CHOICE OF LAW

After a Court has acquired jurisdiction:

 An examination will be done if there is a difference in the law of the States

that has a point of contact with the dispute.
 The next question to be answered
 “Which country’s law should be applied in addressing the case?”
 “What extent should the chosen legal system regulate the conflict”

 Again, the choice of law is dependent on policy considerations

TEST FACTORS / POINTS OF
CONTACT / CONNECTING FACTORS

 Nationality of a person, his domicile, his residence, his place of sojourn, or his origin

 The seat of a legal or juridical person, such as a corporation

 The situs of a thing, that is, the place where a thing is, or is deemed to be situated. In particular,
the lex situs is decisive when real rights are involved

 The place where an act has been done, the locus actus, such as the place where a contract
has been made, a marriage celebrated, a will signed or a tort committd. The lex loci actus is
particularly important in contracts and torts

 The place where an act is intended to come into effect, e.g. the place of performance of
contractual duties, or the pace where a power of attorney is to be exercised
TEST FACTORS / POINTS OF
CONTACT / CONNECTING FACTORS

 The intention of the contracting parties as to the law that should govern their
agreement, the lex loci intentionis

 The place where judicial or administrative proceedings are instituted or done. The
lex fori - the law of the forum - is particularly important because, as we have seen
earlier, matters of ‘procedure’ not going to the substance of the claim involved are
governed by it; and because the lex fori applies whenever the content of the
otherwise applicable foreign law is excluded from application in a given case for the
reason that it fails under one of the exceptions to the application of foreign law

 The flag of the ship, which in many cases, is decisive of practically all legal
relationships of the ship and of its master or owner as such. It also covers
contractual relationships particularly contracts of affreightment.
Points of Contact Terminology

 Lex situs - the applicable law regarding the acquisition, transfer and
devolution of the title to property is the law where the property is located
 Lex fori - the law of the forum, where the case if filed
 Lex loci actus - the law of the place where the act is done
 Lex loci celebrationis - the law of the place where the contract is entered
into
 Lex loci contractus - the proper law applicable in deciding the rights and
liabilities of the contracting parties
 Lex loci delictus - the law of the place where the offense or wrong took place
 Lex loci domicilii - the law of the place of the domicile of the person
 Lex loci rei sitae (lex situs) - the law of the place where a thing is situated
Application of Internal Law (Lex Fori)

 Forum must apply its own internal rules

 Instances when this is applicable
 When the application of the rule is provided by law
 When there is failure to plead a foreign element
 When the controversy is part of the exceptions to the application of foreign
law
Bank of America v. American Realty Corp., G.R.
No. 133876 / 321 SCRA 659, 29 December
1999
 Bank of America NT & SA (BANTSA) is an international banking and financing
institution duly licensed to do business in the Philippines, organized and
existing under and by virtue of the laws of the State of California, United States
of America while private respondent American Realty Corporation (ARC) is a
domestic corporation.
 BANTSA gave multimillion dollar loans to several corporations who defaulted
 BANTSA filed collection suits in England as well as a foreclosure of a property
in Bulacan
 BANTSA alleges that under English Law, which according to petitioner is the
governing law with regard to the principal agreements, the mortgagee does not
lose its security interest by simply filing civil actions for sums of money.
 In a long line of decisions, this Court adopted the well-imbedded principle in our
jurisdiction that there is no judicial notice of any foreign law. A foreign law must
be properly pleaded and proved as a fact. Thus, if the foreign law involved is
not properly pleaded and proved, our courts will presume that the foreign law is
the same as our local or domestic or internal
law. This is what we refer to as the doctrine of processual presumption.
Application of Foreign Law

 Internal rules require the application of foreign law

lex rei sitae – “the law where the property is situated”

 Article 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)
Application of Foreign Law

 By agreement of the parties

 Consent to a forum
 Express
 Implied
 By treaty or convention
 By conflict of laws rule
Exceptions

 Enforcement of the foreign law is against Philippine Public Policy

 Example is:
 Bienvenido Cadalin v. Philippine Overseas Employment Agency, G.R. No.
104776, 5 December 1994
Bienvenido Cadalin v. Philippine Overseas
Employment Agency, G.R. No. 104776, 5
December 1994
 Cadalin et al. are OCWs deployed to various Middle Eastern countries, including Bahrain.
Under the contracts, the choice of applicable law is Bahrain law in case of contractual disputes.
The contracts were later pre-terminated so Cadalin et al. filed with RTC a case for recovery of
unpaid wages, etc. Under Bahrain law, the action has already prescribed.

