CONFLICT OF LAWS

Final Examination

Part One

a) What is your understanding of a conflict of laws problem?

b) Give three (3) factual situations which have foreign element in them.

II

a) Discuss the three phases in the resolution of a conflicts problem.

b) It is a legally accepted principle that the laws of one State have no effect and
application in another State. Is this an absolute rule in the Philippines? Discuss.

III

a) In a conflict of laws problem, if the law of the forum does not provide a norm of rule
for the court to follow in deciding such question submitted to it, may the court of the
forum decline to render judgment? Discuss.

b) Mauricio, a Filipino was working in Riyadh, Saudi Arabia when he received a letter
from Palace Hotel recruiting him for employment in Beijing, China. Mauricio accepted
the offer. Subsequently, however, his employment with Palace Hotel was terminated
supposedly due to business reverses arising from political upheavals in China.
Mauricio later filed a Complaint for illegal dismissal against the Palace Hotel before
the National Labor Relations Commission (NCLRC) in Manila.

May the NLRC exercise jurisdiction over the case? Discuss.

IV

a) Plaintiff, a Filipino citizen residing in Manila filed an action in the proper court, which
action affects the plaintiff’s personal status, against the defendant who is a foreign
national residing abroad. How may the court of the forum acquire jurisdiction over
the person of the defendant. Explain.

b) True or False. Please explain your answer.

b.1 In a contract, the parties can stipulate as to the jurisdiction of the court over
the subject matter of the dispute.

b.2 An agreement on the filing of a suit in the court of a state is one of venue and
not of jurisdiction.

b.3 Supposing the agreement contained a stipulation excluding other states as

the venue of the suit, will such stipulation be considered as valid?

b.4 In a conflicts problem, if the court of the forum is vested with jurisdiction under
its local laws, said court cannot be allowed to refuse the case.

b.5 In a civil action for damages against a defendant who does not reside in the
Philippines, service of summons by publication is sufficient to acquire
jurisdiction over the defendant.

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 V

a) Pursuant to the arbitration clause in their contract, ABC Company, a Malaysian firm,
filed an arbitration case against XYZ Company, a Filipino-owned company before the
Singaporean Arbitration Center. After hearing the case, the arbitration body
rendered an award in favor of ABC Company. Is the arbitral award subject to
recognition or enforcement? Explain.

b) Is a foreign divorce decree subject to enforcement or recognition in our jurisdiction?

Explain.

VI

a) Are the principles of international law applicable in our jurisdiction, even if not
properly pleaded, or even if pleaded but is not proved? Explain.

b) Under the principle of party autonomy in contracts, it is an absolute rule that the
contracting parties may establish such stipulations as they may deem convenient. Is
the statement legally correct?

VII

a) In conflicts problem what is the default law?

b) A Japanese national entered into a contract of services with a Japanese company in

Japan, and that the services to be rendered will be in the Philippines. If a dispute
arises as to the interpretation of the contract, as will as to the rights and obligations
of the parties, what law will govern? Discuss.

VIII

a) What is meant by processual presumption?

b) Examining the provisions of Art. 16, par. 2, NCC, is it necessary to plead and prove
the national law of the decedent?

IX

Miguel, a Filipino who was then a resident of Bolinao, Pangasinan, immigrated to the U.S. in
1984. He became a greencard holder of the U.S. and regarded as permanent resident
thereof.

a) Has Miguel abandoned his domicile in the Philippines? Explain.

b) Suppose Miguel plans to run for a public office comes 2022 and seeks your
legal advice on how he will go about it, what will be your advice?

a) Discuss the importance of citizenship.

b) Explain what is derivative citizenship as provided under R.A. No. 9225.

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 Part Two

Filipino couple Mario and Katrina decided to resort to artificial insemination using Mario’s
sperm and Katrina’s egg. The spouses likewise entered into an agreement with Ivanka, a
Russian woman whereby the latter agreed to be a surrogate mother, with specified amount
as compensation. After the birth of the child in Manila, Ivanka will immediately deliver the
custody of the child to the spouses, and with the latter’s names to be indicated as biological
parents of the child, in the Certificate of Live Birth.

Express your views on the legal aspects of this agreement.

II

Roger de la Cruz, a Filipino, became a naturalized citizen of Austria in 2001. He then

underwent a sex reassignment purposely to become a “woman”. Suppose under the laws
of Austria, it is legally allowed, on account of sex change, to change the gender from “male”
to “female”, and the person’s name from “Roger” to Regine”. After the occurrence of these
events, Regine asked Rocky, a Filipino citizen in Manila to come to Austria. Since Rocky
was the childhood love of Regine, they took no time to have their marriage celebrated in
Austria, where such marriage is considered valid.

