Professional Documents
Culture Documents
Chapter 2
Conflict of Laws
That part of the municipal law of a state which directs its Jurisdiction and choice of law
courts and administrative agencies, when confronted with a
legal problem involving a foreign element, whether or not How one deals with a problem in Conflict of Laws
they should apply a foreign law or foreign laws 1. First, determine whether the court has jurisdiction
over the case.
Conflict of laws case If it has no jurisdiction, the case should be
Any case which involves facts occurring in more than one dismissed
state or nation, so that in deciding the case, it is necessary If it has jurisdiction, the court will
to make a choice between the laws of different states or determine whether it should assume
countries jurisdiction over the case or dismiss it on
the ground of forum non conveniens
Note: Conflict of laws is NOT part of international law. It is the law of the forum that determines
Although it is sometimes thought of as part of international whether the court has jurisdiction over the
law because of the presence of a foreign element in a given case
problem, it is not international law in character but is part of 2. It will next determine whether to apply the internal
the municipal law of each state. By municipal law in Conflict law of the forum or the proper foreign law
of Laws is meant the internal or local law of each state.
Three kinds of jurisdiction
Conflict of laws vs. public international law 1. Jurisdiction over the subject matter
Public Conflict of laws 2. Jurisdiction over the person
International 3. Jurisdiction over the res
Law
As to persons Governs Governs private Jurisdiction over the subject matter
involved sovereign states individuals or Conferred by law
and entities that corporations Defined as the power to hear and determine cases
are internationally of the general class to which the proceedings in
recognized or question belong
possessed of Cannot be conferred by consent of the parties or
international by their voluntary submission
personality Must be invoked by filing the proper complaint or
As to nature International in Municipal in petition with the court.
character character
As to Applies only to Deals with Note: In the realm of Conflict of Laws, however, there
transactions transactions in transactions is another element which the court must consider in
involved which only strictly private in determining the matter of jurisdiction the possible
sovereign states nature in which enforceability of its decision in foreign states, subject to
or entities with the country as the rights of said states.
international such has
personality are generally no Jurisdiction over the person
concerned and interest The competence or power of a court to render a
which generally judgment that will bind the parties involved
affect public Jurisdiction over the plaintiff: Acquired the
interest moment he invokes the power of the court by
As to remedies The concerned Recourse is had to instituting the action by the proper pleading
applied states may first judicial or Jurisdiction over the defendant: Acquired when
resort to peaceful administrative he enters his appearance or by the coercive power
remedies. If these tribunals in of legal process exerted by the court over him
remedies fail, the accordance with personal or substituted service of summons
states concerned the rules of o EX: If appearance is for the sole purpose
may resort to procedure of the of questioning the jurisdiction of the court.
forcible remedies country where
they sit Note: Question of erroneous service of summons must
be raised before judgment is rendered, or this would be
Sources of Conflict of Laws a case of waiver. Defective service may be cured by
1. Direct sources actual receipt of summons or if in any other manner,
Treaties knowledge of the existence of the case
International conventions
Constitutions Jurisdiction over the Res
Codifications and statutes Jurisdiction over the particular subject matter in
Judicial decisions controversy, regardless of the persons who may be
International customs interested therein
2. Indirect sources The basis of the exercise of this jurisdiction is the
Natural moral law presence of the property within the territorial
jurisdiction of the forum even though the court 3. In any other manner that the court may deem
may not have personal jurisdiction over the sufficient, e.g., by registered mail
persons whose interests in the property are
affected
The purpose of the suit is not to impose a persona Instances when court may refuse to exercise
liability on anyone but it is to affect the interests of jurisdiction over a case on the basis of forum non
all persons in a thing. conveniens
1. The evidence and the witnesses may not be readily
Jurisdiction in personam Jurisdiction over the res available in the forum
Binds only the parties and Binds the whole world 2. The court dockets of the forum may already be
their successors in interest clogged so that to permit additional cases would
hamper the speedy administration of justice
Actions quasi in rem 3. The belief that the matter can be better tried and
The purpose is neither to impose a personal decided in another jurisdiction, either because the
liability in a thing nor to affect the interests of all main aspects of the case transpired there or the
persons in a thing, but to affect the interests of material witnesses have their residence there
particular persons in a thing. 4. To curb the evils of “forum shopping” the non-
An action affecting the personal status of the resident plaintiff might have filed the case in the
plaintiff is also classified as an action quasi in rem forum merely to secure procedural advantages or
to annoy or harass the defendant
Service of summons, how effected 5. The forum has no particular interest in the case
1. In actions in personam the parties not being citizens of the forum or are
(1) Personal service residents elsewhere, or the subject matter of the
(2) Substituted service case evolved somewhere else
6. Other courts are open and the case may be better
Note: Service by publication would NOT be tried in said courts
sufficient 7. The inadequacy of the local judicial machinery for
effectuating the right sought to be enforced by the
2. Service by publication plaintiff
(1) Action in rem 8. The difficulty of ascertaining the foreign law
(2) Action quasi in rem applicable
(3) Action involves the personal status of
plaintiff Note: The doctrine should generally apply only if the
defendant is a corporation. For if the defendant is an
3. Extraterritorial service of summons individual, the proper forum may not be able to acquire
(1) When the defendant does not reside and jurisdiction over him, thus leaving the plaintiff without
is not found in the Philippines, and the any remedy.
