Professional Documents
Culture Documents
CONFLICT OF LAWS Comity is also the doctrine under which the contracts made,
[PRIVATE INTERNATIONAL LAW] rights acquired, and obligations incurred in one state or
country, in accordance with its laws, are recognized and
CHAPTER I enforced by the courts of another state or country.
INTRODUCTION Lex situs – The applicable law regarding the acquisition,
transfer and devolution of the title to property is the law
REASONS WHY CONFLICT OF LAWS EVOLVED where the property is located. A conflict of law situation only
General Rule: The law of one country has no effect of its own arises when:
force beyond the limits of its sovereignty from which authority is 1. There is a dispute over the title of ownership of an
derived, and that the obligation of every law is confined to the immovable, such that the capacity to take or transfer
state in which it is established and it can attached only to those immovable, the formalities of conveyance, the essential
who are citizens and others who are within its territorial validity and effect of the transfer, or the interpretation
jurisdiction. and effect of conveyance, are to be determined; and
2. A foreign law on land ownership and its conveyance is
CONFLICT OF LAWS DEFINED. asserted to conflict with a domestic law on the same
Black’s Law Dictionary definition: matters.
“Inconsistency or difference between the laws of different Lex fori – The law of the place where the act was done.
states countries, arising in case of persons who have Lex loci actus – The law of the place where the contract was
acquired rights; incurred obligations, injuries or damages, or done.
made contracts, within the territory of two or more Lex loci celebrationis – The law of the place where a contract
jurisdictions. Hence, that branch of jurisprudence, arising is entered into.
from the diversity of the laws of different nations, states or Lex loci contractus – The proper law applicable in deciding
jurisdictions, in their application to rights and remedies, upon the rights and liabilities of the contracting parties. The
which reconciles the inconsistency; or decides which law or test to determine the proper law of the contract would
system is to govern in the particular case, or settles the appear to be the system of law with which the transaction
degree of force to be accorded to the law of another has the closest and most real connection.
jurisdiction, either where it varies from the domestic law, or Lex loci delictus – The law of the place where the offense or
where the domestic law is silent or not exclusively applicable wrong took place.
to the case in point.” Lex loci domicilii – The law of the place of domicile of a
person.
American jurisprudence definition: Lex loci rei sitae; lex situs – The law of the place where a
“Conflict of laws in reality a part of the subject of thing is situtated.
international law, which is commonly divided into two Kilberg doctrine – It is a rule to the effect that the forum is
aspects, public and private. Public international law, or the not bound by the law of the place of injury or death as to the
law of nations, is that which regulates the political limitations on damages for wrongful act because such rule is
intercourse of nations with each other or concerns questions procedural and hence the law of the forum governs on the
of rights between nations, whereas private international issue.
law, conflict of laws, is that which regulates the comity of Center of Gravity doctrine – Also known as Grouping of
states in giving effect in one to the municipal laws of another Contacts, choice of law problems in conflict of laws are
relating to private persons, or concerns the rights of persons resolved by the application of the law of the jurisdiction
within the territory and dominion of one state or nations, by which has the most significant relationship to or contact
reason of acts, private or public, done within the dominion with event and parties to litigation and the issue therein.
of another, and which is based on the broad principle that
one country will respect and give effect to the laws of CONFLICT OF LAWS ESSENTIALLY INVOLVES TWO REMEDIES.
another so far as can be done consistently with its own Two remedies:
interest.” 1. The enforcement of rights that accrued completely or
partly in a foreign country in the form of action filed in
OTHER TERMS DEFINED. Philippine courts by a citizen or an aggrieved person;
Foreign element – A factual situation that cuts across 2. The recognition and enforcement of foreign judgment,
territorial lines and is thus affected by the diverse laws of in the form of a petition or complaint to enforce such
two or more states. The presence of a foreign element is foreign judgment filed in Philippine courts by the
inevitable since social and economic affairs of individuals prevailing party.
and associations are rarely confined to the geographic limits GENERAL RULE: The rights acquired under a foreign statute
of their birth or conception. may be enforced elsewhere in comity, if not against public
Comity – The recognition which one state allows within its policy. The law of the country where the right was acquired
territory to the legislative, executive, or judicial acts of or the liability was incurred where the action is filed with
another state, having due regard both to international duty govern as to all that pertain to the remedy.
and convenience and to the rights of its own citizens or other
persons who are under the protection of its own laws.
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The fact that the statute is silent, obscure or insufficient with FOREIGN ELEMENT IN CONFLICT OF LAWS SITUATION.
respect to a question before the court will not justify the The presence of foreign element in a case determines the
latter from declining to render judgment thereon. existence of a conflict of laws situation. Where there is no
When the law does not provide a rule or norm for the court foreign element, no conflict of laws exists.
to follow in deciding a question submitted to it, but leaves it
to the court to determine it in one way or to another to his Saudi Arabian Airlines v. Court of Appeals
discretion, the judge is not absolutely free to act at his 297 SCRA 469, 1998
pleasure or will or arbitrarily. He must decide the question,
not in accordance with law for there is none, but in FACTS:
conformity with justice, reason and equity, in view of the The defendant Saudi Arabian Airlines hired the Filipina flight
circumstances of the case. attendant on January 21, 1988.
Philippine Courts apply Philippine laws or jurisprudence;
they do not automatically apply foreign laws and comity On April 27, 1990, while on a lay-over in Jakarta, Indonesia,
prescribe their application, when they are not contrary to plaintiff went to a disco dance with fellow crew members
prohibitive laws or public policies and when such foreign Thamer Al-Gazzawi and Allah Al-Gazzawi, both Saudi nationals.
laws are properly pleaded and proved. Foreign laws are Because it was almost morning when they returned to their
independent of, and are not superior than, Philippine laws, hotels, they agreed to have breakfast together at the room of
and they cannot be forced upon Philippine courts, except by Thamer.
consent, express or implied.
