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PINK NOTES: Rinchels guide to pass your law subjects CONFLICTS OF LA S Con!licts o!

law - Part of international law which deals with legal problems involving foreign element concerning the conflict in the application of local and foreign laws, raised in a proper forum. That part of municipal law of a state which directs its courts and administrative agencies, when confronted with a legal problem involving a foreign element, whether or not they should apply a foreign law/s (Paras). "le#ents I. egal problem involving foreign element! --If there is no foreign element, there is no conflict of law. "oreign elements is a factual situation that cut across territorial lines and affected by diverse laws of two or more states -- #audia vs $orada %. &ne or both litigant is alien '. (ause of action arises in foreign state - location of the res - place of celebration - place of the act - place of the crime II. )ssumption of the proper forum (ases involving (& , forum may* %. +efuse - apply forum non conviniens, no (& '. )ssume- forum may apply the following* a. local law -- le, fori b. "oreign law - le, causae c -- apply both -- (adalin vs P&-) III. (onflict between local and foreign law - if there is no conflict between the two, there is nothing to resolve. - court can apply foreign law if properly pleaded and proved, application discretionary to the court. I.. (hoice of law to be applied -/hich law applies0 - depends on the factual situation and connection of the foreign element, apply characteri1ation process of determining under what category a certain set of facts or rules falls. - Purpose - to enable the forum to select the proper law. SO$RC"S o! COL 2irect sources )rt. %3, %4, %5, %678, %%97, %73: at marami pa )rticle '5 of "amily (ode #ection %'8 of (orporation (ode Treaties - ;ague convention, /arsaw, (&<#) =urisprudence International (ustom <eneral Principles of law le, loci celebrationis -, loci actus -, rei sitae/le, situs

PINK NOTES: Rinchels guide to pass your law subjects CONFLICTS OF LA S le, loci delictus le, loci contractus le, domicilli principle of territoriality >ilberg doctrine Indirect sources foreign ?urisprudence ?ournal of renowned legal writers. O%TION OF FOR$& IN CAS" OF COL %. +efuse - to do so would provide inconvenience to the forum - if the only lin@ is one of the respondent is a "ilipino (iti1en - $;( vs A +( - not all cases involving "ilipino can be tried in local forum. '. )ssume ?urisdiction - e,ercise of #overeign Prerogative, if the court has ?urisdiction of over the* a. res b. #ub?ect matter c. person - court has discretion to proceed on the case. R"'$ISIT" OF ASS$&%TION o! ($RIS)ICTION %. The Philippine court is one to which the parties may conveniently resolveB '. That the Philippine court is in the position to ma@e an intelligent decision as to the laws and facts 7. The Philippine court has li@ely to have the power to enforce the decision $;( vs. A +( CO$RT &A* A%%L* %. ocal law - a1nar vs. <)+cia '. "oreign law - Cellis vs C-llis 7. )pply both - (adalin vs .P&-) C+OIC" OF LA -depends on the factual situation - different case, different application of law. - there is no hard rule in the application of law. - "oreign law has no e,tra-territorial effect- <eneral +ule there is an e,ception %. =D#TI"I()TI&A &" )PP I()TI&A &" &() )/# a. matter involving procedural law - apply law of the forum -based on le, fori b. if foreign law is contrary to public policy of the forum c. If application of foreign law or local law which give rights to the foreigner would result in?ustice to our national - salvacion vs C(P d. /hen court accept the renvoir - a1nar vs garcia e. when most of the factual situation referes to phil ?urisdiction- saudia vs morada.

PINK NOTES: Rinchels guide to pass your law subjects CONFLICTS OF LA S

=D#TI"I()TI&A &" )PP EIA< "&+-I<A )/# %. /hen cause of action arises in foreign land. '. If local law so provides - article %5, Cellis vs Cellis - le, domicilli 7. Principle of (omity Aote - "oreign law should be pleaded and proved , if not , presumed to be the same with the local law - 2&(T+IA- &" P+&(-##D) P+-#D$PTI&A 3. If There Is ) Treaty - /arsaw, #antos .s Aorthwest &rient )irline )ISTIN,$IS+") FRO& %$-LIC INT"RNATIONAL LA % ' C)#I# Aature Persons involved (&A" I(T &" )/ $unicipal in character 2ealt with by private individualsB governs individuals in their private transactions which involve a foreign element )/ &" A)TI&A# International in character #overeign states and other entities possessing international personality, e.g., DAB governs states in their relationships amongst themselves Private transactions between <enerally affected by public private individuals interestB those in general are of interest only to sovereign states +esort to municipal tribunals $ay be peaceful or forcible Peaceful* includes diplomatic negotiation, tender F e,ercise of good offices, mediation, inGuiry F conciliation, arbitration, ?udicial settlement by I(=, reference to regional agencies "orcible* includes severance of diplomatic relations, retorsions, reprisals, embargo, boycott, nonintercourse, pacific bloc@ades, collective measures under the DA (harter, and war.

