1.

INTRODUCTION; DEFINITION AND CONCEPTS

A. Paras - pp. 1-99

CHAPTER 1

Definition of Conflict of Laws

● Westlake: “Private international Law is that department of national law which arises from the fact that there are in the world different territorial jurisdiction possessing
different laws.”

○ Suggested: “CONFLICT OF LAWS (OR PRIVATE INTERNATIONAL LAW) IS THAT PART OF THE MUNICIPAL LAW OF A STATE WHICH DIRECTS ITS COURTS
AND ADMINISTRATIVE AGENCIES, WHEN CONFRONTED WITH A LEGAL PROBLEM INVOLVING A FOREIGN ELEMENT, WHETHER OR NOT THEY
SHOULD APPLY A FOREIGN LAW OR FOREIGN LAWS.

4 Important Elements of Conflict of Laws

● Conflict of laws is part of the municipal law of a state;

○ Each state has also its own conflict of laws.
○ Since the subject is “part of municipal law,” it is NOT international in character.
■ It is given the appellation of INTERNATIONAL LAW because of the presence of a FOREIGN element in a given problem.
● There is a directive to courts and administrative agencies;
○ Judicial tribunals of a country: Ultimately are called upon to decide or resolve “conflicts” problems.
○ Administrative agencies of the state which decide PRELIMINARILY a given controversy involving a foreign factor:
■ Department of Foreign Affairs,
■ Bureau of Immigration,
■ Securities and Exchange Commission, among others;
● There is a legal problem involving a foreign element;
○ A “foreign element” has to be present before the matter can be considered a “conflicts” problem.
○ Minor: “… if the transaction in question arises wholly within a single state, all the parties interested having been, and continuing to be, domiciled and actually
present there (and we may add, all nationals of the very same state), the question being raised there also, no foreign element exists to cause any interference with
the usual and regular enforcement of the domestic municipal law by the domestic tribunals. There is no room in such case for the application of the rules of Private
International Law.”

○ Cheshire: “… the moment a case is seen to be affected by a foreign element, the court must look beyond its own internal law, lest the relevant rule of the internal
system to which the case most appropriately belongs, should happen to be in conflict with the forum. Private International Law comes into operation, therefore,
whenever the Court has a suit before it that contains a foreign element.”

● There is either an application or a non-application of a foreign law or foreign laws.

○ The solution to “conflicts” problems over which Philippine courts may have jurisdiction will have to be found in the application of either the LOCAL law or FOREIGN
law.

■ The latter alternative becomes particularly urgent when our own law, by reason of justice or convenience or plain common decency, commands our
tribunals to apply the law or laws of a foreign state.

■ “Foreign System of Law” may include not only the law of foreign states but also the law of political subdivisions which have their own legal system (e.g.
insofar as the state of California is concerned, the laws of New York, Hawaii, or Texas are “foreign law”).

■ Minor: “… when effect is given to a foreign law in any territory, it is only because the municipal law of that state temporarily abdicates its supreme authority
in favor of the foreign law, which for the time being, with reference to that particular matter, becomes itself, by will of that state, its municipal law.”

Importance of Conflict of Laws

● In order to adjust conflicting rights in international, mercantile, and corporate transactions; and
● To solve personal, family, property, and successional, contractual problems, possessed of facts or elements operating in two or more states.
Examples of Diversity in Laws and Interpretations

● In the matter of:

○ Wills
○ Marriage
○ Divorce
○ Income tax Exemptions
Scope and Functions of Conflict of Laws

● Cheshire: “Three-fold functions of Conflict of Laws”

○ The prescribe the conditions under which the court is competent to entertain such a suit;
■ The determination of which country has jurisdiction.
■ The question of JURISDICTION.
○ To determine for each class of cases the particular territorial system of law by reference to which the rights of the parties must be ascertained;
■ The applicability to a particular case of either the local or the foreign law.
■ The question of CHOICE OF LAW.
○ To specify the circumstances in which a foreign judgment can be recognized as decisive of the question in dispute.
■ The determination of the force, validity, and effectiveness of a foreign judgment.
■ The question of APPLICABILITY OF A FOREIGN JUDGMENT.
Conflict of Laws and the Law of Nations (Public International Law) Distinguished

● Dualist
○ The majority opinion.
○ The two subjects are worlds apart, at least insofar as the below-mentioned distinctions:

CONFLICT OF LAW BASIS LAW OF NATIONS

Municipal in character Nature International in character

Dealt in by private Persons Involved The parties involved are

individuals sovereign states and
other entities possessed
of an international
personality, such as the
UN

Transactions are private Transactions Involved Transactions are entered

ones between private into which generally affect
individuals public interest; those
which in general are of
interest only to sovereign
states

The remedy here is to Remedies or Sanction The remedies may be

resort to municipal peaceful or forcible.
tribunals Peaceful remedies
include: diplomatic
negotiation, tender and
exercise of good offices,
mediation, inquiry and
conciliation, arbitration,
judicial settlement by the
ICJ, reference to regional
agencies such as the
Organization of American
States, reference to the
UN itself.

Forcible remedies
include: severance of
diplomatic relations,
retorsions, reprisals,
embargo, boycott, non-
intercourse, pacific
blockades, collective
measures under the UN
Charter, and war
 ○ Private and Public International Law are in essence identical for both of them manifest a single concept of law, ultimately addressed to the same individual.
○ States, the adherents of this school maintain, can act only through individuals: what can bind individuals must, therefore, necessarily bind also the respective states
to which they belong.

● Cases of overlap between subjects

○ Questions of citizenship and nationality
■ As part of the Law of Nations
● A state’s observance of it depends primarily on the actuations of the citizenry.
■ As part of Conflict of Laws
● It is the law of the citizenship or the law of the nationality that should govern a person’s capacity and status.
○ Should there be a treaty obliging a state to apply foreign law to certain cases, the state is of necessity compelled to abide by such treaty.
○ If State A should recognize the government of State B, the latter is automatically given permission to sue in the courts of the former.
Donald Baer Commander US Naval Base, Subic Bay vs. Hon. Tito V. Tizon

If a Filipino is granted a timber license may he conduct a logging operation within a US Military Base when the US Base Commander refuses to grant him permission to do
so?

NO, he cannot. To sue a Base Commander would amount to a suit against the US Government. This cannot be done because of the principle of state immunity from suit.
The Base Commander does NOT possess diplomatic immunity, but here the suit is not actually against him, but against the US Government, which merely acted on the basis of its
treaty stipulations with our Republic.

