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CIVIL LAW

CONFLICT OF LAW

CONFLICT OF LAWSPRIVATE INTERNATIONAL LAW

That part of the law of each state or nationwhich determines whether, in dealing with alegal situation, the law of some other state ornation will be recognized, given effect orapplied. (16 Am. Jur. 2d, Conflicts of Laws,Sec. 1)

The law concerning the rights of personswithin the territory and dominion of one nation,by reason of acts, private or public, donewithin the dominion of another nation (Hilton

vs. Guyot 1! ".S. 11#)

FUNCTIONS OF PRIVATE INTERNATIONALLAW1. To$rescri%e t&e conditionsunder which a

court or agency is competent to entertain asuit or proceeding involving factscontaining a foreign element

2. To s$ecify t&e circumstances in whichforeign judgment will be recognized asvalid and binding in the forum

3. To determine for each class of cases t&e$articular system of law by reference to

which the rights of the parties must beascertained this is the fundamentalproblem of choice of law

ELEMENTS:

There is a legal problem involving aforeign element! a case involving a factualsituation that cuts across territorial linesand is affected by diverse laws of two ormore "tates is said to contain a foreignelement.

The primary function is to determinewhether the rules of law or the judgments

of some other "tate#s will govern and if so,to what e$tent should these be recognizedor applied in the forum.

AREAS OF PRIVATE INTERNATIONALLAW1. %hoice of &aw

2. 'urisdiction3. ecognition and )nforcement of *oreign'udgments

Public and Privat Intrnati!nalLa" #i$tin%ui$&d

Public Intrnati!nalLa"

Privat Intrnati!nalLa"

A$ t! natur !r c&aractr

+nternational incharacter

ational, municipal orlocal in character

A$ t! 'r$!n$ inv!lvd

-overns states andentities internationally

recognized orpossessed ofinternationalpersonality,e$ceptionally,individuals, too.

-overns privateindividuals or

corporations

A$ t! tran$acti!n$ inv!lvd

ecognizestransactions in whichsovereign "tates areinterested

ssumes control overtransactions which arestrictly private in nature

A$ t! rdi$ a''lid

+n case of violation of+nternational &aw, the

"tate may resort todiplomatic protest,negotiation, arbitrationor adjudication by filingcases beforeinternational tribunalsor may even resort touse of force or go towar

ll remedies areprovided by municipal

laws of the "tate, suchas resort to courts andadministrative tribunals

S!urc$

1. /irect "ources0a. %onstitutionsb. ilateral and multilateral treaties and

international conventions!c. %odifications and special statutes!d. 'udicial decisions! ande. +nternational customs

EXECUTIVE COMMITTEE:

EZEKIEL JOSHUA VILLENA overall chairperson, MINISTER MOISES DU chairperson or aca!e"ics, DJOANIVIE JOMAREJUNASA chairperson or ho#el opera#ions, MARIE MI$AELA STA% ANA vice&chairperson or opera#ions, MIKHAIL MAVERI$KTUMA$DER vice&chairperson or secre#aria#, JA$KIE LOU LAMU' vice&chairperson or inance, DIANA JEAN TUAZON vice&chairperson or e!p, JASSEN RAL(H LEE vice&chairperson or lo)is#ics

SUBJECT COMMITTEE:

JESUS ERI$K STA% *AR*ARA s+-ec# chair, A(RIL ROSE JAVIER assis#an# s+-ec# chair, KRIS.L $AN$INO e!p, INA*EATRIZ DE VERA an! '/.NETH ALI'A persons an! a"il0 rela#ions, HARL. JA.SON RE.ES proper#0, IVA 1RE.RITZERI$A $A.A*AN 2ills an! s+ccession, JESUS ERI$K STA% *AR*ARA oli)a#ions an! con#rac#s, DIOR. RA*AJANTE sales

an! lease, STE(HANIE 'ARA. an! JESUS ERI$K STA% *AR*ARA par#nership, a)enc0 an! #r+s#, RUSKIN (RIN$I(E cre!i##ransac#ions, DIANA 1AJARDO an! 'ER/IN (AN'HULAN #or#s an! !a"a)es, MA. KRISTINE ARELLANO an! RAMILAUSTRIA lan! #i#les an! !ee!s, MA% AN'ELA *ONI1A$IO an! ANTHON. VILLAMOR conlic# o la2s

MEMBERS:

Ve!a Marie Ve!an, Jec30 La"+), An)eli A!riano, Errol Alano, (rincess (arre4as, Ka#rine (a+la S+0a#, Venice *+a)4in,Marvi)l0n Min!o, Mar0 Jane (ere5, Ro55alie 'on5ales, Doro#h0 Ka#e (+n5alan, E!nal0n Saron, 1rances D0an Li", Ka#rinaKala2, Maria Ka#rina Rivera, Ai55a 'on5ales, Ka#hl0n Jane $ain!a0, Ar# John Aron)a#, , Jose An)elo Davi!, Mei S+0a#, Dar0lAnn Tan, Ra0nan Larosa, Ka"ille Deanne La)asca, Karell Marie Lascano, 1rances D0an Li", Maris Donna K2o3, Mar3Joseph A0o, Hansel Mora4a, (a+l Joseph Merca!o, Ian Michel 'eonan)a


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CIVIL LAW

CONFLICT OF LAWS

2. +ndirect "ources0a. The natural moral law,b. The writings and treatises of thiners,

famous writers and jurists, amongothers

URIS#ICTION

+n +nternational law, it is often defined as theright of a "tate to e$ercise authority overpersons and things within its boundaries,subject to certain e$ceptions1. 'udicial 'urisdiction legal authority of a

state to e$ercise authority, through itscourts or agencies, to hear and adjudicatecases.

2. &egislative 'urisdiction the power of astate to regulate or control, through rulesof law, interest of persons in a thing, event

or situation.

T*PES OF U#ICIAL URIS#ICTIONA+ uri$dicti!n !vr t& 'r$!n

%ompetence of a court to render adecision that will bind the parties to acase.1. 'urisdiction over the person of the

plaintiff is ac4uired from the momenthe invoes the aid of the court andvoluntarily submits himself byinstitution of the suit through properpleadings.

2. 'urisdiction over the person of thedefendant is ac4uired through0a. 5oluntary appearance0 orb. %oercive process through

personal or substituted service ofsummons 'Sec. 6 and (, ule 1*,evised ules of Court)

c. "ervice upon foreign privatejuridical entities through itsresident agent designated inaccordance with law for thatpurpose or if none, thegovernment official designated bylaw to that effect or any of itsofficers or agents within the6hilippines 'ule 1*, Sec. 12,evised ules of Court).

,+ uri$dicti!n !vr t& r$'urisdiction over the particular subjectmatter in controversy, regardless of thepersons who may be interested therein.

esults either from the seizure ofproperty under a legal process or fromthe institution of legal proceedings

wherein the court7s power over theproperty is recognized and madeeffective.

eferred to as in rem jurisdiction incontrast to in $ersonamjurisdiction

nother form of jurisdiction is +uasi inremwhich affects only the interests ofparticular persons in the thing.

N!t: "ummons by publication isauthorized in three cases01. +f the action is in rem, or2. uasi in rem, or3. +nvolves the personal status of the

plaintiff (ule 1*, Secs. 1-16,evised ules of Court8

9here the suit is in $ersonam, jurisdictionover the defendant must be ac4uired byvoluntary appearance or bypersonal#substituted service of summons.:owever, service by publication may be

allowed in accordance with Sec. 1*, ule1* of t&e evised ules of Court(defendant whose identity or whereaboutsare unnown8.

