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CONFLICT OF LAWS OR PRIVATE INTERNATIONAL LAW which in general are of

-is that part of the municipal law of a state which directs interest only to sovereign
its courts and administrative agencies, when confronted states
with a legal problem involving a foreign element, The remedy sought here The remedy may be
whether or not they should apply a foreign law or foreign is to resort to municipal peaceful of forcible.
laws. tribunals and
administrative tribunals
Four elements:
1. Conflict of laws is part of municipal law of a state
-it is not international in character but given an the Sources of conflict of laws
appellation of international law because of  Indirect sources
presence of foreign element. 1. Natural or moral law
2. There is a directive to courts and administrative 2. Work of writers
agencies  Direct sources
-it is the judicial tribunals of the country that are 1. Constitution
ultimately called upon to decide or resolve 2. Codification
“conflict” problems. Various agencies like DFA or 3. Special laws
BOI, SEC may decide PRELIMINARILY a given 4. Treaties and conventions
controversy. 5. Judicial decisions
3. There is a legal problem involving a foreign 6. International customs
element
-without a foreign element then it is not a JURISDICTION
question calling for private international law -Is the authority of a tribunal to hear and decide a case.
4. There is an application or a non application of a -Right of the state to exercise its authority over persons
foreign law or foreign laws ( and up to what and things within its boundaries.
extent)
-when out courts are confronted with a conflicts Kinds of Jurisdiction
problem over which they may have jurisdiction ( and 1. Jurisdiction over subject matter
are willing to assume jurisdiction), the solution will 2. Jurisdiction over the person
have to be found in the application of either the local 3. Jurisdiction over the res
law or the foreign law
-“foreign system of law” may include not only the law Jurisdiction over the subject matter
of foreign states but also the law of political Is conferred by law and is defined as the authority of a
subdivisions which have their own legal system. court to hear and decide cases of the general class to
e.g. insofar as state of California is concerned , which the proceedings in question belong.
the laws of new york or Hawaii or Texas are “foreign *consent of the parties on this point is of no consequence,
laws” only the law confers it, and only the law may change it.
**Note: when effect is given to a foreign law in any *if the allegations in the compliant show prima facie a lack
territory, it is only because the municipal law of the of jurisdiction, the court must dismiss without the need for
state temporarily abdicates its supreme authority in a preliminary hearing.
favor of the foreign law, which for the time being, with *if the complaint, on its face reveals the presence of
reference to that particular matter, becomes itself, by jurisdiction, trial in the meantime must be held.
the will of that state, a municipal law.
Jurisdiction over the person
Importance of COL Is the power of the court to render a judgment that will be
A. To adjust conflicting rights in international, binding on the parties involved: plaintiff and the
mercantile and corporate transactions defendant.
B. To solve personal, family, property, and
successional contractual problems, possessed of Jurisdiction over plaintiff
facts or elements operating in two or more -acquired from the moment he institutes the action by the
states. proper pleading.

Conflict of laws vs Law of nations Jurisdiction over the person of the defendant
Municipal in character International in character -acquired through:
Dealt in by private Parties involved are 1. Voluntary appearance (Rule 14, Sec 23 Rules of
individuals sovereign states and Court)
other entities possessed -voluntary submission to the jurisdiction of the
of an international court EXCEPT if the precise purpose of
personality appearance is to question the jurisdiction of the
Transactions are private Transactions entered into court over his person.
ones between private which generally affects
individuals public interest; those

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***Note: an appearance by motion, by answer or RESIDENT DEFENDANT NON-RESIDENT

by simple manifestation of appearance whether DEFENDANT
in person or through an attorney is sufficient. Voluntary Appearance Voluntary appearance
Valid service of summons Valid service of Summons
2. Personal or substituted service of summons
1. Personal service, or in the Philippines
(Rule 14, Sec 7 and 8, Rules of Court)
tender of summon
2.Substituted service
**Note: referred to as the COERCIVE process in the
Residence-(Age, discretion,
manner provided by law
residing therein)
Office( in-charge,
Personal Service.
competent)
-The summon shall be served bu handing a copy
In personam actions In persona, actions, No
thereof to the defendant in person, or if he refuses to
Gen rule: no summons by summons by publication
receive it, by tendering it to him.
publication (NO EXEMPTION!))
-may be made at night, day, on a Sunday or holiday
Exemptions:
because it is ministerial in character.
1. Sec 14 Rule 14,
Defendant whose
Substituted Service
identity is
-if the defendant cannot be served within a reasonable
unknown
time, service may be effected by:
2. Sec 16, Rule 14
a) Leaving copies of the summons at the
Ordinarily residing
defendant’s dwelling or residence with some
but temporarily
person of suitable age and discretion residing
out of the
therein
Philippines (with
b) By leaving copies at the defendant’s office or
leave of court)
regular place of business with some
Through
competent person in charge
-substituted
**Note: the question of erroneous service shall be raised
service
before judgment is rendered, otherwise deemed waived
-publication
**defective service may be cured by actual receipt of the
When is Extraterritorial
summons by the defendant, or if in any manner,
Service allowed?
knowledge of the existence of the case should come to the
Requisites:
attention of the defendant himself.
 Non resident
 Not found in the
Effect of summons by publication
Philippines
- Good only if the action is in rem or quasi in rem
 Actions in Rem
or involves a personal status of the plaintiff
By:
- If the action is in personam, summons by
 Service in person
publication would not be sufficient whether or not
out of the Phil
defendant is in the Philippines.
 Any other manner
that court may
Jurisdiction over the Res
deem sufficient
-subject matter in controversy, regardless of the person
 Publication
who may be interested thereon. Said jurisdiction may for
instance be acquired by coercive seizure of the property
Question: are all in rem actions real action?
by attachment proceedings.
Answer: No. Actions involving personal status like
annulment of marriage is a personal action but an action
Action quasi in rem
in Rem. Action for reconveyance,, real action but in
-purpose is neither to impose a personal liability or
personam
obligation upon anyone nor to affect the interest of all
person in a thing, but to affect the interests of a particular
Question: how can one acquire jurisdiction over the person
persons in a thing.
of a foreigner defendant not residing in the Philippines
I.e. foreclosure of mortgage, partition of land, action to
involving an action in personam
quiet title, actions pertaining to legal status.
Answer: only by voluntary appearance
Action in Rem
Question: can our court have jurisdiction to award
-affects the interest of ALL persons in a thing not just
damages in an action in rem?
interest of specific people. Bind the whole world.
Answer: no. Damages is an action in personam,
enforceable only upon the party concerned not the whole
world.