Transactions involved +emedies and #anctions

PINK NOTES: Rinchels guide to pass your law subjects CONFLICTS OF LA S T"R&S. LEX DOMICILII - law of the domicileB in conflicts, the law of oneHs domicile applied in the choice of law Guestions LEX FORI - law of the forumB that is, the positive law of the state, country or ?urisdiction of whose ?udicial system of the court where the suit is brought or remedy is sought is an integral part. #ubstantive rights are determined by the law where the action arose (lex loci) while the procedural rights are governed by the law of the place of the forum (lex fori) LEX LOCI - law of the place LEX LOCI CONTRACTUS - the law of the place where the contract was made or law of the place where the contract is to be governed (place of performance) which may or may not be the same as that of the place where it was made LEX LOCI REI SITAE - law of the place where the thing or sub?ect matter is situatedB the title to realty or Guestion of real estate law can be affected only by the law of the place where it is situated LEX SITUS - law of the place where property is situatedB the general rule is that lands and other immovables are governed by the law of the state where they are situated LEX LOCI ACTUS - law of the place where the act was done LEX LOCI CELEBRATIONIS - law of the place where the contract is made LEX LOCI SOLUTIONIS - law of the place of solutionB the law of the place where payment or performance of a contract is to be made LEX LOCI DELICTI COMMISSI - law of the place where the crime too@ place LEX MEREATORIA - law merchantB commercial lawB that system of laws which is adopted by all commercial nations and constitute as part of the law of the landB part of common law LEX NON SCRIPTA - the unwritten common law, which includes general and particular customs and particular local laws LEX PATRIAE - national law R"N/OI )OCTRIN" - doctrine whereby a ?ural matter is presented which the conflict of laws rules of the forum refer to a foreign law which in turn, refers the matter bac@ to the law of the forum or a third state. /hen reference is made bac@ to the law of the forum, this is said to be IremissionI while reference to a third state is called Itransmission.I NATIONALIT* T+"OR* - by virtue of which the status and capacity of an individual are generally governed by the law of his nationality. This is principally adopted in the +P )O&ICILIAR* T+"OR* - in general, the status, condition, rights, obligations, F capacity of a person should be governed by the law of his domicile. LON, AR& STAT$T"S - #tatutes allowing the courts to e,ercise ?urisdiction when there are minimum contacts between the non-resident defendant and the forum.



PINK NOTES: Rinchels guide to pass your law subjects CONFLICTS OF LA S %. 2ismiss the case for lac@ of ?urisdiction, or on the ground of forum nonconveniens )OCTRIN" OF FOR$& NON CONVENIENS - the forum is inconvenientB the ends of ?ustice would be best served by trial in another forumB the controversy may be more suitably tried elsewhere '. )ssume ?urisdiction and apply either the law of the forum or of another state a. A%%L* INT"RNAL LA - forum law should be applied whenever there is good reason to do soB there is a good reason when any one of the following factors is present* i0 A speci!ic law o! the !oru# decrees that internal law should apply

Examples: )rticle. %5 of the (ivil (ode - real and personal property sub?ect to the law of the country where they are situated and testamentary succession governed by lex nationalii )rticle 9'8 of the (ivil (ode - ma@es revocation done outside Philippines valid according to law of the place where will was made or lex domicilii )rticle 9%8 of the (ivil (ode - prohibits "ilipinos from ma@ing ?oint wills even if valid in foreign country ii0 The proper !oreign law was not properly pleaded and pro1ed