Recognition or enforcement of foreign judgment is actually An attempted rape occurred by Thamer to the plaintiff.
an extra-territorial application in our country of the foreign Fortunately, a roomboy and several security personnel heard her
law upon which the foreign judgment is based, to which cries for help and rescued her. Later, the Indonesian police came
Philippine courts may consent, except when such law and arrested Thamer and Allah Al-Gazzawi, the latter as an
contravenes Philippine law or the public policy of the accomplice.
country. Moreover, by filing the petition for enforcement of
the foreign judgment, which Section of 48 of the ROC so On January 14, 1992, just when plaintiff thought that the Jakarta
authorizes, the prevailing party voluntarily submits itself to incident was already behind her, her superiors requested her to
the jurisdiction of Philippine courts and to the power or see Mr. Ali Meniewy, Chief Legal Officer of SAUDIA, in Jeddah,
authority of the latter to review the foreign judgment by Saudi Arabia. Mr. Meniewy brought her to the police station
either ordering its enforcement or rejecting enforcement by where the police took her passport and questioned her about the
evidence of want of jurisdiction, want of notice to the party, Jakarta incident. Miniewy simply stood by as the police put
fraud, collusion, and clear mistake of law or fact. pressure on her to make a statement dropping the case against
Thamer and Allah. Not until she agreed to do so did the police
CONFLICT OF LAWS PRESUPPOSES CONFLICT. return her passport and allowed her to catch the afternoon flight
Conflict of laws assumes that there is a conflict between a out of Jeddah.
local law and a foreign law involving a foreign element or
elements, which requires a determination of which law One year and a half later or on lune 16, 1993, in Riyadh, Saudi
should apply. Arabia, a few minutes before the departure of her flight to
Where there is no conflict or where the conflict is merely Manila, plaintiff was not allowed to board the plane and instead
apparent than real or where the case involves no foreign ordered to take a later flight to Jeddah to see Mr. Miniewy.
element, then there is no conflict of laws situation, even if
there is a foreign element involved. The court will decide the When she did, a certain Khalid of the SAUDIA office brought her
case by applying local or municipal laws. to a Saudi court where she was asked to sign a document written
Where the case involves no foreign element and the local in Arabic. They told her that this was necessary to close the case
laws applicable on the matter are conflicting, courts resolve against Thamer and Allah. As it turned out, plaintiff signed a
them: notice to her to appear before the court on June 27, 1993.
1. By reconciling the two or more laws, if at all possible; or Plaintiff then returned to Manila.
2. If they cannot be reconciled, by considering one law as
having been impliedly repealed by the later statute; or On July 3, 1993 a SAUDIA legal officer again escorted plaintiff to
3. By excepting one law from the operation of the other, the same court where the judge, to her astonishment and shock,
and on the basis thereof, decide the case. rendered a decision, translated to her in English, sentencing her
Conflict of laws is, in reality, a municipal or national law of to five months imprisonment and to 286 lashes. Only then did
the country where the case is filed, for the forum court she realize that the Saudi court had tried her, together with
decides the case on the basis of it laws or, if foreign law is Thamer and Allah, for what happened in Jakarta. The court found
applied, it is only because the local or municipal law so plaintiff guilty of (1) adultery; (2) going to a disco, dancing and
requires. If the provision of a treaty or international listening to the music in violation of Islamic laws; and (3)
convention are applied, it is because the country’s socializing with the male crew, in contravention of Islamic
adherence thereto makes them part of the national law with tradition.
the force and effect of a law.
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matters of "procedure" not going to the substance of the the international and interstate systems and to do
claim involved are governed by it; and because the lex fori justice to the parties.
applies whenever the content of the otherwise applicable — The court assumes jurisdiction and seizes the
foreign law is excluded from application in a given case for occasion as the opportunity to formulate or refine
the reason that it falls under one of the exceptions to the rules of conflict of laws, taking into account not
applications of foreign law; and only the relevant local laws buy also general
8. the flag of a ship, which in many cases is decisive of principles and polices on the matter.
practically all legal relationships of the ship and of its master
or owner as such. It also covers contractual relationships RIGHTS OF FOREIGNER AGAINST THAT OF CITIZEN.
particularly contracts of affreightment. (Emphasis ours).
Salvacion v. Central Bank
Lastly, no error could be imputed to the respondent appellate 278 SCRA 27, 1997
court in upholding the trial court's denial of defendant's (herein
petitioner's) motion to dismiss the case. Not only was jurisdiction FACTS:
in order and venue properly laid, but appeal after trial was Greg Bartelli, an American tourist, was arrested for committing
obviously available, and expeditious trial itself indicated by the four counts of rape and serious illegal detention against Karen
nature of the case at hand. Indubitably, the Philippines is the Salvacion. Police recovered from him several dollar checks and a
state intimately concerned with the ultimate outcome of the dollar account in the China Banking Corp. He was, however, able
case below, not just for the benefit of all the litigants, but also to escape from prison. In a civil case filed against him, the trial
for the vindication of the country's system of law and justice in a court awarded Salvacion moral, exemplary and attorney’s fees
transnational setting. With these guidelines in mind, the trial amounting to almost P1,000,000.00.
court must proceed to try and adjudge the case in the light of
relevant Philippine law, with due consideration of the foreign Salvacion tried to execute the judgment on the dollar deposit of
element or elements involved. Nothing said herein, of course, Bartelli with the China Banking Corp. but the latter refused
should be construed as prejudging the results of the case in any arguing that Section 11 of Central Bank Circular No. 960 exempts
manner whatsoever. foreign currency deposits from attachment, garnishment, or any
WHEREFORE, the instant petition for certiorari is hereby other order or process of any court, legislative body, government
DISMISSED. Civil Case No. Q-93-18394 entitled "Milagros P. agency or any administrative body whatsoever. Salvacion
Morada vs. Saudi Arabia Airlines" is hereby REMANDED to therefore filed this action for declaratory relief in the Supreme
Regional Trial Court of Quezon City, Branch 89 for further Court.
proceedings.