N!thowever the view that the personalaction must be converted to in rem(e.g. byattachment of property8.

Lon-arm Statute law that allows a plaintiff to mae aclaim against a defendant, who is a nondomiciliary of a state, provided that there

are minimum contacts with the forum tojustify jurisdiction over him.

C+ uri$dicti!n !vr t& $ub-ct attr

%onferred by law!

The power to hear and determinecases of the general class to whichthe proceedings in 4uestion belong.

Test of Jurisdiction whether or not the lawvests upon the tribunal the power to enterupon the in4uiry.

,a$ic Princi'l Undrl.in% All Rul$ !/uri$dicti!n: "tate does not have jurisdiction in theabsence of some reasonable basis fore$ercising it, whether the proceedings are inrem, +uasi in rem, or in $ersonam. To bereasonable, the jurisdiction must be based onsome minimum contacts that will not offendtraditional notions of fair play and substantialjustice.

+n the 6hilippines, jurisdiction over the subject

matter is found in the %onstitution and the'udiciary eorganization ct, as amended

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San Beda College of Law

2011 CENTRALIZED BAR OPERATIONS

'Judiciary Act of 1!*/0 atas am%ansa l.12!, as amended %y e$. Act 3o. (6!1)

'urisdiction over the subject matter must beinvoed by filing the proper complaint orpetition with the court. +t is the allegations ofthe complaint or petition read in the light of the

proper jurisdictional law, that confer jurisdictionon the court.

+n the realm of %onflict of &aws, however,there is another element which the court mustconsider in determining the matter ofjurisdiction! i.e. the possible enforceability ofits decision in foreign states, subject to therights of said states.

Ot&r P!int$ t! Rbr !n t& Mattr !/uri$dicti!n

+n choosing a particular forum, the plaintiff

has accepted the entire judicial machineryof the forum completely, so that he mustaccept not only its benefits but its burdensas well.

)ven if the defendant leaves the state ofthe forum prior to the final determination ofthe action against him, jurisdiction of thecourt continues. (Sem$io-4iy, Hand%oo5on Conflict of Laws, 2* ed., $. 1#).

Miniu C!ntact$ T$t and FundantalFairn$$ T$t

/ue process re4uires only that in order tosubject a defendant to a judgment in$ersonam, if he is not present within theterritory of the forum, he should have certainminimum contacts with it such that themaintenance of the suit does not offendtraditional notions of fair play and substantialjustice. (7nternational S&oe Co. vs.8as&inton, #26 ".S. #1)

+n both in rem and +uasi-in rem, all that dueprocess re4uires is that defendant be given

ade4uate notice and opportunity to be heardwhich are met by service of summons bypublication.

uri$dicti!n Clau$ clause in a contract whereby a provision isinserted which provides that any disputearising under the contract shall be tried beforethe competent court of a particular "tate or bya specific court by that "tate.Wa.$ !/ #i$'!$in% !/ C!n/lict$ Ca$$:1. /ismiss the case, either because of lac of

jurisdiction or refusal to assumejurisdiction over the case such as in cases

of the application of the doctrine of forumnon conveniens! or

2. ssume jurisdiction over the case andapply the internal law of the forum! or

3. ssume jurisdiction over the case andtae into account or apply the law of someother "tate#s.

Princi'l !/ F!ru Non Conveniens court, though it has jurisdiction over a case,may decline to e$ercise it where there is nolegitimate reason for the case to be broughtthere, or where presentation in that court willcreate hardship on the defendants or onrelevant witnesses because of the court7sdistance from them. 'Gifis, 4ictionary of Leal9erms, 9&ird ed., $$. 1!#-1!*)

N!t: The court will not dismiss the caseunder the doctrine unless the plaintiff has

another forum open to him.

)ven if the court has jurisdiction over aconflicts case it may, by invoing the principleof forum non conveniens, refuse to e$ercise orassume that jurisdiction, in view of any of thefollowing practical reasons01. )vidence and witness may not be readily

available in the forum!2. %ourt docets of the forum may already be

clogged and permitting additional caseswould hamper the speedy administrationof justice!

3. elief that the matter can be better triedand decided in another jurisdiction, eitherbecause the main aspects of the casetranspired there or the material witnesseshave their residence there!

;. To curb the evils of forum shopping!ther courts are open and the case may

be better tried in said courts!?. +nade4uacy of the local judicial machinery@. /ifficulty of ascertaining the foreign law

applicable

N!t: The doctrine should generally apply onlyif the defendant is a corporation. *or if thedefendant is an individual, the proper forummay not be able to ac4uire jurisdiction overhim (i.e., he may not be residing there8, thus,leaving the plaintiff without any remedy(Sem$io-4iy, Hand%oo5 on Conflict of Laws,2* ed., $. 1).

In$tanc$ u$ti/.in% t& A''licati!n !/Intrnal La" t! C!n/lict$ Ca$$:1. 9here application of internal law is

decreed!

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CIVIL LAW

CONFLICT OF LAWS

)$amples0 rt. 1=, par. 1, ew %ivil %ode

rt. 1=, par. 2, ew %ivil %ode

rt. @A, *amily %ode

rt. @2B, ew %ivil %ode

2. 9here there is failure to plead and proveforeign law!

eason: >ur courts cannot tae judicialnotice of foreign laws. They have the rightto presume the applicable foreign law isthe same as the internal or domestic lawof the forum and should, therefore, applythe latter law (Adon v. C&eon SenGee, *# &il. *#)

3. 9here a case involves any of thee$ceptions to the application of foreign

law.

C0OICE OF LAW

T&!ri$ in -u$ti/.in% t& A''licati!n !/F!ri%n La" In C!n/lict$ Ca$$:

1. T&!r. !/ C!it.The application of foreign legal systems incases involving foreign element is properbecause their nonapplication wouldconstitute a disregard of foreign

sovereignty (a lac of comity towards other"tates8.

Comity ; the doctrine re4uiring courts ofone state to recognize the laws andjudgments of another state, in order tosecure the reciprocal recognition by thatforeign state of the laws and judgments ofthe first state.

2. V$td Ri%&t$ T&!r.The function of %onflict of &aws is to giveeffect to rights ac4uired under the proper

foreign law, and not to enforce foreign law.

Thus, rights ac4uired in one country mustbe recognized and legally protected inother countries. The forum will not applythe foreign law but will simply recognizethe right vested by said law.

3. L!cal La" T&!r. foreign rule cannot be applied unless ithas been CappropriatedD by the "tate ofthe forum and transformed into a domesticrule.

+n %onflict of &aws problems, the courtdoes not enforce a foreign right but a rightcreated by its own law by treating a caseas a purely domestic case that does notinvolve a foreign element.

;. T&!r. !/ u$tic (%aver7s 6rinciple of

6reference8%hoice of law should be determined byconsiderations of justice and sociale$pediency and should not be the result ofmechanical application of the rule orprinciple of selection.


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concerned and should not, as ageneral rule interfere.

)nforcement of foreign penal lawsmust be distinguished from theirrecognition! a state may recognizeforeign penal laws for variouspurposes, though it will not directlyenforce such laws in its jurisdiction.

penal clause in a contract enteredinto abroad may be enforced herebecause such is >T criminal innature but only provides for li4uidateddamages.

;. *oreign procedural law all proceduralaspects of a given case are to bedetermined by the internal law of theforum, regardless of where the transactionoccurred out of which the claim in 4uestion

arose.

eason:+f foreign procedural laws were tobe applied, it would involve a maing overof the machinery for the administration ofjustice in the forum.


