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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)

Sha Elijah Dumama(Sales and Lease). commentaries and studies of learned jurists 6. or 2.San Beda College of Law 267 MEMORY AID IN CIVIL LAW 5. NOTE: Summons by publication is authorized in three cases: 1. Jurisdiction over the person of the defendant is acquired through: a. Minimum Contacts Test and Fundamental Fairness Test  Due process requires only that in order to subject a defendant to a judgment in personam. Treatises. Judicial decisions 7. Ricasion Tugadi (Conflicts of Law) . Principle of forum non conveniens  A court may resist imposition upon its jurisdiction even when jurisdiction is authorized by law. Ma. Ligaya Alipao(Torts and Damages). Assume jurisdiction over the case and apply the law of the forum. or 3. The CHAIRPERSON: Romuald Padilla ASST. either because of lack of jurisdiction or refusal to assume jurisdiction pursuant to the doctrine of forum non conveniens. or 3.  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. John Stephen Quiambao(PAT). III. 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. However. personal or substituted service of summons (section 6 and 7 Rule 14 of the Revised Rules of Court) II. Dismiss the case. quasi in rem. Ways of Disposing of Conflicts Cases: 1. voluntary appearance or b. Joyce Vidad EDP: Alnaiza Hassiman. jurisdiction over the defendant must be acquired by voluntary appearance or by personal/substituted service of summons. Christopher Cabigao(Credit Transactions). service by publication may be allowed in accordance with Sec 14. 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. Long-arm Statutes  Statutes which specify the kinds of contacts upon which jurisdiction will be asserted over a defendant outside of state territory. Alejandro Casabar(Property). Dorothy Gayon  SUBJECT HEADS: Christopher Rey Marasigan (Persons and Family Relations). a lack of comity towards foreign states. 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. involves the personal status of the plaintiff Where the suit is in personam. 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. International customs JURISDICTION I. Rhodora Ferrer(Wills and Succession). 1. 2. Ian Dominic Pua(Obligations and Contracts). Rule 14 of CIVIL LAW COMMITTEE Revised Rules of Court (defendant whose identity or whereabouts are unknown).  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.CHAIRPERSON: Vida Bocar. If the action is in rem.  In both in rem and quasi-in rem. Anthony Purganan(LTD). JURISDICTION OVER THE PERSON  Acquired by the voluntary appearance of a party and his submission to authority or by service of summons. Assume jurisdiction over the case and apply foreign law. or 2. Ma. 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.

Mark David Martinez (Criminal Law). Possibility of viewing the premises if appropriate e. Cost of obtaining and attendance of willing witnesses d. Jonathan Mangundayao (Political Law). b) c) d) e) f) g) h) an important public policy of the forum. Jinky Ann Uy (Remedial Law). Administrative difficulties encountered when courts’ dockets are clogged b. Charmaine Torres (Taxation Law). Yolanda Tolentino(VC-Acads). Availability of compulsory process for attendance of unwilling witnesses c. 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. 3. public and private interests should be weighed: 1.268 2005 CENTRALIZED BAR OPERATIONS reason given for refusal to assume jurisdiction is that to do so would prove inconvenient for the forum. Ease of access to source of proof b. When the question involves immovable property of the forum. Appropriateness of having the trial in a court familiar with the applicable state law. Joy Inductivo (VC-Finance). 2. Other practical problems that make trial of the case easy. 3. Public Interest a. Where the foreign law is procedural in nature. Ronald Jalmanzar (Over-all Vice Chair). Where the foreign law is fiscal or administrative in nature. whether domestic or conflicts cases. Where there is failure to plead and prove foreign law. or public vessel or property of another State is involved.Secretariat). CHOICE OF LAW APPROACHES TO CHOICE OF LAW A. Francis Benedict Reotutar (Labor Law). by treaty. Private Interest of the litigant a. Anna Margarita Eres (VC-Logistics). 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. 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. Jackie Lou Bautista (Legal Ethics) . 2. Elaine Masukat (VC-EDP). accepted limitations upon its jurisdiction over certain persons or things. Where the application of the foreign law would infringe good morality. Romuald Padilla (Civil Law). Local Law Theory o In conflict problems. Where application of internal law is decreed. expeditious and inexpensive 2. Garny Luisa Alegre (Commercial Law). or where a State has. Vested Rights Theory o Rights acquired in one country must be recognized and legally protected in other countries. Where the application of foreign law would involve injustice or injury to the citizens or residents of the forum. according to the internal law of the forum EXCEPTION: Where a foreign. Jennifer Ang(VC. sovereign. GENERAL RULE: No rule of Private International Law would be violated if the courts should decide to dispose of all cases. 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).  In sustaining a plea of forum of non conveniens. and Where the application of foreign law would endanger the vital interests of the State. Where the foreign law is penal in nature. Instances Justifying the Application of Internal Law to Conflicts Cases: 1. The forum will not apply before a law but will simply recognize the right vested by said law. diplomatic official.