ISSUES:
SO ORDERED. Should Section 113 of Central Bank Circular No. 960 and Section
8 of Republic Act No. 6426, as amended by PD 1246, otherwise
THREE WAYS OF DEALING WITH CONFLICT OF LAWS CASES. known as the Foreign Currency Deposit Act be made applicable
The three ways of dealing with cases involving foreign to a foreign transient?
elements assume that the court of the forum may acquire
jurisdiction over the case, over the subject matter, the HELD:
parties, and the res, for it has jurisdiction to assume or not NO. The provisions of Section 113 of Central Bank Circular No.
to assume. 960 and PD No. 1246, insofar as it amends Section 8 of Republic
Three ways: Act No. 6426, are hereby held to be INAPPLICABLE to this case
1. The court might refuse to hear the cases and dismiss it; because of its peculiar circumstances. Respondents are hereby
— In accordance to the principle of forum non required to comply with the writ of execution issued in the civil
conveniens, the court may be more convenient to case and to release to petitioners the dollar deposit of Bartelli in
have the case tried in another forum, where the such amount as would satisfy the judgment.
more essential elements thereof exist and where it
is more convenient for the parties to litigate Supreme Court ruled that the questioned law makes futile the
therein. favorable judgment and award of damages that Salvacion and
2. The court might decide the case by its own local law; her parents fully deserve. It then proceeded to show that the
and economic basis for the enactment of RA No. 6426 is not anymore
— The Philippines is competent “to take hold of any present; and even if it still exists, the questioned law still denies
judicial matter it sees fit by making its courts and those entitled to due process of law for being unreasonable and
agencies assume jurisdiction over all kinds of cases oppressive. The intention of the law may be good when enacted.
brought before them” in the exercise of its The law failed to anticipate the iniquitous effects producing
sovereign operative. outright injustice and inequality such as the case before us.
3. Special rules might be devised to deal with the case in a
manner designed to promote the smooth function of The SC adopted the comment of the Solicitor General who
argued that the Offshore Banking System and the Foreign
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Currency Deposit System were designed to draw deposits from The consent to the extraterritorial application of a foreign
foreign lenders and investors and, subsequently, to give the law in our country may be expressly given, such as in the
latter protection. However, the foreign currency deposit made form of local law adopting a foreign law.
by a transient or a tourist is not the kind of deposit encouraged The consent may also be by the Philippines’ entering into a
by PD Nos. 1034 and 1035 and given incentives and protection treaty or adhering to an international convention.
by said laws because such depositor stays only for a few days in The consent may also be implied, as in the observance of the
the country and, therefore, will maintain his deposit in the bank principles of comity.
only for a short time. Considering that Bartelli is just a tourist or
a transient, he is not entitled to the protection of Section 113 of CHARACTERIZATION AND POINTS OF CONTACTS OR
Central Bank Circular No. 960 and PD No. 1246 against CONNECTING FACTORS.
attachment, garnishment or other court processes. Characterization or the Doctrine of Qualification:
Further, the SC said: “In fine, the application of the law depends It is the process wherein, before a choice of law is made,
on the extent of its justice. Eventually, if we rule that the it is necessary to determine what category a certain set
questioned Section 113 of Central Bank Circular No. 960 which of facts or rules fall.
exempts from attachment, garnishment, or any other order or It is the process of deciding whether or not the facts
process of any court, legislative body, government agency or any relate to the kind of question specified in a conflicts
administrative body whatsoever, is applicable to a foreign rule.
transient, injustice would result especially to a citizen aggrieved PURPOSE: to enable the court of the forum to select the
by a foreign guest like accused Greg Bartelli. This would negate proper law.
Article 10 of the New Civil Code which provides that “in case of The starting point of analysis is a factual situation, event, or
doubt in the interpretation or application of laws, it is presumed operative fact. An essential element of conflict of rules is the
that the lawmaking body intended right and justice to prevail.” indication of a “test” or “connecting factor” or “point of
contact” which could be any of the following:
___________ 1. The nationality of a person, his domicile, his residence,
NOTES: On February 4, 1989, Greg Bartelli y Northcott, an his place of sojourn, or his origin;
American tourist, coaxed and lured petitioner Karen Salvacion, 2. The seat of a legal or juridical person,
then 12 years old to go with him to his apartment. Therein, Greg 3. The situs of a thing, that is, the place where a thing is or
Bartelli detained Karen Salvacion for four days, or up to February is deemed to be situated.
7, 1989 and was able to rape the child once on February 4, and 4. The place where an act was been done, the locus actus.
three times each day on February 5, 6, and 7, 1989. On February The lex loci actus is particularly important in contracts
7, 1989, after policemen and people living nearby, rescued and torts;
Karen, Greg Bartelli was arrested and detained at the Makati 5. The place where an act is intended to come into effect;
Municipal Jail. The policemen recovered from Bartelli the 6. The intention of the contracting parties as to the law
following items: 1.) Dollar Check No. 368, Control No. that should govern their agreement, the lex loci
021000678-1166111303, US 3,903.20; 2.) COCOBANK Bank Book intentionis;
No. 104-108758-8 (Peso Acct.); 3.) Dollar Account — China 7. The place where judicial or administrative proceedings
Banking Corp., US$/A#54105028-2; 4.) ID-122-30-8877; 5.) are instituted or done. The lex fori — the law of the
Philippine Money (P234.00) cash; 6.) Door Keys 6 pieces; 7.) forum — is particularly important because matters of
Stuffed Doll (Teddy Bear) used in seducing the complainant. procedure not going to the substance of the claim
involved are governed by it; and because the lex fori
applies whenever the content of the otherwise
Chapter II applicable foreign law is excluded from application in a
CHOICE OF LAW given case for the reason that it falls under one of the
exceptions to the applications of foreign law; and
GENERALLY. 8. The flag of the ship, which in many cases is decisive of
As a rule, the choice is between a substantive foreign law practically all legal relationships of the ship and of the
and the substantive local law of the country where the case master or owner of such.
is filed, as it is settled that the procedural steps and
requirements of the law of the latter, relative to the filing CHOICE OF APPLICABLE LAW, GENERALLY.
and enforcement of the cause of action are followed. The choice of law seeks to answer two important questions:
1. What legal system should control a given situation
FOREIGN LAW HAS NO EXTRATERRITORIAL EFFECT; where some of the significant facts occurred in two or
EXCEPTIONS. more states; and
As an admitted international principle, a nation possesses 2. To what extent should the chosen legal system regulate
and exercises within its own territory an absolute and the situation.
exclusive jurisdiction, and that any exception to this right U.S. Restatement of the Law, Second, Conflict of Laws 2d
must be traced to the consent of the nation. suggests the following principles in determining the
applicable law:
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§6. Choice-of-Law Principles. family rights and duties, to the status, condition
(1) A court, subject to constitutional restrictions, will follow and legal capacity of persons, and which follow him
a statutory directive of its own state on choice of law. wherever he may be, in the Philippines or abroad.
