CONFLICTS OF LAWS; Definition: Forcible: includes severance of

diplomatic relations, retorsions,

1. That part of the law of each state or nation which determines whether, in reprisals, embargo, boycott,
dealing with a legal situation, the law or some other state or nation will be non-intercourse, pacific
recognized, given effect, or applied (16 Am Jur, 2d, Conflict of Laws, §1). blockades, collective measures
2. That part of municipal law of a state which directs its courts and under the UN Charter, and war.
administrative agencies, when confronted with a legal problem involving a
foreign element, whether or not they should apply a foreign law/s (Paras). SOURCES:

DISTINGUISHED FROM PUBLIC INTERNATIONAL LAW Direct:

BASIS CONFLICT OF LAW LAW OF NATIONS 1. Constitutions

1 Nature Municipal in character
2 Persons Dealt with by private
involved individuals; governs individuals
in their private transactions
which involve a foreign
element
3 Transactions Private transactions between
involved private individuals
4 Remedies and Resort to municipal tribunals
Sanctions
International in character
Sovereign states and other 2. Codifications
entities possessing international
personality, e.g., UN; governs 1. Special Laws
states in their relationships 2. Treaties and Conventions
amongst themselves 3. Judicial Decisions
Generally affected by public 4. International Customs
interest; those in general are of
interest only to sovereign states Indirect:
May be peaceful or forcible
1. Natural moral law
Peaceful: includes diplomatic
1. Work of writers
negotiation, tender & exercise
of good offices, mediation,
inquiry & conciliation,
arbitration, judicial settlement
by ICJ, reference to regional
agencies
TERMS:
Lex Domicilii – law of the domicile; in conflicts, the law of one’s domicile applied in
the choice of law questions
Lex Fori – law of the forum; that is, the positive law of the state, country or
jurisdiction of whose judicial system of the court where the suit is brought or
remedy is sought is an integral part. Substantive rights are determined by the law
where the action arose (lex loci) while the procedural rights are governed by the law
of the place of the forum (lex fori)
Lex Loci – law of the place
Lex Loci Contractus – the law of the place where the contract was made or law of the
place where the contract is to be governed (place of performance) which may or
may not be the same as that of the place where it was made
Lex Loci Rei Sitae – law of the place where the thing or subject matter is situated; the
title to realty or question of real estate law can be affected only by the law of the
place where it is situated
Lex Situs – law of the place where property is situated; the general rule is that lands
and other immovables are governed by the law of the state where they are situated
Lex Loci Actus – law of the place where the act was done
Lex Loci Celebrationis – law of the place where the contract is made
Lex Loci Solutionis – law of the place of solution; the law of the place where payment
or performance of a contract is to be made
Lex Loci Delicti Commissi – law of the place where the crime took place
Lex Mereatoria – law merchant; commercial law; that system of laws which is
adopted by all commercial nations and constitute as part of the law of the land; part
of common law
Lex Non Scripta – the unwritten common law, which includes general and particular
customs and particular local laws
Lex Patriae – national law
Renvoi Doctrine – doctrine whereby a jural matter is presented which the conflict of
laws rules of the forum refer to a foreign law which in turn, refers the matter back to
the law of the forum or a third state. When reference is made back to the law of the
forum, this is said to be “remission” while reference to a third state is called
“transmission.”
Nationality Theory – by virtue of which the status and capacity of an individual are
generally governed by the law of his nationality. This is principally adopted in the RP
Domiciliary Theory – in general, the status, condition, rights, obligations, & capacity
of a person should be governed by the law of his domicile.
Long Arm Statutes – Statutes allowing the courts to exercise jurisdiction when there
are minimum contacts between the non-resident defendant and the forum.
WAYS OF DEALING WITH A CONFLICTS PROBLEM:
1. Dismiss the case for lack of jurisdiction, or on the ground of forum non-
conveniens
DOCTRINE OF FORUM NON CONVENIENS – the forum is inconvenient; the ends of
justice would be best served by trial in another forum; the controversy may be more
suitably tried elsewhere
1. Assume jurisdiction and apply either the law of the forum or of another state
1. i. A specific law of the forum decrees that internal law should apply
1. APPLY INTERNAL LAW – forum law should be applied whenever there is good
reason to do so; there is a good reason when any one of the following factors
is present:
Examples:
 Article. 16 of the Civil Code – real and personal property subject to the law of
the country where they are situated and testamentary succession governed
by lex nationalii
 Article 829 of the Civil Code – makes revocation done outside Philippines
valid according to law of the place where will was made or lex domicilii
 Article 819 of the Civil Code – prohibits Filipinos from making joint wills even
if valid in foreign country
1. ii. The proper foreign law was not properly pleaded and proved
NOTICE AND PROOF OF FOREIGN LAW
 As a general rule, courts do not take judicial notice of foreign laws; Foreign
laws must be pleaded and proved
 Effect of failure to plead and prove foreign law (3 alternatives) of the forum
court:
(a) Dismiss the case for inability to establish cause of action
(b) Assume that the foreign law of the same as the law of the forum
(c) Apply the law of the forum
1. The case falls under any of the exceptions to the application of foreign law
Exceptions to application of foreign law:
(a) The foreign law is contrary to the public policy of the forum
(b) The foreign law is procedural in nature
(c) The case involves issues related to property, real or personal (lex situs)
(d) The issue involved in the enforcement of foreign claim is fiscal or administrative
(e) The foreign law or judgment is contrary to good morals (contra bonos mores)
(f) The foreign law is penal in character
(g) When application of the foreign law may work undeniable injustice to the
citizens of the forum
(h) When application of the foreign law might endanger the vital interest of the
state
 2. APPLY FOREIGN LAW – when properly pleaded and proved Rules on Status in General

