CONFLICT OF LAWS- FINALS

Conflict of Laws
Is the inconsistency or difference between the laws of different states or countries, arising in the case of
persons who have acquired rights, incurred obligations, injuries and damages, or made contracts within the
territory of two or more jurisdictions.

Phases in Conflict Resolution

1. Jurisdiction;
2. Choice of Law;
3. Recognition and Enforcement of Judgment

COMITY- the principle that one sovereign nation voluntarily adopts

or enforces the laws of another sovereign nation out of deference,
mutuality and respect.

---- in sentence:
Sovereign authority must be exercised by way of comity

Foreign Element
- A factual situation affecting territorial lines and the laws of
the concerned states (2 or more)

Different LEXes. S.F loci DR. Cc.A.D

Lex SITUS – where property is located (acquisition, transfer and
devolution)
Lex FORI – law of forum, where case is filed
Lex LOCI ACTUS – law where act is done
Lex LOCI CELEBRATIONIS/ CONTRACTUS – where contract is
entered or place of performance
Lex LOCI DELICTUS – where offense or wrong took place
Lex Loci DOMICILLI – law of place of the domicile of the person
Lex loci REI SITAE (lex situs) – law where thing is situated

Kilberg Doctrine
the forum is not bound by the law of the place of injury or death as
to the limitation on damages for wrongful act because such rule is
procedural and hence, the law of the forum governs the issue;
-
Forum is not bound by the law of the place of injury or death as to
the limitation on damages for wrongful death action. The rationale
behind this doctrine is that laws that set limitations in damages are
procedural. Hence, the law of the forum should govern the issue.
Two aspects that determines the validity of a WILL

EXTRINSIC VALIDITY
Refers to form of the will and its due execution
- It determines the ff:
1. Whether the instrument is truly the decedent’s last will
2. Whether it complies with the formalities prescribed by the law
3. Whether the testator had testamentary capacity at the time he executed the will
4. Whether the testator voluntarily executed the will
(Ajero v. CA, 236 SCRA 488)
 If a will passes the test of extrinsic validity, then it will be allowed in court, regardless of its content.
Most significant theory

Contract
Example: Lex Loci Actus – 19
 Contract made in the US
 To be executed in the Philippines
 Frank, Person who signed contract is 16 years old
In this case, it is silent whether the nationality/ citizenship of the A, is not identified
- Because when we talk of legal capacity, it shall be governed by the law of place where such person is a national. Wherein, if you are a
Filipino, Philippine law shall govern- but this case is a 1901 case, perhaps Frank here is a US national

ISSUE:
Is the contract valid?

HELD:
Yes. Infancy cannot be impleaded here, because although in the Philippines, Frank is considered a minor
because 18 is the legal age here, but in the place where the contract was executed 16 y.o is considered of
legal age, so contract is valid.
(Lex Loci Actus)

Application of Foreign Law

GR: no foreign law may, or should interfere with the operation and application of the Philippines Laws.

Exceptions:
1. If there is Philippine bylaws allowing specific application of foreign law to the Phils.
There is law that allows the application of the foreign law ( ex. COGSA)

REVIEW

Basics of Conflict of Laws

Lex Situ
Lex situs…

 The basic principles in resolving conflict of laws are applicable in different subject matters in litigation
 Just memorize the basic principles to be able to answer

ADOPTION (similar law applied for marriage)

Lex Loci Celebraciones

 Where the adoption was performed, the law of the place shall apply

Law of the Place

Law in effect at the time of adoption/ marriage

Special laws on adoption

 1. Domestic adoption (RA 8552)
Adoptions made in the Phils.

Who can adopt?

Adapter:
1. Filipino citizen 16 years older than the person adopted
Exception:
If the adopter is the biological parent

Instances when adoption of Biological

Illegitimate child – conceived outside of a valid marriage
o In order to raise the
o The rights of the adopted child is like that of a legitimate child
2. Foreigner 16 years older than the person being adopted
a. His/her country has diplomatic relations with the country
Why?
To protect the adoptee, in order for our country to have the power to check the safety of the child. Some foreigners are just adopting to be able to
donate an internal organ or for exploitation.
b. 3 years continuous residency in the Philippines
c. Certification of capacity to adopt issued by the embassy of the country of the supposed adopter

SPOUSES should generally adopt together

Consent is necessary by biological parent if the child is to be adopted

Social welfare should be involved.

