CONFLICT OF LAWS Introduction

Public international law (PIL) refers to

the law that regulates the relations of
CONFLICT OF LAWS States and other entities possessing
international personality.

BASIS PRIL PIL

TOPICS UNDER THE SYLLABUS Nature Municipal or International
national in in character
I. INTRODUCTION character
A. Functions Transactions Private Generally
B. Difference between private and involved transactions affected by
public international law between public
individuals interest, or
those that
are of
interest only
I. INTRODUCTION to sovereign
states
Remedies Resort to May be
and municipal peaceful or
sanctions tribunals forcible
Private international law or conflict of Sources (See below) Custom,
laws is that part of the municipal law of treaty and
the State which governs cases involving a general
foreign element. principles of
law,
Private International Law is not a recognized
separate, distinct branch of law; nor is it a by civilized
mere part of Civil Law but rather it nations and
traverses and concerns almost every juridical
department of law. decisions
and
C. THREEFOLD FUNCTIONS OF teachings of
PRIVATE INTERNATIONAL LAW the most
(CJS) highly
qualified
publicists
1. Prescribe conditions under which a
court or agency is competent to
SOURCES OF PRIVATE
entertain a suit or proceeding involving
INTERNATIONAL LAW (CSM-BC-CC)
facts containing a foreign element;
1. Codifications
2. Specify circumstances in which foreign
judgment will be recognized a valid 2. Special Legislation
3. Multilateral Treaties and International
and binding in the forum; and
Conventions
3. Determine for each class of cases the
particular system of law by reference 4. Bilateral Treaties
5. Case Law
to which the rights of parties must be
6. International Custom
ascertained.
7. Constitution
D. DIFFERENCE BETWEEN
PRIVATE (PRIL) AND PUBLIC END OF TOPIC
INTERNATIONAL LAW (PIL)

Page 5 of 491
 CONFLICT OF LAWS Jurisdiction and Choice of Law

TOPICS UNDER THE SYLLABUS

Jurisdiction over subject matter is fixed by
II. JURISDICTION law and cannot be conferred by consent of
A. Jurisdiction over the subject the parties or their voluntary submission.
matter
B. Jurisdiction over persons To succeed in its motion for the dismissal
C. Jurisdiction over the res of an action for lack of jurisdiction over the
D. Choice of forum and the subject matter of the claim, the movant
principle of forum non must show that the court or tribunal
conveniens cannot act on the matter submitted to it
because no law grants it the power to
adjudicate the claims. (Hasegawa vs.
Kitamura, G.R. No. 149177, 2007)

II. JURISDICTION AND B. JURISDICITON OVER PERSONS

CHOICE OF LAW
It is the competence of a court to render
decision that will bind the parties to the
suit.

THREE STAGES IN JUDICIAL C. JURISDICTION OVER THE RES

RESOLUTION OF CONFLICT
PROBLEMS It is the jurisdiction over the subject matter
of the controversy, regardless of the
1. Jurisdiction persons who may be interested therein. It
2. Choice of law may be classified as follows:
3. Recognition and enforcement of 1. Action in Rem purpose is to affect
judgments (Raytheon International v. the interests of all persons in a thing,
Rouzie, G.R. No. 162894, 2008) thus the court of the forum may render
judgment as long as it has jurisdiction
MAJOR QUESTIONS IN ANALYZING A over the res.
CONFLICT OF LAWS PROBLEM 2. Quasi in Rem purpose is to affect
interests of particular persons in a
1. Jurisdiction - where can or should thing, thus the court of the forum may
litigation be initiated? render judgment as long as it has
2. Choice of law - which law will the court jurisdiction over said persons.
apply? 3. Action in Personam purpose is to
3. Recognition and enforcement of impose personal liability upon the
foreign judgments - where can the defendant
resulting judgment be enforced?
(Hasegawa vs. Kitamura, G.R. No. NOTE: In all kinds of jurisdiction, due
149177, 2007) process requires that the State must have
a reasonable basis for exercising
A. JURISDICTION OVER THE jurisdiction; to be reasonable the
SUBJECT MATTER jurisdiction must be based on some
minimum contacts that will not offend
Power to hear and determine cases of traditional notions of fair play and
general class to which the proceedings in substantial justice (Salonga, Private
question belong. International Law, p. 44, 1995).

It is conferred by the sovereign authority,

which organizes the courts and defines it
powers.

