CONFLICTS OF LAWS; Definition: 1.

Special Laws
1. That part of the law of each state or nation which determines whether, in dealing with 2. Treaties and Conventions
a legal situation, the law or some other state or nation will be recognized, given effect, 3. Judicial Decisions
or applied (16 Am Jur, 2d, Conflict of Laws, §1). 4. International Customs
2. That part of municipal law of a state which directs its courts and administrative
agencies, when confronted with a legal problem involving a foreign element, whether or Indirect:
not they should apply a foreign law/s (Paras).
DISTINGUISHED FROM PUBLIC INTERNATIONAL LAW
1.   Natural moral law
BASIS CONFLICT OF LAW LAW OF NATIONS
1. Work of writers
TERMS:
1 Lex Domicilii – law of the domicile; in conflicts, the law of one’s domicile applied in the choice of
law questions
Nature Municipal in character International in character
Lex Fori – law of the forum; that is, the positive law of the state, country or jurisdiction of whose
judicial system of the court where the suit is brought or remedy is sought is an integral part.
Dealt with by private Sovereign states and other Substantive rights are determined by the law where the action arose (lex loci) while the
individuals; governs entities possessing procedural rights are governed by the law of the place of the forum (lex fori)
individuals in their international personality, Lex Loci – law of the place
private transactions e.g., UN; governs states in Lex Loci Contractus – the law of the place where the contract was made or law of the place
2 Persons which involve a foreign their relationships amongst where the contract is to be governed (place of performance) which may or may not be the same
involved element themselves as that of the place where it was made
Lex Loci Rei Sitae – law of the place where the thing or subject matter is situated; the title to
Generally affected by public realty or question of real estate law can be affected only by the law of the place where it is
Private transactions interest; those in general are situated
3 Transactions between private of interest only to sovereign Lex Situs – law of the place where property is situated; the general rule is that lands and other
involved individuals states immovables are governed by the law of the state where they are situated
Lex Loci Actus  – law of the place where the act was done
Lex Loci Celebrationis – law of the place where the contract is made
Lex Loci Solutionis – law of the place of solution; the law of the place where payment or
performance of a contract is to be made
May be peaceful or forcible Lex Loci Delicti Commissi – law of the place where the crime took place
Peaceful: includes diplomatic Lex Mereatoria – law merchant; commercial law; that system of laws which is adopted by all
negotiation, tender & commercial nations and constitute as part of the law of the land; part of common law
exercise of good offices, Lex Non Scripta – the unwritten common law, which includes general and particular customs
mediation, inquiry & and particular local laws
conciliation, arbitration, Lex Patriae  – national law
judicial settlement by ICJ, Renvoi Doctrine – doctrine whereby a jural matter is presented which the conflict of laws rules
reference to regional of the forum refer to a foreign law which in turn, refers the matter back to the law of the forum or
agencies a third state. When reference is made back to the law of the forum, this is said to be “remission”
Forcible:  includes while reference to a third state is called “transmission.”
severance of diplomatic Nationality Theory – by virtue of which the status and capacity of an individual are generally
relations, retorsions, governed by the law of his nationality.  This is principally adopted in the RP
reprisals, embargo, boycott, Domiciliary Theory – in general, the status, condition, rights, obligations, & capacity of a person
non-intercourse, pacific should be governed by the law of his domicile.
blockades, collective Long Arm Statutes – Statutes allowing the courts to exercise jurisdiction when there are
4 Remedies and Resort to municipal measures under the UN minimum contacts between the non-resident defendant and the forum.
Sanctions tribunals Charter, and war. WAYS OF DEALING WITH A CONFLICTS PROBLEM:
1. Dismiss the case for lack of jurisdiction, or on the ground of forum non-conveniens
SOURCES: DOCTRINE OF FORUM NON CONVENIENS – the forum is inconvenient; the ends of justice
would be best served by trial in another forum; the controversy may be more suitably tried
Direct: elsewhere
1. Assume jurisdiction and apply either the law of the forum or of another state
1.  Constitutions 1. i.      A specific law of the forum decrees that internal law should apply
1. APPLY INTERNAL LAW – forum law should be applied whenever there is good
reason to do so; there is a good reason when any one of the following factors is present:
2.  Codifications
Examples:
1
  Article. 16 of the Civil Code – real and personal property subject to the law of the forum, the solution should be approximately the same; thus, identical or similar solutions
country where they are situated and testamentary succession governed by lex nationalii anywhere & everywhere.  When the goal is realized, there will be “harmony of laws”
 Article 829 of the Civil Code – makes revocation done outside Philippines valid 5. Theory of Justice – the purpose of all laws, including Conflict of Laws, is the
according to law of the place where will was made or lex domicilii dispensing of justice; if this can be attained in may cases applying the proper foreign
 Article 819 of the Civil Code – prohibits Filipinos from making joint wills even if valid in law, we must do so
foreign country Rules on Status in General
1. ii.    The proper foreign law was not properly pleaded and proved Factual Situation Point of Contact
NOTICE AND PROOF OF FOREIGN LAW
 As a general rule, courts do not take judicial notice of foreign laws; Foreign laws must
be pleaded and proved
 Effect of failure to plead and prove foreign law (3 alternatives) of the forum court: 1 Beginning of personality of natural National law of the child (Article 15,
person CC)
(a)  Dismiss the case for inability to establish cause of action