Southeast Asian Fisheries Development Center Aquaculture Department vs. NLRC

Permanent international commissions and administrative bodies have been created by the agreement of a considerable number of States for a variety of international
purposes, economic or social and mainly non-political.

Among the notable instances are:

● International Institute of Agriculture

● International Danube Commission
Insofar as they are autonomous and beyond the control of any one State, they have a distinct juridical personality independent of the municipal law of the State where they
are situated. As such, they must be deemed to possess a species of international personality.

Sources of Conflict of Laws

● Direct Sources
○ Constitutions
■ Art. IV, 1987 Constitution
■ Art. XII, Sec. 2, 1987 Constitution
○ Codifications
■ Civil Code of the Philippines
■ Philippine Code of Commerce
■ French Napoleonic Code of 1804
■ Civil Code of Greece of 1940
■ Civil Code of Switzerland of 1907
○ Special laws
■ Corporation Code
■ Insurance Act
■ Patent Law
■ PD on Intellectual Property
■ Nationalization of the Retail Trade Act
■ Omnibus Investments Code
■ Foreign Investments Act
■ Central Bank Act
○ Treaties and Conventions
 ■ European Hague Conventions of 1896, 1902, and 1905
■ Geneva Conventions of 1823, 1926, 1930, and 1931
■ Treaties of Montevideo of 1899 (revised in 1940)
■ Codigo Bustamante of 1898
○ Judicial Decisions
■ Art. 8, Civil Code
○ International Customs
■ “Lex situs” – the law of the place where the property is situated
■ “Lex loci celebrationis” – the law of the place of celebration or execution
■ “Lex nationalii or lex domicilii" – the national law or the domiciliary law
■ “Territoriality” – the place where the crime has been committed has jurisdiction to try the offense that has been committed
■ “Generality” – the criminal laws bind both the citizens and the aliens who are in the said country or territory
● Exceptions:
○ Principles of public international law – e.g. immunities granted to diplomatic officials and visiting heads of foreign states provided that the
latter does not travel incognito and without knowledge of the state (however, once identity is later revealed, immunity is given)

○ Presence of treaty stipulations – e.g. Philippines-US Military Bases Agreement of 1947 (… the grant of bases necessarily includes the
waiver of jurisdiction within the terms “necessary appurtenances to such bases, and the rights incident thereto”)

● Indirect Sources
○ Natural Moral Law
■ Rule of human conduct implanted by God in our nature and in our conscience, urging us to do whatever is right and avoid what is evil.
○ Works of writers
■ Westlake,
■ Cheshire, and
■ Minor, among others

Chapter 2: What the Tribunals of the Forum Must Do

Alternatives given to the Court
Whenever a conflicts problems arises, the court is primarily confronted with the question of jurisdiction.
The Court either:

1. Refuses to assume jurisdiction based on forum non conveniens; or

2. Assumes jurisdiction, applying either:
a. Internal law of the forum (lex fori); or
b. Foreign law (lex causae)
Question of Jurisdiction

Jurisdiction -> authority of a tribunal to hear and decide a case, includes power to
enforce judgements

Conflict of Laws Jurisdiction -> power of the state to create legal interests which
other states will recognize and enforce

The court of the forum whether jurisdiction is present, using the law of the forum as the yardstick for determining the same.
Kinds of jurisdiction:

1. Over the subject matter

a. The authority of a court to hear and decide cases of the general class to which the proceedings in question belong
b. Conferred by the law, as well as the allegations in the petition/complaint
2. Over the person
 a. Power of a court to render a judgement that will be binding on the parties involved
b. Modes of acquiring jurisdiction over the person:
i. Plaintiff - filing of the petition/complaint
ii. Defendant - voluntary appearance or personal/substituted service of summons
3. Over the res
a. Jurisdiction over the particular subject (thing) in controversy

Gemperle First case: Raul, through wife and atty. in fact, Helen, filed a
v. Schenker complaint against Gemperle.
Second case: As a consequence of this suit, Gemperle sued
the couple for damages.
The summons in the second case was served in the PH
personally only on Helen, since the husband is a resident of
Switzerland.

SC held that there was jurisdiction over the person of Raul

since Helen was his atty in fact in the first case which was
connected to the second case..

Vitiated Personal Service of Summons

1. By Fraud
a. Fraud by plaintiff in service of summons in an action in personam - court does NOT acquire jurisdiction
b. Fraud by no fault of plaintiff - the court acquires jurisdiction
2. By Force
a. Legal force, such as extradition - court acquires jurisdiction
b. Illegal force, such as kidnapping - no jurisdiction
Repercussions of submission to jurisdiction

1. By plaintiff
a. Subject to any set-offs, counterclaims, cross-claims, etc
b. Having chosen a particular forum and a particular judicial machine, plaintiff has to accept the entire machine conpletely.
2. By defendant
a. Subject to the court’s jurisdiction as to all subsequent matters in the same suit, NOT as to an entirely different action
Continuing Jurisdiction Even if the Defendant Leaves

- Even if defendant leaves the state of the forum prior to the final determination of the suits, the jurisdiction over him that had been previously acquired continues.
Refusal to Assume Jurisdiction
Reasons often given for refusal to assume jurisdiction is that to do so would prove inconvenient for the forum (forum non conveniens):

1. Evidence and witnesses may not be readily available

2. Court dockets are clogged
3. Forum-shopping
4. Forum has no particular interest in the case, such as when the subject of the litigation had evolved somewhere else
5. Other courts are open
*However, the doctrine of forum non conveniens should generally apply only if the defendant is a corporation. It may be difficult for the proper forum to acquire jurisdiction over an
individual, thus leaving the plaintiff without any remedy.
Application of the Principle

1. If neither plaintiff, defendant, or cause of action is related to the forum

2. If the litigation can be more appropriately be conducted in a foreign tribunal
 Heine v. NY The case involved a dispute where the cause of action did not arise in
Insurance Oregon, witnesses were not residents of oregon, records of parties are
not in Oregon, plaintiffs were citizens of Germany and defendant was a
NY corporation, and the Courts of NY and Germany were open. SC
ruled that an Oregon Court can validly refuse to assume jurisdiction on
the ground of forum non conveniens.