Page 6 of 491
 CONFLICT OF LAWS Choice of Law

D. CHOICE OF FORUM known as the principle of

effectivenesss
While the parties are free to select the
forum for resolving disputes by way of a
choice of forum clause, said clause END OF TOPIC
does not operate to deny or divest TOPICS UNDER THE SYLLABUS
jurisdiction from the State, (HSBC v.
Sherman, G.R. No. 72494, 1989). III. CHOICE OF LAW
A. Application of internal law
Specifically, this jurisdiction only refers to B. Foreign law
the courts jurisdiction over the subject 1. Proof of foreign law
matter in a judicial proceeding. It is fixed 2. Exceptions to the application of
by law and determined by the allegations foreign law
of the complaint irrespective of whether
the plaintiff is entitled to all or some of the
claims asserted therein. (Hasegawa vs.
Kitamura, G.R. No. 149177, 2007)
III. CHOICE OF LAW
THREE WAYS OF DISPOSING
CONFLICT OF LAW CASES
1. Dismiss the case, either because of:
a. lack or jurisdiction;
b. refusal to assume jurisdiction Choice of law deals with the problem that
over the case on the ground that arises when two or more states have a
the controversy may be suitably connection to cases about which their
tried elsewhere (also known as respective laws differ. Each court must
the doctrine of forum non then choose which laws to apply based on
conveniens); or choice of law rules that themselves rest on
c. the Act of State doctrine public policy.
2. Assume jurisdiction over the case
and apply internal law of the forum Choice of Law seek to answer two
(i.e. lex fori); or important questions: (1) What legal
3. Assume jurisdiction over the case system should control a given situation
and take into account or apply the where some of the significant facts
law of some other State(s) (Salonga, occurred in two or more states; and (2) to
p. 44). what extent should the chosen legal
system regulate the situation (Saudi
PRINCIPLE OF FORUM NON Arabian Airlines v. CA, G.R. No. 122191,
CONVENIENS 1998).
A court, even though it has jurisdiction
over a conflict case, may refuse to A. APPLICATION OF INTERNAL
entertain a conflict case if it believes itself LAW
to be a seriously inconvenient forum and
force the parties to a more convenient THREE INSTANCES WHEN THE
forum. FORUM MUST APPLY INTERNAL LAW
1. When the application of internal law is
TEST TO DETERMINE MOST decreed;
CONVENIENT FORUM: 2. Where there is failure to plead and
1. Whether the forum is one to which the prove foreign law; and
parties may conveniently resort to; 3. Where the case involves any of the
2. Whether it is in the position as to make exceptions to the application of foreign
an intelligent decision as to the law law.
and the facts; and
3. Whether it has or is likely to have
power to enforce its decision, also