(b)  Assume that the foreign law of the same as the law of the forum 2
Ways & effects of emancipation Same
(c)  Apply the law of the forum

1. The case falls under any of the exceptions to the application of foreign law 3
Exceptions to application of foreign law: Age of majority Same

(a)  The foreign law is contrary to the public policy of the forum
4
(b)  The foreign law is procedural in nature
Use of names and surnames Same

(c)  The case involves issues related to property, real or personal (lex situs)
5
(d)  The issue involved in the enforcement of foreign claim is fiscal or administrative
Use of titles of nobility Same
(e)  The foreign law or judgment is contrary to good morals (contra bonos mores)
6
(f)   The foreign law is penal in character
Absence Same
(g)  When application of the foreign law may work undeniable injustice to the citizens of the
forum
7 Lex fori (Article 43, 390, 391, CC;
(h)  When application of the foreign law might endanger the vital interest of the state Presumptive death & survivorship Rule 131 §5 [jj], Rules of Court)
Rules on Marriage as a Contract
2. APPLY FOREIGN LAW – when properly pleaded and proved
THEORIES WHY FOREIGN LAW SHOULD BE GIVEN EFFECT FACTUAL SITUATION POINT OF CONTACT
1. Theory of Comity – foreign law is applied because of its convenience & because we
want to give protection to our citizens, residents, & transients in our land Lex loci celebrationis is without
2. Theory of Vested Rights – we seek to enforce not foreign law itself but the rights that Celebrate prejudice to the exceptions under
have been vested under such foreign law; an act done in another state may give rise to d Abroad Articles 25, 35 (1, 4, 5 & 6), 36, 37 &
the existence of a right if the laws of that state crated such right. 38 of the Family Code (bigamous &
3. Theory of Local Law– adherents of this school of thought believe that we apply incestuous marriages) & consular
foreign law not because it is foreign, but because our laws, by applying similar rules, Between Filipinos marriages
require us to do so; hence, it is as if the foreign law has become part & parcel of our
local law Between Foreigners Lex loci celebrationis EXCEPT if the
4. Theory of Harmony of Laws – theorists here insist that in many cases we have to marriage is:
apply the foreign laws so that wherever a case is decided, that is, irrespective of the 1. Highly immoral (like
bigamous/ polygamous