San Beda College of Law 269 MEMORY AID IN CIVIL LAW B. Sha Elijah Dumama(Sales and Lease). or his origin. Ricasion Tugadi (Conflicts of Law) . his place of sojourn.  These are five major choiceinfluencing considerations which would lead the courts to the choice-of-law decisions in a given case: a. a marriage celebrated. that is the place where the thing is. and because lex fori applies CHAIRPERSON: Romuald Padilla ASST. The place where judicial and administrative proceedings are instituted or done. and CIVIL LAW COMMITTEE e. the locus actus. The lex loci actus is particularly important in contracts and torts. 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. 5. Rhodora Ferrer(Wills and Succession). 4. maintenance of interstate and international order. The intention of the contracting parties as to the law that should govern the agreement. The seat of legal or juridical person. John Stephen Quiambao(PAT). his residence. In particular. Anthony Purganan(LTD). 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. Choice-influencing Considerations  Courts will prefer rules of law. the place of performance of contractual duties. 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. his domicile. c. Ian Dominic Pua(Obligations and Contracts). 2. advancement of forums interests. Dorothy Gayon  SUBJECT HEADS: Christopher Rey Marasigan (Persons and Family Relations). d. the lex situs is decisive when real rights are involved. Ma. Joyce Vidad EDP: Alnaiza Hassiman. Ligaya Alipao(Torts and Damages). b. 6. The place where an act has been done.” 1. or the place where the power of attorney is to be exercised 6. 3. 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. Alejandro Casabar(Property). The place where the act is intended to come into effect. Ma. Convenient Theory (forum conveniens)  the application of a foreign law in such a convenient forum. The situs of a thing. The nationality of a person. Modern or Multi-aspect method  approach where all the important factors of the case both territorial and non-territorial. 4.CHAIRPERSON: Vida Bocar. such as a corporation. or is deemed to be situated. simplification of judicial task. 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. 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. predictability of results. a will signed or a tort committed. application of better rule law. such as the place where a contract has been made. Comparative impairment  Calls for subordination of the state objective which would be least impaired. Christopher Cabigao(Credit Transactions). 3. the lex loci intentionis 7. 2. 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”. 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.