Page 7 of 491

B. APPLICATION OF FOREIGN LAW
1. Proof of foreign law
In the Philippine jurisdiction, it is settled that
must be treated as a fact that must be
pleaded and proved by the party invoking it.
Foreign law may either be: written or
unwritten.
Proof of Written Foreign Law - Written law
may be evidenced by (1) an official
publication thereof or (2) a copy attested by
the officer having legal custody of the record,
or by his deputy; and if the record is not kept
in the Philippines, accompanied, with a
certificate that such officer has the custody.
The certificate may be made by any of the
following officers and must be authenticated
by the seal of his office:
1. secretary of the embassy or legation,
2. consul general,
3. consul,
4. vice consul, or
5. consular agent or
6. any officer in the foreign service of the
Philippines stationed in the foreign
country in which the record is kept.
(Rules of Court, Rule 132, Sec. 24)
NOTE: This does not exclude presentation
of other competent evidence such as
testimony of witnesses skilled in that foreign
law (Williamette v. Muzzal, 61 Phil. 471,
1935)
Proof of Unwritten Foreign Law the
following are admissible: (1) the oral
testimony of expert witnesses and (2) printed
and published books of reports of decisions
of the courts of the State concerned if
proved to be commonly admitted in such
courts (Wildvalley Shipping Co., Ltd. v. CA,
G.R. No. 119602, 2000)
Exceptions: The strict rules of evidence to
prove foreign law do not apply in: (CLENIO)
1. Election cases,
2. Land registration,
3. Cadastral,
CONFLICT OF LAWS Choice of Law
4. Naturalization and
5. Insolvency proceedings, and
6. other cases not herein provided for,
except by analogy or in a suppletory
character and whenever practicable and
convenient. (ROC, Rule 1, Sec. 4)
Doctrine of processual presumption
where the foreign is not properly pleaded or
proved, the presumption of identity or
similarity arises, i.e., the foreign law is the
same as the domestic law.
2. Exceptions to the application of
foreign law (PIMP-A-VIP)
1. Enforcement of the foreign law would
run counter to an important public
policy;
2. Application of foreign law would
infringe good morality as understood
in the forum;
3. When the foreign law is penal in
nature;
4. Where the foreign law is procedural in
nature;
5. When the question involves
immovable property in the forum;
6. When the foreign law is fiscal or
administrative in nature;
7. Where the application of foreign law
would involve injustice or injury to the
citizens or residents in the forum;
8. Where the application of foreign law
would endanger vital interests of the
State of the forum.
NOTE: With regard to procedural laws, the
general rule is that the forum applies its own
procedural law (lex fori) in resolving a conflict
case while the foreign law is limited to the
substantive aspects.
Exception: Prescription of actions is sui
generis in Conflict of Laws; it may be viewed
either as procedural or substantive,
depending on the characterization given
such a law.
Exception to the exception: The
characterization of a statute of limitation
becomes irrelevant when the country of the
forum has a "borrowing statute."
Page 8 of 491
 CONFLICT OF LAWS Nature of Conflicts Rules
Borrowing law or statute directs the State
of the forum to apply the foreign statute of
foreign law. In short, it has the practical
effect of treating the foreign statute of
limitation as one of substance
One kind of borrowing statute provides that
an action barred by the laws of the place
where it accrued, will not be enforced in the
forum even though the local statute has not
run against it.
An example is section 48 of the Philippine
Code of Civil Procedure1 which provides
that, If by the laws of the state or country
where the cause of action arose the action is
barred, it is also barred in the Philippines
Islands.
NOTE: The courts of the forum will not
enforce any foreign claim (or statute)
obnoxious to the forum's public policy. (Id.)
Thus in Cadalin v. POEA, the Court
ruled that even if Bahrains Amiri Decree
No. 23 prescribes a one-year
prescriptive period for labor benefits
claimed by the Filipino petitioners, to
enforce such foreign law as regards the
claims in question would contravene the
Philippines public policy on the
protection to labor.
END OF TOPIC
TOPICS UNDER THE SYLLABUS
IV. NATURE OF CONFLICTS RULES
A. Characterization
B. Renvoi
IV. NATURE OF CONFLICTS
RULES
1
Incidentally, Section 48 has not been
repealed or amended by the Civil Code of the
Philippines. (Cadalin v. POEA, G.R. No. L-
104776, 1994).
limitations to the pending claims based on a
Distinguish Internal Rule from Conflict
Rule as to their Legal Effects
INTERNAL RULE CONFLICT RULE
Immediately solves Decides only which
the question raised law or jurisdiction
whether the will give the final
particular act is solution
allowed,
commanded or
prohibited
TWO PARTS OF A CONFLICT RULE
1. Factual Situation takes the form of
factual events or operative facts; and
2. Point of Contact or Test Factor
prescribed the municipal law to which
the question should referred or
connected
Example: Article 16 of the Civil Code
may be divided as follows:
1. Real property as well as personal
property (Factual Situation)
2. Is subject to the law of the country
where it is situated (or the situs of the
res) (Point of Contact)
POINTS OF CONTACT (DRONS-SAFES-
IF)
1. Nationality of a person, his domicile, his
residence, his place of sojourn, or his
origin;
2. Seat of a legal or juridical person;
3. Situs of a thing or the place where a
thing is, or is deemed to be situated.
4. Locus actus or the place where an act
has been done;
5. Place where an act is intended to come
into effect
6. Lex loci intentionis or the intention of the
contracting parties as to the law that
should govern their agreement;
7. Lex fori or the place where judicial or
administrative proceedings are instituted
or done; and
8. Flag of a ship (Saudia Arabian Airlines
v. CA, G.R. No. 122191, 1998)
Page 9 of 491
 CONFLICT OF LAWS Nature of Conflicts Rules
A. CHARACTERIZATION
Process of assigning a disputed question to
its correct legal category
THREE STAGES OF
CHARACTERIZATION
1. Classification of the problem (e.g.
whether the question relates to
contracts, property, torts, succession
etc).
As a matter of convenience, the
classification should be determined
in accordance with the law of the
forum.
2. Determination of foreign law based on
point of contact test
3. Selection, extent of application of the
proper law
B. RENVOI
A method of disposing a conflict problem
by referring a matter for judgment or
consideration to another State.
TWO TYPES OF RENVOI
1. Remission reference is made back
to the law of the forum;
2. Transmission reference is made to a
third State
FOUR THEORIES TO SOLVE THE
RENVOI PROBLEM
1. Rejection of Renvoi the reference of
the matter for judgment is confined
exclusively to the internal law of the
other State;
2. Acceptance of Renvoi reference is to
the entirety, including the conflicts rule of
the other State; and if the State of the
forum finds that the matter is referred to
back to it, the court might conclude that
the reference to the other State has not
provided a direct solution, in such case,
the court might accept the reference and
apply its own internal law (remission) or
the laws of the third State (transmission).
This is also called single renvoi.
3. Desistment or Mutual Disclaimer of
Jurisdiction reference is also to the
entirety, including the conflicts rule of the
other State; and if the State of the forum
finds that the matter is referred to back to
it, the court might conclude that the other
State has no rule of law applicable to the
situation, in such case, the court left is
with no other alternative but to apply its
own internal law;
4. Foreign Court Theory the law to be
applied by the court of the forum is that
law the court of the State referred would
have applied.
Double renvoi may arise, i.e., the
court of the forum, in applying the
foreign court theory, finds that the
referred State accepts the renvoi. In
which case, the court of the forum
shall therefore apply what the court
of the State referred would have
applied.
o Example: X was a citizen of State B
but domiciled in State C. A left
immovables in State B. As the courts
of State B follows the foreign court
theory, it will therefore decide the
case exactly as State C will decide.
- Assuming the State Bs court
determines that State Cs court
would have referred the matter to
State Bs internal laws alone, State
B would therefore apply its own
(State B)s internal laws as State B
would. (No renvoi in this scenario)
- Assuming however that the State
Bs court determines that State Cs
court would have referred the
matter to State Bs laws in its
entirety;
Then State C would have found
that State Bs conflict rules refers
the matter back to State Cs again
or a third State;
Thus, State C, which adopts the
acceptance of the renvoi theory,
would have therefore applied its
own laws or that of the third State.
The court of the forum, State B,
thus decides the case the way
State C would.
END OF TOPIC
Page 10 of 491

