Conflicts of Laws:

part of 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 law/s (Paras)

NOTE: part of the municipal law, particularly civil law, not international law.

Conflicts of Law distinguished from Internal Rules

Internal Rules

applicable to cases without any foreign element, which are also part of the municipal
law, by the fact that they do not purport to solve the problem

merely point to the law to be applied, whether local law or the proper foreign law

General Principles:

Private International Law

Part of municipal law of a State which directs its courts and administrative
agencies,when confronted with a legal problem involving foreign element , whether or
not they should apply foreign law/s or not

Functions of Private International Law

Determination of which country has jurisdiction

Applicability of a particular place of either the local or foreign law

Determination of the force, validity & effectiveness of a foreign judgment

Private distinguished from Public International Law

1. Monist School

o Both subjects are essentially the same because they manifest a single concept of law,
ultimately addressed to the same individual

2. Dualist School

Private International Law Public International Law

Nature Municipal in Character International in Character

Sovereign states and other

Persons Involved Private Individuals entities possessed of
international personality

Transactions which generally

Private transactions bet. Private
Transactions Involved after public interest or of
individuals
interest only to sovereign states

Remedies may be peaceful or

Remedies/Sanctions Resort to municipal tribunals
forcible

Philippine Conflicts Rules in the Civil Code?

Article Source Defining Points

Territoriality Principle

GR: Penal laws and those of public security and safety

shall be obligatory upon all who live or sojourn in the
Philippines, subject to the principles of international law
14 Civil Code
and treaty stipulations (e.g. crime against bigamy
commited abroad is NOT punishable here)

EX: extra-territoriality such as in Art. 2 of RPC

Extra-territoriality

It provides that penal statutes may find application even

outside the territorial jurisdiction of an enacting state
pursuant to treaty obligations and general principles of
public international law.

Article 2. Application of its provisions. - Except as provided

in the treaties and laws of preferential application, the
provisions of this Code shall be enforced not only within
the Philippine Archipelago, including its atmosphere, its
interior waters and maritime zone, but also outside of its
jurisdiction, against those who:

1. Should commit an offense while on a Philippine ship or

airship

2. Should forge or counterfeit any coin or currency note of

the Philippine Islands or obligations and securities issued
by the Government of the Philippine Islands;
Revised Penal
2
Code 3. Should be liable for acts connected with the
introduction into these islands of the obligations and
securities mentioned in the preceding number

4. While being public officers or employees, should

commit an offense in the exercise of their functions; or

5. Should commit any of the crimes against national

security and the law of nations, defined in Title One of
Book Two of this Code.

Examples:

If there is a treaty for exchange of prisoners, it becomes

part of our laws and a Filipino convicted for a crime
abroad may serve his sentence in the Philippines.

If a Filipino is convicted of crimes against humanity, he

may also serve his sentence here under the principle of
universality, which makes such crimes punishable in any
jurisdiction regardless of the place of commission.

15 Nationality Principle

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

Lex Rei Sitae (Lex Situs)

16 Real property as well as personal property is subject to the
law of the country where it is situated

Lex Loci Celebrationis

GR: The forms and solemnities of contracts, wills and

17 other public instruments shall be governed by the laws of
the country in which they are executed

EX:

16 Alienation and encumbrance of property (Lex Situs)

Consular Contracts

Family Code When either or both of the parties to a marriage are aliens, it is
21 necessary before securing marriage license, to provide themselves
with certificate of legal capacity to contract marriage

GR: All marriages solemnized outside Philippines in accord with

the law in force in the country where they are solemnized, and
26 valid there as such, shall also be valid

EX: those prohibited

Art. 35. The following marriages shall be void from the beginning:

(1) Those contracted by any party below 18 years of age even with
the consent of parents or guardians;

(2) Those solemnized by any person not legally authorized to

perform marriages unless such marriages were contracted with
either or both parties believing in good faith that the solemnizing
officer had the legal authority to do so;