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

consul. the Philippine Constitution enumerates those who are citizens of the Philippines. or the nationality of the country with which in the circumstances he appears to be in fact most closely connected. legation.” 2.San Beda College of Law 271 MEMORY AID IN CIVIL LAW PROOF OF FOREIGN LAW 1. Copy attested by officer having legal custody plus a certificate with seal from secretary of embassy. his additional foreign nationality is disregarded b. 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. then the court has no reason to displace the basic law 4. By official publication ii. Thus. 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. Joyce Vidad EDP: Alnaiza Hassiman. Anthony Purganan(LTD). Nationality Law Theory  The Philippines adheres to the nationality law theory. By pleading and proof a. John Stephen Quiambao(PAT). of the nationalities which any such person possesses.  It is for each State to determine who are its nationals (Hague Convention). Ma. even though living abroad. Sha Elijah Dumama(Sales and Lease). Ligaya Alipao(Torts and Damages). In matters of status. Ricasion Tugadi (Conflicts of Law) . Written law i. or in the absence thereof. Judicial Notice (when the laws are already within the actual knowledge of the court. to the law of their temporary residence. Rhodora Ferrer(Wills and Succession). consul general. A. 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. Escolin 56SCRA266) 3. recognize exclusively in its territory either the nationality of the country of which he is habitually and principally resident. NOTE: Personal law governs a person wherever he goes. vice consul.  proceeds from the theory that the basic law is the law of the forum and when the claimed applicable foreign law is not proved. CIVIL LAW COMMITTEE CHAIRPERSON: Romuald Padilla ASST. legal condition. and legal capacity of persons are binding upon Filipino citizens. The personal law of an individual is either his national law or the law of his place of domicile.  Problems in Applying the Nationality Principle 1. NOTE: Hague Convention on Conflict of Nationality Laws formulated the following principle in Article 5: “… a third state shall. civil status. Article 15 of the Civil Code provides that Laws relating to family rights and duties. Dual or Multiple Citizenship  This arises from the concurrent application of jus soli and jus sanguinis a. or to the status. Unwritten law – by testimony of experts or writings of jurists 2. 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. Dorothy Gayon  SUBJECT HEADS: Christopher Rey Marasigan (Persons and Family Relations). his residence. he is usually considered by the forum as exclusively its own national. Alejandro Casabar(Property). Ian Dominic Pua(Obligations and Contracts).CHAIRPERSON: Vida Bocar. condition. Ma. etc. capacity. In case the litigation arises in a third country. Christopher Cabigao(Credit Transactions). Statelessness  Stateless persons are generally subject to the law of their domicile or habitual residence. and in default thereof. 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.

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

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

Anna Margarita Eres (VC-Logistics). generally the national law of the husband may prevail as long as said law is not contrary to law. it is doubtful whether this will be recognized here. In the absence thereof. 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. and 3. Mark David Martinez (Criminal Law). at least insofar as formal validity is concerned. Common law marriages GENERAL RULE: if valid in the State where the parties cohabitated while holding themselves out as man and wife. 2. 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. are entitled to recognition in countries adhering to lex loci celebrationis rule. 2.Secretariat). 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. Joy Inductivo (VC-Finance). Garny Luisa Alegre (Commercial Law). customs and good morals of the forum. Proxy marriages GENERAL RULE: where permitted by the law of the place where the proxy participates in the marriage ceremony.  This rule shall not apply: 1. 2. Effects of Marriage 1. 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. Jonathan Mangundayao (Political Law). Francis Benedict Reotutar (Labor Law). Intrinsic validity . Charmaine Torres (Taxation Law). (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). The internal law designated by the spouses before the marriage b. the rule is that compliance with this law is required for a marriage to be validly contracted 4. Ronald Jalmanzar (Over-all Vice Chair). Jackie Lou Bautista (Legal Ethics) . Romuald Padilla (Civil Law). 2. Marriage on board a vessel on High seas  since nation whose flag the ship is flying has jurisdiction over the ship. Yolanda Tolentino(VC-Acads). Property relations between the spouses  The Hague Convention declares that the governing law on matrimonial property regime is: a.274 2005 CENTRALIZED BAR OPERATIONS Rules on Extrinsic Validity of certain situations: 1. including the Philippines (Article 10 Family Code). Where both spouses are aliens. 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. NOTE: Internal Philippine law does not sanction proxy marriages. regardless of the place of the celebration of the marriage and their residence. the property relations of the spouses shall be governed by Philippine laws. Jennifer Ang(VC.controlled by the parties’ personal laws (either domiciliary or nationality). Elaine Masukat (VC-EDP). Personal relations between the spouses  governed by the national law of the parties NOTE: if the spouses have different nationalities. Jinky Ann Uy (Remedial Law). Consular marriages  for states.