(2) When there is no such directive, the factors relevant to Article 16 of the New Civil Code embodies the doctrine of lex
the choice of law of the applicable rule of law include: loci or lex loci rei sitae. It directs that where the property is
(a) The needs the interstate and international systems, situated in the Philippines, then Philippine laws apply to the
(b) The relevant policies of the forum, given case, but where the property is situated in a foreign
(c) The relevant policies of the other interested states country, then the latter’s law applies.
and the relative interests of those states in the The first paragraph of Article 17 of the New Civil Code
determination of the particular issue, embodies the rule of lex loci contractus or the law of the
(d) The protection of justified expectations, place of execution of the contract, wills and other public
(e) The basic policies underlying the particular field of documents and governs the forms and solemnities thereof.
law, Where a party to a contract executed in a country
(f) Certainty, predictability, and uniformity of result, where by its law he has the capacity to enter into such
and contract but does not possess such capacity in the place
(g) Case in the determination and application of the of performance thereof, it has been held that he cannot
law to be applied. plead such lack of capacity to defeat the contract.
The parties may stipulate as to what law should govern in Where the Philippine law is silent on any given case,
case of dispute arising from their contract, in the absence of Philippine courts are not justified to extend the force and
prohibitive law or public policy providing otherwise. effect of foreign law. To do so would be to incorporate into
Section 187 of the U.S. Restatement of the Law, Second, our statutes the foreign law by judicial ruling which is
Conflict of Laws 2d which may have persuasive effect in our beyond the authority of the courts do. Thus, no foreign law
country, reads: may or should interfere with the operation and application
§187. Law of the State Chosen by the Parties. of Philippine laws. There are however exceptions to the rule:
(1) The law of the State chose by the parties to govern their 1. One is when the Philippine legislature, by law, has given
contractual rights and duties will be applied if the its consent to the extension of a specific law to the
particular issue is one which the parties could have Philippines.
resolved by an explicit provision in their agreement 2. When Congress enacts a law adopting or copying a
directed to that issue. specific foreign statute.
(2) The law of the state chosen by the parties to govern 3. Borrowing statute — a statue which directs the court of
their contractual rights and duties will be applied, even the forum to apply the foreign statute to the pending
if the particular issue is one which the parties could not claims based on a foreign law.
have resolved by an explicit provision in their
agreement directed to that issue, unless either: AGREEMENT BY PARTIES; IT CANNOT COVER JURISDICTION.
(a) The chosen state has no substantial relationship to The parties to the contract may stipulate as to the applicable
the parties or the transaction and there is no other foreign law to govern their dispute arising from the contract.
reasonable basis for the parties’ choice, or As a rule, what the parties have stipulated are binding and
(b) Application of the law of the chosen state would be preclude them from applying another law or instituting the
contrary to a fundamental policy of the state which action in a place other than as stipulated.
has materially greater interest that the chosen The choice of law must bear some relationship to the parties
state in the determination of a particular issue and or their transaction, otherwise the agreement as to the law
which, under the rule of §188, would be the state chosen is invalid or it will not be respected in the forum
of the applicable law in the absence of an effective court.
choice of law by the parties. The parties MAY STIPULATE in their agreement as to the
(3) In the absence of a contrary indication of intention, the APPLICABLE LAW and VENUE OF ACTION, in the event of
reference is to the local law of the state of the chosen dispute and litigation arising therefrom, and if there are
law. some minimum contacts with the law of the chosen forum,
Two principles for determining personal law applicable to Philippine courts where the action is filed may refuse to
the person: assume jurisdiction and dismiss the action without prejudice
1. Domiciliary rule — which makes the domicile of the to filing the same in the chosen forum.
person as the determining factor (followed by Anglo-
American countries). Hongkong and Shanghai Banking Corp. v Sheman
2. Nationality rule — which makes the citizenship or 176 SCRA 331, 338; 1989
nationality of the person as the basis for determining his
personal law (followed by the Philippines). FACTS:
The provision adopts nationality or citizenship as It appears that sometime in 1981, Eastern Book Supply Service
the basis for determining the personal laws of an PTE, Ltd. (COMPANY), a company incorporated in Singapore
individual, which are Philippine laws relating to applied with and was granted by HSBC Singapore branch an
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overdraft facility in the maximum amount of Singapore dollars Anent the claim that Davao City had been stipulated as the
200,000 with interest at 3% over HSBC prime rate, payable venue, suffice it to say that a stipulation as to venue does not
monthly, on amounts due under said overdraft facility. preclude the filing of suits in the residence of plaintiff or
defendant under Section 2 (b), Rule 4, ROC, in the absence of
As a security for the repayment by the COMPANY of sums qualifying or restrictive words in the agreement which would
advanced by HSBC to it through the aforesaid overdraft facility, indicate that the place named is the only venue agreed upon by
in 1982, both private respondents and a certain Lowe, all of the parties.
whom were directors of the COMPANY at such time, executed a
Joint and Several Guarantee in favor of HSBC whereby private Applying the foregoing to the case at bar, the parties did not
respondents and Lowe agreed to pay, jointly and severally, on thereby stipulate that only the courts of Singapore, to the
demand all sums owed by the COMPANY to petitioner BANK exclusion of all the rest, has jurisdiction. Neither did the clause in
under the aforestated overdraft facility. question operate to divest Philippine courts of jurisdiction. In
International Law, jurisdiction is often defined as the light of a
The Joint and Several Guarantee provides, inter alia, that: State to exercise authority over persons and things within its
This guarantee and all rights, obligations and liabilities arising boundaries subject to certain exceptions. Thus, a State does not
hereunder shall be construed and determined under and may be assume jurisdiction over travelling sovereigns, ambassadors and
enforced in accordance with the laws of the Republic of diplomatic representatives of other States, and foreign military
Singapore. We hereby agree that the Courts of Singapore shall units stationed in or marching through State territory with the
have jurisdiction over all disputes arising under this guarantee. … permission of the latter’s authorities. This authority, which finds
The COMPANY failed to pay its obligation. Thus, HSBC demanded its source in the concept of sovereignty, is exclusive within and
payment and inasmuch as the private respondents still failed to throughout the domain of the State. A State is competent to take
pay, HSBC filed A complaint for collection of a sum of money hold of any judicial matter it sees fit by making its courts and
against private respondents Sherman and Reloj before RTC of agencies assume jurisdiction over all kinds of cases brought
Quezon City. before them
Private respondents filed an MTD on the ground of lack of NOTES: The respondent IAC likewise ruled that: In a conflict
jurisdiction over the subject matter. The trial court denied the problem, a court will simply refuse to entertain the case if it is
motion. They then filed before the respondent IAC a petition for not authorized by law to exercise jurisdiction. And even if it is so
prohibition with preliminary injunction and/or prayer for a authorized, it may still refuse to entertain the case by applying
restraining order. The IAC rendered a decision enjoining the RTC the principle of forum non conveniens.