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CIVIL LAW

CONFLICT OF LAWS

>scolin, G.. 3os. L-2(/6 ? 2(/!6Se$tem%er #, 1!(8.

NATURE3 COMPOSITION 4C0ARACTERI5ATION OF CONFLICTS

RULES

C!n/lict Rul$ provision found in our own law whichgoverns a factual situation possessed of aforeign element. +t is usually e$pressed in theform of an abstract proposition that a givenlegal 4uestion is governed by the law of aparticular country (which may be an internallaw or the proper foreign law8, to beascertained in the manner indicated in theprovision.

T"! 6ind$ O/ C!n/lict Rul$

1. =ne-sided rule indicates when 6hilippinelaw will apply

2. All-sided or multilateral rule indicateswhether to apply the local law or theproper foreign law

N!t: 'ustice "empio/iy observes that whileArt. 1 of t&e 3ew Civil Code literally appliesonly to *ilipinos and is actually a onesidedrule, the "% has given it a multilateralapplication in that it has held that foreigners, intheir status and legal capacity are governed bytheir national laws (Gi%%s v. Gov@t., *! &il.2!#). The nationality theory has been appliedby the "% even to persons who are citizens ofcountries following the domiciliary theory(Hand%oo5 on Conflict of Laws, 2* ed., $.#1).

Part$ !/ C!n/lict Rul$1. T& /actual $ituati!n the set of facts or

situation presenting a conflicts problembecause there is a foreign element

involved.2. T& '!int !/ c!ntact !r c!nnctin%/act!r the law of the country with whichthe factual situation is most intimatelyconnected.

C&aractri7ati!n !r #!ctrin !/8uali/icati!n6rocess of deciding whether or not the factsrelate to the ind of 4uestion specified in aconflicts rule (Saudi Arabian Airlines v. CA, .R.!o. 1221"1, #ctober $, 1""$).

T&r Sta%$ in C&aractri7ati!n:1. The problem of classification

2. The characterization of the point of contactor the connecting factor

3. The e$tent of the application of the lawthat is chosen as applicable to the conflictscase The court should apply the selected

proper law to the factual situation for

the purpose of deciding what legalconse4uences, if any, result from thesituation or, if a thing is in 4uestion,what interests are created in the thing.

The law chosen should be appliedonly insofar as it brings about thegood it was intended to bring.

M!$t C!!n Pr!bl !/C&aractri7ati!n:

9hether or not a particular rule of law isprocedural or substantive.

+f an issue is substantive, apply foreignlaw, but if procedural, forum law.

A+ 8u$ti!n$ !/ Evidnc6rocedural and the law of the forum mustcontrol.

,+ Statut !/ Fraud$1. "ubstantive if the words of the law

relate to forbidding the obligation.

2. 6rocedural if the law forbids theenforcement of the obligation.

C+ Statut !/ Liitati!n$ and ,!rr!"in%Statut$1. "tatute of limitations

a. "ubstantive when the limitationwas directed to the newly createdliability to warrant a 4ualification ofthe right (specificity test8.

b. 6rocedural if it operates to baronly the legal remedy withoutimpairing the substantive rightinvolved.

2. orrowing statute directs the state ofthe forum to apply the foreign statuteof limitations to the pending claimsbased on a foreign law

The characterization of a statuteof limitation into procedural orsubstantive becomes irrelevantwhen the country of the forum hasa borrowing statute. +t has thepractical effect of treating theforeign statute of limitation as oneof substance.

N!t: law on prescription is sui eneris in%onflict of &aws in the sense that it may be

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viewed either as procedural or substantive,depending on the characterization given sucha law 'Cadalin v. =>,. G.. 3o. 1*((6.4ecem%er , 1!!*).

The modern trend is to consider theprescriptive periods or the "tatute of *rauds

that the parties had in mind at the time thetransaction too place 'Sem$io-4iy, Hand%oo5on Conflict of Laws, 2* ed., $. #).

#'ca%

The phenomenon where the differentaspects of the case involving a foreignelement may be governed by differentsystems of law.

llows the other relevant interests of theparties to be addressed! permits the courtsto arrive at a functionally sound resultwithout rejecting the methodology of thetraditional approach.

Pr!'!$d S!luti!n$ t! t& Pr!bl !/C&aractri7ati!n:1. T& Lex ForiS!luti!n

The forum characterizes according to itsown law, and then applies the law(domestic or foreign8 conse4uent upon itsclassification.

2. T& Lex CausaeS!luti!n%haracterization will depend on the

governing law.

3. T& Anal.tic uri$'rudnc andC!'arativ La" S!luti!n%alls upon the court to determine thecommon patrimony of juridical concepts!)mploys characterization of a universal or4uasiuniversal character.

;. T& Double CharacterizationS!luti!n%ouples the le< fori and le< causaesolution

PERSONAL LAW

That law which attaches to a person whereverhe may go and generally governs his status,capacity, condition, family relations and theconse4uences of his actuations (Sem$io-4iy,Hand%oo5 on Conflict of Laws, 2* ed, $.#6). +t differs from national law in that the latterrefers to a system of law which determines thepersonal law.

+t may be his national law, the law of his

domicile, or the situs of the event ortransaction wherein he was involved,depending on the theory applied in the forum

(Sem$io-4iy, Hand%oo5 on Conflict of Laws,2* ed., $. #6).

T&!ri$ in dtrinin% t& 'r$!nal la" !/an individual. 3ational t&eory '$ersonal t&eory)

The personal law of an individual is his

national law.

N!t0 dopted mostly by civil lawcountries lie the 6hilippines since theirpeople are bound more by a national spiritof unity, common history and more so thatthe identity and legal position of theircitizens are guaranteed by a consistentapplication by their national laws on statusand family relations wherever they maygo. 'Sem$io-4iy, Hand%oo5 on Conflict ofLaws, 2* ed., $. #!)

Nationalityrefers to the membership in apolitical community, one that is personaland more or less permanent, nottemporary.

+n conflict of laws, the word nationality andcitizenship are used interchangeably. The 6hilippines adheres to the

nationality theory (Art. 1%, !e& CivilCode).

+t is for each "tate to determine whoits nationals are (:ague %onvention8!but it must be consistent with

international treaties, internationalcustoms, and principles of lawgenerally recognized with regard tonationality.

Problems in Applyin the NationalityPrinciple4ual or ulti$le %itizenship arises fromthe concurrent application of Bus soli andBus sanuinis at birth or from a refusal ofcertain "tates to accept a full applicationof the doctrine of e$patriation or frommarriage or from a formal and voluntary

act1. +n matters of status, he is usually

considered by the forum ase$clusively its own national, hisadditional foreign nationality isdisregarded

2. +n case litigation arises in a thirdcountry, the law most consistentlyapplied is that of the country of whichthe person is not only a national butwhere he also has his domicile orhabitual residence, or in the absencethereof, his residence.

Theory of !ffective Nationality

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CIVIL LAW

CONFLICT OF LAWS

third state shall, of the nationalitieswhich any such person possesses,recognize e$clusively in its territory eitherthe nationality of the country of which he ishabitually and principally a resident, or thenationality of the country with which in thecircumstances he appears to be in fact

most closely connected 'Art. , 'aueConvention on Conflict of !ationalit *a&s).