action affects the personal status of the
plaintiff Three instances when the forum has to apply the
(2) When the defendant does not reside and internal or domestic law (lex fori) in deciding a case
is not found in the Philippines, and the in conflicts of law
action relates to or the subject of which is, 1. When the law of the forum expressly so provides in
property within the Philippines (real or its conflicts rules
personal), in which the defendant has a 2. When the proper foreign law has not been properly
claim, a lien or interest, actual or pleaded and proved
contingent 3. When the case involves any of the exceptions to
(3) When the defendant is a non-resident but the application of the proper foreign law (i.e.
the subject of the action is property exceptions to comity)
located in the Philippines in which the
relief demanded consists in excluding the Why foreign law cannot be applied if it has not been
defendant from any interest therein pleaded and proved
(4) When the property of a non-resident Our courts cannot take judicial notice of foreign laws
defendant has been attached in the
Philippines How a foreign law is proved under our Rules of Court
While a writ of attachment may 1. Written law
be issued by the court, said (1) An official publication thereof
writ cannot be implemented (2) A copy of the law attested by the officer
until the court has acquired having legal custody of the record or by
jurisdiction over the non- his deputy, accompanied by a certificate
resident defendant of any Philippine embassy, consular, or
foreign service officer in the foreign
Extraterritorial service, how effected country where the record is kept, and
By leave of court: authenticated by the seal of his office
1. By personal service 2. Unwritten law
2. By publication, but copy of the summons and the (1) The oral testimony of expert witnesses
order of the court must be sent by registered mail (2) By printed and published books of reports
to the defendant’s last known address of decisions of the country involved if
proved to be commonly admitted in its
courts
Note: The first part raises while the second part 4. It is generally supposed to have a universal
answers a legal question character
Note: Modern trend is to consider prescriptive periods Note: The Philippines follows the nationality
or Statute of Frauds that the parties had in mind at the theory.
time the transaction took place
Nationality v. citizenship
Nationality Citizenship
Chapter 6 Refers to membership in a A citizen is one who owes
Persona law – Theories in determining one’s personal political community, one allegiance to and is entitled
law that is personal and more or to the protection of the
less permanent, not State
temporary.
Personal law.