Application of the Internal or Domestic Law

Instances when a forum should apply domestic law (lex fori):

1. When the law of the forum expressly so provides in its conflicts rules; e.g.:
a. The estate of a Filipino with a foreign child will be distributed in accordance with PH law
b. Capacity of foreign child to inherit from Filipino father is governed by PH law
c. Revocation in the PH of a will executed by an alien abroad must comply with formalities of PH law
2. When the proper foreign law has not been properly pleaded
a. There is no judicial notice of any foreign law. Such must be properly pleaded and proved as a fact.
b. Our courts will presume that the foreign law is the same as our local or domestic law.

PH Trust v. Nevada law was properly presented in the probate of a

Bohanan will made by a Nevada citizen, but was not presented in
the partition of the estate. SC ruled that in view of the
prior satisfactory proof in the probate, there is no need
to present the Nevada law in the partition proceedings.

​Proof of Foreign law

A. Written law
a. Official publication thereof;
b. Copy attested by the officer having legal custody of the record, or by his deputy, and accompanied with a certificate that such officer has custody.
Certificate may be made by a sec. of the embassy or a legation, consul general, consul, vice-consul, or consular agent, or by any officer in the foreign
service of the PH

Fluemer v. A copy of a West Virginia Law found in a book in

Hix the PH Nat’l Library with a certificate signed by
the Director of the Nat’l Library was not
sufficient to proof of said law. There was no
proof that the book where the law was found
was an official publication of the State of West
Virginia, no certification by the officer having
custody of the original, and no proof that the law
was still in force.

B. Unwritten law
a. Oral testimony of expert witnesses
b. Printed and published books of reports of decisions of the country involved, if proved to be commonly admitted in such courts
​ ​ ​
In re: Testate Written answers of the Chinese consul-
Estate of general to certain written questions, which
Suntay were presented to prove Chinese law, was
held not sufficient to prove such law because
the Chinese consul-general is not
necessarily an expert on the matter.
 *Foreign law must receive the same interpretation given to saif law by the foreign tribunals. ​
EXC: if somewhere in our laws we find a statute WORDED
IDENTICALLY, we cannot be blamed if we disregard the foreign interpretation and use our own previous interpretation of the same.

3. When the case involves any of the exceptions to the application of the proper foreign law (or comity):
a. When the foreign law, judgement, or contract is contrary to a sound and established public policy of the forum
i. Public Policy -> manifest will of a state, that which it desires on account of its own fundamental principles of justice, its own conception of morals, and its
deep-rooted traditions for the common-weal

ii. If we already have a conflicts rule about a matter, this rule is the expression of our public policy
iii. If we do not have a conflicts rule, the mere fact that a foreign law is different from our own internal law on the matter does not mean that said foreign law
is contrary to our public policy.

Querubin v. Querubin An American lady (who was an

adulterer) caused the
amendment of her divorce
decree with a Filipino, granting
the custody of their child to her.
She filed a habeas corpus case
in the PH seeking enforcement
of this amendment. The SC
ruled that she should not be
given custody since according
to PH law, a guilty spouse
generally loses parental
authority.

b. When the foreign law, judgement, or contract is contrary to almost universally conceded principles of morality (contra bonos mores)
i. Examples are prostitution, contracts to corrupt the fair administration of justice, agreements to reward crime, human slavery, and involuntary servitude.
c. When the foreign, law, judgement, or contract involves procedural matters
i. There are no vested rights in rules of procedure.
d. When the case involves penal laws, judgements, contracts
i. Criminal statutes and judgements concerning injustice against the general public are no doubt penal.
ii. If what is sought to be corrected is merely an injustice against a particular individual, the “penalty” is not penal. (e.g. penalty clause in Ks)
e. When the case involves purely fiscal or administrative matters
i. A tax liability does not arise from a K entered into with the government concerned: it is a unilateral demand.
ii. The admin codes of alien governments are of no use, we cannot be expected to assist in the implementation of foreign governmental functions.
f. When the application of the foreign law/judg./K may work undeniable injustice to the citizens or residents of the forum
i. Example: In state Y, a 15 yr old boy validly enters into a K with another in the said state. If we assume the contract to be binding on the boy, we shall be
doing violence to our sence of justice. (since 18 is the age of majority in PH)

g. When the application of the foreign law/judg./K may work against the vital interests and national security of the state of the forum
i. Any foreign law/judg./K that may result in the undermining of our governmental processes will obviously be refused enforcement in our forum.
h. When the case involves real or personal property situated in the forum
i. Real Property
1. Follow the rule of LEX SITUS
2. The land is part and parcel of our country, and to apply foreign law to it would generally render nugatory our own territorial sovereignty.
ii. Personal Property
1. Rule used to be MOBILIA SEQUUNTUR PERSONAM, the thing follows the law of the owner.
2. However, now that there has been a great increase in the amount and variety of personal property not immediately connected with the person of
the owner, Congress of the PH deemed it advisable to adopt the doctrine of LEX SITUS or LEX REI SITAE in case of movables.
 CHAPTER 3 – THEORIES ON WHY THE FOREIGN LAW MAY IN SOME CASES BE GIVEN EFFECT

1. Theory of Comity – because of the foreign law’s convenience to give protection to our citizens, residents, and transients in our land

● Comity – recognition which one nation allows within its territory, to the legislative, executive, or judicial acts of another nation, having due regard both to international duty
and convenience, and to the rights of its own citizens, of other persons who are under the protection of its laws

○ Neither a matter of absolute obligation nor of mere courtesy and goodwill

● Defects:
○ Presupposes the existence of an international duty; there is no such duty
○ Assumes (minimally) a desire to show courtesy to other states; this is not true. The real reason for the application of the proper foreign law is the avoidance of
“gross inconvenience and injustice to litigants.

○ Leaves the application of the foreign law to the discretion of the forum – prevents the adoption of definite rules and principles for Conflicts of Laws
● Justification of the theory
○ No law has any effect, of its own force, beyond the limits of the sovereignty from which its authority is derived. Only by “comity of nations” may the enforcement of
foreign laws and judgments be allowed.

○ The recognition of foreign laws cannot be claimed as a right, but only as a favor or courtesy. Comity, being voluntary and not obligatory, rests in the discretion of the
tribunals of the forum, and is governed by certain more or less recognized rules.

● Kinds of Comity
○ Based on reciprocity - if the laws and judgments of the forum are recognized in a foreign state, the forum in turn will recognized those from the foreign state
○ Based on the persuasiveness of the foreign judgment - if the forum is persuaded that the judgment is meritorious and has been rendered by a court of competent
jurisdiction

● Hilton v. Guyot
○ Frenchman sued an American in France and won. A suit was filed in USA to enforce where the court discovered that the French trial was fair and impartial but that
French courts do not give full credence to American courts’ decisions.