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In Hasegawa v. Kitamura, the Court outlined three Briefly, in an action in personam where the defendant is a
consecutive phases involved in judicial resolution of non-resident, substituted service of summons does not
conflicts-of-laws problems, namely: apply. However, by way of exception, substituted service
 jurisdiction, of summons may be effected, if the following requisites
 choice of law, and are present:
 recognition and enforcement of judgments.
Thus, in the instances where the Court held that the local 1. The summons is served to the spouse of the
judicial machinery was adequate to resolve controversies defendant
with a foreign element, the following requisites had to be 2. The spouse must be residing in the Philippines
proved: 3. The spouse is appointed as attorney-in-fact of the
(1) that the Philippine Court is one to which the parties spouse defendant in a previous case involving the non-
may conveniently resort; resident spouse
(2) that the Philippine Court is in a position to make an
intelligent decision as to the law and the facts; and CASE: raytheon international vs rouzie
(3) that the Philippine Court has or is likely to have the FACTS
power to enforce its decision. Brand Marine Services, Inc. (BMSI), a corporation duly
organized & existing under the laws of Connecticut,
CASE: Gemperle vs Schenker &Stockton Rouzie, Jr., an American citizen, entered into a
Facts: contract
This case was the result of William Gemperle’s
retaliatory act when respondent spouses Paul and Helen BMSI hired Rouzie as its representative to negotiate the
Schenker filed a case against him for the enforcement of sale of services in several government projects in
Schenker's allegedly initial subscription to the shares of thePhilippines for an agreed remuneration of 10% of the
stock of the Philippines-Swiss Trading Co., Inc. and the gross receipts.
exercise of his alleged pre-emptive rights to the then
unissued original capital stock of said corporation and the Rouzie secured a service contract w/ the Rep. of Phil. on
increase thereof, as well as for an accounting and behalf of BMSI for the dredging of rivers affected by the
damages. Petitioner alleged that the said complaint Mt.Pinatubo eruption & mudflows.
tainted his name as a businessman. He then filed a
complaint for damages and prays for the retraction of Rouzie filed before the NLRC a suit against BMSI and Rust
statements made by Helen Schenker. International (Rust) for alleged nonpayment of
Summons was personally served to Helen Schenker commissions, illegal termination, & breach of employment
but not to Paul Schenker. Helen then filed an answer with contract.
a counterclaim, but Paul Schenker filed a motion to dismiss
arguing that the court never acquired jurisdiction over his The Labor Arbiter ordered BMSI & Rust to pay Rouzie’s
person since admittedly, he is a Swiss citizen, residing in money claims.
Zurich, Switzerland, and has not been actually served with
summons in the Philippines. Upon appeal, the NLRC reversed & dismissed Rouzie’s
Issue: complaint on the ground of lack of jurisdiction.
Whether or not the court acquired jurisdiction over
the person of Paul Schenker. Rouzie filed an action for damages before the RTC of La
Ruling: Union (where he was a resident) against Raytheon
Yes, although as a rule, when the defendant is a International. He reiterated that he was not paid the
non-resident and in an action in personam, jurisdiction commissions due him from the Pinatubo dredging project
over the person of the defendant can be acquired only w/c hesecured on behalf of BMSI. The complaint also
through voluntary appearance or personal service of averred that BMSI, RUST and Raytheon had combined &
summons. But this case is an exception to the said rule. functioned as 1 company.
The Supreme ratiocinated:
RAYTHEON SOUGHT THE DISMISSAL OF THE COMPLAINT
“We hold that the lower court had acquired jurisdiction ON THE GROUNDS OF:
over said defendant, through service of the summons  FAILURE TO STATE ACAUSE OF ACTION &
addressed to him upon Mrs. Schenker, it appearing from  FORUM NON CONVENIENS & PRAYED FOR
said answer that she is the representative and attorney-in- DAMAGES BY WAY OF COMPULSORY
fact of her husband aforementioned civil case No. Q-2796, COUNTERCLAIM.
which apparently was filed at her behest, in her THE RTC DENIED RAYTHEON’S MOTION. THE CA
aforementioned representative capacity. In other words, AFFIRMED.
Mrs. Schenker had authority to sue, and had actually sued
on behalf of her husband, so that she was, also, Raytheon’s contention: The written contract between
empowered to represent him in suits filed against him, Rouzie & BMSI included a valid choice of law clause, that
particularly in a case, like the of the one at bar, which is is, that the contract shall be governed by the laws of the
consequence of the action brought by her on his behalf.” State of Connecticut. It also mentions the presence of
foreign elements in the dispute, namely that the parties &
witnesses involved are American corporations & citizens &
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the evidence to be presented is located outside the

