Professional Documents
Culture Documents
School of Law
School Year 2019-2020
1st Semester
COURSE SYLLABUS
Instructor:
I. COURSE DESCRIPTION:
The study of Conflict of Laws has become relevant due to the growing inter-dependence of
many states in business and commercial activities. Most of these business transactions
involve individuals from different states that cut across territorial lines, which call for the
application of the different municipal laws. This subject will dwell on matters relating to
situations involving foreign elements with emphasis on the choice of law. The subject will
also study conflict of law situation involving jurisdiction, recognition and enforcement of
foreign judgments.
Other topics include: Philippine Internal Laws governing conflict of law situations, involving
Citizenship and Domicile, Nationality and Domicile of Corporations, Contracts, Wills and
Succession; Property, Torts and Damages; Divorce, Declaration of Nullity of Marriage,
Annulment, Trademarks, Patents and Copyrights and Judicial Jurisdiction, Forum
Convenience, Venue and Summons.
At the end of the semester, the students are expected to learn the different rules on conflict
of laws and the students are expected to have gainful insights and understanding on Private
International Law. The students are expected to interpret properly the legal provisions of
the law and apply the said learnings in answering bar questions and other legal problems.
▪ Lecture-recitation
▪ Case Analysis
▪ Practical Class Analysis
III. INSTRUCTION
The students are instructed to read the chapter/s assigned per week/session. During the
class, the professor will conduct lecture and recitation. The students are expected to have
read and understand the topics assigned. Case analysis will be made simultaneously based
on the Supreme Court decided cases.
IV. COURSE OUTLINE
WEEK/SESSION TOPICS/SUBTOPICS
Preliminary Period A. Definition: Conflict of Laws
• Peculiar Terms to Conflict of
P Week 1 Laws
Chapters I and II B. Application of Conflict of Laws in the
Philippines
Introduction to Conflict of Laws C. Foreign Element
And Choice of Law • Saudi Arabian Airlines vs. Court
of Appeals 297 SCRA 469 (1998)
D. Ways of Dealing with Conflict of Laws
Cases:
• Jurisdiction
• Choice of Law
• Enforcement of Judgment
Cases:
Phases in Conflicts Resolution
• Hasegawa vs. Kitamura, G.R. No.
149177, November 23, 2007
• Raytheon International, Inc. vs.
Rouzie, Jr. G.R. No. 162894,
February 26, 2008
• HSBC vs. Sherman 176 SCRA 331
P. Weeks 2-3 A. Characterization and Points of Contracts
• Saudi Arabian Airlines vs. Court of
Continuation of Chapter II Appeals 297 SCRA 469 (1998)
Choice of Law B. Choice of Applicable Law
Cases:
• Aznar vs. Garcia, January 31, 1963
• Bellis vs. Bellis, June 6, 1967
• Cadalin et. Al. vs. POEA
Administrator, December, 5, 1994
• Bank of America NT & Asia vs.
American Realty Corp., December
29, 1999, 321 SCRA 659
• Dacasin vs. Dacasin, February 5,
2010
• Hasegawa vs. Kitamura, G.R. No.
149177, November 23, 2007
• Zapanta vs. Local Civil Registrar of
Davao 237 SCRA 25
• Norma A. Del Socorro vs. Ernest
Johan Van Wilsen, December 10,
2014
B. Agreement of the Parties
• Cadalin vs. POEA 238 SCRA 721
• Hongkong and Shanghai Banking
Corp. vs. Sherman 176 SCRA 331
C. Substance vs. Procedural Principle
D. Center of Gravity Doctrine
E. Renvoi
• Aznar vs. Garcia,
F. Lex Fori
• Oil & Natural Gas vs. CA, 293 SCRA
26
• St. Aviation Services Co. vs. Grand
International Airways, 565 SCRA
30
G. Applicability of Philippine Law and its
Exceptions
• Bank of America vs. American Realty
Corp. 321 SCRA 659
H. Proof and Authentication of Foreign Law
• Wildvalley Shipping vs. CA, October
6, 2000
• Manufacturers Hanover Trust Co. vs.
Guerrero, February 19, 2003
• Edi-staff Builders International vs.
NLRC, October 26, 2007
• Exceptions: Norse Management Co.
vs. National Seamen Board,
September 30, 1982
I. The Hague Conference on Private
International Law
• Apostille Convention
J. Processual Presumption
• Asiavest Limited vs. CA, 296
SCRAV539
P Week 4 A. The Nationality Principle
B. Citizenship and Modes of Acquisition
Chapter III • Bengzon III vs. HRET, May 7, 2001
Citizenship and Domicle • Poe-Llamanzares vs. COMELEC,
March 8, 2016
• Djumantan vs. Domingo
C. Election of Citizenship
D. Dual Citizenship
E. Loss and Reacquisition of Filipino
Citizenship
• Mercado vs. Manzano, 307 SCRA 630
• Valles vs. COMELEC 337 SCRA 543
• Yu vs. Defensor-Santiago, 169 SCRA
363
• Board of Immigration Commissioner
vs. Go, 25 SCRA 890
F. Eligibility for Elective Office
• Ugdoracion, Jr. vs. COMELEC
• Tecson vs. COMELEC, March 3, 2004
G. RA 9225: Citizenship Retention and Re-
acquisition Act
• Jacot vs. Dal, November 27, 2008
• Sobejana-Condon vs. COMELEC,
August 10, 2012
• Maquiling vs. COMELEC, April 16,
2013
• Arnado vs. COMELEC, August 18,
2015
• Reacquisition vs. Retention: David
vs. Agbay, March 18, 2015
H. Practice of Profession
• In re: Petition to re-acquire the
privilege to practice law in the
Philippines, July 24, 2012
DOMICILE
Related Laws:
• Retail Trade Liberalization Act
• RA 7042, Foreign Investment Act of
1991
o E.O. 184 (Promulgating the 10 th
Regular Foreign Investment
Negative List
Cases:
• Narra Nickel Mining & Dev. Corp. vs.