○ ISSUE: Should the American court enforce the French judgment?

○ NO, applying reciprocity since French tribunals do not regard American decisions with finality, even though the American courts had jurisdiction and that there had
been a fair and impartial trial.

● Johnston v. Companie Generale Transatiantique

○ American sued a French corp. in France and lost. He tried again in an American court but the latter found the French decision to be a final judgment on the merits
and devoid of fraud.

○ ISSUE: Will the French ruling be enforced in America?

○ YES, upon the persuasiveness of the foreign judgment. When the facts of the whole appear to have been inquired into by the French courts, judicially, honestly,
and with full jurisdiction and with the intention of arriving at the right conclusion, and when they have heard the facts and come to a conclusion, it shall no longer be
open to a party invoking the foreign court against a resident of France to ask the American court to sit as a Court of Appeal from that which gave the judgment.
The principles of comity should give conclusiveness to such a judgment as a bar to the present action.

2. Theory of Vested Rights - what is sought to be enforced is not the foreign law itself, but the rights that have been vested under such foreign law

● Justification
○ Rights once vested under the law continue until destroyed or cut off by law.
○ Such rights are recognized and enforced in one state though they have come into being in another, unless such enforcement is for good reason, though contrary to
the public policy of the jurisdiction where enforcement is sought.

● Basis
○ Territoriality - a judge cannot directly recognize or sanction foreign laws and judgments; it is his own territorial law which must exclusively govern all problems
demanding his decision

○ Extraterritorial effect is given not to foreign laws and judgments but merely to the rights they have created.
● Loucks v. Standard Oil Co. of New York
○ The administrators of Loucks’ estate sued in NY to recover damages on the basis of a Massachusetts (where Loucks was killed by defendant’s driver) statute
granting a monetary award in a case like this.

○ ISSUE: May the NY court award damages based on such law?

○ YES because the vested right created under the Massachusetts law should be recognized and rendered efficacious in NY. Nothing in such law outrages the public
policy of NY. Rights lawfully vested shall be everywhere maintained.

● Defects
○ While they do not really apply the foreign law but merely enforce the vested rights created by said law, they implicitly recognize the foreign law for how else can
they determine the vesting of rights.

○ Based on a mistaken notion of “territoriality” since territorial law means not only the internal law of the territory but also its conflicts rules
 ○ Sometimes the problem is W/N to apply certain foreign disabilities
3. Theory of Local Law - we apply foreign law not because it is foreign, but because our own rules by applying similar rules require us to do so: hence, it is as if the foreign law has
become part of our own local law

4. Theory of Harmony of Laws - we have to apply the foreign law so that wherever a case is decided, irrespective of the forum, the solution should approximately be the same:
thus, identical or similar problems must have identical or similar solutions anywhere.

- When the goal is realized, there will be harmony of laws.

5. Theory of Justice - purpose of all laws is the dispensing of justice

● Criticism
○ Every man has his own notion of fairness and equity: to leave the adjudication of conflicts problems to the varying whims of judicial fancy may in itself symbolize
the highest form of injustice.

The Right Theory

● The theories do not mutually exclude one another: perhaps, the truth may be found in their combination.

CHAPTER 4 - THE NATURE AND PROOF OF FOREIGN JUDGMENTS

Nature of Foreign Judgments - ordinarily, may be enforced only within the territory of the tribunal issuing it; does not of itself have any extra-territorial application

Recognition
our courts will allow the foreign
judgment to be presented as a defense
to a local litigation
involves the sense of justice
not require action or special proceeding
may exist without enforcement
proof of the foreign judgment has to be presented
Enforcement
when a plaintiff wants the court to
positively carry out and make effective
in the Phils a foreign judgment
implies a direct act of sovereignty
necessitates a separate action or
proceeding brought precisely to make
the foreign judgment effective
necessarily carries with it recognition

requisites for the recognition or enforcement must be present

Why not all foreign judgments can be recognized or enforced in our country

● the requisite proof may not be adequate

● they may contravene our established public policies
● they may contradict one another
● in some countries the administration of justice may be shockingly corrupt
Requisites before foreign judgments may be recognized and enforced here

1. proof of the foreign judgment

2. the judgment must be on a civil or commercial matter
3. no lack of jurisdiction, no want of notice, no collusion, no fraud, no clear mistake of law or fact
○ fraud here means extrinsic fraud (based on facts not controverted or resolved in the case where the judgment was rendered)
○ intrinsic fraud (which goes to the very existence of the cause of action) is deemed already adjudged
○ as to clear mistake of law or fact - this alone will not prevent the recognition or the enforcement of a foreign judgment which otherwise fulfills all the other requisites
4. judgment must not contravene a sound and established public policy of the forum
5. judgment must be res judicata in the state that rendered it
○ judgment must be final
○ court rendering it must have jurisdiction over the subject matter and the parties
○ judgment must be on the merits
○ there must be identity of parties, of subject matter, and of cause of action
Rules of Court, Sec. 50 - Effect of foreign judgments. The effect of a judgment of a tribunal of a foreign country, having jurisdiction to pronounce the judgment is as follows:

(a) In case of a judgment against a specific thing, the judgment is conclusive upon the title to the thing;
(b) In case of a judgment against a person, the judgment is presumptive evidence of a right as between the parties and their successors-in-interest by a subsequent title; but
the judgment may be repelled by evidence of a want of jurisdiction, want of notice to the party,collusion, fraud, or clear mistake of law or fact.

Whose judgment is really enforced

● When our courts enforce a judgment by allowing it, the effect is that it is really our own court’s judgment that we enforce.
CHAPTER 5

Nature of Conflict Rules

● Definition: Conflicts rules (or rules of Private International Law) are the provisions found in a country’s own law which govern factual situations possessed of a foreign
element.

○ Falconbridge: “… a conflict rule of the forum, as distinguished from domestic or local rule of the law of the forum, is usually expressed in the form of an abstract
proposition that a given legal question is ‘governed’ by the ‘law’ of a particular country, which is to be ascertained in the manner indicated in the rule.”

● Examples:
○ Art. 815, Civil Code
■ When a Filipino is in a foreign country, he is authorized to make a will in any of the forms established by the law of the country in which he may be. Such
will may be probated in the Philippines.

