Sacred yw MYRY AID Tirteraty Meg Un - ROT Be Optra Carte = Mm CONFLICT OF LAWS (PRIVATE INTERNATIONAL LAW) CONFLICT OF LAWS OR PRIVATE INTERNATIONAL LAW. Conflict of Laws Is that part of the municipal law of a state which directs its courts and administrative agencies, when confronted. with a legal problem involving a foreign .element, whether or not they should apply a foreign laiw(s) (PARAS, Phillppine Conflict of Laws (1996), p. 2 (hereinafter, PARAS, Conflict) ‘The law conceming the rights of persons within the territory and dominion of one nation, by reason of acs, private or public, done within the dominion of another nation (Hillon v. Guyot, 159 U.S. 113, June 3, 1895). It is fundamentally a problem of choice of law | between foreign law and local or munigipal lavi; by the forum court, with local or municipal law as its starting point (AGPALO, Conflict of Laws (2004), p11 (hereinafter, AGPALO, Conflict). “> CONFLICT OF LAWS CASE ‘Any case involving facts occurring in more than one, state or nation that must choose between the laws of different states or countries in deciding the'case > (SEMPIO-DIY, Handbook on Conflict »of Laws. (2004), p. 1 hereinafter, SEMPIO-DIY, Conflict), WHAT DOES “STATE” MEAN IN CONFLICT OF LAWS? TT Includes not only foreign sovereign countries or states but also political subdivisions of states or ‘countries which have their own legal systems (Id. at 9). BASIC CAUSE FOR CONFLICT OF LAWS CASE LAWS CASE __ They come info being through variance in the municipal laws of the countries involved. Even assuming that’ laws in various countries are uniformly the same, different municipal tribunals may stil give identical laws varying interpretations (PARAS, Contlict, supra at 6). ‘THREE-FOLD FUNCTIONS OF PRIVATE INTERNATIONAL LAW: 4. Question of Jurisdiction = prescribes the conditions under which a court for agency is competent to entertain proceedings with foreign elements. Question of Applicability of a Foreign = Judgment = specifiés the circumstances in which foreign judgment \will be recognized as valid and binding if the forum. / Quéstion ofChoice of Law —deterniines: the particular system of law for each class of cases to ascertain the rights of parties (PARAS, Conflict, supra at 6). ' ELEMENTS OF CONFLICT OF LAWS: t oe problem or case involving a ign element; and se NOTE: Foreign element — factuabisituat cutting across. territorial lines, laffected::it diverse laws of two or mdréStatesorithg 2 yd_bssingooor] DOHN ALFRED E. AQUILIZAN, Over-All Chairperson | NICHOLE VANE B. SANTOS, Chairperson for Acadégves | RONALYN A | CACOLAL Ad Ho: Dirt fr ar Matters | MARIELLE CIELO B, BELGIRA, Vie Oharpeson fr Fay f Wi chub fr Operations |ALISSA MARIE D.C, DELOS SANTOS, Vee Chatreran or ut CORINA TAMMPUS: Are hat peiek for Secretariat | ARVY KEITH CHUNG, Vice Chairperson for Logistics | ANTONIO JUN-JUN C. M AMnberhip|JORDAN N. CHAVEZ Vix Charpertnfor lr Dat Preaing J Re 'NOSLEN ANGINEB E, MENDOZA, Subject Chir] KING LAURENZS. MASILUNGAN, Assistant PERALTA, Subject Electronic Data Processing | SUBJECT HEADS: JOAN.V. LAGRADILLA, Age BULATAO, Conflicts of Law | JESSU R. TRINIDAD, Loan and Deposit | SKYTBEUETCE CHRISTIENNE NATHALIE A. BERONA, Persons ond Family Relations | KRISTOFFER MONICO S, D. MALLARI, Land Tier and Deeds | MARISOL. 0, SISON, Sales| GEM EDWARD'®: AQUINO- To Succession | ‘VERONICA V. VELASQUEZ, AL ROME SAMANTHA. YVES O. PLACIDO, QUENNIE IRIS V. BULATAQ,| CHARISMA 'T. CHAN, ROCKYLLE DOMINIQUE L. BALISONG, RO§ LYSSA AIMEE S, BATLE, MICHELLE LD] tel pee AMSON,” Obigationt-and Contract] [NG, Property| JULEEN EVETTE, PATRICIA MAE R-PEDERIS.+ astosted nil [snoitemsini iIsqisinurn —_IsnoileHt Esso INID/ IA MARIE. G, ELLE JUNE Gi CBRERC pe REYe INANE HELENE P.REYEC! ITA DDE, Ra MARIE G. SANTOS, YUMIKO ANGELIUS M. YOSHTY, MARY JOY B. DELA CRUZ, JESSA A. YALAO,, KIEZLLE CAYNE D, MANALILL ANNA ROCHELLE D. PAYONGAYONG, MA. NICOLAIM, TORRES and MIKHAILA KLAUDINE A. ROSALES ratty: LYAN DAVID M, JUANICO and Dean ULPIANO P. SARMINETO IIL Scanned with CamScanner = Ka ay a ° 7) [2 2 ay z ra fe) 3°Presence of foreign. element in aca: determines the existence of a Conflict of Laws situation. Where there is no foreign element, no Conflict of Laws exists (AGPALO, Conflict, supra at 12), A foreign element is anything which is not domestic and has a foreign component to it. It can be a foreigner, a foreign corporation, an incident happening in a foreign country, or a foreign law chosen by the parties. Without a foreign element, the case is only a domestic. problem (PE BENITO, Conflict of Laws (2016), P. 11 [hereinatter, PE BENITO, Conflict). Determination of whether the law or judgments of other State/s will govern and if so, the extent of its Fecognition/application in the forum (COQUIA & —AGUILING-PANGALANGAN, Conflict of Laws: Cases Materials _and~ ‘Comments (2000) p. 57 {hereinafter, COQUIA, Conflict). fox Pr The enforcement of rights accrued in a country in the form of an action filed in Philippine courts by.a citizen or aggrieved person; and Recognition and enforcement of —foreign-— judgment (AGPALO, Confict, supra até). PUBLIC INTERNATIONAL LAW AND PRIVATE INTERNATIONAL LAW, ~ DISTINGUISHED. mnie PRIVATE INTERNATIONAL INTERNATIONAL NE LAW Eo eatic) International conventions, international custom, the general principles of law recognized by’ civilized nations, and judicial decisions andthe teachings of the most ‘municipal laws, which cludes the constitution and. statutes adopted by individual countries (PE BENITO, CONFLICTS OF Law Civil Lay Iie INTERNATIONAL Ne PRIVATE ITT wx) COO cu Maree) Sovereign states and entities possessed of intemational personality, exceptionally, individuals, 00 Private individuals oy ‘As to Transactions involved Strictly nature Transactions entered into which generally affect, public interest; transactions which sovereign are interested Eooseuce ey vrice InCase_f Violation of | Resort to. municipal International” Law, resort tribunals or Private i] in States tender) and. exer oad jpffices, [mei ity and conciliation, arbitfation, / ~udicial setiement / by” the infernational’ Court of 4 7 everanoe of diplomatic irelations;“" —retorsions, reprisals, embargo, boycott, non-intercourse, pacific blockades, collective measures under the U.N. Charter, and finally, war. highly qualified publicists ‘of the various nations (Statute. of. the Intemational Court _of| Justice, Art. 38(1)). Conflict, supra at 2). Pera Meee International in character National, or local (PE Conflict, supra at 2). municipal, character BENITO, (PARAS, Conflict, supra at 10-17). SOURCES: 1. Direct Sources: : a. Treaties and international conventions: b. Constitutions; c. Codifications and statutes; d. Judicial decisions; and e. International customs Indirect Sources: a. Natural moral law; and 2 Scanned with CamScannerTT Pere MEMORY AID Ean Goda Unvaay Catge of Le = ROCT Bw Operations Cantar b. Writings and-treatises of thinkers, famous writers, and jurists on the subject, among others (SEMPIO-DIY, Conflict, supra at 7). A formal treaty is not the lone primary source of ‘customary international law. Among other things, courts consider international custom as evidence of f general practice accepted as law. Where there is no treaty, and no controlling executive or legislative act or judicial decision, resort must be had to the ‘Customs and usages of civilized nations (Abdullahi v. Pfizer, Inc., 562 F.3d 163, January 30, 2009). HISTORY AND DEVELOPMENT 1. 14” century (Theory of Stat = Bartolus, “Father of Conflict of Laws,” formulated the Theory of Statutes in which Conflicts were resolved by classifying the issues. based on real, personal, and mixed statutes. The classifications were overlapping. 2. 16" century ~ Customs were used for resolving Conflicts; 3. 17" century (Doctrine of Comitas Gentium) — relied_on the theory of State sovereignty; denied that States were under any legal obligation to apply foreign law, unless made out of considerations of courtesy and expediency. 4. Beginning of codifications. ~ = Conflict of Laws provisions, were. included in the civil codes of the states (SALONGA, Private Intemational Law (1995), pp.15-17) [hereinafter SALONGA; Confit) PHASES IN CONFLICTS RESOLUTION 1. Jurisdiction ~concems the authority of a court of law to take cognizance of a case (Where can or should Itigation be initiated?).. 2. Choice. of Law = refers to the applicable law to the problem (Which law will the court apply?). 3. Recognition and Enforcement = concerns the enforcement of foreign laws and judgments in another jurisdiction (Where can the resulting judgment be enforced?). These three phases are separate from each other ‘and a defense in one phase is not a defense in other. Phases (PE BENITO, Conflict, supra at 12). |n the judicial resolution of conflicts problems, three consecutive phases are involved: jurisdiction, choice of law, and recognition and enf tion. and enforcement of judgments. Corresponding to these phi =e Slowing questions: pieee ae oe . Where can or should tigation be inated; 2. Which law will the court apply; and 3. Where can the resulting judgment be enforced (Hasegawa v. Kitamura, GR. No. 149177, November 23, 2007). GENERAL RULE: Itis the right of a State to exercise authority over persons and things within its boundaries, subject to certain exceptions (Hongkong’ and Shanghai Banking Corporation v. ‘Sherman, G.R. No. 72494, August 11,-1989).. KINDS OF JURISDICTION IN CONFLICT OF LAWS: 1. Judicial Jurisdiction = powersor authority of a court to try a case, -rénider judgment and execute it in accordance with law. /\\ 2. Legislative Jurisdiction = ability of. the State to promulgate laws and enforce them on all persons and property within its territory. {COQUIA, Conflict, supra at 20). Jurisdiction and choice of law are two distinct concepts. Jurisdiction considers whether itis fairto ‘calise a defendant to travel to this state. Choice of law, onthe other hand, asks the further question whether the application of a substantive law which will determine the merits of the case is fair to both parties, The power to exercise jurisdiction does not automatically give a state constitutional authority to apply forum law. While jurisdiction and the choice of the lex for’ will often coincide, the "minimum contacts" for one do not always provide the necessary "significant contacts" for the other. The question of whether the law of a state can be applied to a transaction is different from the question of whether the courts of that stale have jurisdiction to enter a judgment(Saudi Arabian Airlines v.- Rebesencio, G.R. No. 198587, January 14, 2015). STEPS IN DEALING WITH A PROBLEM IN CONFLICT OF LAWS: 7, Determine whether the court has jurisdiction over the case. If it has no jurisdiction, the case should be dismissed on that ground. 