Philippines, that renders our local courts inconvenient Moreover, the propriety of dismissing a case based on the
forums. The foreign elements of the dispute necessitate principle of forum non conveniens requires a factual
the immediate application of the doctrine of forum non determination; hence, it is more properly considered as a
conveniens. matter of defense. While it is w/c the discretion of the trial
court to abstain from assuming jurisdiction on this ground,
ISSUES it should do so only after vital facts are established, to
a) W/N the RTC had jurisdiction. determine whether special circumstances require the
b) W/N the complaint should be dismissed on the court’s desistance.
ground of forum non conveniens.
Case: Idonah slade perkins vs Dizon
RULING Facts:
respondent instituted an action against Benquet
(a) YES. Consolidated minung for shares of stock registered under
On the matter of jurisdiction over a conflicts-of-laws hos name, pay,ent of which was allegedly withheld. Th
problem where the case is filed in a Philippine court and company answered contending that the non recognition of
where the court has jurisdiction over the subject matter, rights was due to conflicting demands with herein
the parties and the res, it may or can proceed to try the petitioner and a certain george engelhard, a non resident
case even if the rules of conflict-of-laws or the convenience foreigner. Trial court ordered respondent to include
of the parties point to a foreign forum. This is an exercise Perkins and Engelhard in complaint. The complaint was
of sovereign prerogative of the country where the case is amended and summons were made via publication.
filed.
Issue:
Jurisdiction over the nature and subject matter of an action whether or not the Court of First Instance of Manila has
is conferred by the Constitution and the law & by the acquired jurisdiction over the person of the present
material allegations in the complaint, irrespective of w/n petitioner as a non-resident defendant, or,
the plaintiff is entitled to recover all or some of the claims notwithstanding the want of such jurisdiction, whether or
or reliefs sought therein. The case file was an action for not said court may validly try the case.
damages arising from an alleged breach of contract.
Undoubtedly, the nature of the action and the amount of Ruling:
damages prayed are w/in the jurisdiction of the RTC. Section 398 of our Code of Civil Procedure provides that
when a non-resident defendant is sued in the Philippine
As regards jurisdiction over the parties, the RTC acquired courts and it appears, by the complaint or by affidavits,
jurisdiction over Rouzi upon the filing of the complaint. On that the action relates to real or personal property within
the other hand, jurisdiction over the person of Raytheon the Philippines in which said defendant has or claims a lien
was acquired by its voluntary appearance in court. or interest, actual or contingent, or in which the relief
demanded consists, wholly or in part, in excluding such
That THE SUBJECT CONTRACT INCLUDED A STIPULATION person from any interest therein, service of summons
THAT THE SAME SHALL BE GOVERNED BYTHE LAWS OF THE maybe made by publication.
STATE OF CONNECTICUT DOES NOT SUGGEST THAT THE
PHILIPPINE COURTS, OR ANY OTHER FOREIGN TRIBUNAL In the instant case, there can be no question that the action
FOR THAT MATTER, ARE PRECLUDED FROM HEARING THE brought by Eugene Arthur Perkins in his amended
CIVIL ACTION. complaint against the petitioner, Idonah Slade Perkins,
seeks to exclude her from any interest in a property located
JURISDICTION & CHOICE OF LAW ARE 2 DISTINCT in the Philippines. That property consists in certain shares
CONCEPTS. Jurisdiction considers whether it is fair to cause of stocks of the Benguet Consolidated Mining Company.
a defendant to travel to this state; choice of law asks the The situs of the shares is in the jurisdiction where the
further question whether the application of a substantive corporation is created, whether the certificated evidencing
law which will determine the merits of the case is fair to the ownership of those shares are within or without that
both parties. The choice of law stipulation will be come jurisdiction. Under these circumstances, we hold that the
relevant only when the substantive issues of the instant action thus brought is quasi in rem, for while the
case develop, that is, after hearing on the merits proceeds judgement that may be rendered therein is not strictly a
before the trial court. judgment in rem, "it fixes and settles the title to the
property in controversy and to that extent partakes of the
(b) NO. nature of the judgment in rem.
UNDER THE DOCTRINE OF FORUM NON CONVENIENS, A
COURT, IN CONFLICTS-OF-LAWS CASES, MAY Petitioner contends that the proceeding instituted against
REFUSE IMPOSITIONS ON ITS JURISDICTION WHERE IT IS her is one of interpleading and is therefore an action in
NOT THE MOST “CONVENIENT” OR AVAILABLE FORUM personam. Section 120 of our Code of Civil Procedure
AND THE PARTIES ARE NOT PRECLUDED FROM SEEKING provides that whenever conflicting claims are or may be