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

one who seeks to adopt the legitimate son/daughter of his/her Filipino spouse. Immovable property – governed by lex situs. Jackie Lou Bautista (Legal Ethics) . CAPACITY TO TRANSFER OR ACQUIRE PROPERTY  governed by lex situs. Romuald Padilla (Civil Law). or c. Where the transaction does not affect transfer of title or ownership of the land  proper law of the transaction will govern. c. II. 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. 3. EXCEPTIONS: 1. d. Philippine Rule:  Real property as well as personal property is subject to the law of the country where it is situated (lex situs). C. Loan contract is governed by rules of ordinary contracts. 2.276 2005 CENTRALIZED BAR OPERATIONS maintains such residence until the adoption decree is entered. lex loci actus – law of the place where the transaction is completed.  The requirement of sixteen years difference between the adopter and the adoptee is not applicable if the adopter is: i. 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. When real property is offered by way of security for the performance of an obligation: a. 2005 CENTRALIZED BAR OPERATIONS EXECUTIVE COMMITTEE AND SUBJECT CHAIRPERSONS Maricel Abarentos (Over-all Chairperson). Mark David Martinez (Criminal Law). certificate of legal capacity to adopt in his country to be issued by his diplomatic or consular office. PROPERTY A.  Rationale for lex situs or lex rei sitae rule: the property being physically part of the country should be subject to the laws thereof. lex situs . Elaine Masukat (VC-EDP). a former Filipino citizen who seeks to adopt a relative within the fourth (4th) degree of consanguinity or affinity. Yolanda Tolentino(VC-Acads). 2. Anna Margarita Eres (VC-Logistics). Francis Benedict Reotutar (Labor Law). or b. Jinky Ann Uy (Remedial Law). EXTRINSIC AND INTRINSIC VALIDITY OF CONVEYANCES GENERAL RULE: Governed by lex situs. Jonathan Mangundayao (Political Law). Charmaine Torres (Taxation Law). the supervised trial custody is undertaken. Ronald Jalmanzar (Over-all Vice Chair). Movable property – may be governed by: a. which may be lex intentionis or lex voluntatis. and 11. Joy Inductivo (VC-Finance). 10. Garny Luisa Alegre (Commercial Law). (Article 16 Civil Code). b. 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 law of the place where the property is located.Secretariat). B. and the decree of adoption is issued outside the Philippines. lex domicilii – law of the owner’s domicile. Jennifer Ang(VC. the biological parent of the adoptee ii. CONTROLLING LAW 1. Testate or intestate succession or capacity to succeed – governed by the national law of the decedent. Mortgage of the land is governed by lex situs b. proper law – law of the state which has the most real connection with the transfer.

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

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

 the passenger or representative can take action only against the carrier who performed the transportation during which the accident or delay occurred.CHAIRPERSON: Vida Bocar. e.San Beda College of Law 279 MEMORY AID IN CIVIL LAW d. unless by express agreement the first carrier CHAIRPERSON: Romuald Padilla ASST.  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. John Stephen Quiambao(PAT). antichresis – lex situs. date of arrival at the destination 2. Pledge. court of the place of destination the action will prescribe if it is not brought within two years from the: 1. IAC and Pablo 192SCRA9)  period of responsibility includes the time during which baggage or goods are in the charge of the carrier. Ian Dominic Pua(Obligations and Contracts). Dorothy Gayon  SUBJECT HEADS: Christopher Rey Marasigan (Persons and Family Relations). whatsoever. Joyce Vidad EDP: Alnaiza Hassiman.000 and for death of passenger is at $100. baggage or goods performed by aircraft for hire. Ma. court where the carrier has a place of business through which the contract was made 4.000 (Alitalia vs. Anthony Purganan(LTD). court of the principal place of business of the carrier 3. Transportation by Sea: i. Chattel mortgage. or for some particular or exceptional type of damage. 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. date on which the aircraft ought to have arrived 3. Ricasion Tugadi (Conflicts of Law) . International Air Transportation – governed by the Warsaw Convention NOTES:  Convention applies to all international carriage of person. Ma. Philippine ports to Foreign ports – law of the country of destination ii. Christopher Cabigao(Credit Transactions). Ligaya Alipao(Torts and Damages). whether in an airport or in any place.  the limit of liability for baggage lost is $1. misconduct of its employees. Sha Elijah Dumama(Sales and Lease).  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. It does not apply to carriage of mail and postal packages. Foreign ports to Philippine ports  Civil Code – primary law  Code of Commerce  Carriage of Goods by Sea Act f. Rhodora Ferrer(Wills and Succession). court of the domicile of the carrier 2. suits may be prosecuted in any of the following places at the option of the plaintiff-passenger: 1. Alejandro Casabar(Property).  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. provided that it is proved that the servant or agent is acting within the scope of the employment.