That which attaches to him wherever he may go. The law In the field of Conflict of Laws, nationality and citizenship
that generally governs his status, capacity, condition, family are the same
relations, and the consequences of his actuations. It may
be:
1. National law Chapter 7
2. Law of his domicile The Nationality Theory
3. Law of the situs
Different kinds of citizenship in the Philippines
Status vs. capacity
1. Natural born citizens
Status Capacity Those who are citizens from birth without
Place of an individual in Only part of one’s status and having to perform any act to acquire or
society and consists of may be defined as the sum perfect their Philippine citizenship
personal qualities and total of his rights and
relationships more or less obligations Native-born Filipinos
permanent, with which the Those born in the Philippines. Natural-born
state and the community are citizens may not be native-born if they were
concerned born abroad
Naturalization
Judicial naturalization under Com. Act. 475, Administrative naturalization under RA 9139 or
as amended the Administrative Naturalization Law of 2000
Qualifications 1. The petitioner must not e less than 21 years 1. The applicant must be born in the Philippines
of age on the date of the hearing of the and residing therein since birth
petition 2. The applicant must not be less than 18 years of
2. He must have, as a rule, resided in the age, at the time of filing of his/her petition
Philippines for a continuous period of not less 3. The applicant must be of good moral character
than 10 years and believes in the underlying principles of the
3. He must be of good moral character, and Constitution and must have conducted
believe in the principles underlying the himself/herself in a proper and irreproachable
Philippine Constitution, and must have manner during his/her entire period of
conducted himself in a proper and residence in the Philippines in relation with the
irreproachable manner during the entire duly constituted government as well as with the
period of his residence in the Philippines in community in which he/she is living
his relation with the constituted government 4. The applicant must have received his/her
as well as with the community in which he is primary and secondary education in any public
living school or private education institution duly
4. He must own real estate in the Philippines recognized by the DECS, where Philippine
worth not less than 5,000, Philippine history, government, and civics are taught and
currency, or must have some lucrative trade, prescribed as part of the school curriculum and
profession, or occupation where enrollment is not limited to any race or
5. He must be able to speak and write English or nationality: Provided, that should he/she have
Spanish and any one of the principal minor children of school age, he/she must have
languages and enrolled them in similar schools.
6. He must have enrolled his minor children of 5. The applicant must have a known trade,
school in any of the public or private schools business, profession, or lawful occupation, from
recognized by the Bureau of Private Schools which he/she derives income sufficient for
where Philippine history, government, and his/her support and if he/she is married and/or
civics are taught or prescribed as part of the has dependents, also that of his/her family:
school curriculum during the entire period of Provided, however, that this shall not apply to
the residence required of him, prior to the applicants who are college degree holders but
hearing of his petition for naturalization as are unable to practice their profession because
citizen they are disqualified to do so by reason of their
citizenship
6. The applicant must be able to read, write, and
speak Filipino or any of the dialects of the
Philippines, and
7. The applicant must have mingled with the
Filipinos and evinced a sincere desire to learn
and embrace the customs, traditions, and ideals
of the Filipino people
Disqualifications 1. Those opposed to organized government or affiliated with any association of group of person who
uphold and teach doctrines opposing all organized governments
2. Those defending or teaching the necessity of or propriety of violence, personal assault or
assassination for the success or predominance of their ideas
3. Polygamists or believers in the practice of polygamy
4. Those convicted of crimes involving moral turpitude
5. Those suffering from mental alienation or incurable contagious disease
6. Those who, during the period of their residence in the Philippines, have not mingled socially with
Filipinos, or who have not evinced a sincere desire to learn and embrace the customs, traditions, and
ideals of the Filipinos
7. Citizens or subjects of nations with whom the Philippines is at war
8. Citizens or subjects of a foreign country whose laws do not grant Filipinos the right to be naturalized
citizens or subjects thereof
Legislative jurisdiction Judicial jurisdiction prohibited under Articles 35(1), (4), (5), and (6), 36, 37,
Legislative jurisdiction over Judicial jurisdiction over and 38.
one’s status is the power of one’s status is the power of In other words, we follow the rule of lex loci
his personal law to govern the courts to decide celebrationis
his status wherever he goes questions or controversies EX: A foreign marriage of Filipinos in a foreign country will
concerning one’s status still be void in the Philippines if:
1. Either or both parties did not have legal capacity to
Note: Thus, our courts can decide cases involving the get married (Art. 35 (1))
status and capacity of foreigners brought before them, but 2. The marriage is immoral for being bigamous or
in doing so, our courts will apply the personal law of the polygamous (Art. 35 (4))
foreigner, whether it be his national law or the law of his 3. Consent of one party is lacking, because of mistake
domicile, depending on what theory the country of his as to the identity of the other (Art. 35 (5))
citizenship follows. 4. One of the parties was psychologically
Example: Even if the personal law of the foreigner incapacitated at the time of the marriage to comply
allows divorce, he cannot apply for divorce from his with the essential marital obligations (Art. 36)
spouse before a Philippine court because we do not 5. The marriage is incestuous (Art. 37)
recognize divorce and our courts have no 6. The marriage is void by reason of public policy
jurisdiction to grant divorces. However, a foreigner (Art. 38)
who applies for legal separation in our country on a
ground available under his national law but not Note: Consular marriages of Filipinos abroad are valid (Art.