 Whether or not Bahrain law should be applied on the question of prescription of action

 Statute of limitations is sui generis -- it may be procedural or substantive, depending on the

characterization given such a law. This distinction, however, becomes irrelevant when there is a
borrowing statute, as in the case of our Rules of Court, which provides that any action barred
under the law of the country where the cause of action arose is also barred in the Philippines.
But, in this case, SC did not apply our Rules of Court on the ground that doing so would
contravene the constitutional provision on protecting the rights of labor. The courts of the forum
will not enforce an foreign claims obnoxious to the forum’s public policy.
Borrowing Statute

 the law of the country has a statute “borrowing” the prescriptive period provided
in the foreign statute;
Exceptions

 Application of Foreign Law is contrary to good morals as understood in the

Philippine Context

 Example:
 Prostitution is legal in Germany and is taxed by the Government. Germany even
passed the Prostitutes Protection Act in 2016, which required a permit for all
prostitution trades and a prostitute registration certificate.
Exceptions

 When the foreign law is penal in nature

 Based on the principle of territoriality of criminal law

 This is not to be confused with penal clauses in contracts

Exceptions

 Relationship of the parties affects public interest or would result in an injustice

against Philippine Citizenx

 Real property is involved (apply lex rei sitae)


Foreign law, judgment or contract is contrary to a sound and established public
policy of the forum

 Foreign law is procedural in nature (lex fori governs procedural matters)

Exceptions

 Where foreign law is fiscal or administrative in nature

 Where the foreign law endangers vital interest of the Philippines
DETERMINATION OF
APPLICABLE LAW
Characterization

 process of deciding whether or not the facts relate (refer to the connecting
factors) to the kind of question specified in a conflicts rule; to enable the forum
to select the proper law
 Known as Doctrine of Qualification
 the process by which a court assigns a disputed question to an area in substantive
law. It is a part of legal analysis and a pervasive problem since at least 2 jurisdictions
with divergent laws are involved.
ELEMENTS OF CHARACTERIZATION

 Foreign element
 Points of contact
 Proper law applicable
Two Types of Characterization

 Subject-matter Characterization
 calls for classification of a factual situation into a legal category. It is significant in a
single-aspect method because the legal category to which an issue is assigned
determines governing law

 Substance-Procedure Dichotomy
 If issue substantive: court may apply foreign law


 If issue procedural: follow forum law

Problems with Characterization

 The Philippines follows single-aspect method.

 Single-aspect method: choice of law theories traditionally concentrated on one
element of a situation to connect case to particular legal community.

 Ultimate goal is simplicity, convenience, uniformity

 Characterization problems are considered a threat to traditional choice-of-law
theories whose aims are uniformity & predictability of results.
Crescent Petroleum, Ltd. v. M/V “Lok
Maheshwari”, G.R. No. 155014, 11 November
2005
 Respondent M/V "Lok Maheshwari" (Vessel) is an oceangoing vessel of Indian
registry that is owned by respondent Shipping Corporation of India (SCI), a
corporation organized and existing under the laws of India and principally owned by
the Government of India. It was time-chartered by respondent SCI to Halla
Merchant Marine Co. Ltd. (Halla), a South Korean company. Halla, in turn, sub-
chartered the Vessel through a time charter to Transmar Shipping, Inc. (Transmar).
Transmar further sub-chartered the Vessel to Portserv Limited (Portserv). Both
Transmar and Portserv are corporations organized and existing under the laws of
Canada.
 On or about November 1, 1995, Portserv requested petitioner Crescent Petroleum,
Ltd. (Crescent), a corporation organized and existing under the laws of Canada that
is engaged in the business of selling petroleum and oil products for the use and
operation of oceangoing vessels, to deliver marine fuel oils (bunker fuels) to the
Vessel. Petitioner Crescent granted and confirmed the request through an advice
via facsimile dated November 2, 1995
Crescent Petroleum, Ltd. v. M/V “Lok
Maheshwari”, G.R. No. 155014, 11 November
2005