2. Ifithas jurisdiction, it may: a. Refuse to assume jurisdiction on the ground of forum non conveniens; oF Scanned with CamScanner CONFLICTS OF LAWb. Assume jurisdiction, in which case aa i in Whi it may |. Apply the internal law of the forum (lex fori: q li, Apply. the proper foreign law (lex causae) (PARAS, Conflict, supra at 25) LONG-ARM STATUTES Legislative act which provides for personal Jurisdiction, via substituted servic or process, over Persons or corporations which are non- residents of the state and which-voluntarly go into the state, directly or by agent or communicate with persons in the state for limited purposes, inactions which Concern claims relating to performance or execution of those purposes. These are statutes allowing the courts to exercise jurisdiction when there are minimum. contacts between the non-resident defendant and the forum. (Black's'Law Dictionary, 5th Ed. 1979). a TYPES OF JUDICIAL JURISDICTION: 1, Jurisdiction over the person \. The competence or power of'a tourt to fender.a-— judgment that will bind the-partiés’tora case (SEMPIO-DIY, Confit, sipraat 9. / » fa Jurisdiction over the pefson of the Plintif is ® Somuivod tom the ome he invokes the aor power of the cut}by inttyting an action through proper pleading Jursdicion ove the ergon ofthe g wired through: WSC iF Joluntary appearance where action isin. | * personam (RULES\OF COURT, RULES 44, Sec. 23); Ce i, Coeteve process through oN substituted service of sur j sett e personam (mols or \V| COURT, RULE 14; Secs. 5 and 6); Constructive Service by Publication where the identityfwhereabouts of defendant is unknown (RULES OF COURT, RULE 14, Sec. 16); Extreetitorial, Service (RULES OF COURT, Rule 14, Secs. 17 and 18); and v. Service upon a foreign private juridical entity which has transacted business in the Philipines through its. resident agent designated’ In accordance with law for that purpose, or if none, the ‘government oficial designated by law to that effect, or any ofits officers, agents, irectors or trustees within the Philippines. if the foreign private {iia ently is not registered in the lippines, or has no resident agent but ‘as transacted or is doiig business ini, How Acquired: 1 atendant a \>“b-“institution’ of legal proceedings wherein, Vues ‘Special provisions of law, the power of AM the CONFLICTS OF LAW Civil Law as defined by law, such service may, with leave of court, be effected Outside of the Philippines through any of the following means: 1.) By personal service coursed through the appropriate court in the foreign country with the assistance of the department of foreign affairs; By publication once in a newspaper ‘of general circulation in the country where the defendant may be found and by serving a copy of the summons and the court order by registered mail at the last known address of the defendant; By facsimile; By electronic means with the prescribed proof of service; or By such other means as the court, inits discretion, may direct (RULES ‘OF COURT, Rule 14, Sec. 14) 2 LN surigdiction over the Res jurisdiction over the particular subject matter in controversy, regardless of the persons who may bbe Interested therein (PARAS, Conflict, supra at 29, pam ang conte supra at 7). \p\ A Referred to\a8 in rom jurisdiction in contrast to in ‘personam jufisdiction, which binds only the parties and their) successors-in-interest, A personal action, However, may be converted to ~inirem by attachment of property, among others ASEMPIO-DIY, Coffe, supra at 7). (How Acquired:/ va. Séizure of property under a legal process; or the*Court over the property is recognized ») and made effective (Heirs of Morales. V. Agustin, G.R. No. 224849, June 6, 2018). Quasi in_rem jurisdiction affects only the interests of particular persons in the thing. In such case, the court may render valid judgment. when it has jurisdiction over the particular persons whose interests are affected (SEMPIO- DIY, Conflict, supra at 7) Long-arm Statute A law that allows a. plaintiff to make a claim against a non-resident defendant, provided there are minimum contacts with the forum to justify its exercise of jurisdiction over him (COQUIA, Conffict, supra at 36). Scanned with CamScannerMEMORY AID. ‘Sin Boca UnvertyCoge aw RCT 3. Jurisdiction over the Subject Matter it is conferred by law and Is the power of the court to hear and determine cases of the general class to which the proceedings in question belong (SEMPIO-DIY, Conflict, supra at 5). In Conflict of Laws, the court must consider in determining the matter of jurisdiction the possible enforceability of its decision in foreign States, subject to the rights of said states (Id. at 5) NOTE: In the Philippines, jurisdiction over the subject matter is conferred by law, eg., the Constitution and the Judiciary Reorganization Act, as amended (B.P. 129, Judiciary Act: of 1948, as amended by R.A, 9252). Test of Jurisdiction: Whether the.law vests upon the tribunal the power to, enter upon the inquiry (Salvador v. Patricia, Inc, G.R.. No, 195634, November 9, 2016) BASIC PRINCIPLE UNDERLYING ALL RULES OF JURISDICTION ‘A Slate does not have jurisdiction in the absence of. ‘some reasonable basis for exercising it, whether the proceedings are in rem, quasi in ‘rem,, oF in ppersonam. To be reasonable, the jurisdiction must be based on some minimum contacts that will not offend traditional notions of fair play and substafitial justice (SALONGA, Contfict, supra at 55 Thus, an essential element of conflict’files is the indication of a “test” or "connecting factor" or “point of contact". Choice-of-law rules invariably consist of a factual relationship (such as property right, contract claim) and a connecting fact or point of contact, such as the situs’of the res, the:place of celebration, the place of performance, or the place ‘of wrongdoing (Continental Micronesia, Inc. v. Basso, G.R. Nos. 178382-83, September 23, 2018). MINIMUM . CONTACTS TEST ~ AND FUNDAMENTAL FAIRNESS TEST To bind a defendant absent from the territory of the forum to a judgment in personam, due process equires that he should have certain minimum Contacts with it and that the maintenance of the suit does not offend traditional notions of fair play and Substantial justice (Shaffer v. Heltner, 433 U.S. 186, June 24, 1977). NOTE: For in rem and quast:in rem, due process Is Satisfied when defendant-is given adequate notice ‘and opportunity to be heard by service of summons through publication (COQUIA, Conflict, supra at 24). f a6. "| jurisdiction of the court or its refusal to assume » “cases, POINTS TO REMEMBER ON JURISDICTION 7. In choosing a particular forum, the plaintiff ‘accepts the forum's entire judicial machinery, so that he must accept not only its benefits but its burdens as well (SEMPIO-DIY, Conflict, supra at 10); ‘ 2. The jurisdiction of the court continues even if the defendant leaves the state of the forum prior to the final determination of the action against him (id. at 10); 3. The parties to a contract may stipulate on the foreign law to govern disputes arising from the ‘contract (AGPALO, Conflict, supra at 30); 4, The parties may stipulate on a Jurisdiction Clause, a contract clause which provides that any dispute arising from the contract shall be tried before the competentspecific court of a particular State; 5. A-court, in assuming juris over the case, may apply the internal law of the forum (lex fori), ‘or the law of some other State(s) (AGPALO, Conflict, supra at 25): and The case may be dismissed for lack of jtisdiction over the case pursuant to forum non conveniens (SEMPIO-DIY, Conflict, supra at 10). /N\ si\ PRINCIPLE \ OF CONVENIENS\, | A courts disefetionary power to deciine the ex of its jurisdiction where another court may more conveniently hear a case (SALONGA, Conflict, supra at. 56). Accordingly, under the doctrine of forum.non conveniens, a court, in Conflict of 3) refuse impositions on its jurisdi where it is not the most ‘convenient’ or available forum and the parties are not precluded: from seeking remedies elsewhere. FORUM NON The use of the word "may" (ie, "may refuse Iimpositions on its jurisdiction") shows that the matter Of jurisdiction rests on the sound ‘discretion. of a ‘court. Neither the mere invocation of forum non Conveniens nor the averment of foreign elements operates to. automatically divest” a court of jurisdiction. Rather, a court should renounce jurisdiction only “after ‘vital facts are established, to determine whether special circumstances’ require the court's desistance." As the propriety of applying forum non conveniens \s contingent on a factual determination, it is, therefore, a matter of defense (Saudi Arabian Airlines (Saudia) v. Rebesencio, GR. No. 198587, January 14, 2015). NOTE: It relates to forum, not to the choice of governing law (PE BENITO, Conflict, supra at 29). Scanned with CamScanner CONFLICTS OF LAWForum non conveniens is a device akin to the rule against forum shopping. It is designed to frustrate it means for securing advantages and vexing igants that would otherwise be possible if the venue of litigation (or dispute resolution) were left entirely to the whim of either party (Saudi Arabian Aiilines v. Rebesencio, G.R. No. 198587, January 14, 2015). The doctrine should generally apply only if the defendant is a. corporation. If the defendant is an individual, the proper forum may not be able.to acquire jurisdiction over him (ie, he may not be residing there), leaving the plaintif without any remedy (SEMPIO-DIY, Conflict, supra at 11 and 12). INSTANCES WHERE FORUM NON CONVENIENS MAY BE INVOKED: ‘A court, though it has jurisdiction over a case, may decline to exercise it practical reasons: y 1. Evidence and witness may not™be available in the forum; ‘adily in view of any of the following a \ a CONFLICTS OF LAW Civil Law exercise jurisdiction does not automatically give a state constitutional authority to apply forum law (Hasegawa v. Kitamura, G.R. No. 149177, November 23, 2007). JUSTIFICATIONS FOR THE APPLICATION OF INTERNAL LAW OF THE FORUM (LEX FOR!) TO CONFLICT OF LAWS CASES: 1. When the local law expressly so provides (COQUIA, Conflict, supra at 145): ‘a. Law governing property transactions (CIVIL CODE, Art. 16, par. 1); REASON: Art. 16 of the Civil Code mandates the application of lex situs or lex rai sitae to all properties, whether real or personal, found and located here. b. Law governing the order and amount of “successional rights, intrinsic validity - of testamentary provisions, and capacity to {succeed (CIVIL CODE, Art. 16, par. 2): “cx. Laws governing property relations of 2. Court dockets of the forum“ miay, alfeddy be ——_ iattiage (FAMILY CODE, Art. 80); and clogged and permitting audi dase would a eS one ing revocation of wills (CIVIL iamper the speedy administration/6f justice; | ‘CODE, Art, 829). 