Quezon City from taking further cognizance of the case and to
dismiss the same for filing with the proper court of Singapore However, whether a suit should be entertained or dismissed on
which is the proper forum. MR denied, hence this petition. the basis of the principle of forum non conveniens depends
largely upon the facts of the particular case and is addressed to
ISSUES: the sound discretion of the trial court. Thus, the IAC should not
Do Philippine courts have jurisdiction over the suit, vis-a-vis the have relied on such principle.
Guarantee stipulation regarding jurisdiction?
WHERE THERE IS NO AGREEMENT AS TO APPLICABLE LAW.
HELD: In the absence of effective choice of law by the parties,
YES. One basic principle underlies all rules of jurisdiction in Section 188 of the U.S. Restatement of Law, Second, Conflict
International Law: a State does not have jurisdiction in the of Laws 2d may be of persuasive effect. It reads:
absence of some reasonable basis for exercising it, whether the §188. Law Governing in Absence of Effective Choice by the
proceedings are in rem quasi in rem or in personam. To be Parties:
reasonable, the jurisdiction must be based on some minimum (1) The rights and duties of the parties with respect to an
contacts that will not offend traditional notions of fair play and issue in contract are determined by the local law of the
substantial justice. The defense of private respondents that the state which, with respect to that issue, has the most
complaint should have been filed in Singapore is based merely significant relationship to the transaction and the
on technicality. They did not even claim, much less prove, that parties under the principle stated in §6.
the filing of the action here will cause them any unnecessary (2) In the absence of an effective choice of law by the
trouble, damage, or expense. On the other hand, there is no parties, the contacts to be taken into account in
showing that petitioner BANK filed the action here just to harass applying the principles of $6 to determine the law
private respondents. applicable to an issue include:
(a) The place of contracting,
** (b) The place of negotiation of the contract;
In the case of Neville Y. Lamis Ents., et al. v. Lagamon, etc., where (c) The place of performance;
the stipulation was “[i]n case of litigation, jurisdiction shall be (d) The location of the subject matter of the contract;
vested in the Court of Davao City.” We held: and
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Agpalo Notes: Conflict of Laws | Prepared by Terence L. Valdehueza | 2016 • Bukidnon State University ─ College of Law
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workers for overseas employment on behalf of its foreign and by a minimum off fifty per centurn thereof for hours worked
principals. during the night which shall be deemed to being from seven
o’clock in the evening until seven o’clock in the morning .”
The amended complaint sought the payment of the unexpired
portion of the employment contracts, which was terminated Art. 80: Friday shall be deemed to be a weekly day of rest on full
prematurely, and secondarily, the payment of the interest of the pay.
earnings of the Travel and Reserved Fund; interest on all the
unpaid benefits; area wage and salary differential pay; fringe If employee worked, 150% of his normal wage shall be paid to
benefits; reimbursement of SSS and premium not remitted to the him x x x.”
SSS; refund of withholding tax not remitted to the BIR; penalties
for committing prohibited practices; as well as the suspension of Art. 81; x x x When conditions of work require the worker to work
the license of AIBC and the accreditation of BRII. on any official holiday, he shall be paid an additional sum
equivalent to 150% of his normal wage.”
On October 2, 1984, the POEA Administrator denied the “Motion
to Strike Out of the Records” filed by AIBC but required the Art. 84: Every worker who has completed one year’s continuous
claimants to correct the deficiencies in the complaint pointed service with his employer shall be entitled to Laos on full pay for
out. a period of not less than 21 days for each year increased to a
period not less than 28 days after five continuous years of
AIB and BRII kept on filing Motion for Extension of Time to file service.”
their answer. The POEA kept on granting such motions.
A worker shall be entitled to such leave upon a quantum meruit
On November 14, 1984, claimants filed an opposition to the in respect of the proportion of his service in that year.”
motions for extension of time and asked that AIBC and BRII
declared in default for failure to file their answers. Art. 107: A contract of employment made for a period of
On December 27, 1984, the POEA Administrator issued an order indefinite duration may be terminated by either party thereto
directing AIBC and BRII to file their answers within ten days from after giving the other party prior notice before such termination,
receipt of the order. in writing, in respect of monthly paid workers and fifteen days’
notice in respect of other workers. The party terminating a
(at madami pang motions ang na-file, new complainants joined contract without the required notice shall pay to the other party
the case, ang daming inavail na remedies ng both parties) compensation equivalent to the amount of wages payable to the
worker for the period of such notice or the unexpired portion
On June 19, 1987, AIBC finally submitted its answer to the thereof.”
complaint. At the same hearing, the parties were given a period
of 15 days from said date within which to submit their respective Art. Ill: x x x the employer concerned shall pay to such worker,
position papers. On February 24, 1988, AIBC and BRII submitted upon termination of employment, a leaving indemnity for the
position paper. On October 27, 1988, AIBC and BRII filed a period of his employment calculated on the basis of fifteen days’
“Consolidated Reply,” POEA Adminitartor rendered his decision wages for each year of the first three years of service and of one
which awarded the amount of $824, 652.44 in favor of only 324 month’s wages for each year of service thereafter. Such worker
complainants. Claimants submitted their “Appeal Memorandum shall be entitled to payment of leaving indemnity upon a
For Partial Appeal” from the decision of the POEA. AIBC also filed quantum meruit in proportion to the period of his service
its MR and/or appeal in addition to the “Notice of Appeal” filed completed within a year.”
earlier.
ISSUES:
NLRC promulgated its Resolution, modifying the decision of the 1. Whether or not the foreign law should govern or the
POEA. The resolution removed some of the benefits awarded in contract of the parties.( Whether or not the complainants
favor of the claimants. NLRC denied all the MRs. Hence, these who have worked in Bahrain are entitled to the above-
petitions filed by the claimants and by AlBC and BRII. mentioned benefits provided by Amiri Decree No. 23 of
Bahrain).