TOPIC UNDER THE SYLLABUS
V. CHARACTERIZATION
A. Property
B. Personal law, nationality and
domicile
C. Marriage, adoption and family
relations
D. Succession
E. Contracts
F. Torts and crimes
V. CHARACTERIZATION
A. PROPERTY
Lex situs rule - the Civil Code gives
exclusive importance to the lex situs,
regardless of the nature of the property;
thus, it provides that real property as well as
personal property is subject to the law of the
country where situated. (Civil Code, Art.16)
1. IMMOVABLES
SCOPE OF LEX SITUS RULE AS TO
IMMOVABLES
1. Capacity to take and transfer
immovables;
2. Formalities of conveyance;
3. Essential validity and effect of the
transfer;
4. Interpretation and effect of conveyance;
5. Validity and effect of mortgages and
other encumbrances;
6. Marital interest in land; and
7. Equitable interest in land
ELEMENTS OF A CONFLICT OF LAWS
PROBLEM AS TO IMMOVABLES: (C-FEI)
1. There is a dispute over the title or
ownership of an immovable, such that:
a. the capacity to take and transfer
immovables,
b. the formalities of conveyance,
c. the essential validity and effect of the
transfer, or
CONFLICT OF LAWS Characterization
d. the interpretation and effect of a
conveyance, are to be determined;
and
2. A foreign law on land ownership and its
conveyance is asserted to conflict with a
domestic law on the same matters.
Hence, the need to determine which law
should apply.
NOTE: Lex rei sitae is not applicable where
the issue is the authority of a State official to
validly dispose of property belonging to the
State and the validity of the procedures
adopted to effect its sale. (Laurel v. Garcia,
G.R. No. 92013, 1990).
EXCEPTION TO THE LEX SITUS RULE
AS TO IMMOVABLES
1. Succession - capacity to succeed, order
of succession, amount of successional
rights and intrinsic validity of
testamentary provisions, shall be
regulated by the national law of the
person whose succession is under
consideration, whatever may be the
nature of the property (Arts. 16 and
1039)
2. Parties Contractual Obligations - where
the issue involves the rights and
liabilities of the parties inter se as a
matter of contractual obligation, even
though the subject matter of the contract
is the land, the governing law is the law
that regulates the contract as a whole
3. Principal Obligation Secured - validity
and effect of the principal obligation,
which the encumbrance secures are
determined by principles applicable to
contracts in general
4. Contract to Transfer - while the validity
of the transfer of immovable is governed
by the lex situs rule, the validity of the
contract to transfer is determined by the
proper law of the contract
5. When the property within the situes
belongs to a foreign State (Holy See v.
Rosario, G.R. No. 101949, 1994).
2. MOVABLES
a. Choses in possession (tangible)
CATEGORY GOVERNING LAW
Tangible Law of the State in which
Page 11 of 491
 CONFLICT OF LAWS Characterization

(Gen. rule) the tangible object is garnishee

located at the time of the Negotiable Depends on the question
transaction in question instrument raised:
determines the creation and i. Question on negotiability
transfer of interests of the instrument
Except: Depends on the particular depends on the rights
1. Goods in event at issue embodied in the
Transit i. Seizure and arrest instrument
since the transport is ii. Question on validity and
deemed discontinued effect of the transfer of
for the time being, the the negotiable instrument
law of the temporary lex contractus
resting place shall
govern Corporate Depends on the transfer
ii. Disposition of goods shares involved, if:
the law of any place i. It affects change in the
having substantial relation of the parties with
connection to the the corporation - the law
transaction shall govern of the place of
(Salonga, p. 494) incorporation governs
2. Means of i. Trains, motor cars and ii. Transfer affects the
Transport or aircrafts the place parties alone the law of
Conveyances where it generally has the place where the
some fixed station or transaction is mostly
resting place as if it was connected to governs
a resident
ii. Seagoing vessels the
law of the flag
determines B. PERSONAL LAW, NATIONALITY
AND DOMICILE
b. Choses in action (intangible) 1. Personal Law
Also known as statuta personal refers to
CATEGORY GOVERNING LAW laws that concern persons, their legal
Voluntary This question remains condition and civil status.
assignment unsettled. However, there
of debts are 4 theories to resolve it, Two Approaches to Determine Personal
to wit: Law: (1) Nationality, and (2) Domicile.
i. Law of the domicile of the
obligee or owner of the 2. Nationality
right of action Refers to a personal and more or less
ii. Law of the place where permanent membership in a political
assignment is executed community.
iii. Quasi-situs or where the
debt is properly Under the conflicts rules of the Civil Code,
recoverable; and the national law of an individual regulates his
iv. Lex Contractus or the civil status and condition, his family rights
law of the contract or the and duties, the intrinsic validity of his will and
original action out of the rights of succession to his properties
which the chose in action (Arts. 15, 16 par. 2 and 1069).
arose Commented [AG1]: PLEASE STATE THAT THIS IS
Involuntary Law of the State where Determination of Nationality UNSETTLED AND THERE ARE FOUR THEORIES.
assignment jurisdiction is effectively As a rule, each State is free to determine by
of debts exercisable against the its own municipal law the persons it