under our law, may obtain a favorable judgment 10, Family Code)
from our courts, because it is his national law on
legal separation that our courts will apply, but Conflicts rules on marriages between foreigners
subject to our procedural law. solemnized abroad
1. We still apply the rule of lex loci celebrationis, but
not the exceptions in the first par. of Art. 26 of the
Chapter 12
Family Code which apply only to Filipinos
Conflicts rules on marriage
But universally considered incestuous
marriages and marriages that are highly
Philippine internal law on the formal validity of immoral are excepted
marriages or the validity of marriage as a contract 2. Proxy marriages – Not allowed under Philippine
1. Essential requisites internal law
(1) Legal capacity of the contracting parties Rule in the US – if permitted by the law of
who must be male and female the place where the proxy participates in
(2) Consent freely given in the presence of a the marriage ceremony, proxy marriages
solemnizing officer are entitled to recognition insofar as the
2. Formal requisites formal validity of the marriage is
(1) Authority of the solemnizing officer concerned
(2) A valid marriage license 3. Marriages on board a vessel on the high seas –
(3) A marriage ceremony takes place with the Since the country whose flag the ship is flying has
appearance of the contracting parties jurisdiction over the ship, the rule is that
before the solemnizing officer and their compliance with the law of the said country is
personal declaration that they take each required for the marriage to be valid
other as husband and wife in the presence 4. If the parties or at least the husband is a Muslim –
of not less than two witnesses of legal age it is believed that we would recognize up to four
marriages of the same husband (Philippine Muslim
Note: The above formal requisites apply to foreigners who Code on Personal Laws)
get married in the Philippines. If one or both of the parties
are foreigners, the foreigner must submit a certificate of Mixed Marriages
legal capacity to contract marriage issued by the diplomatic Marriage between a If the marriage is valid
or consular officials of his/her country in the Philippines Filipino and foreigner under the law of one of the
before he/she can be issued a marriage license. Stateless ABROAD spouses while void under
persons or refugees need only to submit an affidavit stating the law of the other, we
the circumstances showing such capacity to contract should uphold the validity of
marriage the marriage, unless the
marriage is universally
Common law marriages of foreigners incestuous or highly immoral
As to common law marriages of foreigners who come to the (the same rule as to
Philippines as husband and wife, it would seem that we foreigners who get married
should consider the marriage valid if valid under their abroad)
national law or the law of the place where the relationship
Marriage between a The national law of the
began. But the marriage must not be contra bonos mores or
Filipino and a foreigner in Filipino – Philippine law
universally considered incestuous
the PHILIPPINES should be followed –
otherwise our public policy
Foreign marriages of Filipinos
would be violated
GR: Under Art. 26 of the Family Code, all marriages outside
the Philippines in accordance with the laws in force in the
country where they were solemnized and valid there as
such, shall also be valid in this country, except those
Two aspects of marriage as a status RE: 3 Better solution: apply the national
1. Aspect of personal rights and obligations of the law of the husband at the time of the
spouses marriage
Purely personal and are not ordinarily EXCEPTIONS
interfered with by the courts 1. If the national law of the husband violates public
policy of the forum
2. The national law of the wife happens to be the law
2. Aspect of their property relations of the forum
The law lays down rules and judicial
sanctions as they may affect public
interest Conflicts rules on the property relations of husband
and wife
Law governing personal relations of spouses in GR: Property relations of the spouses are governed by
Conflict of Laws Philippine law, regardless of the place of the celebration of
1. Countries that follow the nationality theory (e.g. marriage and their residence (nationality theory)
Philippines) – apply the spouses’ national law in If one spouse is a Filipino (wife or husband) and
determining their personal relations with each the other is an alien, Philippine law would still
other govern
2. Countries that follow the domiciliary theory – the
personal relations of the spouses are governed by EX:
the law of their domicile 1. If both spouses are aliens – general rule in Conflict
of Laws will apply
Spouses of different nationalities: law governing their 2. With respect to extrinsic validity of contracts