3. Belief that the matter can be better fried and Peycp\ decided in another juriiction other because——y--Whien the foreign law or judgment has the main aspects of the case tanspirgd tenia ‘not been properly pleaded and proved or the material witnesses have thelr fe (Gpatan onte sorao 19) thereat; ne =n | Bn 4 Tocarb the evs of ford SEED REASON: bres do not take ju notice 5. Forum has no particular nterestin the case; af-foreig judgments and. laws. Foreign 6. Other courts are open and tha.case MAN? | | /asments and lis authenticity must be proven better tried therein: satmatinenya £98 a fact under our rules on evidence, together 7. Inadequacy of the local judge m foreign lew] |. withthe alien's” applicable national Iaw to show 8. Difficulty, of ascertaining \the foreign in! the, effect ofthe judgment on the alien himself applicable (SEMPIO-DIY, Cone % i = lina v. Koike, G.R. No. 215723, July 27, 11). OT NY : rt will nt dismiss the case under the" F NOTE: To ot plat hs anchr frum open . When the case involves any of the ‘0, Conflict, supra at 498). Onithe other hand, courts may choose to assume vurisdiction subject to the following requisites: *(1) Hot the Philippine Court is one to which the parfies ay conveniently resort to; 2) that the Phlippine Gourt is in a position to make an inteligent decision sto the law and the facts; and (3) that the Philippine Seurt has oF Is likely to have power to enforce its ‘ecision’ (Philippine National Construction Corp. v. ‘asiavest Merchant Bankers:(M) Berhad, G.R. No. 472301, August 19, 2015) to him (AGPAL‘ NOTE: Jurisdiction and choice of law are two distinct ‘concepts. Jurisdiction considers whether itis fair to ‘cause a defendant to travel to this state; choice of Jaw asks the further question whether the application of a substantive law which will determine the merits Of the case is fair to both parties. The power to exceptions to the application of the proper foreign law (C#P2-FUL) a, The application of foreign law runs Gounter to a sound and established public policy of the forum (i.e; incestuous marriage or joint will) (SEMPIO-DIY, Conflict, supra at 14); Kinds of public policy as to extent of ‘operations: i. Operates no matter where the event or transaction takes place; and fi, One which operates ‘only where the event or transaction takes place in the forum and is not offended if the transaction is completed abroad. NOTE: Courts may use public policy to: (a) refuse to entertain the case and dismiss it Scanned with CamScannerMEMORY AID fan Bossy Chagoo an = ROCT Bw Operaton Corte without prejudice because its enforcementis against public policy; (b) entertain the case and apply domestic law; or (c) entertain the ‘case but invoke its own public policy to apply. the forum's domestic law. b., The foreign law is Contrary to the almost * universally conceded principles of morality (Contra Bonos Mores) (e.g. foreign laws recognizing prostitution) (Id. at 14); c. The foreign law is Penal in character (AGPALO, Conflict, supra at 67); Exception: When the local law adopts the penal law of other countries as part thereof (Id.). A “penal clause” in a contract entered into abroad may be enforced here because such is not criminal but civil in nature, providing only for liquidated damages (SEMPIO-DIY, Conflict, supra at 15). NOTE: Enforcement of foreign penal laws ‘must be distinguished from their recognition; astate may recognize foreign penal laws for various purposes, though it will not directly enforce such laws in its jurisdiction (Id.at 15) 4d. The foreign law involves Procedural matters - (AGPALO, Conflict, supra at 6 REASON: If foreign procedural laws were to be applied, it would involve a making over of the machinery for the administration of justice in the forum. Procedural issues are ‘governed by forum law so as not to unduly burden or complicate the task of,the court with the study of uncommon peculiarities and refinements of another legal system (COQUIA, Confct, supra at 88). e. Foreign law is purely Fiscal or administrative in nature (i., collection of taxes by foreign countries or relating. to governmental functions) (SEMPIO-DIY, Conflict, supra at 15); NOTE: A sovereign has no legal duty to assist foreign governments in the financing of their. activities. {.. The application of foreign la Undeniable injustice to the residents of the forum or endangers the foreign relations or vital interests of the state. (Id. at 15 and 16); and INSTANCES APPLICATION OF INTERNAL LAW TO ;ONFLICT OF LAWS CASES ‘A foreign sovereign, diplomatic offical, or public ci iB a: 9. The case involves real or personal property Located in our country (CIVIL CODE, Art. 16, par. 1). % EXEMPTING THE vessel or property of another state is involved (SALONGA, Conflict, supra at 63); The State accepted a limitation upon its jurisdiction over certain persons or things of another State through a treaty (Id); or Foreign law has been pleaded ‘and proved (RULES OF COURT, RULE 132, Sec. 25). MANNER OF PROVING FOREIGN LAWS ‘GENERAL RULE: In this j authorized to "take judicial notice of foreign laws. iction, courts are not The laws of a foreign country must "be properly pleaded and proved’ as facts, in accordance with the Rules on Evidence. Otherwise, under the doctrine of processual presumption, foreign law shall be ) presumed to be the same as domestic law (Chiquita Brands, Inc.'v. Omelio, G.R. No. 189102, June 7, 2017). : 1. Written Law a. By official publication Conflict, Supra at 13); b: Copy) attested by officer having legal “@eustody'thereof. If the record is not kept in. “the Philippines, a certificate with seal from a secretary of the embassy, legation, consul general, consul, vice consul, consular “ss agent, or any officer in the foreign service of “the? Philippines stationed in. the foreign country to the effect that said officer has custody is required (RULES OF COURT, RULE 132, Sec. 24); and c. A published treatise on the subject law provided that the court takes judicial notice of the competence of the writer, or evidence is introduced to establish the author's competence (RULES OF COURT, RULE 130, Sec. 48) (SEMPIO-DIY, There can be no summary judgment where questions of fact are in issue or where material allegations of the pleadings are in dispute. The resolution of whether a foreign law allows only the recovery of actual damages is a question of fact as far as the trial court is concerned since foreign laws do not prove themselves in our cours. Foreign laws are not a matter of judicial notice. Like any other fact, they must be alleged and proven (Manufacturers Hanover Trust Co. v. Guerrero, G.R. No. 136804, February 19, 2003). Scanned with CamScanner ca a a } a tS @ aay z Zz fe) iS)2. Unwritten Law 2. By oral testimony of expert witness: EFFECT OF FAILURE TO PLEAD OR (SEMPIO-DIY, Confict, supra.t 13j;or == PROVE FOREIGN LAW: ree 1. Defendant may move for Demurrer to Evidence if plaintiff's cause of action rests on unproven foreign law, resulting in no cause of action to the plaintiff's case. If the defense rests on unproven foreign law, the defense falls (AQUINO, Elements of Private International Law (2006) p. CONFLICTS OF LAW Civil Law NOTE: The existence of a foreign law be established through @ testimony under oath of an expert witness such as. an attorey-atlaw in the country where the foreign law operates wherein he quotes verbatim a section of the law and states that the same was in force at the time material to the facts at hand (Sobejana-Condon v. 101 hereinafter, AQUINO, Elements of Private International Law). 2. The case will not b processual presumpto 1e dismissed; the doctrine of n will become operative ‘Commission on Elections, G.R. No. 198742, G. , , (Gniquta Brands, Ino. v. omolio, GR. No, Aurea 1G 2018. 189102, June 7, 2017). ‘See. 26, Rule 132 ofthe Rules of Court does not exclude the presentation of alter DOCTRINE. OF PRESUMED: ‘competent evidence to prove the existence PRESUMPTION ‘of a foreign law (Asiavest Limited v. CA, IDENTITY APPROACH GR. No. 128803, September 25, 1998). 5 of pleading and proof the laws ofthe = I angrecunty ‘Or state willbe presumed to be the b. By printed and published books ofepbrts of |__)_/same as girlocal or domestic law. This /s stows oe decisions ofthe county inyWved.¥ roved———pracessyal” presumption (Nedlloyd, Linen, to be commonly admitted in ts courts Rotterdam v.-Glow Laks Enterprise, Lid. 6.R. No. (RULES OF COURT, RULEY30, Sec, 47):— 156330, NOvembe19, 2014). OAL =f \ \P. EXCEPTIONS TO THE FRCepURE . A REQUIREMENTS FOR / PROVING. tot reebgtinne pete ten ‘CHOICE OF LAW 1, Presentation of a foreign-licensed attotney who. 7 Ty Peaeraton or eopon (ont eoneamieg tet Knowledge of the law J Fett ee TeeoT: T (QUESTIONS “STHAT CHOICE-OF- nate Gio oN 2 APPLICABLE-LAW SEEKS TO March 18, 2019); \ 2. Administrative agencies \recog zing \forelghs | Tas without proof thereof , 3.. Lack of objection to the improper by one party of proof of foreia pestis fel ya 4 Laws aermagorces vnin nove easeay of VI five (PE BENITO, Conflict, supra at 80). “ANSWER! / What’ legal system “should control a given itdation.whére some of the significant facts ——~ gecuréd jn two or more states; and \\{ 2\sTobwWwhat extent should the chosen system *“regillate the situation (COQUIA, Conflict, supra at 7). in International Law, jurisdiction is often defined,2s NOTE: Foreign law has'no extraterritorial effect and Ipargnt ofa State to exercise autho overpersons any exception to this right must be traced to the land things within its boundaries subject to certain consent of the nation (AGPALO, Conflict, supra at angeptions. Thus, 2 State does not assume 19). jurisdiction over traveling sovereigns, ambassadors juriplomatic representatives of other States, and ensign military units stationed in or, marching (organ State teritory with the permission of the Ibters authorties. This authority, which finds its Source in the concept of sovereignty, is exclusive wuthin and throughout the domain of the State. A State is competent to take hold of any judical matter it sees itby making its courts and agencies assume jurisdiction over all kinds of cases brought before them (Hongkong and Shanghai Banking Corp. v. ‘Sherman, G.R. No, 72494, August 11, 1985). It is appropriate to assume that Congress had domestic concerns in mind. This assumption is similar to the legal presumption that Congress * ordinarily intends its statutes to have domestic, not extraterritorial application. The Court assumes @ ‘congressional intent that the phrase “convicted in any court” applies domestically, not extraterritorial, Ges fe Stalutry language, context, history, ot urpase shows the contrary (Small v. 5 544 U.S. 385, April 26, 2008) ac eae Scanned with CamScannerSe EEE MEMORY AID fan ose rhe Cee of = ROET Ba THEORIES IN JUSTIFYING THE APPLICATION OF FOREIGN LAW IN CONFLICTS CASES: (CVL-JH) 1. Theory of Comit Seen oe eo reign legal systems in cases aa ean ems proper, oars, inven orem would corse a dsogard the nor aya lock of com towards other States (PARAS, Conflict, supra. at 65). Comity This the recognition which one nation allows «within its territory, to the legislative, executive, or judicial acts of another nation, having due regard to both international duty and convenience and to the rights of its own citizens, of other persons who are under the protection of its laws (Sison v. the Board of Accountancy, G.R. No. L- 2529, December 31, 1949, citing Hilton v. Guyot). : ‘Two Principles upon which Theory of Comity. Rests: a. Comity based on reciprocity; and. NOTE: If the laws and judgments ofthe forum are recognized in a foreign state, the __ forum in turn will recognize the laws and: judgments emanating from said foreign’ stale (Hilton v. Guyot, 159 U.S. 113, June 3, 1895). ¢ b. Comity based on the persuasiveness of, a foreign judgment. ee , NOTE: If the forum is persuaded, that a foreign judgment is meritorious “and has been rendered by court’ of ‘competent jurisdiction, it will not hesitate to enforca that foreign judgment in the forum even if the foreign forum does not reciprocate (Johnston v. - Compagnie Generale Transatlantique, 243° N.Y. 541, July’ 11, 1924). A foreign final judgment’ or final order “is presumptive evidence of a right as between the parties and their successors in interest by subsequent tile” and “may be repelled by evidence of a want of jurisdiction, want of notice to the party, collusion, fraud, or clear mistake of law or fact” (RULES OF COURT, Rule 39, Sec. 48). 