CONFLICTS OF LAWS; Definition:

1. That part of the law of each state or nation which

determines whether, in dealing with a legal
situation, the law or some other state or nation will
be recognized, given effect, or applied (16 Am Jur,
2d, Conflict of Laws, 1).
2. That part of 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/s (Paras).
DISTINGUISHED FROM PUBLIC
INTERNATIONAL LAW

BASIS

CONFLICT OF LAW

Nature

Municipal in character

Persons involved

Dealt with by private

individuals; governs
individuals in their private
transactions which involve a
foreign element
Private transactions between
private individuals

LAW

Internationa

Transactions
3 involved
Remedies and
4 Sanctions

Sovereign s
possessing i
personality,
states in the
themselves
Generally a
interest; tho
interest only
Resort to municipal tribunals May be pea

Peaceful: in
negotiation,
good offices

conciliation
settlement b
regional age

Forcible: in
diplomatic r
reprisals, em
intercourse,
collective m
Charter, and

SOURCES:
Direct:
1. Constitutions
2. Codifications
1. Special Laws
2. Treaties and Conventions
3. Judicial Decisions
4. International Customs
Indirect:
1. Natural moral law
1. Work of writers

TERMS:
Lex Domicilii law of the domicile; in conflicts, the law of
ones domicile applied in the choice of law questions
Lex Fori law of the forum; that is, the positive law of the
state, country or jurisdiction of whose judicial system of the
court where the suit is brought or remedy is sought is an
integral part. Substantive rights are determined by the law

where the action arose (lex loci) while the procedural rights
are governed by the law of the place of the forum (lex fori)
Lex Loci law of the place
Lex Loci Contractus the law of the place where the
contract was made or law of the place where the contract is
to be governed (place of performance) which may or may
not be the same as that of the place where it was made
Lex Loci Rei Sitae law of the place where the thing or
subject matter is situated; the title to realty or question of
real estate law can be affected only by the law of the place
where it is situated
Lex Situs law of the place where property is situated; the
general rule is that lands and other immovables are
governed by the law of the state where they are situated
Lex Loci Actus law of the place where the act was done
Lex Loci Celebrationis law of the place where the
contract is made
Lex Loci Solutionis law of the place of solution; the law
of the place where payment or performance of a contract is
to be made
Lex Loci Delicti Commissi law of the place where the
crime took place
Lex Mereatoria law merchant; commercial law; that
system of laws which is adopted by all commercial nations
and constitute as part of the law of the land; part of
common law

Lex Non Scripta the unwritten common law, which

includes general and particular customs and particular local
laws
Lex Patriae national law
Renvoi Doctrine doctrine whereby a jural matter is
presented which the conflict of laws rules of the forum
refer to a foreign law which in turn, refers the matter back
to the law of the forum or a third state. When reference is
made back to the law of the forum, this is said to be
remission while reference to a third state is called
transmission.
Nationality Theory by virtue of which the status and
capacity of an individual are generally governed by the law
of his nationality. This is principally adopted in the RP
Domiciliary Theory in general, the status, condition,
rights, obligations, & capacity of a person should be
governed by the law of his domicile.
Long Arm Statutes Statutes allowing the courts to
exercise jurisdiction when there are minimum contacts
between the non-resident defendant and the forum.

WAYS OF DEALING WITH A CONFLICTS

PROBLEM:
1. Dismiss the case for lack of jurisdiction, or on the
ground of forum non-conveniens
DOCTRINE OF FORUM NON CONVENIENS the
forum is inconvenient; the ends of justice would be best

served by trial in another forum; the controversy may be

more suitably tried elsewhere
1. Assume jurisdiction and apply either the law of the
forum or of another state
1. i. A specific law of the forum decrees
that internal law should apply
1. APPLY INTERNAL LAW forum law should be
applied whenever there is good reason to do so;
there is a good reason when any one of the
following factors is present:
Examples:

Article. 16 of the Civil Code real and personal

property subject to the law of the country where
they are situated and testamentary succession
governed by lex nationalii

Article 829 of the Civil Code makes revocation

done outside Philippines valid according to law of
the place where will was made or lex domicilii

Article 819 of the Civil Code prohibits Filipinos

from making joint wills even if valid in foreign
country

1. ii. The proper foreign law was not properly

pleaded and proved

NOTICE AND PROOF OF FOREIGN LAW

As a general rule, courts do not take judicial notice

of foreign laws; Foreign laws must be pleaded and
proved

Effect of failure to plead and prove foreign law (3

alternatives) of the forum court:

(a) Dismiss the case for inability to establish cause of

action
(b) Assume that the foreign law of the same as the law of
the forum
(c) Apply the law of the forum
1. The case falls under any of the exceptions to the
application of foreign law
Exceptions to application of foreign law:
(a) The foreign law is contrary to the public policy of the
forum
(b) The foreign law is procedural in nature
(c) The case involves issues related to property, real or
personal (lex situs)
(d) The issue involved in the enforcement of foreign claim
is fiscal or administrative
(e) The foreign law or judgment is contrary to good morals
(contra bonos mores)
(f) The foreign law is penal in character
(g) When application of the foreign law may work
undeniable injustice to the citizens of the forum

(h) When application of the foreign law might endanger

the vital interest of the state
2. APPLY FOREIGN LAW when properly pleaded
and proved
THEORIES WHY FOREIGN LAW SHOULD BE
GIVEN EFFECT
1. Theory of Comity foreign law is applied because
of its convenience & because we want to give
protection to our citizens, residents, & transients in
our land
2. Theory of Vested Rights we seek to enforce not
foreign law itself but the rights that have been
vested under such foreign law; an act done in
another state may give rise to the existence of a
right if the laws of that state crated such right.
3. Theory of Local Law adherents of this school of
thought believe that we apply foreign law not
because it is foreign, but because our laws, by
applying similar rules, require us to do so; hence, it
is as if the foreign law has become part & parcel of
our local law
4. Theory of Harmony of Laws theorists here insist
that in many cases we have to apply the foreign
laws so that wherever a case is decided, that is,
irrespective of the forum, the solution should be
approximately the same; thus, identical or similar
solutions anywhere & everywhere. When the goal
is realized, there will be harmony of laws
5. Theory of Justice the purpose of all laws,
including Conflict of Laws, is the dispensing of
justice; if this can be attained in may cases applying
the proper foreign law, we must do so

Rules on Status in General

Factual Situation

Point

Beginning of personality of natural person

National law of th
CC)

Ways & effects of emancipation

Same

Age of majority

Same

Use of names and surnames

Same

Use of titles of nobility

Same

Absence

Same

Presumptive death & survivorship

Lex fori (Article 4

131 5 [jj], Rules

Rules on Marriage as a Contract

FACTUAL SITUATION
Between Filipinos
Celebrated

POINT

Lex loci celebrat

prejudice to the e
Articles 25, 35 (1
38 of the Family

Abroad
Between Foreigners

incestuous marri
marriages
Lex loci celebrat
marriage is:

1. Highly im
polygamo

2. Universa
incestuou
sister, and
descenda
Mixed

Apply 1 (b) to up
marriage
Between Foreigners
National law (Ar
PROVIDED the
Celebrated in
immoral or unive
RP
incestuous)
Mixed
National law of F
public policy ma
Marriage by proxy (NOTE: a
Lex loci celebrat
marriage by proxy is considered the foregoing rul
celebrated where the proxy
appears
Rules on Marriage as a Status

FACTUAL SITUATION
Personal rights & obligations between
1 husband & wife

POINT OF

National of husband(N
subsequent change of

1. If both will ha

the new one

2. If only one wi
common natio

3. If no common
nationality of h
wedding)
Property relations bet husband & wife
2

National law of husba

what the CC provides
property located in the
(NOTE: Change of na
EFFECT. This is the D
IMMUTABILITY IN
MATRIMONIAL PR

Rules on Property

FACTUAL SITUATION
Real property
Successional rights
Exception
s
Capacity to succeed
Contracts involving
real property which
do not deal with the
title thereto
Contracts where the
real property is

POINT OF CONTACT
Lex rei sitae (Article 16,
CC)
National law of decedent
(Article 16 par. 2, CC)
National law of decedent
(Article. 1039)
The law intended will be
the proper law of the
contract (lex loci
voluntantis or lex loci
intentionis)
The principal contract
(usually loan) is governed

given as security

by the proper law oft the

contract (lex loci
voluntatis or lex loci
intentionis)NOTE: the
mortgage itself is
governed by lex rei sitae.
There is a possibility that
the principal contract is
valid but the mortgage is
void; or it may be the other
way around. If the
principal contract is void,
the mortgage will also be
void (for lack of proper
cause or consideration),
although by itself, the
mortgage could have been
valid.
Tangible personal property (choses in possession)
In General
Lex rei sitae (Article. 16,
CC)
1
Exceptions: same as EXCEPTION: same as
those for real
those for real property
property
EXCEPT that in the
example concerning
mortgage, the same must
be changed to pledge of
personal property)
Means of
2 Transportation
Vessels
Law of the flag (or in
some cases, place of
registry)
Other means
Law of the depot (storage
place for supplies or
resting place)

