(LAW 312)Conflict of Laws

 What is your understanding of Conflict of Law?

Conflict of Law=Private International Law
- branch of International Law

*A conflict of laws is a situation in which the court has to address questions of

jurisdiction and relevant law. A conflict of laws may arise when parties live in different
jurisdictions, the transactions occurred in more than one jurisdiction, or when the matter
involves the application of some foreign law.

Element (for the application of Private International Law):

1. Foreign Element-when there is no foreign element, there is no conflict of law.

International Law- rules and principles of general application dealing with the conduct of states and of
international ….

Difference between Private International Law vs. Public International Law

Character –(Private IL)-municipal in character /part of the law of the local forum;(Public IL) Binding to all
the communities of the nation

Main Subject - (Private IL)Private individuals; (Public IL)sovereign states

Interest - Private interest, public interest

Remedies for Issues involving Public International Law and Private International Law

Peaceful and Forcible Remedy…

Saudi Arabian Airlines Vs. Court of Appeals, 297 SCRA 469, G.R. 122191, G.R. No. 122494, October
8,1998…

Example: Filipino Citizen(woman)22 and gentlemen17 went to a vacation, Australia. While in Australia,
they decided to get married. As far in the law of Australia, it is valid. Is it also valid here in the
Philippines?

No. Art 26(Family Code). A marriage is considered valid where it is celebrated except for marriages
under Art 35,36,37,38.

Phases in COL Resolution/ Stages in

1. Jurisdiction - authority of court of law to take cognizance of a case

2. Choice of Law - refers to the determination of the law applicable
3. Recognition and Enforcement – concerns the enforcement of foreign law and judgments in
other jurisdictions
FC- 10,21,26,35,36,37,38,80,96,184,187

CC-14,17,815,816,818,819,829,1039,1317,1753

PC-0

Ways of Dismissing…

Instances when Internal Law Should be Applied:

a. A specific Law of the forum decrees that internal law should apply
Examples: i. Article 16 of the Civil Code – real and personal property subject to the law
of the country where they are situated and testamentary succession governed by lex
nationalii; ii. Article 829 of the Civil Code – makes revocation done outside Philippines
valid according to law of the place where will was made or lex domicilii; Article 819 of
the Civil Code- prohibits Filipinos from making joint will even if valid in foreign country.

b. The proper foreign law was not properly pleaded and proved