Conflicts Sempio Diy Book Reviewer PDF

Conflict of Laws Comprehensive reviewer of Sempio-Diy book
Chapter 1 Writings and treaties of thinkers and

In General famous writers
Conflict of Laws Chapter 2

That part of the municipal law of a state which directs its Jurisdiction and choice of law
courts and administrative agencies, when confronted with a
legal problem involving a foreign element, whether or not How one deals with a problem in Conflict of Laws
they should apply a foreign law or foreign laws 1. First, determine whether the court has jurisdiction
over the case.
Conflict of laws case
If it has no jurisdiction, the case should be
Any case which involves facts occurring in more than one
dismissed
state or nation, so that in deciding the case, it is necessary
If it has jurisdiction, the court will
to make a choice between the laws of different states or
determine whether it should assume
countries
jurisdiction over the case or dismiss it on
the ground of forum non conveniens
Note: Conflict of laws is NOT part of international law.
Although it is sometimes thought of as part of international It is the law of the forum that determines
law because of the presence of a foreign element in a given whether the court has jurisdiction over the
problem, it is not international law in character but is part of case
the municipal law of each state. By municipal law in Conflict 2. It will next determine whether to apply the internal
of Laws is meant the internal or local law of each state. law of the forum or the proper foreign law
Conflict of laws vs. public international law Three kinds of jurisdiction
Public Conflict of laws 1. Jurisdiction over the subject matter
International 2. Jurisdiction over the person
Law 3. Jurisdiction over the res
As to persons Governs Governs private
involved sovereign states individuals or Jurisdiction over the subject matter
and entities that corporations Conferred by law
are internationally Defined as the power to hear and
recognized or determine cases of the general class to which the
possessed of proceedings in question belong
international Cannot be conferred by consent of the
personality parties or by their voluntary submission
As to nature International in Municipal in
character character Must be invoked by filing the proper
As to Applies only to Deals with complaint or petition with the court.
transactions transactions in transactions
involved which only strictly private in Note: In the realm of Conflict of Laws, however, there
sovereign states nature in which is another element which the court must consider in
or entities with the country as determining the matter of jurisdiction the possible
international such has enforceability of its decision in foreign states, subject to
personality are generally no the rights of said states.
concerned and interest
which generally Jurisdiction over the person
affect public The competence or power of a court to render a
interest judgment that will bind the parties involved
As to remedies The concerned Recourse is had to Jurisdiction over the plaintiff: Acquired the
applied states may first judicial or moment he invokes the power of the court by
resort to peaceful administrative instituting the action by the proper pleading
remedies. If these tribunals in
remedies fail, the accordance with Jurisdiction over the defendant: Acquired when
states concerned the rules of he enters his appearance or by the coercive power
may resort to procedure of the of legal process exerted by the court over him
forcible remedies country where personal or substituted service of summons
they sit o EX: If appearance is for the sole purpose
of questioning the jurisdiction of the court.
Sources of Conflict of Laws
Note: Question of erroneous service of summons must
1. Direct sources be raised before judgment is rendered, or this would be
Treaties a case of waiver. Defective service may be cured by
International conventions actual receipt of summons or if in any other manner,
Constitutions knowledge of the existence of the case
Codifications and statutes
Judicial decisions
International customs
2. Indirect sources
Natural moral law
Lesley Claudio (A 2012) Page 1 of 22

Jurisdiction over the Res Extraterritorial service, how effected

By leave of court:
Jurisdiction over the particular subject matter in
1. By personal service
controversy, regardless of the persons who may be
2. By publication, but copy of the summons and the
interested therein
order of the court must be sent by registered mail
The basis of the exercise of this jurisdiction is the
to the defendants last known address
presence of the property within the territorial
3. In any other manner that the court may deem
jurisdiction of the forum even though the court
sufficient, e.g., by registered mail
may not have personal jurisdiction over the
persons whose interests in the property are
affected
Instances when court may refuse to exercise
The purpose of the suit is not to impose a persona
jurisdiction over a case on the basis of forum non
liability on anyone but it is to affect the interests of
conveniens
all persons in a thing.
1. The evidence and the witnesses may not be readily
available in the forum
Jurisdiction in personam Jurisdiction over the res 2. The court dockets of the forum may already be
Binds only the parties and Binds the whole world clogged so that to permit additional cases would
their successors in interest hamper the speedy administration of justice
3. The belief that the matter can be better tried and
Actions quasi in rem decided in another jurisdiction, either because the
The purpose is neither to impose a personal liability main aspects of the case transpired there or the
in a thing nor to affect the interests of all persons material witnesses have their residence there
in a thing, but to affect the interests of particular 4. To curb the evils of forum shopping the non-
persons in a thing. resident plaintiff might have filed the case in the
An action affecting the personal status of the forum merely to secure procedural advantages or
plaintiff is also classified as an action quasi in rem to annoy or harass the defendant
Service of summons, how effected

5. The forum has no particular interest in the case
1. In actions in personam the parties not being citizens of the forum or are
(1) Personal service residents elsewhere, or the subject matter of the
(2) Substituted service case evolved somewhere else
6. Other courts are open and the case may be better
Note: Service by publication would NOT be tried in said courts
sufficient 7. The inadequacy of the local judicial machinery for
effectuating the right sought to be enforced by the
2. Service by publication plaintiff
(1) Action in rem 8. The difficulty of ascertaining the foreign law
(2) Action quasi in rem applicable
(3) Action involves the personal status of
plaintiff Note: The doctrine should generally apply only if the
defendant is a corporation. For if the defendant is an
3. Extraterritorial service of summons individual, the proper forum may not be able to acquire
(1) When the defendant does not reside and jurisdiction over him, thus leaving the plaintiff without
is not found in the Philippines, and the any remedy.
action affects the personal status of the
plaintiff Three instances when the forum has to apply the
(2) When the defendant does not reside and internal or domestic law (lex fori) in deciding a case
is not found in the Philippines, and the in conflicts of law
action relates to or the subject of which is, 1. When the law of the forum expressly so provides in
property within the Philippines (real or its conflicts rules
personal), in which the defendant has a 2. When the proper foreign law has not been properly
claim, a lien or interest, actual or pleaded and proved
contingent 3. When the case involves any of the exceptions to
(3) When the defendant is a non-resident but the application of the proper foreign law (i.e.
the subject of the action is property exceptions to comity)
located in the Philippines in which the
relief demanded consists in excluding the Why foreign law cannot be applied if it has not been
defendant from any interest therein pleaded and proved
(4) When the property of a non-resident Our courts cannot take judicial notice of foreign laws
defendant has been attached in the
Philippines How a foreign law is proved under our Rules of Court
While a writ of attachment may 1. Written law
be issued by the court, said (1) An official publication thereof
writ cannot be implemented (2) A copy of the law attested by the officer
until the court has acquired having legal custody of the record or by
jurisdiction over the non- his deputy, accompanied by a certificate
resident defendant of any Philippine embassy, consular, or
foreign service officer in the foreign

country where the record is kept, and Sec. 48, Rule 39, a foreign final
authenticated by the seal of his office judgment or order is presumptive
2. Unwritten law evidence of a right as between the
(1) The oral testimony of expert witnesses parties and their successors in
(2) By printed and published books of reports interest
of decisions of the country involved if
proved to be commonly admitted in its The vested-rights theory
courts Under this theory, our courts enforce not the foreign law or
foreign judgment but the right or rights that have been
Processual presumption of law vested under such law or judgment.
This rule means that when the proper foreign law has not Rights once acquired should be enforced regardless
been properly proved, the court of the forum may presume of where the suit for its enforcement was filed.
that said foreign law is the same as its local or domestic
law, which it can now apply
Exceptions to the applications of a foreign law Theory of local law

1. When the application of the foreign law would run Under this theory, we apply a foreign law not because it is
counter to a sound and established public policy of foreign, but because our own law by applying a similar rule
the forum requires us to do so, hence it is as if the foreign law has
2. When the foreign law is contrary to the almost become part of our own internal or domestic law.
universally conceded principles of morality (contra
bonos mores) Theory of harmony of laws
3. When the foreign law involves procedural matters Under this theory, identical or similar problems should be
given identical or similar solutions thus resulting in harmony
EX: When the law is both procedural and
of laws
substantive
4. When the foreign law is penal in character
Theory of justice
EX: A penal clause in a contract may Since the purpose of all laws, including Conflict of Laws, is
however be enforced here because such the dispensation of justice, the proper foreign law should be
clause is not criminal in nature but applied in order to attain this objective
provides only for liquidated damages The defect of this theory, however, is that different
5. When the law is purely fiscal (i.e., revenue persons may have different ideas of what is just
producing) or administrative in nature
6. When the foreign law might work undeniable Note: No single theory contains the whole truth; no one
injustice to the citizens or residents of the forum approach is completely valid. All of the theories have
7. When the application of the foreign law would validity. This suggests that they are not entirely exclusive.
endanger the vital interests of the State
8. When the case involves real or personal property Chapter 4
located in our country
Nature and composition of conflicts rules
Chapter 3
Purely internal provision of law vs. conflicts rule
Theories that justify the application of the foreign Purely internal provision Conflicts rule/ A
law of law provision in conflict of
laws
Theories that justify the application of the foreign law Governs a domestic A provision found in our own
instead of domestic or internal law problem, i.e., one without a law which governs a factual
1. Theory of comity foreign element situation possessed of a
2. Vested right theory foreign element
3. Theory of local law Example: Art. 796 All Example: Art. 16 Real
4. Theory of harmony of laws persons who are not property as well as personal
5. Theory of justice expressly prohibited by law property is subject to the
may make a will law of the country where it
Theory of comity is situated
According to this theory, no foreign law would be allowed to
operate in another state except by the comity of nations
Two kinds of conflicts rules
Comity 1. One-sided rule
The recognition which one state allows within its Indicates when Philippine law will apply
territory, to the legislative, executive, or judicial acts of Example: Article 15 of the CC Laws
another nation relating to family rights and duties, or to
the status, condition, and legal capacity of
Two principles upon which the theory of comity persons, are binding upon citizens of the
rests Philippines even though living abroad
1. The comity based on reciprocity 2. All-sided or multilateral rule
2. The comity based on the persuasiveness of a Indicates whether to apply the local law or
foreign judgment the proper foreign law
Our Civil Procedure still follows the
principle of reciprocity because in