"tatelessness"tateless persons are generally subject tothe law of their domicile or habitualresidence, and in default thereof, to thelaw of their temporary residence ('aueConference of 1"2$ on +nternational rivate

*a&).

person may become stateless by thefollowing means0

a. /eprivation of his citizenship for anycause, such as commission of a crime!

b. enunciation of one7s nationality bycertain acts, e$press or implied!

c. 5oluntary release from his original state!and

d. +f born in a country which recognizes onlythe principle of Bus sanuinis of parentswhose law recognizes only the principle ofBus soli.

N!t: %onvention on the eduction of"tatelessness adopted in 1B=1 mandates

that the Bus sanuinis country grant itsnationality to a person born within itsterritory if he would otherwise be stateless,and the Bus soli country to e$tend itsnationality to a person who wouldotherwise be considered stateless whenone of his parents is a citizen of thecontracting state.

. 4omiciliary 9&eory '9erritorial 9&eory)The individual7s private rights, condition,status, and capacity are determined by thelaw of his domicile or le< domicilii.

dopted mostly by common law countrieswhose populations consists of peoples ofdifferent nationalities with varyingtraditions, culture and ideals, and whoseunity may be considered achieved byadopting the law of their domicile.(Sem$io-4iy, Hand%oo5 on Conflict ofLaws, 2* ed., $. *)

N!t: The forum determines domicileaccording to its own standards.

Domicile is the place of which a personhas a settled connection for certain legal

purposes, either because his home isthere or because that is the placeassigned to him by law.

#!icil R$idnc Citi7n$&i'

*i$ed,

permanentresidence towhich, whenabsent, onehas theintention ofreturning

6lace ofabode,whetherpermanent ortemporary

+ndicates tiesof allegianceand loyalty

Leal Classification of Domicile

1. #!icil !/ !ri%ina. Ginors

+f the child is &)-+T+GT), hisdomicile of origin is that of his

parents at the same time of hisbirth! if the parents are separated,the domicile of the custodialparent.

+f the child is +&&)-+T+GT), hisdomicile of origin is that of themother at the time of his birth.

+f the child is &)-+T+GT)/, thedomicile of his father at the time ofhis birth controls, since the effectsof legitimation retroacts to the timeof the childHs birth. 'Art. 1/,

amily Code) The domicile of origin of an

/>6T)/ %:+&/ is the domicileof his real parents at the time ofhis birth, not the domicile of theadopters.

The domicile of origin of a*>I/&+- is the country whereit was found.

b. Garried 9omenThe right to decide the 4uestion of

where the family domicile should beestablished is now a joint prerogativeof husband and wife 'amily Code).

2. C!n$tructiv #!icil (#!icil b.O'rati!n !/ La"):domicile assigned bylaw to persons legally incapable ofchoosing their own domicile'i.e., minors,mentally disa%led)

a. Ginors +f &)-+T+GT), the domicile of

both parents.

+n case of disagreement, that ofthe father, unless there is a

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judicial order to the contrary 'Art.211, amily Code).

+f +&&)-+T+GT), the domicile ofthe mother 'Art. 1(6, amilyCode).

+n case of absence or death ofeither parent, the domicile of thepresent parent. )ven in case ofthe remarriage of the survivingparent, still his domiciledetermines the constructivedomicile of the minor child.

+f the child is />6T)/, thedomicile of choice of the adopteris the childHs constructive domicile.

b. +nsane, idiots, imbecile "ince insanes and other mentally

incapacitated persons cannot

select their own domicile to them. +f they are )&>9 the age of

majority, the rules on minors applyto them.

+f they are >* -) and :5)-I/+", they follow thedomicile of choice of theirguardians. +f they have noguardians, their constructivedomicile is their domicile of choicebefore they became insane.

c. Garried 9omeni. +f the marriage is 5&+/0 The constructive domicile of the

wife is the domicile of bothspouses, unless the law allowsthe wife to have a separatedomicile, for valid andcompelling reasons. 'Art. 6!,amily Code)

+f there is legal separationbetween the spouses, the wifecan have her own domicile ofchoice.

+f there is separation de facto,the wife can also have aseparate domicile. '4e la Dinav. Dillareal, *1 &il. 1#)

ii. +f the marriage is 5>+/&)0 pplythe same rules as when themarriage is valid. :owever, afterannulment, the wife can freely selecther own domicile of choice.

iii. +f the marriage is 5>+/0 "ince thereis really no marriage in this case, the

wife can have a domicile separatefrom the husband

d. >ther 6ersonsi. %onvict or prisoner :e is not

free to have a domicile of choice,so his domicile is that which hehad possessed prior to hisincarceration

ii. "oldiers "ince they arecompelled to follow the dictates ofthe military, their domicile is theirdomicile before their enlistment.

iii. 6ublic officials or employeesabroad lie diplomats, consularofficials, etc. "ince their stayabroad is in their official and not intheir personal capacity, theirdomicile is the one before theywere assigned elsewhere, unless

they voluntarily adopt their placeof employment as their permanentresidence (Sem$io-4iy, Hand%oo5on Conflict of Laws, 2* ed., $.(1).

#!icil O/ Ori%in C!n$tructiv #!icil

c4uired at birth ssigned after birth

ssigned only toinfants

ssigned to personsunder legal disabilities

ever changesGay change from time totime

1. #!icil !/ C&!ic (V!luntar.#!icil)

6lace freely chosen by a person suiBuris as his home and to which,whenever he is absent, he intends toreturn

To ac4uire domicile of choice, theremust be a concurrence of physicalpresence in the new place andun4ualified intention to mae that placeone7s home.

#!icil !/Ori%in

C!n$tructiv#!icil

#!icil !/C&!ic

ssigned bylaw

ssigned bylaw

esult of thevoluntary willand action ofthe personconcerned

#eneral $ules on Domicile (alleo v. -erra,.R. !o. *4$641, !ove/ber 24, 1"41)

1. o person shall be without domicile.2. person cannot have two simultaneous

domiciles.3. )very natural person, as long as he is free

and sui Buris, may change his domicile atpleasure.

67=


10/30


11/30



1. Ca'acit. t! Act power to do acts withlegal effect

2. udicial Ca'acit. the fitness to be thesubject of legal relations. +n the determination of status and

capacity of persons, our %ivil %odefollows the nationality principle when

dealing with *ilipinos. 9hen dealing with aliens, it depends

on which principle their country followsbut if the alien is in the 6hilippines, thenationality theory is applied byimplication

personHs capacity to contract isgoverned by his personal law, whetherit is the le< nationalii or the le)**)%T. This is thedoctrine of+GGIT+&+TJ in thematrimonial propertyregime.

N!t: +f the spouses have differentnationalities, generally the national law of thehusband may prevail as long as it is notcontrary to law, customs and good morals ofthe forum.

+n the 6hilippines personal relations of thespouses are governed by 6hilippine law sincewe follow the nationality theory. +n countriesthat follow the domiciliary theory, the law oftheir domicile governs.

'ustice "empio/iy is of the opinion that itwill be the national law of the wife or6hilippine law that would govern thespouses7 personal relations by parity ofreasoning withArt. / of t&e amily Code('andboo of Conflicts of *a&s, . 102).

The marriage of an alien woman to a*ilipino husband does not i$so factomaeher a *ilipino citizen and does not e$cuseher from her failure to depart from thecountry upon the e$piration of here$tended stay here as an alien (5u/antanv. 5o/ino, .R. !o. ""3%$, 7anuar 30, 1""%).

