COGNOVIT – confession of judgment 3.

Forum has not particular interest in

whereby a portion is confesssed by the the case
defendant and denies the rest thereof 4. Speedy disposition of cases may be
hampered especially if the court
- Note authorizing a lawyer for dockets are clogged
confession of judgment 5. Difficulty in ascertaining the
applicable law
6. Filing of a suit might be a form of
Borrowing Statute – laws of the state and forum shopping to secure procedural
the jurisdiction used by another state in advantage
deciding the conflicts questioned involved
in the choice of law. Assume jurisdiction

Characterization – process of assigning a Determine the applicable by:

disputed question to its correct legal 1. Characterization
category  Identification of issues
 Pinpointing the branch of law
Forum Non-conveniens – a court may implicated by the problem
refuse impositions on its jurisdiction where  Determining the existence of conflicts
it is not the most convenient or available of law problem by the presence of a
forum, and the parties are not precluded foreign element
from seeking remedies elsewhere  If there is a foreign element, then
employ the applicable conflicts of law
Long arm statute – a legislative act which doctrine
provides personal jurisdiction, by  If there is none, then apply the law,
substituted service or process, over persons rules and jurisprudence of the forum
or corporationa, which are non-residents of
the State Choice of law analysis
- Refers simply to authorized A. Determine whether the conflicting laws
substituted service are substantive or procedural
B. Classify the substantive area of law,
applicable to the conflicting laws, as
each area has its own choice of law
provisions
When Forum non-conveniens is available as C. Court must apply the appropriate
a defense to dismiss a case: analytical provisions to the conflict
1. Evidence and witnesses are not
readily available in the forum 2. Connecting Factors
2. Inadequacy of local judicial  Analysis is to be made with respect to
machinery to effectuate the right to which jurisdiction has the most
be enforced connection to the case
  Nationality
 Location of the act or event
 Terms of agreement or contract
 Other matters
- To determine what legal system
between two or more legal systems is
applicable
Choice of law – parties are free to stipulate
the applicable law that will govern their
contractual relations. It is not necessary
that the chosen law be the local law, so long
as choice of law does not violate the public
policy or laws of the forum
Art. 15.
Laws relating to family rights and duties,
status, condition and legal capacity of
persons are binding upon citizens of the
Philippines, even if living abroad.
Art. 16
Real property, as well as persona property,
is subject to the law of the country where it
is situated.
Intestate and testamentary succession with
respect to the order of succession, amount
of successional rights and intrinsic validity
of testamentary provisions shall be
regulated by the national law of the person
whose succession is under consideration,
whatever may be the nature of the property
and regardless of wherever it may be found.
Art. 17
The forms and solemnities of wills,
contracts and other public instruments shall
be governed by the laws of the country in
which they are executed.
Prohibitive laws concerning persons, their
acts or propety, and those which have for
their object, public order, public policy and
good customs, shall not be rendered
effective by the laws or judgments
promulgated or by the determinations or
conventions agreed upon in a foreign
country.
RENVOI
 Relevant in cases where one country
applies the national theory while the
other applies the domiciliary theory
 Issue: which laws of the two
countries should apply
Renvoi – when a local law requires the
forum court to apply the foreign law to the
case in dispute. The foreign law, in turn,
directs the application of the laws of the
forum court to the case under
consideration. There is reference back to
the local laws.
To solve the problem of renvoi and put an
end to the endless reference to two laws,
the local court must, after looking into the
conflicts of law rules of the foreign state,
apply the directive of the latter. If the
directive is to apply the local laws, the court
must follow to put an end to the endless
throwing back of the case.
Nationality vs. Domiciliary Theory
Domiciliary theory – posits that the
personal status and rights of a person are
governed by the law of his domicile or the
place of his habitual residence.
Nationality Theory – postulates that it is
the law of the person’s nationality that
governs such status and rights.
PUBLIC POLICY
Each forum considers certain values to be of
highest import to them. In the Philippines,
protection to labor is considered to of
highest import. If a case implicates a foreign
law which is prejudicial to the the interest
of labor, the courts are quick to strike down
the foreign law in favor of the applicability
of the local law.
The courts of the forum will not enforce a
foreign claim which is obnoxious to the
forum’s public policy.
when the foreign law, judgment or contract
is contrary to a sound and established
public policy of the forum, the said foreign
law, judgment order shall not be applied.
Prohibitive laws concerning persons, their
acts or propety, and those which have for
their object, public order, public policy and
good customs, shall not be rendered
effective by the laws or judgments
promulgated or by the determinations or
conventions agreed upon in a foreign
country.
Local laws shall apply in the following:
1. Specific law of the forum decrees
2. Processual presumption directs its
application
3. When foreign law cannot and should
not be applied:
a. Contrary to public policy
b. Penal in nature
c. Procedural in nature
d. Purely fiscal and administrative in
nature
e. Case involves property located in
the forum
f. Its application will endanger
foreign relations and vital state
interest
g. Its application will cause undenial
justice
h. Contra bonos mores
4. Issues are procedural in nature
5. Law of the state of the most
significant relationship
6. Court accepts renvoi
FOREIGN LAW WILL APPLY:
1. Specific law of the forum decrees that
the proper foreign law should apply
2. When another state has the
dominant interest in the particular
act or event, its laws should be
applied
 Compare the laws and the interests
of the two states and determine if
there is a real conflict, if a real
conflict exists, apply the laws of the
state whose interest is more
impaired.
PROCESSUAL PRESUMPTION

Failure to prove the foreign law will result
to the exclusion of the foreign law and a
presumption will arise that the foreign law
is the same as the local law.
Under the rule of FORUM NON-
CONVENIENS, it is not the most convenient
forum as all incidents of the case happened
outside the Philippines.
 Neither parties are doing business in
the Philippines
 Contracts were not perfected in the
Philippines
 Law of the place where the contract
is made shall apply
 Even if a proper decision could be
reached it would not be binding upon
the parties because the court was not
able to acquire jurisdiciton over their
corporations
HK nationals – first cousins – married (valid
under the laws of Hongkong and MNS
state)
- Their status will not be affected by
Philippine laws.
- Being foreigners, their status and
rights are governed by the laws of HK
of which they are citizens.
- Since their marriage is valid in HK,
then it shall be valid and respected in
the Philippines
SIGNIFICANT RELATIONSHIP THEORY
Using this theory, the contacts significant to
the Philippines are:
 Place of business is in the Philippines
 Employee concerned is a Filipino
 Suit was filed in the Philippines
Justifying the application of the Philippine
law.
Each forum considers certain values of
highest import and in the Philippines,
protection to labor is considered to be of
highest import. If a case implicate a foreign
law which is prejudicial to the interest of
labor, the court is quick to strike down the
foreign law in favor of the applicability of
the law of the forum.
Recovery of Damages
- Breach of contract of carriage
- Philippine law shall govern because it
is the law of the place where the
tickets were bought and the contract
of carriage was executed.
All marriages solemnized outside the
Philippines in accordance with the laws in
force in country where they are solemnized
and valid there as such, are also valid in the
Philippines.
Joint will – valid
- Spouses were no longer Filipino
citizens when the joint will was
executed
- The prohibition under the Civil Code
will no longer apply.
- As long as the will is executed in
accorance with the law of the place
where they reside or the law of the
country of which they are citizens
A will executed by an alien is considered
valid in the Philippines.
Depecage
- Process of applying the rules of
different states on the basis of the
precise issue involved.
- Conflict of laws where different issues
wihtin a case may be governed by the
laws of different states.
Romero vs.