Conflict of Laws

Atty. Trixy Comia

I. Preliminary Consideration

a. Definition of Conflict of Laws

That part of the 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 or foreign
laws.

b. Elements of Conflict of Laws

(1)  Conflict of Laws is part of the municipal law of the State; 


(2)  There is a directive to courts and administrative agencies; 

(3)  There is a legal problem involving a foreign element; and 

(4)  There is either an application or non-application of a foreign law 

or foreign laws. 


c. Nature and Functions of Private International Law

Nature of Conflicts Rules: It is a part of the national law of every state.

NOTE: A factual situation that cuts across territorial lines and is affected by
diverse laws of two or more States is said to contain a foreign element.

Functions:

To provide rules in deciding cases 


where either the parties, events or transactions are linked to more than one
state jurisdiction;

To promote stability and uniformity of remedies / solutions regardless of

place of suit. 


d. Sources of Private International Law

1. Direct Sources

2. Indirect Sources

Sources:

1. Civil Codes of different countries

2. Constitution which contains principles on nationality and comity

3. Special statues (E.g. Corporation Code, General Banking Law, etc.)

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 4. Treaties and International conventions

5. Treatises, commentaries and studies of learned jurists

6. Judicial decisions

7. International customs 




e. Public International Law v. Private International Law

Public International Law v. Private International Law

PUBLIC International Law PRIVATE International Law

As to nature or character

1. International in character as it applies in the National, municipal, or local in character

international sphere

As to sources

2. Custom, treaty and general principles of law
recognized by civilized nations and juridical
decisions and teachings of the most highly
qualified publicists
Generally derives from the internal law of each
state; except any conflict of laws question which
is governed by a treaty (e.g. Hague Convention on
the conflicts of law relating to the form of
testamentary dispositions)

As to the applicability

3. Governs rights and obligations of States and Deals with rights and obligations of private
their relationships among themselves individuals and their private transactions which
involve a foreign element

As to persons involved

4. Governs only states and internationally Governs individuals or corporations

recognized organizaitons

As to transactions

5. Recognizes transactions in which sovereign Assumes control over transactions strictly private
States are interested in nature

As to remedies

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 Public International Law v. Private International Law
6. In case of violation of international law, the All remedies are provided by municipal laws of the
state may resort to diplomatic protest, State, such as resort to courts and administrative
negotiation, arbitration, or adjudication by filing tribunals
cases before international tribunals or may even
resort to use of force or go to war

Read:

I. Constitution, Art. IV and V, Sec. 1

ARTICLE IV Citizenship
SECTION 1. 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 whose fathers or 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.

SECTION 2. Natural-born citizens are those who are citizens of the Philippines from birth without
having to perform any act to acquire or perfect their Philippine citizenship. Those who elect
Philippine citizenship in accordance with paragraph (3), Section 1 hereof shall be deemed natural-
born citizens.

SECTION 3. Philippine citizenship may be lost or reacquired in the manner provided by law.

SECTION 4. Citizens of the Philippines who marry aliens shall retain their citizenship, unless by their
act or omission they are deemed, under the law, to have renounced it.

SECTION 5. Dual allegiance of citizens is inimical to the national interest and shall be dealt with by
law.

ARTICLE V Suffrage
SECTION 1. Suffrage may be exercised by all citizens of the Philippines not otherwise disqualified
by law, who are at least eighteen years of age, and who shall have resided in the Philippines for at
least one year and in the place wherein they propose to vote for at least six months immediately
preceding the election. No literacy, property, or other substantive requirement shall be imposed on
the exercise of suffrage.

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 II. Civil Code: Article 14, 15, 16, 17, 815-819, 829, 1039, 1319 and 1753

Article 14. Penal laws and those of public security and safety shall be obligatory upon all who live or
sojourn in the Philippine territory, subject to the principles of public international law and to treaty
stipulations. (8a)

Article 15. 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. (9a)

Article 16. Real property as well as personal property is subject to the law of the country where it is
stipulated.

However, intestate and testamentary successions, both with respect to the order of succession and
to the amount of successional rights and to the intrinsic validity of testamentary provisions, shall be
regulated by the national law of the person whose succession is under consideration, whatever may
be the nature of the property and regardless of the country wherein said property may be found.
(10a)

Article 17. The forms and solemnities of contracts, wills, and other public instruments shall be
governed by the laws of the country in which they are executed.

When the acts referred to are executed before the diplomatic or consular officials of the Republic of
the Philippines in a foreign country, the solemnities established by Philippine laws shall be observed
in their execution.