THEORIES WHY FOREIGN LAW SHOULD BE GIVEN EFFECT Factual Situation Point of Contact
1 Beginning of personality of natural National law of the child (Article 15, CC)
1. Theory of Comity – foreign law is applied because of its convenience & person
because we want to give protection to our citizens, residents, & transients in 2 Ways & effects of emancipation Same
our land
3 Age of majority Same
2. Theory of Vested Rights – we seek to enforce not foreign law itself but the
4 Use of names and surnames Same
rights that have been vested under such foreign law; an act done in another
state may give rise to the existence of a right if the laws of that state crated 5 Use of titles of nobility Same
such right. 6 Absence Same
3. Theory of Local Law– adherents of this school of thought believe that we 7 Presumptive death & survivorship Lex fori (Article 43, 390, 391, CC; Rule 131 §5
apply foreign law not because it is foreign, but because our laws, by applying [jj], Rules of Court)
similar rules, require us to do so; hence, it is as if the foreign law has become
part & parcel of our local law Rules on Marriage as a Contract
4. Theory of Harmony of Laws – theorists here insist that in many cases we have
to apply the foreign laws so that wherever a case is decided, that is, FACTUAL SITUATION POINT OF CONTACT
irrespective of the forum, the solution should be approximately the same; Celebrated Between Filipinos Lex loci celebrationis is without prejudice to the
thus, identical or similar solutions anywhere & everywhere. When the goal is Abroad exceptions under Articles 25, 35 (1, 4, 5 & 6), 36,
realized, there will be “harmony of laws” 37 & 38 of the Family Code (bigamous &
5. Theory of Justice – the purpose of all laws, including Conflict of Laws, is the incestuous marriages) & consular marriages
dispensing of justice; if this can be attained in may cases applying the proper Between Foreigners Lex loci celebrationis EXCEPT if the marriage is:
foreign law, we must do so
1. Highly immoral (like bigamous/
polygamous marriages)
2. Universally considered incestuous
(between brother-sister, and ascendants-
descendants)