○ Art. 1039, Civil Code

■ Capacity to succeed is governed by the law of the nation of the decedent.
○ Art. 1753, Civil Code
■ The law of the country to which the goods are to be transported shall govern the liability of the common carrier for their loss, destruction or deterioration.
● Compared with Purely Internal Rules
○ A purely internal rule governs a purely domestic problem, one without any foreign element;
■ Directly answers a given problem.
○ A conflicts rule applies when the factual situation involves a foreign element.
■ Merely indirectly responds by indicating whether internal or foreign law is to be applied.
Kinds of Conflicts Rules

● The One-Sided Rule (Unilateral Rule)

○ Art. 15, Civil Code
■ Laws relating to family rights and duties, or to the status, condition and legal capacity of persons are binding upon citizens of the Philippines, even though
living abroad.

○ NOTE: Under this Article, the capacity, etc. of a Filipino shall be governed generally by Philippine law; what law governs the capacity, etc. of a German? This is
NOT expressly answered by the Article.

● The All Sided-Rule (Multilateral Rule)

○ Art. 16, par. 2, Civil Code
■ However, intestate and testamentary successions, both with respect to the order of succession and to the amount of successional rights and to the
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 the country wherein said property may be found.

○ NOTE: Under this Article, if the deceased is a German, German law governs; if a Cuban, Cuban law governs, and so forth. Clearly, the Article is ALL SIDED.
Observation:

​ Art. 15 is literally one-sided; nonetheless, the SC has invariably given it a more extensive application and today, by JUDICIAL CONSTRUCTION, it has become an
all sided conflicts rule.

​
Analogy, reciprocity, and convenience are the reasons for this interpretation. Thus, the status, capacity, etc. of foreigners are generally governed by their own
national law.
Composition of Conflicts Rules

● The Factual Situation

○ The set of facts presenting a conflicts problem.
● The Point of Contact/The Connecting Factor
○ The law of the country with which the factual situation is most intimately connected.
Rabel: “… the first part of the rule defines its object, that is, certain operative facts, the legal consequences of which are determined in the second part. From another point of view,
the first part RAISES, and the second part ANSWERS a legal question.”
 ● Examples:
○ In the conflicts rule “capacity to succeed is governed by the law of the nation of the decedent.” (Art. 1039, Civil Code):
■ “The capacity to succeed” is the FACTUAL SITUATION
■ “The law of/or the nation itself of the decedent” is the POINT OF CONTACT
○ In the conflicts rule “the law of the country to which the goods are to be transported shall govern the liability of the common carrier for their loss, destruction, or
deterioration.” (Art. 1753, Civil Code)

■ “The liability of the common carrier for their loss, destruction, or deterioration” is the FACTUAL SITUATION
■ “The law of the country to which the goods are to be transported” is the POINT OF CONTACT

CHAPTER 6 - THE CHARACTERIZATION OF CONFLICTS RULES

Characterization - process of determining under what category a certain set of facts or rules fall

- doctrine of qualification
- ultimate purposes is to enable the forum to select the proper law
Factors which give rise to the problem of characterization

1. Different legal systems attach to the same legal term with different meanings
2. Different legal systems may contain ideas or conceptions completely unknown to one another
3. Different legal systems apply different principles for the solution of problems which are of a common nature
Steps in characterization

1. Characterization of the questions

2. Selection of the proper law
3. Application of the proper law
Steps in the application of the proper foreign law

1. Determination of the facts involved - if no foreign element is involved, problem in Conflict of Laws arises
2. Characterization of the Factual Situation - assigning of the proven facts into their particular category
a. absent an express conflicts rule, the characterization of the forum should be adhered to
b. if there is an express conflicts rule, abide by such characterization
3. Determination of the conflicts rules which is to be applied - the conflicts rule of the forum should indubitably be applied since this is precisely the purpose of a conflicts rule
and at this stage, we still have to ascertain the precise foreign country that has the nearest connection with the facts

4. Characterization of the point of contact or the connecting factor

a. in case of doubt, the characterization of the forum must certainly prevail
b. exceptions:
i. problem deals with real or personal property - law that should apply is the lex situs of the portion of the land directly involved
ii. forum is merely an incidental place of trial - the characterization of the forum has to give way to any common characterization that may exist in the foreing
countries involved

5. Characterization of the problem as substantive or procedural

● Basis of the problem
○ Lex fori - procedural matters are governed by the law of the forum; even if the action is based upon a foreign substantive law
○ Law on prescription of actions - sui generis in Conflict of Laws since it may be either procedural or substantive
■ characterization into a procedural or substantive law is irrelevant when the country of the forum has a “borrowing statute” - effect of treating the foreign
statute of limitation as one of substance

● Solution
○ Totality approach - consider the prescriptive period that the parties had in mind at the time the transaction took place
■ get the law intended by the parties to govern the contract
■ apply that intended law in its totality including its periods of prescription and its Statute of Frauds
 ○ Exception - if the subject matter governs property located in the Phils where our own law on prescription and our own Statute of Frauds must apply
● Code of Civil Procedure, Sec. 48 - If Barred at Place Where Cause of Action Arose, Barred Here. If, by the laws of the state or country where the cause of action arose, the
action is barred, it is also barred in the Philippine Islands.

○ Absent proof of the proper foreign law, it is presumed to be the same as Philippines law.
○ If the cause of action is divisible, we may still entertain that part which has not prescribed.
6. Pleading and proving of the proper foreign law - competent evidence
7. Application of the proper foreing law to the problem
Theories on characterization

1. Lex fori theory - most common where the forum merely considers its own concepts its own characterization, otherwise, there will be a virtual surrender of sovereignty right
a. defect - grave injustice may apply
2. Lex causae theory - opposite of lex situs where we are supposed to follow the characterization of the foreign state which is the principal point of contact
3. Universal analytical theory - characterization comes only after a general comparative analytical study of the jurisprudence of all the states involved
a. also called comparative approach theory
4. Dual theory of lex fori and lex causae - similar to the comparative approach except that instead of considering worldwide conceptions, only 2 conceptions enter into the
picture

5. Autonomous theory - consider the characterization referred to in the conflicts rules of the lex causae
6. Totality theory - characterization intended by the parties

B. Laws and rules

i. Constitution, arts. IV(1)-(5)

Article IV- Citizenship

Section 1. The following are citizens of the Philippines:

[1] Those who are citizens of the Philippines at the time of the adoption of this
Constitution;
[2] Those whose fathers or mothers are citizens of the Philippines;
[3] Those born before January 17, 1973, of Filipino mothers, who elect Philippine
citizenship upon reaching the age of majority; and
[4] Those who are naturalized in accordance with law.