Redmont Capital Consolidated
Mining Corp. April 21, 2014, G.R. No.
195580
• DOJ Opinion 20 Series of 2015
• Roy III vs. Herbosa, Nov. 22, 2016
G.R. No. 207246
Contract
A. Law on Contract
B. Choice of Law by the Parties in a
Contract
• Korean Technologies Co., Ltd. Vs.
Lerma, G.R. No. 143581, January 7,
2008.
• Bagong Filipinas Overseas Corp. vs.
NLRC 135 SCRA 278
• Pakistan International Airlines vs.
Ople 190 SCRA 90 (1990)
• United Airlines, Inc. vs. Court of
Appeals, G.R. No. 124110, April 20,
2001.
C. Exceptions to law chosen by the Parties
D. Decapage
• Buchanan vs. Doe, 431 S.E. 2d 289
E. No Agreement as to “Choice of Law”
F. Lex Loci Contractus or Place of
Performance
• Triple Eight Integrated Services vs.
NLRC, 299 SCRA 469
• Hasegawa vs. Kitamura, November
23, 2007
G. Warsaw Convention
• Santos III vs. Northwest Orient
Airlines 210 SCRA 256
• United Airlines vs. Uy 318 SCRA 576
MIDTERM EXAM
M Weeks 8-9 A. Law Governing Torts
CHAPTER VII • Saudi Arabian Airlines vs. Court of
Appeals, 297 SCRA 469
TORTS AND DAMAGES a. Lex loci comisii
• Wildvalley Shipping Co., vs. CA
342 SCRA 213
b. State of the Most Significant Contract
Rule
• Saudi Arabian Airlines vs. CA,
supra.
• Bobcock vs. Jackson, 12 NY2d
473
c. Agreement of the Parties as to
Applicable Law
• Norse Management Co. vs. NSB,
117 SCRA 487
• Suzara vs. Benipayo 176 SCRA
465
B. Overseas Employment of Filipino
Workers
a) The Kilberg Doctrine
• Eastern Shipping Lines vs. POEA,
170 SCRA 54
b) Carriage of Good By Sea Act
• Mitsui O.S.K. Lines vs. CA, 287
SCRA 366
c) Law of Country of Registry of Vessel
• People vs. Wong Cheng, 46
PHIL. 729
• National Dev. Co. vs. CA 164
SCRA 593
d) Criminal Jurisdiction
• AAA vs. BBB, G.R. No. 212448,
Jan. 11, 2018
e) Limited Liability Clause
• Everett Steamship Corp. vs. CA
297 SCRA 593
f) Lex Loci Delicti vs. Most Significant
Relationship
• Babcock vs. Jackson, 12 N.Y. 2d
473, 1963
M Week 10 A. Foreign Marriages of Filipino
B. Foreign Divorces obtained by Filipinos
abroad
Marriage, Divorce Declaration of Nullity of • Republic vs. Marelyn Manalo, April
Marriage, Annulment of Voidable Marriage 24, 2018
and Legal Separation C. Foreign Divorces obtained by foreigners
married to Filipinos
• Van Dorn vs. Romillo, 139 SCRA 159
• Pilapil vs. Ibay-Somera, 174 SCRA
653
D. Foreign Divorces obtained by Filipinos
who had been naturalized in other
countries and who had divorced their
Filipino wives thereafter.
• Republic vs. Iyoy, September 21,
2005
• Llorente vs. CA and Llorente
November 23, 2000
• Republic vs. Orbecido, October 5,
2005
• Roehr vs. Rodgriguez, June 20, 2003
• Corpuz vs.Tirol-Sto. Tomas, August
11, 2010.
• Fujiki vs. Marinay, June 26, 2013
1Aguilar, Narciso M. Conflict of Laws, 2013 ed. Central Bookstore, Quezon City,
Philippines. 2013.
Agencies • Government of the US vs. Purganan,
Sept. 24, 2002
• Secretary of Justice vs. Lantion, 343
SCRA 377
B. Immunity from Suit
C. Immunity of Specialized Agencies and
their Officials
• International Catholic Migration
Commission vs. Calleja, 190 SCRA
130
FINAL EXAM
Students will be assessed through series of examinations and class activities, which are
divided into two (2) components, such as: Major Examinations and Class Standing Activities.
Major Examinations include Prelim, Midterm and Final Examinations. Class standing
activities include the following: quizzes, graded recitation, attendance and case digest. Final
Grade is computed as follows:
Final Grade: = Average Equivalent Grade for Major Exam * 70% (A)
= Equivalent Grade for Class Standing * 30% (B)
Final Grade = A + B;
Temporary Midterm Grade is based on the average equivalent grade for Prelim and
Midterm Major Examinations only.
V. COURSE POLICY
• University and School of Law policies are fully implemented in the class;