Conflicts of Laws

Chapter I: Introduction
1. Reasons Why Conflict of Laws
Evolved
GR: The law of one country has no effect of its
own force beyond the limits of its sovereignty
from which its authority is derived, and that the
obligation of every law is confined to the state
in which it is established and it can attach only
to those who are its citizens and others who
are within its territorial jurisdiction
GR: Laws have no extraterritorial effect and
application in another country
XPN: As our laws so provide with respect to its
citizens and nationals
Art. 15, NCC. Laws relating to family rights
and duties, or to the status, condition and legal
capacity of persons are binding upon citizen of
the Philippines, even though living abroad.
U.S. Restatement of the Law, Second,
Conflict of Laws 2d. Reason for COL: The
word is composed of territorial states having
separate and different systems of law. Events
and transactions occur, and issues arise, that
may have a significant relationship to more
than one state, making necessary a special
body of rules and methods for their ordering
and resolution.
2. Conflict of Laws Defined
Blacks. Conflict of laws is the inconsistency
or difference between the laws of different
states countries, arising in the case of (a)
persons who have acquired rights, (b) incurred
obligations, injuries or damages (OID), or (c)
made contracts, within the territory of two or
more jurisdictions.
Hence, that branch of jurisprudence, arising
from the diversity of the laws of different
nations, states or jurisdictions (NSJ), in their
application to rights and remedies, which
reconciles the inconsistency; or decides which

law or system is to govern in the particular

case, or settles the degree of force to be
accorded to the law of another jurisdiction, (the
acts or rights in question having arisen under
it) either where it varies from the domestic law,
or where the domestic law is silent or not
exclusively applicable to the case in point.
American Jurisprudence. "Conflict of laws is
in reality a part of the subject of international
law, which is commonly divided into two
aspects, public and private. Public international
law, or the law of nations, is that which
regulates the political intercourse of nations
with each other or concerns questions of rights
between nations, whereas private international
laws or conflict of law, is that which regulates
the comity of states in giving effect in one to
the municipal laws of another relating to
private persons, or concerns the rights of
person within the territory and dominion of one
state or nations, by reason of acts, private or
public, done within the dominion of another,
and which is based on the broad general
principle that one country will respect and give
effect to the laws of another so far as can be
done consistently with its own interest.
Two aspects of a treaty:
(a) As an international agreement between
states
(b) As a municipal law for the people of
each state to observe in their (1)
contractual and (2) other relations

legislative, executive, or judicial acts of

another state,/ having due regard both
to (a) international duty and
convenience (IDC) and (b) to the rights
of its own citizens or of other persons
who are under the protection of its
laws.

Comity is however neither a matter of

absolute right nor a mere courtesy

c.

Lex situs the applicable law

regarding the acquisition, transfer and
devolution (ATD) of the title to property
is the law where the property is located

Laurel v. Garcia. A conflict of law situation

involving real property arises when:
(1) There is a dispute over the title or
ownership of an immovable such that:
a.
b.
c.
d.

(2) A foreign law on land ownership and its

conveyance is asserted to conflict with
a domestic law on the same matters.
d.

3. Other Terms Defined

a.

Foreign element a factual situation

that cuts across territorial lines and is
thus affected by the diverse laws of
two or more states.

Saudi Arabia Airlines v. CA. The presence of

a foreign element is inevitable since social and
economic affairs of individuals and associations
are rarely confined to the geographic limits of
their birth or conception.
b.

Comity the recognition which one

state allows within its territory to the

The capacity to take and transfer

immovable (TTI)
The formalities of conveyance (FC)
The essential validity and effect of the
transfer (EV-ET), or
The interpretation and effect of
conveyance (IEC) are to be determined.

e.
f.
g.

Lex fori law of the forum, where the

case is filed. The term is used in
contract of denoting the law of the
place where a transaction took place or
where the wrong causing damage or
injury occurred.
Lex loci actus the law of the place
where the act was done
Lex loci celebrationis the law of
the place where the contract is entered
into
Lex loci contractus The proper law
applicable in deciding the rights and
liabilities of the contracting parties

Test to determine lex loci contractus: The

system of law with which the transaction has
the closest and most real connection.
h.
i.
j.
k.

l.