Passive capacity
Example: Art. 16 Real property as well
The fitness to be the subject of legal
as personal property is subject to the law
relations
of the country where it is situated
2. Capacity to act
Parts of every conflicts rule Active capacity
1. The factual situation the set of facts or The power to do acts with legal effects
situation presenting a conflicts problem because
Characteristics of status
there is a foreign element involved
1. It is conferred principally by the State, not by the
2. The point of contact or connecting factor individual
The law of the country with which the factual 2. It is a matter of public interest or social interest
situation is most intimately connected 3. Being a concept of social order, it cannot easily be
terminated at the mere will or desire of the parties
Note: The first part raises while the second part concerned
answers a legal question 4. It is generally supposed to have a universal
character
Chapter 5
Characterization of conflict rules Different theories on how the personal law of an
individual is determined
1. The nationality theory
Characterization
Personal theory
Otherwise known as classification or qualification is the
The status and capacity of a person are
process of assigning a certain set of facts or factual
determined by the law of his nationality or
situation to its proper or correct legal category. By
his national law
characterizing the legal problem, the court of the parties
2. The domiciliary theory
involved reach the proper solution whether to apply the
local law or the proper foreign law By virtue of which the status and capacity
of a person is determined by the law of his
Most writers hold that on the grounds of practical
domicile
necessity and convenience, it is the forum or the
lex fori that should determine the problems Territorial theory
characterization unless the result would be a clear 3. The situs or eclectic theory
injustice Views the law of a particular place or situs
of an event or transaction as generally the
Note: Modern trend is to consider prescriptive periods controlling law
or Statute of Frauds that the parties had in mind at the
time the transaction took place Note: The Philippines follows the nationality
theory.
Nationality v. citizenship
Chapter 6
Nationality Citizenship
Persona law Theories in determining ones Refers to membership in a A citizen is one who owes
personal law political community, one allegiance to and is entitled
that is personal and more or to the protection of the
Personal law. less permanent, not State
That which attaches to him wherever he may go. The law temporary.
that generally governs his status, capacity, condition, family In the field of Conflict of Laws, nationality and citizenship
relations, and the consequences of his actuations. It may are the same
be:
1. National law
2. Law of his domicile Chapter 7
3. Law of the situs
The Nationality Theory
Status vs. capacity
Status Capacity Different kinds of citizenship in the Philippines
Place of an individual in Only part of ones status and 1. Natural born citizens
society and consists of may be defined as the sum Those who are citizens from birth without
personal qualities and total of his rights and having to perform any act to acquire or
relationships more or less obligations perfect their Philippine citizenship
permanent, with which the
state and the community are Native-born Filipinos
concerned Those born in the Philippines. Natural-born
citizens may not be native-born if they were
born abroad
Two kinds of capacity
1. Juridical capacity 2. Citizens by naturalization

Those who were formerly aliens but by Note: An alien woman married to an alien husband
judicial, legislative, or administrative who (the husband) is subsequently naturalized also
process, have become Filipino citizens follows the Philippine citizenship of her husband,
provided she does not suffer from any of the
Jus soli v. jus sanguinis disqualifications under Sec. 4 of the same Revised
Jus soli Jus sanguinis Naturalization Law. This is a case of derivative
A person is a citizen of the It is citizenship by blood naturalization (similar to the minor children of a
country where he was born naturalized Filipino citizen)
or of the country of his birth This is the rule that we
follow in the Philippines Naturalization
The process of conferring on an alien the citizenship of
another country by any of the means provided by law.
Note: Each country or state has the sole power and
authority to determine under its internal or municipal law Modes of acquiring Philippine citizenship by
who are its citizens or nationals naturalization
1. Judicial process
Dual allegiance under Sec. 5, Article IV of the Com. Act No. 475 as amended by RA 530
Constitution 2. Legislative process
The provision in the Constitution (dual allegiance of citizens
When Philippine citizenship is conferred by
is inimical to national interest and shall be dealt with by
a special act of Congress on deserving
law) is concerned not with dual citizenship per se but with
aliens
naturalized citizens of the Philippines who still maintain their
3. Administrative process
allegiance to the countries of their origin.
RA 9139 or the Administrative
Effective nationality theory
Naturalization Law of 2000
Within a third state, a person having more than one
Under this law, a Special Committee on
nationality shall be treated as if he had only one. Without
Naturalization is created, with the power
prejudice to the application of its law in personal matters
to approve, deny, or reject applications for
and of any conventions in force, a third state shall apply the
naturalization filed with said Committee
nationalities which any such person possesses, recognize
exclusively in its territory either the nationality of the
Derivative naturalization
country in which he is habitually and principally a resident,
Philippine citizenship conferred on:
or the nationality of the country with which in the
1. The wife of a naturalized husband
circumstances he appears to be in fact mostly connected
2. The minor children of a naturalized father
The law of the country of which the 3. The alien wife of a natural born or naturalized
deceased was both a citizen and a domiciliary at citizen, in the latter case, the marriage having
the time of her death is considered more effectively taken place after the husbands naturalization
connected to her than her other national law.
Citizens of the Philippines under the 1987

Constitution
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
Citizenship of a Filipino woman who marries a

foreigner
Citizens of the Philippines who marry aliens shall retain their
citizenship unless by their act or omission they are deemed,
under the law, to have renounced their Philippine citizenship
(Article 4, Sec. 4, 1987 Constitution)
Citizenship of an alien woman who marries a Filipino

husband
Under Sec. 15 of the Revised Naturalization Law (Com. Act
No. 475), an alien woman marrying a Filipino, native-born
or naturalized, becomes ipso facto a Filipino, provided she is
not disqualified to be a citizen of the Philippines under Sec.
4 of the same law.
It is enough that an alien wife proves that
she is not disqualified to be a Filipino citizen not
necessarily in court but even before an agency like
the Immigration Commission

Naturalization
Judicial naturalization under Com. Act. 475, Administrative naturalization under RA 9139 or
as amended the Administrative Naturalization Law of 2000
Qualifications 1. The petitioner must not e less than 21 1. The applicant must be born in the
years of age on the date of the hearing of the Philippines and residing therein since birth
petition 2. The applicant must not be less than 18
2. He must have, as a rule, resided in the years of age, at the time of filing of his/her
Philippines for a continuous period of not less petition
than 10 years 3. The applicant must be of good moral
3. He must be of good moral character, and character and believes in the underlying
believe in the principles underlying the principles of the Constitution and must have
Philippine Constitution, and must have conducted himself/herself in a proper and
conducted himself in a proper and irreproachable manner during his/her entire
irreproachable manner during the entire period of residence in the Philippines in relation
period of his residence in the Philippines in his with the duly constituted government as well as
relation with the constituted government as with the community in which he/she is living
well as with the community in which he is 4. The applicant must have received his/her
living primary and secondary education in any public
4. He must own real estate in the school or private education institution duly
Philippines worth not less than 5,000, recognized by the DECS, where Philippine
Philippine currency, or must have some history, government, and civics are taught and
lucrative trade, profession, or occupation prescribed as part of the school curriculum and
5. He must be able to speak and write where enrollment is not limited to any race or
English or Spanish and any one of the nationality: Provided, that should he/she have
principal languages and minor children of school age, he/she must have
6. He must have enrolled his minor children enrolled them in similar schools.
of school in any of the public or private 5. The applicant must have a known trade,
schools recognized by the Bureau of Private business, profession, or lawful occupation, from
Schools where Philippine history, which he/she derives income sufficient for
government, and civics are taught or his/her support and if he/she is married and/or
prescribed as part of the school curriculum has dependents, also that of his/her family:
during the entire period of the residence Provided, however, that this shall not apply to
required of him, prior to the hearing of his applicants who are college degree holders but
petition for naturalization as citizen are unable to practice their profession because
they are disqualified to do so by reason of their
citizenship
6. The applicant must be able to read, write,
and speak Filipino or any of the dialects of the
Philippines, and
7. The applicant must have mingled with the
Filipinos and evinced a sincere desire to learn
and embrace the customs, traditions, and ideals
of the Filipino people
Disqualifications 1. Those opposed to organized government or affiliated with any association of group of person
who uphold and teach doctrines opposing all organized governments
2. Those defending or teaching the necessity of or propriety of violence, personal assault or
assassination for the success or predominance of their ideas
3. Polygamists or believers in the practice of polygamy
4. Those convicted of crimes involving moral turpitude
5. Those suffering from mental alienation or incurable contagious disease
6. Those who, during the period of their residence in the Philippines, have not mingled socially
with Filipinos, or who have not evinced a sincere desire to learn and embrace the customs, traditions,
and ideals of the Filipinos
7. Citizens or subjects of nations with whom the Philippines is at war
8. Citizens or subjects of a foreign country whose laws do not grant Filipinos the right to be
naturalized citizens or subjects thereof