2. Vested Rights Theory Courts enforce not the foreign law or foreign judgment but the rights vested under such law ‘or judgment. Thus, rights acquired in one country must be ecognized and legally protected in other countries. The forum will not Spply the foreign law but will simply recognize the right vested by said law (SALONGA, Conflict, supra at 72). Local Law Theory ‘This involves the appropriation of a foreign rule by the State of the forum and transforming it into ‘a domestic rule. A foreign lawis applied because ‘our own law, by applying a similar rule, requires Us to do so, as ifthe foreign law has become part ‘of our own intemal or domestic law (SEMPIO- DIY, Conflict, supra at 20). Mustratlon: Art. 16, par. 2 of the Civil Code requires the application of the national law of the deceased in the matter of his testate or intestate succession (id, at 20). Theory of Justice (Caver's Principles of Preference) ‘The thesis of Prof. David F. Cavers’ article entitled “A Critique of the Conflict of Laws Problem” was that choice of law should be determined by “considerations of justice and M/social expediency” and should not be the result ‘of mechanical application of the rule or principle of sele eee Contfct, supra at 66). Foreigh law\should not be applied when its application would work undeniable injustice to the gitzens or\vesidents of the forum. A law or judgment orscontract that is obviously unjust negates the fundamental principles of Conflct of Laws (Continental Micronesia, Inc. v. Basso, .R. Nos. 178382-89, September 23, 2015). ‘Harmony of Laws Theory Identical or similar problems should be given ‘identical or similar solutions, thus resulting in harmony of laws. The application of the same or similar solution prevents the bad practice of {gam ‘shopping (SEMPIO-DIY, Conflict, supra at NOTE: The foregoing theories do not mutually exclude another, pettiaps, the truth may be found in their combination (PARAS, Conflict, supra at 73). Scanned with CamScanner Ey a] rs fe) o E ° =] a Fa fe) i)NATURE, COMPOSITION & CHARACTERIZATION OF CONFLICTS RULES CONFLICT RULES ‘A provision found in our own law which governs a factual situation possessed of a foreign element. Itis usually expressed in the form of an abstract Proposition that a given legal question is governed by the law of a particular country (which may be an internal law or the proper foreign law), to be ascertained in the manner indicated in the provision (SEMPIO-DIY, Conflict, supra at 22), CONFLICT RULES, DISTINGUISHED ORDINARY CONFLICT RULES UNSW Ve n=) Authorize, command, or | Decides’ which law Prohibit certain mode of | or jurisdiction Will give conduct (e.g., Art. 796 of | the final solution to the |~ the Civil Code). Its legal | question (e.g.) Art:16," effects are immediately | par, and Art.\17, par. indicated (e.g., Express | 2 of the Civil Code). Prohibition). ie (id. at 22) t \ ‘oS TWO KINDS OF CONFLICT RULES 1. One-sided rule \ aoe = indicates when Philippine laviwill 2pply.ne.g..___1—°T0 Art, 15 and Art. 818 of the Civil Code only apply to Filipinos (SEMPIO-DIY, Conflict, supra at 23). = indicates whether to apply the local law or the. proper foreign law, e.g,, First paragraphs of Art 16 and Art. 17, Art. 1763 and Art. 1039 of the Civil Code (id. at 23). NOTE: Justice Sempio-Diy observes that while Art. 16 of the Civil Code applies only to Filipinos and is, actually a one-sided rule, the Supreme Court has given it a multilateral application when it held that foreigners, in their status and legal capacities, are governed ‘by their national laws (Gibbs v. The Government of the Philippine Islands., G.R. No. L- 35694, December 23, 1933). tionality theory has been applied by the Sopreine Court even to persons who are eizens of ORDINARY INTERNAL RULES AND | ~of ‘charact p\ ~The la chosen should be applied only insofar as it ((FSR-PProPleaA) CTE ICTS OF CONFLI com countries following the domiciliary theory (SEMPi9, DIY, Conflict, supra at 38). PARTS OF CONFLICT RULES 1, Object or the Factual Situation = the set of facts or situation presenting a Conflicts. problem because there is a foreign element involved (Id. at 24). 2. Legal Consequences or the Point of Contact or Connecting Factor = the law of the country with which the factual situation is most intimately connected (id. at 24) CHARACTERIZATION OR DOCTRINE OF QUALIFICATION OR CLASSIFICATION Before a choice of applicable law can be made, itis necessary to determine under what category a certain set of facts or rules fall. This determination “process. is known as "characterization", or the | Fadetrinéof: qualification". It is the "process of Geciding whether or not the facts relate to the kind of question speciied in a conflicts rule." The purpose Tacterzation< is o enable the forum to select the proper lw (Saudi Arabian Airines v. Court of ‘Appeals, G.R. No. 122191, October 8, 1998). | brings about the” good it intended to bring. The selected proper lawis applied to the factual situation to decide:-(1) legal consequences resulting from the vation; or (2) interests created in the thing in vo] fob: CHARACTERIZATION: LS) “STEPS IN The determination of the Facts involved; 2: The\charaCterization of the factual Situati. /3,"The.détermination of the conflicts Rule which, 10 be applied; The characterization of the Point of contact where the connecting factor; 5. The characterization of ‘the Problem. 2s procedural or substantive 6. The Pleading and proving of the proper foreign law; and 7. The Application of the proper foreign law to the problem (PARAS, Conflict, supra at 88). NOTE: Only steps 2-5 concem themselves. with characterization proper (PARAS, Conflict, supra at 88). NOTE: As to the first step, the starting point of analysis is not a legal relation, but a factual situation, event, or operative fact. An essential element of conflict rules is the indication of a “test” of ‘connecting factor" or “point of contact.” One or more Circumstances may be present to serve as the Scanned with CamScannerMEMORY AID ‘Su eae arty Coe of aw ROT Bu Opotone Corer possible test for the determination of the applicable law. These “test factors" or "points of contact" or “connecting factors could be any of the following: 1. The nationality of a person, his domicile, his residence, his place of sojourn, or his origin; 2. The seat of a legal or juridical person, such as a corporation; 3. The situs of a thing, that is, the place where a thing is, or is deemed to be situated. In particular, the lex situs is decisive when real rights are involved: 4, The place where an act has been done, the ocus actus, such as the place where a contract has been made, a marriage celebrated, a will signed or a tort committed. The /ex loci actus is particularly important in contracts and torts; 5. The place where an actis intended to come into effect, e.g, the place of performance of contractual duties, or the place where a power of attorney is to be exercised; 6. The intention ofthe contracting parties as to the law that should govern their agreement, the /ex. [oct intentionis; 7, The place where judicial or administrative proceedings are instituted or done. The ex fort — the law of the forum — is_.particularly important because matters of ‘procedure* not ‘going to the substance of the claim involved are” governed by it; and because theex fori applies Whenever the content of the... otherwise” applicable foreign law lis “excluded from application in a given case for the reason that it falls under one of the exceptions to the applications of foreign law; and 8. The flag of a ship, which in manly cases is decisive of practically all legal relationships of the ship and of its master or owner as such. It also covers contractual relationships particularly contracts of affreightment (Saudi “Arabian Airlines v. Court of Appeals, supra). SINGLE-ASPECT METHOD Tn order to connect the case to a particular legal community, choice-oflaw theories have concentrated on one element of a situation to foster simplicity, convenienice, and uniformity of results (COQUIA, Conflict, supra at 82). TWO TYPES OF CHARACTERIZATION UNDER THE SINGLE-ASPECT METHOD. 7. Subject-matter Characterization Calls for classification by @ court of @ factual situation into a legal category. tis relevant in a single-aspect method because the legal category to which an issue is assigned determines the governing law (Id. at 64). i ie 2. Substance-Procedure Characterization Directs the court to the extent itwill apply foreign law. If the issue is substantive, the court may apply foreign law but if it is procedural, it is supposed to follow the law of the forum (Id. at 88). RULES ON CHARACTERIZATION OF PROCEDURAL AND SUBSTANTIVE RULES ‘GENERAL RULE: Ifan issue is substantive, apply foreign law. If itis procedural, apply the forum law or lex for. DETERMINANTS OF -AN ISSUE AS PROCEDURAL OR SUBSTANTIVE 1. Questions of Evidence = procedural 2, Statute of Frauds a. Substantive ifthe law forbids the obligation. 1, void contracts. b. Procedural if the enforcement of | the unenforceable contracts, “Code (ld. supra at 92) law forbids the obligation. ie, Art. 1403 of Civil a. Borrowing Statutes and Statute of Limitations gba Statutes Diretstfe state ofthe forurn to apply the foreign statute oflimitatons tothe pending claims based on a foreign law (LWV Construction Corp. v. {c---Dupo, G.R. No. 172342, July 13, 2009). f Limitations Specificity Test: -. Limitation is substantive when itis directed at the newly created liability, warranting a’ qualification of the right (Bournias v. Atlantic Maritime Co., Ltd, 220 F. 2d 152, February 10, 1955). Limitation is procedural iit operates to bar only the legal remedy, without impairing the substantive right involved, ‘The characterization of a statute of limitation into procedural or substantive becomes irrelevant ‘when the country of the forum has a borrowing statute, which has the practical effect of treating the foreign statute of limitation as one of ‘substantive law (GOODRICH, Conflict of Laws (1938), p. 152-153) NOTE: A law on prescription is sui generis in Conflict of Laws as it may be viewed as procedural or substantive, depending on the characterization given (Cadalin v. Administrator, Scanned with CamScannerPhilippine Overseas Employment Administration, G.R. No. 104776, December 5, 1994), ‘The modem trend is to consider the prescriptive Periods or the Statute of Frauds that the parties had in mind at the time the transaction took place (SEMPIO-DIY, Conflict, supra at 27). DEPECAGE From the French “deceper meaning “to dissect”, The different aspects of the case involving a foreign element may be governed by different systems of law (LIPSTEIN, General’ Principles of Private Intemational Law, (1972), p. 214, 135 Reculle des Cours). Process whereby different issues in a single case arising out of a single set of facts may be decided according to the laws of different states, the procedural matters being governed by forum law and Substantive matters by some other law ( Seeing we Doe, 246 Va. 67, June 11, 1993). / PROPOSED SOLUTIONS PROBLEM OF CHARACTERIZATION: 1. The Lex ForiSolution 7 | GENERAL RULE: The facts /and is characterized based on—forum’s dwn “law. Thereafter, the foreign. or4 gomestia, law is applied to the lex for-baséd. rae yon sues-ate REASON: Lex fori aif characte because of practical necessity. \, EXCEPTION: When lex forbcharacterizatin wl result in clear injustice, lex for] characterization wil not apply (SEMPIO-DIY, Cong Gag 27) SU] U/, ‘f. 2. The Lex Causae Solution The characterization . will depend on governing law. the 3. The “Analytic . Jurisprudence and ‘Comparative Law Solution The court determines the common patrimony of juridical concepts. and- employs universal or quasi-universal characterization. 