotutar (Labor Law). Mortgage of the land is governed by lex situs b. Elaine Masukat (VC-EDP). Testate or intestate succession or capacity to succeed – governed by the national law of the decedent. proper law – law of the state which has the most real connection with the transfer. Where the transaction does not affect transfer of title or ownership of the land  proper law of the transaction will govern. 3. CAPACITY TO TRANSFER OR ACQUIRE PROPERTY  governed by lex situs. lex domicilii – law of the owner’s domicile. EXTRINSIC AND INTRINSIC VALIDITY OF CONVEYANCES GENERAL RULE: Governed by lex situs. Philippine Rule:  Real property as well as personal property is subject to the law of the country where it is situated (lex situs). the biological parent of the adoptee ii. Anna Margarita Eres (VC-Logistics). 2. Romuald Padilla (Civil Law). (Article 16 Civil Code). one who is married to a Filipino citizen and seeks to adopt jointly with his/her spouse a relative within the fourth (4th) degree of consanguinity or affinity of the Filipino spouse. Yolanda Tolentino(VC-Acads). B. When real property is offered by way of security for the performance of an obligation: a. CONTROLLING LAW 1.the law of the place where the property is located. 2.  Rationale for lex situs or lex rei sitae rule: the property being physically part of the country should be subject to the laws thereof. 2005 CENTRALIZED BAR OPERATIONS EXECUTIVE COMMITTEE AND SUBJECT CHAIRPERSONS Maricel Abarentos (Over-all Chairperson). b. d. II. Jonathan Mangundayao (Political Law). Jackie Lou Bautista (Legal Ethics) . or b. 10. a former Filipino citizen who seeks to adopt a relative within the fourth (4th) degree of consanguinity or affinity. Movable property – may be governed by: a. Loan contract is governed by rules of ordinary contracts. the supervised trial custody is undertaken. and the decree of adoption is issued outside the Philippines. lex situs .

i. D. c. Corporate shares – as against the corporation and third persons. Debts i. in case of sea going vessels – the law of the flag . Ma. 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. statutory liens) – governed by lex situs  Rules governing goods in transitu: a.g. Law of the last real situs of goods  Rules governing Means of Transport: a. interim port) 2. Negotiable instrument – governed by the law of the place indicated in the instrument or place of delivery. The owner is thus permitted to choose between several legal systems: 1.e. Rhodora Ferrer(Wills and Succession). Joyce Vidad EDP: Alnaiza Hassiman.United Kingdom) – the place of registry. with respect to the particular issue. Law of the place of destination 4. or a similar right or what pertains to that right. Dorothy Gayon  SUBJECT HEADS: Christopher Rey Marasigan (Persons and Family Relations).g.San Beda College of Law 277 MEMORY AID IN CIVIL LAW 4. acquisition by prescription or adverse possession.g. in any country in which the debtor is present or can be served effectively with process. the result is that the transport is discontinued and a temporary resting place is thereby created. 2. Under a policy centered approach. Involuntary transfer of choses in action (e. Ligaya Alipao(Torts and Damages). acquisitions of title by operation of law (e. Ma. Anthony Purganan(LTD). NOTE: Jurisdiction to which the garnishee is amenable is the jurisdiction of the country where the debt can be recovered. Seizure and arrest – Where the owner’s creditor’s seize the goods in transit. b. when the situs of the movable at the time of the transfer was insignificant or accidental. When the issue involves consideration other than the validity and effect of the transfer – the court may look into the law of another state which has a real interest in applying its law. privilege. has the most significant relationship to the parties. b.. On the law of this place will depend on whether the seizure was lawful or whether he has acquired a lien. Alejandro Casabar(Property). pledge. Lex loci actus 3. Law of the temporary resting place (e. Sha Elijah Dumama(Sales and Lease). Disposition of goods – questions arising from transactions involving movables in transit may be resolved by law of any place having substantial connection with the CIVIL LAW COMMITTEE transaction which will uphold its validity.CHAIRPERSON: Vida Bocar. or b. 5. John Stephen Quiambao(PAT). Ian Dominic Pua(Obligations and Contracts). Choses in possession (tangible physical objects) GENERAL RULE: governed by the law of the place where the property is located at the time of transaction determines the creation and the transfer of interests (lex situs)  Rules governing different kinds of transfers: a. CHAIRPERSON: Romuald Padilla ASST. b.governed by the law of the state where jurisdiction is effectively exercisable against the garnishee. levies of execution. garnishment) . validity and priority of attachments. Choses in action (intangible movables) a. SPECIAL TYPES OF MOVABLE PROPERTY 1. Voluntary transfer or assignment of choses in action . as in states consisting of several countries (e. the transfer or assignment are governed by the law of the place of incorporation. Ricasion Tugadi (Conflicts of Law) . Christopher Cabigao(Credit Transactions).there are 3 theories as to the law which should govern: a) Law of the domicile of the owner b) Law of the place where the assignment was executed c) Law of the place where the debt is recoverable ii.g.