Art. 35 (1), (3) Those solemnized without license, except those covered the
(4), (5),(6) preceding Chapter;

(4) Those bigamous or polygamous marriages not failing under

Article 41;

(5) Those contracted through mistake of one contracting party as

to the identity of the other; and

(6) Those subsequent marriages that are void under Article 53.
(Requisites of Marriage (LC-CAM): 1. Legal Capacity 2. Consent
3. Authority 4. Marriage License)

Art. 36

Art. 36. A marriage contracted by any party who, at the time of

the celebration, was psychologically incapacitated to comply with
the essential marital obligations of marriage, shall likewise be void
even if such incapacity becomes manifest only after its
solemnization.

Art. 37

Art. 37. Marriages between the following are incestuous and void
from the beginning, whether relationship between the parties be
 legitimate or illegitimate:

(1) Between ascendants and descendants of any degree; and

(2) Between brothers and sisters, whether of the full or half blood.

Art. 38

Art. 38. The following marriages shall be void from the beginning
for reasons of public policy: (blood-step-in-law-adopt3-surviving2-
killed)

(1) Between collateral blood relatives whether legitimate or

illegitimate, up to the fourth civil degree;

(2) Between step-parents and step-children;

(3) Between parents-in-law and children-in-law;

(4) Between the adopting parent and the adopted child;

(5) Between the surviving spouse of the adopting parent and the
adopted child;

(6) Between the surviving spouse of the adopted child and the
adopter;

(7) Between an adopted child and a legitimate child of the

adopter;

(8) Between adopted children of the same adopter; and

(9) Between parties where one, with the intention to marry the
other, killed that other person's spouse, or his or her own spouse.

In absence of contrary stipulation in a marriage settlement,

property relations of spouses shall be governed by Philippines
80
laws regardless of the place of the celebration of the marriage and
their residence

Civil Code The will of a Filipino in a foreign country

815 PROVIDED: he is authorized to make a will in any of the forms

established in the country where he is, may be probated in the
Philippines

Will of an alien produces effect in the Philippines if made with

816 formalities prescribed by law of the place where he resides, or of
his own country, or of the Civil Code of the Philippines

If an alien makes a will in the Philippines in accord with formalities

817 prescribed by the laws of his country, his will shall have same
effect as if executed according to Philippine laws

Joint wills executed by Filipinos in a foreign country will NOT be

819
valid

Revocation of will done outside Philippines by person who does

829 NOT have his domicile here is valid when done according to the
law of the place where testator had his domicile at the time

1039 Capacity to succeed is governed by decedents national law

1753 Law of the country to which goods are to be transported shall

 govern the liability of the common carrier for their loss,
destruction or deterioration

Article Source Defining Points

Territoriality Principle

GR: Penal laws and those of public security and safety

shall be obligatory upon all who live or sojourn in the
14 Civil Code
Philippines, subject to the principles of international law
and treaty stipulations

EX: extra-territoriality such as in Art. 2 of RPC

Extra-territoriality

It provides that penal statutes may find application even

outside the territorial jurisdiction of an enacting state
pursuant to treaty obligations and general principles of
public international law.

Article 2. Application of its provisions. - Except as provided

in the treaties and laws of preferential application, the
provisions of this Code shall be enforced not only within
the Philippine Archipelago, including its atmosphere, its
interior waters and maritime zone, but also outside of its
jurisdiction, against those who:

1. Should commit an offense while on a Philippine ship or

airship

2. Should forge or counterfeit any coin or currency note of

the Philippine Islands or obligations and securities issued
by the Government of the Philippine Islands;
Revised Penal
2
Code 3. Should be liable for acts connected with the
introduction into these islands of the obligations and
securities mentioned in the preceding number

4. While being public officers or employees, should

commit an offense in the exercise of their functions; or

5. Should commit any of the crimes against national

security and the law of nations, defined in Title One of
Book Two of this Code.

