I.

Define
1. Forum non conveniens
Forum non conveniens is a discretionary power that allows courts to dismiss a case where another court, or
forum, is much better suited to hear the case. This dismissal does not prevent a plaintiff from refiling his or
her case in the more appropriate forum.
Under the rule of forum non conveniens, a Philippine court or agency may assume jurisdiction over the case
if it chooses to do so provided:
(1) that the Philippine court is one to which the parties may conveniently resort to;
(2) that the Philippine court is in a position to make an intelligent decision as to the law and the facts;
and
(3) that the Philippine court has or is likely to have power to enforce its decision.
2. Lex Loci Celebrationis – relates to the law of the place of the ceremony or law of the place where the contract is
made – Art 17
3. 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
Refers to the law of the place where a contract is executed or to be performed. It controls the nature,
construction, and validity of the contract and it may pertain to the law voluntarily agreed upon by the parties or
the law intended by them either expressly or implicitly.
4. Jurisdiction – Power or authority given by the law to a court or tribunal to hear and determine certain
controversies. Power of courts to hear and determine a controversy involving rights which are demandable
and enforceable
5. Foreign Element – foreign persons or foreign or transactions that have been entered in a foreign country or with
respect of foreign system of law
Consists of the following as subject matter:
a. nationality or citizenship
b. personal status
c. property

Points of contacts include:

a. place of contracting
b. place of negotiation of contract
c. place of performance
d. location of subject matter of the contract
e. domicile, residence, place of incorporation, nationality and place of business of parties.
f. If the place of negotiating the contract and the place of performance are in the same state, the local law of
this state shall apply.
6. State of the Most Significant Relationship Rule – Under the state of the most significant relationship rule, to
ascertain what state law to apply to a dispute, the court should determine which state has the most substantial
connection to the occurrence and the parties. In a case involving a contract, the court should consider where the
contract was made, was negotiated, was to be performed, and the domicile, place of business, or place of
incorporation of the parties. This rule takes into account several contacts and evaluates them according to their
relative importance with respect to the particular issue to be resolved.
7. 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.”
Renvoi takes place when the conflicts rule of the forum makes a reference to a foreign law, but the foreign law is
found to contain a conflict rule that returns or refers the matter back to the law of the forum (Remission).
A jural matter is presented which the conflict-of-laws rule of the forum refers to a foreign law, the conflict-of-
laws rule of which, in turn, refers the matter back again to the law of the forum. This is renvoi in the narrower
sense.
 8. Extraterritoriality – penal laws of the country have force and effect only within its territory. It cannot penalize
crimes committed outside the same
General rule: Philippine laws have no extraterritorial effects in another country.
Reason: One sovereign country is independent of another.
- Exceptions:
• When our law provides respect to other countries with respect to its citizens and nationals
• When our country enters into a treaty with another country.
• Congressional legislations adopting foreign law to municipal law of the land.
- Extraterritorial application of a foreign law allowed when the country gives consent (implied or expressed).
Exception: When the foreign law is against public policy and order.

Extraterritoriality vs Exterritoriality
Extraterritoriality: brought about be treaty
Exterritoriality: brought about by international
Agreement

Exterritoriality
right to be exempted from the local jurisdiction granted to citizen or subjects of another state by operation of
the International Law
Extraterritoriality embraced the following immunities and privileges of diplomats and members of the suite:
1. Exemption from criminal and civil jurisdiction
2. Immunity of domicile and diplomatic premises from local jursdiction

Extraterritoriality
penal laws of the country have force and effect only within its territory. It cannot penalize crimes committed
outside the same
If crime was done outside the Philippines, the Philippine law will not have jurisdiction over the crime

9. Choice of 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)
10. Lex Rei Sitei – 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

T or F

1. False. IPAMS vs Arriola

2. False. IPAMS vs Arriola
3. True. Manila Prince Case
4. True, as an exception to the general rule.
5. True. RA 9225 Section 3. Retention of Philippine Citizenship - Any provision of law to the contrary
notwithstanding, natural-born citizenship by reason of their naturalization as citizens of a foreign country are
hereby deemed to have re-acquired Philippine citizenship upon taking the following oath of allegiance to the
Republic: xxxx
Natural born citizens of the Philippines who, after the effectivity of this Act, become citizens of a foreign country
shall retain their Philippine citizenship upon taking the aforesaid oath.

Enumeration
1. 3 Phases in the resolution of conflicts of Law problems

2. 3 Ways to deal
 a. Court may deny due to the following grounds: lack of jurisdiction or invoke FORUM NON CONVENIENCE
(it is more convenient to try a case in a different forum).
b. Hear the case and apply the local law. (exercise of state’s sovereign prerogatives)
c. Hear the case and apply special rules to promote international system to do justice to the parties. (hear
the case and apply foreign law).
3. The following are citizens of the Philippines:
1) Those who are citizens of the Philippines at the time of the adoption of this Constitution;
2) Those who fathers and mothers are citizens of the Philippines
3) Those born before January 17, 1973, of Filipino mothers, who elect Philippine citizenship upon reaching the
age of majority; and
4) Those who are naturalized in accordance with law.