Prohibitive laws concerning persons, their acts or property, and those which have for their object
public order, public policy and good customs shall not be rendered ineffective by laws or judgments
promulgated, or by determinations or conventions agreed upon in a foreign country. (11a)

SUBSECTION 3. Forms of Wills

Article 815. When a Filipino is in a foreign country, he is authorized to make a will in any of the
forms established by the law of the country in which he may be. Such will may be probated in the
Philippines. (n)

Article 816. The will of an alien who is abroad produces effect in the Philippines if made with the
formalities prescribed by the law of the place in which he resides, or according to the formalities
observed in his country, or in conformity with those which this Code prescribes. (n)

Article 817. A will made in the Philippines by a citizen or subject of another country, which is
executed in accordance with the law of the country of which he is a citizen or subject, and which
might be proved and allowed by the law of his own country, shall have the same effect as if executed
according to the laws of the Philippines. (n)

Article 818. Two or more persons cannot make a will jointly, or in the same instrument, either for
their reciprocal benefit or for the benefit of a third person. (669)

Article 819. Wills, prohibited by the preceding article, executed by Filipinos in a foreign country shall
not be valid in the Philippines, even though authorized by the laws of the country where they may
have been executed. (733a)

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 SUBSECTION 6. Revocation of Wills and Testamentary Dispositions

Article 829. A revocation done outside the Philippines, by a person who does not have his domicile
in this country, is valid when it is done according to the law of the place where the will was made, or
according to the law of the place in which the testator had his domicile at the time; and if the
revocation takes place in this country, when it is in accordance with the provisions of this Code. (n)

SECTION 2 Capacity to Succeed by Will or by Intestacy

Article 1039. Capacity to succeed is governed by the law of the nation of the decedent. (n)

CONTRACTS
SECTION 1 Consent

Article 1319. Consent is manifested by the meeting of the offer and the acceptance upon the thing
and the cause which are to constitute the contract. The offer must be certain and the acceptance
absolute. A qualified acceptance constitutes a counter-offer.

Acceptance made by letter or telegram does not bind the offerer except from the time it came to his
knowledge. The contract, in such a case, is presumed to have been entered into in the place where
the offer was made. (1262a)

Common carriers
SUBSECTION 2. Vigilance Over Goods

Article 1753. The law of the country to which the goods are to be transported shall govern the
liability of the common carrier for their loss, destruction or deterioration.

III. Family Code of the Philippines Art. 10, 21, 26, 35, 36,37, 28, 80, 96, 184 and 187

Art. 10. Marriages between Filipino citizens abroad may be solemnized by a consul-general, consul
or vice-consul of the Republic of the Philippines. The issuance of the marriage license and the duties
of the local civil registrar and of the solemnizing officer with regard to the celebration of marriage
shall be performed by said consular official. (75a)

Art. 21. When either or both of the contracting parties are citizens of a foreign country, it shall be
necessary for them before a marriage license can be obtained, to submit a certificate of legal
capacity to contract marriage, issued by their respective diplomatic or consular officials.

Stateless persons or refugees from other countries shall, in lieu of the certificate of legal capacity
herein required, submit an affidavit stating the circumstances showing such capacity to contract
marriage. (66a)

Art. 26. All marriages solemnized outside the Philippines, in accordance with the laws in force in the
country where they were solemnized, and valid there as such, shall also be valid in this country,
except those prohibited under Articles 35 (1), (4), (5) and (6), 3637 and 38. (17a)

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 Chapter 3. Void and Voidable Marriages

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

(1) Those contracted by any party below eighteen 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;

(3) Those solemnized without license, except those covered the 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.

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. (As amended by Executive Order
227)

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. (81a)

Art. 38. The following marriages shall be void from the beginning for reasons of public policy:

(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. (82)

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 Chapter 2. Marriages Exempted from License Requirement

Art. 28. If the residence of either party is so located that there is no means of transportation to
enable such party to appear personally before the local civil registrar, the marriage may be
solemnized without necessity of a marriage license. (72a)

TITLE IV PROPERTY RELATIONS BETWEEN HUSBAND AND WIFE

CHAPTER 1. GENERAL PROVISIONS

Art. 80. In the absence of a contrary stipulation in a marriage settlement, the property relations of
the spouses shall be governed by Philippine laws, regardless of the place of the celebration of the
marriage and their residence.

This rule shall not apply:

(1) Where both spouses are aliens;

(2) With respect to the extrinsic validity of contracts affecting property not situated in the Philippines
and executed in the country where the property is located; and

(3) With respect to the extrinsic validity of contracts entered into in the Philippines but affecting
property situated in a foreign country whose laws require different formalities for its extrinsic validity.
(124a)

Section 4. Ownership, Administrative, Enjoyment And Disposition Of The Community

Property

Art. 96. The administration and enjoyment of the community property shall belong to both spouses
jointly. In case of disagreement, the husband’s decision shall prevail, subject to recourse to the court
by the wife for proper remedy, which must be availed of within five years from the date of the
contract implementing such decision.

In the event that one spouse is incapacitated or otherwise unable to participate in the administration
of the common properties, the other spouse may assume sole powers of administration. These
powers do not include disposition or encumbrance without authority of the court or the written
consent of the other spouse. In the absence of such authority or consent, the disposition or
encumbrance shall be void. However, the transaction shall be construed as a continuing offer on the
part of the consenting spouse and the third person, and may be perfected as a binding contract upon
the acceptance by the other spouse or authorization by the court before the offer is withdrawn by
either or both offerors. (206a)

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 TITLE VII ADOPTION

Art. 184. The following persons may not adopt:

(1) The guardian with respect to the ward prior to the approval of the final accounts rendered upon
the termination of their guardianship relation;

(2) Any person who has been convicted of a crime involving moral turpitude;

(3) An alien, except:

(a) A former Filipino citizen who seeks to adopt a relative by consanguinity;

(b) One who seeks to adopt the legitimate child of his or her Filipino spouse; or

(c) One who is married to a Filipino citizen and seeks to adopt jointly with his or her spouse
a relative by consanguinity of the latter.