Mixed Apply 1 (b) to uphold validity of marriage

Celebrated Between Foreigners National law (Article 21, FC) PROVIDED the
in RP marriage is not highly immoral or universally
considered incestuous)
Mixed National law of Filipino (otherwise public policy
may be militated against)
Marriage by proxy (NOTE: a Lex loci celebrationis (with prejudice to the
marriage by proxy is foregoing rules)
considered celebrated
where the proxy appears
Rules on Marriage as a Status
FACTUAL SITUATION POINT OF CONTACT
1 Personal rights & obligations between National of husband(Note: Effect of
husband & wife subsequent change of nationality:
1. If both will have a new
nationality – the new one
2. If only one will change – the last
common nationality
3. If no common nationality –
nationality of husband at the
time of wedding)
2 Property relations bet husband & wife National law of husband without
prejudice to what the CC provides
concerning REAL property located in the
RP (Article 80) (NOTE: Change of
nationality has NO EFFECT. This is the
DOCTRINE OF IMMUTABILITY IN THE
MATRIMONIAL PROPERTY REGIME)
Rules on Property
FACTUAL SITUATION POINT OF CONTACT
Real property Lex rei sitae (Article 16, CC)
Exceptions Successional rights National law of decedent (Article 16 par.
2, CC)
Capacity to succeed National law of decedent (Article. 1039)
Contracts involving real property The law intended will be the proper law
which do not deal with the title of the contract (lex loci voluntantis or lex
thereto loci intentionis)
Contracts where the real property The principal contract (usually loan) is
is given as security governed by the proper law oft the
contract – (lex loci voluntatis or lex loci
intentionis)NOTE: the mortgage itself is
governed by lex rei sitae. There is a
possibility that the principal contract is
valid but the mortgage is void; or it may
be the other way around. If the principal
contract is void, the mortgage will also
be void (for lack of proper cause or
consideration), although by itself, the
mortgage could have been valid.
Tangible personal property (choses in possession)
1 In General Lex rei sitae (Article. 16, CC)
Exceptions: same as those for real EXCEPTION: same as those for real
property property EXCEPT that in the example
concerning mortgage, the same must be
changed to pledge of personal property)
 2 Means of Transportation 4. Lex loci solutionis
Vessels Law of the flag (or in some cases, place
of registry) 3 Taxation of debts Domicile of creditor
Other means Law of the depot (storage place for 4 Administration of debts Lex situs of assets of the debtor (for these
supplies or resting place) assets can be held liable for the debts)
3 Things in transitu (these things 5 Negotiability or non-negotiability of an The right embodied in the instrument
have a changing status because instrument (for example, in the case of a Swedish bill
they move) of exchange, Swedish law determines its
Loss, destruction, deterioration Law of the destination (Article. 1753, CC) negotiability)
Validity & effect of the seizure of Locus regit actum (where seized) – 6 Validity of transfer, delivery or In general, situs of the instrument at the
the goods because said place is their temporary negotiation of the instrument time of transfer, delivery or negotiation
situs 7 Effect on a corporation of the sale of Law of the place incorporation
Disposition or alienage of the Lex loci volutantis or lex loci intentionis – corporate shares
goods because here there is a contract 8 Effect between the parties of the sale of Lex loci voluntatis or lex loci intentionis
corporate shares (proper law of the contract) – for this is
really a contract; usually this is the place
where the certificate is delivered)
FACTUAL SITUATION POINT OF CONTACT 9 Taxation on the dividends of corporate Law of the place of incorporation
INTangIBLE PERSONAL PROPERTY (CHOSES IN shares
ACTION) 10 Taxation on the income from the sale of Law of the place where the sale was
1 Recovery of debts or involuntary Where debtor may be effectively served corporate shares consummated
assignment of debts (garnishment) with summons (usually the domicile) 11 Franchises Law of the place that granted them
2 Voluntary assignment of debts Lex loci voluntatis or lex loci intentionis 12 Goodwill of the business & taxation Law of the place where the business is
(proper law of the contract) thereto carried on
Other Theories: 13 Patents, copyrights, trademarks, trade In the absence of a treaty, they are protected
names only by the state that granted themNOTE:
1. National law of the debtor or creditor foreigners may sue for infringement of
2. Domicile of the debtor or creditor trademarks and trade names in the RP ONLY
IF Filipinos are granted reciprocal
3. Lex loci celebrationis
concessions in the state of the foreigners