PINK NOTES: Rinchels guide to pass your law subjects CONFLICTS OF LA S NOTICE AND PROOF OF FOREIGN LA )s a general rule, courts do not ta@e ?udicial notice of foreign lawsB "oreign laws must be pleaded and proved -ffect of failure to plead and prove foreign law (7 alternatives) of the forum court* (a) 2ismiss the case for inability to establish cause of action (b) )ssume that the foreign law of the same as the law of the forum (c) )pply the law of the forum iii0 The case !alls under any o! the e2ceptions to the application o! !oreign law Exceptions to application of forei!n la": (a) The foreign law is contrary to the public policy of the forum (b) The foreign law is procedural in nature (c) The case involves issues related to property, real or personal (le, situs) (d) The issue involved in the enforcement of foreign claim is fiscal or administrative (e) The foreign law or ?udgment is contrary to good morals ( contra #onos mores) (f) The foreign law is penal in character (g) /hen application of the foreign law may wor@ undeniable in?ustice to the citi1ens of the forum (h) /hen application of the foreign law might endanger the vital interest of the state b. A%%L* FOR"I,N LA T+"ORI"S 3 when properly pleaded and proved S+O$L) -" ,I/"N "FF"CT


%. Theory o! Co#ity J foreign law is applied because of its con$enience F because we want to give protection to our citi1ens, residents, F transients in our land '. Theory o! /ested Rights J we see@ to enforce not foreign law itself but the rights that have been vested under such foreign lawB an act done in another state may give rise to the e,istence of a right if the laws of that state crated such right. 7. Theory o! Local Law- adherents of this school of thought believe that we apply foreign law not because it is foreign, but because our laws, by applying similar rules, reGuire us to do soB hence, it is as if the foreign law has become part F parcel of our local law 3. Theory o! +ar#ony o! Laws J theorists here insist that in many cases we have to apply the foreign laws so that wherever a case is decided, that is, irrespective of the forum, the solution should be appro,imately the sameB thus, identical or similar solutions anywhere F everywhere. /hen the goal is reali1ed, there will be Kharmony of lawsL 4. Theory o! (ustice J the purpose of all laws, including (onflict of aws, is the dispensing of ?usticeB if this can be attained in may cases applying the proper foreign law, we must do so

PINK NOTES: Rinchels guide to pass your law subjects CONFLICTS OF LA S

R$L"S ON STAT$S IN ,"N"RAL % ' 7 3 4 5 : ")(TD) #ITD)TI&A Ceginning of personality of natural person /ays F effects of emancipation )ge of ma?ority Dse of names and surnames Dse of titles of nobility )bsence Presumptive death F survivorship P&IAT &" (&AT)(T Aational law of the child ()rticle %4, (() #ame #ame #ame #ame #ame Lex fori ()rticle 37, 786, 78%, ((B +ule %7% M4 N??O, +ules of (ourt) P&IAT &" (&AT)(T Lex loci cele#rationis is without pre?udice to the e,ceptions under )rticles '4, 74 (%, 3, 4 F 5), 75, 7: F 79 of the "amily (ode (bigamous F incestuous marriages) F consular marriages Lex loci cele#rationis E%CEPT if the marriage is* a. ;ighly immoral (li@e bigamous/ polygamous marriages) b. Dniversally considered incestuous (between brothersister, and ascendantsdescendants) )pply % (b) to uphold validity of marriage Aational law ()rticle '%, "() P+&.I2-2 the marriage is not highly immoral or universally considered incestuous) Aational law of "ilipino (otherwise public policy may be militated against)

(elebrated )broad (elebrated in +P

R$L"S ON &ARRIA," AS A CONTRACT ")(TD) #ITD)TI&A Cetween "ilipinos

Cetween "oreigners

$i,ed Cetween "oreigners


$arriage by pro,y (NOTE* a Lex loci cele#rationis (with pre?udice marriage by pro,y is considered to the foregoing rules) celebrated where the pro,y appears R$L"S ON &ARRIA," AS A STAT$S ")(TD) #ITD)TI&A P&IAT &" (&AT)(T % Personal rights F obligations Aational of husband between husband F wife (Note: -ffect of subseGuent change of nationality* a. If both will have a new nationality J the new one b. If only one will change J the last common nationality c. If no common nationality J

PINK NOTES: Rinchels guide to pass your law subjects CONFLICTS OF LA S nationality of husband at the time of wedding) Property relations bet husband F Aational law of husband without wife pre?udice to what the (( provides concerning +-) property located in the +P ()rticle 96) (NOTE* (hange of nationality has A& -""-(T. This is the )OCTRIN" OF I&&$TA-ILIT* IN T+" &ATRI&ONIAL %RO%"RT* R",I&"4