law of the place of performance or lex loci solutionis c. Contracts with Arbitration Clause  In the Philippines. c. Special Contracts a. morals. Simple loan granted by financial institutions – law of the permanent place of business. the contract or stipulation will be enforced. Elaine Masukat (VC-EDP). Garny Luisa Alegre (Commercial Law). law of the place where the contract is made or lex loci contractus b. Adhesion Contracts  Adhesion contracts are not entirely prohibited. 2. law intended by the parties or lex loci intentionis Philippine rule:  The contracting parties may establish such stipulations. a Philippine court may be justified in refusing to apply the contract or a stipulation thereof on the ground that there is no real arm’s-length transaction between the contracting parties. Charmaine Torres (Taxation Law). Sale or Barter of goods – governed by lex situs. However. 4. the clause must be given effect. Ronald Jalmanzar (Over-all Vice Chair). if he adheres. Jackie Lou Bautista (Legal Ethics) . B.  In the absence of an effective choice of law. clauses. when the parties stipulate that the contract be governed by the specific law.Secretariat). The one who agrees to the contract is in reality free to reject it entirely. Jonathan Mangundayao (Political Law).  when there is no fraud or overreaching. Francis Benedict Reotutar (Labor Law). by the law which has the closest and most substantial connection with the transaction and the parties C. with respect to the particular issue involved. terms. less expensive and with greater chance in some cases for substantial justice.governed by the law of principal place of business. Yolanda Tolentino(VC-Acads). 2005 CENTRALIZED BAR OPERATIONS EXECUTIVE COMMITTEE AND SUBJECT CHAIRPERSONS Maricel Abarentos (Over-all Chairperson). Goodwill . or gross negligence. 3. b. Romuald Padilla (Civil Law). he gives his consent. morals and public policy of the forum. conditions as they may deem convenient provided that they are not contrary to law. Anna Margarita Eres (VC-Logistics). abuse of power.278 2005 CENTRALIZED BAR OPERATIONS d.  When there is no proof of arbitrariness. Capacity to enter into contracts – determined by the personal laws of the contracting parties (either nationality or domiciliary) D. or public policy (Article 1306 Civil Code) NOTE: Hence. express or implied. CONTRACTS A. good customs. thus sustaining their agreement to arbitrate. Mark David Martinez (Criminal Law). a case arising from a contract will be litigated in the forum chosen by the parties if the choice of forum clause specifically identifies it as the only venue.  Many courts apply to arbitration agreements the law of whatever place the parties have designated as governing. the provisions of the Civil Code on arbitration and the arbitration law RA 876 embodies a clear legislative policy in favor of settling controversies by a method considered more expeditious. and has been fairly and freely agreed upon. such will be recognized (lex loci intentionis) subject to the limitation that it is not against the law. Extrinsic validity – governed by lex loci celebrationis. Jennifer Ang(VC. Jinky Ann Uy (Remedial Law). the contract will be governed. Loan granted by a private individual or where subject matter of loan is personal – law where the loan was obtained. public order. and there is no showing that the choice-of –forum clause would be unreasonable and unjust.  When there is an oppressive use of superior bargaining power. Choice of law issues in Conflicts Contract Cases 1. Joy Inductivo (VC-Finance). III. Intrinsic validity – there are 3 possible laws that govern: a. Such contract is valid if it is reasonable and just under the circumstances. Choice of Forum Clause  parties may stipulate on the venue of the suit in case of litigation concerning the contract.