4, The Double Characterization Solution It couples the lex fori and lex causae solution. 5. Substance v. Procedure Principle Matters of Procedure — governed by the law the forum where the case is fled. {—— INFLICTS OF col FLAW Matters of Substance — governed by the lav g the country where the action arose (AGPALg Conflict, supra at 37). ‘As a general rule, a foreign procedural law wy ‘not be applied in the forum. Procedural matters, such as service of process, joinder of actions period and requisites for appeal, and so forth’ ‘are governed by the laws of the forum. This ig true even if the action is based upon a foreign substantive law (Cadalin v. Administrator, Philippine Overseas Employment ‘Administration, G.R. No. 104776, December §, 1994). The characterization. of a statute into” a procedural or substantive law becomes ielevant when the country of the forum has a “borrowing statute." Said statute has the __ practical effect of treating the foreign statute of “imitation. as one of substance (Cadalin y, ] Administrator, Philippine Overseas Employment — Aanbistaton, GR. No. 104776, Docomba Ba VO “6. Canter of Gravity Doctrine (Grouping of \ Contracts/Principle or State of the Most ____ Significant Relationship Theory) Application 'of the law of the jurisdiction which has/ the most significant relationship to or ~ confact withthe event, partes, and issues (1. at /) aS) pint | gz lke Kutohoms Wis Theory AE Leeson ‘considers’ the characterization of the “country” referred to in. lex: causae. (PARAS, > Cope, supra’ at 99) 7 ity Theory mines the intended.law of the parties and Mif\\ Oe MD ales he sneaciciaton given. by. the intended law (Id). The law which attaches to a person wherever he may go and generally governs his status, capacity, condition, family relations, and the consequences of his actuatlons (SEMPIO-DIY, Conflict, supra at 36). Itallows courts to exercise jurisdiction or d the governing choice-of-law rule on a sae situation or transaction involving a person whereme he may be (COQUIA, Conflict, supra at ag). Scanned with CamScannerMORY AID aca Use Cage of aw - ROCT Bar Operations Cote ral g DIFFERENT THEORIES OF PERSONAL LAW 4, The Nationality Theory or Personal Theory = the status and capacity of a person is determined by the law of his nationality or national law (SEMPIO-DIY, Conflict, supra at 30). NOTE: The Philippines follows the Nationality Theory (id. at 30-31). 2. The. Domiciliary Theory or Territorial Theory = the status and capacity of a person is determined by the law of his domicile (Id.). NOTE: The United States, like other common law countries, follows the domiciliary theory (Id. at 30-31). 3. The Situs‘or Eclectic Theory = the particular place or situs of an event! or transaction is generally the controlling law (Id. at 30). JUSTIFICATION OF PERSONAL LAW Prof. RH Graveson, a Professor Emeritus in the University of London, writes that: “The idéa)of the personal law is based on the conception of man as, a social being, so that those transactions of his daily life, which affect him most closely "in”a-personal sense, such as marriage, divorce, legitimacy, many kinds of capacity, and succession maybe governed - universally by that system of law most suitable in adequate for the purpose.” (1974). NATIONALITY OR PERSONAL THEORY OR LEX NATIONALII Tis the theory by virlue of which the status and capacity of an individual are generally governed by the laws of his nationality (PARAS, Conflict, supra at 104). The personal law of an individual is his national law. This theory is adopted mostly by civil aw countries @ the Philippines where the identity and legal position of their citizens are guaranteed by a Consistent application by their national laws on status and family relations wherever they may go (SEMPIO-DIY, Conflict, supra at 31). Laws relating to family rights and duties, or to the status, condition, and legal capacity of persons are binding upon citizens of the Philippines even though living abroad (CIVIL CODE, Art. 15). : NATIONALITY, Ttrefers to the membership in a political community, . one that is personal and more or less permanent. In Conflict of Laws, nationality and citizenship are used interchangeably (SEMPIO-DIY, Conflict, supra at 31). STATUS Refers to the place of an individual in society and consists of more or. less permanent “personal qualities and relationships with which the state and ‘community are concerned (Id. at 29). CAPACITY Tis a part of one's status and is the sum total of ‘one's rights and obligations (Id. at 30). ACQUISITION OF NATIONALITY 7. Birth = Natural-born citizens are citizens of the Philippines from birth without having to perform any act to acquire or perfect citizenship (id. at 34). Tah Jus Sof - citizenship is acquired by being ‘born, within. the territorial boundaries of a state (RE BENITO, Conflict, supra at 138). b.. Jug Sanguinis — citizenship is acquired through blood relationship with the parent a). \. n thiése abandoned children with no known-atural parents, are natural-born citizens because they are not an excluded class under the Constitution. So long as there is a high bility that the foundling’s parents are . that person will be considered natural-’ born (Poe-Llamanzares v. COMELEC, GR. Nos. 221697221700, March 8, 2016). REASON: To deny full Filipino citizenship to all foundlings and render them stateless just because there may be a theoretical chance that one among the thousands of these foundlings might be the child of not just one, but two, foreigners is downright discriminatory, irrational, and unjust (Id). 2. Naturalization Itis the process of confirming on an alien the citizenship of another country, by any of the means provided by law (SEMPIO-DIY, Conflict, supra at 44). Naturalization is a mode for both acquisition and reacquisition of Philippine citizenship. As a mode of initially acquiring Philippine citizenship, naturalization is governed by Commonwealth Scanned with CamScannerCONFLICTS OF LAw ‘N Civil Law ‘Act No. 473, as amended. Naturalization as a wort page besa conte tobea mode for reacquiring Philippine citizenship is Flpio cttzen even after ecm governed by Commonwealth Act No. 63 of ge {(Commonnes ct No, (Bengson Ii! v. House of Hapieseticives '3, Section 15). . 142840, May 7, ‘ 201) ne See 4 b. Minor born after naturalization ° i. Born in the Philippines — Filipino ji, Born outside the Philippines — shall be a Diet Nenakenton considered a Filipino citizen, unless i. . Judicial Process - Commonwealth Act within one year after reaching the age of No. 475 as amended by RA 530 (Id. af majority, he fails to register himself as a 45). Filipino "citizen in the Philippine ji, Legislative Process - Philippine ‘consulate of the country where he Citizenship conferred by Congress (Id. + resides and to take the necessary oath at 45). of allegiance (Commonwealth Act No, il, Administrative Process - “The 473, Section 15). Administrative Naturalization Law. of 2000" or RA 9139. A special committee In case of children already of age at the time of is created to approve, deny, or reject parent's naturalization - not-a Filipino unless applications for naturalization filed with __ they themselves be naturalized (PARAS, said committee (Id. at 45). yy Conflict, supra at 126-129). . b. Derivative Naturalization )\J The 1987 Constitution provides that citzens of Wife of a naturalized husban " the Philippines who marry aliens shall retain ji. Minor children of naturalized father6r “their citizenship unless by their act or omission iii, Alien wife of af fi I-born.—-or ay ot we under the law, to have | Y naturalized cizen dye 4 renouncad we) If @ woman is repatfiated, Her repatriation __ltshe nebo ‘@)Widow before the effectivity of does not carry with t the répatriatlorof the ——-Commonweaith Act 63, which is on October 21, child as the minof Was never 4 Filipino 1963, she iitimediately reacquires Philippine previously. Commonwealth Act No\ 63 does citizenship (Talaro¢ v. Uy, G.R. No. L-5397, Not provide that upon_fepatriation of a September 26, 1 Filipina, her childten acquire“ Philipp pet Citizenship. It would\Be'illdgical toconsider |e At ‘she ‘becgne a ‘widow on or after October 21, his son repatriated like his mgtherBécause | 41963, she has to’ repatriate herself, otherwise ‘¢ $hé remains a foreigner (Villahermosa v. have reacquired ‘such “citizenship, Commissioner,of immigration, G.R. No. L-1663, (Villahermosa__v. — Commissioner. ~of! ~ Maren 31, 1948), Immigration, G.R. No. L- 1663, Mapeyat a I vf 1948). UY] {PROBLEMS IN APPLYING THE NATIONALITY PRINCIPLE IN DUAL OR he never was a Filipina citizen and could nots. If instead of repatriation, the wi ‘automatically regained Philippine ~ MULTIPLE CITIZENSHIP citizenship, the nationality of her minor child It arises from the concurrent application of jus soll would follow hers (Talaroc v. Uy, GR. No, and jus sanguinis at bith or from a refusal of certain 1-5397, September 26, 1952). States to accept a full application of the doctrine of expatriation, from marriage, or from a formal and voluntary at In matters of status, a person is usually considered by the forum as exclusively its own national. His additional foreign nationality is disregarded. 