REMEDIES ELSEWHERE. Raytheon’s averments of the made upon a person for or relating to personal property,
foreign elements are not sufficient to oust the RTC of its or the performance of an obligation or any portion thereof,
jurisdiction over the case and the parties involved. so that he may be made subject to several actions by
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different persons, such person may bring an action against her employer under Art. 21 of the Civil Code which should
the conflicting claimants, disclaiming personal interest in govern.
the controversy, and the court may order them to
interplead with one another and litigate their several HELD:
claims among themselves, there upon proceed to YES.Where the factual antecedents satisfactorily establish
determine their several claims. the existence of a foreign element, the problem could
present a "conflicts" case
Here, The Benguet Consolidated Mining Company, in its A factual situation that cuts across territorial lines and is
answer to the complaint filed by Eugene Arthur Perkins, affected by the diverse laws of two or more states is said to
averred that in connection with the shares of stock in contain a "foreign element".
question, conflicting claims were being made upon it by o Morada is a resident Philippine national
said plaintiff, Eugene Arthur Perkins, his wife Idonah Slade o SAUDIA is a resident foreign corporation
Perkins, and one named George H. Engelhard, and prayed  by virtue of the employment of Morada with the
that these last two be made parties to the action and SAUDIA as a flight stewardess, events did transpire
served with summons by publication, so that the three during her many occasions of travel across national
claimants may litigate their conflicting claims and settle borders, particularly from Manila, Philippines to
their rights among themselves. The court has not issued an Jeddah, Saudi Arabia, and vice versa, that caused a
order compelling the conflicting claimants to interplead "conflicts" situation to arise
with one another and litigate their several claims among
themselves, but instead ordered the plaintiff to amend his Forms of foreign element:
complaint including the other two claimants as parties  Simple
defendant. The plaintiff did so, praying that the new one of the parties to a contract is an alien or has a
defendants thus joined be excluded fro any interest in the foreign domicile, or that a contract between
shares in question, and it is upon this amended complaint nationals of one State involves properties situated
that the court ordered the service of the summons by in another State
publication. It is therefore, clear that the publication of the  Complex
summons was ordered not in virtue of an interpleading, but Violations of Articles 19 and 21 are actionable, with
upon the filing of the amended complaint wherein an judicially enforceable remedies in the municipal
action quasi in rem is alleged. forum. RTC of Quezon City possesses jurisdiction
over the subject matter of the suit.
Had not the complaint been amended, including the herein Trial court possesses jurisdiction over the persons of the
petitioner as an additional defendant, and had the court, parties
upon the filing of the answer of the Benguet Consolidated By filing her Complaint and Amended Complaint with the
Mining Company, issued an order under section 120 of the trial court, private respondent has voluntary submitted
Code of Civil Procedure, calling the conflicting claimants herself to the jurisdiction of the court. SAUDIA has
into court and compelling them to interplead with one effectively submitted to the trial court's jurisdiction by
another, such order could not perhaps have validly been praying for the dismissal of the Amended Complaint on
served by publication or otherwise, upon the non-resident grounds other than lack of jurisdiction.
Idonah Slade Perkins, for then the proceeding would be
purely one of interpleading. Such proceeding is a personal As to the choice of applicable law, it seeks to answer 2
action, for it merely seeks to call conflicting claimants into important questions:
court so that they may interplead and litigate their several (1) What legal system should control a given situation
claims among themselves, and no specific relief is prayed where some of the significant facts occurred in two or more
for against them, as the interpleader have appeared in states
court, one of them pleads ownership of the personal (2) to what extent should the chosen legal system
property located in the Philippines and seeks to exclude a regulate the situation
non-resident claimant from any interest therein, is a
question which we do not decide not. Suffice it to say that Although ideally, all choice-of-law theories should
here the service of the summons by publication was intrinsically advance both notions of justice and
ordered by the lower court by virtue of an action quasi in predictability, they do not always do so. The forum is then
rem against the non-resident defendant. faced with the problem of deciding which of these two
important values should be stressed.