Wills, Succession & Administration of Conflict Rules
FACTUAL SITUATION POINT OF CONTACT
Extrinsic Validity of Wills
1 Made by an alien abroad Lex nationalii OR lex domicilii OR RP law
(Article 816, CC), OR lex loci
celebrationis (Article 17(1))
2 Made by a Filipino abroad Lex nationalii OR lex loci celebrationis
(Article 815)
3 Made by an alien in the RP Lex nationalii OR lex loci celebrationis
(Article 817)
FACTUAL SITUATION POINT OF CONTACT
Extrinsic Validity of Joint Wills (made in the
same instrument)
1 Made by Filipinos abroad Lex nationalii (void, even if valid where
made) (Article 819)
2 Made by aliens abroad Valid if valid according to lex domicilii or lex
loci celebrationis (Article 819)
3 Made by aliens in the RP Lex loci celebrationis therefore void even if
apparently allowed by Article 817 because
the prohibition on joint wills is a clear
expression of public policy
Intrinsic Validity of Wills Lex nationalii of the deceased – regardless
of the LOCATION & NATURE of the property
(Article 16 (2))
Capacity to Succeed
Revocation of Wills
1 If done in the RP
2 If done OUTSIDE the RP
1. By a NON-DOMICILIARY
1. By a DOMICILIARY of the RP
Probate of Wills Made Abroad
1 If not yet probated abroad
2 If already probated abroad
Executors and Administrators
1 Where appointed
2 Powers
Lex nationalii of the deceased – not of the
heir (Article 1039)
Lex loci actus (of the revocation) (Article.
829)
Lex loci celebrationis (of the making of the
will, NOT revocation), OR lex domicilii
(Article 829)
Lex domicilii (RP law) OR lex loci actus (of the
revocation) (Article 17)
Lex fori of the RP applies as to the
procedural aspects, i.e., the will must be
fully probated here & due execution must
be shown
Lex fori of the RP again applies as to the
procedural aspects; must also be probated
here, but instead of proving due execution,
generally it is enough to ask for the
enforcement here of the foreign judgment
on the probate abroad
Place where domiciled at death or incase of
non-domiciliary, where assets are found
Co-extensive with the qualifying of the
appointing court – powers may only be
exercised within the territorial jurisdiction of the
court concernedNOTE: these rules also apply to
principal, domiciliary, or ancillary administrators
& receivers even in non-successive cases
Rules on Obligation and Contracts 6. Cause or consideration – lex loci considerations
7. Performance – lex loci solutionis (defect: this theory combines the defect of
FACTUAL SITUATION POINT OF CONTACT the others)
Formal or Extrinsic Validity Lex loci celebrationis (Article 17 {1})
Exceptions
1. Alienation & encumbrance of Lex situs (Article 16 [1])
property

1. Consular contracts Law of the RP (if made in RP

consulates)
Capacity of Contracting Parties National law (Article 15) without
prejudice to the case of Insular
Government v Frank 13 P 236, where
the SC adhered to the theory of lex loci
celebrationis Rules on Torts
Exception
Alienation & encumbrance of property Lex situs (Article 16 {1}) FACTUAL SITUATION POINT OF CONTACT
Intrinsic validity (including interpretation of Proper law of the contract – lex Liability & damages for torts in general Lex loci delicti (law of the place where the
the instruments, and amt. of damages for contractus (in the broad sense), NOTE: The locus delicti (place of delict was committed)NOTE: liability for
breach) meaning the lex voluntatis or lex loci commission of torts) is faced by the foreign torts may be enforced in the RP if:
intentionis problem of characterization. In civil law
Other Theories are: countries, the locus delicti is generally 1. The tort is not penal in character
where the act began; in common law 2. If the enforcement of the tortious
1. Lex loci celebrationis (defect: this makes possible the evasion of the national countries, it is where the act first became liability won’t contravene our
law) effective public policy
2. Lex nationalii (defect: this may impede commercial transactions) 3. If our judicial machinery is
3. Lex loci solutionis (law of the place of performance) (defect: there may be adequate for such enforcement
several places of performance
4. Prof Minor’s solution:
5. Perfection – lex loci celebrationis
Rules on Crimes 4 Theft & robbery Where the property was unlawfully
taken from the victim (not the place to
FACTUAL SITUATION POINT OF CONTACT which the criminal went after the
Essential elements of a crime and penalties Generally where committed (locus regit commission of the crime)
actum) 5 Estafa or swindling thru false Where the object of the crime was
Theories as to what court has jurisdiction: representation received (not where the false
representations were made)
1. Territoriality theory – where the crime was committed 6 Conspiracy to commit treason, Where the conspiracy was formed (not
2. Nationality theory – country which the criminal is citizen or a subject rebellion, or seditionNOTE: Other where the overt act of treason,
3. Real theory – any state whose penal code has been violated has jurisdiction, conspiracies are NOT penalized by our rebellion or sedition was committed)
where the crime was committed inside or outside its territory laws
4. Protective theory – any state whose national interests may be jeopardized 7 Libel Where published or circulated
has jurisdiction so that it may protect itself 8 Continuing crime Any place where the offense begins,
5. Cosmopolitan or universality theory – state where the criminal is found or exists or continues
which has his custody has jurisdiction 9 Complex crime Any place where any of the essential
6. Passive personality theory – the state of which the victim is a citizen or elements of the crime took place
subject has jurisdiction