 the passenger or representative can take action only against the carrier who performed the transportation during which the accident or delay occurred.  liability of carrier for loss destruction and deterioration of goods transported to the Philippines from a foreign country is governed primarily by the Civil Code and not by Warsaw Convention. court of the place of destination the action will prescribe if it is not brought within two years from the: 1. John Stephen Quiambao(PAT). or for some particular or exceptional type of damage. Joyce Vidad EDP: Alnaiza Hassiman. whether in an airport or in any place. IAC and Pablo 192SCRA9)  period of responsibility includes the time during which baggage or goods are in the charge of the carrier.000 (Alitalia vs. court of the principal place of business of the carrier 3. Alejandro Casabar(Property).CHAIRPERSON: Vida Bocar. Sha Elijah Dumama(Sales and Lease). International Air Transportation – governed by the Warsaw Convention NOTES:  Convention applies to all international carriage of person.  It does not operate as an exclusive enumeration of instances when a carrier shall be liable for breach of contract or as an absolute limit of the extent of liability nor does it regulate or exclude liability for other breaches of contract by the carrier. Anthony Purganan(LTD). date on which the transportation stopped NOTE: the method of counting the period of limitation is determined by the law of the forum (lex fori) With respect to transportation by successive carriers:  each of the carrier who accepts the passengers or baggage shall be subject to the rules set out in the convention and shall be deemed as one of the contracting parties insofar as the contract deals with that part of the transportation which is performed under his supervision. Rhodora Ferrer(Wills and Succession). court of the domicile of the carrier 2. Chattel mortgage.  the limit of liability for baggage lost is $1. Ma.San Beda College of Law 279 MEMORY AID IN CIVIL LAW d. Foreign ports to Philippine ports  Civil Code – primary law  Code of Commerce  Carriage of Goods by Sea Act f. Pledge. unless by express agreement the first carrier CHAIRPERSON: Romuald Padilla ASST. Transportation by Sea: i. Ian Dominic Pua(Obligations and Contracts). Ricasion Tugadi (Conflicts of Law) . Ma. date of arrival at the destination 2. provided that it is proved that the servant or agent is acting within the scope of the employment. misconduct of its employees. It does not apply to carriage of mail and postal packages. Ligaya Alipao(Torts and Damages). antichresis – lex situs. Christopher Cabigao(Credit Transactions). Philippine ports to Foreign ports – law of the country of destination ii. court where the carrier has a place of business through which the contract was made 4. Dorothy Gayon  SUBJECT HEADS: Christopher Rey Marasigan (Persons and Family Relations). suits may be prosecuted in any of the following places at the option of the plaintiff-passenger: 1. baggage or goods performed by aircraft for hire. e.  limits of liability shall not apply if it is proved that the damage resulted from an act or CIVIL LAW COMMITTEE    omission of the carrier his servants or agents done with intent to cause damage or recklessly and with knowledge that damage would probably result. date on which the aircraft ought to have arrived 3. whatsoever.000 and for death of passenger is at $100.