Section 2. Natural-born citizens are those who are citizens of the Philippines from
birth without having to perform any act to acquire or perfect their Philippine
citizenship. Those who elect Philippine citizenship in accordance with paragraph
(3), Section 1 hereof shall be deemed natural-born citizens.

Section 3. Philippine citizenship may be lost or reacquired in the manner provided

by law.

Section 4. Citizens of the Philippines who marry aliens shall retain their citizenship,
unless by their act or omission, they are deemed, under the law, to have renounced
it.

Section 5. Dual allegiance of citizens is inimical to the national interest and shall
be dealt with by law.
[PLEASE PASTE NOTES HERE]

ii. Civil Code, arts. 14, 15, 16, 17, 815, 816, 818, 819, 829, 1039, 1319, and 1753
Art. 14. Penal laws and those of public security and safety shall be obligatory upon
all who live or sojourn in the Philippine territory, subject to the principles of public
international law and to treaty stipulations. (8a)

Art. 15. Laws relating to family rights and duties, or to the status, condition and
legal capacity of persons are binding upon citizens of the Philippines, even though
living abroad. (9a)

Art. 16. Real property as well as personal property is subject to the law of the
country where it is stipulated. However, intestate and testamentary successions,
 both with respect to the order of succession and to the amount of successional
rights and to the 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 the country wherein said
property may be found. (10a)

Art. 17. The forms and solemnities of contracts, wills, and other public instruments
shall be governed by the laws of the country in which they are executed

Art. 815. When a Filipino is in a foreign country, he is authorized to make a will in

any of the forms established by the law of the country in which he may be. Such
will may be probated in the Philippines. (n)

Art. 816. The will of an alien who is abroad produces effect in the Philippines if
made with the formalities prescribed by the law of the place in which he resides, or
according to the formalities observed in his country, or in conformity with those
which this Code prescribes. (n)

Art. 818. Two or more persons cannot make a will jointly, or in the same instrument,
either for their reciprocal benefit or for the benefit of a third person. (669)

Art. 819. Wills, prohibited by the preceding article, executed by Filipinos in a foreign
country shall not be valid in the Philippines, even though authorized by the laws of
the country where they may have been executed. (733a)

Art. 829. A revocation done outside the Philippines, by a person who does not have
his domicile in this country, is valid when it is done according to the law of the place
where the will was made, or according to the law of the place in which the testator
had his domicile at the time; and if the revocation takes place in this country, when
it is in accordance with the provisions of this Code. (n)

Art. 1039. Capacity to succeed is governed by the law of the nation of the
decedent. (n)

Art. 1319. Consent is manifested by the meeting of the offer and the acceptance
upon the thing and the cause which are to constitute the contract. The offer must
be certain and the acceptance absolute. A qualified acceptance constitutes a
counter-offer. Acceptance made by letter or telegram does not bind the offerer
except from the time it came to his knowledge. The contract, in such a case, is
presumed to have been entered into in the place where the offer was made.
(1262a)

Art. 1753. The law of the country to which the goods are to be transported shall
govern the liability of the common carrier for their loss, destruction or deterioration.
Codifications may be a direct source of conflict of laws

Subject Governing Law

Penal Laws
Family Law/Legal Capacity
Real and Personal Property
Intestate and Testamentary Succession
Forms and solemnities of contracts,
wills, and other public instruments
Will-making
Philippine Law - provided live or sojourn
in the Philippine territory BUT subject to
principles of public international law
Philippine Law - to all citizens of PH
even though living abroad
Law of the Country where it is stipulated
National law of the person whose
succession is under consideration
Law of the Country where it is executed
If Filipino - Law of the Country where it
is executed EXCEPT Joint wills

If Alien - Law of his residence or his

country or the Philippines
Revocation of Wills If Alien - Place of execution or domicile
at time of execution or PH law if
revocations take place in PH
Capacity to Succeed Law of the Nation of the decedent
Liability of Common Carrier in case of Law of the Place of Destination
Loss, Destruction or Deterioration of
Transported Goods

iii. New Corporation Code, secs. 140, 146, and 150

SEC. 140. Definition and Rights of Foreign Corporations. – For purposes of this
Code, a foreign corporation is one formed, organized or existing under laws other
than those of the Philippines’ and whose laws allow Filipino citizens and
corporations to do business in its own country or State. It shall have the right to
transact business in the Philippines after obtaining a license for that purpose in
accordance with this Code and a certificate of authority from the appropriate
government agency.
 SEC. 146. Law Applicable. – A foreign corporation lawfully doing business in the
Philippines shall be bound by all laws, rules and regulations applicable to domestic
corporations of the same class, except those which provide for the creation,
formation, organization or dissolution of corporations or those which fix the
relations, liabilities, responsibilities, or duties of stockholders, members, or officers
of corporations to each other or to the corporation.

SEC. 150. Doing Business Without a License. – No foreign corporation transacting

business in the Philippines without a license, or its successors or assigns, shall be
permitted to maintain or intervene in any action, suit or proceeding in any court or
administrative agency of the Philippines; but such corporation may be sued or
proceeded against before Philippine courts or administrative tribunals on any valid
cause of action recognized under Philippine laws.
[PLEASE PASTE NOTES HERE]

iv. Family Code, arts. 10, 21, 26, 35, 36, 37, 38, 52, and 53
Art. 10. Marriages between Filipino citizens abroad may be solemnized by a
consul-general, consul or vice-consul of the Republic of the Philippines. The
issuance of the marriage license and the duties of the local civil registrar and of the
solemnizing officer with regard to the celebration of marriage shall be performed by
said consular official. (75a)

Art. 21. When either or both of the contracting parties are citizens of a foreign
country, it shall be necessary for them before a marriage license can be obtained,
to submit a certificate of legal capacity to contract marriage, issued by their
respective diplomatic or consular officials.

Art. 26. All marriages solemnized 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 prohibited under Articles 35 (1), (4),
(5) and (6), 36, 37 and 38. (17a)

Where a marriage between a Filipino citizen and a foreigner is validly celebrated

and a divorce is thereafter validly obtained abroad by the alien spouse capacitating
him or her to remarry, the Filipino spouse shall have capacity to remarry under
Philippine law. (As amended by Executive Order 227)

Art. 35. The following marriages shall be void from the beginning:

(1) Those contracted by any party below eighteen years of age even with
the consent of parents or guardians;

(2) Those solemnized by any person not legally authorized to perform

marriages unless such marriages were contracted with either or both
parties believing in good faith that the solemnizing officer had the legal
authority to do so;

(3) Those solemnized without license, except those covered the preceding
;

(4) Those bigamous or polygamous marriages not failing under Article 41;

(5) Those contracted through mistake of one contracting party as to the

identity of the other; and

(6) Those subsequent marriages that are void under Article 53.