2. Incase litigation arises in a third country, the law ‘most consistently applied is that of the country of which the person is not only a national but Effect of Naturalization on Wife and Children a, Minor born before naturalization i, Born in the Philippines — ji, Born outside the Philippines 1.) Residing in the Philippines at the time of parent's naturalization — ino Filipino 2.) Res outside the Philippines at where he also has his domicile or habitual the Ume of parent's naturalization — residence, or in the absence there, his ear hi rt residence (Hague Convention on Conflict of Filipino only during his minority Nationally Laws, Art. 8). unless he resides permanently in the Philippines when stil a minor, in Scanned with CamScannerMEMGRY AID MEM: Bi T enivet Sas of Law = ROCT Be Options Cora a " re DUAL CITIZENSHIP DISTINGUISHED TWO SENSES OF STATELESSNESS 9 FROMDUAL ALLEGIANCE __ 1. De Jure Statelessness @) Dualalizenship s diferent from dual allegiance, The = A person has been stripped of his nationality PB) former arises when, as a result of the concurrent by his former goverment without having an [ibe application of the different laws of two or more ‘opportunity to acquire another; Pa States, a person is simultaneously considered a 5 national by the said states, Dual allegiance refers to 2.. De Facto Statelessness fo) the situation in which a person simultaneously owes, —Aperson possessed of a nationality but whose [aay by some positive act, loyalty to two or more states. country does not give him protection outside its While dual citizenship is involuntary, dual allegiance own territory (refugees) (Id. at 200-201). ig the result of an individual's volition (Mercado v. ‘Manzano, G.R. No. 135083, May 26, 1999). CAUSES OF STATELESSNESS (DRVB, 1. Deprivation of citizenship for any cause, 0.9, GENERAL PRINCIPLES IN DEALING commission of a crime; WITH CONFLICT OF NATIONALITY 2. Renunciation of nationality by express or implied LAWS acts; ib tad Sad teiomne win ar Te 3. Voluntary release from original state; and 4. IfBorn in a country recognizing only the principle nationals under its own law, which shall be "i ‘of jus sanguinis° of parents whose law recognized by other States; , 2. Any question as to the possession of nationality Code only Ihe pincile ‘of jus soli (PARAS, shall be determined in accordance with the law onflict, supra at 110). of that State; > NOTE: The Convention on the Reduction of XN 3, Aperson having two. or more nationalities may st : tatelessness, adopted in 1961, mandates that be regarded as a national by each of the States the us sanguinis country grant its nationality to whose nationality he possesses; tits ni 4, A State may not afford diplomatic protectic “ ‘@-Person born within its territory if he would fone of its nationals against a State wey otherwise be stateless, and the jus soli country rationality such person also possessesg osiioge ie natonaly. (0 aparece Noe 5, Theory of Effective Nationality ~A thirdstate |) ney Ae caine When oo shall recognize exclusively in its territory’either oe rN 9 the nationality of the: country of which one is * / t habitually and principally ‘a resident, .or the Sane eee oe aaa. nationality of the country with which in the =e ea pe Ocal eu Ov oat in default thereof, fo the law of their temporary Sroumetances one’ appears. 1 i residence (Hague Conference of 1928. on closely connected; and International Private Law). 6. A person possessing two nationalities acquired without any voluntary act on his part may renounce one of them without the authorization of the Stale whose nationality he desires to surrender (Hague Convention on Certain CITIZENSHIP Questions Relating to the Conflict of Nationality RETENTION Laws). AND RE-ACQUISITION_ CAUSES OF MULTIPLE CITIZENSHIP ACT OF 2003 (FALV) - 1. A naturalized citizen's Failure to effectively renounce his former nationality; 2. Application of Jus Soli and Jus Sanguinis (R.A. NO. 9225) principles; R.A. 9225 was enacted to allow the re-acquisition 3. The Legislative act of States; or and retention of Philippine citizenship by: - 4, The Voluntary act of the individual concerned 4, Natural-born citizens who were deemed to have (COQUIA, Conflict, supra at 195-196). lost their Philippine citizenship by reason of their naturalization as citizens of a foreign country; and 2. Natural-born. citizens of the Philippines who, after the effectivity of the law, became citizens of a foreign country Scanned with CamScannerThe law provides that they are deemed to have re- acquired or retained their Philippine citizenship upon taking the oath of allegiance (Maguiling v. ‘Commission on Elections, G.R. No. 195649, April 16, 2013). SEC. 2 DECLARATION OF POLICY ‘All Philippine citizens of another country. shall be deemed not to have lost their Philippine citizenship Under the conditions of this Act. SEC. 3 RETENTION OF PHILIPPINE CITIZENSHIP ‘Any provision of faw to the contrary notwithstanding, natural-bom citizenship by reason of their naturalization as citizens of a foreign country are hereby deemed to have re-acquired , Philippine citizenship upon taking the oath of allegiance to the Republic. Natural-born citizens of the Philippines who; after the CONFLICTS OF LAW Civil Law ‘Absentee Voting Act of 2003" and other existing laws; 2. Those seeking elective public office in the Philippines shall meet the qualifications for holding such public office as required by the Constitution and existing laws and, at the time of the filing of the certificate of candidacy, make a personal and sworn renunciation of any and all foreign citizenship before any public officer authorized to administer an oath; In Sobejana-Condon v. COMELEC, et al. (G.R. No. 198742, August 10, 2012), the Supreme Court ruled that Section 5(2) of Republic Act No. 9225 compels natural-born Filipinos, who have been naturalized as citizens of a foreign country, but who reacquired or retained their Philippine citizenship (1) to take the oath of allegiance under Section 3 of Republic Act 9225, and (2) for those seeking elective public offices in the Philippines, to additionally execute a personal "and, sworn renunciation of any and all foreign /\ Jeiizenship before an authorized public officer effectivity of this Act, become citizens.of'a fordign——_\’ptior/ or “simultaneous to the filing. of their country shall retain their Philipping citizenship upon ——+——-~—canididafes” in Philippine elections. The rule taking the aforesaid oath, LOA, Tn Re-acquisition Distinguished from Retention ‘Athough the heading of Sesion ais "Retention of Phiippine.‘Ctizenship." the "authgrs_of|the-taw— intentionally employed the|tefms fre-acquire".and “retain” to describe the legal effect of taking the oath of allegiance to the Republi¢ of the Philippines. This is also evident from the tile of the Jaw using bothe: ‘acquisition and retention. The Feackuisition will apply to those who lost their Philippine citizenship by virtue ‘of Commonwealth Act 63. The second espectis the. retention of Philippine citzenship appyin fo future instances (David v. Agbay, G.R. No. 19919, Ma nv 18, 2015). \997 Oe iS veriicales of candidacy, 10 qualify. as applies f0.all’thase who have re-acquired their Hino cctizénship, without regard as to whether are &til dual, citizens or not. It is a pre- requisite imposed for the exercise of the right to fun fr publ tcp Nofs|however, in Maquiling v. COMELEC (G.R. 3..195649;-April 16, 2013), petitioner was - fepattated under RA. 9225 and made his oath Z of allegiance and fenunciation of US citizenship. “Thereafter, he repeatedly used his US Passport. {dy The Supreme Court ruled that the repeated use Solitfe US passport is a positive declaration that IS’ citizen, reverting him back to the tatus.a$ if no oath of renunciation was made, SEC. 4 DERIVATIVE CITIZENSHIP M hus’rendering him disqualified to run for public ‘The unmarried child, whether legitimate, legitimate, or adopted, below eighteen (18) years of age, of those who’ reacquire Philippine citizenship upon SEC. 5 CIVIL AND POLITICAL RIGHTS AND LIABILITIES "Those who retain or re-aoquire Philippine citizenship under this Act shall enjoy full civil and political rights and bé- subject to all attendant liabilities and responsibilities under existing laws of the Philippines and the following conditions: 4. Those intending to exercise thelr right. of suffrage must meet the requirements under Sec. 4, Article V of the Constitution, Republic Act 9789, otherwise known as “The Overseas fice, 3, Those appointed to any public office’ shall subscribe and swear to an oath of allegiance to the Republic of the Philippines and its. duly constituted authorities prior to their assumption of office, provided, that they renounce their oath of allegiance to the country where they took that oath; 4, Those intending to practice their profession in the Philippines shall apply with the proper authority for a license or permit to engage in such practice: and 5, That right to vote or be elected or appointed to any public office in the Philippines cannot, be ‘exercised by, of extended to, those who: a. Are candidates-for or are occupying any public office in the country of which they are naturalized citizens; andlor £ Scanned with CamScannerww MYRY AID Bes versty Coops tw = ROCT Bur Operon Cera ml 8 b. Are in active service as commissioned or non-commissioned officers in the armed forces of the country which they are naturalized citizens. RA. No. 9225 provides for a deeper effect by declaring it a State policy that under its terms “all Philippine citizens of another country shall be deemed not to have lost their Philippine citizenship" tunder the conditions provided therein (Amado v. Commission on Elections, G.R. No. 210164, August 18, 2015). DOMICILIARY OR THEORY/LEX DOMICILIL The person's status, condition, rights, obligations ‘and capacity are determined by the law of his domicile (SEMPIO-DIY, Conflict, supra at 51). TERRITORIAL, tt assumes that the attributes which make up one’s status and personal relations are intimately connected with the country where they have made.) their home (dat 34 and 32) DOMICILE y Tis the place. wherein a person .has a, settled connection for certain legal -purposés, either because his home is there or itis the place assigned’ to him by law (Id. at 51). DOMICILE V. RESIDENCE V. CITIZENSHIP. Gis) lets 4a eli Petes of | Indicates ties of allegiance and loyalty Fixed, Place permanent | abode, residence _ to] whether which, when permanent or absent, one has | temporary the intention of returning (0. at 5-52). NOTE: For politcal purposes the concepts of residence and domicile are dictated by the peculiar criteria of political laws. As these concepts have evolved in our election law, what has clearly and unequivocally emerged is the fact that residence for, election purposes is used synonymously with ‘domicile, meaning that a person must not only intend 'o reside in a particular place but must also have Personal presence in such place coupled with LEGAL CLASSIFICATION OF DOMICILE N J conduct indicative of such intention (Romualdez- ‘Marcos v. Commission on Elections, G.R. No. 119976, September 18, 1995). 