Joel Talledo Eluna

CONFLICT OF LAWS

I.  Discuss the essential elements of a conflicts case.

The essential elements of a conflict case are the factual situation or the set of
facts or situation presenting a conflicts problem because there is a foreign element
involved and the point of contact or connecting factor, which is the law of the country
with which the factual situation is most intimately connected. This essential must clearly
be identified in order to properly resolve the conflict case. The first element states
certain operative facts while the second element determined the legal consequences to
resolve the conflict case.

II. How is Conflict of Laws different from Public International Law?

Conflict of laws is not part of international law. Although it is sometimes thought of as

part of international law because of the presence of a foreign element in a given
problem, it is not international law in character but is part of the municipal law of each
state. By municipal law in Conflict of Laws is meant the internal or local law of each
state.

III. Is Conflict of Laws still relevant to the present times?

Yes, Conflict of laws still relevant.

With the fast advance of modern technology in the means of communication

between and among states, the rapid growth and expansion of international trade and
commerce, the influx of tourists arid foreign traders to our country as well as the
massive migration of our countrymen to work and live in foreign shores, the great
increase of business transactions of foreign corporation in the Philippines, all these
bring about many and varied problems in Conflict of laws. Hence, there is a necessity
study conflict of laws as an important part of our judiciary.

IV. How do courts deal with a potential conflicts case?

1. First, determine whether the court has jurisdiction over the case.
- If it has no jurisdiction, the case should be dismissed
- If it has jurisdiction, the court will determine whether it should assume jurisdiction
over the case or dismiss it on the ground of forum non conveniens
- It is the law of the forum that determines whether the court has jurisdiction over
the case
2. It will next determine whether to apply the internal law of the forum or the proper
foreign law
V.  How will you introduce a foreign law for it to be recognized by a local court?

In order for the foreign law to be recognized by a court, foreign law and its authenticity
must be proven as facts under our rules on evidence, together with the alien’s
applicable national Law to show the effect of the judgment on the alien himself or
herself. Foreign laws must be alleged and proved. Thus,
- When the law of the forum expressly so provides in its conflicts rules
- When the proper foreign law has not been properly pleaded and proved
- When the case involves any of the exceptions to the application of the proper
foreign law (i.e. exceptions to comity)
It is therefore, forum has to apply the internal or domestic law (lex fori) in deciding a
case in conflicts of law

VI. Discuss the principle of forum non conveniens.

Forum non conveniens is a discretionary power that allows courts to dismiss a case
where another court, or forum, is much better suited to hear the case. This dismissal
does not prevent a plaintiff from re-filing his or her case in the more appropriate forum.

VII. Discuss the reasons why a foreign law will not be recognized/applied in our
jurisdiction.

The reasons why a foreign law will not be recognized/applied in our jurisdiction are that
Philippine courts do not take judicial notice of foreign judgments and laws. Foreign laws
must be proven as fact under our rules on evidence before it can be consider as law in
our country.