 On May 2, 1996, while the Vessel was docked at the port of Cebu City,
petitioner Crescent instituted before the RTC of Cebu City an action "for a sum
of money with prayer for temporary restraining order and writ of preliminary
attachment" against respondents Vessel and SCI, Portserv and/or Transmar.
 Whether the Philippine court has or will exercise jurisdiction and entitled to
maritime lien under our laws on foreign vessel docked on Philippine port and
supplies furnished to a vessel in a foreign port?
Crescent Petroleum, Ltd. v. M/V “Lok
Maheshwari”, G.R. No. 155014, 11 November
2005
 In a suit to establish and enforce a maritime lien for supplies furnished to a
vessel in a foreign port, whether such lien exists, or whether the court has or
will exercise jurisdiction, depends on the law of the country where the
supplies were furnished, which must be pleaded and proved.
 The Lauritzen-Romero-Rhoditis trilogy of cases, which replaced such
single-factor methodologies as the law of the place of supply. The multiple-
contact test to determine, in the absence of a specific Congressional directive
as to the statute’s reach, which jurisdiction’s law should be applied. The
following factors were considered: (1) place of the wrongful act; (2) law of
the flag; (3) allegiance or domicile of the injured; (4) allegiance of the
defendant shipowner; (5) place of contract; (6) inaccessibility of foreign
forum; and (7) law of the forum. This is applicable not only to personal
injury claims arising under the Jones Act but to all matters arising under
maritime law in general
Crescent Petroleum, Ltd. v. M/V “Lok
Maheshwari”, G.R. No. 155014, 11 November
2005
 The Court cannot sustain petitioner Crescent’s insistence on the application of
P.D. No. 1521 or the Ship Mortgage Decree of 1978 and hold that a maritime
lien exists. Out of the seven basic factors listed in the case of Lauritzen,
Philippine law only falls under one – the law of the forum. All other elements are
foreign – Canada is the place of the wrongful act, of the allegiance or domicile
of the injured and the place of contract; India is the law of the flag and the
allegiance of the defendant shipowner. Applying P.D. No. 1521,a maritime lien
exists would not promote the public policy behind the enactment of the law to
develop the domestic shipping industry. Opening up our courts to foreign
suppliers by granting them a maritime lien under our laws even if they are not
entitled to a maritime lien under their laws will encourage forum shopping.
Traditional Theories on Choice of Law

 Theory of Comity
 The Vested-Right Theory
 The Theory of Local Law
 The Theory of Harmony of Law
 The Theory of Justice
Theory of Comity

 This is the recognition which one state allows within its territory to the
legislative, executive, or judicial acts of another state
 Due regard both to international duty and convenience and to the rights of its
own citizens or of other persons who are under the protection of its laws
 2 kinds of Comity
 Connected to the principle of Reciprocity
 Persuasiveness of the Foreign Judgement
J.A. Sison v. Board of Accountancy, G.R. No. L-
2529 / 85 Phil. 276, 31 December 1949;

 Mutuality, reciprocity, and comity as bases or elements. International Law is

founded largely upon mutuality, reciprocity, and the principle of comity of
nations. Comity, in this connection, is neither a matter of absolute obligation on
the one hand, nor of mere courtesy and good will on, the other; it is the
recognition which one nation allows within its territory to the acts of foreign
governments and their tribunals, having due regard both to international duty
and convenience and to the rights of its own citizens or of other persons who
are under the protection of its laws. The fact of reciprocity does not necessarily
influence the application of the doctrine of comity, although it may do so and
has been given consideration in some instances.
The Vested-Right Theory

Advanced by Prof. Beale (1st Restatement)

An act done in a foreign jurisdiction gives rise to a right if the laws of that state provides
so.
The right vests and he can bring suit in any forum he chooses.
Our Court are not enforcing foreign law but the rights that was vested by the foreign
law
The Theory of Local Law

 The Theory states that our rules are requiring the application of foreign law
 treat conflicts cases as a purely domestic case that does not involve a foreign
element
power of a state to regulate within its territory has no limitation except as imposed
by its own positive law

 criticism: appeals to narrow-mined who favors an exaggerated local policy bec a

sovereign can do as they please, depreciating the practical and equitable
considerations that should control the case.
The Theory of Harmony of Law

 Identical problems should be given identical solutions

 Predictability of processes
The Theory of Justice

 Problems with this is the differing expectations of individuals of justice

Difference between Traditional and
Modern
 Traditional approaches do not consider policy; all modern approaches look at policy.
 Traditional theories emphasize simplicity, convenience and uniformity
Modern Approaches to Choice of Law