2
 marriages)
2. Universally considered
incestuous (between brother-
sister, and ascendants-
descendants)
Apply 1 (b) to uphold validity of
Mixed marriage
National law (Article 21, FC)
PROVIDED the marriage is not highly
immoral or universally considered
Between Foreigners incestuous)
Celebrate
d in RP National law of Filipino (otherwise
Mixed public policy may be militated against)
Marriage by proxy (NOTE: a
marriage by proxy is
considered celebrated where Lex loci celebrationis (with prejudice to
the proxy appears the foregoing rules)
Rules on Marriage as a Status
FACTUAL SITUATION POINT OF CONTACT
National of husband(Note: Effect of
subsequent change of nationality:
1. If both will have a new
nationality – the new one
2. If only one will change – the
last common nationality
3. If no common nationality –
1 Personal rights & obligations nationality of husband at the time
between husband & wife of wedding)
National law of husband without prejudice
to what the CC provides concerning
REAL property located in the RP (Article
80) (NOTE:  Change of nationality has
NO EFFECT. This is the DOCTRINE OF
2 Property relations bet husband & IMMUTABILITY IN THE MATRIMONIAL
wife PROPERTY REGIME)
Rules on Property
FACTUAL SITUATION POINT OF CONTACT
Real property Lex rei sitae (Article 16, CC)
Exception National law of decedent (Article 16
s Successional rights par. 2, CC)
Capacity to succeed National law of decedent (Article.
1039)
Contracts involving real property
which do not deal with the title
thereto
Contracts where the real
property is given as security
Tangible personal property (choses in possession)
1
In General
Exceptions: same as those for
real property
Means of Transportation
Vessels
2 Law of the depot (storage place for
Other means
Things in transitu (these things
3 have a changing status because
they move)
Loss, destruction, deterioration
Validity & effect of the seizure of
the goods
Disposition or alienage of the
goods
The law intended will be the proper
law of the contract (lex loci
voluntantis or lex loci intentionis)
The principal contract (usually loan)
is governed by the proper law oft
the contract – (lex loci
voluntatis or lex loci
intentionis)NOTE:  the mortgage
itself is governed by lex rei sitae. 
There is a possibility that the
principal contract is valid but the
mortgage is void; or it may be the
other way around.  If the principal
contract is void, the mortgage will
also be void (for lack of proper
cause or consideration), although
by itself, the mortgage could have
been valid.
Lex rei sitae (Article. 16, CC)
EXCEPTION: same as those for
real property EXCEPT that in the
example concerning mortgage, the
same must be changed to pledge of
personal property)
Law of the flag (or in some cases,
place of registry)
supplies or resting place)
Law of the destination (Article.
1753, CC)
Locus regit actum (where seized) –
because said place is their
temporary situs
Lex loci volutantis or lex loci
intentionis– because here there is a
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 contract
9 Taxation on the dividends of
  corporate shares Law of the place of incorporation

FACTUAL SITUATION POINT OF CONTACT 10 Taxation on the income from the sale Law of the place where the sale was
of corporate shares consummated
INTangIBLE PERSONAL PROPERTY
(CHOSES IN ACTION)

11
Where debtor may be effectively Franchises Law of the place that granted them
1 Recovery of debts or involuntary served with summons (usually the
assignment of debts (garnishment) domicile)

12 Goodwill of the business & taxation Law of the place where the business is
2 thereto carried on
Lex loci voluntatis or lex loci
Voluntary assignment of debts intentionis(proper law of the contract)
In the absence of a treaty, they are
protected only by the state that granted
Other Theories: themNOTE: foreigners may sue for
1. National law of the debtor or creditor infringement of trademarks and trade
2. Domicile of the debtor or creditor names in the RP ONLY IF Filipinos are
3. Lex loci celebrationis 13 Patents, copyrights, trademarks, granted reciprocal concessions in the
4. Lex loci solutionis trade names state of the foreigners
Wills, Succession & Administration of Conflict Rules
3 FACTUAL SITUATION POINT OF CONTACT
Taxation of debts Domicile of creditor
Extrinsic Validity of Wills

Lex situs of assets of the debtor (for

4 these assets can be held liable for the
Administration of debts debts)
The right embodied in the instrument
(for example, in the case of a Swedish
5 Negotiability or non-negotiability of bill of exchange, Swedish law
an instrument determines its negotiability)
Lex nationalii OR lex domicilii OR RP law
1 (Article 816, CC), OR lex loci
Made by an alien abroad celebrationis(Article 17(1))
2 Lex nationalii OR lex loci
Made by a Filipino abroad celebrationis(Article 815)

In general, situs of the instrument at

6 Validity of transfer, delivery or the time of transfer, delivery or 3 Lex nationalii OR lex loci
negotiation of the instrument negotiation
Made by an alien in the RP celebrationis(Article 817)