Loss of citizenship Domicile v. residence

Under Com. Act 63, as amended, a Filipino citizen may lose Domicile Residence
his citizenship in any of the following ways: Denotes a fixed, permanent Used to indicate a place of
1. By naturalization in a foreign country residence to which, when abode, whether permanent
2. By express renunciation of citizenship absent, one has the or temporary
3. By subscribing an oath of allegiance to support the intention of returning
constitution or laws of a foreign country upon Residence is not domicile, but domicile is residence coupled
attaining twenty-one years of age or more with intention to remain for an unlimited time
4. By accepting commission in the military, naval, or
air service of a foreign country
5. By cancellation of the certificate of naturalization Domicile v. citizenship
6. By having been declared by competent authority, a Domicile Citizenship
deserter of the Philippine armed forces in time of Speaks of ones permanent Indicates ties of allegiance
war, unless subsequently a plenary pardon or place of abode and loyalty
amnesty has been granted; and A person may be a citizen or national of one sate and a
7. In case of a woman, upon her marriage to a domiciliary of another
foreigner, if, by virtue of the laws in force in her
husbands country, she acquires his nationality Note: The forum applies its own concept of domicile in
Under the 1987 Constitution, however, determining the domicile of a litigant before its courts (law
the woman retains her Philippine of the forum/lex fori, NOT national law, is the law that
citizenship unless by her act or omission determines ones domicile)
she is deemed under the law to have
renounced her Philippine citizenship Different kinds of domicile
Philippine citizenship, how reacquired

1. Domicile of origin: The domicile assigned by law
Under C.A. 63, as amended, Philippine citizenship may be to a person at the moment of his birth
reacquired as follows: 2. Constructive domicile or domicile by
1. By naturalization, provided the applicant possesses operation of law: The domicile assigned by law to
none of the disqualifications a person after birth on account of a legal disability,
2. By repatriation of deserters of the Army, Navy, or like minority, insanity, imprisonment, etc.
Air Corps, Provided, that a woman who lost her 3. Domicile of choice: The domicile of a person sui
citizenship by reason of her marriage to an alien
juris because he has his home there and to which,
may be repatriated in accordance with the
whenever absent, he intends to return
provisions of this Act after the termination of the
marital status
Principles regarding ones domicile of choice
3. By direct act of Congress
1. No person can ever be without a domicile or every
natural person must have a domicile
RA 9225 Citizenship Retention and Reacquisition
2. A person cannot have two simultaneous domiciles
Act of 2003
3. A natural person, free (not a prisoner) and sui juris
Under this law, natural born Filipino citizens who had been
(one of age and under no disability), can change
naturalized in foreign countries are deemed to have
his domicile at pleasure
reacquired Philippine citizenship by taking an oath of
4. A domicile, once acquired, is retained until a new
allegiance to the Philippine Constitution and laws. Those
one is gained
who become naturalized in foreign countries after the
5. The presumption being in favor of the continuance
effectivity of the Act retain their Philippine citizenship upon
of an existing domicile, the burden of proof is on
taking the same oath
the one who alleges that a change of domicile has
taken place
Chapter 8
Domiciliary Theory
6. To acquire a new domicile of choice, the following
must concur:
(1) Residence or bodily presence in the new
Domiciliary theory
locality
It is the theory whereby the status, condition, family rights
(2) An intention to remain there (animus
and obligations, and capacity of a person are governed by
manendi) and
the law of his domicile or the lex domicilii
(3) An intention not to return to the former
abode (animus non revertendi)
Domicile
It is the place where a person has his true, fixed,
Rules determining ones domicile of origin
permanent home, and principal establishment, and to
If the child is legitimate His domicile of origin is that
which, whenever he is absent, he has the intention of
of his parents at the time of
returning.
his birth
Art. 50 of the CC: For the exercise of civil rights
and fulfillment of civil obligations, the domicile of If parents are separated, the
natural persons is the place of their habitual domicile of the custodial
residence parent
If the child is illegitimate His domicile of origin is that
of the mother at the time of
his birth
If the child is legitimated The domicile of his father at

the time of his birth controls Public officials or Their domicile is the one
If the child is adopted The domicile of origin is the employees abroad they had before they were
domicile of his real parents (diplomats, etc) assigned elsewhere, unless
at the time of his birth, NOT they voluntarily adopt their
the domicile of the adopters place of employment as their
If a foundling The domicile of origin is the permanent residence
country where it was found
Rules determining ones constructive domicile Chapter 9

MINORS The situs or eclectic theory
1. If legitimate, the domicile of both parents

Situs or eclectic theory
In case of disagreement, that of the The capacity, status, and family relations of a person are
father, unless there is a judicial order to governed not necessarily by the law of his nationality or the
the contrary law of his domicile but by the law of the place (situs) where
2. If illegitimate, the domicile of the mother an important element of the problem occurs or is situated
3. In case of absence or death of either parent, the
Two kinds of participation of an individual under the
domicile of the present parent.
situs or eclectic theory
Even in case of remarriage of the 1. If participation is active When he does an act
surviving parent, still his/her domicile
voluntarily, the governing law is the law of the
determines the constructive domicile of
actual situs of the transaction or event
the minor child
4. If the child is adopted, the domicile of choice of the
2. If the participation is passive When the
effects of the act are set forth or determined by
adopter is the childs constructive domicile
law, the governing law is the law of the legal
INSANES, IDIOTS, IMBECILES situs, i.e., the domicile of the individual concerned
The law assigns their domicile to them:
1. If they are below the age of majority, the rules on Chapter 10
minors apply to them The problem of the renvoi
2. If they are of age and have guardians, they follow
the domicile of choice of their guardians Renvoi
3. If they are of age and have no guardians, their A French word which means refer back
or return
constructive domicile is their domicile of choice
In Anglo-American countries, the term
before they became insane
used is remission, which means to refer a matter
MARRIED WOMEN
for consideration or judgment
1. The constructive
domicile of the wife is
When does the problem of renvoi arise?
the domicile of both
The problem of renvoi arises when there is doubt as to
spouses, unless the law
whether the reference by the lex fori (the law of the country
allows the wife to have a
where the problem arises) to the foreign law involves:
separate domicile for
1. A reference to the internal law of the foreign law or
valid and compelling
2. A reference to the entirety of the foreign law
If the marriage is valid reasons
including its conflicts rules
2. If there is legal
In such case, if the first state follows the
separation between the
nationality theory, and the second state
spouses, the wife can
follows the domiciliary theory, the
have her own domicile of
problem of renvoi will most probably arise
choice
3. If there is a
Four solutions the court can adopt when confronted
separation de facto, the
with a renvoi problem
wife can also have a
1. Reject the renvoi
separate domicile
This means that the court does not want
Apply the same rules when the problem to be sent back to us.
If the marriage is the marriage is valid.
As in the case of the testate or intestate
voidable However, after annulment,
succession of a foreigner but domiciled in
the wife can freely select her
our country, we would simply apply his
own domicile of choice
national law or the internal law of his
If the marriage is void The wife can have a domicile country
separate from the husband 2. Accept the renvoi
OTHER PERSONS Accept the referral or transmission of the
Convict or prisoner His domicile is the one he case back to us, so that instead of
had possessed prior to his applying the foreign internal law,
incarceration Philippine law is applied
Soldiers Their domicile is their Single renvoi or single transmission
domicile before their
enlistment 3. Follow the theory of desistment or the mutual
disclaimer of jurisdiction theory

Refrain from applying the national law of

the deceased foreigner, although our law Note: In Conflict of Laws, personal law determines the
tells us to do so. beginning of ones personality.
If said law follows the domiciliary theory
and directs that we apply the law of the Civil personality, when extinguished
domicile of the deceased, so in the end, Art. 42 of the NCC: Civil personality is extinguished by
we still apply Philippine law death
Refers to physical death not civil death
4. Apply the foreign court theory A declaration of death in accordance with ones
We would simply do what the foreign personal law (whether his national law or the law
court would do if confronted with the of his domicile) by a court of competent jurisdiction
same case is considered valid for all purposes
Advantage of this theory is that regardless
of the forum, the applicable law will be the Absence, defined
same A special legal status pertaining to a person who has
Can also result in international ping pong disappeared from his domicile, his whereabouts being
unknown, without leaving an agent to administer his
Double renvoi property or even if he had left an agent, the power
This occurs when the local court, in adopting the foreign conferred by the absentee on the agent has expired
court theory, discovers that the foreign court accepts the One status of being absent is determined in
renvoi. But since the foreign law remits the case to accordance with his personal law
Philippine law, being the law of the deceaseds domicile, the Our own courts also have jurisdiction to declare an
foreign court may discover that Philippine law does not alien domiciliary in the Philippines as absent
accept the remission (as it applies the national law of the
deceased) so the foreign court, sitting as a Philippine court, Judicial declaration of absence under Philippine law
would still apply its own internal law. This is then what our After the lapse of two years without any news about the
court will apply. absentee or since the receipt of the last news, and five
years if the absentee has left an administrator of his
Theory of transmission v. renvoi property, his absence may be declared
Theory of transmission Renvoi
Transmission is the process Renvoi means to refer a Instances when an absentee may be presumed dead
of applying the law of a matter for consideration or and for what purposes
foreign state thru the law of judgment 1. For purposes of remarriage the absentee may
a second foreign state be presumed dead after four years of absence,
Transmission involves three Renvoi involves two laws the present spouses having a well-founded belief
laws that the absentee is already dead
However, in case of disappearance where
Chapter 11 there is danger of death, an absence of 2
Conflict rules on status and capacity years is enough
2. For all other purposes EXCEPT succession an
When human personality begins under our law absence of seven years, it being unknown whether
or not the absentee still lives
Art. 40, NCC: Birth determines personality, but
the conceived child shall be considered born for all 3. For the purpose of succession an absence of
purposes that are favorable to it, provided it be 10 years is required, except if the absentee
born later with the conditions specified in the disappeared after the age of 75 years, in which
following article case an absence of 5 years is enough to open his
succession
Art. 41, NCC: For civil purposes, the fetus is
considered born if it is alive at the time it is What determines the age of majority in Conflict of
completely delivered from the mothers womb. Laws?
However, if the fetus had an intra-uterine life of It is the personal law of the person that determines whether
less than 7 months, it is not deemed born if it dies he has reached the age of majority or not.
within 24 hours after its complete delivery from the
maternal womb Our conflicts rules on capacity to contract
A persons capacity to contract is governed by his personal
Personality really begins at conception, subject to the law, whether it is the lex nationalii or the lex domicilii
following conditions:
1. The purpose is favorable to the fetus EX: Contracts involving real or personal property in
2. If it is born alive under Art. 41 of the NCC which cases the lex situs or lex rei sitae applies
including the capacity of the contracting parties
Two kinds of children
Note: It is suggested that Article 15 of the CC applying the
1. Ordinary With an intra uterine life of at least 7
nationality theory be limited to strictly family and domestic
months transactions, while the law governing the contract should
2. Extraordinary With an intra-uterine life of less govern ordinary day-to-day business contracts.
than 7 months, in which case it must live for at
least 24 hours after complete delivery from the
mothers womb

