PRIL Lecture Notes
She was
August 22, 2023
1. Conflict of Laws
- More important in modern times
2. Private vs Public
- What is public international law? Body and rules
that regulate relations of States and/or entities
having international personality.
- What is private international law? Part of
municipal law which determines dealing with
foreign element and what law shall govern.
2.1. What are entities having international
personality? UN, International Monetary Fund,
2.2. Three elements of private international law
3. For bar purposes only, private international law is
a civil law. For other purposes, it encompasses all
laws.
4. Any taxation laws involving conflicts of laws?
Double taxation. Manny Pacquiao’s income
taxation. No double taxation as long as it is proven
to be already taxed.
5. Civil law – marriage, succession
5.1. Political law – nationality issue
6. Labor law – Employment termination without due
process. Labor laws of where OFW is working vs
Labor laws of Philippines. POEA contract here in
the Philippines. Philippine laws would protect OFW
even if terminated abroad. OFW cannot go to
another country without an agent.
7. Criminal law – Mary Jane Veloso case.
found to have drugs in Indonesia. Which law has
jurisdiction.
8. Conflict of law vs. Purely Domestic Law: Former
has foreign element. Latter has no foreign element.
9. What is a foreign element? Example? Nationality
of offender. Human trafficking. Under Sec. 26 of the
Anti-human trafficking act, there are certain
instances where extraterritoriality principle applies.
See Sec. 26 of said law.
10. Distinguish private international law vs public
international law. Individuals can be subject to ICC
in certain cases but it’s generally for States.
11. ICJ Statues Sources (Public International Law)
- International conventions
- International customs
- General principles of laws
- Commentaries
12. Three Functions of Conflict of Laws
a. Determination of Jurisdiction. What state has
jurisdiction over the conflict of laws.
b. Determination of law applicable on the basis of
what principle of law may be invoked.
c. Possible application of conflict of laws in possible
recognition of judgment.
13. History (Salonga book) – own reading
No prescribed book but one of the best books is
Salonga but not designed for students. Main source
is syllabus.
14. Sources of Private International Law (memorize
with examples)
15. Reason for Conflict of Laws: Different states
have different laws.
15. Purpose: Minimize conflicts between states by 5. Head of State immunity vs. Act of State (Noriega
multilateral treatises and bilateral treatises case)
6. What is judicial jurisdiction?
16. What is jurisdiction? Under domestic law? - Power of the court to hear, to try, and to decide
International Law? cases.
- Domestic law: Authority of courts… - In criminal cases? Territorial cases.
- Public international law: Competence of the state 6.1. Aspects of jurisdiction
to prescribe rules of conduct,
a. Over the subject matter
b. Over the person
17. Bases of Jurisdiction
c. Over the res
a. Territoriality principle – see art. 14, NCC
- Most applicable in criminal cases such as
6.2. Kinds of actions
copyright laws
a. In personam – summons by publication is not
allowed. Only in in rem. Here, generally personal
Instances when foreigners are exempted from service subject to exceptions.
Philippine jurisdiction
b. In rem
c. Quasi in rem
18. Our national courts can only exercise universal
application if there is state legislation to that regard.
6.3. Importance of action

Coverage for Aug 29

7. Distinction: Declaration of Nullity of Marriage for
void marriage. Annulment of marriage if marriage
August 29, 2023 initially valid but became voidable.
1. What is the Act of States Doctrine?
- Republic v. Marcos 8. Classification of actions
- Method of another country will not take a. Personal action
cognizance of acts of another country. However,
b. Real action
this is not a guarantee.
- This Doctrine is a defense but not in this case.
9. Gomez case: A case can be a real action an in
personam case.
2. PCGG v. Sandiganbayan (recit mo)
3. Private function vs public function
10. Choice of forum
4. US v. Noriega
- Methods of dismissing/disposing conflicts cases
- How did US have jurisdiction over Noriega even if
a. Dismissal
latter committed a crime outside court jurisdiction of
US? This case is an exception to territoriality b. Assume jurisdiction in Philippine Law
principle which is the protective principle.
c. Assume jurisdiction in Foreign Law
11. Different phases 8. Saudi Arabian Airlines v. Rebesencio: pregnant
flight attendants case
a. Choice of Forum
b. Choice of Law
9. Choice of Law. What is choice of law?
c. Recognition and Enforcement of Judgment
Determination whether it is the law of the forum or
foreign law which will apply?

11.1. Importance of phases: 9.1. Two Important Questions (p.11, reviewer)

9.2. Tests in Determining Applicable Law

12. Choice of forum provision. > Doctrine applicable: For example, nationality
principle
> Example of connections: terms of agreement,
September 9, 2023 residents of the parties…
1. What is forum non conveniens? 10. Principle of Party Autonomy in Contracts
1.1. Instances when this forum may be invoked? 11. Instances when forum has no choice but to
Puyat v. Zarate. P. 7 of notes apply domestic law
1.2. What is plaintiff is a resident plaintiff? Per 11.1. Exceptions to Application of Foreign Law to
second instance of forum non conveniens. For be discussed next meeting.
resident, our courts/local forum will always be a
convenient forum for the plaintiff. Thus forum non 12. Pakistan Airlines v. Ople
conveniens does not apply.
13. Zalamea v. CA: lex loci contractus
1.3. Factors in determining convenient forum (p.7):
14. US v. CA
1.4. Discretionary upon courts.
15. Saudi Arabian Airlines v. CA
1.5. Manila Hotel Corp v. NLRC: A case of direct
.
hiring.
V (B) up to VI (C)
> Does the NLRC have jurisdiction over the case?
Yes, however it is possible to have jurisdiction and
refusal to assume jurisdiction since this is a case of
illegal dismissal. However, the forum is
inconvenient.

2. Puyat v. Zarate
3. Pacific Consultants v. Schonfeld
4. Hasegawa v. Kitamura (important case. Read in
full text): RTC has jurisdiction over the case.
> The state of the most significant rule
> RTC already determined that it is a convenient
forum
5. Raytheon v. Rouzie
6. PNCC v. Asiavest
7.Continental Micronesia v. Basso