The case rooted from the Labor Law enacted by Bahrain where 2. Whether or not the Bahrain Law should apply in the case.
most of the complainants were deployed. His Majesty Ise Bin 3. Whether or not the instant cases qualify as; a class suit.
Selman Al Kaifa, Amir of Bahrain, issued his Amiri Decree No. 23
on June 16, 1176, otherwise known re the Labour Law for the HELD:
Private Sector. Some of the provision of Amiri Decree No. 23 that 1. NLRC set aside Section 1, Rule 129 of the 1989 Revised Rules
are relevant to the claims of the complainants-appellants are as on Evidence governing the pleading and proof of a foreign
follows: law and admitted in evidence a simple copy of the Bahrain’s
“Art. 79: x x x A worker shall receive payment for each extra hour Amiri Decree No. 23 of 1976 (Labour Law for the Private
equivalent to his wage entitlement increased by a minimum of Sector).
twenty-rive per centurn thereof for hours worked during the day;
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NLRC applied the Amiri Deere, No. 23 of 1976, which of law must, however, bear some relationship the parties or
provides for greater benefits than those stipulated in the their transaction. There is no question that the contracts
overseas-employment contracts of the claimants. It was of sought to be enforced by claimants have a direct connection
the belief that where the laws of the host country are more with the Bahrain law because the services were rendered in
favorable and beneficial to the workers, then the laws of the that country.
host country shall form part of the overseas employment 2. NLRC ruled that the prescriptive period for the filing of the
contract. It approved the observation of the POEA claims of the complainants was 3 years, as provided in
Administrator that in labor proceedings, all doubts in the Article 291 of the Labor Code of the Philippines, and not ten
implementation of the provisions of the Labor Code and its years as provided in Article 1144 of the Civil Code of the
implementing regulations shall be resolved in favor of labor. Philippines nor one year as provided in the Amiri Decree No.
23 of 1976.
The overseas-employment contracts, which were prepared Article 156 of the Amiri Decree No. 23 of 1976 provides:
by AIBC and BRII themselves, provided that the laws of the “A claim arising out of a contract of employment shall not
host country became applicable to said contracts if they actionable after the lapse of one year from the date of the
offer terms and conditions more favorable than those expiry of the Contract”.
stipulated therein. However there was a part of the
employment contract which provides that the As a general rule, a foreign procedural law will not be applied
compensation of the employee may be “adjusted downward in the forum (local court), Procedural matters, such as
so that the total computation plus the non-waivable benefits service of process, joinder of actions, period and requisites
shall be equivalent to the compensation” therein agree,’ for appeal, and so forth, are governed by the laws of the
another part of the same provision categorically states “that forum. This is true even if the action is based upon a foreign
total remuneration and benefits do not fall below that of the substantive law.
host country regulation and custom.”
A law on prescription of actions is sui generis in Conflict of
Any ambiguity in the overseas-employment contracts Laws in the sense that it may be viewed either as procedural
should be interpreted against AIBC and BRII, the parties that or substantive, depending on the characterization given
drafted it. Article 1377 of the Civil Code of the Philippines such a law. In Bournias v. Atlantic Maritime Company (220 F.
provides: 2d. 152, 2d Cir. [1955]), where the issue was the applicability
‘The interpretation of obscure words or stipulations in a of the Panama Labor Code in a case filed in the State of New
contract shall not favor the party who caused the obscurity.” York for claims arising from said Code, the claims would have
prescribed under the Panamanian Law but not under the
Said rule of interpretation is applicable to contracts of Statute of Limitations of New York. The U.S. Circuit Court of
adhesion where there is already a prepared form containing Appeals held that the Panamanian Law was procedural as it
the stipulations of the employment contract and the was not “specifically intended to be substantive,” hence, the
employees merely “take it or leave it.” The presumption is prescriptive period provided in the law of the forum should
that there was an imposition by one party against the other apply. The Court observed: “. . . we are dealing with a statute
and that the employees signed the contracts out of necessity of limitations of a foreign country, and it is not clear on the
that reduced their bargaining power. face of the statute that its purpose was to limit the
We read the overseas employment contracts in question as enforceability, outside as well as within the foreign country
adopting the provisions of the Amiri Decree No. 23 of 1976 concerned, of the substantive rights to which the statute
as part and parcel thereof. The parties to a contract may pertains. We think that as a yardstick for determining
select the law by which it is to be governed. In such a case, whether that was the purpose, this test is the most
the foreign law is adopted as a “system” to regulate the satisfactory one.
relations of the parties, including questions of their capacity
to enter into the contract, the formalities to be observed by The Court further noted: “Applying that test here it appears
them, matters of performance, and so forth. Instead of to us that the libellant is entitled to succeed, for the
adopting the entire mass of the foreign law, the parties may respondents have failed to satisfy us that the Panamanian
just agree that specific provisions of a foreign statute shall period of limitation in question was specifically aimed
be deemed incorporated into their contract “as a set of against the particular rights which the libellant seeks to
terms.” By such reference to the provisions of the foreign enforce. The Panama Labor Code is a statute having broad
law, the contract does not become a foreign contract to be objectives.” The American court applied the statute of
governed by the foreign law. The said law does not operate limitations of New York, instead of the Panamanian law,
as a statute but as a set of contractual terms deemed written after finding that there was no showing that the Panamanian
in the contract. law on prescription was intended to be substantive. Being
considered merely a procedural law even in Panama, it has
A basic policy of contract is to protect the expectation of the to give way to the law of the forum (local Court) on
parties. Such party expectation is protected by giving effect prescription of actions.
to the parties’ own choice of the applicable law. The choice
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However the characterization of a statute into a procedural In this case, the claim for pay differentials is primarily
or substantive law becomes irrelevant when the country of anchored on the written contracts between the litigants, the
the forum (local Court) has a “borrowing statute.” Said ten-year prescriptive period provided by Art. 1144(l) of the
statute has the practical effect of treating the foreign statute New Civil Code should govern.
of limitation as one of substance. A “borrowing statute” 3. NO. A class suit is proper where the subject matter of the
directs the state of the forum (local Court) to apply the controversy is one of common or general interest to many
foreign statute of limitations to the pending claims based on and the parties are so numerous that it is impracticable to
a foreign law. While there are several kinds of “borrowing bring them all before the court. When all the claims are for
statutes,” one form provides that an action barred by the benefits granted under the Bahrain law many of the
laws of the place where it accrued will not be enforced in the claimants worked outside Bahrain. Some of the claimants
forum even though the local statute was not run against it. were deployed in Indonesia under different terms and
condition of employment.
