PHILIPPINE

RULE ON
FOREIGN
TORTS
1. Theory of Vested Rights

2. English Rule

3. Lex Loci Delicti

THEORY • Place of wrong looks to the place where the last event
necessary to make an actor liable for an alleged tort

OF occurs.
• Negligence or omission is not in itself actionable unless

VESTED it results in injury to another.

• Hence the concept of lex loci delicti commissi.
RIGHTS
• The victim may decide to file the case in the
Philippines.
• The court may give due course that the defendant can
be served with summons in the Philippines.
 • The traditional “vested rights” doctrine is based on the
notion that a state has the power to prescribe the rules
of conduct for transactions or occurrences that takes
place on its own territory.
• Once the last event of the transaction or occurrence
takes place on the territory of that state, the parties to
it acquire “vested right” under the law of that
jurisdiction.

Reference:
https://civilprocedure.uslegal.com/choice-of-law/approaches-to-choice-of-law/vested-
rights-doctrine/
English • The tort committed abroad is actionable in
the country where it was committed and also
Rule under Philippine law.
• Philippine law on torts will be applied
wherever the suit is brought.
Lex Loci • The law of the place where the crime was committed is
the controlling law.

Delicti • Since it determines the specific law by which the

criminal is to be penalized and at the same time
designates the state that has the jurisdiction to punish
him.
• Under the territorial principle, crimes committed
within the Philippines by all persons, whether Filipino
citizens or aliens, are prosecuted and penalized under
Philippine law.
• Criminal laws of a state are effective only upon persons
who actually commit the crime within the state’s
territory.
Exceptions to the territorial rule
recognized in the Philippines
1. Crimes LIANG VS PEOPLE OF THE PHILIPPINES

committed by
state officials, • The courts cannot blindly adhere and take on its face
the communication from the DFA that petitioner is
diplomatic covered under any immunity.

representatives • Section 45 of the Agreement provides that:

and officials of – “Officers and staff of the Bank including for the purpose
of this Article experts and consultants performing
recognized missions for the Bank shall enjoy the following privileges

international and immunities:

organizations.
– A. … immunity from legal process with respect to acts
performed by them in their official capacity except when
the Bank waives the immunity.”
2. Crimes • English Rule

committed on – Such crimes are triable in that country, unless they

merely affect things within the vessel or they refer to the
board a foreign internal management thereof.

vessel even if it is
within the US vs. Fowler
– The Court was held that it was without jurisdiction to try
territorial waters the accused for THEFT alleged to have been committed

of the coastal on the high seas.

state.
3. Article 2
• Except as provided in the treaties and laws of preferential
application, the provisions of this Code shall be enforced

of the
not only within the Philippine Archipelago, including its
atmosphere, its interior waters and maritime zone, but
also outside of its jurisdiction, against those who:

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

airship;

Penal Code – 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 preceding number;
– 4. While being public officers or employees, should commit
and 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 1 of Book 2 of the PRC
CRIME TORTS

• Local in that the perpetrator of the wrong can be sued • Transitory in character and as such, liability is
only in the state wherein he commits the crime. deemed personal to the tortfeasor and makes him
• Injury to the state where it is committed. amenable to suit in whatever jurisdiction he is
found.
• Since it is an affront against the sovereignty and good
order of the state within whose jurisdiction it occurs, • Injury to an individual who may be situated in any
each state must attend to the vindication of its own place.
sovereignty. • Torts law assign liability to the perpetrators in
• Penal laws are promulgated to punish and reform the order to indemnify the victim for injuries he
perpetrators and deter them and others from sustained.
violating the law.
 CRIME TORTS

• A crime is a wrongful act that the state or federal • A tort is a wrongful act that injures or interferes
government has identified as a crime. with another's person or property.
• A criminal case is a criminal proceeding. The • A tort case is a civil court proceeding. The accused
accused is also called a 'defendant". The victim is is the "defendant" and the victim is a "plaintiff.“
the person who has been hurt or the state of
Georgia or other governmental entity. • The charges are brought by the plaintiff. If the
defendant loses, the defendant has to pay
• The charges are brought by the government. If the
defendant loses, the defendant must serve a damages to the plaintiff.
sentence. A fine is paid to the government and
there is possible restitution to the victim.

https://www.injurylawcolorado.com/legal-news/personal-injury-2/tort-or-crime.htm
https://www.georgialegalaid.org/es/resource/the-difference-between-torts-and-crimes?lang=EN