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

Ligaya Alipao(Torts and Damages). To administer the property situated in a foreign state. EXCEPTIONS: 1. TORTS  Lex loci delicti comissi or law of the place where the alleged tort was committed will govern. Ma. 2. 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. nationality. VI. Place of conduct – view the situs of torts as the place where the tortuous act was committed. Ian Dominic Pua(Obligations and Contracts). place of incorporation and place of business 4. the administrator must be re-appointed. Place where the injury occurred 2. Domicile. the law of the forum governs procedural matters. Ma. and 3. Anthony Purganan(LTD). Theory of Most Significant Relationship  An action for tort may be filed in the country where it has the most significant relationship. the following factors are to be taken into account: 1.San Beda College of Law 281 MEMORY AID IN CIVIL LAW b. The foreign tort is based on a civil action and not on a crime. 6. Hence. Place where relationship between the parties is centered Conditions for the Enforcement of Tort Claims 1. residence. diplomatic representatives and officials of recognized international organizations. V. Probate of wills – being procedural in character. Joyce Vidad EDP: Alnaiza Hassiman. Ricasion Tugadi (Conflicts of Law) . Sha Elijah Dumama(Sales and Lease). or a new one named in that state. 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. Alejandro Casabar(Property). Obligation theory  The tortuous act gives rise to an obligation. crimes committed by state officials. The axiom is that the law of the domicile governs distribution but the law of the State appointing the administrator or executor governs administration. 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. law of the place in which the testator had his domicile at the time of revocation. In CIVIL LAW COMMITTEE determining the state which has the most significant relationship. 2. which is transitory and follows the person committing the tortuous act and may be enforced wherever he may be found. Place of conduct 3. Christopher Cabigao(Credit Transactions). NOTE: This is based on the theory of state immunity from suits 2. crimes committed on board a foreign vessel even if within the territorial waters of the coastal state. John Stephen Quiambao(PAT). Dorothy Gayon  SUBJECT HEADS: Christopher Rey Marasigan (Persons and Family Relations). Administration of Estates – Philippine law and procedure follow the main principle of territorialism. although committed by Philippine CHAIRPERSON: Romuald Padilla ASST. administration is governed by the law of the state where the administration takes place or lex fori. as long as the effect of such crime does not affect the peace and order of the coastal state 3. Concepts of Place of Wrong 1.CHAIRPERSON: Vida Bocar. Rhodora Ferrer(Wills and Succession). Crimes which. The foreign tort is not contrary to the public policy of the forum. The judicial machinery of the forum is adequate to satisfy the claim. 5. 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.