CASE:Saudi Arabian Airlines vs CA Choice-of-law rules invariably consist of: (essential element
Facts: of conflict rules)
A filipina working for Saudia airlines was wrongfully  factual situation/relationship or operative fact
accused in the courts of Saudi Arabianis now suing her (such as property right, contract claim); and
employer for damages.  starting point of analysis
test or connecting factor or point of contact (such as
ISSUE: the situs of the res, the place of celebration, the place
W/N the RTC of Quezon City has jurisdiction over the case of performance, or the place of wrongdoing) – could be:
and it is the proper forum for recovery of damages against

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(1) The nationality of a person, his domicile, his residence, In the case, private respondent is a resident Filipina
his place of sojourn, or his origin national, working here while petitioner is a resident foreign
(2) the seat of a legal or juridical person, such as a corporation engaged here in the business of international
corporation air carriage
(3) the situs of a thing, that is, the place where a thing is, or
is deemed to be situated. In particular, the lex situs is Question: How is service is made on a private foreign
decisive when real rights are involved corporation?
(4) the place where an act has been done, the locus actus, Answer, as a general rule, foreign corporation not doing
such as the place where a contract has been made, a business in the Philippines cannot be prosecuted. EXCEPT,
marriage celebrated, a will signed or a tort committed. The 1. Contractual stipulation
lex loci actus is particularly important in contracts and torts 2.For acts done to the people of the Philippines
(5) the place where an act is intended to come into effect,
e.g., the place of performance of contractual duties, or the
place where a power of attorney is to be exercised WAYS OF DISPOSING CONFLICT CASES
(6) the intention of the contracting parties as to the law that
should govern their agreement, the lex loci intentionis; Assumption of jurisdiction
(7) the place where judicial or administrative proceedings -when the forum assumes jurisdiction over a case, it
are instituted or done. may, uber proper cases
The lex fori — the law of the forum — is particularly 1. Apply the internal or domestic law (lex fori)
important because, as we have seen earlier, matters of 2. Apply the proper foreign law (lex causae)
"procedure" not going to the substance of the claim
involved are governed by it; and because the lex fori applies Refusal to Assume Jurisdiction
whenever the content of the otherwise applicable foreign -every sovereign has the right to to refuse to assume
law is excluded from application in a given case for the jurisdiction over a particular litigation granting that it
reason that it falls under one of the exceptions to the indeed possess jurisdiction.
applications of foreign law; and
(8) the flag of a ship, which in many cases is decisive of
practically all legal relationships of the ship and of its
JUSTIFICATION OF APPLICATION OF
master or owner as such. It also covers contractual
INTERNAL LAW( lex fori)
relationships particularly contracts of affreightment
When the law of the Forum expressly so provides
Note that one or more circumstances may be present to
Instances:
serve as the possible test for the determination of the
applicable law.  Laws govering property transaction (Art 16
Based on pleadings on record, including allegations in the par1NCC)
Amended Complaint:  Laws governing orderand amount of
 Morada was made to face trial for very serious successional rights, intrinsic validity of
charges, including adultery and violation of testamentary provisions and capacity to
Islamic laws and tradition succeed (Art 16 par 2NCC)
 SAUDIA may have acted beyond its duties as  Laws governing property relationsof marriage
employer by handing over the person of Morada (Art 80, FC)
to Jeddah officials which contributed to and  Laws governing revocation of wills (Art 829
amplified or even proximately caused additional NCC)
humiliation, misery and suffering. It also took Question: Jo , an American citizen went on a brief
advantage of the trust, confidence and faith in vacation in PH wants to revoke his will in layover in
the guise of authority as employer. HK. What law shall apply?
 Conviction and imprisonment was wrongful but Answer. National law (America) or Law where it was
injury or harm was inflicted upon her person and revoked (HK)
reputation which must be compensated or
redress for the wrong doing Conflicts rules on revocation:
Complaint involving torts A. For revocation outside Phil.
"connecting factor" or "point of contact" - place or places a) If not domiciled in the Philippines:
where the tortious conduct or lex loci actus occurred, in the a) Where will was MADE
case, in the Philippines where SAUDIA deceived Morada, a b) Where testator was DOMICILED AT THE
Filipina residing and working here. TIME OF THE REVOCATION
b) If domiciled in the Philippines:
"State of the most significant relationship" a) Philippine law
(a) the place where the injury occurred b) Lex loci celebrationis of the revocation
(b) the place where the conduct causing the injury occurred ART 17
(c) the domicile, residence, nationality, place of B. For revocation in the Phil
incorporation and place of business of the parties Follow PHILIPPINE LAW: WON domiciled in the
(d) the place where the relationship, if any, between the Philippines
parties is centered
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Case: TESTATE ESTATE OF BOHANAN VS BOHANAN certificate signed by the Director of National Library,
Facts has the foreign law been proved?
C.O. Bohanan was born in Nebraska therefore he is a
citizen of Nebraska and even though he lived in the HELD:
Philippines for a long period of time. he still remained a NO. The book presented was not an official
citizen of the united states. C.O. Bohanan eventually chose publication, likewise no certificate from the officer
Nevada to spend the rest of his days until he died. He having custody of originaland no proof that law is still
remained a citizen of the united states. in force.
His Former wife, Magdalena Bohanan and two of her  If UNWRITTEN law, it may be proved by
children Mary Lydia and Edward Bohanan claims that they  The oral testimony of expert wtitness
have been deprived of their share of the Estate under the  By printed and published books of
laws of the Philippines. Furthermore, the testator’s reports of decisions of the country
children, Edward and Mary Lydia Bohanan, had received involved, if proved to be commonly
legacies in the amount of PHP 6, 000 each only, and,
admitted in such courts.
therefore, have not been given their shares in the estate
which, in accordance with the Philippine laws, should be
Question: to prove Chinese law, the proponents of
two-thirds of the estate left by the testator.
wikk presented in evidence written answers to certain
Issue:
written questions of the Chinese Consul General, has
Whether or not the disposition of C.O. Bohanan’s Estate is
the existence of law been proved?
valid?
Ruling
Answer: NO. A chinese consul-general is not an
Art 16 of the Civil code provides that succession is governed expert on the matter
by the national law of the testator. Being a citizen of texas
where there is no compulsory heirs, the wife cannot claim What is PROCESSUAL PRESUMPTION OF
any right under the Philippine law. It was not disputed that LAW?
the laws of nevada allow a testator to dispose all of his -when the proper foreign law has not been properly
properties by will. It was even Magdalena who presented proved, the court of the forum may presume that said
the record of the law in the court when she filed a motion foreign law is the same as its local or domestic law,
for withdrawal of 20, 000 share. which it can now apply.