- Sabot-sabot is not allowed
- For the general welfare of the child
Generally, only a minor can be adopted
 Adoption can only be used as a term if there is a paper already that dictates the adoption
o If no paper, the person can only be considered as a guardian

Whose Consent if necessary to Adoption

1. Consent of the adoptee (if 10 years and older
2. Consent of the biological parent

In the Philippines, adoption is a judicial process.

Landmark Case: 1967 case

Ramirez Marcaida v. Aglubat
GR# L-24006/ 25 Nov. 1967

If such adoption is advantageous to the Filipino citizen, the adoptee, the SC can allow it.
In this case, the adoptee here is being adopted because the adopter wants her to be an heir, it can be allowed.

EXAMINATION ANSWERS
 1. Joseph Basco, a Turkish national, executed a will in the Philippines. In his will, he
expressly stated that the intrinsic validity of his will shall be governed by the
Philippine Laws. He died while domiciled in the Philippines. Basco owns several
personal properties including shares of stocks in the Philippines. His will was
presented for probate in the RTC of Cebu. The laws of Turkey adhere to the
nationality principle.

A. What law shall govern the extrinsic validity of Basco’s will? Explain. (5pts)

B. Is the stipulation in Basco’s will that Philippine Laws shall govern the
intrinsic validity of his will valid? Why? (5pts)

ANSWER:
A. Article 817 is applicable in this case.

Article 817
A will made in the Philippines by a citizen or subject of another country, which is executed in
accordance with the law of the country of which he is a citizen or subject, and which might be proved
and allowed by the law of his own country, shall have the same effect as if executed according to the
laws of the Philippines.

b. Answer:
No. Stipulation is void, or not valid because it is contrary to the provision in the Civil Code, particularly Art. 16
of the Civil Code.
Even if this is a contract, the condition is still invalid because it is contrary to the law.

Art. 16.
Real property as well as personal property is subject to the law of the country where it is situated.

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.

RULE:
If there is condition, if void, such is considered not written. The will is valid, only that the condition is
not considered written.

2. Spouses Vincent (Filipino) and Michaela (Singaporean) executed a joint will in

Singapore for their mutual benefits. Some of the properties of the spouses are
located in the Philippines while others are in Singapore. When Michaela died,
Vincent initiated the probate of their joint will in the RTC of Manila.

a. If you are the Judge, how would you resolve the given case? (5pts)

b. May a Filipino validly bequeath in his will a parcel of land to his caregiver
who is a foreigner? (5pts)

Answer:
 a. As the judge, I will decide to the invalidity of the will as joint will is prohibited under the express
provision Civil Code.
Even though it is allowed in Singapore.

Alt. Ans.
The case will be dismissed.
The civil code is expressly prohibits joint will.
b. No, a Filipino may not validly bequeath in his will a parcel of land to his caregiver who is a foreigner.
As a general rule, only Filipino citizens and corporations or partnerships with at least 60% of the shares owned
by Filipinos (or Philippine Nationals) are entitled to own or acquire land in the Philippines. Foreigners or non-
Philippine nationals may, however, purchase condominiums, buildings, and enter into a long-term land lease.
They can only legally own a residence, provided 60% of the building is owned by a Filipino.
For this purpose, a corporation with 60% Filipino ownership is treated as a Philippine national.

The exception of this is, when the foreigner is a former natural-born Filipino citizen who acquired
foreign citizenship, subject to limitations prescribed by law.

In this case, since the caregiver is a foreigner and it is silent whether the same is under the exceptions
provided. Thus, he cannot outrightly own a piece of land in the Philippines.

Are there any exceptions to the restriction on foreign land acquisition? 