NOTE: In the RP, we follow the territoriality theory in general; exception: Article 2,
RPC, stresses the protective theory
The locus delicti of certain crimes
1 Frustrated an consummated, homicide, Where the victim was injured (not
murder, infanticide & parricide where the aggressor wielded his
weapon)
2 Attempted homicide, etc. Where the intended victim was (not
where the aggressor was situated) – so
long as the weapon or the bullet either
touched him or fell inside the territory
where he was
3 Bigamy Where the illegal marriage was
performed
Rules on Juridical Persons
FACTUAL SITUATION
Corporations
Powers and liabilities
3.Formation of the corporation
(requisites); kind of stocks, transfer of
stocks to bind the corporation,
issuance, amount & legality &
dividends, powers & duties of
members, stockholders and officers
Validity of corporate acts & contracts Law of the place of incorporation & law
(including ultra vires acts)
POINT OF CONTACT
General rule: the law of the place of
incorporationEXCEPTIONS:
1. For constitutional purposes –
even of the corporation was
incorporated in the RP, it is nor
deemed a Filipino corporation &
therefore can’t acquire land,
exploit our natural resources, 7
operate public utilities unless
60% of capital if Filipino owned
2. For wartime purposes – we
pierce the corporation veil & go
to the nationality of the
controlling stockholders to
determine if the corporation is
an enemy (CONTROL TEST)
Law of the place of incorporation
of the place of performance (the act or
contract must be authorized by BOTH
laws)
Right to sue & amenability to court Lex fori
processes & suits against it
Manner & effect of dissolution Law of the place of incorporation
provided that the public policy of the
forum is not militated against
Domicile If not fixed by the law creating or
recognizing the corporation or by any
other provision – the domicile is where
it is legal representation is established
or where it exercises its principal
functions (Article. 15)
Receivers (appointment & powers) Principal receiver is appointed by the
courts of the state of incorporation;
ancillary receivers, by the courts of any
state where the corporation has assets
(authority is CO-EXTENSIVE) w/ the
authority of the appointing court
NOTE: Theories on the personal and/or governing law of corporations:
1. Law of the place of incorporation (this is generally the RP rule)
2. Law of the place or center of management (center for administration or
siege social) (center office principle)
3. Law of the place of exploitation (exploitation centre or siege d’ exploitation)
========================== ==========================
Partnerships
The existence or non-existence of legal The personal law of the partnership,
personality of the firm; the capacity to i.e., the law of the place where it was
contract; liability of the firm & the created (Article 15 of the Code of
rd
partners to 3 persons Commerce) (Subject to the exceptions
given above as in the case of corps.)
Creation of branches in the RP; validity RP law (law of the place where
& effect of the branches’ commercial branches were created) (Article 15,
transaction; & the jurisdiction of the Code of Commerce)
court
Dissolution, winding up, & termination RP law (Article 15, Code of Commerce)
of branches in the RP
Domicile If not fixed by the law creating or
recognizing the partnership or by any
other provision – the domicile is where
it is legal representation is established
or where it exercises its principal
functions (Article. 15)
Receivers RP law insofar as the assets in the RP
are concerned can be exercised as such
only in the RP
Foundations (combination of capital Personal law of the foundation (place
independent of individuals, usually not for of principal cente
profit)