Failure to plead and prove Foreign law Exceptions to comity

Proof of foreign law a) When the application of law is contrary to
 If WRITTEN law, it may br proved by sound and established public policy of the
 Official publication forum.
 A copy attested by the officer having
the legal custody of the record or by PUBLIC POLICY-the manifest will of a state,
his deputy and accompanied with a that which it desires on account of its own
certificate that such officer has fundamental principles of justice. Its own
custody conception of morals, and its deep rooted
NOTE: Cert may be made by Sec of traditions for the common well.
embassy or a legation,consul Example: joints will (Art 818,819) , incestuous
general,consul, vice consul, or marriage
consular agent, or by any officer in the
foreign serviceof the philippines, Question: may a decree of absolute divorce obtained
stationed in the foreign country in abroad by Filipinos be given effect today in the
which the record is kept, and Philippines?
authenticated by the seal of his office. Answer: NO. Such decree would counter public
(Rule 132, sec 25, ROC) policy of our forum. Art 15 of NCC applies on legal
 A published treatise on the subject law statis, condition and legal capacity of pesons binding
provided that court takes judicial upon its citizens even though living abroad. ( Tip:do
notice of the competence of the writer, not think of Art 26 of the FC when not provided in
or evidence is introduced to establish the facts. 😉)
the author’s competence (Rule 130,
sec 46, ROC) Question: incestuous martiages of filipinos held
abroad, can it be valid in the Philippines pursuant to
Case: Fleumer vs Hix Art 26 of th FC?
Facts: Answer: NO. Art 26 of the FC is a general provision
A foreigner died with a will a will allegedly executed which cannot prevail over ART 38 of the FC which is
with the formalities of west virginia law, to prove such a specific provision governing quasi-incestuous
law, the proponent presented in evidence a copy of marriages.
said law found in the National Library together with a
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b) Contra Bonos Mores Question: In state X where, a person 15 years of age

-when the foreign law is contrary to the almost can validly enter a contract, a 15 year olf Filipino,
universally conceded principled of morality. contracts with another, should we render such as
Example: foreign laws recognizing prostitution. binding?

c) Foreign law involves procedural matters Answer: No. It is an obvious violence to our sense of
-there is no vested rights in the rules of procedure, justice
hence, a party to an action must submit himself to
procedural formalities of the forum, except when the Question: if in country X, contracts entered by persons
law is both procedural and substantive, like the rules less than 25 is void, two filipinos less than 25
on prescription, and the statute of frauds. sojourning there entered into a contract. Is it valid?

d) Foreign penal laws or crimes committed in Answer: Yes. In our laws, 18 is the age of majority.
foreign countries cannot be persecuted in Moreover parties intended for our kaws to apply. To
the Philippines pursuant to territoriality rule otherwise is manifest injustice
principle in Criminal Law
-crimes committed in foreign countries are violations g) Foreign law endanger the foreign relations
of penal laws of those countries and cannot be or vital interests of the state
prosecuted here.
-a “penal clause” in a contract entered into abroad h) When the case involves real and personal
may be enforced here because such is not criminal in properties situated in the forum
nature but only provides for liquidated damages.
Example: in a contract entered between two persons, Real property is governed by the lex situs ( land is
a “penalty clause”is provided in cases of default in situated in the Philippines, its laws govern its
performance. alienation, encumberance, and its disposition) ART 16

Question: suppose a citizen of State X, was divorced Personal property rule is mobilia sequuntur
and ordered not to remarry as the guilty spouse. Can personam, the thing follows the owner ART 10
he remarry in the Philippines?