Change of names and surnames Common law marriages of foreigners

A change of name is a special proceeding to establish the As to common law marriages of foreigners who come to the
status of a person involving his relation with others. Aliens Philippines as husband and wife, it would seem that we
can ask for change of name in the Philippines, provided they should consider the marriage valid if valid under their
are domiciled here. national law or the law of the place where the relationship
But an alien whose citizenship is either began. But the marriage must not be contra bonos mores or
controverted or doubtful cannot ask for a change of universally considered incestuous
name
Foreign marriages of Filipinos
Legislative jurisdiction vs. judicial jurisdiction over GR: Under Art. 26 of the Family Code, all marriages outside
ones status the Philippines in accordance with the laws in force in the
Legislative jurisdiction Judicial jurisdiction country where they were solemnized and valid there as
Legislative jurisdiction over Judicial jurisdiction over such, shall also be valid in this country, except those
ones status is the power of ones status is the power of prohibited under Articles 35(1), (4), (5), and (6), 36, 37,
his personal law to govern the courts to decide and 38.
his status wherever he goes questions or controversies In other words, we follow the rule of lex loci
concerning ones status celebrationis
EX: A foreign marriage of Filipinos in a foreign country will
still be void in the Philippines if:
Note: Thus, our courts can decide cases involving the
1. Either or both parties did not have legal capacity to
status and capacity of foreigners brought before them, but
get married (Art. 35 (1))
in doing so, our courts will apply the personal law of the
2. The marriage is immoral for being bigamous or
foreigner, whether it be his national law or the law of his
polygamous (Art. 35 (4))
domicile, depending on what theory the country of his
3. Consent of one party is lacking, because of mistake
citizenship follows.
as to the identity of the other (Art. 35 (5))
Example: Even if the personal law of the foreigner 4. One of the parties was psychologically
allows divorce, he cannot apply for divorce from his incapacitated at the time of the marriage to comply
spouse before a Philippine court because we do not with the essential marital obligations (Art. 36)
recognize divorce and our courts have no 5. The marriage is incestuous (Art. 37)
jurisdiction to grant divorces. However, a foreigner 6. The marriage is void by reason of public policy
who applies for legal separation in our country on a (Art. 38)
ground available under his national law but not
under our law, may obtain a favorable judgment Note: Consular marriages of Filipinos abroad are valid (Art.
from our courts, because it is his national law on 10, Family Code)
legal separation that our courts will apply, but
subject to our procedural law. Conflicts rules on marriages between foreigners
solemnized abroad
Chapter 12 1. We still apply the rule of lex loci celebrationis, but
Conflicts rules on marriage not the exceptions in the first par. of Art. 26 of the
Family Code which apply only to Filipinos
Philippine internal law on the formal validity of But universally considered incestuous
marriages or the validity of marriage as a contract marriages and marriages that are highly
1. Essential requisites immoral are excepted
(1) Legal capacity of the contracting parties 2. Proxy marriages Not allowed under Philippine
who must be male and female internal law
(2) Consent freely given in the presence of a Rule in the US if permitted by the law of
solemnizing officer
the place where the proxy participates in
2. Formal requisites the marriage ceremony, proxy marriages
(1) Authority of the solemnizing officer are entitled to recognition insofar as the
(2) A valid marriage license formal validity of the marriage is
(3) A marriage ceremony takes place with the concerned
appearance of the contracting parties 3. Marriages on board a vessel on the high seas
before the solemnizing officer and their
Since the country whose flag the ship is flying has
personal declaration that they take each
jurisdiction over the ship, the rule is that
other as husband and wife in the presence
compliance with the law of the said country is
of not less than two witnesses of legal age
required for the marriage to be valid
Note: The above formal requisites apply to foreigners who 4. If the parties or at least the husband is a Muslim
get married in the Philippines. If one or both of the parties it is believed that we would recognize up to four
are foreigners, the foreigner must submit a certificate of marriages of the same husband (Philippine Muslim
legal capacity to contract marriage issued by the diplomatic Code on Personal Laws)
or consular officials of his/her country in the Philippines
before he/she can be issued a marriage license. Stateless Mixed Marriages
persons or refugees need only to submit an affidavit stating Marriage between a If the marriage is valid
the circumstances showing such capacity to contract Filipino and foreigner under the law of one of the
marriage ABROAD spouses while void under the
law of the other, we should
uphold the validity of the

marriage, unless the Conflict rules on the law governing personal relations
marriage is universally of spouses who change nationalities
incestuous or highly immoral General Rules
(the same rule as to 1. If the spouses have the same nationality but they
foreigners who get married acquire a new nationality by their common act
abroad) their new national law will govern their personal
Marriage between a The national law of the relations
Filipino and a foreigner in Filipino Philippine law
the PHILIPPINES should be followed 2. If the husband alone changes his nationality after
otherwise our public policy the marriage the law of the last common
would be violated nationality of the spouses would govern
3. If the spouses retain their different nationalities
Two aspects of marriage as a status after the marriage National law of both spouses
1. Aspect of personal rights and obligations of the should govern
spouses
Purely personal and are not ordinarily
RE: 3 Better solution: apply the national
law of the husband at the time of the
interfered with by the courts
marriage
EXCEPTIONS
1. If the national law of the husband violates public
2. Aspect of their property relations
policy of the forum
The law lays down rules and judicial
2. The national law of the wife happens to be the law
sanctions as they may affect public
of the forum
interest
Law governing personal relations of spouses in

Conflicts rules on the property relations of husband
Conflict of Laws
and wife
1. Countries that follow the nationality theory (e.g. GR: Property relations of the spouses are governed by
Philippines) apply the spouses national law in Philippine law, regardless of the place of the celebration of
determining their personal relations with each marriage and their residence (nationality theory)
other If one spouse is a Filipino (wife or husband) and
2. Countries that follow the domiciliary theory the the other is an alien, Philippine law would still
personal relations of the spouses are governed by govern
the law of their domicile
EX:
Spouses of different nationalities: law governing their 1. If both spouses are aliens general rule in Conflict
personal relations of Laws will apply
GR: The personal relations of the spouses are governed by 2. With respect to extrinsic validity of contracts
the national law of the husband affecting real property the lex situs will govern
the formalities to be observed for the contracts
Alien woman who Ipso facto becomes a Filipino validity
marries a Filipino citizen if she does not suffer
husband under any disqualification for Doctrine of immutability of matrimonial (property)
naturalization as a Filipino regime of the spouses
citizen Regardless of the change of nationality by the husband or
the wife or both, the original property regime that prevailed
Personal relations: at the start of their marriage prevails
national law of the husband
shall govern (GR) Immutability of the property regime v. immutability
A Filipina who marries an Constitution provides that of the law governing the property regime
alien husband she shall retain her Immutability of the Immutability of the law
Philippine citizenship, unless property regime governing the property
by her act or omission, she regime
is deemed, under our law, to A subsequent change of The law that creates and
have renounced her nationality by the husband governs the property regime
citizenship or wife or both does NOT may change
change the original property
Personal relations: Art. 80 regime
of the Family Code provides
that the national law of the Annulment v. Declaration of nullity of marriage
wife or Philippine law would Annulment Declaration of nullity
govern the spouses Remedy if the marriage is Remedy if the marriage is
personal relations (rule was voidable or annullable (valid void ab initio
intended to protect the until annulled)
Filipino wife)
Voidable v. void marriage legal effects
Voidable marriage Void marriage
It can be convalidated either It cannot be convalidated
by free cohabitation or

prescription 3. As to foreigners who get married abroad the

The same property regime The only property exceptions to the lex loci celebrationis would be the
as in a valid marriage is relationship between the same as those in marriages as a contract:
established between the parties is a co-ownership (1) Marriages that are highly
spouses immoral
The children are legitimate if The children are illegitimate, (2) Universally incestuous
conceived before the decree except children of void marriages
of annulment marriages under Art. 36 and 4. Consular marriages either the national law or the
53 of FC law of the domicile of the parties applies
Art. 36 children born Courts that have jurisdiction over cases for
under marriage that is void annulment or declaration of nullity of marriage
on the ground of psy. 1. In the Philippines since we follow the nationality
Incapacity theory, our courts have jurisdiction
Citizens and domiciliaries can file in the
Art. 53 children born of Philippines, even if the defendant is a non-
the first marriage of parties resident
before said first marriage 2. In other countries it is usually the courts of the
had been annulled or parties domicile who have jurisdiction over such
declared void, and those cases since that is the place which has the greatest
who marry a second time interest in the domestic relations of the spouses
without delivering the
presumptive legitime of the Rules on the validity of foreign divorces by foreigners
children of their first abroad
marriage 1. Hague Convention states that a foreign divorce will
The marriage cannot be The marriage may be be recognized in the contracting states if, at the
attacked collaterally attacked directly or date of the filing of the proceedings:
collaterally (1) The petitioner or respondent
The marriage can no longer The marriage can still be had his or her habitual residence in the
be impugned after the death impugned even after the state where the divorce was obtained
of the spouses death of the spouses (2) If both spouses were nationals
of said state
Conflicts rules on annulment and declaration of nullity (3) Although the petitioner was a
of marriage national of another country, he or she had
1. In Conflict of Laws, the grounds for annulment of his or her residence in the place where the
marriage and for declaration of nullity of marriage divorce was obtained
are the grounds provided for by the law alleged to 2. In the US, a state has a duty to recognize a divorce
have been violated lex loci celebrationis or the obtained in a sister state if the spouses were
law of the place where the marriage was domiciled in the latter state
celebrated 3. A divorce obtained in a foreign country would be
Reason: Considering that it is the lex loci recognized under the same circumstances that a
celebrationis that is usually applied to divorce obtained from a sister state is given
determine whether a marriage is valid or recognition
not, it is the same law that also 4. in the Philippines, if both spouses are aliens, we
determines whether a marriage is voidable recognize a decree of divorce obtained by them
or void abroad if valid under their national law
2. As for declaration of nullity of marriage between 5. If one of the spouses is a Filipino and the other an
two Filipinos abroad, the grounds are the alien, we also recognize the divorce obtained by
exceptions to the lex loci celebrationis in Article 26 the alien spouse abroad
of the Family Code:
(1) Either or both parties did not Legal separation v. divorce
have legal capacity to get married (Art. 35 Legal separation Divorce
(1)) Relative divorce, only a Absolute divorce, dissolves
(2) The marriage is immoral for separation from bed and the marriage and the parties
being bigamous or polygamous (Art. 35 board but the parties remain can marry again
(4)) married
(3) Consent of one party is lacking,
because of mistake as to the identity of Legal separation v. annulment of marriage
the other (Art. 35 (5)) Legal separation Annulment
(4) One of the parties was Marriage is not defective Marriage is defective
psychologically incapacitated at the time Grounds arise after the Grounds must exist at the
of the marriage to comply with the marriage time of or before the
essential marital obligations (Art. 36) celebration of the marriage
(5) The marriage is incestuous Parties are still married to Marriage is set aside
(Art. 37) each other
(6) The marriage is void by reason Grounds are those given by Grounds are those given by
of public policy (Art. 38) the national law or the the lex loci celebrationis
domiciliary law question is subject to certain exceptions
one of status questions the very