Philippine $ule on Property $elations'+n the absence of a contrary stipulation in themarriage settlements, the property relations ofthe spouses shall be governed by 6hilippine

laws, regardless of the place of the celebrationof the marriage and their residence.

This rule shall >T apply01. 9here both spouses are aliens!2. 9ith respect to the e$trinsic validity of

contracts affecting property not situated inthe 6hilippines and e$ecuted in thecountry where the property is located!

/3. 9ith respect to the e$trinsic validity of

contracts entered into in the 6hilippinesbut affecting property situated in a foreigncountry whose laws re4uire differentformalities for their e$trinsic validity (Art.$0, a/il Code).

Doctrine of )mmutability of *atrimonialProperty $eime

egardless of the change of nationality byeither or both of the spouses, the original

property regime that prevailed at the start oftheir marriage prevails.

easons01. Garital peace in the spousesH property

relations is more or less guaranteed!2. The spouses will not be able to prejudice

creditors, who in turn can jeopardize theinterests of the spouses! and

3. The spouses may protect themselves fromeach other 'Sem$io-4iy, Hand%oo5 onConflict of Laws, 2* ed., $. 16).

A,SOLUTE #IVORCE +A ()NC,L-*AT$)*-N)).:ague %onvention provides that the grantingof divorce or separation must comply with thenational law of the spouses and the law of theplace where the application for divorce ismade.

S.n!'$i$ !/ t& rul$ !n #iv!rc

Factual Situati!n P!int !/ C!ntact

+f sought in the6hilippines (whetherby *ilipinos orforeigners8

Le< ori (will not begranted8>"

ational &aw(thus,>T 5&+/ here evenif valid abroad8

+f obtained abroad)T9))*>)+-)"

ational &aw(if valid inthe state granting it,and valid according tothe national law of theparties, it will be validhere8

6=8


14/30

CIVIL LAW

CONFLICT OF LAWS

+f obtained abroadbetween a *+&+6+>

/ *>)+-)

pply (28 and (38respectively. "ee,however,Art. 26, $ar.2 of t&e amily Codewhich allows the*ilipino spouse toremarry in the eventthat the alien spouseobtains a divorce

The 0a%u C!nvnti!n !n t& Rc!%niti!n!/ #iv!rc and L%al S'arati!nstates thata foreign divorce will be recognized incontracting states if, at the date of the filing ofthe proceedings01. The petitioner or the respondent had his

habitual residence in the state where thedivorce was obtained!

2. +f both spouses were nationals of said

state! or3. lthough the petitioner was a national of

another country, he or she had his or herresidence in the place where the divorcewas obtained.

RULES ON #IVORCE IN T0E P0ILIPPINES2nral Rul: 9e only observe relativedivorceor legal separation (a mensa et t&oro)in the 6hilippines.

E1c'ti!n:9here a marriage between a *ilipino citizen

and a foreigner is validly celebrated and adivorce is thereafter validly obtained abroad bythe alien spouse capacitating him or her toremarry, the *ilipino spouse shall havecapacity to remarry under 6hilippine law (Art.26, a/il Code).

The provision does not apply to a divorceobtained by a *ilipino abroad from his#her*ilipino spouse, which divorce is void becauseour law does not allow divorce and *ilipinosare governed by 6hilippine law as to theirstatus and capacity 'Art.1, 3ew Civil Code)

'Sem$io-4iy, Hand%oo5 on Conflict of Laws,2* ed., $. 11#).

ar. 2, Art. 26 of t&e amily Code cannot beapplied to a divorce obtained by a *ilipino wifefrom her *ilipino husband while she was still a*ilipino and therefore governed by 6hilippinelaw which does not recognize divorce 'e$. v.7yoy, G.. 3o. 12((, Se$tem%er 21, 2)

N!t0 )ven if the marriage is not a mi$edmarriage, meaning both are *ilipino citizens, atthe time of celebration of such marriage, if

later on one of the spouses becomes a citizenof another country and obtains a valid divorce

decree there, the spouse who did not changehis#her citizenship will be considered alsodivorced and free to remarry. (e$u%lic vs.Ci$riano =r%ecido 777, G.. 3o. 1*#/,=cto%er , 28

'ustice "empio/iy opines that >rbecido may

be allowed to remarry but not under Art. 26,$ar. 2 of t&e amily Code, which was intendedto apply only to mi$ed marriages. "he submitsthat the "upreme %ourt could have sustained>rbecidoHs right to remarry under the rules in%onflict of &aws whereby a foreign law and aforeign judgment may be recognized by way ofcomity if such would give justice to a *ilipinocitizen and there is no e$press legal provisionto the contrary. 'Sem$io-4iy, Hand%oo5 onConflict of Laws, 2* ed., $. 11!).

LE2AL SEPARATION OR RELATIVE

#IVORCE

C!n/lict$ rul$ !n l%al $'arati!n

+f the parties are of the same nationality,the grounds for legal separation are thosegiven by their personal law.

+f the parties are of different nationalities,the grounds available under the personallaw of the husband as well as thoseavailable under the law of the wife are allavailable grounds for granting legalseparation.

S! 2r!und$ /!r L%al S'arati!nFactual Situati!n P!int !/ C!ntact

-rounds for legalseparation0a. dulteryb. %oncubinagec. ttempt by one

spouse against thelife of the other

ational law of thepartiesa. +f of the same or

common nationallaw governs

b. +f of differentnationalities thegrounds given by>T: national lawsshould && beconsidered propergrounds (rt. @,:ague %onventionon &egal"eparation8

N!t:esidencere4uirement if suit isbrought in the6hilippines0a. +f cause occurred in

the 6hilippines >residencere4uirement

b. +f cause occurredoutside the

6hilippines oneyear residence isre4uired in our

6=9


15/30



country. 'Art. !!,3CC)

W&r L%al S'arati!n S&!uld , Fild1. 'urisdiction in the case of aliens is not

assumed by the forum unless the nationallaw of the parties is willing to recognize its

jurisdiction.2. +n the 6hilippines, foreigners may as for

legal separation here, even if they did notget married in this country. 9hat isimportant is that the court has jurisdictionover both parties.

3. Gost countries assume jurisdiction overcases for legal separation on the basis ofthe domicile of one of the parties or thematrimonial domicile.

N!t: +t is not necessary that the cause forlegal separation taes place in this country for

our courts to have jurisdiction over the case.9hat is important is that the court hasjurisdiction over the parties and that theprocedural re4uirements of the ules of %ourtare complied with 'Sem$io-4iy, Hand%oo5 onConflict of Laws, 2* ed., $. 122).

ANNULMENT AN# #ECLARATION OFNULLIT*Annulnt 9 remedy if the marriage isvoidable! grounds are those provided for bythe law alleged to have been violated.

#clarati!n !/ Nullit. 9 remedy if themarriage is void a% initio0 grounds are thee$ceptions to the Le< Loci Cele%rationisinArt.26 of t&e amily Code.

N!t: The above rules do not apply toconsular marriages to which either the nationallaw or the law of the domicile of the parties, asthe case may be, applies 'Sem$io-4iy,Hand%oo5 on Conflict of Laws, 2* ed., $.11).

uri$dicti!n t! Annul

5ested in the court of the domicile of theparties! jurisdiction over the nonresidentdefendant is not essential. +t is the status ofthe plaintiff that is in issue. :e should bedomiciled in the forum.

T& 2!vrnin% La"Le< loci cele%rationis determines theconse4uences of any defect to form.

-enerally, the same applies with reference tosubstantive or intrinsic validity. ut with regardto capacity of the parties to marry, their

national law is determinative.

