Conflict of Laws (Private International Law) (1990, 1991, 1992, 1993, 1995,

1996, 1997, 1998, 1999, 2001, 2002, 2003, 2004, 2005, 2007, 2009, 2014 Bar)

Q:

1.If a will is executed by a testator who is a Filipino citizen, what law will govern
if the will is executed in the Philippines? What law will govern if the will is
executed in another country? Explain your answers.

2.If a will is executed by a foreigner, for instance, by a Japanese, residing in the

Philippines, what law will govern if the will is executed in the Philippines?
And what law will govern if the will is executed in Japan, or some other
country, for instance, the USA? Explain your answers. (1990 Bar)

A:

1.a. If the testator who is a Filipino citizen executes his will in the Philippines,
Philippine law will govern the formalities. b. If said Filipino testator is a
foreigner executes his will in another country, the law of the country
where he may be or Philippine law will govern the formalities (Article
815, Civil Code).

2.a. If the testator is a foreigner residing in the Philippines and he executes

his will in the Philippines, the law of the country of which he is a citizen
or Philippine law will govern the formalities. b. If the testator is a
foreigner and executes his will in a foreign country, the law of his place
of residence or the law of the country of which he is a citizen or the law
of the place of execution, or Philippine law will govern the formalities
(Articles 17, 816, 817, Civil Code).

Q: Jacob, a Swiss national, married Lourdes, a Filipina, in Berne, Switzerland.

Three years later, the couple decided to reside in the Philippines. Jacob
subsequently acquired several properties in the Philippines with the money he
inherited from his parents. Forty years later, Jacob died intestate, and is survived
by several legitimate children and duly recognized illegitimate daughter Jane, all
residing in the Philippines.

a. Suppose that Swiss law does not allow illegitimate children to inherit, can Jane,
who is a recognized illegitimate child, inherit part of the properties of Jacob
under Philippine law?

b.Assuming that Jacob executed a will leaving certain properties to Jane as her
legitime in accordance with the law of succession in the Philippines, will
such testamentary disposition be valid? (1991 Bar)
A:

a. Yes. As stated in the problem, Swiss law does not allow illegitimate children
to inherit. Hence, Jane cannot inherit the property of Jacob under
Philippine law.

b.The testamentary disposition will not be valid if it would contravene Swiss

law; otherwise, the disposition would be valid. Unless the Swiss law is
proved, it would be presumed to be the same as that of Philippine law
under the doctrine of processual presumption.

Q:

A. The Japan Air Lines (JAL), a foreign corporation licensed to do business in

the Philippines, executed in Manila a contract of employment with Maritess
Guapa under which the latter was hired as a stewardess on the aircraft
plying the Manila-Japan-Manila route. The contract specifically provides
that (1) the duration of the contract shall be two (2) years, (2)
notwithstanding the above duration, JAL may terminate the agreement at
any time by giving her notice in writing ten (10) days in advance, and (3)
the contract shall be constued as governed under and by the laws of Japan
and only the court in Tokyo, Japan shall have the jurisdiction to consider
any matter arising from or relating to the contract. JAL dismissed Maritess
on the fourth month of her employment without giving her due notice.
Maritess then filed a complaint with the Labor Arbiter for reinstatement,
backwages and damages. The lawyer of JAL contends that neither the
Labor Arbiter nor any other agency or court in the Philippines has
jurisdiction over the case in view of the above provision (3) of the contract
which Maritess voluntarily signed. The contract is the law between her and
JAL. Decide the issue.

B. Where under a State’s own conflicts rule that domestic law of another State
should apply, may the courts of the former nevertheless refuse to apply the
latter? If so, under what circumstance?

3.Labor Legislations are generally intended as expressions of public policy on

employer-employee relations. The contract therefore, between JAL and
Maritess may apply only to the extent that its provisions are not
inconsistent with Philippine labor laws intended particularly to protect
employees. Under the circumstances, the dismissal of Maritess without
complying with Philppine Labor law would be invalid and any
stipulation iun the contract to the contrary is considered void. Since the
law of the forum in this case is the Philippine law, the issues should be
 resolved in accordance with Philippine law.

4.The third paragraph of Art. 17 of the Civil Code provides that: “Prohibitive
laws concerning persons, their acts or property, and those which have
for their object public order, public policy and good customs shall not
be rendered ineffective by laws or judgments promulgated, or by
determinations or conventions agreed upon in a foreign country.”
Accordingly, a state’s own conflict of laws rule may, exceptionally be
inapplicable, given public policy considerations by the law of the
forum. Going into the specific provisions of the contract in question, I
would rule as follows:

3.The duration of the contract is not opposed to Philippine law and it can
therefore be valid as stipulated

4.The second provision to the effect that notwithstanding duration, JAL may
terminate her employment is invalid being inconsistent with our Labor
laws;

5.That the contract shall be construed as governed under and by the laws of
Japan andvonly the courts of Tokyo, Japan shall have jurisdiction, is
invalid as clearly opposed to the aforcited third paragraph of Arts. 17
and 1700 of the Civil Code which provides: “Art. 1700. The relations
between capital and labor are not merele contractual. They are so
impressed with public interest that labor contracts must yield to the
common good. Therefore, such contracts are subject to the special laws
on labor unions, collective bargaining, strikes and lockouts, closed
shop, wages, working conditions, hours of labor and similar subjects.”