Aliens not included in the foregoing exceptions may adopt Filipino children in accordance with the
rules on inter-country adoptions as may be provided by law. (28a, E. O. 91 and PD 603)

Art. 187. The following may not be adopted:

(1) A person of legal age, unless he or she is a child by nature of the adopter or his or her spouse,
or, prior to the adoption, said person has been consistently considered and treated by the adopter as
his or her own child during minority.

(2) An alien with whose government the Republic of the Philippines has no diplomatic relations; and

(3) A person who has already been adopted unless such adoption has been previously revoked or
rescinded. (30a, E. O. 91 and PD 603)

IV. Revised Penal Code, Art. 2

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;

3. Should be liable for acts connected with the introduction into these islands of the obligations
and securities mentioned in the presiding 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.

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V. Corporation Code, Sec. 123, 129 and 133
OLD
Section 123. Definition and rights of foreign
corporations. – For the purposes of this Code, a
foreign corporation is one formed, organized or
existing under any laws other than those of the
Philippines and whose laws allow Filipino citizens
and corporations to do business in its own country
or state. It shall have the right to transact business
in the Philippines after it shall have obtained a
license to transact business in this country in
accordance with this Code and a certificate of
authority from the appropriate government agency.
(n)
Section 129. Law applicable. – Any foreign
corporation lawfully doing business in the
Philippines shall be bound by all laws, rules and
regulations applicable to domestic corporations of
the same class, except such only as provide for
the creation, formation, organization or dissolution
of corporations or those which fix the relations,
liabilities, responsibilities, or duties of
stockholders, members, or officers of corporations
to each other or to the corporation. (73a)
Section 133. Doing business without a license.
– No foreign corporation transacting business in
the Philippines without a license, or its successors
or assigns, shall be permitted to maintain or
intervene in any action, suit or proceeding in any
court or administrative agency of the Philippines;
but such corporation may be sued or proceeded
against before Philippine courts or administrative
tribunals on any valid cause of action recognized
under Philippine laws. (69a)
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NEW
SEC. 140. Definition and Rights of Foreign
Corporations. – For purposes of this Code, a
foreign corporation is one formed, organized or
existing under laws other than those of the
Philippines’ and whose laws allow Filipino citizens
and corporations to do business in its own country
or State. It shall have the right to transact
business in the Philippines after obtaining a
license for that purpose in accordance with this
Code and a certificate of authority from the
appropriate government agency.
SEC. 146. Law Applicable. – A foreign
corporation lawfully doing business in the
Philippines shall be bound by all laws, rules and
regulations applicable to domestic corporations of
the same class, except those which provide for the
creation, formation, organization or dissolution of
corporations or those which fix the relations,
liabilities, responsibilities, or duties of
stockholders, members, or officers of corporations
to each other or to the corporation.
SEC. 150. Doing Business Without a License. –
No foreign corporation transacting business in the
Philippines without a license, or its successors or
assigns, shall be permitted to maintain or
intervene in any action, suit or proceeding in any
court or administrative agency of the Philippines;
but such corporation may be sued or proceeded
against before Philippine courts or administrative
tribunals on any valid cause of action recognized
under Philippine laws.
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VI. Rules of Court, Rule 4 Sec2; Rule 8, Sec 6; Rule 11, Sec 2, Rule 14, Sec. 12-16,
Rule 23, Sec 11-12, Rule 39, Sec. 48; Rule 73, Sec 1; Rule 77, Sec. 1; Rule 92, Sec 1;
Rule 131, Sec 3 (n); Rule 132, Sec 19(a), 24 and 25.

Rule 4 Sec2;

RULE 4 Venue of Actions

Section 2. Venue of personal actions. — All other actions may be commenced and tried
where the plaintiff or any of the principal plaintiffs resides, or where the defendant or any of the
principal defendants resides, or in the case of a non-resident defendant where he may be
found, at the election of the plaintiff. (2[b]a)

Rule 8, Sec 6;

RULE 8 Manner of Making Allegations in Pleadings

Section 6. Judgment. — In pleading a judgment Section 6.Judgment. — In pleading a judgment

or decision of a domestic or foreign court, judicial or decision of a domestic or foreigncourt, judicial
or quasi-judicial tribunal, or of a board or officer, or quasi-judicial tribunal, or of a board or officer,
it is sufficient to aver the judgment or decision it is sufficient to aver the judgment or decision
without setting forth matter showing jurisdiction without setting forth matter showing jurisdiction to
to render it. (6) render it. An authenticated copy of the judgment
or decision shall be attached to the pleading. (6a)

Rule 11, Sec 2;

RULE 11 When to File Responsive Pleadings

Section 2. Answer of a defendant foreign Section 2. Answer of a defendant

private juridical entity. — Where the foreign private juridical entity. — Where
defendant is a foreign private juridical entity the defendant is a foreign private juridical
and service of summons is made on the entity and service of summons is made on the
government official designated by law to government official designated by law to
receive the same, the answer shall be filed receive the same, the answer shall be filed
within thirty (30) days after receipt of within sixty (60) calendar days after receipt of
summons by such entity. (2a) summons by such entity. (2a)