personal relations affecting real property – the lex situs will govern
GR: The personal relations of the spouses are governed by the formalities to be observed for the contract’s
the national law of the husband validity
Alien woman who Ipso facto becomes a Filipino Doctrine of immutability of matrimonial (property)
marries a Filipino citizen if she does not suffer regime of the spouses
husband under any disqualification Regardless of the change of nationality by the husband or
for naturalization as a the wife or both, the original property regime that prevailed
Filipino citizen at the start of their marriage prevails
3. Most countries assume jurisdiction over case for 2. Illegitimate children – children conceived and born
legal separation on the basis of the domicile of one outside a valid marriage
of the parties or the matrimonial domicile EX: Children born of void marriages under
Article 36 (psychological incapacity) and
Note: It is NOT necessary that the cause for legal Article 53 (those born of the first marriage
separation take place in the country for our courts to of parties before said first marriage had
have jurisdiction over the case. been annulled or declared void, and who
marry a second time without delivering
Grounds for legal separation under Philippine internal the presumptive legitime of the children of
law (Article 55, FC) their first marriage are considered
1. Repeated physical violence or grossly abusive LEGITIMATE CHILDREN
conduct against the petitioner, a common child, or
a child of the petitioner
2. Physical violence or moral pressure to compel the
petitioner to change religious or political affiliation
3. Attempt to corrupt or induce the petitioner, a Law governing the rights and duties between parent
common child, or a child of the petitioner, to and child
engage in prostitution, or connivance in such 1. If the child is legitimate – either the common
corruption or inducement personal law of the parents or the personal law of
4. Final judgment sentencing the respondent to the father if the parents are of different
imprisonment of more than 6 years, even if nationalities governs
pardoned 2. If the child is illegitimate – The personal law of the
5. Drug addiction or habitual alcoholism of the mother is decisive, UNLESS the child is
respondent subsequently recognized by the father, in which
6. Contracting by the respondent of a subsequent case the rules on legitimate children will be applied
bigamous marriage, whether in the Philippines or
abroad Doctrine of immutability of status
7. Lesbianism or homosexuality of the respondent The status of a child (whether legitimate or illegitimate) is
8. Sexual infidelity or perversion not affected by a subsequent change of nationality of the
9. Attempt by the respondent against the life of the parents
petitioner But the rights an duties of parent and child would
10. Abandonment of petitioner by respondent without after the parents’ change of nationality, be
justifiable cause for more than one year governed by the new national law of the parents
Law which determines whether the relationship of 4. The capacity and right of the adopter to file a
adoption has been created or not petition for adoption are governed by the law in
1. The child’s personal law force at the time the petition is filed, and cannot be
2. If the child does not reside in the country of his impaired by a new law disqualifying him or her for
citizenship – the personal law of the adopter will adoption
govern, or the personal law of the adopter and that
of the child will be applied concurrently Recognition of a foreign decree of adoption
While there is no provision of law nor jurisprudence
Law which determines the legal effects of adoption expressly requiring the Philippines to recognize a foreign
The legal effects of adoption are determined by the same decree of adoption, it is believed that under Sec. 48 of Rule
law that created the relationship of adoption 39 of the Rules on Civil Procedure, we can recognize such
foreign decree of adoption provided the foreign court had
jurisdiction to render said decree, and that there is no want
of notice, collusion, extrinsic fraud, or clear mistake of law
or fact leading to the foreign decree of adoption
Adoption by aliens in the Philippines Does adoption confer on the adopted child the
Under RA 8552 or the Domestic Adoption Act of 1998, aliens citizenship of the adopter?
(who are not even former Filipino citizens) can adopt in our No. Adoption does not confer on the adopted child the
country, provided: citizenship of the adopter. Adoption is a matter political and
1. The have the same qualifications as those required not civil in nature, and the ways in which it should be
of Filipino citizens conferred are outside the ambit of the Civil Code.