Revocation of wills  If the revocation takes place in the Philippines. will is executed in the Philippines – Philippine law ii. Jackie Lou Bautista (Legal Ethics) . law of the place where the will was made. Law governing the Extrinsic validity of wills: a) testator is a Filipino i. or IV. or  Philippine law b) testator is an Alien i. although the law is silent. Interpretation of wills – governed by the decedent’s national law 4. by the local law of the state from which the passenger departs or the goods are dispatched. 3. and the passenger or consignee shall have the right of action against the last carrier. or to the consignor or consignee. Ronald Jalmanzar (Over-all Vice Chair). or  Law of Domicile. Joy Inductivo (VC-Finance). damage or delay took place. Elaine Masukat (VC-EDP). it has been suggested that in accordance with the express policy of Article 819 of the Civil Code.280 2005 CENTRALIZED BAR OPERATIONS  has assumed the responsibility for the entire journey. In cases where the convention does not apply. Romuald Padilla (Civil Law).  This prohibition does not apply to joint wills executed by aliens. or  Lex loci celebrationis. will is executed in a foreign country  Lex loci celebrationis – governed by the laws of the country in which will is executed. These carriers shall be jointly and severally liable to the passenger. As to joint wills executed by aliens in the Philippines. WILLS AND ADMINISTRATION OF ESTATES 1.  as regards baggage or goods. is valid when it is done according to the: a. Intrinsic validity of wills – governed by the national law of the person whose will is under consideration. each may take an action against the carrier who performed the transportation during which the loss. Furthermore. Anna Margarita Eres (VC-Logistics). said will should not be probated if it affects the heirs in the Philippines. hence a joint will executed by aliens in a state where such will is valid shall be considered as valid in the Philippines. in the absence of an effective choice of law by the parties. shall not be valid in the Philippines (Article 819 Civil Code). Jinky Ann Uy (Remedial Law). Jennifer Ang(VC. it is valid when it is in accordance with the laws of the Philippines  If the revocation takes place outside the Philippines. or  Philippine law NOTE: Joint wills executed by Filipinos whether in the Philippines or abroad. Mark David Martinez (Criminal Law). by a testator who does not have his domicile in this country. unless with respect to the particular issue. even though authorized by the foreign country in which they may have been executed. by a testator who is domiciled in the Philippines. Francis Benedict Reotutar (Labor Law).Secretariat). Garny Luisa Alegre (Commercial Law). 2. Charmaine Torres (Taxation Law). or  National law of the testator 2005 CENTRALIZED BAR OPERATIONS EXECUTIVE COMMITTEE AND SUBJECT CHAIRPERSONS Maricel Abarentos (Over-all Chairperson). Jonathan Mangundayao (Political Law). some other State has a more significant relationship to the contract and to the parties. Yolanda Tolentino(VC-Acads). it is valid when it is in accordance with the laws of the Philippines  Revocation done outside the Philippines. ii. will is executed in a foreign country  National law of the testator. the passenger or consignor shall have a right of action against the first carrier. will is executed in the Philippines  Philippine law. whether the testator is domiciled in the Philippines or in some other country. the Second Restatement holds that the validity of the contract of carriage as well as the rights created thereby are determined.

TORTS  Lex loci delicti comissi or law of the place where the alleged tort was committed will govern. Sha Elijah Dumama(Sales and Lease). In CIVIL LAW COMMITTEE determining the state which has the most significant relationship. Probate of wills – being procedural in character. VI. Alejandro Casabar(Property). NOTE: The Administration extends only to the assets of the decedent found within the state or country where it was granted so that an administrator appointed in one state has no power over the property in another state or country. crimes committed by state officials. 2. and 3. administration is governed by the law of the state where the administration takes place or lex fori. Ian Dominic Pua(Obligations and Contracts). Joyce Vidad EDP: Alnaiza Hassiman.CHAIRPERSON: Vida Bocar. Ma. which is transitory and follows the person committing the tortuous act and may be enforced wherever he may be found. EXCEPTIONS: 1. The judicial machinery of the forum is adequate to satisfy the claim. 