Examples:

If there is a treaty for exchange of prisoners, it becomes

part of our laws and a Filipino convicted for a crime
abroad may serve his sentence in the Philippines.

If a Filipino is convicted of crimes against humanity, he

may also serve his sentence here under the principle of
universality, which makes such crimes punishable in any
jurisdiction regardless of the place of commission.

15 Nationality Principle

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

Lex Rei Sitae (Lex Situs)

16 Real property as well as personal property is subject to the
law of the country where it is situated

Lex Loci Celebrationis

GR: The forms and solemnities of contracts, wills and

17 other public instruments shall be governed by the laws of
the country in which they are executed

EX:

16 Alienation and encumbrance of property (Lex Situs)

Consular Contracts

Family Code When either or both of the parties to a marriage are aliens, it is
21 necessary before securing marriage license, to provide themselves
with certificate of legal capacity to contract marriage

GR: All marriages solemnized outside Philippines in accord with

the law in force in the country where they are solemnized, and
26 valid there as such, shall also be valid

EX: those prohibited

Art. 35. The following marriages shall be void from the beginning:

(1) Those contracted by any party below 18 years of age even with
the consent of parents or guardians;

(2) Those solemnized by any person not legally authorized to

perform marriages unless such marriages were contracted with
either or both parties believing in good faith that the solemnizing
officer had the legal authority to do so;

Art. 35 (1), (3) Those solemnized without license, except those covered the
(4), (5),(6) preceding Chapter;

(4) Those bigamous or polygamous marriages not failing under

Article 41;

(5) Those contracted through mistake of one contracting party as

to the identity of the other; and

(6) Those subsequent marriages that are void under Article 53.
(Requisites of Marriage (LC-CAM): 1. Legal Capacity 2. Consent
3. Authority 4. Marriage License)

Art. 36

Art. 36. A marriage contracted by any party who, at the time of

the celebration, was psychologically incapacitated to comply with
the essential marital obligations of marriage, shall likewise be void
even if such incapacity becomes manifest only after its
solemnization.

Art. 37

Art. 37. Marriages between the following are incestuous and void
from the beginning, whether relationship between the parties be
 legitimate or illegitimate:

(1) Between ascendants and descendants of any degree; and

(2) Between brothers and sisters, whether of the full or half blood.

Art. 38

Art. 38. The following marriages shall be void from the beginning
for reasons of public policy: (blood-step-in-law-adopt3-surviving2-
killed)

(1) Between collateral blood relatives whether legitimate or

illegitimate, up to the fourth civil degree;

(2) Between step-parents and step-children;

(3) Between parents-in-law and children-in-law;

(4) Between the adopting parent and the adopted child;

(5) Between the surviving spouse of the adopting parent and the
adopted child;

(6) Between the surviving spouse of the adopted child and the
adopter;

(7) Between an adopted child and a legitimate child of the

adopter;

(8) Between adopted children of the same adopter; and

(9) Between parties where one, with the intention to marry the
other, killed that other person's spouse, or his or her own spouse.

In absence of contrary stipulation in a marriage settlement,

property relations of spouses shall be governed by Philippines
80
laws regardless of the place of the celebration of the marriage and
their residence

Civil Code The will of a Filipino in a foreign country

815 PROVIDED: he is authorized to make a will in any of the forms

established in the country where he is, may be probated in the
Philippines

Will of an alien produces effect in the Philippines if made with

816 formalities prescribed by law of the place where he resides, or of
his own country, or of the Civil Code of the Philippines

If an alien makes a will in the Philippines in accord with formalities

817 prescribed by the laws of his country, his will shall have same
effect as if executed according to Philippine laws

Joint wills executed by Filipinos in a foreign country will NOT be

819
valid

Revocation of will done outside Philippines by person who does

829 NOT have his domicile here is valid when done according to the
law of the place where testator had his domicile at the time