2. Their countries have diplomatic relations with our
country Chapter 14
3. They have been living in the Philippines for at least Wills, succession, and administration of the estate of
3 years prior to the filing of the petition for deceased persons
adoption, and maintain such residence until the
adoption decree is entered
Two theories or systems in determining the proper
4. The have been certified by their diplomatic or
law for the transmissions of successional rights
consular offices or by any appropriate government
1. Unitary or single system – only one law
agency that they have the legal capacity to adopt
determines transmission of real as well as personal
in their own countries and
properties
5. Their government allows the adopted child to enter
2. Split or scission system – Succession to real
their own country as their adopted child
property is governed by the lex situs, while
succession to movable or personal property is
Special aliens who can adopt under RA 8552
governed by the law of the domicile of the
1. A former Filipino citizen who seeks to adopt a
deceased at the time of his death
relative within the 4th degree of consanguinity or
affinity
Note: In the Philippines, we follow the unitary or single
2. One who seeks to adopt the legitimate son or
system, in that Article 16 of the NCC applies the
daughter of his or her Filipino spouse
national law of the deceased, whatever may be the
3. One who is married to a Filipino citizen and seeks
nature of the property and regardless of the country
to adopt jointly with his or her spouse a relative
where the property is found
within the 4th degree of consanguinity or affinity of
the Filipino spouse
Extrinsic v. intrinsic validity of wills
These aliens need not comply with the residency in the
Extrinsic validity Intrinsic validity
Philippines and they also need not submit a certification that
they have the capacity to adopt from the diplomatic or Forms and solemnities of Substance of wills
consular office of their country in the Philippines or any wills
other government agency Deals with the forms and Concerns itself with:
solemnities in the making of 1. Order of succession
Note: RA 8552 still requires that the (alien) husband and wills which include: 2. Amount of
wife must jointly adopt. However in cases where the 1. Age and successional rights,
spouses are legally separated, the husband or the wife can testamentary and other matters
adopt alone, and the consent of the other spouse to an capacity of the of substance
adoption filed by one spouse is not necessary testator
2. Form of the will
Nature of adoption in Philippine law (notarial or
1. Adoption proceedings are always judicial an din holographic) etc
rem, i.e., publication is required
2. A mere agreement of adoption between the Conflicts rules in the Philippines on extrinsic validity
adopters and the parents of the child is not a valid of wills
adoption, nor the fact that the child had been 1. If a Filipino makes a will abroad - he may comply
adopted de facto (ampon) by the alleged adopting with the formalities of Philippine law (lex nationalii)
parents or the lex loci celebrationis (the law of the place
3. Neither is mere registration of the child in the civil where he was at the time of the execution of the
registry as the child of the adopter a valid will) – Art. 815, NCC
adoption. This even amounts to the crime of 2. If an alien makes a will abroad - he may comply
simulation of birth with the formalities of his lex nationalii (law of the
country of which he is a citizen, the lex domicilii actus of the revocation (the place where the
(law of his domicile0, or the lex loci celebrationis revocation was made)
3. If an alien makes a will in the Philippines – he may
comply with the formalities of his own country (lex Probate, defined
nationalii) or of Philippine law (lex loci Probate is the process of proving before a competent court
celebrationis) the due execution of a will, that the testator was possessed
4. Holographic wills – must be entirely written, dated, of testamentary capacity, and the approval by said court of
and signed by the hand of the testator. It is the will
subject to no other form and may be made in or
out of the Philippines and need not be witnessed Conflict rules on probate of wills
(Art. 810, NCC) 1. The allowance of disallowance of a will is
essentially procedural, so that the law of the forum
Conflicts rules on joint wills applies to all procedural matters
1. Filipinos cannot make joint wills whether he or 2. Art. 838, 1st par: “now will shall pass either real
abroad or personal property unless it is proved and
2. Joint wills made by aliens shall be considered valid allowed in accordance with the Rules of Court”
in the Philippines if valid according to their lex 3. There is no period of prescription for the probate of