Section 48 of Code of Civil Procedure is of this kind. It
provides: “If by the laws of the state or country where the Inasmuch as the First requirement of a class suit is not
cause of action arose, the action is barred, it is also barred in present (common or general interest based on the Amiri
the Philippine Islands.” Decree of the State of Bahrain), it is only logical that only
those who worked in Bahrain shall be entitled to rile their
Section 48 has not been repealed or amended by the Civil claims in a class suit.
Code of the Philippines. In the light of the 1987 Constitution,
however, Section 48 cannot be enforced ex proprio vigore While there are common defendants (AIBC and BRII) and the
insofar as it ordains the application in this jurisdiction of nature of the claims is the same (for employee’s benefits),
Section 156 of the Amiri Decree No. 23 of 1976. there is no common question of law or fact. While some
claims are based on the Amiri Law of Bahrain, many of the
The courts of the forum (local Court) will not enforce any claimants never worked in that country, but were deployed
foreign claim obnoxious to the forum’s public policy. To elsewhere. Thus, each claimant is interested only in his own
enforce the one-year prescriptive period of the Amiri Decree demand and not in the claims of the other employees of
No. 23 of 1976 as regards the claims in question would defendants. A claimant has no concern in protecting the
contravene the public policy on the protection to labor. interests of the other claimants as shown by the fact, that
hundreds of them have abandoned their co-claimants and
In the Declaration of Principles and State Policies, the 1987 have entered into separate compromise settlements of their
Constitution emphasized that:“The state shall promote respective claims. The claimants who worked in Bahrain
social justice in all phases of national development” (Sec. cannot be allowed to sue in a class suit in a judicial
10). proceeding.
‘The state affirms labor as a primary social economic force.
It shall protect the rights of workers and promote their WHEREFORE, all the three petitioners are DISMISSED.
welfare” (Sec. 18).
EXCEPTIONS TO APPLICATION OF FOREIGN LAW.
In Article XIII on Social Justice and Human Rights, the 1987 A foreign law may be given territorial effect and application
Constitution provides: in the resolution of a case involving foreign elements, filed
“Sec. 3. The State shall afford full protection to labor, local in the country, because:
and overseas, organized and unorganized, and promote full 1. Local law directs that it be applied in a given case;
employment and equality of employment opportunities for 2. The parties have stipulated that a specific foreign law be
all.” applied to govern in case of dispute arising from their
contract;
Thus, the applicable law on prescription is the Philippine law. 3. A treaty or convention to which the country has
adhered requires that a foreign law be applied; or
The next question is whether the prescriptive period 4. The rules of conflict of laws point to the application of a
governing the filing of the claims is 3 years, as provided by foreign law.
the Labor Code or 10 years, as provided by the Civil Code of Exceptions to the rule:
the Philippines. 1. A foreign law will not be applied if it contravenes
prohibitive law or public policy of the forum.
Article 1144 of the Civil Code of the Philippines provides: 2. The agreement stipulating the specific law as the
“The following actions must be brought within ten years applicable law may not be enforced when the
from the time the right of action accross: (1) Upon a written relationship of the contracting parties affects public
contract; (2) Upon anobligation created by law; (3) Upon a interest in the country of one of the parties, or the
judgment” substantial contacts arising therefrom point to the law
of another country as applicable law, or such agreement
contravenes the prohibitive law or the public policy of
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the forum. Where the local law or the international Public documents are generally irremovable from where
convention to which the country adhered specifies the they are official kept. For this reason, public documents to
applicable law, any agreement between the parties be used as evidence may be evidenced by any of the
stipulating a different law as the applicable law is invalid following:
or will not be respected. 1. By any official publication thereof; or
3. The situs of the real property is fixed and irremovable, 2. By certified true copy or one attested by the officer
which is the place where it is situated. On the other having the legal custody of the record, or by his deputy,
hand, personal property may be transferred or removed and accompanied, if not kept in the Philippines, with a
from one country to another by its owner, except certificate that such officer has custody.
certain personal property which the law considers it as 3. If the office in which the record is kept in a foreign
having a fixed situs. In view of Article 16 of the Civil country, a copy of the document should have a
Code, any foreign law sought to be applied in a conflict certificate made by a secretary of the embassy or
of laws case in the country contrary thereto may not be legation, consul general, consul, vice consul, or consular
enforced. agent or by any officer in the foreign service of the
4. Where a foreign law, foreign judgment or contract is Philippines stationed in the foreign country in which the
contrary to a sound and established public policy of the record is kept, and authenticated by the seal of his
forum, the said foreign law, judgment or contract shall office.
not be applied. To be admissible in evidence, copy of the foreign law must
5. Even when a foreign law is the applicable law in a given comply with the following requirements:
conflict of law case, its application is limited only to 1. An official publication containing the foreign law must
substantive law which is the basis of the cause of action, be submitted;
and does not extend to procedural law. 2. If no official publication can be submitted, the copy of
The test is whether the rule really regulates the foreign law must be attested by the officer having
procedure, that is, the judicial process for enforcing legal custody of the records or by his deputy; and the
really regulates and duties recognized by same must be accompanied by a certificate of a
substantive law and for justly administering secretary of embassy or legation, consul general,
remedy and redress for a disregard or infraction consul, vice consular or consular agent or foreign
thereof. service officer of the Philippines, with the seal of the
The parties cannot, by entering into an agreement, office and duly ribboned.
