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CONFLICTS OF LAWS
Conflicts of law - Part of international law which deals with legal problems
involving foreign element concerning the conflict in the application of local and
foreign laws, raised in a proper forum.
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).
Elements
Foreign elements is a factual situation that cut across territorial lines and affected
by diverse laws of two or more states -- Saudia vs Morada
1. One or both litigant is alien
2. Cause of action arises in foreign state
- location of the res
- place of celebration
- place of the act
- place of the crime
SOURCES of COL
Direct sources
Art. 14, 15, 16, 1039, 1183, 1347 at marami pa
Article 26 of Family Code
Section 129 of Corporation Code
Treaties - Hague convention, Warsaw, COGSA
Jurisprudence
International Custom
General Principles of law
lex loci celebrationis
LEx loci actus
LEx rei sitae/lex situs
PINK NOTES: Rinchel’s guide to pass your law subjects
CONFLICTS OF LAWS
lex loci delictus
lex loci contractus
lex domicilli
principle of territoriality
Kilberg doctrine
Indirect sources
foreign jurisprudence
journal of renowned legal writers.
1. The Philippine court is one to which the parties may conveniently resolve;
2. That the Philippine court is in the position to make an intelligent decision as to
the laws and facts
3. The Philippine court has likely to have the power to enforce the decision -
MHC vs. NLRC
CHOICE OF LAW
Note - Foreign law should be pleaded and proved , if not , presumed to be the
same with the local law - DOCTRINE OF PROCESSUAL PRESUMPTION
par. 2, CC)
Contracts involving real property The law intended will be the proper
which do not deal with the title law of the contract (lex loci
thereto voluntantis or lex loci intentionis)
Contracts where the real property is The principal contract (usually loan)
given as security is governed 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)
1 IN GENERAL Lex rei sitae (Article. 16, CC)
Exceptions: same as those for real EXCEPTION: same as those for real
property property EXCEPT that in the
example concerning mortgage, the
same must be changed to pledge of
personal property)
2 MEANS OF TRANSPORTATION
OTHER THEORIES:
a. National law of the debtor or creditor
b. Domicile of the debtor or creditor
c. Lex loci celebrationis
d. Lex loci solutionis
3 Taxation of debts Domicile of creditor
4 Administration of debts Lex situs of assets of the debtor (for
these assets can be held liable for
the debts)
5 Negotiability or non-negotiability of The right embodied in the instrument
an instrument (for example, in the case of a
Swedish bill of exchange, Swedish
law determines its negotiability)
6 Validity of transfer, delivery or In general, situs of the instrument at
negotiation of the instrument the time of transfer, delivery or
negotiation
7 Effect on a corporation of the sale of Law of the place incorporation
corporate shares
8 Effect between the parties of the sale Lex loci voluntatis or lex loci
of corporate shares intentionis (proper law of the
contract) – for this is really a
contract; usually this is the place
where the certificate is delivered)
9 Taxation on the dividends of Law of the place of incorporation
corporate shares
10 Taxation on the income from the sale Law of the place where the sale was
of corporate shares consummated
11 Franchises Law of the place that granted them
12 Goodwill of the business & taxation Law of the place where the business
thereto is carried on
13 Patents, copyrights, trademarks, In the absence of a treaty, they are
trade names protected only by the state that
granted them
NOTE: foreigners may sue for
infringement of trademarks and trade
names in the RP ONLY IF Filipinos
are granted reciprocal concessions in
the state of the foreigners
PINK NOTES: Rinchel’s guide to pass your law subjects
CONFLICTS OF LAWS
Wills, Succession & Administration of Conflict Rules
FACTUAL SITUATION POINT OF CONTACT
EXTRINSIC VALIDITY OF WILLS
1 Made by an alien abroad Lex nationalii OR lex domicilii OR RP
law (Article 816, CC), OR lex loci
celebrationis (Article 17(1))
2 Made by a Filipino abroad Lex nationalii OR lex loci
celebrationis (Article 815)
3 Made by an alien in the RP Lex nationalii OR lex loci
celebrationis (Article 817)
PINK NOTES: Rinchel’s guide to pass your law subjects
CONFLICTS OF LAWS
RULES ON TORTS
FACTUAL SITUATION POINT OF CONTACT
Liability & damages for torts in general Lex loci delicti (law of the place where
the delict was committed)
NOTE: The locus delicti (place of
commission of torts) is faced by the NOTE: liability for foreign torts may be
problem of characterization. In civil law enforced in the RP if:
countries, the locus delicti is generally a. The tort is not penal in character
where the act began; in common law b. If the enforcement of the tortious
countries, it is where the act first liability won’t contravene our public
became effective policy
c. If our judicial machinery is
adequate for such enforcement
RULES ON CRIMES
FACTUAL SITUATION POINT OF CONTACT
ESSENTIAL ELEMENTS OF A CRIME AND PENALTIES Generally where committed (locus
regit actum)
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CONFLICTS OF LAWS
THEORIES AS TO WHAT COURT HAS JURISDICTION:
a. Territoriality theory – where the crime was committed
b. Nationality theory – country which the criminal is citizen or a subject
c. Real theory – any state whose penal code has been violated has
jurisdiction, where the crime was committed inside or outside its territory
d. Protective theory – any state whose national interests may be jeopardized
has jurisdiction so that it may protect itself
e. Cosmopolitan or universality theory – state where the criminal is found or
which has his custody has jurisdiction
f. Passive personality theory – the state of which the victim is a citizen or
subject has jurisdiction
NOTE: In the RP, we follow the territoriality theory in general; exception: Article
2, RPC, stresses the protective theory
THE LOCUS DELICTI OF CERTAIN CRIMES
1 Frustrated an consummated, Where the victim was injured (not
homicide, murder, infanticide & where the aggressor wielded his
parricide weapon)
2 Attempted homicide, etc. Where the intended victim was (not
where the aggressor was situated) –
so long as the weapon or the bullet
either touched him or fell inside the
territory where he was
3 Bigamy Where the illegal marriage was
performed
4 Theft & robbery Where the property was unlawfully
taken from the victim (not the place to
which the criminal went after the
commission of the crime)
5 Estafa or swindling thru false Where the object of the crime was
representation received (not where the false
representations were made)
6 Conspiracy to commit treason, Where the conspiracy was formed
rebellion, or sedition (not where the overt act of treason,
NOTE: Other conspiracies are NOT rebellion or sedition was committed)
penalized by our laws
7 Libel Where published or circulated
8 Continuing crime Any place where the offense begins,
exists or continues
9 Complex crime Any place where any of the essential
elements of the crime took place
1. CASES
10. MHC vs NLRC 10-13-00 - if the only link it has with the case is that the
respondent is a Filipino Resident, case cannot be tried.
OTHER CASES
2. Phil aluminium vs RTC of Pasig - 10-12-00 GRN 137378
3. Nagarmull vs binalbagan GRN L-22478, 5-28/78
4. NW Orient airline vs Ca - GRN 112573, 2-9-95
5. Perkins vs Dizon
6. Boudard vs Tait
7. Perkins vs Benguet Consolidated Mining
8. Philsec vs Ca
9. Inghenoil vs Walter and olsen GRN 22288 1-12-25
10. Asiavest vs CA 110263 7-20-01