existence of status Note: The prescriptive period for filing of an action for legal
separation in the Philippines is 5 years from the time of the
Conflict rules on legal separation occurrence of the case (Art. 57, FC)
1. If the parties are of the same nationality grounds
for legal separation are those given by their Chapter 13
personal law (national law or domiciliary law) Status of Children
2. If the parties are of different nationalities
grounds for legal separation are those under both Conflict rules in determining legitimacy of children
the personal law of the husband and wife 1. If the parents are of the same nationality their
common personal law (national law or law of
Courts that may grant legal separation domicile) will be applied
1. Jurisdiction in the case of aliens is not assumed by 2. If the parents are of different nationalities
the forum unless the national law of the parties is personal law of the father governs
willing to recognize its jurisdiction
2. In the Philippines, foreigners may ask for legal Legitimate and illegitimate children under Philippine
separation here, even if they did not get married in internal law
this country. What is important is that the court 1. Legitimate children children conceived or born
has jurisdiction over both parties during the marriage of the parents
3. Most countries assume jurisdiction over case for 2. Illegitimate children children conceived and born
legal separation on the basis of the domicile of one outside a valid marriage
of the parties or the matrimonial domicile EX: Children born of void marriages under
Article 36 (psychological incapacity) and
Note: It is NOT necessary that the cause for legal Article 53 (those born of the first marriage
separation take place in the country for our courts to of parties before said first marriage had
have jurisdiction over the case. been annulled or declared void, and who
marry a second time without delivering
Grounds for legal separation under Philippine internal the presumptive legitime of the children of
law (Article 55, FC) their first marriage are considered
1. Repeated physical violence or grossly abusive LEGITIMATE CHILDREN
conduct against the petitioner, a common child, or
a child of the petitioner
2. Physical violence or moral pressure to compel the
petitioner to change religious or political affiliation
3. Attempt to corrupt or induce the petitioner, a Law governing the rights and duties between parent
common child, or a child of the petitioner, to and child
engage in prostitution, or connivance in such 1. If the child is legitimate either the common
corruption or inducement personal law of the parents or the personal law of
4. Final judgment sentencing the respondent to the father if the parents are of different
imprisonment of more than 6 years, even if nationalities governs
pardoned 2. If the child is illegitimate The personal law of the
5. Drug addiction or habitual alcoholism of the mother is decisive, UNLESS the child is
respondent subsequently recognized by the father, in which
6. Contracting by the respondent of a subsequent case the rules on legitimate children will be applied
bigamous marriage, whether in the Philippines or
abroad Doctrine of immutability of status
7. Lesbianism or homosexuality of the respondent The status of a child (whether legitimate or illegitimate) is
8. Sexual infidelity or perversion not affected by a subsequent change of nationality of the
9. Attempt by the respondent against the life of the parents
petitioner But the rights an duties of parent and child would
10. Abandonment of petitioner by respondent without after the parents change of nationality, be
justifiable cause for more than one year governed by the new national law of the parents
Defenses to legal separation under Philippine internal Legitimation, defined

law (Article 56, FC) A process whereby children who in fact were not born in
1. Condonation of the offense or the act complained lawful wedlock and should therefore be ordinarily considered
of illegitimate children are by fiction of law and upon
2. Consent of the aggrieved party to the commission compliance with certain legal requirements, regarded by law
of the act or offense complained of as legitimate, it being supposed that they were born after
3. Connivance between the parties in the commission their parents had already been validly married.
of the offense or act constituting the ground for
legal separation Conflicts rules on legitimation of children
4. Where both parties have given ground for legal 1. The requisites of legitimation are generally
separation considered those prescribed by the national law of
5. Collusion between the parties to obtain legal the parents, and if the latter have different national
separation laws, the national law of the father
6. Prescription 2. In countries following the domiciliary theory, law of
the domicile of the parents, or in proper cases, the
law of the domicile of the father should govern

Philippine internal law on legitimation of children Note: RA 8552 still requires that the (alien) husband and
(Articles 177-182, FC) wife must jointly adopt. However in cases where the
Requisites for legitimated children spouses are legally separated, the husband or the wife can
1. The child was conceived AND born outside lawful adopt alone, and the consent of the other spouse to an
wedlock adoption filed by one spouse is not necessary
2. The parents at the time of the childs conception,
were not disqualified by any impediment to marry Nature of adoption in Philippine law
each other 1. Adoption proceedings are always judicial an din
rem, i.e., publication is required
Note: Legitimation creates a permanent (immutable) status 2. A mere agreement of adoption between the
of the child adopters and the parents of the child is not a valid
adoption, nor the fact that the child had been
Adoption adopted de facto (ampon) by the alleged adopting
An act, which establishes a relationship of paternity and parents
filiation and in so doing, endows the child with legitimate 3. Neither is mere registration of the child in the civil
status registry as the child of the adopter a valid
adoption. This even amounts to the crime of
Law which determines whether the relationship of simulation of birth
adoption has been created or not 4. The capacity and right of the adopter to file a
1. The childs personal law petition for adoption are governed by the law in
2. If the child does not reside in the country of his force at the time the petition is filed, and cannot be
citizenship the personal law of the adopter will impaired by a new law disqualifying him or her for
govern, or the personal law of the adopter and that adoption
of the child will be applied concurrently
Recognition of a foreign decree of adoption
Law which determines the legal effects of adoption While there is no provision of law nor jurisprudence
The legal effects of adoption are determined by the same expressly requiring the Philippines to recognize a foreign
law that created the relationship of adoption decree of adoption, it is believed that under Sec. 48 of Rule
39 of the Rules on Civil Procedure, we can recognize such
foreign decree of adoption provided the foreign court had
jurisdiction to render said decree, and that there is no want
of notice, collusion, extrinsic fraud, or clear mistake of law
or fact leading to the foreign decree of adoption
Adoption by aliens in the Philippines
Under RA 8552 or the Domestic Adoption Act of 1998, aliens Does adoption confer on the adopted child the
(who are not even former Filipino citizens) can adopt in our citizenship of the adopter?
country, provided: No. Adoption does not confer on the adopted child the
1. The have the same qualifications as those required citizenship of the adopter. Adoption is a matter political and
of Filipino citizens not civil in nature, and the ways in which it should be
2. Their countries have diplomatic relations with our conferred are outside the ambit of the Civil Code.
country
3. They have been living in the Philippines for at least Chapter 14
3 years prior to the filing of the petition for Wills, succession, and administration of the estate
adoption, and maintain such residence until the of deceased persons
adoption decree is entered
4. The have been certified by their diplomatic or Two theories or systems in determining the proper
consular offices or by any appropriate government law for the transmissions of successional rights
agency that they have the legal capacity to adopt 1. Unitary or single system only one law
in their own countries and determines transmission of real as well as personal
5. Their government allows the adopted child to enter properties
their own country as their adopted child 2. Split or scission system Succession to real
property is governed by the lex situs, while
Special aliens who can adopt under RA 8552 succession to movable or personal property is
1. A former Filipino citizen who seeks to adopt a governed by the law of the domicile of the
relative within the 4th degree of consanguinity or deceased at the time of his death
affinity
2. One who seeks to adopt the legitimate son or Note: In the Philippines, we follow the unitary or single
daughter of his or her Filipino spouse system, in that Article 16 of the NCC applies the
3. One who is married to a Filipino citizen and seeks national law of the deceased, whatever may be the
to adopt jointly with his or her spouse a relative nature of the property and regardless of the country
within the 4th degree of consanguinity or affinity of where the property is found
the Filipino spouse
These aliens need not comply with the residency in the Extrinsic v. intrinsic validity of wills
Philippines and they also need not submit a certification that
Extrinsic validity Intrinsic validity
they have the capacity to adopt from the diplomatic or
Forms and solemnities of Substance of wills
consular office of their country in the Philippines or any
wills
other government agency
Deals with the forms and Concerns itself with:
solemnities in the making of 1. Order of succession