P&ili''in Rul

"ince we follow the nationality theory, ourcourts have jurisdiction over annulment andnullity suits in marriage in cases of *ilipinolitigants.

6hilippine domiciliaries can also file such suitsin the 6hilippines. 'Sem$io-4iy, Hand%oo5 on

Conflict of Laws, 2* ed., $. 111).

STATUS OF C0IL#REN

A+ L%itiac. and ill%itiac.#trinati!n !/ L%itiac. !/ a C&ild&egitimacy of the child is governed by thecommon personal law of the parents(either domiciliary or nationality8.

+f the parents are of different nationalities, thepersonal law of the father governs.

Philippine $ule'

The legitimacy of the child is governed bythe national law of the parents.

+f parents belong to different nationalities,legitimacy of the child is governed by thenational law of the father.

6ersonal law of the illegitimate child is themother7s personal law.

N!t: :owever, in the case of 9ecson v.

C=>L>C, onald Allan Felly oe andornier 'G.. 3o. 161*#*. arc& #, 2*8, the"upreme %ourt held that providing neitherconditions nor distinctions, the 1B3ver the persona. ppointing courtb. 6owers of

guardianship

a. %ourt of thedomicile of the wardb. %oe$tensive with

those of theappointing court(law of theappointing state8

2. >ver the the propertya. appointing courtb. powers of

guardianship

a.court where theproperty is found (le$rei sitae8

b.coe$tensive with thoseof the appointing court(law of the appointingstate8

3. >ver the person andover the property(general guardian8

"ame as above

FUNERALS

Factual Situati!n P!int !/ C!ntact

*unerals incidentsthereof

9here the body isburned

PROPERT*

C!ntr!llin% La"

eal property as well as personal propertyis subject to the law of the country where itis situated(Art. 16, !CC).

ationale for le< situsor le< rei sitaerule0the property being physically part of thecountry should be subject to the lawsthereof.

S.n!'$i$ !/ C!n/lict Rul$ !n Pr!'rt.Factual Situati!n P!int O/ C!ntact

eal 6roperty

>


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CIVIL LAW

CONFLICT OF LAWS

Factual Situati!n P!int O/ C!ntact

debtsb. 5oluntary

assignment ofdebts

or le< lociintentionis

Ca'acit. t! tran$/r !r ac;uir 'r!'rt.

-overned by le< situs.

E1trin$ic and intrin$ic validit. !/c!nv.anc$

-eneral ule0 -overned by le< situs.

)$ceptions01. rt. 1=, par. 2 of the ew %ivil %ode

2. The issue is the rights and liabilities of theparties as a matter of contract even if thesubject matter is land.

3. The validity and effect of the obligation

which the encumbrance on an immovablesecures.

4. Inder a policycentered approach, whenthe situsof the movable at the time of thetransfer was insignificant or accidental.

5. 9hen the issue involves considerationother than the validity and effect of thetransfer the court may loo into the lawof another state which has a real interestin applying its law.

6. The validity of the contract to transfer animmovable.

SPECIAL T*PES OF MOVA,LE PROPERT*1. C&oses in $ossession 'tani%le $&ysical

o%Bects)

#eneral $ule' governed by the law of theplace where the property is located at thetime of transaction and determines thecreation and the transfer of interests (ledomiciliary8.

)$ceptions are contracts involving alienationor encumbrance of real or personal propertieswherein le$ situs governs the capacity of thecontracting parties.

+n the 6hilippines, the capacity of a *ilipino isgoverned by 6hilippine law following the

nationality theory pursuant to rt. 1


20/30


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2. %apacity of partiesto be principal oragent

3. +ntrinsic validity

encumbering ofproperty in whichcase the le$ situs ifthe property applies8

2. ational law of theparties (unless theagency deals withthe conveyance orencumbering ofproperty in whichcase the le$ situs ifthe property applies8

3. Le< loci voluntatisor the le< lociintentionis (unlessthe agency dealswith the conveyanceor encumbering ofproperty in whichcase the le$ situs if

the property applies8Pld%3 C&attl M!rt%a%3 Ral M!rt%a% and

Antic&r$i$

1. )$trinsic validity2. %apacity of parties3. +ntrinsic validity

Le< situsLe< situsLe< situs

N!t: These areaccessory contractsonly, therefore, if theprincipal contract(generally the contractof loan8 is defective, theaccessory contract must

also be deemeddefective

2uarant. and $urt.$&i'

1. )$trinsic validity

2. %apacity of parties


&e$ locicelebrationisational law&e$ loci voluntatis or the le$ loci

intentionis

N!t: These areaccessory contractsonly, therefore, if theprincipal contract isdefective, the accessorycontract must also bedeemed defective

C!ntract !/ C!!n Carrir !/ 2!!d$

1. )$trinsic validity

2. %apacity of parties


;. &iability for loss,destruction, ordeterioration ofgoods in transitu

1. *i$ed situs of thecarrier (depot orresting place8

2. *i$ed situs of thecarrier

3. *i$ed situs of thecarrier

;. &aw of thedestination (rt.1?T apply if it isproved that the damage resulted from anact or omission of the carrier, his servantsor agents done with intent to causedamage or reclessly and with nowledge

that damage would probably result,provided that it is proved that the servantor agent is acting within the scope of theemployment.

"uits may be prosecuted in any of thefollowing places at the option of theplaintiffpassenger01. %ourt of the domicile of the carrier2. %ourt of the principal place of

business of the carrier3. %ourt where the carrier has a place of

business through which the contractwas made

;. %ourt of the place of destination

6>?


22/30

CIVIL LAW

CONFLICT OF LAWS

ction will prescribe if not broughtwithin two (28 years from the0a. /ate of arrival at the

destinationb. /ate on which the aircraft

ought to have arrivedc. /ate on which the

transportation stopped

N!t: Gethod of counting the period oflimitation is determined by the law of the forum(le< fori8

Tran$'!rtati!n b. $ucc$$iv carrir$ 9each of the carrier who accepts thepassengers or baggage shall be subject to therules set out in the convention and shall bedeemed as one of the contracting partiesinsofar as the contract deals with that part of

the transportation which is performed underhis supervision. The passenger or representative can tae

action only against the carrier whoperformed the transportation during whichthe accident or delay occurred, unless bye$press agreement the first carrier hasassumed the responsibility for the entirejourney.

s regards baggage or goods, thepassenger or consignor shall have a rightof action against the first carrier, and thepassenger or consignee shall have the

right of action against the last carrier.*urthermore, each may tae an actionagainst the carrier who performed thetransportation during which the loss,damage or delay too place. Thesecarriers shall be jointly and severally lia%leto the passenger, or to the consignor orconsignee.

+n cases where the convention does not apply,the "econd estatement holds that the validityof the contract of carriage as well as the rightscreated thereby are determined, in the

absence of an effective choice of law by theparties, by the local law of the state from whichthe passenger departs or the goods aredispatched, I&)"" with respect to theparticular issue, some other "tate has a moresignificant relationship to the contract and tothe parties.

WILLS AN# A#MINISTRATION OFESTATE

T"! T&!ri$ In #trinin% T& Pr!'r

La" F!r T& Tran$i$$i!n O/ Succ$$i!nalRi%&t$:

1. Unitar. !r Sin%l S.$t>nly one law determines transmission ofreal and personal properties

2. S'lit !r Sci$$i!n S.$t"uccession to real property is governed bythe le$ situs, while movable or personal

property is governed by law of the domicileof deceased at the time of death.

