C. Application of Foreign Law: Theories on the Choice of law Comity- courtesy of one State towards another. sometimes called the principle of reciprocity doctrine of retaliation: reciprocity employed with a note of vengeance (this was also applied in the Hilton case because the court said that the court in the US need not give the judgment rendered by the French court conclusive effect because there was no reciprocity on the part of France) Hilton v. Guyot “Comity, in the legal sense, is neither a matter of absolute obligation on the one hand, nor of mere courtesy and goodwill, upon the other. But itis the recognition which one nation allows within its territory, to the legislative, executive, or judicial acts of another nation, having due regard both to international duty and convenience, and to the rights of it own citizens, or of other persons who are under the protection of its laws.”2. Protection of vested rights theory the function of Conflict of laws is to give effect to rights acquired under the proper foreign law, and not to enforce foreign law. MacDonald v. Railway “When a right is claimed upon acts occurring in another country, courts look to the law of the country, not to extend the binding force of a foreign law beyond the territorial limits of the sovereignty to which it belongs. Itis not the foreign law but the rights acquired under it which are enforced by the courts in another country.” Loucks v. Standards Oil Company of New York “A foreign statute is not law in this state, but it ae rise to an obligation, which, if transitory, ‘follows the person and may be enforced wherever the person may be found.’ No law can exist as such except the law of the land; but it is a principle of every civilized law that vested rights shall be protected.” (UNLESS the enforcement of the right is contrary to public policy)3. Local Law Theory- application of local law by analogy Guinness v. Miller “No court can enforce any law but that of its sovereign and, when a suitor comes to a jurisdiction foreign to the place of tort, he can only invoke an obligation recognized by the sovereign. A foreign sovereign under civilized law imposes an obligation of its own as nearly homologous as possible to that arising in the place where the tort occurs.” a) The law of the Most Significant Relationship - the location of one single most significant factor in an event or transaction should identify the State or territorial jurisdiction whose law should govern the transaction. eg. land questions were to be governed by the law of the place where the land is located tort questions by the law of the place of wrong procedural questions by the law of the forum contract questions by the law of the place where the contract was made b) State-interest theoryc) Principle of Preference - choice of law should not be the result of the automatic operation of a rule or principle of selection but of a search for a “just decision” d) Functional Approach - the approach aims at solutions that are “the rational elaboration and application of the policies and purposes underlying specific legal rules and the legal system as a whole.” e) Choice-influencing considerations - Five Basic Considerations: predictability of results maintenance of interstate and international order simplification of the judicial task advancement of the forum’s governmental interests application of the better rule of lawf) Comparative Approach g) Convenient Forum Theory - forum non conveniens h) Harmony of Treatment and Uniformity of Result Theory - equal justice under the law requires the decision be the same wherever the claim is brought. A conflict problem should receive the same treatment and disposition wherever the forum may happen to be. ll. | Ascertainment and Proof of Foreign Law How is the foreign law proved? Under Philippine procedural rules, a distinction is drawn between written and unwritten law. Written lay may be evidenced by an official publication thereof or by Y a copy attested by the officer having the legal custody of the record, or by his deputy, and must be accompanied with a certificate that such officer has custody. The certificate may be made by a secretary of embassy or legation, consul general, consul, vice-consul, or consular agent or by any officer in the foreign service of the Philippines stationed in the foreign country in which the record is kept, and authenticated by the seal of his office.Williamette Iron and Steel Works v. Muzzal Does not exclude the presentation of other competent evidence to prove the existence of a foreign law. Unwritten law Where the foreign law sought to be proved is “unwritten”, the oral testimony of expert witnesses is admissible, as are printed and published books of reports of decisions of the courts of the country concerned if proved to be commonly admitted in such courts.