Answer: Yes. Prohibition is Penal. Thus, must be

refused enforcement in our forum PRINCIPLE OF FORUM NON CONVENIENS
Is the refusal of the to assume jurisdiction for to do
Question: in the above problem, the prohibition is so would be inconvenient for the forum
against both spouses, would the answer be the same? Manifested through:
Answer: NO. The incapacity should be given effect in  The evidence and the witnesses may not be
our forum since the same is not penal in character readily available
 The court dockets of the forum may already be
NOTES: clogged
1. If a person has already been convicted in  To curb the evils of forum shopping
another state and has fled to another state, the  The forum has no particular interest in the case
latter may be given the right to hold him liable  Other courts or forum are open may be better
on the ground that the state has the right to to render judgment
protect its own citizens. A crime of rape, is a  Difficulty of ascertaining foreign law
crime against all men and women,regardless  Inadequacy of local judicial machiner
of state.  Belief that the matter can be better tried and
2. However, if no trial and conviction has been decided in another jurisdiction, either because
held yet, the principle of territoriality rests on the main aspects transpired thereofor material
solid ground. witnesses have their residence thereof

e) Foreign fiscal or administrative laws Case: Continental micronesia vs Basso

-we cannot be concerned with the collection of taxes Facts:
or governmental functions of other states Continental micronesia is a US corporation licensed to do
business in the Phillippines, its general manager offered
f) Foreign law involves injustice or injury to herein respondent the position of general manager of its
the residents of the forum Philippine branch. Basso filed a complaint to the labor
arbiter alledging that he was illegally dismissed.
A law or judgment or contract that is obviously unjust Issue:
whether or not the case was under the jurisdiction of our
negates the fundamental principles of conflict of laws.
labor tribunals.
Ruling:

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According to Doctrine of forum non conveniens, a notwithstanding some references made to US laws and the
Philippine court in a conflict-of-laws case may assume fact that this intention was not expressly stated in the
jurisdiction if it chooses to do so, provided, that the contract.
following requisites are met:
(1) that the Philippine Court is one to which the parties may THEORIES WHY INTERNATIONAL LAW
conveniently resort to; MAY BE GIVEN EFFECT
(2) that the Philippine Court is in a position to make an  Theory of Comity
intelligent decision as to the law and the facts; and (3) that Comity- is neither a matter of absolute obligation nor
the Philippine Court has or is likely to have power to a mere courtesy,and goodwill. It is a recognition which
enforce its decision. one nation allows within its territory, legislative,
All these requisites are present here. executive, and judicial acts of another nation having
due regard both to international duty and convenience,
Basso may conveniently resort to our labor tribunals as he and to the rights of its own citizens, of other persons
and CMI lad physical presence in the Philippines during who are under the protection of its laws.
the duration of the trial. CMI has a Philippine branch,
while Basso, before his death, was residing here. Thus, it Two kinds:
could be reasonably expected that no extraordinary
1. The comity based in reciprocity
measures were needed for the parties to make
-if the laws and judgments of the forum are recognized
arrangements in advocating their respective cases.
in a foreign state, the forum will in turn recognize such
2. Comity based on the persuasiveness of a
The labor tribunals can make an intelligent decision as to
foreign judgment
the law and facts. The incident subject of this case (i.e.
dismissal of Basso) happened in the Philippines, the
-a foreign final order or judgment is a presumptive
surrounding circumstances of which can be ascertained evidence of a rights between parties and their
without having to leave the Philippines. The acts that successors in interest. Such may be repelled by
allegedly led to loss of trust and confidence and Basso's evidence of want of jurisdiction or notice, or
eventual dismissal were committed in the Philippines. As to collusion,or fraud.
the law, we hold that Philippine law is the proper law of he -regardless of reciprocity, forum is persuaded by a
forum, as we shall discuss shortly. Also, the labor tribunals foreign judgment if such is meritorious.
have the power to enforce their judgments because they
acquired jurisdiction over the persons of both parties. Illustration:
Final judgment by American courts are not regarded
Our labor tribunals being the convenient fora, the next with finality in french tribunal even if the former had
question is what law should apply in resolving this case. jurisdiction. Such final judgment are reviewable upon
merits and are only prima facie evidence not entitled
The choice-of-law issue in a conflict-of-laws case seeks to to full credit and conclusivity.
answer the following important questions: (1) What legal
system should control a given situation where some of the  Theory of vested rights
significant facts occurred in two or more states; and We seek to enforce not the foreign law or the foreign
(2) to what extent should the chosen legal system judgment itself but simply the vested rights that have
regulate the situation. been vested under such foreign law.
These questions are entirely different from the question of  Theory of local law
jurisdiction that only seeks to answer whether the courts of -we apply the foreign law not because it is foreign
a state where the case is initiated have jurisdiction to enter but because our own rules by applying similar rules
a judgment.As such, the power to exercise jurisdiction does require us to do so. Hence it is as if foreign law has
not automatically give a state constitutional authority to become part and parcel of our oen local law.
apply forum law.
Philippine law the applicable law. Basso, though a Illustration: Art 16 Par 2 of NCC provides that with
US citizen, was a resident here from he time he was hired respect to amount of successional rights, order of
by CMI until his death during the pendency of the case.
succession and the intrinsic validity if testamentary
CMI, while a foreign corporation, has a license to do
provisions are governed by the national law of the
business in the Philippines and maintains a branch here,
person whose succession is under consideration.
where Basso was hired to work. The contract of
employment was negotiated in the Philippines. A purely  Theory of harmony of laws
consensual contract, it was also perfected in the Foreign law has to be applied so that wherever a case
Philippines when Basso accepted the terms and conditions is decided, irrespective of the forum,the solution
of his employment as offered by CMI. The place of shoukd approximately be the same. Identical
performance relative to Biasso's contractual duties was in problems must have identical solutions.
the Philippines. The alleged prohibited acts of Basso that  Theory of justice
warranted his dismissal were committed in the Philippines. Purpose of conflict of laws is to dispense justice.
The Philippines is the state with the most
significant relationship to the problem. Thus, we hold that
CMI and Basso intended Philippine law to govern, RENVOI
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0
-a procedure whereby a jural matter presented is one country (say, Texas U.S.), there can be no Renvoi as to
referred by the conflict of laws rules of the forum to a the issue concerning the validity of his disposition by virtue
foreign state, the conflict of laws rule of which in of the will here in the Philippines since it is the law of the
turn refers the matter back to the law of the forum or nationality which is to be applied and there was no
a third state. instance of the matter being referred back (Bellis vs. Bellis;
- arises when states are governed by the nationality Note that in the case, the Doctrine of Processual
theoryon one hand and a domicilliary on the other. Presumption was applied).