Yes, there are. The list of exceptions to the restriction are as follows: 

 Acquisition before the 1935 Constitution

 Acquisition through hereditary succession if the foreigner is a legal or natural heir
 Purchase of not more than 40% interest in a condominium project
 Purchase by a former natural-born Filipino citizen subject to the limitations prescribed by law (natural-born Filipinos who acquired foreign
citizenship is entitled to own up to 5,000 sq.m. of residential land, and 1 hectare of agricultural or farm land).
 Filipinos who are married to aliens and able to retain their Filipino citizenship (unless by their act or omission they have renounced their
Filipino citizenship)

3. Aaron, a Filipino and Lance, a Canadian national are negotiating for the sale of a parcel of land
located in the Philippines wherein the former is selling his 2-hectares land to the latter. Their
contract was entered into in Canada and such deed is compliant to the formalities established
by the laws of Canada.

a. What law shall govern with respect to the validity of the deed of sale?(5pts)

b. Is the contract of sale valid under our laws? Explain (5pts)

Answer:
a. How to answer: identify the subject matter of the contract
In this case: it is a real property, thus lex rei sitae/ but mention the general rule first

The Lex rei sitae shall govern the validity of the contract.
As a general rule, the law where the contract was instituted should govern (lex loci contractus), except
when the subject matter of the contract is conveyance of a real property.
In this case, although the contract was entered into in Canada, lex loci contractus shall not be applicable
because the subject matter of the contract is a real property located in the Philippines.
 Thus, the law that shall govern is the law of the Philippines.

B. No. The contract is invalid.

Under the constitution, aliens or foreigners are prohibited to own a land in the Philippines.
In this case, Lance is a Canadian national, hence, the contract is void because it is in violation of the
constitution.

4. Gran, a Filipino, was recruited in the Philippines by EDI Corporation to work in

Riyadh, Saudi Arabia. Gran signed an employment contract which specified the
Saudi Labor laws shall govern matters not provided for in the contract. Gran was
terminated from work and upon his return to the Philippines, he filed a case for
illegal dismissal and underpayment of wages with the NLRC. EDI contended that
Saudi Labor laws should apply in the resolution of Grant’s complaint.
a. Is the contention of EDI correct? (5 pts)
b. How a record of public document of a foreign sovereign authority
or tribunal be proved in Philippine courts? (5 pts)

Answer: answer based on the given facts/ draw conclusion in the facts/ don’t think ahead

A. Yes. Generally EDI is correct.

As a general rule, if there is a stipulation on what law shall govern between the parties, the
same has to be applied. The agreement can only be ignored if such chosen law is contrary
to public policy.

In this case, there is an agreement that Saudi Arabia Law shall govern. Since it is not
stated in the facts that SA Law allows dismissal based on the discretion of the employer,
the same cannot be considered as contrary to public policy.

Thus, EDI’s contention is correct.

-----
EDI’s contention will be incorrect if it is stated in the facts the SA law allows dismissal due
only to discretion of employer, since it is already contrary to public policy.

B. How a record of public doc of a foreign authority is proven in the Philippine courts:
1. By presenting the official publication of the foreign document in court, or
2. Present a copy authenticated by the office that keeps such document

5. A motor vehicle collision involving Indiana residents Stephen, on one hand, and
Melton, on the other hand, occurred in Laurence County, Illinois. Stephen sued
Melton before a trial court in Indiana. The trial court ruled that the laws of the
State of Illinois applies to the motor vehicle collision happening in the State of
Illinois.
a. What law shall govern in a motor vehicle collision happening in Illinois between
two Indiana residents? (5 pts)
 b. May the law of the forum be applied instead of the law of the foreign sovereign
from which the tort happened? If yes, in what instances? If no, Why? (5 pts)

Answer:
A. The law where the wrongful act must govern.
As a general rule, under the Lex Loci Delicti doctrine, the law of the place where the wrongful act
was committed shall govern. The exception of this is whether the court of the forum, under Kilberg
Doctrine, will apply.