wills which include: 2. Amount of

1. Age and successional rights, Conflicts rules on revocation of wills
testamentary and other matters 1. Under Art. 829 of the NCC, a revocation done
capacity of the of substance outside the Philippines by a person who does not
testator have his domicile here is valid if done according to:
2. Form of the will (1) The law of the place where the will was
(notarial or made (lex loci celecbrationis) or
holographic) etc (2) The law of his domicile at the time of
revocation (lex domicilii)
Conflicts rules in the Philippines on extrinsic validity Note: ignores the law of the place of
of wills revocation
1. If a Filipino makes a will abroad - he may comply 2. If the revocation is done in the Philippines, it is
with the formalities of Philippine law (lex nationalii) valid if made in accordance with the provisions of
or the lex loci celebrationis (the law of the place our CC
where he was at the time of the execution of the 3. If the revocation is done outside the Philippines by
will) Art. 815, NCC a person who is domiciled here, it is valid if made
2. If an alien makes a will abroad - he may comply in accordance with our law (lex domicilii) or lex loci
with the formalities of his lex nationalii (law of the actus of the revocation (the place where the
country of which he is a citizen, the lex domicilii revocation was made)
(law of his domicile0, or the lex loci celebrationis
3. If an alien makes a will in the Philippines he may Probate, defined
comply with the formalities of his own country (lex Probate is the process of proving before a competent court
nationalii) or of Philippine law (lex loci the due execution of a will, that the testator was possessed
celebrationis) of testamentary capacity, and the approval by said court of
4. Holographic wills must be entirely written, dated, the will
and signed by the hand of the testator. It is subject
to no other form and may be made in or out of the Conflict rules on probate of wills
Philippines and need not be witnessed (Art. 810, 1. The allowance of disallowance of a will is
NCC) essentially procedural, so that the law of the forum
applies to all procedural matters
Conflicts rules on joint wills 2. Art. 838, 1st par: now will shall pass either real
1. Filipinos cannot make joint wills whether he or or personal property unless it is proved and
abroad allowed in accordance with the Rules of Court
2. Joint wills made by aliens shall be considered valid 3. There is no period of prescription for the probate of
in the Philippines if valid according to their lex a will
nationalii or lex domicilii or if valid under lex loci 4. Wills proved and allowed in a foreign country
celebrationis according to the laws of each country may be
3. Joint wills made by aliens in the Philippines are allowed, filed, and recorded by the proper court in
void even if valid under their lex nationalii or lex the Philippines
domicilii in order that our public policy on joint wills 5. Although a foreign will had already been probated
may not be militated against in a foreign country, it still has to be reprobated in
4. A joint will executed by an alien and a Filipino the Philippines in accordance with our procedural
citizen abroad will be valid even as to the alien (if law it is sufficient to ask for the enforcement of
his national law or law of his domicile or lex loci the foreign judgment of the probate abroad
celebrationis allows it) but void as to the Filipino 6. The evidence necessary for the probate or
allowance of wills which have been probated
Conflicts rules on intrinsic validity of wills outside the Philippines are:
1. lex nationalii in countries that follow the (1) The due execution of the will in
nationality theory accordance with the foreign law because
2. lex domicilii in countries that follow the we cannot take judicial notice of foreign
domiciliary theory laws
(2) The testator had his domicile in the
What governs the intrinsic validity of wills in the foreign country where the will was
Philippines probated
The NCC applies the lex nationalii of the decedent (3) The will had been admitted to probate in
Note: in case of conflict between the nationality said country
theory and the domiciliary theory, we can treat the (4) The foreign tribunal is a probate court
case as one of renvoi so that we can still apply (5) The laws of the foreign country on
Philippine law even if the deceased was a citizen of procedure and allowance of wills were
another country followed
Administration of estate of deceased persons

Conflicts rules if a person dies intestate Administration is the process of determining and realizing
1. In civil law countries the national law of the the assets of a deceased person, the payment of the debts
decased applies of the estate, and the actual distribution of the residue to
2. In common law countries the lex domicilii of the the heirs
deceased at the time of death applies with respect
to personalty, while the lex situs applies with Conflicts rules on administration of estate of
respect to real property deceased by persons

1. Administration is procedural in nature. It is the lex Old rule on law on personal property/movables -
fori that governs not the law that determines how Mobilia sequuntur personam
the estate of the deceased is to be distributed Personal effects or belongings of owner carried with
2. In charge of the administration is the executor or him wherever he went.
an administrator with a will annexed or an Given artificial status since did not have fixed status
administrator personal law of the owner
Executor Administrator Administrator Philippine rule on personal properties

with a will Art. 15 of the CC real property as well as personal
annexed property is subject to the law of the country where it is
Appointed by Appointed by Appointed by situated
testator in the court if the court if
his will there is a will there is no will Matters governed by lex situs with respect to real
but no executed property
is designated 1. Extrinsic validity
therein 2. Intrinsic validity
3. Capacity of contracting parties
3. The executor is qualified, and the administrator of 4. Interpretation of documents
the estate is appointed, by the court of the country 5. Effects of ownership
where the deceased was domiciled at the time of 6. Co-ownership
his death, or if he was a non-domiciliary, the 7. Accession
country where his properties are found 8. Usufruct
4. The rights, powers, and duties of the executor or 9. Lease
administrator are coextensive with the territorial 10. Easement
jurisdiction of the court that qualified or appointed 11. Quieting of title
him 12. Registration
5. Principal domiciliary administration v. ancillary 13. Prescription
administration 14. Police power
15. Eminent domain
Principal domiciliary Ancillary 16. Taxation
administration administration
Administration granted Administration in other Exceptions to the rule on lex situs with respect to real
in the country of the countries where the properties
deceaseds last domicile deceased also left 1. Succession governed by national law (in
properties Philippines) not lex situs
2. Contracts involving real property but do not deal
6. The domiciliary administrator of the estate of a with title or real rights over the property, the issue
deceased American citizen in the US has no power being the contractual rights and liabilities of parties
over and is not entitled to the possession of the governed by the proper law of the contract (lex
stock certificates of shares of stock by the loci voluntatis or lex loci intentionis)
deceased in a Philippine corporation, which 3. In contracts where real property is given as
certificates must be delivered to the ancillary security by way of mortgage to secure a principle
administrator contract (i.e. loan) loan is governed by the
proper law of the contract which the mortgage is
Caduciary rights of state in Conflict of Laws governed by the lex situs
There are two theories adopted by different states so that 4. While the validity of the transfer of land must be
they may claim the properties left by a deceased who left determined by the lex situs, the validity of the
no heirs and no will: contract to transfer is determined by the proper
1. Some countries adopt the theory that such law of the contract
properties have become ownerless (bona vacantia)
hence they should revert to the State where they Rules in giving constructive situs to choses in
are situated by escheat possession that are usually in motion
properties pass to the State as an incident of VESSELS
sovereignty, not as an heir Public vessel Law of the flag
2. In the Philippines and some civil law countries Private or commercial Law of the country or
the theory adopted is that the State is the last heir vessel place of registry
of a deceased person. Hence, the State succeeds If vessel is docked at a Said port is deemed as its
to the properties left by said deceased as an heir. foreign port temporary situs
GOODS IN TRANSIT
As to liability for loss, Law of destination (Art.
Chapter 15 destruction, or 1734, CC)
PROPERTY deterioration of goods
in transit
Conflict rules on real property and personal property The validity and effect Law of the place where
GR: lex situs/ lex re sitae law of the place where the of seizure of goods in the goods were seized
property is located transit (temporary situs)
Disposition or Proper law of the contract
alienation of goods in (lex loci voluntatis or lex

transit loci intentionis) Goodwill of business Good will of business and

taxation thereon are
Rules in giving constructive situs to intangible -Art. 521, NCC: property governed by the law of
personal properties or choses in action and may be transferred the place where the
CREDITS OR DEBTS together with the right to business is carried on
Involuntary transfer of The situs of the place use the name under which
assignment of a debt where the debtor may be the business is conducted
(garnishment) served (usually his
domicile) Goodwill
The proper law of the -The patronage of any
contract (the proper law of established trade or
the original transaction business
out of which the chose in Patents, copyrights, trademarks, trade names,
action or credit arose) and service marks
Patents, copyrights, GR: in the absence of a
Other theories: trade marks, trade treaty, protected only by
1. The law of the names the state that granted or
Voluntary assignment place where the recognized them
or transfer of credit assignment is
executed Art. 520, NCC: a trade
2. The law of the mark or a trade name duly
place where registered in the proper
performance or government bureau or
payment is office is owned by and
normally pertains to the person,
expected corporation, or firm
3. The national law registering the same,
of the parties subject to the provisions
Situs of a debt for Domicile of creditor of special laws
taxation purposes
Administering debts Situs is the place where Intellectual property
the assets of the debtor Code: Any foreign
are situated corporation being a
NEGOTIABLE INSTRUMENTS national or domiciliary o a
The law that Law governing rights country which is a party to
determines whether embodied in the a convention, treaty, or
the instrument is instrument agreement related to
negotiable or not intellectual property rights
Note: American to which the Philippines is
Restatement claims that also a party or which
the situs is the place extends reciprocal rights
where the instrument was to our nationals by law,
executed shall be entitled to the
The law that The law of the situs of the benefits to the extent
determines the validity instrument at the time of necessary to give effect to
of the transfer, transfer, delivery, or any provision of such
delivery, or negotiation negotiation convention.
of the negotiable
instrument - Foreign corporation even
if not engaged in business
SHARES OF STOCKS OF CORPORATIONS
in the Philippines may
Sale of shares of stocks Law of the place of
nevertheless bring a civil
incorporation since
or administrative action,
transfer is recorded in the
for opposition,
books of the corporation
cancellation, infringement,
Sale of corporate Governed by the proper
or unfair competition.
shares as between the law of the contract (lex
parties loci voluntatis or lex loci
intentionis)
Taxation on dividends Law of the place of Chapter 16
received by corporate incorporation CONTRACTS
shares
FRANCHISES Contract, defined
Franchises Law of the state that Art. 1305, NCC: Meeting of minds between two persons
- special privileges granted them whereby one binds himself, with respect to the other, to
conferred by the give something or to render some service.
government on an The specific subject of contract in Conflict of Laws
individual or corporation is limited to purely civil or commercial transactions.
Goodwill of a business

