Tarlac State University – School of Law

Conflict of Laws
Atty. Catherine Rose G. Diaz
Course Outline

I. Conflict of Laws in General

A. Scope of Conflict of Laws: Definition and Importance; Object, Function,

and Scope
B. Distinguished from Public International Law
C. Sources of Conflict of Laws
➢ HAGUE CONFERENCE ON PRIVATE INTERNATIONAL LAW
D. Nature and Composition of Conflict Rules
i. Purely Internal Provision of Law v. Conflicts Rule
ii. Kinds of Conflict Rules
iii. Parts of a Conflict Rule
➢ Doctrine of Characterization/Doctrine of Qualification
iv. Characterization of Conflict Rules: Subject Matter
Characterization and Substance-Procedure Dichotomy
v. Kilberg Doctrine

II. Personal Law

A. Importance
B. Nationality Theory
i. Determination of Nationality
ii. Dual/Multiple Citizenship and the principle of Effective
Nationality
iii. Statelessness
➢ Rule on Facilitated Naturalization of Refugees and Stateless
Persons (A.M. No. 21-07-22-SC)
C. Domiciliary Theory
i. General Rules on Domicile
ii. Kinds of Domicile
D. Situs or Eclectic Theory
E. Personal Status and Capacity
i. Beginning and End of Personality
❖ Geluz v. CA, En Banc, G.R. No. L-16439, July 20, 1961
❖ Continental Steel Manufacturing v. Montao, G.R. No.
182836, October 13, 2009
ii. Absence
iii. Name
iv. Age of Majority
v. Capacity
❖ Insular Government v. Frank, 13 Phil 236 (1909)
❖ Catalan v. Basa, G.R. No. 159567, July 31, 2007