7 Effect on a corporation of the sale of  

corporate shares Law of the place incorporation
FACTUAL SITUATION POINT OF CONTACT
Lex loci voluntatis or lex loci intentionis
(proper law of the contract) – for this is
8 Effect between the parties of the sale really a contract; usually this is the Extrinsic Validity of Joint Wills (made in the
of corporate shares place where the certificate is delivered) same instrument)

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1 Lex nationalii (void, even if valid where
Made by Filipinos abroad made) (Article 819)
Valid if valid according to lex
2 domicilii or lex loci
Made by aliens abroad celebrationis (Article 819)
Lex loci celebrationis therefore void
even if apparently allowed by Article
817 because the prohibition on joint
3 wills is a clear expression of public
Made by aliens in the RP policy
Lex nationalii of the deceased –
regardless of the LOCATION &
NATURE of the property (Article 16
Intrinsic Validity of Wills (2))
Lex nationalii of the deceased – not of
Capacity to Succeed the heir (Article 1039)
Revocation of Wills
1 Lex loci actus (of the revocation)
If done in the RP (Article. 829)
If done OUTSIDE the RP
Lex loci celebrationis (of the making of
the will, NOT revocation), OR lex
1. By a NON-DOMICILIARY domicilii(Article 829)
2 1. By a DOMICILIARY of the Lex domicilii (RP law) OR lex loci
RP actus (of the revocation) (Article 17)
Probate of Wills Made Abroad
Lex fori of the RP applies as to the
procedural aspects, i.e., the will must
1 be fully probated here & due execution
If not yet probated abroad must be shown
Lex fori of the RP again applies as to
the procedural aspects; must also be
probated here, but instead of proving
due execution, generally it is enough
to ask for the enforcement here of the
2 foreign judgment on the probate
If already probated abroad abroad
Executors and Administrators
Place where domiciled at death or
1 incase of non-domiciliary, where
Where appointed assets are found
Co-extensive with the qualifying of the
appointing court – powers may only be
exercised within the territorial
jurisdiction of the court
concernedNOTE: these rules also
apply to principal, domiciliary, or
2 ancillary administrators & receivers
Powers even in non-successive cases
Rules on Obligation and Contracts
FACTUAL SITUATION POINT OF CONTACT
Formal or Extrinsic Validity Lex loci celebrationis (Article 17 {1})
Exceptions
1. Alienation & encumbrance of
property Lex situs (Article 16 [1])
Law of the RP (if made in RP
1. Consular contracts consulates)
National law (Article 15) without
prejudice to the case of Insular
Government v Frank 13 P 236, where
the SC adhered to the theory of lex
Capacity of Contracting Parties loci celebrationis
Exception 
Alienation & encumbrance of property Lex situs  (Article 16 {1})
Proper law of the contract – lex
contractus(in the broad sense),
Intrinsic validity (including interpretation of the meaning the lex voluntatis or lex loci
instruments, and amt. of damages for breach) intentionis
Other Theories are:
1. Lex loci celebrationis (defect: this makes possible the evasion of the national
law)
2. Lex nationalii (defect: this may impede commercial transactions)
3. Lex loci solutionis (law of the place of performance) (defect: there may be
several places of performance
4. Prof Minor’s solution:
5. Perfection – lex loci celebrationis
6. Cause or consideration – lex loci considerations
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 7. Performance – lex loci solutionis (defect: this theory combines the defect of the Where the property was unlawfully
others) taken from the victim (not the place to
4 which the criminal went after the
Rules on Torts Theft & robbery commission of the crime)
FACTUAL SITUATION POINT OF CONTACT
Where the object of the crime was
Lex loci delicti (law of the place where the 5 Estafa or swindling thru false received (not where the false
Liability & damages for torts in delict was committed)NOTE:  liability for representation representations were made)
generalNOTE:  The locus delicti (place of foreign torts may be enforced in the RP if:
commission of torts) is faced by the 1. The tort is not penal in character
Conspiracy to commit treason,
problem of characterization.  In civil law 2. If the enforcement of the tortious
rebellion, or seditionNOTE: Other Where the conspiracy was formed
countries, the locus delicti is generally liability won’t contravene our 6 conspiracies are NOT penalized by our (not where the overt act of treason,
where the act began; in common law public policy
laws rebellion or sedition was committed)
countries, it is where the act first became 3. If our judicial machinery is
effective adequate for such enforcement
Rules on Crimes 7
FACTUAL SITUATION POINT OF CONTACT Libel Where published or circulated