Page 12 of 491

considers as its nationals. Thus, any
question as to whether a person is a national
of particular State shall be determined by the
municipal law of that State. (Hague
Convention on Conflict of Nationality Laws in
1930, Art. 2).
The 1987 Constitution, thus provides,
who are Filipino citizens:
1. Those who are citizens of the Philippines
at the time of the adoption of this
Constitution;
2. Those whose fathers or mothers are
citizens of the Philippines;
3. Those born before January 17, 1973, of
Filipino mothers, who elect Philippine
citizenship upon reaching the age of
majority; and
4. Those who are naturalized in
accordance with law (Phil. Const., Art.
IV, Sec. 1)
NOTE: a person having two or more
nationalities may be regarded as a national
by each of the States whose nationality he
possesses (Art. 3, Hague Convention on
Conflict of Nationality Laws).
Modes of Acquisition of Nationality
(BiNCReS)
1. Birth
a. Jus Sanguinis
b. Jus Soli
2. Naturalization grant of citizenship upon
application by some act which would
qualify an individual for a new nationality.
3. Repatriation recovery of original
nationality upon fulfillment of certain
conditions
4. Subjugation - when a State is defeated
or conquered, all the citizens acquire the
nationality of the conquering State.
5. Cession - When a State has been ceded
in another State, all the people of the
territory acquire the nationality of the
State in which their territory has been
merged
Modes of Losing Nationality (ReDRES)
1. Release a citizen may apply for
release from citizenship of his State
2. Deprivation the State concerned may
deprive their citizens of nationality
CONFLICT OF LAWS Characterization
Ex. the Philippines may deprive
their citizens of nationality upon
entry into the military service of a
foreign power.
3. Expiration of nationality may result
from a long stay abroad without any
indication of a desire to return
4. Renunciation a person may repudiate
his nationality in favor of another.
5. Substitution loss of nationality ipso
facto by naturalization abroad or by
marriage
Instances when Dual or Multiple
Nationalities Arise:
1. Concurrent application of jus soli and jus
sanguine at birth;
2. Refusal of certain States to accept a full
application of the doctrine of expatriation;
3. Marriage; or
4. Any formal or voluntary act of the
individual.
NOTE: If the litigation arises in a third
country, the forum may recognize
exclusively in its territory the nationality of
the State with which the circumstances he
appears to be in fact most closely
connected (Hague Convention on Conflict
of Nationality Law, Art. 5).
Special Treatments affecting Nationality
of Persons in Mixed Marriages involving
Filipinos
Foreign woman married to a Filipino -
becomes ipso facto a Filipino provided
she is not disqualified to be a citizen of
the Philippines under its naturalization
law.
However, to settle the matter of the
wifes citizenship once and for all, the
Court deemed it proper to adopt the
procedure followed in the Bureau of
Immigration, to wit:
The wife must file a petition for the
cancellation of her alien certificate of
registration alleging, among other
things that:
1. She is married to a Filipino citizen;
and
2. She is not disqualified from acquiring
her husband's citizenship pursuant
Page 13 of 491

to the Naturalization Law, as
amended.
3. Upon the finding that that the
petitioner does not belong to any of
the groups disqualified from
becoming naturalized Filipino citizen,
the Bureau of Immigration shall
conduct an investigation and
thereafter promulgates its order or
decision granting or denying the
petition.
4. If granted, the Commissioner of
Immigration shall cancel the
petitioner's registration as an alien
(Mo Ya Lim Yao v. CIR, G.R. No. L-
21289, 1971).
Filipinos married to aliens retain their
citizenship unless by their act or
omission they are deemed under the
laws to have renounced their citizenship
(1987 Phil. Const., Art. IV, Sec. 4).
3. Domicile
In other jurisdictions, domicile serves as the
necessary connection to determine an
individuals personal law.
Domicile is the place with which a person
has a settled connection for legal purposes,
either because: he resides there or it is the
place assigned to him by law.
Importance of Domicile in the Philippines
1. Inadequacy of nationality principle in
determining personal law of:
stateless persons,
persons of multiple nationality,
and
persons belonging to countries
of composite system of law on
territorial basis
2. Personal status of individuals from
States following the domiciliary principle
may be the subject of litigation in the
Philippines;
3. Occasional reference by Philippine law
to the lex domicilii in determining the
validity of certain acts
Example:
Formal validity of a will (NCC,
Art. 816) or
Revocation of a will outside the
Philippines(NCC, Art. 829)
CONFLICT OF LAWS Characterization
BASIC PRINCIPLES OF DOMICILE
1. Every person must have a domicile;
2. A person cannot have two simultaneous
domiciles;
3. Every natural person, as long as he is
free and sui juris, may change his
domicile;
4. A domicile once acquired is retained
unless a new one is obtained.
5. The presumption is in favor of the
continuance of an existing domicile.
Thus, the burden of proof is on the one
who alleges that a change of domicile
has taken place.
What Law Determines Domicile? The
forum determines domicile according to its
own standards.
KINDS OF DOMICILE
1. Domicile of origin the domicile of a
persons parents at the time of his birth
2. Constructive domicile the domicile
established by law after birth in case of
persons under legal disability, regardless
of their intention or voluntary act.
3. Domicile of choice is the place
voluntarily chosen by a person sui juris
as his home and to which, whenever he
is absent he has the intention of
returning.
ESSENTIAL REQUISITES OF DOMICILE
OF CHOICE
1. Capacity
2. Freedom of Choice
3. Residence or physical presence in the
place where domicile is alleged to have
been acquired;
4. Intention to make the place of residence
the permanent place of abode, or simply
home (animus samper manendi).
The primary intention required is
intention to make a home rather than an
intention to acquire a domicile.
Otherwise, persons could choose to be
domiciled in a State of low burdens and
high benefits irrespective of where they
actually happened to live.
As a rule, the motive or reason
prompting a person to make a given
place his home is immaterial.
Page 14 of 491