Art. 36. A marriage contracted by any party who, at the time of the celebration, was
psychologically incapacitated to comply with the essential marital obligations of
marriage, shall likewise be void even if such incapacity becomes manifest only
after its solemnization. (As amended by Executive Order 227)

Art. 37. Marriages between the following are incestuous and void from the
beginning, whether relationship between the parties be legitimate or illegitimate:

(1) Between ascendants and descendants of any degree; and

(2) Between brothers and sisters, whether of the full or half blood. (81a)

Art. 38. The following marriages shall be void from the beginning for reasons of
public policy:

(1) Between collateral blood relatives whether legitimate or illegitimate, up

to the fourth civil degree;
(2) Between step-parents and step-children;

(3) Between parents-in-law and children-in-law;

(4) Between the adopting parent and the adopted child;

(5) Between the surviving spouse of the adopting parent and the adopted
child;
 (6) Between the surviving spouse of the adopted child and the adopter;

(7) Between an adopted child and a legitimate child of the adopter;

(8) Between adopted children of the same adopter; and

(9) Between parties where one, with the intention to marry the other, killed
that other person's spouse, or his or her own spouse. (82)

Art. 52. The judgment of annulment or of absolute nullity of the marriage, the
partition and distribution of the properties of the spouses and the delivery of the
children's presumptive legitimes shall be recorded in the appropriate civil registry
and registries of property; otherwise, the same shall not affect third persons. (n)

Art. 53. Either of the former spouses may marry again after compliance with the
requirements of the immediately preceding Article; otherwise, the subsequent
marriage shall be null and void.
[PLEASE PASTE NOTES HERE]

v. Revised Penal Code, art. 2.

Article 2. Application of its provisions. - Except as provided in the treaties and laws
of preferential application, the provisions of this Code shall be enforced not only
within the Philippine Archipelago, including its atmosphere, its interior waters and
maritime zone, but also outside of its jurisdiction, against those who:
1. Should commit an offense while on a Philippine ship or airship
2. Should forge or counterfeit any coin or currency note of the Philippine
Islands or obligations and securities issued by the Government of the
Philippine Islands;
3. Should be liable for acts connected with the introduction into these islands
of the obligations and securities mentioned in the presiding number;
4. While being public officers or employees, should commit an offense in the
exercise of their functions; or
5.
Should commit any of the crimes against national security and the law of
nations, defined in Title One of Book Two of this Code
[PLEASE PASTE NOTES HERE]

vi. Rules of Court (as revised in 2019, effective May 2020) - Rule 4, sec. 2; Rule 8, sec. 6; Rule 11, sec. 2; Rule 14, sec. 9, 12, 14, 16, 17, 18, and 19; Rule 23, secs. 11 & 12; Rule
39, sec. 48; Rule 73, sec. 1; Rule 77, sec. 1; Rule 92, sec. 1; Rule 131, sec. 3(n); Rule 132, secs. 19(a), (c) & 24.
Rule 4 (Infante, Lim, Lumbre)
Sec. 2. Venue of personal actions.
All other actions may be commenced and tried
-where the plaintiff or any of the principal plaintiffs resides or
-where the defendant or any of the principal defendants resides, or
-in the case of a non-resident defendant where he may be found,
- at the election of the plaintiff.

Rule 8 Section 6
Sec. 6. Judgment.
In pleading a judgment or decision of a domestic or foreign court, judicial or quasi-judicial
tribunal, or of a board or officer,
- it is sufficient to aver the judgment or decision without setting forth matter
showing jurisdiction to render it.

Rule 11
Sec. 2. Answer of a defendant foreign private juridical entity.
Where the defendant is a foreign private juridical entity and service of summons is made on
the government official designated by law to receive the same,
- the answer shall be filed within thirty (30) days after receipt of summons by
such entity

Rule 14
Sec. 9. Service upon prisoners.
When the defendant is a prisoner confined in a jail or institution
- service shall be effected upon him by the officer having the management of
such jail or institution who is deemed deputized as a special sheriff for said
purpose.

Sec. 12. Service upon foreign private juridical entity.

When the defendant is a foreign private juridical entity which has transacted business in the
Philippines,
- service may be made on its resident agent designated in accordance with law
for that purpose, or
- if there be no such agent, on the government official designated by law to that
effect, or
- on any of its officers or agents within the Philippines.

Sec. 14. Service upon defendant whose identity or whereabouts are unknown.
In any action where the defendant is designated as an unknown owner, or the like, or
whenever his whereabouts are unknown and cannot be ascertained by diligent inquiry,
- service may, by leave of court,
o be effected upon him by publication in a newspaper of general
circulation and in such places and for such time as the court may
order.
Sec. 16. Residents temporarily out of the Philippines.
When any action is commenced against a defendant who ordinarily resides within the
Philippines, but who is temporarily out of it,
- service may, by leave of court
o be also effected out of the Philippines, as under the preceding
section. (Extra Territorial Service not included in the syllabus)

Sec. 17. Leave of court.

Any application to the court under this Rule for leave to effect service in any manner for
which leave of court is necessary shall be made by motion in writing,
- supported by affidavit of the plaintiff or some person on his behalf,
- setting forth the grounds for the application.

Sec. 18. Proof of service.

The proof of service of a summons shall be made in
- writing by the server and shall set forth the manner, place, and date of
service;
- shall specify any papers which have been served with the process and the
name of the person who received the same;
- and shall be sworn to when made by a person other than a sheriff or his
deputy.

Sec. 19. Proof of service by publication.

If the service has been made by publication,
- service may be proved by the affidavit of the printer,
- his foreman or principal clerk,
- or of the editor, business or advertising manager,
o to which affidavit a copy of the publication shall be attached,
o and by an affidavit showing the deposit of a copy of the summons
and
o order for publication in the post office, postage prepaid,
o directed to the defendant by registered mail to his last known
address.
Rule 23
SECTION 11. Persons before Whom Depositions May be Taken in Foreign
Countries.— In a foreign state or country, depositions may be taken (a) on notice
before a secretary of embassy or legation, consul general, consul, vice-consul, or
consular agent of the Republic of the Philippines; (b) before such person or officer
as may be appointed by commission or under letters rogatory; or (c) the person
referred to in Section 14 hereof.