nationalii or lex domicilii or if valid under lex loci a will
celebrationis 4. Wills proved and allowed in a foreign country
3. Joint wills made by aliens in the Philippines are according to the laws of each country may be
void even if valid under their lex nationalii or lex allowed, filed, and recorded by the proper court in
domicilii in order that our public policy on joint wills the Philippines
may not be militated against 5. Although a foreign will had already been probated
4. A joint will executed by an alien and a Filipino in a foreign country, it still has to be reprobated in
citizen abroad will be valid even as to the alien (if the Philippines in accordance with our procedural
his national law or law of his domicile or lex loci law it is sufficient to ask for the enforcement of
celebrationis allows it) but void as to the Filipino the foreign judgment of the probate abroad
6. The evidence necessary for the probate or
Conflicts rules on intrinsic validity of wills allowance of wills which have been probated
1. lex nationalii – in countries that follow the outside the Philippines are:
nationality theory (1) The due execution of the will in
2. lex domicilii – in countries that follow the accordance with the foreign law because
domiciliary theory we cannot take judicial notice of foreign
laws
What governs the intrinsic validity of wills in the (2) The testator had his domicile in the
Philippines foreign country where the will was
The NCC applies the lex nationalii of the decedent probated
Note: in case of conflict between the nationality (3) The will had been admitted to probate in
theory and the domiciliary theory, we can treat the said country
case as one of “renvoi” so that we can still apply (4) The foreign tribunal is a probate court
Philippine law even if the deceased was a citizen of (5) The laws of the foreign country on
another country procedure and allowance of wills were
followed
4. Interpretation of documents
3. The executor is qualified, and the administrator of 5. Effects of ownership
the estate is appointed, by the court of the country 6. Co-ownership
where the deceased was domiciled at the time of 7. Accession
his death, or if he was a non-domiciliary, the 8. Usufruct
country where his properties are found 9. Lease
4. The rights, powers, and duties of the executor or 10. Easement
administrator are coextensive with the territorial 11. Quieting of title
jurisdiction of the court that qualified or appointed 12. Registration
him 13. Prescription
5. Principal domiciliary administration v. ancillary 14. Police power
administration 15. Eminent domain
16. Taxation
Principal domiciliary Ancillary
administration administration Exceptions to the rule on lex situs with respect to real
Administration granted Administration in other properties
in the country of the countries where the 1. Succession governed by national law (in
deceased’s last domicile deceased also left Philippines) not lex situs
properties 2. Contracts involving real property but do not deal
with title or real rights over the property, the issue
6. The domiciliary administrator of the estate of a being the contractual rights and liabilities of parties
deceased American citizen in the US has no power governed by the proper law of the contract (lex
over and is not entitled to the possession of the loci voluntatis or lex loci intentionis)
stock certificates of shares of stock by the 3. In contracts where real property is given as
deceased in a Philippine corporation, which security by way of mortgage to secure a principle
certificates must be delivered to the ancillary contract (i.e. loan) loan is governed by the
administrator proper law of the contract which the mortgage is
governed by the lex situs
Caduciary rights of state in Conflict of Laws 4. While the validity of the transfer of land must be
There are two theories adopted by different states so that determined by the lex situs, the validity of the
they may claim the properties left by a deceased who left contract to transfer is determined by the proper
no heirs and no will: law of the contract
1. Some countries adopt the theory that such
properties have become ownerless (bona vacantia) Rules in giving constructive situs to choses in
hence they should revert to the State where they possession that are usually in motion
are situated by escheat VESSELS
properties pass to the State as an incident of Public vessel Law of the flag
sovereignty, not as an heir Private or commercial Law of the country or
2. In the Philippines and some civil law countries – vessel place of registry
the theory adopted is that the State is the last heir If vessel is docked at a Said port is deemed as its
of a deceased person. Hence, the State succeeds foreign port temporary situs
to the properties left by said deceased as an heir. GOODS IN TRANSIT
As to liability for loss, Law of destination (Art.