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 Rule 14, Sec. 12-16,
RULE 14 Summons
Section 12. Service upon foreign private
juridical entities. — When the defendant is
a foreign private juridical entity which has
transacted business in the Philippines,
service may be made on its resident agent
designated in accordance with law for that
purpose, or, if there be no such agent, on
the government official designated by law to
that effect, or on any of its officers or agents
within the Philippines. (14a)
Section 13. Service upon public
corporations. — When the defendant is
the Republic of the Philippines, service may
be effected on the Solicitor General; in case
of a province, city or municipality, or like
public corporations, service may be effected
on its executive head, or on such other
officer or officers as the law or the court
may direct. (15)
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Section 14. Service upon foreign private
juridical entities. — When the defendant is
a foreign private juridical entity which has
transacted or is doing business in the
Philippines, as defined by law, service may
be made on its resident agent designated in
accordance with law for that purpose, or, if
there be no such agent, on the government
official designated by law to that effect, or
on any of its officers, agents, directors or
trustees within the Philippines.
If the foreign private juridical entity is not
registered in the Philippines, or has no
resident agent but has transacted or is
doing business in it, as defined by law, such
service may, with leave of court, be effected
outside of the Philippines through any of the
following means:
(a)By personal service coursed through the
appropriate court in the foreign country with
the assistance of the department of foreign
affairs;
(b)By publication once in a newspaper of
general circulation in the country where the
defendant may be found and by serving a
copy of the summons and the court order by
registered mail at the last known address of
the defendant;
(c)By facsimile;
(d)By electronic means with the prescribed
proof of service; or
(e)By such other means as the court, in its
discretion, may direct. (12a)
Section 15.Service upon public
corporations. — When the defendant is
the Republic of the Philippines, service may
be effected on the Solicitor General; in case
of a province, city or municipality, or like
public corporations, service may be effected
on its executive head, or on such other
officer or officers as the law or the court
may direct. (13a)
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 Section 14. Service upon defendant
whose identity or whereabouts are
unknown. — In any action where the
defendant is designated as an unknown
owner, or the like, or whenever his
whereabouts are unknown and cannot be
ascertained by diligent inquiry, service may,
by leave of court, be effected upon him by
publication in a newspaper of general
circulation and in such places and for such
time as the court may order. (16a)
Section 15. Extraterritorial service. —
When the defendant does not reside and is
not found in the Philippines, and the action
affects the personal status of the plaintiff or
relates to, or the subject of which is,
property within the Philippines, in which the
defendant has or claims a lien or interest,
actual or contingent, or in which the relief
demanded consists, wholly or in part, in
excluding the defendant from any interest
therein, or the property of the defendant has
been attached within the Philippines,
service may, by leave of court, be effected
out of the Philippines by personal service as
under section 6; or by publication in a
newspaper of general circulation in such
places and for such time as the court may
order, in which case a copy of the summons
and order of the court shall be sent by
registered mail to the last known address of
the defendant, or in any other manner the
court may deem sufficient. Any order
granting such leave shall specify a
reasonable time, which shall not be less
than sixty (60) days after notice, within
which the defendant must answer. (17a)
Section 16. Residents temporarily out of
the Philippines. — When any action is
commenced against a defendant who
ordinarily resides within the Philippines, but
who is temporarily out of it, service may, by
leave of court, be also effected out of the
Philippines, as under the preceding section.
(18a)
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Section 16. Service upon defendant
whose identity or whereabouts are
unknown. — In any action where the
defendant is designated as an unknown
owner, or the like, or whenever his or her
whereabouts are unknown and cannot be
ascertained by diligent inquiry, within ninety
(90) calendar days from the
commencement of the action, service
may, by leave of court, be effected
upon him or her by publication in a
newspaper of general circulation and in
such places and for such time as the court
may order.
Section 17. Extraterritorial service. —
When the defendant does not reside and is
not found in the Philippines, and the action
affects the personal status of the plaintiff or
relates to, or the subject of which is,
property within the Philippines, in which the
defendant has or claims a lien or interest,
actual or contingent, or in which the relief
demanded consists, wholly or in part, in
excluding the defendant from any interest
therein, or the property of the defendant has
been attached within the Philippines,
service may, by leave of court, be effected
out of the Philippines by personal service as
under Section 6; or as provided for in
international conventions to which the
Philippines is a party; or by publication in a
newspaper of general circulation in such
places and for such time as the court may
order, in which case a copy of the summons
and order of the court shall be sent by
registered mail to the last known address of
the defendant, or in any other manner the
court may deem sufficient. Any order
granting such leave shall specify a
reasonable time, which shall not be less
than sixty (60) calendar days after notice,
within which the defendant must answer.
(15a)
Section 18. Residents temporarily out
of the Philippines. — When any action is
commenced against a defendant who
ordinarily resides within the Philippines, but
who is temporarily out of it, service may, by
leave of court, be also effected out of the
Philippines, as under the preceding Section
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 Rule 23, Sec 11-12
RULE 23 Depositions Pending Action
Section 11. Persons before whom depositions may be taken in foreign
countries. — In a foreign state or country, depositions may be taken (a) on notice
before a secretary of embassy or legation, consul general, consul, vice-consul, or
consular agent of the Republic of the Philippines, (b) before such person or officer
as may be appointed by commission or under letters rogatory; or (c) the person
referred to in section 14 hereof. (11a, R24)