Conflicts rules in determining extrinsic validity of Limitations to the courts choice of law in determining
contracts the intrinsic validity of contracts
GR: the extrinsic validity of contracts is governed by the lex 1. Generally, the parties cannot select a law that has
loci celebrationis/ lex loci contractus no connection at all with the transaction
2. If the law selected should change, it is the new law
Variations to the rule of lex loci intentions in that should be applied
determining extrinsic validity of contracts EX: Change of new law is so revolutionary
1. A contract entered into by parties in two different that it could never have been
countries by cablegram, telex, or fax contemplated by parties
Art. 1319 par. 2: Acceptance made by 3. Several laws may be selected, each of which will
letter or telegram does not bind the govern the different elements of the transaction
offeror except from the time it came to his 4. If under the selected law, the contract is legal but
knowledge. The contract in such a case is in the place of performance, it is illegal, the
presumed to have been entered in the selected law should prevail (valid contract)
place where the offer was made 5. Questions of substantial and essential validity
American law: contract is deemed (void, valid, voidable) of the contracts should be
entered into in the place where the governed by the proper law of the contracts
acceptance of the offer is posted or mailed Minor details: time of payment, etc.
2. Place of execution was merely casual or accidental should be governed by the law of
The law which has the most significant performance
relationship to the transaction should be 6. Parties cannot stipulate on the jurisdiction of the
applied courts our oust or courts jurisdiction
3. (EX) When the lex loci contractus/lex loci 7. The parties cannot contract away applicable
celebrationis contravenes an established and provisions of law
important policy of the forum, or to apply it would 8. American law recognizes cognovit clauses if the
work gross injustice to the people of the forum, or parties were of equal bargaining power and debtor
if the transaction is contra bonos mores and the debtor voluntarily agreed to said clause
Cognovit clauses: specify which courts
Conflict rules in determining capacity of parties to a would have jurisdiction in case of breach
contract or default in payment, or it may waive
GR: Capacity to enter into contracts is generally governed debtors right to notice (confession of
by the personal law of the parties judgment)
In Phil., Art. 15 NCC: Capacity of a Filipino
is governed by Philippine law (nationality theory)
EX: Contracts involving alienation or encumbrance of Extrinsic Capacity Intrinsic

property both real and personal capacity is governed by validity of validity
the lex situs parties
Barter, sale, Lex situs Lex situs Lex situs
Conflict rules in determining intrinsic validity of donation
contracts Lease of Lex situs Lex situs Lex situs
1. GR: Intrinsic Validity of contracts is governed by property:
the proper law of the contract lex loci voluntatis creates real
or lex loci intentionis rights
2. American Law (Second Restatement): Lease of Lex loci Personal Lex
(1) law to be applied should be the law property: celebrationis law of voluntatis
chosen by the parties does not the or lex loci
(2) If none, the law of the state which has the create real parties intentionis
most significant relationship to the parties rights
or to the transaction Pledge, Lex situs Lex situs Lex situs
3. Prof. Raleigh Minor advocates application of chattel
different laws: mortgage,
(1) As to the perfection of contract: lex loci real estate
celebrationis mortgage,
(2) As to the validity of the consideration antichresis
lex loci considerationis Contract of Lex loci Personal Lex loci
(3) As to questions of performance lex loci loan: mutuum celebrationis law of voluntatis
solutionis the or lex loci
parties intentionis
Philippine conflict rules on intrinsic validity of Contract of Lex situs Lex stius Lex situs
contracts loan:
1. We have no specific provision of law applicable to commodatum
conflict rules on the intrinsic validity of contracts Lease of Lex loci Personal Lex loci
However the policy of our law is to give service, celebrationis law of volntatis
effect to the intention of the parties agency, parties or lex loci
2. We should apply the proper law of the contract (lex guaranty, intentionis
loci voluntatis (express) or lex loci intentionis suretyship
(implied)
Note: Agency

to alienate or To compensate victim for the damage or injury

encumber real suffered
property is
governed by lex Three theories in determining locus delicti
situs 1. Civil law theory The locus delicti is the place
Lex loci Personal Lex loci where the act began
celebrationis law of voluntatis 2. Common law theory The locus delicti is the
parties place where the wrongful act became effective
Liability for loss, destruction, 3. Theory of Dr. Rabel The locus delicti is the
deterioration of goods in transit: law place which has the most substantial connection
of destination of goods (Art. 1753, with the wrongful act
NCC)
Modern theories in determining liability for torts
If COGSA applies, limiation on 1. State of the most significant relationship the
liability applies, unless the shipper rights and obligations of parties in a case of tort is
declares value of goods and inserts determined by the local law of the state which,
such declaration in the bill of lading with respect to the particular issue, has the most
Contract of significant relationship to the occurrence and the
transportation Contract for air transportation parties
or carriage (Warsaw Convention)
(render 1. The liability of the airline in 2. The interest-analysis approach This approach
services) case of death, injury to considers the relevant concerns that two or more
passengers, or loss or damage states may have in the case and their respective
to cargo is governed by Warsaw interests in applying their laws to it
Convention If however, the case poses a real conflict
2. If there was malice, gross between two or more States, if the
negligence, or bad faith, or interested forum finds that he other State
improper discrimination, carrier has a greater claim in the application of its
is liable for damages beyond law to a given case, the forum should
those limited by Warsaw yield and apply the law of the other state.
Convention If the forum is disinterested in the case, it
can dismiss the same on the ground of
Note: if contracts involve encumbrances of property, forum non conveniens
real or personal, apply lex situs. If personal contracts, In short, the state which has the more
law on contracts will apply relevant and weighty interests in the case
should be considered the locus delicti
Chapter 17
TORTS 3. Qavers principle of preference Under this
theory, a higher standard of conduct and financial
protection given to the injured party by one state
Tort, defined
is applied by the State where the injury happened,
Legal wrong committed upon person or property
if the latter state adopts a lower standard of
independent of contract
conduct and financial protection to the injured
Spanish law: quasi delict/culpa aquiliana fault or
negligence
Conflict rules on maritime torts
American law: broader fault or negligence and
1. If the tort is committed abroad a public vessel,
also those committed with malice or willful intent
whether on the high seas or in foreign territorial
waters, the law of the flag is the lex loci delicti
Concept of tort in the Philippines
commissii
Blending of both Spanish and American laws
2. If the tort is committed aboard a private or
Art. 20 NCC: Every person who, contrary to law, merchant vessel on the high seas, the law of the
willfully or negligently causes damage to another, registry is the lex loci delicti commissii
shall indemnify the latter for the same. 3. If two vessels collide and are from the same state,
Art. 2176 NCC: Whoever by act or omission the law of registry is the lex loci delicti commissii
causes damage to another, there being fault or 4. If the vessels come from different states with
negligence, is obliged to pay for the damage done. identical laws, apply said identical laws
Such fault or negligence, if there is no pre-existing 5. If the vessels come from different states with
contractual relation between the parties, is called a different laws, the lex loci delicti commissii is the
quasi-delict and is governed by the provisions of general maritime law as understood and applied by
this Chapter. the forum where the cas eis filed
Law governing liability for torts in Conflict of Laws Foreign tort to be actionable/subject of an action for
Liability for torts in general is governed by the lex loci delicti damages in the Philippines Requisites/Conditions
commissi (law of the place where the delict or wrong was 1. Must acquire jurisdiction over the defendant (action
committed) for damages is action in personam)
State where the social disturbance occurred has 2. Foreign tort must not be penal in character
the primary duty to redress the wrong and 3. The enforcement of the tortuous liability should not
determine the effects of the injury; and contravene our public policy

4. Our judicial machinery must be adequate for such completed in another state
enforcement
Note: all procedural matters are governed Objective territorial
by the lex fori Phil law). principle
Substantive matters are governed by the The state can prosecute
lex loci delicti commissii, thus: crimes began abroad but
(1) Period of prescription of the completed within its territory
action is governed by lex loci The country of which the
delecti commissii because in criminal is a citizen or
Philippine law, prescription is subject has jurisdiction to
substantive not procedural Nationality or personal try him for crimes allegedly
(2) Proper parties, measure of theory committed by him, whether
damages, and the question inside or outside its
whether the acts complained of territory, provided it is a
is considered the proximate crime under said countrys
cause of the injury are penal law
governed by the lex loci delicti Protective theory Any state whose national
commissii interests may be jeopardized
(3) The burden of proof and has jurisdiction over criminal
defenses that may be offenses, even if it is
interposed by defendant are committed outside its
also governed by lex loci delicti territory and even if
commissii committed by an alien
Real or eclectic theory Any state whose penal code
has been transgressed upon
Chapter 18 has jurisdiction, whether the
CRIMES crime was committed inside
or outside its own territory
Tort v. Crime Cosmopolitan or Any state where the criminal
Tort Crime universality theory is found or which has
Both are wrongs obtained custody over him
Violates private rights Committed against state can try him, unless
Instituted by injured person Prosecuted in the name of extradition applies
against wrongdoer in civil the State against the The state of which the victim
case, the purpose of which offender in criminal actions Passive personality or is a victim or subject has
is indemnification for for the purpose which are passive nationality theory jurisdiction to prosecute the
damages suffered protection and vindication of offense
interests of the public as a
whole, punishment of the Note: In the Philippines, we follow as a GENERAL RULE the
offender, the reformation of territorial theory, and by way of EXCEPTION, the protective
offender, or to deter others theory
from committing the same
act Cases where we follow the protective theory
Transitory in character Local in character and can Art. 2, RPC: Except as provided in the treaties and laws of
tortfeasor can be made be prosecuted only in the preferential application, the provisions of this Code shall be
liable for his wrongful act in place or states where the enforced not only within the Philippine Archipelago,
any jurisdiction where he crimes are committed including its atmosphere, its interior waters and maritime
may be found zone, but also outside of its jurisdiction, against those who:
1. Should commit an offense while on a Philippine
Note: The determination of whether a wrongful act is a tort ship or airship;
or crime depends on the characterization of the act in the 2. Should forge or counterfeit any coin or currency
state where said act is committed note of the Philippine Islands or obligations and
securities issued by the Government of the
Different theories that determine whether a state or a Philippine Islands;
legal system has jurisdiction to take cognizance of 3. Should be liable for acts connected with the
criminal cases introduction into these islands of the obligations
and securities mentioned in the preceding number;
Under this theory, the state
4. While being public officers or employees, should
where the crime was
commit an offense in the exercise of their
Territorial theory committed has jurisdiction
functions; or
to try the case, and its penal
5. Should commit any of the crimes against national
code and the penalties
security and the law of nations
described therein will apply
Jurisdiction over crimes committed on board a foreign
Subjective territorial
vessel if said vessel is within territorial waters
principle
The state where the crime English Rule French Rule
was begun may prosecute Emphasizes territorial Emphasizes nationality
the same, even if it was principle theory