PINK NOTES: Rinchels guide to pass your law subjects CONFLICTS OF LA S R$L"S ON %RO%"RT* ")(TD) #ITD)TI&A +-) P+&P-+TE #uccessional rights Exceptions (apacity to succeed P&IAT &" (&AT)(T Lex rei sitae ()rticle %5, (() Aational law of decedent ()rticle %5 par. ', (() Aational law of decedent ()rticle. %678)

(ontracts involving real property The law intended will be the proper which do not deal with the title law of the contract ( lex loci thereto $ol&ntantis or lex loci intentionis) (ontracts where the real property is The principal contract (usually loan) given as security is governed by the proper law oft the contract J (lex loci $ol&ntatis or lex loci intentionis) NOTE* the mortgage itself is governed by lex rei sitae. There is a possibility that the principal contract is valid but the mortgage is voidB or it may be the other way around. If the principal contract is void, the mortgage will also be void (for lac@ of proper cause or consideration), although by itself, the mortgage could have been valid. T)A<IC - P-+#&A) P+&P-+TE ((;&#-# IA P&##-##I&A) % IA <-A-+) e, rei sitae ()rticle. %5, (() Exceptions: same as those for real E%CEPTION* same as those for real property property -P(-PT that in the e,ample concerning mortgage, the same must be changed to pledge of personal property) $-)A# &" T+)A#P&+T)TI&A .essels &ther means 7 T;IA<#
IA TRAN'IT( (T;-#- T;IA<# ;).- ) (;)A<IA< #T)TD# C-()D#T;-E $&.-)


aw of the flag (or in some cases, place of registry) aw of the depot (storage place for supplies or resting place)

aw of the destination ()rticle. %:47, (() .alidity F effect of the sei1ure of the Loc&s re!it act&m (where sei1ed) J goods because said place is their temporary sit&s 2isposition or alienage of the goods Lex loci $ol&tantis or lex loci intentionis J because here there is a contract

oss, destruction, deterioration

PINK NOTES: Rinchels guide to pass your law subjects CONFLICTS OF LA S ")(TD) #ITD)TI&A P&IAT &" (&AT)(T IAT)A<IC - P-+#&A) P+&P-+TE ((;&#-# IA )(TI&A) % +ecovery of debts or involuntary /here debtor may be effectively assignment of debts (garnishment) served with summons (usually the domicile) ' .oluntary assignment of debts Lex loci $ol&ntatis or lex loci intentionis (proper law of the contract) &T;-+ T;-&+I-#* a. Aational law of the debtor or creditor b. 2omicile of the debtor or creditor c) Lex loci cele#rationis d) Lex loci sol&tionis Ta,ation of debts 2omicile of creditor )dministration of debts Lex sit&s of assets of the debtor (for these assets can be held liable for the debts) Aegotiability or non-negotiability of The right embodied in the instrument an instrument (for e,ample, in the case of a #wedish bill of e,change, #wedish law determines its negotiability) .alidity of transfer, delivery or In general, situs of the instrument at negotiation of the instrument the time of transfer, delivery or negotiation -ffect on a corporation of the sale of aw of the place incorporation corporate shares -ffect between the parties of the sale e, loci voluntatis or le, loci of corporate shares intentionis (proper law of the contract) J for this is really a contractB usually this is the place where the certificate is delivered) Ta,ation on the dividends of aw of the place of incorporation corporate shares Ta,ation on the income from the sale aw of the place where the sale was of corporate shares consummated "ranchises aw of the place that granted them <oodwill of the business F ta,ation aw of the place where the business thereto is carried on Patents, copyrights, trademar@s, In the absence of a treaty, they are trade names protected only by the state that granted them NOTE* foreigners may sue for infringement of trademar@s and trade names in the +P &A E I" "ilipinos are granted reciprocal concessions in the state of the foreigners

7 3 4

5 : 9

8 %6 %% %' %7

PINK NOTES: Rinchels guide to pass your law subjects CONFLICTS OF LA S ills5 Succession 6 Ad#inistration o! Con!lict Rules ")(TD) #ITD)TI&A P&IAT &" (&AT)(T -PT+IA#I( .) I2ITE &" /I # % $ade by an alien abroad Lex nationalii &+ lex domicilii &+ +P law ()rticle 9%5, ((), &+ lex loci cele#rationis ()rticle %:(%)) ' $ade by a "ilipino abroad Lex nationalii &+ lex loci cele#rationis ()rticle 9%4) 7 $ade by an alien in the +P Lex nationalii &+ lex loci cele#rationis ()rticle 9%:)