Section 12. Commission or letters rogatory. — A commission or letters rogatory

shall be issued only when necessary or convenient, on application and notice, and
on such terms, and with such direction as are just and appropriate. Officers may be
designated in notices or commissions either by name or descriptive title and letters
rogatory may be addressed to the appropriate judicial authority in the foreign
country. (12a, R24)

Rule 39, Sec. 48;

RULE 39 Execution, Satisfaction and Effect of Judgments
Section 48. Effect of foreign judgments or final orders. — The effect of a
judgment or final order of a tribunal of a foreign country, having jurisdiction to render
the judgment or final order is as follows:

(a) In case of a judgment or final order upon a specific thing, the judgment or final
order, is conclusive upon the title to the thing, and

(b) In case of a judgment or final order against a person, the judgment or final order
is presumptive evidence of a right as between the parties and their successors in
interest by a subsequent title.

In either case, the judgment or final order may be repelled by evidence of a want of
jurisdiction, want of notice to the party, collusion, fraud, or clear mistake of law or
fact. (50a)

PART II — SPECIAL PROCEEDINGS

Settlement Of Estate Of Deceased Persons

Rule 73, Sec 1;

RULE 73 Venue and Process

Section 1. Where estate of deceased persons settled. — If the decedents is an

inhabitant of the Philippines at the time of his death, whether a citizen or an alien, his will
shall be proved, or letters of administration granted, and his estate settled, in the Court of
First Instance in the province in which he resides at the time of his death, and if he is an
inhabitant of a foreign country, the Court of First Instance of any province in which he had
estate. The court first taking cognizance of the settlement of the estate of a decedent, shall
exercise jurisdiction to the exclusion of all other courts. The jurisdiction assumed by a
court, so far as it depends on the place of residence of the decedent, or of the location of
his estate, shall not be contested in a suit or proceeding, except in an appeal from that
court, in the original case, or when the want of jurisdiction appears on the record.

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 Rule 77, Sec. 1;
RULE 77 Allowance of Will Proved Outside of Philippines and Administration of Estate
Thereunder
Section 1. Will proved outside Philippines may be allowed here. — Wills proved and
allowed in a foreign country, according to the laws of such country, may be allowed, filed, and
recorded by the proper Court of First Instance in the Philippines.

General Guardians and Guardianship

Rule 92, Sec 1;

RULE 92 Venue
Section 1. Where to institute proceedings. — Guardianship of a person or estate of a minor
or incompetent may be instituted in the Court of First Instance of the province, or in the justice
of the peace court of the municipality, or in the municipal court chartered city where the minor
or incompetent persons resides, and if he resides in a foreign country, in the Court of First
Instance of the province wherein his property or the party thereof is situated; provided,
however, that where the value of the property of such minor or incompetent exceeds that
jurisdiction of the justice of the peace or municipal court, the proceedings shall be instituted in
the Court of First Instance.

In the City of Manila the proceedings shall be instituted in the Juvenile and Domestic
Relations Court.

EVIDENCE
Rule 131, Sec 3 (n); PROPOSED changes 2020 : him or her

RULE 131 Burden of Proof and Presumption

Section 3. Disputable presumptions. — The following presumptions are satisfactory if
uncontradicted, but may be contradicted and overcome by other evidence:

(a) That a person is innocent of crime or wrong;

(b) That an unlawful act was done with an unlawful intent;

(c) That a person intends the ordinary consequences of his voluntary act;

(d) That a person takes ordinary care of his concerns;

(e) That evidence willfully suppressed would be adverse if produced;

(f) That money paid by one to another was due to the latter;

(g) That a thing delivered by one to another belonged to the latter;

(h) That an obligation delivered up to the debtor has been paid;

(i) That prior rents or installments had been paid when a receipt for the later one is produced;

(j) That a person found in possession of a thing taken in the doing of a recent wrongful act is
the taker and the doer of the whole act; otherwise, that things which a person possess, or
exercises acts of ownership over, are owned by him;

(k) That a person in possession of an order on himself for the payment of the money, or the
delivery of anything, has paid the money or delivered the thing accordingly;

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 (l) That a person acting in a public office was regularly appointed or elected to it;

(m) That official duty has been regularly performed;

(n) That a court, or judge acting as such, whether in the Philippines or elsewhere, was acting
in the lawful exercise of jurisdiction;

(o) That all the matters within an issue raised in a case were laid before the court and passed
upon by it; and in like manner that all matters within an issue raised in a dispute submitted for
arbitration were laid before the arbitrators and passed upon by them;

(p) That private transactions have been fair and regular;

(q) That the ordinary course of business has been followed;

(r) That there was a sufficient consideration for a contract;

(s) That a negotiable instrument was given or indorsed for a sufficient consideration;

(t) That an endorsement of negotiable instrument was made before the instrument was
overdue and at the place where the instrument is dated;

(u) That a writing is truly dated;

(v) That a letter duly directed and mailed was received in the regular course of the mail;

(w) That after an absence of seven years, it being unknown whether or not the absentee still
lives, he is considered dead for all purposes, except for those of succession.

The absentee shall not be considered dead for the purpose of opening his succession till after
an absence of ten years. If he disappeared after the age of seventy-five years, an absence of
five years shall be sufficient in order that his succession may be opened.