Depositions may be taken in a foreign state or country by the ff:

1. secretary of embassy or legation
2. consul-general
3. consul
4. vice-consul
5. consular agent of the republic of the Philippines
6. person or officer appointed by the commission or under letters rogatory
a. letters rogatory- instrument whereby the foreign court is informed
of the pendency of the case and the name of the foreign
witnesses, and is requested to cause their depositions to be
taken in due course of law, for the furtherance of justice, with an
offer on the party of the court making the request, to do the like
for the other, in a similar case. .
7. Sec 14- If the parties so stipulate in writing, depositions may be taken
before any person authorized to administer oaths, at any time or place, in
accordance with these Rules, and when so taken may be used like other
depositions

SECTION 12. Commission or Letters Rogatory.— A commission or letters

rogatory shall be issued only when necessary or convenient, on application and
notice, and on such terms and with such direction as are just and appropriate.
Officers may be designated in notices or commissions either by name or
descriptive title and letters rogatory may be addressed to the appropriate judicial
authority in the foreign country.

- Commission: means someone other than the Philippine Consul

- difference between a commission and letters rogatory
-
COMMISSION
defined as an instrument issued
by a court of justice, or other
competent tribunal, to authorize a
person to take depositions, or do
any other act by authority of such
court or tribunal
addressed to officers designated
either by name or descriptive title,
LETTERS ROGATORY
an instrument sent in the name
and by the authority of a judge or
court to another, requesting the
latter to cause to be examined,
upon interrogatories filed in a
cause pending before the former,
a witness who is within the
jurisdiction of the judge or court to
whom such letters are addressed.
addressed to some appropriate
judicial authority in the foreign
state
 Rule 39
Section 48. Effect of foreign judgments or final orders. — The effect
of a judgment or final order of a tribunal of a foreign country, having
jurisdiction to render the judgment or final order is as follows:

(a)In case of a judgment or final order upon a specific thing, the judgment
or final order, is conclusive upon the title to the thing, and

(b)In case of a judgment or final order against a person, the judgment or

final order is presumptive evidence of a right as between the parties and
their successors in interest by a subsequent title.

In either case, the judgment or final order may be repelled by evidence of

a want of jurisdiction, want of notice to the party, collusion, fraud, or clear
mistake of law or fact.

- self explanatory

Settlement Of Estate Of Deceased Persons

RULE 73

Venue and Process

Section 1.Where estate of deceased persons settled. — If the decedents is an

inhabitant of the Philippines at the time of his death, whether a citizen or an alien,
his will shall be proved, or letters of administration granted, and his estate settled,
in the Court of First Instance in the province in which he resides at the time of his
death, and if he is an inhabitant of a foreign country, the Court of First Instance of
any province in which he had estate. The court first taking cognizance of the
settlement of the estate of a decedent, shall exercise jurisdiction to the exclusion of
all other courts. The jurisdiction assumed by a court, so far as it depends on the
place of residence of the decedent, or of the location of his estate, shall not be
contested in a suit or proceeding, except in an appeal from that court, in the
original case, or when the want of jurisdiction appears on the record.

RULE 77

Allowance of Will Proved Outside of Philippines and Administration of Estate

Thereunder

Section 1.Will proved outside Philippines may be allowed here. — Wills proved
and allowed in a foreign country, according to the laws of such country, may be
allowed, filed, and recorded by the proper Court of First Instance in the Philippines.

General Guardians and Guardianship

RULE 92

Venue

Section 1.Where to institute proceedings. — Guardianship of a person or estate of

a minor or incompetent may be instituted in the Court of First Instance of the
province, or in the justice of the peace court of the municipality, or in the municipal
court chartered city where the minor or incompetent persons resides, and if he
resides in a foreign country, in the Court of First Instance of the province wherein
his property or the party thereof is situated; provided, however, that where the
value of the property of such minor or incompetent exceeds that jurisdiction of the
justice of the peace or municipal court, the proceedings shall be instituted in the
Court of First Instance.
In the City of Manila the proceedings shall be instituted in the Juvenile and
Domestic Relations Court.

RULE 131

Burden of Proof, Burden of Evidence and Presumptions

Section 3. The following presumptions are satisfactory if uncontradicted, but may

be contradicted and overcome by other evidence:

(n) That a cout, or judge acting as such, whether in the Philippines or elsewhere,
was acting in the lawful exercise of jurisdiction;

RULE 132
 Presentation of Evidence

Section 19. Classes of documents. – For the purpose of their presentation in

evidence, documents are either public or private.

Public documents are:

(a) The written official acts, or records of the sovereign authority, official
bodies and tribunals, and public officers, whether of the Philippines,
or of a foreign country;
(b) Xxx
(c) Documents that are considered public documents under treaties and
conventions which are in force between the Philippines and the
country of source; and
(d) Xxx

Section 24. Proof of official record. – The record of public documents referred to in
paragraph (a) of Section 19, when admissible for any purpose, may be evidenced
by an official publication thereof or by a copy attested by the officer having the legal
custody of the record, or by his or her deputy, and accompanied, if the record is not
kept in the Philippines, with a certificate that such officer has the custody.

If the office in which the record is kept is in a foreign country, which is a

contracting party to a treaty or convention to which the Philippines is also a party,
or considered a public document under such treaty or convention pursuant to
paragraph (c) of Section 19 hereof, the certificate or its equivalent shall be in the
form prescribed by such treaty or convention subject to reciprocity granted to public
documents originating from the Philippines.

For documents originating from a foreign country which is not a contracting

party to a treaty or convention referred to in the next preceding sentence, the
certificate may be made by a secretary of the embassy or legation, consul general,
consul, vice-consul, or consular agent or by any officer in the foreign service of the
Philippines stationed in the foreign country in which the record is kept, and
authenticated by the seal of his or her office.

A document that is accompanied by a certificate or its equivalent may be

presented in evidence without further proof, the certificate or its equivalent being
prima facie evidence of the due execution and genuineness of the document
involved. The certificate shall not be required when a treaty or convention between
a foreign country and the Philippines has abolished the requirement, or has
exmepted the document itselft from this formality.

[Civ Pro]

CONFLICT OF LAWS D2021 | Atty. J. Santiago | Concepts + Codal Batch 1 |