Things in transitu
3 (these things have a
changing status
because they move)
Loss, destruction,
deterioration
Validity & effect of
the seizure of the
goods
Disposition or
alienage of the
goods

Law of the destination

(Article. 1753, CC)
Locus regit actum (where
seized) because said
place is their temporary
situs
Lex loci volutantis or lex
loci intentionis because
here there is a contract

FACTUAL SITUATION
INTangIBLE PERSONAL PROPERTY
(CHOSES IN ACTION)
Recovery of debts or involuntary
1 assignment of debts (garnishment)
Voluntary assignment of debts
2

POINT O

Where debtor may

with summons (us

Lex loci voluntatis

(proper law of the

Other Theories:
1. National law of the debtor or creditor
2. Domicile of the debtor or creditor
3. Lex loci celebrationis

4. Lex loci solutionis

Taxation of debts

Domicile of credit

Administration of debts

Lex situs of assets

assets can be held

4
Negotiability or non-negotiability of an
5 instrument

The right embodie

example, in the ca
exchange, Swedis
negotiability)
Validity of transfer, delivery or negotiation In general, situs of
time of transfer, d
6 of the instrument
Effect on a corporation of the sale of
7 corporate shares

Law of the place i

Effect between the parties of the sale of

8 corporate shares

Lex loci voluntatis

(proper law of the
really a contract; u
where the certifica
Law of the place o

Taxation on the dividends of corporate

9 shares
Taxation on the income from the sale of
10 corporate shares
Franchises

Law of the place w

consummated

Law of the place t

11
Goodwill of the business & taxation
12 thereto

Law of the place w

carried on

Patents, copyrights, trademarks, trade

13 names

In the absence of a
protected only by
themNOTE: foreig
infringement of tra
names in the RP O
granted reciprocal
of the foreigners

Wills, Succession & Administration of Conflict Rules

FACTUAL SITUATION
Extrinsic Validity of Wills
Made by an alien abroad
1
Made by a Filipino abroad
2
Made by an alien in the RP
3

POINT O

Lex nationalii OR l
(Article 816, CC), O
celebrationis (Artic
Lex nationalii OR l
(Article 815)

Lex nationalii OR l
(Article 817)

FACTUAL SITUATION
Extrinsic Validity of Joint Wills (made in the same
instrument)

POINT

Made by Filipinos abroad

Lex nationalii (v
where made) (A

Made by aliens abroad

Valid if valid ac
or lex loci celeb

Made by aliens in the RP

Lex loci celebra

even if apparent
817 because the
wills is a clear e
policy
Lex nationalii o
regardless of the
NATURE of the
(2))
Lex nationalii o
the heir (Article

Intrinsic Validity of Wills

Capacity to Succeed
Revocation of Wills
If done in the RP
1

Lex loci actus (o

(Article. 829)

If done OUTSIDE the RP

2
1. By a NON-DOMICILIARY

1. By a DOMICILIARY of the RP
Probate of Wills Made Abroad
If not yet probated abroad
1

If already probated abroad

2

Lex loci celebra

the will, NOT re
domicilii (Articl
Lex domicilii (R
actus (of the rev

Lex fori of the R

procedural aspe
fully probated h
must be shown
Lex fori of the R
the procedural a

probated here, b
due execution, g
ask for the enfor
foreign judgmen
Executors and Administrators
Where appointed
1
Powers
2

Place where dom

incase of non-do
are found
Co-extensive wi
appointing cour
exercised within
jurisdiction of th
concernedNOTE
to principal, dom
administrators &
successive cases

Rules on Obligation and Contracts

FACTUAL SITUATION
Formal or Extrinsic Validity

POINT

Lex loci celebrat

Exceptions

Lex situs (Article

1. Alienation & encumbrance of property

1. Consular contracts
Capacity of Contracting Parties

Law of the RP (i
consulates)

National law (Ar

prejudice to the c
Government v F
the SC adhered t

celebrationis
Exception
Alienation & encumbrance of property
Intrinsic validity (including interpretation of the
instruments, and amt. of damages for breach)

Lex situs (Articl

Proper law of the
contractus (in th
the lex voluntatis

Other Theories are:

1. Lex loci celebrationis (defect: this makes possible the evasio

2. Lex nationalii (defect: this may impede commercial transact

3. Lex loci solutionis (law of the place of performance) (defect

places of performance
4. Prof Minors solution:
5. Perfection lex loci celebrationis
6. Cause or consideration lex loci considerations

7. Performance lex loci solutionis (defect: this theory combin

others)

Rules on Torts

FACTUAL SITUATION

POINT OF C

Liability & damages for torts in

Lex loci delicti (law of the
generalNOTE: The locus delicti (place was committed)NOTE: lia
of commission of torts) is faced by the may be enforced in the RP
problem of characterization. In civil law
countries, the locus delicti is generally
1. The tort is not pen
where the act began; in common law
countries, it is where the act first became

effective

2. If the enforcement
wont contravene o

3. If our judicial mac

such enforcement

Rules on Crimes

FACTUAL SITUATION
Essential elements of a crime and penalties

POINT O

Generally where co
actum)

Theories as to what court has jurisdiction:

1. Territoriality theory where the crime was committed

2. Nationality theory country which the criminal is citizen or

3. Real theory any state whose penal code has been violated h
the crime was committed inside or outside its territory

4. Protective theory any state whose national interests may be

jurisdiction so that it may protect itself

5. Cosmopolitan or universality theory state where the crimin

has his custody has jurisdiction
6. Passive personality theory the state of which the victim is
jurisdiction

NOTE: In the RP, we follow the territoriality theory in general; exc

stresses the protective theory
The locus delicti of certain crimes

Frustrated an consummated, homicide,

1 murder, infanticide & parricide
Attempted homicide, etc.
2

Bigamy

Where the victim w

the aggressor wield

Where the intended

the aggressor was s
weapon or the bulle
fell inside the territo
Where the illegal m

3
Theft & robbery
4

Estafa or swindling thru false

5 representation
Conspiracy to commit treason, rebellion,
6 or seditionNOTE: Other conspiracies are
NOT penalized by our laws
Libel
7

Where the property

from the victim (no
criminal went after
crime)
Where the object of
(not where the false
made)
Where the conspira
where the overt act
sedition was comm
Where published or

Continuing crime

Any place where th

or continues

Complex crime

Any place where an

elements of the crim

Rules on Juridical Persons

FACTUAL SITUATION
Corporations

POINT OF C

Powers and liabilities

General rule: the law of the

incorporationEXCEPTIONS

1. For constitutional pu
corporation was inco
nor deemed a Filipin
therefore cant acqui
natural resources, 7
unless 60% of capita

2. For wartime purpose

corporation veil & g
the controlling stock
the corporation is an
TEST)

Formation of the corporation

Law of the place of incorpo
(requisites); kind of stocks, transfer
3.
of stocks to bind the corporation,
issuance, amount & legality &
dividends, powers & duties of
members, stockholders and officers
Validity of corporate acts &
Law of the place of incorpo
contracts (including ultra vires acts) place of performance (the a
authorized by BOTH laws)
Right to sue & amenability to court Lex fori
processes & suits against it
Manner & effect of dissolution
Law of the place of incorpo
public policy of the forum i
Domicile
If not fixed by the law creat
corporation or by any other
domicile is where it is legal
established or where it exer
functions (Article. 15)
Receivers (appointment & powers) Principal receiver is appoint
state of incorporation; ancil
courts of any state where th

(authority is CO-EXTENSI
the appointing court
5

NOTE: Theories on the personal and/or governing law of corporatio

1. Law of the place of incorporation (this is generally the RP ru

2. Law of the place or center of management (center for admin

(center office principle)

3. Law of the place of exploitation (exploitation centre or siege

Partnerships
The existence or non-existence of
legal personality of the firm; the
capacity to contract; liability of the
firm & the partners to 3rd persons
Creation of branches in the RP;
validity & effect of the branches
commercial transaction; & the
jurisdiction of the court
Dissolution, winding up, &
termination of branches in the RP
Domicile

The personal law of the part

the place where it was creat
Code of Commerce) (Subje
given above as in the case o
RP law (law of the place wh
created) (Article 15, Code o

RP law (Article 15, Code of

If not fixed by the law creat

partnership or by any other
domicile is where it is legal
established or where it exer
functions (Article. 15)
Receivers
RP law insofar as the assets
concerned can be exercised
Foundations (combination of capital Personal law of the foundat
independent of individuals, usually not center of administration)
for profit)