The following shall be considered dead for all purposes including the division of the estate
among the heirs:

(1) A person on board a vessel lost during a sea voyage, or an aircraft with is missing, who
has not been heard of for four years since the loss of the vessel or aircraft;

(2) A member of the armed forces who has taken part in armed hostilities, and has been
missing for four years;

(3) A person who has been in danger of death under other circumstances and whose
existence has not been known for four years;

(4) If a married person has been absent for four consecutive years, the spouse present may
contract a subsequent marriage if he or she has well-founded belief that the absent spouse is
already death. In case of disappearance, where there is a danger of death the circumstances
hereinabove provided, an absence of only two years shall be sufficient for the purpose of
contracting a subsequent marriage. However, in any case, before marrying again, the spouse
present must institute a summary proceedings as provided in the Family Code and in the rules
for declaration of presumptive death of the absentee, without prejudice to the effect of
reappearance of the absent spouse.

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 (x) That acquiescence resulted from a belief that the thing acquiesced in was conformable to
the law or fact;

(y) That things have happened according to the ordinary course of nature and ordinary nature
habits of life;

(z) That persons acting as copartners have entered into a contract of copartneship;

(aa) That a man and woman deporting themselves as husband and wife have entered into a
lawful contract of marriage;

(bb) That property acquired by a man and a woman who are capacitated to marry each other
and who live exclusively with each other as husband and wife without the benefit of marriage
or under void marriage, has been obtained by their joint efforts, work or industry.

(cc) That in cases of cohabitation by a man and a woman who are not capacitated to marry
each other and who have acquire properly through their actual joint contribution of money,
property or industry, such contributions and their corresponding shares including joint deposits
of money and evidences of credit are equal.

(dd) That if the marriage is terminated and the mother contracted another marriage within
three hundred days after such termination of the former marriage, these rules shall govern in
the absence of proof to the contrary:

(1) A child born before one hundred eighty days after the solemnization of the subsequent
marriage is considered to have been conceived during such marriage, even though it be born
within the three hundred days after the termination of the former marriage.

(2) A child born after one hundred eighty days following the celebration of the subsequent
marriage is considered to have been conceived during such marriage, even though it be born
within the three hundred days after the termination of the former marriage.

(ee) That a thing once proved to exist continues as long as is usual with things of the nature;

(ff) That the law has been obeyed;

(gg) That a printed or published book, purporting to be printed or published by public authority,
was so printed or published;

(hh) That a printed or published book, purporting contain reports of cases adjudged in
tribunals of the country where the book is published, contains correct reports of such cases;

(ii) That a trustee or other person whose duty it was to convey real property to a particular
person has actually conveyed it to him when such presumption is necessary to perfect the title
of such person or his successor in interest;

(jj) That except for purposes of succession, when two persons perish in the same calamity,
such as wreck, battle, or conflagration, and it is not shown who died first, and there are no
particular circumstances from which it can be inferred, the survivorship is determined from the
probabilities resulting from the strength and the age of the sexes, according to the following
rules:

1. If both were under the age of fifteen years, the older is deemed to have survived;

2. If both were above the age sixty, the younger is deemed to have survived;

3. If one is under fifteen and the other above sixty, the former is deemed to have survived;

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 4. If both be over fifteen and under sixty, and the sex be different, the male is deemed to have
survived, if the sex be the same, the older;

5. If one be under fifteen or over sixty, and the other between those ages, the latter is deemed
to have survived.

(kk) That if there is a doubt, as between two or more persons who are called to succeed each
other, as to which of them died first, whoever alleges the death of one prior to the other, shall
prove the same; in the absence of proof, they shall be considered to have died at the same
time. (5a)

Rule 132, Sec 19(a), 24 and 25.

RULE 132 Presentation of Evidence

B. AUTHENTICATION AND PROOF OF DOCUMENTS

Old Proposed
Section 19. Classes of Documents. — For Section 19. Classes of Documents. — For
the purpose of their presentation evidence, the purpose of their presentation evidence,
documents are either public or private. documents are either public or private.

Public documents are: Public documents are:

(a) The written official acts, or records of
the official acts of the sovereign authority,
official bodies and tribunals, and public
officers, whether of the Philippines, or of a
foreign country;
(a) The written official acts, or records of
the official acts of the sovereign authority,
official bodies and tribunals, and public
officers, whether of the Philippines, or of a
foreign country;

(b) Documents acknowledge before a notary (b) Documents acknowledge before a notary
public except last wills and testaments; and public except last wills and testaments;

(c) Public records, kept in the Philippines, of (c) Documents that are considered public
private documents required by law to the documents under treaties and conventions
entered therein. which are in force between the Philippines
and the country of source; and
All other writings are private. (20a)
(d) Public records, kept in the Philippines, of
private documents required by law to the
entered therein.

