20150173403

1.) The applicable doctrine in this case is Lex Loci Contractus where the law governing
the contract shall refer to the law of the place where the contract was made. In this case,
the contract was entered into by X and Y in Australia. The Australian Law shall govern
the validity, performance and consideration of the contract.

2.)

A. The Divorce of Felipe with Felisa does not automatically entitle Sagundina
successional rights as his lawful wife by reason of an existing valid marriage. At the time
of the finality of the divorce decree, Felipe was no longer a Filipino citizen and is
already a US citizen. However, in order for Felipe to be capable of remarriage, he must
file first apply in the Philippine Courts for judicial recognition of the final divorce decree
that was issued in the United States.

B. With respect to the intrinsic validity of the will, the principle of Lex Nationalii shall
apply to the case. Felipe at the time of his death is already a U.S. Citizen, domiciled in
Los Angeles, California. Therefore, California Law shall apply. As to the extrinsic validity
of the will, the principle of Lex Domicilii shall apply. Extrinsic validity refers to the
forms and solemnities of the will. As to the probate of the will, the law of the forum shall
apply. In this case, where Sagundina filed for the petition for probate of Felipe’s will.

3.) The law applicable in this case is the Philippine law, applying the principle of Lex
Loci Delicti Commissi. Francis Albert, upon breaching his contract of employment
committed a tortious act which was made in Manila. As a general rule, a person’s ability
to act is governed by his personal law. The incapacities attached to his legal status
follows him. The exception to the rule is tortious liability. In this case, the law of the
place of the tort shall apply.

4.) The case filed for patent infringement will proceed. Under the Intellectual Property
Law, the Paris Convention gives recognition of affording protection of Industrial
Property which the Philippines adheres thereto provided that it can be established by
Seri’s Choice that South Korea is also a signatory to such convention. In such case,
international comity shall be observed giving reciprocity of protection to the fellow
signatories.