Conflicts of Law

Course Outline
A.Y. 2020 – 2021

Reference material: any book on the subject

I. Concept of Conflict of Law

a. Definition
b. Distinction between Conflicts of Law and Public International
Law
c. Concept of Foreign Element
d. Basic legal terms, i.e., lex situs; lex loci celebrationis; lex loci
contractus; lex loci domicilli; lex loci rei sitae

Saudi Arabian Airlines v. CA GR # 122191 October 8, 1988

II. Judicial Resolution of Conflicts Problem

a. Jurisdiction
1. Jurisdiction over parties (plaintiff & defendant)
2. Jurisdiction over Subject Matter
3. Jurisdiction over Res
b. Choice of Law
c. Renvoi Theory
1. Concept of Renvoi
2. Two Notions of the Renvoi Theory

1. Hasegawa v. Kitamura GR # 149177 November 23, 2007

2. Raytheon International v. Rouxie, Jr. GR # 162894
February 26, 2008
3. Cezar v. Ricafort-Bautista GR # 136415 October 31, 2006
4. Lucas v. Lucas GR # 190710 June 6, 2011

III. Cause of Action Available to Forum in Case of Conflict of Law

a. Philippines Court has jurisdiction
b. Principle of Forum non-coveniens
c. Assumption of jurisdiction and application of law of forum
d. Assumption of jurisdiction and application of foreign law
 1. Theory of Comity
2. Theory of Vested or Acquired Rights
3. Theory of Local Laws

IV. Recognition and Enforcement of Foreign Judgments -

Application of Foreign Law
a. Treatment of Foreign Judgment
b. Treatment in the Philippines of Foreign Judgment
 distinction between action in rem and action in personam
c. Procedural Consideration
1. necessity of action
2. defense against enforcement of foreign judgment

1. Phil. Aluminum Wheels v. FASGI Enterprise GR # 137378

October 12, 2000
2. Asiavest Merchant Bank v. CA GR # 110263 July 20, 2001

V. Conflict Rules on Status and Capacity (Personal Law)

a. Theories on Personal Laws
b. Philippine Conflict Rules Applying Nationality Principle
1. Status and Capacity -Art. 15 Civil Code
1.1 validity of divorce obtained abroad
1.2 capacity to contract marriage
1.3 capacity to contract
1.4 dual citizenship
1.4.1 theory of effective nationality
2. Succession

c. Application of the Situs or Ecletic Theory

1. Bengzon III v. HRET GR # 142840 May 7, 2001
2. Garcia v. Recio 366 S 437 (2001)
3. Republic v. Orbecido III 472 S 114 (2005)
4. Vales v. COMELEC GR # 137000 August 9, 2000
5. Yao v. Comm. Of Immigration GR # L-21289 October 4,
1971

VI. Conflict Rules on Marriage

a. Marriage of Filipinos celebrated abroad
 b. Marriage between Foreigners celebrated abroad
c. Marriage between Foreigners celebrated in the Philippines
1. Change of nationality
d. Property Relations of the Spouse
e. Annulment and Declaration of Nullity of Marriage

VII. Conflict Rules on Paternity, Filiation and Adoption

a. Paternity and Filiation
1. Issue determining legitimacy or illegitimacy of child
2. Issue of Rights and Duties between Parent and Child
3. Doctrine of Immutability of Status

b. Adoption
1. Procedure for adoption
2. Recognition of Foreign Degree of Adoption

VIII. Conflict Rules on Property

a. Art. 16 of the Civil Code
b. Exceptions to doctrine of lex sitae
c. Rules with Respect to Specific Personal Property
1. Vessels
2. Goods in Transit
3. Shares of Stocks of Corporations

IX. Conflict Rules on Succession and Administration of Estate of

Deceased
a. Extrinsic Validity of Wills
1. Wills of Filipinos Executed Abroad
2. Wills of Alien Executed Abroad
3. Wills of Aliens Executed in the Philippines
b. Intrinsic Validity of Wills
c. Capacity to Succeed
d. Revocation of Wills
e. Probate
f. Administration of Estate

San Luis v. San Luis GR # 133743 February 6, 2007

X. Conflict Rules on Contracts

a. Capacity to Contract
 b. Extrinsic Validity
c. Intrinsic Validity
d. Conflict Rules in Specific Contracts

XI. Conflict Rules on Torts and Damages

a. Theories in determining locus delicti
b. State of the most significant relationship rule

XII. Conflict Rules in Crimes

a. Various theories
b. Crimes committed on board a vessel