N!t: 6hilippine &aw follows the Initary"ystem (Art. 16, !e& Civil Code ).

6>6


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S.n!'$i$ !/ C!n/lict Rul$ !n Will$3Succ$$i!n and Adini$trati!n

Factual Situati!n$ P!int !/ C!ntact

E1trin$ic Validit. !/ Will$

Gade by an alienabroad

Le< nationalii> le 6hilippine

law (rt. @1=, %%8 ,> le$ loci celebrationis'Art. 1(, $ar. 1, 3CC)

Gade by a *ilipinoabroad

Le< nationalii> le be probated here but instead of provingdue e$ecution, generallyit is enough to as forthe enforcement here ofthe foreign judgment onthe probate abroad

N!t:9ills proved and allowed in a foreigncountry, according to the laws of each country ,may be allowed, filed, and recorded by the propercourt in the 6hilippines 'ule ((, Sec. 1, evisedules of Court)

E1cut!r$ and adini$trat!r$

9here appointed 6lace where domicile atdeath > in case ofnondomiciliary, whereassets are found

6owers %oe$tensive with the4ualifying or theappointing court that is

powers may bee$ercised only within theterritorial jurisdiction ofthe court concerned

N!t: These rules alsoapply to principaldomiciliary, or anciliaryadministrators andreceivers even in nonsuccession cases

Ot&r Rul$ In P&ili''in C!n/lict$ La"

Intr'rtati!n !/ Will$1. The provisions of a will shall be interpreted

in accordance with the testatorHs intention.2. +f the terms are clear and unambiguous,

the literal meaning shall control.3. >therwise, interpretation of ambiguous

words must be made in accordance withthe law which was most probably in themind of testator when he used thosewords and with which he is presumed tobe most familiar 'Sem$io-4iy, Hand%oo5on Conflict of Laws, 2* ed., $. 1*6).

;. ccording to 'ustice 6aras, the nationallaw of the deceased should apply, sincewe may reasonably presume that this was

6>8


24/30

CIVIL LAW

CONFLICT OF LAWS

the testatorHs intent 'aras, &ili$$ineConflict of Laws, 1!!6 ed., $. #6)

Rv!cati!n !/ "ill$1. +f revocation taes place in the 6hilippines,

whether the testator is domiciled in the6hilippines or in some other country, it is

valid when it is in accordance with thelaws of the 6hilippines.

2. +f the revocation taes place outside the6hilippines, by a testator who is domiciledin the 6hilippines, it is valid when it is inaccordance with the laws of the6hilippines.

3. evocation done outside the 6hilippines,by a testator who does not have hisdomicile in this country, is valid when it isdone according to the0a. &aw of the place where the will was

made, >

b. &aw of the place in which the testatorhad his domicile at the time ofrevocation.

Adini$trati!n !/ E$tat$ 6hilippine lawand procedure follow the main principle ofterritorialism. The a$iom is that the law of thedomicile governs distribution but the law of the"tate appointing the administrator or e$ecutorgoverns administration. dministration isgoverned by the law where administrationtaes place, and that is the law of the countryfrom which the administrator derives his

authority.

N!t: The dministration e$tends only to theassets of the decedent found within the stateor country where it was granted. To administerthe property situated in a foreign state, theadministrator must be reappointed, or a newone named in that state.

#i$tributi!n !/ E$tat$ regulated accordingto the national law of the person whosesuccession is under consideration (Art. 16, ar.2, !CC)

dministration granted in the country of thedeceasedHs last domicile is called 6+%+6&/>G+%+&+J /G++"TT+>!administration in other countries where thedeceased also left properties, is called%+&&J /G++"TT+>.

s held by the "upreme %ourt in 9aya v.enuet Consolidated, 7nc. 26 SCA 2*2, thedomiciliary administration of the estate of adeceased merican citizen in the I.". has nopower over and is not entitled to the

possession of the stoc certificates of sharesof stoc owned by the deceased in a

6hilippine corporation, which certificates mustbe delivered to the ancillary administration ofthe deceasedHs estate in the 6hilippines, to beadministered by the latter in the nature ofassets of the deceased liable for his debt or tobe distributed among his heirs.'Sem$io-4iy,Hand%oo5 on Conflict of Laws, 2* ed., $.

1*!).

0!l!%ra'&ic "ill$s for a holographic will, which must beentirely written, dated, and signed by the handof the testator himself, it is subject to no otherform and may be made in or out of the6hilippines, and need not be witnessed 'Art/1, 3CC) 'Sem$io-4iy, Hand%oo5 on Conflictof Laws, 2* ed., $. 1*#).

C!n/lict Rul$ i/ a Pr$!n #i$ Int$tat+f the person dies intestate, civil law countries

lie the 6hilippines follows the national law.9hile common law countries follow the split orscission system, the le< domicilii of thedeceased at the time of death applies withrespect to personality, while the le< situsapplies with respect to real property 'Sem$io-4iy, Hand%oo5 on Conflict of Laws, 2* ed.,$. 1**).

CA#UCIAR* RI20TSThe "tate is the last heir of a deceasedperson. :ence, the "tate succeeds to theproperties left by the said deceased as an heir.

TORTS

Le< loci delicti comissi or law of the placewhere the alleged tort was committed willgovern.

CONCEPTS OF PLACE OF WRON2 (LocusDelicti.1. Plac !/ in-ur.(C!!n La" C!nc't)

loos to the place where the last eventnecessary to mae an actor liable for an

alleged tort occurs.

+t adheres to the vested rights theory inthat if the harm does not tae place thenthe tort is not completed. 'Co+uia, Conflictof Laws, 2 ed. $. *!)

2. Plac !/ c!nduct (Civil La" Rul) views the situsof torts as the place wherethe tortuous act was committed.

This is premised on the principle that thelegality or illegality of one7s act should be

determined by the law of the state where

6>9


25/30



he is at the time he does the act. 'Co+uia,Conflict of Laws, 2 ed. $. *!)

3. M!$t Sub$tantial C!nncti!n T&!r.(T&!r. !/ #r+ Rabl) thelocus delicti isdetermined by the place where theimportant and substantial acts leading to

the tortuous act were committed.

O,LI2ATION T0EOR*The tortuous act gives rise to an obligation,which is transitory and follows the personcommitting the tortuous act and may beenforced wherever he may be found.

MO#ERN T0EORIES IN #ETERMININ2LIA,ILIT* FOR TORTS1. T&!r. !/ M!$t Si%ni/icant Rlati!n$&i'

n action for tort may be filed in thecountry where it has the most significant

relationship. +n determining the state whichhas the most significant relationship, thefollowing factors are to be taen intoaccount0a.6lace where the injury occurred!b.6lace of conduct causing the injury!c./omicile, residence, nationality, place of

incorporation and place of business ofthe parties! and

d.6lace where relationship between theparties is centered.

-ives controlling effect to the law of the

jurisdiction which, because of itsrelationship or contact with the occurrenceor the parties, has the reatest concernwith the specific issue of the case.

2. T& Intr$t


26/30


27/30




unlawfully taen fromthe victim (not the placeto which the criminalwent after thecommission of thecrime8

)stafa or swindlingthrough falserepresentations

9here the object of thecrime was received (notwhere the falserepresentations weremade8

%onspiracy to committreason, rebellion, orsedition (N!t0 otherconspiracies are notpenalized by our laws8

9here the conspiracywas formed (not wherethe overt act of treason,rebellion or sedition wascommitted

&ibel9here published orcirculated

%ontinuing crimesny place where theoffense begins, e$ists,or continues

%omple$ crimesny place where any ofthe essential elementsof the crime too place

N!t: The 6hilippines follows as a general rulethe T)+T>+& T:)>J! by way ofe$ception, we also occasionally and in theproper cases mae use of the 6>T)%T+5)T:)>J.