NOTE: The husband and the wife shall fix
the family domicile but in case of
disagreement, the court shall decide (FCP,
Art. 69)
SUMMARY OF RULES ON DOMICILE OF
CHOICE
1. To acquire a fresh domicile, residence
and intention must concur;
2. To retain an existing domicile, either
residence or intention to remain must be
present;
3. To abandon a domicile, residence in the
new place and intention to abandon the
old place must concur.
C. MARRIAGE, ADOPTION AND
FAMILY RELATIONS
1. Personal status
It is the legal position of an individual in his
society.
It includes such matters as the beginning
and end of legal personality, capacity to
have rights in general, family relations and
its various aspects such as: birth,
legitimation, adoption, emancipation,
marriage, divorce, and sometimes even
succession.
NOTE: Personal status is ordinarily not
terminable at a persons own will.
2. Capacity to contract marriage
It refers to his power to acquire and exercise
rights.
In Conflict of Laws, the inquiry is to ascertain
what system of law will determine a persons
capacity to enter into a legal transaction
when there is conflict between the law of the
place where the transaction is entered into
and some system of law, such as the law of
the domicile or the nationality, which can
claim to regulate that persons act.
3. Formal validity of marriages
FORMAL VALIDITY OF MARRIAGES - If
the marriage is valid by the law of the place
of celebration or lex loci celebrationis, it is
also valid in other places.
CONFLICT OF LAWS Characterization
Philippine Conflict Rule on Formal and
Substantive Validity of Marriage
Art. 26 of the Family Code: All marriages
solemnized outside the Philippines, in
accordance with the laws in force in the
country where they were solemnized, and
valid there as such, shall also be valid in this
country.
4. Substantive validity of marriages
General Rule: lex loci celebrationis
Exceptions:
1. Substantive validity of marriages of
Filipino nationals who marry abroad
before Philippine consular or
diplomatic officials - governed by
Philippine law.
2. Marriages prohibited under
Philippine Law will not be upheld as
valid in this country even if the lex
loci celebrationis considers it valid
(Art. 26 par. 2 of the Family Code).
REQUISITES TO UPHOLD MARRIAGES
CONTRACTED ABROAD
1. Existence of the foreign law as a
question of fact; and
2. Alleged foreign marriage by convincing
evidence (Adong v. Cheong Seng Gee,
43 Phil. 43, 1922)
5. Annulment of marriages
a. Jurisdiction to Annul acquired by
the following forums:
(i) where the spouses are domiciled
in; and
(ii) in which either parties are
nationals
b. Governing Law on Annulment or
Nullity -lex loci celebrationis
determines the cause or ground for
annulment.
Recognition of Foreign Divorce Decrees
1. Between Filipino citizens not entitled to
recognition because of the local policy
against absolute divorce
2. Between alien spouses entitled, if valid
by their national law
3. Mixed marriages entitled, provided that
the divorce was validly obtained by the
alien spouse. (FCP, Art. 26)
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 CONFLICT OF LAWS Characterization

CATEGORY GOVERNING LAW descendible interest of the decedent

Personal Status Personal law (national (Gibbs v. Government 59 Phil. 293,
law or law of domicile) 1933).
Capacity to Personal law
contract Whatever public policy or good customs
marriage may be involved in our system of
Formal validity Lex loci celebrationis legitimes, Congress has not intended to
of marriages extend the same to the succession of
Substantive Lex loci celebrationis foreign nationals. For it has specifically
validity of Except: chosen to leave, inter alia, the amount of
marriages 1. Consular marriages successional rights, to the decedent's
2. Prohibited marriages national law (Cayetano v. Leonidas, 129
under the saving clause SCRA 522, 1984)
of Article 26, FCP.
Annulment Lex loci celebrationis 2. Wills the following rules govern:
determines the cause or
ground for annulment a. Formal Validity of Wills the laws
governing the formal validity of wills
involving a foreign element are the
D. SUCCESSION following:
i. For Filipinos in a foreign country
1. Successional Rights authorized to make a will in any of
The national law of the decedent the forms established by the law of
governs whatever may be the nature of the country in which he may be (lex
the property and regardless of the loci celebrationiis) (NCC, Art. 816).
country wherein said property may be Except: Joint wills (NCC, Art. 819,
found. This includes: NCC).
a. Order of succession ii. For Aliens abroad his will
b. Amount of successional rights produces effect in the Philippines if
c. Intrinsic validity of testamentary made:
provisions (NCC, Art. 16 par. 2) and a. with the formalities prescribed by the
d. Capacity to Succeed (NCC, Art. law of the place in which he resides
1039) (lex domicilii), or
b. according to the formalities observed
in his country (lex nationalii), or
NOTE: When the factual situation involves c. in conformity with those which the
property, there must be an initial Civil Code prescribes (NCC, Art.
characterization of property. As a rule, lex rei 817).
sitae shall initially govern. Intrinsic validity of
rules on succession arises only when the lex NOTE: The formal validity of wills depends
rei sitae characterizes such property as a upon the observance of law in force at the
descendible interest of the decedent. time it is made (NCC, Art. 795).

Thus, the nature and extent of the title of

b. Revocation of wills
the spouse at the time of the acquisition
and the dissolution of the community
If made by non-domiciliary outside the
lands must be determined in accordance
Philippines validity of revocation
with the lex rei sitae. In the Philippines,
depends on the:
upon death of the decedent, the property
a. law of the place where the will was
relationship of the spouses dissolves
made be (lex loci celebrationiis), or
and the properties are to be treated as
b. according to the law of the place in
conjugal properties to be distributed
which the testator had his domicile at
between the estate of the decedent and
the time (lex domicilii)
the surviving spouse and not as a

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 CONFLICT OF LAWS Characterization

If done in the Philippines when it is in a. law of the place where

accordance with the provisions of the the will was made be (lex
Civil Code (NCC, Art. 829). loci celebrationiis)
b. law of the testators
c. Probate domicile at the time (lex
It is the court process of proving the domicilii)
validity of the will. Hence, lex fori applies.
If done in the Philippines
d. Administration of Estate Philippine law
Lex fori applies, that is, the law of the Probate Lex fori
State where appointment is sought. Administration Lex fori