1. Domicile of Origin or Birth ~ the domicile assigned by law to a person at the moment of his birth (SEMPIO-DIY, Conflict, ‘supra at 53); CONFLICTS OF LAW a. Minors i. Legitimate — that of his parents at the same time of child's birth; if the parents are separated, the domicile of the custodial parent. fi, Megitimate — that of the mother at the time of child's birth, fi, Legitimated — domicile of the father at the time of his bith controls, as the effects of legitimation retroacts to the time of the chila's bith (FAMILY CODE, Art. 180). : iv. Adopted Child — domicile of eal parents at the time of is birth, not the domicile .of the adopters (SEMPIO-DIY, Conflict, we! supra at 54). V"Foundling - domigile is the country ik foundling was found. ‘The husband and wife shall fix the family domidie. case of disagreement, the court shall decide (FAMILY CODE, Art. 69). . Constructive Domicile or Domicile by Operation of Law = the domicile assigned by law to persons after hon account of legal disability (ie., minors, mental disabled) (SEMPIO-DIY, Confit, ‘supra at 53); a, Minors i Legitimate - the domicile of both parents. In case of disagreement, that of the father, unless there is ajudicial order to the contrary (FAMILY CODE, Art 211). ii, Mlegitimate ~ domicile of the mother (FAMILY CODE, Art. 176). In case of absence or death of either parent, the domicile of. the present patent shall fix the domicile. Even in case of the remarriage of the surviving parent, stil his domicile determines the constructive domicile of the minor child (SEMPIO-DIY, Conflict, supra at 55). Scanned with CamScannerCONFLICTS OF LAW Civil Law Adopted — domicile of choice of the DOMICILE OF ORIGIN V. adopter “is the child's “constuctve CONSTRUCTIVE DOMICILE jomicile DOMICILE OF Coren tents b. Insane, Idiots, imbecile ORIGIN, tele They cannot sélect their own domicile. ithe Taran insane, idiot or imbecile is: ie t Ea ‘age of majority — rules on minors ‘Acquired at birth. Assigned after birth, il. Of age and has guardians — follow the Tee domicile of choice of guardians. li, Does not have guardians - constructive Assigned ‘only to Assigned to _ persons domicile is his domicile of choice before infants. under legal disabilities. he became insane (Id. at 55). As to Nature Never changes. May change from time to domicile of the wife is domicile of both ine spouses, unless the law allows the wife to (id. at 53-54). have a separate domicile for valid and ia compelling reasons (FAMILY CODE,“Art. 3.)Domicile of Choice or Voluntary N Domicile 69). 7 if there is legal n 2 Place frealy chosen by a person suljuris as his Separation 8 cio 4 ome and to Which, tlenever No fs absent he her own domicile of choice (Dé La.Vin ~ itr a). v. Vilareal, G.R. No»-13982, July 31, ES, \y aN 1920). yy, If the marriage is voidable, fey the reqiraiphi same rules asi when the marriage”is~ valid. After annulment, the freely select het own. domicile of choice . Married Women If the marriage is valid, constructive (SEMPIO-DIY, Confit, supralat 56). 6.) Ar ‘oftion td abandon the od domicile Miho porieoe Fae? eee [EX {ales eh Ta omar do ie neath or RSG Te prency?. Tectone SW, d at 56). d. Other Pe sons: ie? DOMICILE CONSTRUCTIVE DOMICILE OF Convict or prisoner — he i Cig Berens CHOICE have a domicile of choice: heteceoua ee possotomeser VT Assigned by law. | Result of the ince | . luntary — will Soldiers — since they are compelled to von ee follow the dictates of the military, and action of domicile is that before their enlistment. the ee |. Public officials or employees abroad like . concerned. diplomats, consular officials, etc. — since (GEMPIO-DIY, Conte, supra at 54). their stay’abroad is in their official’ and not in their personal capacity, their NOTE: Domicile of origin is not easily lost, To ~ domicile is the one before they were successfully effect a change of domicile, one must assigned elsewhere, unless _ they demonstrate: voluntarily’ adopt their place of 4. An-actual removal or an actual change of employment as their permanent domicile; residence (SEMPIO-DIY, Conflict, 2. Abona fide intention of abandoning the former supra at 56). 3 place of residence and establishing a new one; and Scanned with CamScannerMEMORY Al ‘San Bes Uerty Cates of Ue - ROC Br Operation Cntr 3. Definite acts which correspond with the purpose (Romualdez-Marcos v. Commission on Elections, G.R. No. 119976, September 18, 1995; Neo v. Yapha, Jr, G.R. No. 209285 (Notice), June 28, 2016). In other words, there must basically be animus manendi coupled with animus non revertendi. The purpose to remain in or at the domicile of choice ‘must be for an indefinite period of time; the change of residence must be voluntary; and the residence at the place chosen for the new domicile must be actual (Poe-Llamanzares v. Commission on Elections, G.R. Nos. 221697-221700, March 8, 2016). VENUE IN ESTATE PROCEEDINGS ‘The actual residence or place of abode of a person, Instead of his domicile, is significant in determining the venue of estate proceedings and ordinary civil actions (Jao v. CA, G.R. No. 128314, May 29, 2002). For purposes of fixing venue under the Rules of Court, the "residence" of a person is his personal, actual or physical habitation, of actual residence of place of abode, which may not necessarily be his legal residence or domicile provided he resides therein with continuity and consistency (San:Luis v San Luis, G.R. No. 133743, February 6, 2007). SITUS OR ECLECTIC THEORY The capacity, condition, or status of a person is governed by the law of the place (situs) where.an important element of the problem ocours or is situated (SEMPIO-DIY, Conflict, supra at 57)?“ TWO KINDS OF PARTICIPATION OF THE INDIVIDUAL CONCERNED 1. Active ; = ifthe person acts voluntarily, the governing law is the law of the actual situs of the transaction or event; and 2. Passive ‘= When the effects of the act are set forth or determined by law, the governing law is the law of the legal situs, ie, the domicile of the individual concerned (id. at §7). GENERAL RULES ON DOMICILE: 7. No person shall be without domicile. 2. A person cannot have two simultaneous domiciles. 3,. Every natural person, as long as he is free and ‘sui juris, may change his domicile at his pleasure. 4. Domicile, once acquired, is retained unless @ new one is gained. » 5. The presumption is in favor of the continuance of domicile. The burden of proof is on the one who alegs hata change of omic has aken place. 6 To acquite a fresh domicile, residence and intention must concur; to retain an existing domicile, either residence there or intention to remain must be present; to abandon a domicile, residence in a new place and intention to abandon the old pléce must concur (Gallego v. Verra, G.R. No. 48641, November 24, 1947). RENVOI RENVOI RENVO! ‘procedure whereby a jural matter presented is referred by the Conflict of Laws rules of the forum to a foreign state, the Conflict of Laws rule of which in », turn refers the matter back to the law of the forum (remission) or a third state (transmission) (COQUIA, Conflict, supra at 102). i theory, a8 the law is beingyfeferred back and forth from the forum Faw to the-law of domicile ofthe foreign party which involves a,Confit of Laws rule, pointing back to the \ forum lay a$ applicable law (AGPALO, Conflict, supra at36). | It is a French word which means “refer back” or *retum’. n Anglo-American countries, the term used is ‘remission’, meaning o refer a matter for consideration or judgment (SEMPIO-DIY, Confit, ‘supra at 59) In jurisdictions which have recognized the use of renvoi in choice-otlaw analysis, it has been employed in cases where the domiciliary and nationality laws are applied to the individual in issues involving succession, domestic relations, and real properties (COQUIA, Conflict, supra at 102). ‘The recognition of the renvoi theory implies that the rules of the Conflict of Laws are to be understood as Incorporating not only the ordinary or internal law of the foreign state or country, but its rules of the Conflict of Laws as well. According to this theory ‘the jaw of a country’ means the whole ofits law (Aznar, v. Garcia, G.R. No. L-16749, January 31, 1963). Scanned with CamScanner CONFLICTS OF LAWFOUR WAYS OF TREATING’ THE RENVO! PROBLEM 7. Rejection (Internal Law Solution) = ifthe Conflict rules of the forum refer the case to the law of another state, itis deemed to mean only the internal law of that state. Thus, the court will apply the foreign law (PARAS, Conflict, supra at 216) Acceptance (Single Renvoi or Single Transmission) = Ifthe Conflict rules of the forum refer the case to the law of another state, it is deemed to include the totality of the foreign law (internal law ‘and Conflict of Laws rules). Thus, the court will recognize the referral back and apply local law (i). 3. Desistment Theory (Mutual Disclaimer of _ Jurisdiction Theory) - = The forum court upon referenceto state's law sees that such law” application to its own nationals domiciled thts territory and has no provision for application to—— nationals domiciled outside')of "ike {erritory, Henco, the foal court wll pp peal iw This has the same result’as:the acceptance of the renvoi doctrine but fhé process used by the forum court is to desist'applying the fofeign law (id). PN Foreign Court Theory’ “ \, — Forum court assumes the sa the foreign court would ‘take it Iitigated inthe foreign state (i, position that WSC DOUBLE RENVO! < that which occurs when the ocal court inationting )\/| /| the foreign court theory, discovers that the foreign" court accepts the renvoi (SEMPIO-DIY, Conflict, supra at 62). TRANSMISSION the process of applying the law of a foreign state through the law of a second foreign state (Id. at 62). Itis not the same as renvol. Renvoi involves two (2) laws. while transmission involves three (3) laws (PARAS, Conflict, supra at 218). IMlustration: An Italian domiciled in the Philippines dies in England. If the case is tried in England, the English court (following the domiciliary theory) refers: to the law of the Philippines, but discovers that the Philippines, in tum, refers the matter to Italy (following our nationality theory). Hence, England, “anather |_| “Tnnled ihe casei)“ y | ~ WAIVER OF CONFLICTS OF LAW Civil Law thru Philippine Law, ultimately applies Italian law (4). RENVOIOR Gaus) MEIC mera Reference is, made to a third state; involves three laws. Reference is made back to the law of forum; involves two laws. (SEMPIO-DIY, Conflict of Laws, supra at 62). W-TO, RESOLVE RENVO/ PROBLEM ‘THE/ABSENCE OF DEFINITIVE LAWS ‘THE MATTER ‘The=theoryto be, ‘adopted should be that which, “eonsideting the citcUmstances of a given situation, will bestjresult in faimess, equity, and justice (Id. at in| \O# — RENI To preyent-complicatiofs, parties may even waive the application of eavofin ease the same is provided for by d foreign aw. Rufes of private intemational aw will find Ho application) once a foreign law is chosen fy the artes (PE BENITO, Conf, supra a2) DA | PERSONAL STATUS L—“ AND CAPACITY To restate, Status refers to the place of an individual in society and consists of more or less permanent personal qualities and relationships with which the state and community are concemed (PARAS, Contlct, supra at 222). 