Important Concepts in the application of COL

o Lex Domicilii- the law of the domicile; in conflicts, the law of one’s domicile applied in the choice
of law questions

Example #1: There is a question of what law is applicable. A Californian citizen residing for a long
time in the Philippines for 30-40 yrs. He has properties located in the Philippines and California.
He died in the Philippines. Survived by 4 children- 2 Californians, 2 Filipino. How would you
distribute the estate of the decedent? What law will apply?

Answer:
Under Article 16 of the Civil Code in relation to Art 15, we adhere to National Law Theory. The
national law of America will prevail.

Which part of the National Law?

Answer: Apply the Rule on Renvoi. In this case, we can resolve it in accordance with the conflict
of law rules of California where one rule stated that estate of the decedent shall be distributed in
accordance with the law of his domicile (Philippines). But the Philippine law said that it shall be
distributed in accordance with his national law(California)[gatuyok tuyok, but…] Generally, the
local forum must exercise jurisdiction and apply the local law in order to stop unlimited referral.
[Note: this is in application of Lex Domicilii]

o Lex Fori- law of the forum; that is, the positive law of the State, country or jurisdiction of whose
judicial system the suit is brought. Substantive rights are determined by the law where the action
arose (lex loci) while the procedural rights are governed by the law of the place of the forum(lex
fori).

o Lex Loci- law of the place

o Lex Loci Contractus- the law of the place where the contract was made or law of the place where
the contract is to be governed (place of performance) which may or may not be the same as that
of the place where it was made.

o Lex Loci Rei Sitae- law of the place where the thing or subject matter is situated, the title to realty
or question of real estate law can be affected only by the law of the place where it is situated.

Note: This is from under the first part of Article 16 on what law will determine the status, condition
and disposition of personal and real property.

o Lex Situs- law of the place where property is situated; the general rule is that real property is
governed by the law of State where it is situated.

o Lex Loci Actus- law of the place where the act was done
 o Lex Loci Celebrationis- law of the place where the contract is made

o Renvoi Doctrine- doctrine whereby a jural matter is presented which the conflict of law rules of
the forum refers to a foreign law which in turn, refers the matter back to the law of the forum of
a third State. When reference is made back to the law of the forum, this is said to be remission,
while reference to a third State is call transmission.

o Double Renvoi- occurs when the local court, in adopting the foreign court theory, discovers that
the foreign court accepts renvoi; ultimately then, it is the foreign internal law that will be used.

o Desistment- mutual disclaimer of jurisdiction.

o Foreign Court Theory- the local forum, in deciding the case, will put itself in the position of the
foreign court, and whatever the foreign court will do respecting the case, the local forum will
likewise do.

o Nationality Theory- by virtue of which the status and capacity of an individual are generally
governed by the law of his nationality. This is principally adopted in the RP.

o Domiciliary Theory- in general, the status, condition, rights, obligations, & capacity of a person
should be governed by the law of his domicile.

o Long Arm Statues- statues allowing the courts to exercise jurisdiction when there are minimum
contacts between the non-resident defendant and the forum.

Aznar vs. Aznar