2. Hence. Rhodora Ferrer(Wills and Succession). To administer the property situated in a foreign state. or a new one named in that state. The foreign tort is based on a civil action and not on a crime. residence. although committed by Philippine CHAIRPERSON: Romuald Padilla ASST. 6. Domicile. Place of injury (common-law concept) – looks to the place where the last event necessary to make an actor liable for an alleged tort occurs. Place of conduct 3. place of incorporation and place of business 4. John Stephen Quiambao(PAT). Administration of Estates – Philippine law and procedure follow the main principle of territorialism. crimes committed on board a foreign vessel even if within the territorial waters of the coastal state. Ricasion Tugadi (Conflicts of Law) . The axiom is that the law of the domicile governs distribution but the law of the State appointing the administrator or executor governs administration. 5. as long as the effect of such crime does not affect the peace and order of the coastal state 3. Ma. diplomatic representatives and officials of recognized international organizations. nationality. Concepts of Place of Wrong 1. the following factors are to be taken into account: 1. CRIMES GENERAL RULE: Lex loci delicti or the law of the place where the crime was committed will govern since it determines the specific law by which the criminal is to be penalized and at the same time designates the state that has jurisdiction to punish him. Dorothy Gayon  SUBJECT HEADS: Christopher Rey Marasigan (Persons and Family Relations). NOTE: This is based on the theory of state immunity from suits 2. Obligation theory  The tortuous act gives rise to an obligation. Anthony Purganan(LTD). Place where relationship between the parties is centered Conditions for the Enforcement of Tort Claims 1. The foreign tort is not contrary to the public policy of the forum. Philippine rule on foreign torts:  There is no governing specific statutory law but courts may give due course on the theory of vested rights or most significant relationship provided that there are minimum contacts and the defendant can be served with summons. Ligaya Alipao(Torts and Damages). Christopher Cabigao(Credit Transactions).San Beda College of Law 281 MEMORY AID IN CIVIL LAW b. the law of the forum governs procedural matters. Crimes which. law of the place in which the testator had his domicile at the time of revocation. V. Place where the injury occurred 2. Place of conduct – view the situs of torts as the place where the tortuous act was committed. the administrator must be re-appointed. Theory of Most Significant Relationship  An action for tort may be filed in the country where it has the most significant relationship.

e. Its resident agent. responsibilities or duties of stockholders.282 2005 CENTRALIZED BAR OPERATIONS nationals abroad are punishable under the local law pursuant to the protective principle of criminal jurisdiction (i. Joy Inductivo (VC-Finance). members or officers of the corporation to each other. Jinky Ann Uy (Remedial Law). NOTE: A foreign corporation granted license to operate in the Philippines acquires domicile here. and 3. 2. Although the contracts entered into may be valid as between the parties. EXCEPTIONS: a. Jackie Lou Bautista (Legal Ethics) . Garny Luisa Alegre (Commercial Law). Mark David Martinez (Criminal Law). This consent doctrine is established in section 125. Hence. but can still be sued. patent or for unfair competition 3. or its successors or assigns. acquisition by a foreign Corporation of a license to transact business in the Philippines is an essential prerequisite for the filing of suits before courts. Constitutional and Statutory Restrictions (Art. Article 2 of the Philippine Revised Penal Code) VII. serving summons through diplomatic channels Right of a Foreign Corporation to bring suit GENERAL RULE: No foreign Corporation transacting business in the Philippines without a license. trade name. Ronald Jalmanzar (Over-all Vice Chair). Jurisdiction over Foreign Corporations  with the consent of the state a foreign corporation will be recognized and will be allowed to transact business in any state which gives it consent. process will be served on the government official designated by law or any of its officers or agent within the Philippines. 2. Control test during war – courts may pierce the veil of corporate identity and look into the nationality of stockholders to determine citizenship of the corporation Domicile or residence of foreign corporations  when not fixed by the law creating them. shall be permitted to maintain or intervene in any action. Isolated transactions 2. on any officer or agent of said corporation in the Philippines 4. Anna Margarita Eres (VC-Logistics). goodwill. it shall be understood to be the place where their legal representation is or where they exercise their principal functions. NOTE: service of summons upon foreign corporations doing business in the Philippines may be made on: 1. Romuald Padilla (Civil Law). that law shall be applied. 