The territory where the The State whose flag is operate public utilities unless 60% of the capital is
crime was committed will flown by the vessel has Filipino owned (Constitution)
have jurisdiction EXCEPT: jurisdiction EXCEPT 2. For wartime purposes We adopt the control test
1. In matters relating if the crime affects the we pierce the veil of corporate identity and go
to internal order peace, order, security, and into the nationality of the controlling stockholders
and disciple of the safety of the territory to determine whether a corporation is an enemy
vessel and corporation
2. Those which affect
solely the ship and Matters that are governed by the personal law of the
its occupants such corporation
as minor or petty 1. Requisites for the formation of the corporation
criminal offenses 2. Required number of incorporators and the
committed members of the board of directors
3. The kinds of shares of stock allowed
Note: Under Art. 27 of UNCLOS, Philippine courts do not 4. The transfer of stocks
acquire jurisdiction over crimes committed on board a 5. The issuance, amount, and legality of dividends
vessel even if it is within our territorial waters as long as the 6. The powers and duties of the officers, stockholders,
effect of such crime does not disturb our peace and order. and members
This is similar to the French rule.
Law that determines the validity of corporate acts and
contracts
Chapter 19 Determined by the place of incorporation AND by the law of
BUSINESS ASSOCIATIONS the place of performance
May a foreign corporation sue and be sued in the

Corporation, defined
Philippines?
Sec. 2 of Corporation Code: An artificial being created by
Yes, if it has the necessary license to do business in the
operation of law, having the right of succession and the
Philippines. The license is required not to forbid the foreign
powers, attributes, and properties expressly authorized by
corporation from performing single acts but to prevent it
law or incident to its existence
from acquiring a domicile for purposes of business without
taking the steps necessary to render it amenable to suit in
Foreign corporation, defined
the local courts
Sec. 123 of Corporation Code: One formed, organized, or
existing under any laws other than those of the Philippines
Jurisdiction over foreign corporations doing business
and whose laws allow Filipino citizens and corporations to do
in the Philippines, how acquired
business in its own country or state
By service of summons on:
1. Its resident agent
2. If no such agent, on the government official
designated by law to that effect; or
Theories in determining the personal law or
3. On any of its officers or agents within the
governing law of a corporation
Philippines (Rules of Court)
1. The theory that the personal law is the law of the
place of incorporation
Status of a contract of a foreign corporation who
2. The theory of the place or center of management
transacts business here without the necessary license
3. The theory of the place of exploitation
Unenforceable, but the person who contracted with the
corporation may be in estoppel if he had received benefits
Note: In the Philippines, we follow the theory of the place of
from contract
incorporation
Instances when a foreign corporation not doing
Domicile of a corporation
business in the Philippines can sue in Philippine
Art. 51 of NCC: When the law creating or recognizing them,
courts
or any other provision does not fix the domicile of judicial
1. Isolated transactions
persons, the same shall be understood to be the place
2. To protect its reputation, corporate name, and
where their legal representation is established or where
goodwill
they exercise their legal functions
3. For infringement of trademark or trade name
Under Corporation Code, the place of incorporation
of a Philippine corporation is also its domicile
Law that applies to multinational or transnational
As for a foreign corporation that has been granted
corporations
a license to operate or to do business in the
These are actual branches of big mother corporations. The
Philippines, it acquires domicile in this country by
branches having incorporated in the states where they are
virtue of said license
established are governed by the internal law of said states,
and their personal laws are the local laws of host states
Exceptions to the theory that the personal law or the
nationality of a corporation follows the place of its
incorporation
Partnership
1. For constitutional purposes even if a corporation
A partnership exists when two or more persons bind
was incorporated in the Philippines, it cannot
themselves to contribute to money, property, or industry to
exploit or develop our natural resources nor
a common fund, with the intention of dividing the profits
among themselves (Art. 1767, NCC)

A partnership, like a corporation, has a juridical (2) Foreign court must have jurisdiction over
personality separate and distinct from that of each subject matter and parties
of the partners (3) The judgment must be on the merits; and
(4) There was identity of parties, subject
Personal or governing law of a partnership matter, and cause of action
Law of the country where it is created
Effects of foreign judgments in the Philippines under
Domicile of a partnership Rules of Court
Art. 51 of NCC: The place where their legal representation is Sec. 48, Rule 39, 1997 Rules on Civil Procedure provides:
established or where they exercise their principal functions The effect of foreign judgment or final order of a foreign
country, having jurisdiction to render the judgment or final
order is as follows:
Chapter 20 (a) In case of a judgment or final
RECOGNITION AND ENFORCEMENT OF FOREIGN order upon a specific thing, the judgment or final
JUDGMENTS order is conclusive upon the title to the thing and
(b) In case of a judgment or final
order against a person, the judgment or final
Enforcement v. recognition
order is presumptive evidence of a right as
Enforcement of foreign Recognition of foreign
between the parties and their successors in
judgment judgment
interest by a subsequent title
Means that the plaintiff or Means that eh defendant or
In either case, the judgment or final order may be repelled
petitioner wants the court to respondent is presenting the
by evidence of a want of jurisdiction, want of notice to the
positively carry out and foreign judgment on the
party, collusion, fraud, or clear mistake of law or fact.
make effective the foreign basis of res judicata
judgment
Implies an act of Involves merely a sense of
sovereignty justice
Requires separate action or Being a matter of defense,
proceeding brought precisely recognition needs no action
to make foreign judgment or proceeding but implies
effective that an action or proceeding
has already been filed
against the defendant who is
invoking the foreign
judgment
Enforcement cannot exist Recognition does not need
without recognition or does not require
enforcement
Reasons why a local court in the Philippines may

refuse to recognize or enforce a foreign judgment
1. The requisite proof of the foreign judgment may
not have been presented
The manner of proving a foreign judgment
is the same as proving a foreign law
2. The foreign judgment may contravene a recognized
and established policy in our country
3. The administration of justice in the country where
the judgment came from may be shockingly
corrupt or not beyond reproach
Conditions or requirements before a local court in the

Philippines can enforce or recognize a foreign
judgment
1. There must be adequate proof of the foreign
judgment
2. The judgment must be on a civil or commercial
matter, not on a criminal, revenue, or
administrative matter
3. There must be NO:
(1) Lack of jurisdiction
(2) Want of notice
(3) Collusion
(4) Clear mistake of law or fact
4. The foreign judgment must not contravene a sound
and established public policy of the forum
5. The judgment must be res judicata:
(1) The judgment must be final

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Conflict of Laws Comprehensive reviewer of Sempio-Diy book

Chapter 1 Writings and treaties of thinkers and

Conflict of Laws Chapter 2

Lesley Claudio (A 2012) Page 1 of 22

Jurisdiction over the Res Extraterritorial service, how effected

Service of summons, how effected

Lesley Claudio (A 2012) Page 2 of 22

Exceptions to the applications of a foreign law Theory of local law

Lesley Claudio (A 2012) Page 3 of 22

Lesley Claudio (A 2012) Page 4 of 22

Citizens of the Philippines under the 1987

Citizenship of a Filipino woman who marries a

Citizenship of an alien woman who marries a Filipino

Lesley Claudio (A 2012) Page 5 of 22

Lesley Claudio (A 2012) Page 6 of 22

Loss of citizenship Domicile v. residence

Philippine citizenship, how reacquired

Lesley Claudio (A 2012) Page 7 of 22

Rules determining ones constructive domicile Chapter 9

1. If legitimate, the domicile of both parents

Lesley Claudio (A 2012) Page 8 of 22

Refrain from applying the national law of

Lesley Claudio (A 2012) Page 9 of 22

Change of names and surnames Common law marriages of foreigners

Lesley Claudio (A 2012) Page 10 of 22

Law governing personal relations of spouses in

Lesley Claudio (A 2012) Page 11 of 22

prescription 3. As to foreigners who get married abroad the

Lesley Claudio (A 2012) Page 12 of 22

Defenses to legal separation under Philippine internal Legitimation, defined

Lesley Claudio (A 2012) Page 13 of 22

Lesley Claudio (A 2012) Page 14 of 22

wills which include: 2. Amount of

Administration of estate of deceased persons

Lesley Claudio (A 2012) Page 15 of 22

Executor Administrator Administrator Philippine rule on personal properties

Lesley Claudio (A 2012) Page 16 of 22

transit loci intentionis) Goodwill of business Good will of business and

Lesley Claudio (A 2012) Page 17 of 22

EX: Contracts involving alienation or encumbrance of Extrinsic Capacity Intrinsic

Lesley Claudio (A 2012) Page 18 of 22

to alienate or To compensate victim for the damage or injury

Lesley Claudio (A 2012) Page 19 of 22

Lesley Claudio (A 2012) Page 20 of 22

May a foreign corporation sue and be sued in the

Lesley Claudio (A 2012) Page 21 of 22

Reasons why a local court in the Philippines may

Conditions or requirements before a local court in the

Lesley Claudio (A 2012) Page 22 of 22

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