STEPS IN ANALYZING CONFLIC OF LAW PROBLEM

1. "Under the law, do I have jurisdiction over the subject matter and the parties to this case?

2. "If the answer is yes, is this a convenient forum to the parties, in light of the facts?

3. "If the answer is yes, what is the conflicts rule for this particular problem?

4. "If the conflicts rule points to a foreign law, has said law been properly pleaded and proved
by the one invoking it?

5. "If so, is the application or enforcement of the foreign law in the forum one of the basic
exceptions to the application of foreign law? In short, is there any strong policy or vital interest
of the forum that is at stake in this case and which should preclude the application of foreign
law?

1 Does the court/agency have jurisdiction over the case?

1-A. Is there a ”foreign element”? Is this a PRIL case?
a. What are the foreign elements?
b. Which among are the relevant to the main issue?
2. Should the Court/agency exercise jurisdiction over the case?
3. What is the applicable law?
a. What is the PRIL issue? How do we characterize the PRIL issue?
b. What is the applicable Philippine PRIL rule?
c. What does the foreign law provide?
4. Have the foreign elements been pleaded and proven?
a. What foreign elements must be proven to resolve the main issue, and what are the
applicable procedural rules?
b. Have the foreign elements been proved as required by the rules?
5. Should the foreign elements be recognized under Philippine Law?