PINK NOTES: Rinchels guide to pass your law subjects CONFLICTS OF LA S ")(TD) #ITD)TI&A -PT+IA#I( .) I2ITE &" =&IAT /I IA T;- #)$- IA#T+D$-AT) % $ade by "ilipinos abroad ' 7 $ade by aliens abroad $ade by aliens in the +P P&IAT &" (&AT)(T
# ($)2-

IAT+IA#I( .)

I2ITE &"


()P)(ITE T& #D((--2 +-.&()TI&A &" /I # % If done in the +P ' If done &DT#I2- the +P a. Cy a A&A-2&$I(I I)+E

Lex nationalii (void, even if valid where made) ()rticle 9%8) .alid if valid according to lex domicilii or lex loci cele#rationis ()rticle 9%8) Lex loci cele#rationis therefore void even if apparently allowed by )rticle 9%: because the prohibition on ?oint wills is a clear e,pression of public policy Lex nationalii of the deceased J regardless of the &()TI&A F A)TD+- of the property ()rticle %5 (')) Lex nationalii of the deceased J not of the heir ()rticle %678) Lex loci act&s (of the revocation) ()rticle. 9'8) Lex loci cele#rationis (of the ma@ing of the will, A&T revocation), &+ lex domicilii ()rticle 9'8) Lex domicilii (+P law) &+ lex loci act&s (of the revocation) ()rticle %:) Lex fori of the +P applies as to the procedural aspects, i)e), the will must be fully probated here F due e,ecution must be shown Lex fori of the +P again applies as to the procedural aspectsB must also be probated here, but instead of proving due e,ecution, generally it is enough to as@ for the enforcement here of the foreign ?udgment on the probate abroad Place where domiciled at death or incase of non-domiciliary, where assets are found (o-e,tensive with the Gualifying of the appointing court J powers may only be e,ercised within the territorial ?urisdiction of the court concerned NOTE* these rules also apply to principal, domiciliary, or ancillary administrators F receivers even in non-successive cases

b. Cy a 2&$I(I I)+E of the +P P+&C)T- &" /I # $)2- )C+&)2 % If not yet probated abroad


If already probated abroad

-P-(DT&+# )A2 )2$IAI#T+)T&+# % /here appointed ' Powers

PINK NOTES: Rinchels guide to pass your law subjects CONFLICTS OF LA S R$L"S ON O-LI,ATION AN) CONTRACTS ")(TD) #ITD)TI&A "&+$) &+ -PT+IA#I( .) I2ITE Exceptions a. )lienation property F encumbrance of P&IAT &" (&AT)(T Lex loci cele#rationis ()rticle %: Q%R) e, situs ()rticle %5 N%O) aw of the +P (if made in +P consulates) Aational law ()rticle %4) without pre?udice to the case of Insular <overnment v "ran@ %7 P '75, where the #( adhered to the theory of lex loci cele#rationis of Lex sit&s ()rticle %5 Q%R) Proper law of the contract J lex contract&s (in the broad sense), meaning the lex $ol&ntatis or lex loci intentionis

b. (onsular contracts ()P)(ITE &" (&AT+)(TIA< P)+TI-#

Exception )lienation property IAT+IA#I( F encumbrance

.) I2ITE (IA( D2IA< IAT-+P+-T)TI&A &" T;- IA#T+D$-AT#, )A2 )$T. &" 2)$)<-# "&+ C+-)(;)

&T;-+ T;-&+I-# )+-* a. Lex loci cele#rationis (defect* this ma@es possible the evasion of the national law) b. Lex nationalii (defect* this may impede commercial transactions) c. Lex loci sol&tionis (law of the place of performance) (defect* there may be several places of performance d. Prof $inorSs solution* i. Perfection J lex loci cele#rationis ii. (ause or consideration J lex loci considerations iii. Performance J lex loci sol&tionis (defect* this theory combines the defect of the others) R$L"S ON TORTS ")(TD) #ITD)TI&A iability F damages for torts in general NOTE* The loc&s delicti (place of commission of torts) is faced by the problem of characteri1ation. In civil law countries, the loc&s delicti is generally where the act beganB in common law countries, it is where the act first became effective P&IAT &" (&AT)(T Lex loci delicti (law of the place where the delict was committed) NOTE* liability for foreign torts may be enforced in the +P if* a. The tort is not penal in character b. If the enforcement of the tortious liability wonSt contravene our public policy c. If our ?udicial machinery is adeGuate for such enforcement P&IAT &" (&AT)(T Generall* where committed +loc&s re!it act&m,