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. trade name. Although the contracts entered into may be valid as between the parties. Yolanda Tolentino(VC-Acads).282 2005 CENTRALIZED BAR OPERATIONS nationals abroad are punishable under the local law pursuant to the protective principle of criminal jurisdiction (i. 127. 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. 2. 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. 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. 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. it shall be understood to be the place where their legal representation is or where they exercise their principal functions. and 3. members or officers of the corporation to each other. Mark David Martinez (Criminal Law). Action to protect trademark. Its resident agent. organization or dissolution of corporations or those which fix the relations the relations. 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). BUSINESS ASSOCIATIONS 1. Charmaine Torres (Taxation Law). EXCEPTIONS: a. process will be served on the government official designated by law or any of its officers or agent within the Philippines. 126. Article 2 of the Philippine Revised Penal Code) VII. Corporation/Partnership Personal law GENERAL RULE: Personal law is the law of the state where it was incorporated or formed. liabilities. Garny Luisa Alegre (Commercial Law). Hence. Agreements fully transacted outside the Philippines 4. Isolated transactions 2. EXCEPTIONS: 1. responsibilities or duties of stockholders. or its successors or assigns. This consent doctrine is established in section 125. Anna Margarita Eres (VC-Logistics). Jackie Lou Bautista (Legal Ethics) . NOTE: A foreign corporation granted license to operate in the Philippines acquires domicile here. Trusts  When the trust contains an express choice of law provision. on any officer or agent of said corporation in the Philippines 4. Francis Benedict Reotutar (Labor Law). 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. XII) b. 2. patent or for unfair competition 3. formation. Jonathan Mangundayao (Political Law). but can still be sued.Secretariat). it may not be enforced in the Philippine courts. that law shall be applied. goodwill. Elaine Masukat (VC-EDP). Jennifer Ang(VC. Jinky Ann Uy (Remedial Law).e. Romuald Padilla (Civil Law). shall be permitted to maintain or intervene in any action. 2005 CENTRALIZED BAR OPERATIONS EXECUTIVE COMMITTEE AND SUBJECT CHAIRPERSONS Maricel Abarentos (Over-all Chairperson). Constitutional and Statutory Restrictions (Art. Ronald Jalmanzar (Over-all Vice Chair). Joy Inductivo (VC-Finance). In the absence thereof. NOTE: service of summons upon foreign corporations doing business in the Philippines may be made on: 1.

2. 6. Ligaya Alipao(Torts and Damages).CHAIRPERSON: Vida Bocar. fraud. In either case. decrees and orders of courts of foreign countries. Joyce Vidad EDP: Alnaiza Hassiman. Judgment must be final and executory to constitute res judicata in another action. Dorothy Gayon  SUBJECT HEADS: Christopher Rey Marasigan (Persons and Family Relations). or clear mistake of law or fact (Rule 39. The foreign judgment was rendered by a judicial or quasi-judicial tribunal which had jurisdiction over the parties and the case. and 7. Ian Dominic Pua(Obligations and Contracts). 48 of the 1997 Rules of Civil Procedure). and (b) In case of a judgment or final order against a person. Enforcement of foreign judgment  A foreign judgment is enforced when. John Stephen Quiambao(PAT). 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. Judgment must not have been obtained by fraud. Ma. 5. Christopher Cabigao(Credit Transactions). 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. the courts will deem controlling the law that will sustain the validity of the trust. Requisites for Recognition or Enforcement: 1. Ricasion Tugadi (Conflicts of Law) . FOREIGN JUDGMENTS Foreign judgment  Decisions rendered outside the forum and encompasses judgments. Sha Elijah Dumama(Sales and Lease). Alejandro Casabar(Property). collusion. State where the foreign judgment was obtained allows recognition or enforcement of Philippine judgments. the judgment or final order is presumptive evidence of a right as between the parties and their successors in interest by a subsequent title. want of notice to the party. 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. CIVIL LAW COMMITTEE CHAIRPERSON: Romuald Padilla ASST. Sec.San Beda College of Law 283 MEMORY AID IN CIVIL LAW  In the absence of express provision. 4. in addition to being recognized. 3. the judgment or final order may be repelled by evidence of a want of jurisdiction. Anthony Purganan(LTD). Ma. mistake of fact or law. a party is given affirmative relief to which the judgment entitles him and it necessarily requires the filing of an action. Judgment must be for a fixed sum of money. Rhodora Ferrer(Wills and Succession). Philippine rule:  The effect of a judgment or final order of a tribunal of a foreign country. collusion. Judgment must be valid under the laws of the court that rendered it.

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