2005 CENTRALIZED BAR OPERATIONS EXECUTIVE COMMITTEE AND SUBJECT CHAIRPERSONS Maricel Abarentos (Over-all Chairperson). Petition filed is merely a corollary defense in a suit against it Effect of Failure to Secure a license to Transact Business  The foreign corporation which does business in the Philippines without a license has no right to sue in the Philippines. BUSINESS ASSOCIATIONS 1. XII) b. organization or dissolution of corporations or those which fix the relations the relations. and 128 of the Corporation Code of the Philippines NOTE: all foreign corporations lawfully doing business here in the Philippines shall be bound by all laws rules and regulations applicable to domestic corporations except provisions for the creation. EXCEPTIONS: 1. Elaine Masukat (VC-EDP). Agreements fully transacted outside the Philippines 4.Secretariat). Francis Benedict Reotutar (Labor Law). 126. liabilities. In the absence thereof. suit or proceeding in any court or administrative agency of the Philippines but such corporation may be sued or proceeded against before Philippine courts or administrative tribunals on any valid cause of action recognized under the Philippine laws (Section 133 Corporation Code). Jennifer Ang(VC. Jonathan Mangundayao (Political Law). Charmaine Torres (Taxation Law). formation. 127. Yolanda Tolentino(VC-Acads). it may not be enforced in the Philippine courts. Trusts  When the trust contains an express choice of law provision. Corporation/Partnership Personal law GENERAL RULE: Personal law is the law of the state where it was incorporated or formed. Action to protect trademark.

3. Ligaya Alipao(Torts and Damages). Judgment must be for a fixed sum of money. Ian Dominic Pua(Obligations and Contracts). 2. and 7. Foreign judgment must not be contrary to the public policy or good morals of the country where it is to be enforced. the judgment or final order is conclusive upon the title to the thing. CIVIL LAW COMMITTEE CHAIRPERSON: Romuald Padilla ASST. mistake of fact or law. Ricasion Tugadi (Conflicts of Law) . Judgment must be final and executory to constitute res judicata in another action. Ma.San Beda College of Law 283 MEMORY AID IN CIVIL LAW  In the absence of express provision. Christopher Cabigao(Credit Transactions). The foreign judgment was rendered by a judicial or quasi-judicial tribunal which had jurisdiction over the parties and the case. FOREIGN JUDGMENTS Foreign judgment  Decisions rendered outside the forum and encompasses judgments. collusion. having jurisdiction to render the judgment or final order is as follows: (a) In case of a judgment or final order upon a specific thing. Sec. Joyce Vidad EDP: Alnaiza Hassiman. 4. Judgment must be valid under the laws of the court that rendered it. a party is given affirmative relief to which the judgment entitles him and it necessarily requires the filing of an action. Enforcement of foreign judgment  A foreign judgment is enforced when. Dorothy Gayon  SUBJECT HEADS: Christopher Rey Marasigan (Persons and Family Relations). John Stephen Quiambao(PAT). fraud. Judgment must not have been obtained by fraud. Alejandro Casabar(Property). State where the foreign judgment was obtained allows recognition or enforcement of Philippine judgments. 5. the judgment or final order is presumptive evidence of a right as between the parties and their successors in interest by a subsequent title. Recognition of foreign judgment  Passive act of giving effect to a judgment of another forum without necessarily filing an action in the forum giving effect to the judgment. the judgment or final order may be repelled by evidence of a want of jurisdiction. want of notice to the party.CHAIRPERSON: Vida Bocar. 6. Ma. in addition to being recognized. Philippine rule:  The effect of a judgment or final order of a tribunal of a foreign country. and (b) In case of a judgment or final order against a person. decrees and orders of courts of foreign countries. Sha Elijah Dumama(Sales and Lease). or clear mistake of law or fact (Rule 39. Rhodora Ferrer(Wills and Succession). collusion. Requisites for Recognition or Enforcement: 1. the courts will deem controlling the law that will sustain the validity of the trust. In either case. 48 of the 1997 Rules of Civil Procedure). Anthony Purganan(LTD).