All other writings are private. (20a)

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 Section 24. Proof of official record. — The Section 24. Proof of official record. — The
record of public documents referred to in record of public documents referred to in
paragraph (a) of Section 19, when admissible paragraph (a) of Section 19, when admissible
for any purpose, may be evidenced by an for any purpose, may be evidenced by an
official publication thereof or by a copy official publication thereof or by a copy
attested by the officer having the legal attested by the officer having the legal
custody of the record, or by his deputy, and custody of the record, or by his or her deputy,
accompanied, if the record is not kept in the and accompanied, if the record is not kept in
Philippines, with a certificate that such officer the Philippines, with a certificate that such
has the custody. If the office in which the officer has the custody.
record is kept is in foreign country, the If the office in which the record is kept is
certificate may be made by a secretary of the in a foreign country, which is a contracting
embassy or legation, consul general, consul, party to a treaty or convention to which the
vice consul, or consular agent or by any Philippines is also a party, or considered a
officer in the foreign service of the Philippines public document under such treaty or
stationed in the foreign country in which the convention pursuant to paragraph (c) of
record is kept, and authenticated by the seal Section 19 hereof, the certificate or its
of his office. (25a) equivalent shall be in the form prescribed by
such treaty or convention subject to
reciprocity granted to public documents
originating from the Philippines.
For documents originating from a foreign
country which is not a contracting party to a
treaty or convention referred to in the next
preceding sentence, the certificate may be
made by a secretary of the embassy or
legation, consul general, consul, vice-consul,
or consular agent or by any officer in the
foreign service of the Philippines stationed in
the foreign country in which the record is
kept, and authenticated by the seal of his or
her office.
A document that is accompanied by a
certificate or its equivalent may be presented
in evidence without further proof, the
certificate or its equivalent being prima facie
evidence of the due execution and
genuineness of the document involved. The
certificate shall not be required when a treaty
or convention between a foreign country and
the Philippines has abolished the
requirement, or has exempted the document
itself from this formality. (24a)
Section 25. What attestation of copy must state. — Whenever a copy of a document or
record is attested for the purpose of evidence, the attestation must state, in substance, that
the copy is a correct copy of the original, or a specific part thereof, as the case may be. The
attestation must be under the official seal of the attesting officer, if there be any, or if he or
she be the clerk of a court having a seal, under the seal of such court. (26a)

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II. History of Private International Law

III. Jurisdiction

In the study of conflicts of law, jurisdiction may mean either judicial jurisdiction
or legislative jurisdiction.

Judicial jurisdiction - is the power or authority of a court to try a case , render

judgment and execute it in accordance with law.

Legislative jurisdiction - ability of the State to promulgate laws and enforce

them on all persons and property within its territory.

In analysing a conflict of laws problem, 4 major questions should be considered:

Has the court jurisdiction over the person of the defendant or over his
property?

Has the court jurisdiction over the subject matter, usually referred to as
“competency”?

Has the suit been brought in the proper venue in cases where a foreign
element is involved?

Is there a stature or doctrine under which a court otherwise qualified to try the
case may or may not refuse to entertain it?

JURISDICTION OVER THE PERSON - Acquired by the voluntary appearance of a party

and his submission to authority or by service of summons.

1. Jurisdiction over the person of the plaintiff is acquired from the moment he invokes the
aid of the court and voluntarily submits himself by institution of the suit through proper
pleadings.

2. Jurisdiction over the person of the defendant is acquired through:

• voluntary appearance or

• personal or substituted service of summons (section 6 and 7 Rule 14 of the

Revised Rules of Court) 


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 JURISDICTION OVER PROPERTY - Results either from the seizure of property under a
legal process or from the institution of legal proceedings wherein the court’s power over the
property is recognized and made effective.

• his kind of jurisdiction is referred to as in rem jurisdiction in contrast to in personam

T
jurisdiction

• nother form of jurisdiction is quasi in rem which affects only the interests of particular
A
persons in the thing. 


• NOTE: Summons by publication is authorized in three cases:

1. If the action is in rem, or

2. quasi in rem, or

3. i nvolves the personal status of 


the plaintiff 


• here the suit is in personam, jurisdiction over the defendant must be acquired by
W
voluntary appearance or by personal/substituted service of summons. However, service
by publication may be allowed in accordance with Sec 14, Rule 14 of Revised Rules of
Court (defendant whose identity or whereabouts are unknown).

Minimum Contacts Test and Fundamental Fairness Test


Due process requires only that in order to subject a defendant to a judgment in personam, if
he is not present within the territory of the forum he should have certain minimum contacts
with it such that the maintenance of the suit does not offend traditional notions of fair play
and substantial justice.

In both in rem and quasi-in rem, all that due process requires is that defendant be given
adequate notice and opportunity to be heard which are met by service of summons by
publication.

Long-arm Statutes

Statutes which specify the kinds of contacts upon which jurisdiction will be asserted over a
defendant outside of state territory.

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 JURISDICTION OVER THE SUBJECT MATTER -The test of jurisdiction is whether or not
the law vests upon the tribunal the power to enter upon the inquiry.

Ways of Disposing of Conflicts Cases:

1. Dismiss the case, either because of lack of jurisdiction or refusal to assume

jurisdiction pursuant to the doctrine of forum non conveniens; or

2. Assume jurisdiction over the case and apply the law of the forum; or

3. Assume jurisdiction over the case and apply foreign law.

Theory of Comity – the application of foreign legal systems in cases involving foreign
element is proper because their non-application would constitute a disregard of foreign
sovereignties, a lack of comity towards foreign states.

Principle of forum non conveniens- A court may resist imposition upon its jurisdiction
even when jurisdiction is authorized by law. The reason given for refusal to assume
jurisdiction is that to do so would prove inconvenient for the forum.