1039 Capacity to succeed is governed by decedents national law

1753 Law of the country to which goods are to be transported shall

 govern the liability of the common carrier for their loss,
destruction or deterioration

Cases:

Bank of America v. CA (2003)

Summary: Eduardo K. Litonjua, Sr. and Aurelio J. Litonjua (Litonjuas) were engaged in the
shipping business owning 2 vessels. SInce their business are doing good, Bank of
America offered to purchase 4 more ships through their loan. Soon, they lost everything
in a foreclosure sale and owed 10% of their personal funds. They filed the case in RTC
Pasig against BA and BA international. BA NT&SA, and BA international filed a motion to
dismiss on the grounds of forum non conveniens. SC: dismissed.

Doctrines:

Philippine Court may assume jurisdiction over the case if it chooses to do so;
provided, that the following requisites are met:

(1) that the Philippine Court is one to which the parties may
conveniently resort to; - present

(2) that the Philippine Court is in a position to make an intelligent

decision as to the law and the facts; and, - present

(3) that the Philippine Court has or is likely to have power to enforce its
decision - present

This Court further ruled that while it is within the discretion of the trial court to
abstain from assuming jurisdiction on this ground, it should do so only after vital
facts are established, to determine whether special circumstances require the
court's desistance; and that the propriety of dismissing a case based on this
principle of forum non conveniens requires a factual determination, hence it is
more properly considered a matter of defense

Phil. Export and Foreign Loan Guarantee Corp. v. V.P. Eusebio Construction Inc. (2004)

Summary: In a construction project in Irag, VPECI got Philguarantee as guarantor. It

advised Philguarantee not to pay SOB yet because of the delay but it did. There is no
express law regarding the validity of contracts. SC applied our laws. Moreover
Philguarantee as guarantor could have waited to resort first all remedies but having paid
depsite the advise it has waived its right.

Doctrines:

The rule followed by most legal systems, however, is that the intrinsic validity of
a contract must be governed by the

If none:

(1) the parties may choose the governing law

lex contractus or "proper law of the contract."

law voluntarily agreed upon by the parties (the lex loci

voluntatis)

law intended by them either expressly or implicitly (the

lex loci intentionis)

(2) in the absence of such a choice, the applicable law is that of the
State that "has the most significant relationship to the transaction and
the parties
 (3) all matters relating to the time, place, and manner of performance
and valid excuses for non-performance are determined by the law of the
place of performance or lex loci solutionis, which is useful because it is
undoubtedly always connected to the contract in a significant way

laws of Iraq bear substantial connection to the transaction, since one of the
parties is the Iraqi Government and the place of performance is in Iraq.

However, since that foreign law was not properly pleaded or proved, the
presumption of identity or similarity, otherwise known as the processual
presumption, comes into play. Where foreign law is not pleaded or, even
if pleaded, is not proved, the presumption is that foreign law is the same
as ours

Northwest Orient Airlines, Inc. CA (1995)

Summary: Northwest Airlines (Northwest) and C.F. Sharp & Company (C.F.), through its
Japan branch, authorized C.F. to sell its air transportation tickets. C.F. failed to remit so
Northwest filed in the Tokyo Court and it rendered a decision against C.F. RTC and CA:
dismissed the case for being out of jurisdiction SC: granted Northwests petition. SHARP
may be deemed a resident of Japan, and, as such, was amenable to the jurisdiction of
the courts therein and may be deemed to have assented to the said courts' lawful
methods of serving process

Doctrines:

the party attacking (C.F.) a foreign judgment has the burden of overcoming the
presumption of its validity

the Japanese law on the matter is presumed to be similar with the Philippine law
on service of summons on a private foreign corporation doing business in the
Philippines

Our laws and jurisprudence indicate a purpose to assimilate foreign

corporations, duly licensed to do business here, to the status of
domestic corporations