Lecture No.

4
I.

If the court has no jurisdiction over the subject matter = it shall

dismiss the case
a. Application:
i. Purely internal and
ii. Conflicts problems
b. It is a fundamental rule in civil procedure.
If the court has no jurisdiction
a. If purely internal = the court MUST ASSUME jurisdiction
i. The fact that there may be no law applicable to the case
at hand is NOT EXCUSE [Art. 9, CC; Chu v. Bernas, 34
Phil. 631]
ii. REMEDY: the court can always apply the pertinent custom
or general principle of law

II.

Art. 9
I.
II.

III.

Provision: No judge or court shall decline to render judgment by

reason of the silence, obscurity, and insufficiency of the laws.
Fiat justicia ruat coelom When a provision of law is silent or
ambiguous, judges ought to invoke a solution responsive to the
urge of conscience.
a. The governing law cannot be supplanted with customs, no
matter how widely observed
b. Customs a rule of conduct formed by repetition of acts,
uniformly observed (practiced) as a social rule, legally binding
and obligatory
i. In the absence of a law or principle of law = apply the
rules of fair play
ii. Proof of Custom: must be proved as a FACT so that it can
be used as a source of right
1. Exception: when the custom is of public knowledge
comes under judicial notice
JUDICIAL LEGISLATION Action of the Court
a. Cases when applicable:
i. In the event that NO custom is applicable / proved AND
ii. no general law pertinent to the case
b. BASIS: Art. 9
c. The judge legislates only between the gaps.

Forum Non Conveniens It is not convenient for the

Forum
I.

II.

Case involves a foreign element: Court choices

a. Assume jurisdiction
i. 2 options:
1. Apply the local or domestic law lex fori
2. Apply the proper foreign law lex causae
b. Refuse to assume jurisdiction on the ground of forum non
conveniens
Conflicts problems vs. Internal cases
Conflicts
Because of foreign element, they

Internal
Have first claim on court

1.
2.
3.
4.
5.

may be entertained in foreign

tribunals (which may be in a
better position to try the case)
The forum may decline to assume
jurisdiction on the ground of
inconvenience without causing
injustice to the aggrieved party
who may seek relief in a foreign
court.
o Inconvenience is material
only in conflicts cases
o Inconvenience must pertain
to the tribunal, not the
parties
o Manifestation of
Inconvenience:
EVIDENCE and WITNESSES may
NOT be READILY AVAILABLE
COURT DOCKET may already be
CLOGGED with local cases
The evil of forum-shopping
should be curbed
FORUM has no particular
INTEREST in the case
OTHER COURTS are OPEN that
may better try and decide the
case

attention
o On local cases, the
court is ordered to
assume jurisdiction,
the authorization is
a command for the
court to assume
jurisdiction
o Because it is only
the forum where
the relief sought
may be obtained

III.
Problem:
An American person and a German corporation entered into a contract
in Paris. The German corporation also does business in Makati. The
American filed a case in RTC Manila.
Answer: While the RTC may have jurisdiction over the subject matter
and over the persons of the parties, it may dismiss the case on the
ground of forums non conveniens.
Possible that there is forum-shipping

Forum Conveniens As recently applied

Iran filing an in personam action at New York, the place where the
Iranian Shah and his wife are staying because of a hospital stay asking
for constructive trust on assets throughout the world, which a NY Court
cannot grant
>>>EXCEPTION: Marcos case wherein the assets are pieces of real
estate, fixed and immovable
India petitioned in the US against a US Company because of the
poisoning incident in India. = The US Court dismissed it on the ground
that it can be better tried in India where the incident happened, and
where the witnesses were.

What is Forum-Shopping?
I.

Description:
a. The underhanded and contemptible PRACTICE

II.