 Center of Gravity / Grouping of Contacts/Place of the Most Significant

Relationship

 Caver‘s Principle
 Interest Analysis
 Comparative Impairment
 Trautman’s Functional Analysis
 Leflar’s Choice-Influencing Considerations
Center of Gravity / Grouping of Contacts/ Place
of the Most Significant Relationship

 Law of the state which has the most significant relationship with the occurrence
and with the parties determines their rights and liabilities in tort or in contract
 Takes the following into account:
 needs of the interstate and international system
 relevant policies of the concerned states
 relevant policies of other interested states
 protection of justified expectations of the parties
 basic policies underlying the particular field of law

 certainty, predictability and uniformity of result

 ease in the determination and application of law to be applied
 Criticisms to approach: no standard to evaluate the relative significance/importance
of each contact such that court may use approach to support any preconceived
result without explaining its real motives.
Caver’s Principle of Preference

 choice-of-law decisions should be made with reference to principles of preference

which are conceived to provide a fair accommodation of conflicting state policies
and afford fair treatment to the parties.
 have a territorialist bias
 Considers the place where the significant events occurred or where the legal
relationship is centered.
 Process:
 scrutinize the event/ transaction giving rise to the issue

 compare carefully the proffered rule of law & the result of its application with the rule of the forum & its
effect


 appraise these results from the standpoint of justice between the litigants or of
considerations of social policy
State-Interest Analysis

 resolve conflicts cases by looking at the policy behind the laws of the involved states
and the interest each state has in applying its own law.

1st: determine whether the case involves a true, false or apparent conflict
(false conflict: only one state has an actual interest in having the law applied and the
failure to apply the other state law will not impair its policy)

2nd: if there is apparent or true conflict, court should take a second look on the policies
and interests of the states.
If only one has a real interest, the other is insubstantial, then there is false conflict. If
both have real interests in applying their law, then the apparent conflict is a true
conflict.

 Criticism: why consider what the state wants when interests of individuals are in issue?
Comparative Impairment

 Subordination of the state objective which would be least impaired

 How is this done?

 Court should weigh conflicting interests and apply the law of the state whose
interest would be more impaired if its laws were not followed
Trautman’s Functional Analysis

 the general policies of the state beyond those reflected in substantive law policies and values
reflecting effective and harmonious relationship between states
ex. Reciprocity

 Upon determining these policies, court should then weigh the relative strength of a
state policy
 Court should consider whether the law of a state reflects an “ emerging” or “
regressing” policy
Leflar’s Choice-Influencing Considerations

 major choice-influencing considerations

 predictability of results
 maintenance of interstate and international order
 simplification of the judicial task
 application of the better rule of law
 advancement of the forum’ s governmental interest –
 court should prefer a law that make good socioeconomic sense and are
sound in view of present day condition

 Criticism: no principled or objective standard to determine “ better rule” .

Georgia Babcock v. William Jackson,
12 N.Y. 2d 473 (1963)
 On Friday, September 16, 1960, Miss Georgia Babcock and her friends, Mr.
and Mrs. William Jackson, all residents of Rochester, left that city in Mr.
Jackson's automobile, Miss Babcock as guest, for a week-end trip to
Canada. Some hours later, as Mr. Jackson was driving in the Province of
Ontario, he apparently lost control of the car; it went off the highway into an
adjacent stone wall, and Miss Babcock was seriously injured. Upon her return
to this State, she brought the present action against William Jackson, alleging
negligence on his part in operating his automobile
 At the time of the accident, there was in force in Ontario a statute providing
that "the owner or driver of a motor vehicle, other than a vehicle operated in
the business of carrying passengers for compensation, is not liable for any loss
or damage resulting from bodily injury to, or the death of any person being
carried in * * * the motor vehicle"
Georgia Babcock v. William Jackson,
12 N.Y. 2d 473 (1963)
 The traditional choice of law rule, embodied in the original Restatement
of Conflict of Laws (§ 384), and until recently unquestioningly followed in
this court (see, e.g., Poplar v. Bourjois, Inc., 298 N.Y. 62, 66; Kaufman v.
American Youth Hostels, 5 N Y 2d 1016, modfg. 6 A D 2d 223), has been
that the substantive rights and liabilities arising out of a tortious
occurrence are determinable by the law of the place of the tort.
 It had its conceptual foundation in the vested rights doctrine, namely,
that a right to recover for a foreign tort owes its creation to the law of
the [478] jurisdiction where the injury occurred and depends for its
existence and extent solely on such law.
Georgia Babcock v. William Jackson,
12 N.Y. 2d 473 (1963)
 In Auten v. Auten (308 N.Y. 155), however, this court abandoned such
rules and applied what has been termed the "center of gravity" or
"grouping of contacts" theory of the conflict of laws. \
 "Under this theory," we declared in the Auten case, "the courts, instead
of regarding as conclusive the parties' intention or the place of making
or performance, lay emphasis rather upon the law of the place `which
has the most significant contacts with the matter in dispute’”.
 The "center of gravity" rule of Auten has not only been applied in other
cases in this State, as well as in other jurisdictions, but has supplanted the
prior rigid and set contract rules in the most current draft of the
Restatement of Conflict of Laws.
Auten vs. Auten (308 N.Y. 155) (1954)