Accordingly, administration extends only

to the assets of the decedent found in E. CONTRACTS
the State where the letters of
administration was granted.
1. Extrinsic Validity lex loci
celebrationis or lex loci contractus
Hence, there may be two (2) or more
(NCC, Art. 17, par. 1)
administrators of an estate:
2. Intrinsic Validity lex contractus or
i. principal administrator granted to the
the proper law of the contract whether:
person(s) in the jurisdiction of the
1. Expressed or lex voluntatis
decedents last domicile;
2. Implied from the contract or lex
ii. ancillary administrator granted in any
loci intentionis
other jurisdiction. It is the general
theory that the ancillary administrator
No conflicts rule on essential validity of
must remit the balance of the estate in
contracts is expressly provided for in our
his territorial jurisdiction to the principal
laws. The rule followed by most legal
administrator.
systems, however, is that the intrinsic
validity of a contract must be governed by
CATEGORY GOVERNING LAW the lex contractus or proper law of the
Order of National law of decedent contract. This is the law voluntarily
succession agreed upon by the parties (the lex loci
Amount of National law of decedent voluntatis) or the law intended by them
successional either expressly or implicitly (the lex loci
rights intentionis) (Phil. Export and Foreign Loan
Intrinsic validity National law of decedent Guarantee Corp. v. V.P. Eusebio
of testamentary Construction Inc. G.R. No. 140047, 2004).
provisions
Capacity to National law of decedent NOTE: In the absence of an effective
Succeed choice of law or lex contractus, the law
Formal validity Filipinos in a foreign which has the closest and most
of wills country law of the substantial connection shall govern,
country in which he may specifically, the center-of-gravity or
be (lex loci celebrationis) grouping of contracts approach is used.
Exception: Joint wills
Center-of-gravity Approach takes into
Aliens abroad account the various legal systems with the
a. law of his residence contract and applies the law of the place
(lex domicilii) where the transaction has its center of
b. national law (lex gravity or the most important connection.
nationalii)
c. Civil Code Example: Details of performance, e.g. the
Revocation of Made by non-domiciliary rules on manner of demand, days of
wills outside the Philippines grace, notice of dishonored, should be

Page 17 of 491

governed by the law of the place where
the contract is to be performed.
3. Capacity - lex nationalii (NCC, Art.
16 par. 1)
4. Choice of forum or Jurisdiction
valid
Where the relationship between the
parties is affected with public interest and
multiple and substantive contacts of the
contract are with Philippine Law,
Philippine courts and agencies may not be
ousted of their jurisdiction (Pakistan
International Airlines v. Ople, 190 SCRA
90, 1990).
Choice of seat of arbitration the
parties are free to agree on the place of
arbitration (Alternative Dispute Resolution
Act, Sec. 30).
NOTE: Courts of the forum will not
enforce any foreign claim obnoxious to the
forums public policy. Here in the
Philippines, employment agreements are
more than contractual in nature (Triple
Eight Integrated Services v. NLRC, G.R.
No. 129584, 1998).
CATEGORY GOVERNING LAW
Extrinsic Lex loci celebrationis or
validity lex loci contractus
Intrinsic Lex contractus or the
validity proper law of the contract
whether:
a. Express (lex voluntatis)
b. Implied (lex loci
intentionis )
Capacity National law
F. TORTS AND CRIMES
1. Tort
Governed by the lex loci delicti commissi or
the law of the place of wrong governs the
nature and extent of tort liability.
Obligation Theory the tort committed
anywhere in the world gives rise to an
obligation which follows the defendant
wherever he may be found.
CONFLICT OF LAWS Characterization
MODERN THEORIES IN TORT
LIABILITY
1. Doctrine of Elective Concurrence -
either the laws of the state where the
actor engaged in his conduct and
where the injury was incurred may be
invoked.
2. Theory of Most Significant
Relationship the applicable law shall
be the law of the country which has
the most significant relationship to the
situation.
In determining the state which has the
most significant relationship, the
following points of contact are to be
taken into account:
1. place where the injury occurred
2. place of conduct causing the
injury
3. domicile, residence, nationality
place of incorporation and place
of business of the parties
4. place where relationship between
the parties is centered (Saudi
Arabian Airlines v. CA, 297 SCRA
469, 1998)
3. State-interest Analysis This
principle provides for the following
methodology:
i. Separate false or spurious
conflicts (i.e. only one State has
an interest in applying its tort law)
apply the law of such interested
State.
ii. If there is a true conflict (i.e. more
than one State has interest)
apply the law of such State which
has greater interest in upholding
its tort law.
4. Cavers Principle of Preference
where a State does not have a
statutory question of tort liability in
conflict cases, the following guidelines
may be used.
a. The State of Injury sets a higher
standard for protection against the
injury compared to the State of
conduct - the laws of the State of
Injury applies
b. The State of Conduct and Injury sets
a lower standard than the home
State of the injured person - the
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 CONFLICT OF LAWS Recognition and Enforcement of Foreign Judgment