Case: Estate of Amos Bellis vs Bellis Example:

Renvoi Doctrine was applied was in the case of Aznar vs.
FACTS: Garcia. The Decedent was a national of California and a
Amos G. Bellis was a citizen of the State of Texas and of the domiciliary of the Philippines. The acknowledged natural
United States. He had five legitimate children with his first child claimed her right to her legitime pursuant to
wife (whom he divorced), three legitimate children with Philippine law. This was opposed by the decedent’s
his second wife (who survived him) and, finally, three executor contending that the will, not mentioning her
illegitimate children. legitimes, was valid pursuant to Californian law. The Court
in the Philippines ruled in favor of the child. The reason:
6 years prior Amos Bellis’ death, he executed two(2) wills, while the Philippine laws hold that it is the law of the
apportioning the remainder of his estate and properties to country of nationality of the decedent which should
his seven surviving children. The appellants filed their govern, where the law of the latter refers back the matter
oppositions to the project of partition claiming that they to the forum or domiciliary, there is Renvoi. Thus the
have been deprived of their legitimes to which they were Philippine Court will take cognizance of the issue and
entitled according to the Philippine law. Appellants argued apply the law of the Philippines. The law of the state of
that the deceased wanted his Philippine estate to be California provides for the applicBility of the law of the
governed by the Philippine law, thus the creation of two domicile, by reason of which the Court validly ruled in
separate wills. favor of the acknowledged natural child.

ISSUE:
Whether or not the Philippine law be applied in the case in VERY IMPORTANT PROVISIONS
the determination of the illegitimate children’s NEW CIVIL CODE
successional rights Article 15. Laws relating to family rights and duties, or to
the status, condition and legal capacity of persons are
RULING: binding upon citizens of the Philippines, even though living
Court ruled that provision in a foreigner’s will to the effect abroad. (9a)
that his properties shall be distributed in accordance with
Philippine law and not with his national law, is illegal and Article 16. Real property as well as personal property is
void, for his national law cannot be ignored in view of subject to the law of the country where it is stipulated.
those matters that Article 10 — now Article 16 — of the
Civil Code states said national law should govern. However, intestate and testamentary successions, both
with respect to the order of succession and to the amount
Where the testator was a citizen of Texas and domiciled in of successional rights and to the intrinsic validity of
Texas, the intrinsic validity of his will should be governed testamentary provisions, shall be regulated by the national
by his national law. Since Texas law does not require law of the person whose succession is under
legitimes, then his will, which deprived his illegitimate consideration, whatever may be the nature of the
children of the legitimes, is valid. property and regardless of the country wherein said
property may be found. (10a)
The Supreme Court held that the illegitimate children are
not entitled to the legitimes under the texas law, which is Article 17. The forms and solemnities of contracts, wills,
the national law of the deceased. and other public instruments shall be governed by the laws
of the country in which they are executed.
Renvoi would have arised if the texas law has a rule
adopting the situs rule where the properties are situated, When the acts referred to are executed before the
since the properties involved were found in the diplomatic or consular officials of the Republic of the
Philippines. Philippines in a foreign country, the solemnities
established by Philippine laws shall be observed in their
It becomes relevant in cases where the individual involved execution.
is a national of one country and a domiciliary of another;
or with respect to property, the property is located in one Prohibitive laws concerning persons, their acts or
country and the law of another is being invoked relative to property, and those which have for their object public
the issues concerning the property. So much so that where order, public policy and good customs shall not be
an individual (a decedent) is a national and a domiciliary of rendered ineffective by laws or judgments promulgated,

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or by determinations or conventions agreed upon in a
foreign country. (11a)

FAMILY CODE
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)

Where a marriage between a Filipino citizen and a

foreigner is validly celebrated and a divorce is thereafter
validly obtained abroad by the alien spouse capacitating
him or her to remarry, the Filipino spouse shall have
capacity to remarry under Philippine law. (As amended by
Executive Order 227)

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