,USINESS ASSOCIATIONS

S*NOPSIS OF CONFLICTS RULES ONU#ICIAL PERSONS


C!r'!rati!n$

6owers and liabilities -eneral ule0 the lawof the place ofincorporation

)$ceptions0a. *or constitutionalpurposes even ifthe corporation wasincorporated in the6hilippines, it is notdeemed a *ilipinocorporation andtherefore cannotac4uire land,e$ploit our naturalresources, andoperate publicutilities unless =AMof the capital is*ilipino owned (or

merican owned


because of the6arity

mendment8.Art.77, Secs. 2, 1,11, 1!/(Constitution!

b. *or wartimepurposes here,we pierce the veilof corporate identityand go to thenationality of thecontrollingstocholders todetermine if acorporation is anenemy corporationor not (the%>T>& T)"T8.

4oris 8isn5i$ v.&il. 9rust Co., L-#/6!, Jan. #1,1!2

*ormation of thecorporation (re4uisites8!ind of stocs! transferof stocs to bind thecorporation! issuance,amount, and legality ofdividends! powers andduties of members,stocholders, andofficers

&aw of the place ofincorporation

5alidity of corporateacts and contracts(including ultra-viresacts8

&aw of the place ofincorporation and law ofthe place ofperformance (the act orcontract must beauthorized by >T:&9"8

ight to sue andamenability to courtprocesses and suitsagainst it

Le< fori

Ganner and effect ofdissolution

&aw of the place ofincorporation provided

that the public policy ofthe forum is notmitigated against

/omicile

+f not fi$ed by the lawcreating or recognizingthe corporation or byany other provision the domicile is where itsleghal representation isestablished or where ite$ercises its principalfunctions 'Art. 1, CivilCode)

eceivers (appointmentand powers8

6rincipal receiver isappointed by the courts

6>


28/30

CIVIL LAW

CONFLICT OF LAWS


N!t0 Theories on the6ersonal or -overning&aw of %orporationsa. &aw of the place of

incorporation (this

is generally the6hilippine ule8

b. &aw of the place orcenter ofmanagement(centre ofadministration orseige social8(central officeprinciple8

c. &aw of the place ofe$ploitation(e$ploitation centreor seiee

d@e)KT)"+5) withthe authority if theappointing court8.

Partnr$&i'

The e$istence or none$istence of legalpersonality of the firm!capacity to contract!liability of the firm andthe partners to thirdpersons

The personal law of thpartnership that is the law of the placewhere it was created.(See Art. 1 Code ofCommerce8. ("ubject,however, to thee$ceptions given aboveas in the case ofcorporations8.

%reation of branches in

the 6hilippines! validlyand effect of branchesHcommercial transaction!and the jurisdiction ofcourts

6hilippine &aw (law ofthe place where thebranches were created8'See Art. 1, Code ofCommerce)

/issolution, winding up,and termination ofbranches in the6hilippines

6hilippine &aw 'See Art.1, Code of Commerce)

/omicile

The place where theirlegal representation isestablished or wherethey e$ercise their

principal functions.

eceivers

6hilippine law insofar asthe assets in the6hilippines areconcerned (authority ofsuch receivers can bee$ercised as such onlyin the 6hilippines

F!undati!n$

*oundations(combination of capitalindependent ofindividuals, usually not

for profit8

6ersonal law of thefoundation (place of theprincipal center of

administration8.

CORPORATION PARTNERS0IP T0EORIESON T0E PERSONAL OR 2OVERNIN2 LAWOF A CORPORATION1. The personal law is the law of the place of

incorporation!2. The personal law is the law of the place or

center of management 'central office

principle8! and3. The personal law is the place of

e$ploitation

RULE FOLLOWE# IN T0E P0ILIPPINES

2nral Rul:6lace of incorporation rule

E1c'ti!n$:1. %onstitutional and "tatutory estrictions

(Art. 8++, 1"$ Constitution)

2. %ontrol test during war courts maypierce the veil of corporate identity and

loo into the nationality of stocholders todetermine citizenship of the corporation

T& La" !/ t& Plac !/ Inc!r'!rati!n i$a''licabl t! t& /!ll!"in% i$$u$:1. )$istence and the legal character of the

corporation2. %apacity and powers of the corporation3. +nternal organization of the corporate

enterprise;. lteration of the charter and the

dissolution of the corporation

#OMICILE OR RESI#ENCE OF FOREI2NCORPORATIONS9hen not fi$ed by the law creating them, itshall be understood to be the place wheretheir legal representation is or where theye$ercise their principal functions.

Validit. !/ C!r'!rat Act$ and C!ntract$To be valid and binding, corporate acts orcontracts must be authorized both by01. the law of the place of incorporation! and2. the law of the place of performance.

>therwise, their validity is doubtful and it maynot be given effect, without prejudice to theprinciple of estoppel.

N!t: foreign corporation granted license tooperate in the 6hilippines ac4uires domicilehere.

URIS#ICTION OVER FOREI2NCORPORATIONSC!n$nt #!ctrin 7


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12(, and 12/ of t&e Cor$oration Code of the6hilippines

N!t: ll foreign corporations lawfully doingbusiness in the 6hilippines shall be bound byall laws, rules and regulations applicable todomestic corporations )K%)6T provisions on

the creation, formation, organization ordissolution of corporations or those which fi$the relations, liabilities, responsibilities orduties of stocholders, members or officers ofthe corporation to each other.

foreign corporation may sue and be sued inthe 6hilippines if it has the necessary licenseto do business here 'Sec. 12#, Cor$orationCode).

0!" $u!n$ $rvd"ervice of summons upon foreign corporations

doing business in the 6hilippines may bemade on01. +ts resident agent!2. +n the absence thereof, on the government

official designated by law or any of itsofficers or agent within the 6hilippines!

3. >n any officer or agent of said corporationin the 6hilippines! and

;. Through diplomatic channels.

Ri%&t !/ a F!ri%n C!r'!rati!n t! brin% $uit#eneral $ule' o foreign corporationtransacting business in the 6hilippines without

a license, or its successors or assigns, shallbe permitted to maintain or intervene in anyaction, suit or proceeding in any court oradministrative agency of the 6hilippines! butsuch corporation may be sued or beproceeded against before 6hilippine courts oradministrative tribunals on any valid cause ofaction recognized under the 6hilippine laws(Sec. 133, Cororation Code). c4uisition by aforeign corporation of a license to transactbusiness in the 6hilippines is an essentialprere4uisite for the filing of suits before courts.

!xceptions'1. +solated transactions!2. ction to protect trademar, trade name,

goodwill, patent or for unfair competition!3. greements fully transacted outside the

6hilippines!;. 6etition filed is merely a corollary defense

in a suit against it!=


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CIVIL LAW

CONFLICT OF LAWS

R;ui$it$ /!r Rc!%niti!n !r En/!rcnt:1. +t must be a judgment in a judicial or

4uasijudicial action issued by an impartialcourt of competent jurisdiction!

2. The defendant has been given reasonablenotice and opportunity to be heard!

3. The foreign judgment must have disposed

of the controversy on the merits!;. +t must not be barred by prescription both

in the "tate where it was promulgated andwhere it is sought to be enforced!

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