R$L"S ON CRI&"S ")(TD) #ITD)TI&A -##-ATI) - -$-AT# &"

P-A) TI-#

) (+I$- )A2

PINK NOTES: Rinchels guide to pass your law subjects CONFLICTS OF LA S T;-&+I-# )# T& /;)T (&D+T ;)# =D+I#2I(TI&A* a. Territoriality theory J where the crime was committed b. Aationality theory J country which the criminal is citi1en or a sub?ect c. +eal theory J any state whose penal code has been violated has ?urisdiction, where the crime was committed inside or outside its territory d. Protective theory J any state whose national interests may be ?eopardi1ed has ?urisdiction so that it may protect itself e. (osmopolitan or universality theory J state where the criminal is found or which has his custody has ?urisdiction f. Passive personality theory J the state of which the victim is a citi1en or sub?ect has ?urisdiction NOTE: In the +P, we follow the territoriality theory in generalB e,ception* )rticle ', +P(, stresses the protective theory T;- LOC(' DELICTI &" (-+T)IA (+I$-# % "rustrated an consummated, /here the victim was in?ured (not homicide, murder, infanticide F where the aggressor wielded his parricide weapon) ' )ttempted homicide, etc. /here the intended victim was (not where the aggressor was situated) J so long as the weapon or the bullet either touched him or fell inside the territory where he was 7 Cigamy /here the illegal marriage was performed 3 Theft F robbery /here the property was unlawfully ta@en from the victim (not the place to which the criminal went after the commission of the crime) 4 -stafa or swindling thru false /here the ob?ect of the crime was representation received (not where the false representations were made) 5 (onspiracy to commit treason, /here the conspiracy was formed rebellion, or sedition (not where the overt act of treason, NOTE: &ther conspiracies are A&T rebellion or sedition was committed) penali1ed by our laws : ibel /here published or circulated 9 (ontinuing crime )ny place where the offense begins, e,ists or continues 8 (omple, crime )ny place where any of the essential elements of the crime too@ place Rules on (uridical %ersons ")(TD) #ITD)TI&A (&+P&+)TI&A# Powers and liabilities P&IAT &" (&AT)(T <eneral rule* the law of the place of incorporation E%CEPTION'* a. "or constitutional purposes J even of the corporation was incorporated in the +P, it is nor deemed a "ilipino corporation F therefore canSt acGuire land, e,ploit our natural resources, : operate public utilities unless 56T of capital if "ilipino owned

PINK NOTES: Rinchels guide to pass your law subjects CONFLICTS OF LA S b. "or wartime purposes J we pierce the corporation veil F go to the nationality of the controlling stoc@holders to determine if the corporation is an enemy ((&AT+& T-#T) "ormation of the corporation aw of the place of incorporation (reGuisites)B @ind of stoc@s, transfer of stoc@s to bind the corporation, issuance, amount F legality F dividends, powers F duties of members, stoc@holders and officers .alidity of corporate acts F contracts aw of the place of incorporation F (including &ltra $ires acts) law of the place of performance (the act or contract must be authori1ed by C&T; laws) +ight to sue F amenability to court Lex fori processes F suits against it $anner F effect of dissolution aw of the place of incorporation provided that the public policy of the forum is not militated against 2omicile If not fi,ed by the law creating or recogni1ing the corporation or by any other provision J the domicile is where it is legal representation is established or where it e,ercises its principal functions ()rticle. %4) +eceivers (appointment F powers) Principal receiver is appointed by the courts of the state of incorporationB ancillary receivers, by the courts of any state where the corporation has assets (authority is (&--PT-A#I.-) w/ the authority of the appointing court NOTE: Theories on the personal and/or governing law of corporations* a. aw of the place of incorporation (this is generally the +P rule) b. aw of the place or center of management (center for administration or siege social) (center office principle) c. aw of the place of e,ploitation (exploitation centre or sie!e d- exploitation) P)+TA-+#;IP# The e,istence or non-e,istence of The personal law of the partnership, legal personality of the firmB the i.e., the law of the place where it was capacity to contractB liability of the created ()rticle %4 of the (ode of firm F the partners to 7rd persons (ommerce) (#ub?ect to the e,ceptions given above as in the case of corps.) (reation of branches in the +PB +P law (law of the place where validity F effect of the branchesS branches were created) ()rticle %4, commercial transactionB F the (ode of (ommerce) ?urisdiction of the court 2issolution, winding up, F +P law ()rticle %4, (ode of termination of branches in the +P (ommerce) 2omicile If not fi,ed by the law creating or recogni1ing the partnership or by any other provision J the domicile is where it is legal representation is