 Spouses were married and lived in England. Husband left and went to NY. Spouses
executed support agreement in NY. He failed to pay support. Wife sued him for
legal separation. Wife sued in NY to enforce agreement. Husband claimed that legal
separation suit, extinguished liability under NY law.
 English law should govern the parties. England has all the truly significant contacts
while the nexus to NY is entirely fortuitous.
 England is the seat of marital domicile and the place where Wife’s children were to
be, it has the greatest concern in defining and regulating the rights and duties
existing under the agreement and the circumstances that affect it. Whereas NY is
only the place of the agreement and where the trustee, where moneys will be paid
for the account the Wife & children, had his office.
In the Matter of the Estate of Emil H. Johnson,
G.R. No. L-12767 / 39 Phil 156, 16 November
1918
 On February 4, 1916, Emil H. Johnson, a native of Sweden and a naturalized citizen of the
United States, died in the city of Manila.
 He left a will disposing an estate with an estimated amount of P231,800. The will was written in
the testator’s own handwriting, and is signed by himself and two witnesses only, instead of three
witnesses required by section 618 of the Code of Civil Procedure.
 This will, therefore, was not executed in conformity with the provisions of law generally
applicable to wills executed by inhabitants of these Islands, and hence could not have been
proved under section 618.
 On February 9, 1916, however, a petition was presented in the Court of First Instance of the city
of Manila for the probate of this will, on the ground that 1) Johnson was, at the time of his
death, a citizen of the State of Illinois, United States of America; 2) that the will was duly
executed in accordance with the laws of that State; and hence could properly be probated here
pursuant to section 636 of the Code of Civil Procedure. Petitioner alleged that the law is
inapplicable to his father’s will
In the Matter of the Estate of Emil H. Johnson,
G.R. No. L-12767 / 39 Phil 156, 16 November
1918
 Due publication was made pursuant to this order of the court through the
three-week publication of the notice in Manila Daily Bulletin.
 The Supreme Court also asserted that in view of the statute concerned which
reads as “A will made within the Philippine Islands by a citizen or subject of
another state or country, which is executed in accordance with the law of the
state or country of which he is a citizen or subject, and which might be proved
and allowed by the law of his own state or country, may be proved, allowed, and
recorded in the Philippine Islands, and shall have the same effect as if executed
according to the laws of these Islands” the “state”, being not capitalized, does
not mean that United States is excluded from the phrase
A.W. Fluemer v. Annie Cousins Hix, G.R.
No. L-32636 / 54 Phil 610, 17 March 1930