5 RULES ON STATUS. Pen tren Manel Ua clateco Mca Beginning of personality| lof natural persons [age of Majority Use of Names and ‘Sumames National law of the Child (CIVIL CODE, Art. 15) Scanned with CamScannerMEMORY Al fan Goue Crest Cotge of Law OCT Bar Operation Cater Poesy ion MnO MRL cul Use of Titles of Nobili JAbsence Presumptions of Death [and Survivorship (id. at 222) As stated above, Capacity is a part of one's status and is the sum total of one’s rights and obligations (td). KINDS OF CAPACITY: 1. Capacity to Act = power to do acts with legal effect; and Lex Fort 2. Juridical Capacity = the fitness to be the subject of legal relations. In the determination of status and capacity of persons, our Civil Code follows: the nationaiity principle when dealing with Filipinos (SEMPIO-DIY, Conflict, supra at 70). When dealing with aliens, it depends on which principle their country follows, but ifthe alien fs in the Philippines, the nationality theory is, applied by implication (Id. at 70). : ‘A person's capacity to contract isgoverned by his: personal law, whether itis the /ex nationalifor the Jox domicili. The exception in the Philippines are contracts involving real or personal property in which, cases the lex situs or lex rei sitae applies (Id. at 70). Illustration: A citizen of state X wants, to"@pply for: Philippine naturalization. In state X, he is already considered of major age, being’ 15 ‘years old. Philippine naturalization laws explicitly state that he must be 18 years old in order to be naturalized. At the age of 1, may he already file his petition to be a Filipino citizen? ‘Answer: Yes, provided that at the time of the hearing of the petition he is already 18 years old. If at the said time he is not yet 18 years of age, the hearing of the petition will have to be postponed, notwithstanding the fact that in his own country, he has already reached the age of majority (PARAS, Conflict, supra at 226). Under the Civil Code, questions of family rights, duties, status, conditions, and capacity are governed by lex nationalif (CIVIL CODE, Art. 15). MARRIAGE ‘Marriage is a union of one man with one woman or the reciprocal blessings of a domestic home life, and for the birth, rearing, and education of children (PARAS, Conflict, supra at 232). Of all domestic relations, mariage is the most important. The validity of a marriage contracted in cone State may be at issue in another State in cases of annulment, actions for support and custody of children, proceedings involving legitimacy of children’ tax cases, divorce suits, inheritance problems, or criminal prosecution for bigamy . (SALONGA, Confict, supra at 258). /4..MARRIAGE AS A CONTRACT —araExtrinsie Validity — govered by lex loci celebiationis. REASON: The predictabilly and. the inferstatd, order arising from _ society's ipterest in\marriage (PE BENITO, Confit, Supra at.265),, Format Requisites of Marriage under Philippine Law: sm... Authority of the solemnizing officer; ‘ iiagValid. martiage license except in the ~ cases provided for in Chapter 2 of Title rand ii, Amarriage ceremony which takes place with the appearance of the contracting parties before the solemnizing officer and their personal declaration that they take each other as husband and wife in the ‘presence of not less. than two witnesses of legal age (FAMILY CODE, Art. 3). GENERAL RULES: All states recognize as valid those marriages celebrated in foreign countries if they comply with the formalities prescribed therein (Hague Convention). li, The forms and solemnities of contracts, wills, and other public instruments shall bbe governed by the laws of the country in which they were executed (CIVIL CODE, Art. 17). Scanned with CamScanner ES < a re fe) o FE 2 aT ra 4 fe} °ji, All marriages solemnized outside the Philippines, in accordance with the laws in force in the country where they were solemnized, and vaiid there as. such, shall also ‘be valid in this country (FAMILY CODE, Art. 26). EXCEPTIONS: , The following are void marriages in the Philippines even if valid in the foreign country where celebrated: i. Same-sex marriages, as contracting parties must be male and female (FAMILY CODE, Art. 2)! ji, When either or both parties are below 18 years of age even with parental consent (FAMILY CODE, Art. 35, par. Da ji, Bigamous and polygamous marriages (FAMILY CODE, Art. 35, par. 4); |v. Mistake as to identity of.a contracting » patty (FAMILY CODE, Art, 35; pan.5); |_) 1d—=—-Y / Califomia, where the marriage is considered v. A. subsequent. marriagé“perfort hou ecordng In ho Ci Reisey the judgment ~ off “afnulment or declaration of lye paris ‘and distribution of properlies, and. the delivery of the ‘children's presumptive legitimes (FAMILY CODE, Art/53)—— vi. Marriages where “either sfouse is Bsychologically incapacitated (FAMILY. CONFLICTS OF LAW Civil Law Marriage Contracted Outside the Philippines The Philippines follows the imperative or ‘compulsory rule which means that a marriage formally valid. where celebrated is valig elsewhere (CIVIL CODE, Art. 17(1); FAMILY CODE, Art. 26). Marriage performed by a consular or diplomatic agent empowered by the sending state to officiate marriage is valid in the receiving state, only if the latter has agreed to his acting in that capacity (SALONGA, Contlct, supra at 263). REASON: When the parties choose a place ag the loci celebrationis of their marriage, they are considered to’ have subjected all questions of form to the law of that place, and if valid there it should be considered valid everywhere (id). “> ilustration: Jay ipino first cousins got_maried in “Valid Mill their. marriage be recognized in “the Philippines? MOEN beéause such martiage is Posshigugart ‘determined by Philippine Law ~FPARAS Conte, sunra at 236, b. h Filipino: ‘step-t rother wanted to marry his CODE, Art. 36)} i Fei |Step-Sister in the Philippines, but vii. Incestuous marriages, (FAMILY. (CODE | 7 be scausésin~obr country, a step-brother ans7)and \GO\ SON eahnot'validly jnarry his step-sister, the two vil. Void marriages \by reason ‘of public Policy (FAMILY CODE, Art 38). cs NY NOTE: These ekcaptoid put into issue ste capacity of the parties t0Sentér‘ into "the—— marriage and relate to the\qubsidytive h At requirement for marriage. Since the personal law of the parties, e.g., the te + law of Filipinos, governs the questions of intrinsié validity of marriages between Filipinos abroad, the above enumerations are exceptions to lex loci celebrationis precisely because they are controlled by lex nnationalii (SEMPIO-DIY, Conflict, supra at 7). Intrinsic Validity — controlled by thé parties’ personal laws, i.e., either domiciliary or nationality. 2 Intrinsic Requirements of Marriage under Prilppine Law (FAMILY CODE, At 2) Legal capacity of the contracting parties who must be male and female; and li, Consent freely given in the presence of the solemnizing officer. a Ye ‘Sidecidéd to get married in Califomia, where vA “the /marriagé is valid. Will our country recognize ythe validity of their mariage “abroad? on rey Wh 9: Yes, because itis valid in the place Of celebration and the marriage is neither bigamous, polygamous, of incestuous as determined by Philippine law (Id. at 236; FAMILY CODE, Art. 26). Note: If this marriage has been performed inside the Philippine consulate in San Francisco by our consul or vice-consul, the marriage will be deemed to have taken place in the Philippines, and wil therefore be considered (PARAS, Conflict, supra at 237). RULES ON EXTRINSIC VALIDITY OF CERTAIN SITUATIONS: a. Proxy Marriages GENERAL RULE: Where permitted by the law of the place where the proxy participates in the marriage ceremony, they are entitled to recognition in countries adhering to lex Scanned with CamScannerMEMORY AID ‘San Bede Urey Cogs o Law ROCT Bw Operators Carter loci celebrationis rule, at least insofar as formal validity is concerned (SEMPIO-DIY, Conflict, supra at 77). NOTE: Philippine law does not sanction proxy marriages; but if celebrated’ in a foreign state in accordance with the formalities prescribed by its laws, it may be recognized in the Philippines under the /ex loci celebrationis rule (Id. at 77). Common Law Marriages If valid in the State where the parties cohabited while holding themselves out as man and wife, itis given recognition in sister States which do not permit this informal ‘method of entering into the marital status, NOTE: Common law marriages are_not recognized under Philippine law (PARAS, Conflict, supra at 235). Marriage on Board a Vessel on High Seas ‘Since the nation whose flag the ship is flying has jurisdiction over the ship, compliance. with this law is required for a marriage to be validly contracted (Id. at 77). Consular Marriages ot Marriages between Filipino’éiizens abroad, may be solemnized by a, consul-general, consul, or vice-consul. of the’ Philippines, (FAMILY CODE, Art 10): Plural Marriages : It the parties or at least the hisband is a Muslim (whose religion allows plural “marriages), it is believed that we would recognize up to four marriages of the same husband (as recognized by the Philippine Muslim Code on Personal Laws) to protect the rights of, the wives and children (SEMPIO-DIY, Confit, supra at 77). MIXED MARRIAGES: Marriage Between a Filipino and a Foreigner abroad = Ifthe marriage is valid under the law of one of the spouses while void under the law of the other, we should uphold the validity ‘of the marriage, unless the marriage , is universally incestuous or highly immoral (Id. at 77). NOTE: Same rule as to foreigners who many abroad. © |foreigners » b. Marriage between a Filipino and a Foreigner in the Philippines = Philippine law should be followed; ‘otherwise, public policy would be violated (Id. at 78). RULES ON MARRIAGE IF CELEBRATED ABROAD OR IN THE PHILIPPINES Fate Se) CONFLICTS OF LAW. oleae Ces Meher rere! [Lex loci celebrationis. without prejudice to the exceptions lunder Arts, 26, 35 (1), (4), (5), land (6), 36, 37, and 38 of the FAMILY CODE (bigamous, polygamous, and incestuous marriages), and consular marriages. Lex loci celebrationis except if the marriage is: 1. Highly immoral (lke bigamous and polygamous| marriages); or 2. Universally incestuous, Between considered| [Apply above (number 2) — luphold the validity of we marriage. ifCelebrated in the Gina National law (Art. 21, FAMILY} CODE), provided the marriage| is not highly immoral or universally incestuous. considered Mixed [National taw of. the Filipino (otherwise, public policy may be rmiltated against). Marriage by|Lex foci. celebrationis (with! proxy prejudice to the foregoing! rules). NOTE: A marriage by proxy is| considered as celebrated where the proxy appears. sid (PARAS, Conflict, supra at 233-234). Scanned with CamScannerr : CONFLICTS OF LAW ~ Civil Law MARRIAGE AS A STATUS NUNES h ie ae Marriage is not a mere contract but an inviolable social institution. Its nature, consequences, and the edie rights incidents are governed by law and not subject to (SEMPIO.DIY, slipulation (FAMILY CODE, Art). Conti, p. 80). Property relations | The Hague Convention RULES ON NATURE, CONSEQUENCES, between husband and|declares that _the| AND INCIDENT OF MARRIAGE wife. governing law on! Pow Me On Ieee re Personal rights and|National. law of the 1. The internal taw] Jobiigations between | husband, designated by the| husband and wife (mutual spouses before the| fidelity, cohabitation, JEffect of “subsequent| : marriage; respect, assistance and] change of nationally: 2. Inthe’ absence| [support right of wife to/1. If both will have a thereof, the internal use husband's name;| new common law of the state in [duty to follow husband's! nationality ~ the new] which the spouses residence) one. fix their 1* habitual Jz. if only ong. wit ——~1~ residence. change >the, last U Vax commor(nationalty. |W \) 7° NOTE: Effect of 3. if the’spouses fetal] iz [change of nationality — their, "lfferent|_—__| & no effect. This is the fiationalites -— after Ts ldoctrine of| ‘te

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