destruction, or 1734, CC)
Chapter 15 deterioration of goods
PROPERTY in transit
The validity and effect Law of the place where
Conflict rules on real property and personal property of seizure of goods in the goods were seized
GR: lex situs/ lex re sitae law of the place where the transit (temporary situs)
property is located Disposition or Proper law of the contract
alienation of goods in (lex loci voluntatis or lex
Old rule on law on personal property/movables - transit loci intentionis)
Mobilia sequuntur personam
Personal effects or belongings of owner carried with Rules in giving constructive situs to intangible
him wherever he went. personal properties or choses in action
Given artificial status since did not have fixed status CREDITS OR DEBTS
– personal law of the owner Involuntary transfer of The situs of the place
assignment of a debt where the debtor may be
Philippine rule on personal properties (garnishment) served (usually his
Art. 15 of the CC real property as well as personal domicile)
property is subject to the law of the country where it is The proper law of the
situated contract (the proper law
of the original transaction
Matters governed by lex situs with respect to real out of which the chose in
property action or credit arose)
1. Extrinsic validity
2. Intrinsic validity Other theories:
3. Capacity of contracting parties 1. The law of the
Liability for loss, destruction, 3. Theory of Dr. Rabel – The locus delicti is the
deterioration of goods in transit: law place which has the most substantial connection
of destination of goods (Art. 1753, with the wrongful act
NCC)
Modern theories in determining liability for torts
If COGSA applies, limiation on 1. State of the most significant relationship – the
liability applies, unless the shipper rights and obligations of parties in a case of tort is
declares value of goods and inserts determined by the local law of the state which,
such declaration in the bill of lading with respect to the particular issue, has the most
Contract of significant relationship to the occurrence and the
transportatio Contract for air transportation parties
n or carriage (Warsaw Convention)
(render 1. The liability of the airline in case 2. The interest-analysis approach – This approach
services) of death, injury to passengers, considers the relevant concerns that two or more
or loss or damage to cargo is states may have in the case and their respective
governed by Warsaw interests in applying their laws to it
Convention If however, the case poses a real conflict
2. If there was malice, gross between two or more States, if the
negligence, or bad faith, or interested forum finds that he other State
improper discrimination, carrier has a greater claim in the application of its
is liable for damages beyond law to a given case, the forum should
those limited by Warsaw yield and apply the law of the other state.
Convention If the forum is disinterested in the case, it
can dismiss the same on the ground of
Note: if contracts involve encumbrances of property, forum non conveniens
real or personal, apply lex situs. If personal contracts, In short, the state which has the more
law on contracts will apply relevant and weighty interests in the case
should be considered the locus delicti
Chapter 17
TORTS 3. Qavers principle of preference – Under this
theory, a higher standard of conduct and financial
protection given to the injured party by one state is
Tort, defined applied by the State where the injury happened, if
Legal wrong committed upon person or property the latter state adopts a lower standard of conduct
independent of contract and financial protection to the injured
Spanish law: quasi delict/culpa aquiliana fault or
negligence Conflict rules on maritime torts
American law: broader fault or negligence and 1. If the tort is committed abroad a public vessel,
also those committed with malice or willful intent whether on the high seas or in foreign territorial
waters, the law of the flag is the lex loci delicti
Concept of tort in the Philippines commissii
Blending of both Spanish and American laws 2. If the tort is committed aboard a private or
Art. 20 NCC: Every person who, contrary to law, merchant vessel on the high seas, the law of the
willfully or negligently causes damage to another, registry is the lex loci delicti commissii
shall indemnify the latter for the same. 3. If two vessels collide and are from the same state,
Art. 2176 NCC: Whoever by act or omission the law of registry is the lex loci delicti commissii
causes damage to another, there being fault or 4. If the vessels come from different states with
negligence, is obliged to pay for the damage done. identical laws, apply said identical laws
Such fault or negligence, if there is no pre-existing 5. If the vessels come from different states with
contractual relation between the parties, is called a different laws, the lex loci delicti commissii is the
quasi-delict and is governed by the provisions of general maritime law as understood and applied by
this Chapter. the forum where the cas eis filed
Law governing liability for torts in Conflict of Laws Foreign tort to be actionable/subject of an action for
Liability for torts in general is governed by the lex loci delicti damages in the Philippines – Requisites/Conditions
commissi (law of the place where the delict or wrong was 1. Must acquire jurisdiction over the defendant (action
committed) for damages is action in personam)
State where the social disturbance occurred has 2. Foreign tort must not be penal in character
the primary duty to redress the wrong and 3. The enforcement of the tortuous liability should not
determine the effects of the injury; and contravene our public policy
To compensate victim for the damage or injury 4. Our judicial machinery must be adequate for such
suffered enforcement
Note: all procedural matters are governed
Three theories in determining locus delicti by the lex fori Phil law).
1. Civil law theory – The locus delicti is the place Substantive matters are governed by the
where the act began lex loci delicti commissii, thus:
2. Common law theory – The locus delicti is the (1) Period of prescription of the
place where the wrongful act became effective action is governed by lex loci
delecti commissii because in