In this case, the accident happened in the state of Illinois, which means that the law of illinios
should govern. However, the court of the forum can decide whether to follow the rule or not,
especially if the states where the tort happened has no relations with the state where the accused
resides.

B. Yes, the law of the forum may be applied. (43mins)

Under the Kilberg doctrine

6. Jimmy Morgan, a British national married Roxanne, a Filipina. They have a child
named Joanna. Jimmy died in the Philippines leaving several properties located in
the Philippines. During the settlement of his estate (meaning, there is already a case,
so what legal action should you do?) in the Regional Trial Court (RTC) of Manila, 5
children, claiming to be Jimmy’s children by previous marriage in United Kingdom
appeared. They consulted you as counsel in order to protect their rights over the
estate of their alleged father.
a. Being their chosen counsel, what legal action would you do in order to
protect the rights of your clients? (5pts)
b. What are the instances wherein the Philippine laws shall be applied in the
distribution of the estate of an alien decedent instead of his national law?
(5pts)

Answer: (case is a mix of civil procedure and conflict of laws)

a. As the counsel, I will file a complaint in intervention (Rule 19) to let the parties know
that the children of Jimmy have interest over the subject matter.

I will also ask the children to furnish a true/ authenticated true copy of their birth
certificates which shows the name of their father, and also provide the marriage
certificate of their parents which also shows their names. In the action filed, I will
include in the prayer that the children are entitled to the legitime of their father

(don’t answer that you will require clients for DNA- utilize first legal documents to be presented.. DNA should
be the last resort if all else fail)

LEGITIME- literally mean the forced share or forced portion.

 - Refers to that portion of a parent’s property that would bequeath upon the children of
deceased by law. A legitime is only a fraction of the entire property of the deceased. A child is
entitled to receive at least 25% of the decedent’s estate.
-
b. Our law provides for the nationality principle (Art. 16, 2 nd paragraph)
If the decedent is an alien, the national law of the decedent shall govern. Which means,
no matter where the property is located, the national law of the decedent will govern,
under the Civil Code.

Question is, is there an instance when Philippine law shall apply?

Doctrine of processual presumption.

Under our law, under Rule 16, if an alien dies, the distribution of his properties will use
his national law to distribute his properties. However, if he cannot present a certified
law of the nation where he is a national, then the doctrine of processual presumption
sits in.

1. When the party concerned fails to prove in court the national law of the
decedent. In such a case, doctrine of processual presumption sits in- the
Philippine Law shall apply.
2. When the national law of the decedent adheres to domiciliary principle, and the
decedent died in another country (or in the Philippines).

If the decedent died in the Philippines and his national law adheres to the
domiciliary principle, then the Philippine law shall apply in this case, invoking
renvoi doctrine

 In this two instances, Philippine law shall apply, instead of the national law of the decedent.

Rules on settlement of Estate of an Alien decedent:

When the decedent has no will

Or if there is a will executed in the Philippines

Doctrine of processual presumption applies.

NATIONALITY PRINCIPLE

Exception:

(Lex rie sitae is not applicable here. The question is about succession- the settlement of estate. We
are talking here of the distribution of property through succession.)

Lex rei sitae-

Exception is- succession.

7. Bob, a Filipino, executed a will in the Philippines. The next month, while having a
vacation in Spain, he decided to revoke the will he previously executed. Thus, he
executed another will in Spain, expressly revoking his first will. When he returned
to Philippines, he again changed his mind, and decided to revoke his second will by
executing another will which expressly revoked his 2nd will.
a. What law shall govern with respect to the extrinsic validity of Bob’s second
will? Why? (5pts)
b. What is the effect of the 3rd will with respect to the 1st and 2nd will?(5pts)

ANSWER:
a. The law of the place where the will was executed.
The second will was executed in Spain, in terms of extrinsic validity, such as the

b. In revocation,

1st will – revoked by 2nd will- and the 3rd will revoked the 2nd will
If the 2nd will which revoked the 1st will, has been revoked,
Does it revive the 1st will?
NO, the 3rd will revoked both 1st and 2nd will--- unless there is a stipulation that the 1st will is revived.