PINK NOTES: Rinchels guide to pass your law subjects CONFLICTS OF LA S established or where it e,ercises its principal functions ()rticle. %4) +P law insofar as the assets in the +P are concerned can be e,ercised as such only in the +P Personal law of the foundation (place of principal center of administration)

+eceivers "&DA2)TI&A# ((&$CIA)TI&A IA2-P-A2-AT &" IA2I.I2D) #, "&+ P+&"IT) %. CAS"S

&" ()PIT) D#D) E A&T

%. ()2) IA .# P&-) - %'-4-83 - court of forum will not enforce any foreign claim obno,ious to the public policy of the forum. -- foreign procedural law is inapplicable in the forum. Procedural matter are governed by the law of the forum even if the action is based on foreign law. '. ;#C( .# #;-+$)A - an agreement to sue and be sued is a specific court does not preclude the filing of suit in the residence of plaintiff or defendant - renuncio non prasunitur 7. #) .)(I&A .# C.P - /hen the local law gives protection to the foreigner with pre?udice against a national, , interpretation should be in favor of the national. 3. )D+- .# <)+(I) - le, situs is applicable only in a dispute over the title of an immovable such that capacity to ta@e and transfer, or the interpretation and effect of conveyance and the essential validity of transfer not when the issue is tether authority of the government to sue the immovable is in Guestion. 4. )UA)+ .# <)+(I) - +envoi - when the nationality of the deceased (foreigner) states that the law of the domicile (Phil) should govern, then the successional rights of the heir is govern by the Phil law. 5. #)D2I )+)CI)A )I+ IA- .# () %6-9-89 - when the factual situation of the case has significant relation to the place of the forum, and the defendant is a foreign corporation engaged in doing in business in the Phil and the plaintiff is a resident therein, the court can acGuire ?urisdiction over the case. 9. P)>I#T)A .# &P - - if respondent did not present evidence of foreign law, it is presumed that the foreign law is the same as the law of the forum. - stipulation of the parties does not deprive the forum of its ?urisdiction +-CD# #i( IA#T)ATICD# - opposite of pacta sunt servanda - ?ustify the non performance of the treaty - reGuires political act 8. C)A(& 2- C+)UI .# () 5-%5-66 - an action for damages iis an action in personam. - summon by publication or service of summon to the ambassador of Cra1il does not acGuire ?urisdiction to the petitioner.

PINK NOTES: Rinchels guide to pass your law subjects CONFLICTS OF LA S non-resident corporation - cannot acGuire ?urisdiction in personal action %6. $;( vs A +( %6-%7-66 - if the only lin@ it has with the case is that the respondent is a "ilipino +esident, case cannot be tried. - if case involve purely foreign element - court ca refuse to assume ?urisdiction - forum non conviniens (ourt can assume if the ff reGuirements are present %. Phil court is one the which the parties may conveniently resolveB '. The Phil court is in the position to ma@e an intelligent decision as to the law and fact. 7. The Phil court has li@ely to enforce the decision. OT+"R CAS"S '. Phil aluminium vs +T( of Pasig - %6-%'-66 <+A %7:7:9 7. Aagarmull vs binalbagan <+A -''3:9, 4-'9/:9 3. A/ &rient airline vs (a - <+A %%'4:7, '-8-84 4. Per@ins vs 2i1on 5. Coudard vs Tait :. Per@ins vs Cenguet (onsolidated $ining 9. Philsec vs (a 8. Inghenoil vs /alter and olsen <+A '''99 %-%'-'4 %6. )siavest vs () %%6'57 :-'6-6%