change the procedure prescribed by the law of the
forum. EXCEPTIONS TO NON-JUDICIAL COGNIZANCE OF FOREIGN
6. Foreign penal laws have no extraterritorial application LAWS.
in the Philippines. As a rule, penal laws of one country The general rule is that Philippine courts are not authorized
are obligatory only within its jurisdiction. to take judicial notice of foreign laws, except:
1. Where there are exceptional circumstances when the
PROOF AND AUTHENTICATION OF FOREIGN LAWS; OF foreign laws are already within the actual knowledge of
DOCUMENTS. the court;
When a party involves a foreign law as basis for his cause of 2. Where the courts are familiar with the specific foreign
action or defense, or when he relies on foreign document to laws;
support his claim or defense, and such law or judgment is 3. When a foreign law, such as that of the Nevada law, was
not contrary to local law or public policy, he has to allege and proved in accordance with the Section 24 and 25 of Rule
prove the same, as any other fact. His failure to do so may 132 of the Rules of Court and introduced as evidence in
give rise to the presumption that the foreign law is similar to the probate of the will of a citizen of Nevada, such
Philippine law on the matter, or in the case of foreign circumstances justified the Court to take judicial notice
document, the same will not be admissible in evidence. of said foreign law in another case involving the
Where there is conflict between foreign law upon which the partition of the estate or the decedent, even though the
cause of action or defense is founded, one hand, and local provisions of said law were not presented in the form
law of the forum under which no valid cause of action or and manner provided by the Rules of Court, where the
defense may accrue, on the other hand, the latter prevails adverse party did not dispute the quoted provisions of
and will result in the dismissal of the action or the rejection the said law of Nevada.
of the defense. 4. Specialized quasi-judicial agencies may take judicial
Foreign laws do not prove themselves in the country, nor notice of foreign law, even if the foreign law has not
can the courts take judicial notice of them. Like any other been alleged and proved because the general rule
fact, they must be alleged and proved. applies only to cases filed in courts and not to cases
The general rule is that foreign documents, before they can before administrative or quasi-judicial bodies which, by
be admitted in evidence in our courts, must be duly reason of their mandated functions, have become
authenticated. familiar with the applicable foreign laws.
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person is simultaneously considered a national by the said DISCUSSION FOR #7: This provision defers to the
states. foreign law the determination of her citizenship.
Considering the citizenship clause of the Constitution, it is She will automatically lose her citizenship if the law
possible for the following class of citizens to possess dual of the country of her husband she acquires, by her
citizenship: marriage, his citizenship, or she remains a Filipino
1. Those born of Filipino fathers and/or mothers in foreign citizen if the foreign law is silent on the matter.
countries which follow the principle of jus soli; Section 4 of Article IV of the Constitution changed
2. Those born in the Philippines of Filipino mothers and the rule and ordained that a citizen, whether male
alien fathers if by the laws of their fathers’ country such or female, who marries an alien retains his/her
children are citizens of that country; and citizenship, entirely living up to him/her whether
3. Those who marry aliens if by the laws of the latter’s he/she desires to lose his/her citizenship by his/her
country the former are considered citizens, unless by act or omission he/she is deemed, under the law,
their act or omission they are deemed to have to have renounced it.
renounced Philippine citizenship. The fact that a Philippine citizen with dual citizenship
Republic Act 9225 covers only natural-born Filipino citizens resulting from the simultaneous application of jus soli and
and not naturalized citizens. jus sanguinis holds a foreign passport and having himself
Naturalized citizens cannot have dual citizenship, one as listed as a foreigner in the Bureau of Immigration nor result
citizen of his country of origin and another as naturalized in the loss of his citizenship, for possessing such passport or
citizen of the Philippines, which is inimical to the national having himself listed as a foreigner is merely an assertion of
interest. his other citizenship and not a renunciation of his Filipino
Under the Naturalization Law, an alien whose petition for citizenship.
naturalization has been granted, is required to take oath What Commonwealth Act 63 requires to lose one’s
renouncing his allegiance and fidelity to the state of which citizenship in favor of the other is through express
he was a subject or citizen. The purpose is to prevent dual renunciation.
allegiance to two distinct jurisdictions.
The dual citizenship is retained, under Republic Act 9225, RE-ACQUISITION OF FILIPINO CITIZENSHIP.
except when he files a certificate of candidacy for an elective A Filipino woman or a natural born citizen who lost his/her
position which requires that he renounce under oath his citizenship may require it by (as enumerated by
allegiance to any foreign country; or when he accepts an Commonwealth Act 63):
appointive position which requires renunciation of 1. Direct act of Congress;
allegiance to any foreign country before he takes his oath of 2. Naturalization; or
office. 3. Administrative repatriation.
Dual allegiance refers to the situation in which a person Repatriation results in the recovery of the original
simultaneously owes, by some positive act, loyalty to two or nationality. If he was originally a natural-born citizen before
more states. Dual citizenship is involuntary, while dual he lost his Filipino citizenship, he will be restored to his
allegiance is the result of an individual’s volition. Section 5 former status as a natural-born Filipino.
of Article V of the Constitution considers dual allegiance of To be naturalized, an applicant has to prove that he
citizens as inimical to the national interest. possesses all the qualifications and none of the
disqualification provided by law to become a Filipino citizen.
LOSS OF CITIZENSHIP. The decision granting Philippine citizenship becomes
Pursuant to Commonwealth Act 63, a Filipino citizen may executory only after two years from its promulgation when
lose his citizenship in any of the following acts: the court is satisfied that during the intervening period, the
1. By naturalization in a foreign country; applicant has:
2. By express renunciation of citizenship; 1. Not left the Philippines;
3. By subscribing to an oath of allegation to support the 2. Has dedicated himself to a lawful calling or profession;
constitution or laws of a foreign country upon attaining 3. Has not been convicted of any offense or violation of
the age of 21 years of age or more; Government promulgated rules;
4. By accepting commission in the military, naval or air 4. Committed any act prejudicial to national interest or
service of a foreign country; contrary to any Government announced policies.
5. By cancellation of certificate of naturalization; Naturalization is a mode of both acquisition and
6. By having been declared by competent authority, a reacquisition of Philippine citizenship.
deserter of the Philippine armed forces in times of war, a. AS A MODE OF ACQUISITION: Governed by
unless subsequently a plenary pardon or amnesty has Commonwealth Act 473, as amended.
been granted; b. AS A MODE OF REACQUISITION: It is governed by
7. In case of a woman, upon her marriage to a foreigner if, Commonwealth Act 63.
by virtue of the laws in force in her husband’s country, Repatriation may be had under various statutes by those
she acquires his nationality. who lost their citizenship due to:
1. Desertion of the armed forces;
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