In sustaining a plea of forum of non conveniens, public and private interests

should be weighed:

1. Private Interest of the litigant

a) Ease of access to source of proof

b) Availability of compulsory process for attendance of unwilling witnesses

c) Cost of obtaining and attendance of willing witnesses

d) Possibility of viewing the premises if appropriate

e) Other practical problems that make trial of the case easy, expeditious and
inexpensive 


2. Public Interest

a) Administrative difficulties encountered when courts’ dockets are clogged

b) Appropriateness of having the trial in a court familiar with the applicable state law. 


GENERAL RULE: No rule of Private International Law would be violated if the courts should
decide to dispose of all cases, whether domestic or conflicts cases, according to the
internal law of the forum

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 EXCEPTION: Where a foreign, sovereign, diplomatic official, or public vessel or property of
another State is involved, or where a State has, by treaty, accepted limitations upon its
jurisdiction over certain persons or things.

Instances Justifying the Application of Internal Law to Conflicts Cases:

1. Where application of internal law is decreed;

2. Where there is failure to plead and prove foreign law;

3. Where a case involves any of the exceptions to the application of foreign law:

a) When the enforcement of the foreign law would run counter to an important public
policy of the forum;

b) Where the application of the foreign law would infringe good morality;

c) Where the foreign law is penal in nature;

d) Where the foreign law is procedural in nature;

e) When the question involves immovable property of the forum;

f) Where the foreign law is fiscal or administrative in nature;

g) Where the application of foreign law would involve injustice or injury to the citizens
or residents of the forum; and

h) Where the application of foreign law would endanger the vital interests of the State.

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IV. CHOICE OF LAW AND CHARACTERIZATION APPROACHES TO CHOICE OF LAW

TRADITIONAL APPROACH- theories which have traditionally concentra-ted on one

element of a situation in order to connect a case to a particular legal community

Vested-Rights Theory- Rights acquired in one country must be recognized and

legally protected in other countries. The forum will not apply before a law but will
simply recognize the right vested by said law.

Local Law Theory- In conflict problems, the court does not enforce a foreign law
but a right created by its own law by treating a case as a purely domestic case that
does not involve a foreign element.

Cavers' Principles of Preference- Choice of law should be determined by

considerations of justice and social expediency and should not be the result of
mechanical application of the rule or principle of selection.

MODERN APPROACH- approach where all the important factors of the case both
territorial and non-territorial, are analyzed and the applicable law is arrived at by “rationally
elaborating and applying the policies and purposes underlying the particular legal rules that
come in question as well as the needs of the interstate or international intercourse.”

Place of the Most Significant Relationship- Adopts an approach which identifies a

plura-lity of factors that must be considered in the light of choice of law principles.

Center of Gravity/Grouping of Contracts -

Interest Analysis- Urges the resolution of conflict problems by looking at the policy
behind the laws of the involved states and the interests each state had in applying
its own law.

Comparative Impairment - Calls for subordination of the state objective which would
be least impaired. 


Functional Analysis- Looks into the general policies of the states (beyond those
reflected in its substantive laws) and to policies or values relating to effective and
harmonious intercourse between states.

Convenient Theory (forum conviniens)- the application of a foreign law in such a

convenient forum, which implies a susbstantial connection with a given conflict
problem “must be analytically understood as an exception from the basic rule calling
for the application of the lex fori”.

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 Choice-Influencing Considerations- Courts will prefer rules of law, whether they are
forum law or another state’s law as long as they make “good socioeconomic sense
for the time the court speaks” and are sound in view of present day conditions. 

These are five major choice- influencing considerations which would lead the courts
to the choice-of-law decisions in a given case:
a) predictability of results;

b) maintenance of interstate and international order;

c) simplification of judicial task;

d) application of better rule law; and

e) advancement of forums interests.




V. THE PROBLEM OF CHARACTERIZATION

A. Characterization and the Single Method

CHARACTERIZATION - The process by which a court at the beginning of the choice of law
process assigns a disputed question to the proper area in substantive law.

Three stages in Characterization:

1. The problem of classification

2. The characterization of the “point of contact” or the “connecting factor”

3. The extent of the application of the law that is chosen as applicable to the conflicts
case.


2 Types of Characterization:

1. Subject Matter Characterization – calls for the classification of a factual situation into a
legal category.

2. Substance-Procedure Dichotomy – directs to what extent the court will apply foreign
law.

NOTE: If issue is substantive, apply foreign law, but if procedural, forum law.

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Statute of Frauds

Substantive - if the words of the law relate to forbidding the obligation.

Procedural - if the law forbids the enforcement of the obligation.

Statute of Limitations and Borrowing Statutes


Statute of limitations

a. Substantive - when the limitation was directed to the newly created liability
specifically to warrant a qualification of the right (specificity test).

b. Procedural - if it operates to bar only the legal remedy without impairing the
substantive right involved.

Borrowing statute - directs the state of the forum to apply the foreign statute of limitations to
the pending claims based on a foreign law

NOTE: the characterization of a statute of limitation into procedural or substantive becomes

irrelevant when the country of the forum has a borrowing statute. It has the practical effect of
treating the foreign statute of limitation as one of substance.

B. Depacage

Allows the other relevant interests of the parties to be addressed; permits the courts to
arrive at a functionally sound result without rejecting the methodology of the traditional
approach.

The phenomenon where the different aspects of the case involving a foreign element may
be governed by different systems of law.

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