Midterm Examinations

Conflict of Laws
12 September 2021 8:00 A.M. – 10:00 A.M.
-----------------------------------------------------------------------------------------------------------

Reminder: Answer as if you are taking the Bar Examinations today.

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)

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)

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)

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)

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

Page 1 of 2
 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)

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 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)

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)

Success is nothing
more than a few simple
disciplines, practiced every day.
- Jim Rohn

Prepared by:

FERNANDO B. ALONZO
Professor

Page 2 of 2