Generally where committed (locus
Essential elements of a crime and penalties regit actum) 8 Any place where the offense begins,
Continuing crime exists or continues
Theories as to what court has jurisdiction:
1. Territoriality theory – where the crime was committed
2. Nationality theory – country which the criminal is citizen or a subject
3. Real theory – any state whose penal code has been violated has jurisdiction, 9 Any place where any of the essential
where the crime was committed inside or outside its territory Complex crime elements of the crime took place
4. Protective theory – any state whose national interests may be jeopardized has
jurisdiction so that it may protect itself Rules on Juridical Persons
5. Cosmopolitan or universality theory – state where the criminal is found or which
FACTUAL SITUATION POINT OF CONTACT
has his custody has jurisdiction
6. Passive personality theory – the state of which the victim is a citizen or subject
has jurisdiction Corporations
NOTE:  In the RP, we follow the territoriality theory in general; exception: Article 2, RPC,
stresses the protective theory General rule: the law of the place of
incorporationEXCEPTIONS:
The locus delicti of certain crimes 1. For constitutional purposes –
even of the corporation was
incorporated in the RP, it is nor
Where the victim was injured (not deemed a Filipino corporation &
1 Frustrated an consummated, homicide, where the aggressor wielded his therefore can’t acquire land, exploit
murder, infanticide & parricide weapon) our natural resources, 7 operate
public utilities unless 60% of
Where the intended victim was (not capital if Filipino owned
where the aggressor was situated) – 2. For wartime purposes – we
so long as the weapon or the bullet pierce the corporation veil & go to
2 either touched him or fell inside the the nationality of the controlling
Attempted homicide, etc. territory where he was stockholders to determine if the
corporation is an enemy
Powers and liabilities (CONTROL TEST)
3 Where the illegal marriage was 3. Formation of the corporation Law of the place of incorporation
Bigamy performed (requisites); kind of stocks,
transfer of stocks to bind the
corporation, issuance, amount &

6
 legality & dividends, powers &
duties of members, stockholders
and officers
Validity of corporate acts &
contracts (including ultra
vires acts)
Right to sue & amenability to court
processes & suits against it
Manner & effect of dissolution
Domicile
Receivers (appointment & powers)
NOTE:  Theories on the personal and/or governing law of corporations:
1. Law of the place of incorporation (this is generally the RP rule)
2. Law of the place or center of management (center for administration or siege
social) (center office principle)
3. Law of the place of exploitation (exploitation centre or siege d’ exploitation)
Partnerships
The existence or non-existence of
legal personality of the firm; the
capacity to contract; liability of the
firm & the partners to 3rd persons
Creation of branches in the RP;
validity & effect of the branches’
commercial transaction; & the
jurisdiction of the court
Dissolution, winding up, &
termination of branches in the RP
Domicile
representation is established or where it
exercises its principal functions (Article. 15)
RP law insofar as the assets in the RP are
Law of the place of incorporation & law of concerned can be exercised as such only
the place of performance (the act or Receivers in the RP
contract must be authorized by BOTH
laws) Foundations (combination of capital
independent of individuals, usually not for Personal law of the foundation (place of
profit) principal center of administration)
Lex fori
Law of the place of incorporation provided
that the public policy of the forum is not
militated against
If not fixed by the law creating or
recognizing the corporation or by any other
provision – the domicile is where it is legal
representation is established or where it
exercises its principal functions (Article. 15)
Principal receiver is appointed by the
courts of the state of incorporation;
ancillary receivers, by the courts of any
state where the corporation has assets
(authority is CO-EXTENSIVE) w/ the
authority of the appointing court
The personal law of the partnership, i.e.,
the law of the place where it was created
(Article 15 of the Code of Commerce)
(Subject to the exceptions given above as
in the case of corps.)
RP law (law of the place where branches
were created) (Article 15, Code of
Commerce)
RP law (Article 15, Code of Commerce)
If not fixed by the law creating or
recognizing the partnership or by any other
provision – the domicile is where it is legal