From the viewpoint of Philippine law on marriage, state your views on the validity of such
marriage, and the governing law on their marital rights and obligations.

III

Medardo and Clara, both Filipinos, got married in Mauban, Quezon in 1990 and had three
children. In 2004, Clara left the conjugal residence and went to the U.S. Three years after
she left, Medardo received a legal notice requesting him to give his consent to the divorce
proceedings filed by Clara. Medardo, ignored the request. In 2008, Medardo was notified
that Clara’s petition for divorce was granted by the U.S. court, and subsequently thereafter,
Clara got married to an American national. But Medardo learned later that Clara acquired
U.S. citizenship only after her marriage to the American national.

With these facts, is Article 26 of the Family Code, applicable?

IV

James Bounds, an American, got married to Rose, a Filipina, in a church wedding in Jaro,
Iloilo in 1998. During the marriage, the couple acquired by sale a two-hectare property in
Boracay Island where they constructed a hotel-resort complex. The land was registered in
the name of “Rose…. Married to James Bounds. Due to alleged infidelity of James, Rose
filed a petition for legal separation and for termination of conjugal partnership. Rose
admitted that the money used to buy and develop the property came solely from James.
But in order not to prolong the proceedings, the parties entered into a compromise
agreement, subject to court approval, that allowed James’ ownership in his own name of
one-half of the hotel-resort.

Discuss the validity of their agreement.

Van Dam, a Dutch national was married to Erica, a Filipina, in the Netherlands. They begot
a child named Robert. Every year they come to the Philippines to visit Erica’s family. But
the marriage did not last because Van Dam had relationship with another woman, who
happened to be a Filipina also. Hence, they divorced in the Netherlands. Back in Manila,
Erica found out that Van Dam and his other woman were staying in a rented condo in

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Manila. She then filed a petition for support for Robert who was then a minor in her custody
in the proper court in Manila. Answering the petition, Van Dam alleged that in Netherlands,
parents of the children are not obliged to support their children because the State assumes
all the responsibilities to them. Netherlands is a rich country, such that all the needs of the
Dutch children are take cared of by the State.

Discuss the merits of Van Dam’s contentions.

VI

Alfred, a citizen of Belgium but domiciled in Manila, died intestate, leaving properties in
Manila and Belgium. He had two illegitimate children with a Filipino woman who lives in
Cebu City. Under Philippine law, the rule on succession in this case, calls for the
application of the national law of the decedent. However, an examination of the whole
Belgian law, showed that the estate should be distributed applying the law of the decedent’s
last domicile.

How should the property now be distributed? Discuss.

VII

Ellen made a will instituting the following as her heirs to portions of her estate.

a) To Liza, a one-hectare land situated in Bulacan. Liza is an adopted daughter who is

now an American citizen, married to an American national, and domiciled in the U.S.

b) To Richard, a 400 sq. m. land in Makati. Richard is Ellen’s grandson, whose father
is already dead. But Richard is now a Canadian citizen, living in Canada.

c) To Mickey, a one-hectare land in Bohol. Mickey is Ellen’s American investment

partner.

d) To Sue, a 300-sq.m. land in Quezon City. Sue is a former natural-born Filipino

citizen who is Ellen’s best friend.

If you are the counsel of Ellen’s only legitimate daughter, what are your comments to these
testamentary dispositions.

VIII

Sonny Lopez, was born in the U.S. to Filipino parents in 1952. He grew up and studied as
well in the U.S. He admits to be a U.S. citizen and carries with him U.S. passport in all his
travels. On the other hand, Sonny also claims to be a Filipino citizen applying the principle
of jus sanjuinis.

In your opinion, will Sonny qualify to be a shareholder and President/CEO of XBN, a mass
media company operating in the Philippines?

IX

a) Under what circumstances may the Philippines invoke the Protective Theory in
crimes?

b) Suppose in Saudi Arabia, a convicted Filipino citizen for a crime committed in that
country, may be freed upon payment of “blood money” with the acceptance of the
victim’s family.

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 Do you think payment of “blood money” should also be allowed in our country on
account of reciprocity?

a) A domestic corporation is 51% owned by Filipinos and 49% by Singaporeans. May

said corporation be allowed to engage in water supply distributed in the country?

b) SBMA sued UIG of Taiwan for breach of contract and termination of their agreement.
On the other hand, UIG filed a counterclaim for damages arising from alleged illegal
pre-termination of contract. SBMA moved for the dismissal of UIG’s counterclaim on
the ground that UIG while doing business in the country had not obtained license to
do business.

Will you sustain SBMA’s contention?

 End 

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