 The special administrator of the estate of Edward Randolph Hix appeals from a
decision of Judge of First Instance Tuason denying the probate of the document
alleged to by the last will and testament of the deceased.
 It is theory of the petitioner that the alleged will was executed in Elkins, West
Virginia, on November 3, 1925, by Hix who had his residence in that
jurisdiction, and that the laws of West Verginia Code, Annotated, by Hogg,
Charles E., vol. 2, 1914, p. 1690, and as certified to by the Director of the
National Library.
 The laws of a foreign jurisdiction do not prove themselves in our courts. the
courts of the Philippine Islands are not authorized to take American Union.
Such laws must be proved as facts.
Sps. Cesar and Suthira Zalamea v. Court of
Appeals, G.R. No. 104235, 18 November 1993
 Cesar C. Zalamea and Suthira Zalamea, and their daughter, Liana Zalamea, purchased three
(3) airline tickets from the Manila agent of respondent TransWorld Airlines, Inc. for a flight to
New York to Los Angeles on June 6, 1984.
 The tickets of petitioners-spouses were purchased at a discount of 75% while that of their
daughter was a full fare ticket. All three tickets represented confirmed reservations.
 While in New York, on June 4, 1984, petitioners received notice of the reconfirmation of their
reservations for said flight.
 On the appointed date, however, petitioners checked in at 10:00 a.m., an hour earlier than the
scheduled flight at 11:00 a.m. but were placed on the wait-list because the number of
passengers who had checked in before them had already taken all the seats available on the
flight.
 Liana Zalamea appeared as the No. 13 on the wait-list while the two other Zalameas were
listed as "No. 34, showing a party of two."
 Out of the 42 names on the wait list, the first 22 names were eventually allowed to board the
flight to Los Angeles, including petitioner Cesar Zalamea. The two others, on the other hand, at
No. 34, being ranked lower than 22, were not able to fly. As it were, those holding full-fare
tickets were given first priority among the wait-listed passengers. Mr. Zalamea, who was
holding the full-fare ticket of his daughter, was allowed to board the plane; while his wife and
daughter, who presented the discounted tickets were denied boarding .\
Sps. Cesar and Suthira Zalamea v. Court of
Appeals, G.R. No. 104235, 18 November 1993

 That there was fraud or bad faith on the part of respondent airline when it did
not allow petitioners to board their flight for Los Angeles in spite of confirmed
tickets cannot be disputed. The U.S. law or regulation allegedly authorizing
overbooking has never been proved. Foreign laws do not prove themselves nor
can the courts take judicial notice of them. Like any other fact, they must be
alleged and proved.
Manufacturers Hanover Trust Co. v. Rafael Ma.
Guerrero, G.R. No. 136804, 19 February 2003

 Rafael Ma. Guerrero (“Guerrero” for brevity) filed a complaint for damages
against petitioner Manufacturers Hanover Trust Co. and/or Chemical Bank (“the
Bank” for brevity) with the RTC.
 Guerrero sought payment of damages allegedly for (1) illegally withheld taxes
charged against interests on his checking account with the Bank; (2) a returned
check worth US$18,000.00 due to signature verification problems; and (3)
unauthorized conversion of his account.
 The Bank filed its Answer alleging, inter alia, that by stipulation Guerrero’s
account is governed by New York law and this law does not permit any of
Guerrero’s claims except actual damages.
 Subsequently, the Bank filed a Motion for Partial Summary Judgment seeking the
dismissal of Guerrero’s claims for consequential, nominal, temperate, moral and
exemplary damages as well as attorney’s fees on the same ground alleged in its
Answer. Guerrero opposed the motion.
Manufacturers Hanover Trust Co. v. Rafael Ma.
Guerrero, G.R. No. 136804, 19 February 2003

 There can be no summary judgment where questions of fact are in issue or

where material allegations of the pleadings are in dispute. The resolution of
whether a foreign law allows only the recovery of actual damages is a
question of fact as far as the trial court is concerned since foreign laws do not
prove themselves in our courts. Foreign laws are not a matter of judicial
notice. Like any other fact, they must be alleged and proven. Certainly, the
conflicting allegations as to whether New York law or Philippine law applies to
Guerrero’s claims present a clear dispute on material allegations which can
be resolved only by a trial on the merits.
Manufacturers Hanover Trust Co. v. Rafael Ma.
Guerrero, G.R. No. 136804, 19 February 2003

 Under Section 24 of Rule 132, the record of public documents of a sovereign

authority or tribunal may be proved by
 (1) an official publication thereof or
 (2) a copy attested by the officer having the legal custody thereof.
 Such official publication or copy must be accompanied, if the record is not kept in
the Philippines, with a certificate that the attesting officer has the legal custody
thereof.
 The certificate may be issued by any of the authorized Philippine embassy or
consular officials stationed in the foreign country in which the record is kept, and
authenticated by the seal of his office.
 The attestation must state, in substance, that the copy is a correct copy of the
original, or a specific part thereof, as the case may be, and must be under the
official seal of the attesting officer.
Renvoi
Definition

