Conflicts of Laws

03/08

How do you get involved in a legal problem  CFL?

3-fold function of the PIL

Remedies of Conflicts of Law

Conflict of Laws v. Public International Law

Where do we find in the Philippine Laws the provisions governing Conflicts of

Law?

Home Insurance Company v. Eastern Shipping Lines

 Should we take into account the present day realities that the Philippines is in
trade with other countries
 How did the law factor in the reason that the Philippines were increasingly
participating in international trade? Is it to liberalize or to constrict the
construction?

FPIB v CA

 Distinguish Forum shopping in domestic jurisdiction v in conflicts of laws

McGee v international Life Insurance

 How do the Philippine Courts acquire jurisdiction over non-resident

defendants? ROC –
 Is the convenience of the defendant also taken into account?

Valmonte v Alcala

 How were supposed to have read the petition

 How was someone from outside the Philippines supposed to have
complied w/ the laws or requirements of the Philippines
 JURISDICTION

Jurisdiction – Definition

EEOC v Arabian American Oil Company

Kirstaeng v John Wiley and sons (2013 & 2016)

BMW v. Gore

Principle of State Sovereignty and Comity

Spector v Norwegian Cruise Line

French and English Theory

Asiavest Ltd. V CA

Doctrine of processual presumption

HERAS Service of Summons
Minimum Contracts Doctrine
What would have been a minimum contact?

Banco do Brasil v CA

What is a nuisance defendant?

Regner v. Logarta

Action in personam – impossibility/ personal service of summons – substituted service

of summons

Action in personam v quasi in rem

NM Rothschild v Lepanto

Minimum Contracts doctrine relate to Pennoyer Case would it have made a difference?
 Asiavest Ltd. CA

Kulko v. Superior Court (Custody Agreement  CA & New York; jurisdictions)

What was the basis of the court in assuming jurisdiction?

Sufficient Minimum Contact

Burnham v Superior Court

World Wide Volkswagen v. Woodson

May a state court exercise jurisdiction over a non-resident defendant?

Asahi Metal Industry Co. V. Superior Court

Stream of Commerce

Societe Nationale v. US District Court

What is a blocking statute?

Dulay v Dulay

How was letters rogatory worded?

Navida v Dizon

Product Liability Jurisdiction