laws of the State of Conduct and TOPIC UNDER THE SYLLABUS

Injury applies
c. The State of Conduct has VI. RECOGNITION AND ENFORCEMENT
established special controls over OF FOREIGN JUDGMENT
conduct of the kind in which the A. Distinction between recognition
defendant was engaged when and Enforcement
caused the injury - the benefits of the B. Requisites
laws of the State of Conduct should C. Degree of Conclusiveness
be accorded to plaintiff; D. Grounds for refusal of
d. The State in which a Relationship recognition and enforcement of an
has its Seat has imposed a standard arbitral award
of conduct on one party to that
relationship for the benefit of the
other party which is higher compared
to that of the State of injury the
laws of the seat of the relationship VI. RECOGNITION AND
applies ENFORCEMENT OF FOREIGN
CONDITIONS FOR THE ENFORCEMENT
JUDGMENT
OF TORT CLAIMS
1. The tort is not penal in character
2. The enforcement of the tortious liability
will not contravene the enforcing States A. DISTINCTION BETWEEN
public policy RECOGNITION AND ENFORCEMENT
3. The enforcing States judicial machinery
is adequate for such enforcement RECOGNITION ENFORCEMENT
When foreign When, in addition to
2. Crimes judgment is given a the foreign judgment
res judicata effect being recognized, a
Principles of criminal liability that is has in the party is given
1. Territorial Principle crimes are State where it was affirmative relief to
punishable by the State in whose rendered which the judgment
territory they are committed; entitles him
2. Nationality Principle a State has Examples:
power to enact criminal laws which apply 1. Declaratory
even to violations committed thereof by judgment
its citizens in other States; 2. Judgment
3. Protective Principle determines without
jurisdiction by reference to the national affirmative
interest injured by the offense; relief, e.g.
4. Universality Principle determines dismissal of
jurisdiction by reference to the custody of complaint;
the person committing the offense; 3. Judgment
5. Passive Personality Principle - which
determines jurisdiction by reference to determines
the nationality or the national character parties interest
injured by the offense in a thing or
status (quasi in
NOTE: The Philippine conflict rule on rem action),
criminal liability follows territoriality principle e.g. divorce,
with a mixture of protective principle (RPC, adoption,
Art. 2). quieting of title

END OF TOPIC

Page 19 of 491
 CONFLICT OF LAWS Recognition and Enforcement of Foreign Judgment
B. REQUISITES FOR RECOGNITION
OR ENFORCEMENT OF FOREIGN
JUDGMENT
1. Foreign judgment was rendered by a
judicial or quasi-judicial tribunal which
has jurisdiction over the parties and the
case in the proper judicial proceedings;
2. The judgment must be valid under the
laws of the court that rendered it;
3. The judgment must be final and
executory to constitute res judicata in
another action;
4. The State where the foreign judgment
was obtained allows recognition or
enforcement of Philippine judgments
(reciprocity requirement);
5. The judgment must specify the
performance or delivery (e.g. in a suit for
collection of money, the award must be
a fixed sum)
6. The judgment must not be contrary to
the public policy or good morals of the
country where it is sought to be
enforced;
7. The judgment must not have been
obtained by fraud, collusion, mistake of
fact or law.
NOTE: The fraud available against a foreign
a judgment is extrinsic fraud.
C. DEGREE OF CONCLUSIVENESS
OF JUDGMENT
1. Judgment in Rem - conclusive upon the
title of the thing
2. Judgment in Personam presumptive
evidence of a right as between the
parties and their successors in interest
by a subsequent title.
NOTE: Philippine conflict rules on foreign
judgments follow the Anglo-American
system of limited or qualified recognition,
to wit:
The judgment or final order of foreign
country may be repelled by evidence of:
(JN-C-FM)
1. want of jurisdiction,
2. want of notice to the party,
3. collusion,
4. fraud, or
5. clear mistake of law or fact. (ROC, Rule
39, Sec. 48)
D. GROUNDS FOR REFUSAL OF
RECOGNITION AND
ENFORCEMENT OF AN ARBITRAL
AWARD:
1. At the request of the party against
whom it is invoked (IV-NU-DICS)
1. The parties to the agreement were
under some incapacity, or the said
agreement is not valid under the law to
which the parties have subjected it or,
failing any indication thereon, under
the law of the country where the award
was made; or
2. The party against whom the award is
invoked was not given proper notice of
the appointment of the arbitrator or of
the arbitration proceedings or was
otherwise unable to present his case;
or
3. The award deals with a difference not
contemplated by or not falling within
the terms of the submission to
arbitration, or it contains decisions on
matters beyond the scope of the
submission to arbitration, provided
that, if the decisions on matters
submitted to arbitration can be
separated from those not so
submitted, that part of the award which
contains decisions on matters
submitted to arbitration may be
recognized and enforced; or
4. The composition of the arbitral
authority or the arbitral procedure was
not in accordance with the agreement
of the parties, or, failing such
agreement, was not in accordance
with the law of the country where the
arbitration took place; or
5. The award has not yet become binding
on the parties, or has been set aside
or suspended by a competent
authority of the country in which, or
under the law of which, that award was
made.
2. Based on the finding of the
competent authority in the country
Page 20 of 491
 CONFLICT OF LAWS Recognition and Enforcement of Foreign Judgment

where recognition and enforcement

is sought

1. The subject matter of the difference is

not capable of settlement by arbitration
under the law of that country; or
2. The recognition or enforcement of the
award would be contrary to the public
policy of that country (New York
Convention on the Recognition and
Enforcement of Foreign Arbitral
Awards, Article V).

END OF TOPIC

Page 21 of 491