 Referring back
 As a doctrine:
 Utilized in situations where the decedent is a national of one country and a domiciliary
of another.
 Example: succession, domestic relations and real properties.
 A provision in a foreigner’s will to the effect that his properties shall be distributed in
accordance with the Philippine law and not with his national law, is illegal and void, for
his national law, in this regard, cannot be ignored (Bellis v. Bellis, 20 SCRA 358).
 Renvoi is optional, based on the discretion of the court and the facts of the case.
4 Ways of Dealing with the Problem of
Renvoi
 if the conflicts rules of the forum court refer the case to the law of another state, it is
deemed to mean only the “ internal” law of that state (internal law: that which would
be applied to a domestic case that has no conflict-of-laws complications) rejects the
renvoi
 the court may accept the renvoi and refer not just to another state’ s “ internal” law
but to the “ whole” law (includes choice-of-law rules applicable in multi-state cases)

 by desistance or mutual disclaimer of JD the same result as the acceptance of the

renvoi doctrine but the process used by the forum court is to desist applying the
foreign law.

 “ foreign court” theory the forum court would assume the same position the
foreign court would take were it litigated in the foreign state
Adolfo Aznar v. Helen Christensen Garcia, G.R.
No. L-16749 / 7 SCRA 95, 31 January 1963;

 The will of Edward Christensen, a domiciliary of the Philippines, was admitted to probate,
and a project of partition was proposed. Edward’ s illegitimate child opposed the project
of partition on the ground that the distribution of the estate should be governed by
Philippine law. The lower court found that Edward was a US citizen; hence the
successional rights and intrinsic validity of the will should be governed by California.
 Philippine law should apply. Art. 16 of the Phil. Civil Code which provide that the national
law of the decedent governs the validity of his testamentary dispositions.
 Such national law means the law on conflict of laws of the California code, which
authorizes the reference or return of the question to the law of the testator’ s domicile.
 The conflict of laws rule in California precisely refers back the case, when a decedent is
not domiciled in California, to the law of his domicile.
 The Phil. court must apply its own law as directed in the conflict of laws rule of the state
of the decedent.
Paula T. Llorente v. Court of Appeals,
G.R. No. 124371, 23 November 2000
 Lorenzo Llorente and petitioner Paula Llorente were married in 1937 in the Philippines. Lorenzo
was an enlisted serviceman of the US Navy. Soon after, he left for the US where through
naturalization, he became a US Citizen. Upon his visitation of his wife, he discovered that she
was living with his brother and a child was born.
 The child was registered as illegitimate but the name of the father was left blank. Llorente filed
a divorce in California, which later on became final. He married Alicia and they lived together for
25 years bringing 3 children.
 He made his last will and testament stating that all his properties will be given to his second
marriage. He filed a petition of probate that made or appointed Alicia his special administrator of
his estate. Before the
proceeding could be terminated, Lorenzo died.
 Paula filed a letter of administration over Llorente’s estate. The trial granted the letter and
denied the motion for reconsideration. An appeal was made to the Court of Appeals, which
affirmed and modified the judgment of the Trial Court that she be declared co-owner of
whatever properties, she and the deceased, may have acquired during their 25 years of
cohabitation.
Paula T. Llorente v. Court of Appeals,
G.R. No. 124371, 23 November 2000
 Lorenzo Llorente was already an American citizen when he divorced Paula.
Such was also the situation when he married Alicia and executed his will.
 As stated in Article 15 of the civil code, aliens may obtain divorces abroad,
provided that they are validly required in their National Law. Thus the divorce
obtained by Llorente is valid because the law that governs him is not Philippine
Law but his National Law since the divorce was contracted after he became an
American citizen.
 Furthermore, his National Law allowed divorce.
The case was remanded to the court of origin for determination of the intrinsic
validity of Lorenzo Llorente’s will and determination of the parties’ successional
rights allowing proof of foreign law.
Criticism

 renvoi would place the court in a “ perpetually-enclosed circle form which it would
never emerge and that it would never find a suitable body of substantive rules to
apply to a particular case.”
 Hence the moniker Ping-Pong or Table Tennis Theory
 The theoretical problem presented is that renvoi is workable only if one of the states
rejects it and that it achieves harmony of decisions only if the states concerned do
not agree on applying it the same way.
Thank You for your Attention!