III.
IV.

V.

b. Of a PLAINTIFF
c. In choosing the forum out of several available courts or tribunals
the world over
d. In order to secure certain procedural advantages
Laymans Terms:
a. The plaintif
i. Examines the legal systems of the possible venues of his
actions and
ii. Chooses the one perceived to be most congenial to his
cause
Origin as a concept in a private internation law
WHEN INVOKED:
a. By a DEFENDANT (corporation or juridical person; not a natural
person because it may be difficult for the forum to acquire
jurisdiction over his person)
Rules in the case of a NON-RESIDENT DEFENDANT who may be
SUED where he may be FOUND = Sec. 2; Rule 4, Rules of Civil
Procedure

Application of the Lex Fori

I.
II.
III.

Conflicts rule so provides

Proper foreign law has not been properly pleaded and proved; and
When the case falls under the 8 BASIC EXCEPTIONS to the application
of the proper foreign law:
a. Foreign law, judgment or contract
i. is CONTRARY
1. to a sound and important public policy of the forum;
2. to universally recognized principles of morality (contra
bonos mores);
ii. its application may work against the vital interests and
national security of the State; and
b. foreign law or judgment is PENAL in nature;
c. foreign law is
i. procedural in nature;
ii. fiscal or administrative in nature
d. case involves real or personal property situated in the forum

IV.

When the conflicts rule provides that the lex fori shall apply

Examples:
o Art. 80, FC: property relations of H & W governed by Philippine
laws
Regardless of place of celebration of marriage and
residence
NOT APPLIED:
a. Both spouses are aliens
b. Extrinsic validity of contracts afecting property NOT
situated in the Philippines and executed where the
property is located
c. Extrinsic validity of contracts entered into in the
Philippines but afecting property situated in a foreign
country whose laws require diferent formatilities
Problems:
I.
Husband and wife (both Filipinos) have real properties in NY
where they reside.

II.

a. Philippine courts should not try a case if they have no power

to enforce their judgment
Mixed marriage (Foreigner and Filipino)
a. Philippine law governs (Art. 80, FC)
b. Only if our courts are forced to decide the case
i. Courts have not business trying a case if they are in no
position to enforce their judgment

DOCTRINE OF IMMUTABILITY OF THE MATRIMONIAL PROPERTY REGIME

I.

II.
III.

V.

Description:
a. Regardless of change of nationality of ANY or BOTH of the
spouses
b. The ORIGINAL PROPERTY REGIME at the start of the marriage
REMAINS CONSTANT
Purpose: for the protection of the spouses and creditors
SUBJECT TO THE DOCTRINE OF MUTABILITY OF THE LAW
a. When the law of the original nationality itself is amended =
property relationship has to change accordingly

When the proper foreign law has not been properly pleaded
and proved = Local Law is applied
A. Purpose: foreign law is not within the scope of judicial notice; it has to
be proved as a fact in accordance with the rules of evidence
a. If not proven as a fact = PROCESSUAL PRESUMPTION
i. Presumption that the Foreign Law is identical with the
local law
1. Court proceeds to apply the local law
ii. Dictated by necessity
1. The fact that the interested party fails to prove that
applicable foreign law = does NOT relieve the court
of its obligation to decide the case
b. Evidence of proof of FOREIGN LAW
i. written law:
1. An official publication or
2. Copy attested by the officers having the legal
custody of the record
a. Accompanied with a certificate that the
officer has custody
b. Certificate may be made by any officer in
foreign service of the Philippines stationed in
the foreign country in which the record is
kept and authenticated by the seal of this
office.
ii. Unwritten law
1. Testimony of witness
c. Not EVIDENCE of proof:
i. Copy of the law found in a book in National Library
ii. Written answers of the Chinese counsul general to prove
Chinese law
1. Because he is not an expert on Chinese law
2. Not presented as a court witness
d. WHEN TO PROVE: even in subsequent cases
i. Because of the dynamic nature of the law
ii. The law may be amended or repealed any time
iii. >>>exceptions:

1. in a PARTITION PROJECT after PROBATE

PROCEEDING
2. if the law has already been the subject of proof in a
case already decided by the SC
e. Additional PROOF:
i. Learned Treaties
1. Published treatise or periodical on a subject of
history
ii. Opinion of Expert Witness
iii. Proof of Official Record