Lex loci delictus the law of the

place where offense or wrong took
place.
Lex loci domicile the law of the
place of domicile of a person
Lex rei sitae; lex situs the law of
the place where a thing is situated.
Kilberg doctrine In conflict of laws,
it is a rule to the effect that the forum
is not bound by the law of the place of
injury or death as to the limitation on
damages for wrongful act because such
rule is procedural and hence the law of
the forum governs this issue.
Center of gravity doctrine/most
significant relationship
rule/grouping of contract Choice
of law problems in conflict of laws are
resolved by the application of law of
the jurisdiction which has the most
significant relationship to or contract
with event and parties to litigation and
the issue therein.

4. Conflict of Laws Essentially

Involves Two Remedies
a.

b.

The enforcement of rights that accrued

completely or partly in a foreign
country in the form of action filed in
Philippine courts by a citizen or an
aggrieved person
The recognition and enforcement of
foreign judgment, in the form of a
petition or complaint to enforce such
foreign judgment filed in Philippine
courts by the prevailing party.

GR: Rights acquired under a foreign statute

may be enforced elsewhere, i.e. in the
Philippines, in comity, if not against public
policy

The recognition or enforcement of a

foreign judgment is also based on
comity, subject to the qualifications

prescribed in Rule 39, Sec. 48 of the

ROC
Rule 39, Sec. 48. Effect of Foreign
Judgments or Final Orders The effect of a
judgment or final order of a tribunal of a
foreign country, having jurisdiction to render
the judgment or final order is as follows:
a.

b.

In case of a judgment or final order

upon a specific thing, the judgment or
final order is conclusive upon the title
to the thing; and
In case of a judgment or final order
against a person, the judgment or final
order is presumptive evidence of a
right as between the parties and their
successors in interest by a subsequent
title.

In either case, the judgment or final order may

be repelled by evidence of a want of
jurisdiction, want of notice to the party,
collusion, fraud, or clear mistake of law or fact.
GR: The enforcement in the country of a right
which accrued in a foreign country or that of a
foreign judgment rendered by a foreign court
involves the extraterritorial application of
foreign laws, upon which the right or judgment
is based, to which the country may consent
expressly or impliedly
XPN: Where the countrys prohibitive laws or
public policies provide otherwise.
Sources of Conflict of laws
1.
2.
3.
4.
5.
6.
7.
8.

Constitution
Statutes enacted legislature
Rules and regulations issued by
administrative tribunal or agencies
Judicial rulings of the SC
Treaties
NCC
FC
Rules of Court

Other sources (persuasive effect):

9.

Foreign decisions of foreign courts

10. Treatises
11. Commentaries
12. Studies of well-known authors
Art. 16, NCC. Real property as well as
personal property is subject to the law of the
country where it is situated
However, intestate and testamentary
succession, both with respect to the (1) order
of succession and to the (2) amount of
successional rights and to (3) the intrinsic
validity of testamentary provisions shall be
regulated by the national law of the country of
the person whose succession is under
consideration, whatever may be the nature of
the property and regardless of the country
wherein said property may be found.
Art. 17, NCC. The forms and solemnities of
contracts, wills, and other public instruments
shall be governed by the laws of the country in
which they are executed.
Where the acts referred to are executed before
the diplomatic or consular officials of the
Republic of the Philippines in a foreign country,
the solemnities established by Philippine laws
shall be observed in their execution.
Prohibitive laws concerning (a) persons, their
acts or property, and (b) those which have for
their object public order, public policy or good
customs shall not be rendered ineffective by
laws or judgments promulgated, or
determinations or conventions agreed upon in
a foreign country.
Art. 26, FC. 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 Art. 35(1), (4), (5), (6), 36, 37, 38.
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 likewise have
capacity to remarry under Philippine law.

Art. 9. No judge or court shall decline to

render judgment by reason of the silence,
obscurity or insuffiency of the laws
Gregorio Araneta, Inc v. Rodas. When the
law does not provide a rule or norm for the
court to follow in deciding a question submitted
to it, but leave it to the court to determine it in
one way or another to his discretion, the judge
is not absolutely free to act at his pleasure or
will or arbitrarily.
GR: Foreign laws are independent of, and are
not superior than, Philippines laws, and they
cannot be forced upon Philippine courts

XPN: If the court of forum determines that

there is a conflict of laws and what is
applicable in the main is a foreign law and
decides to apply it, in the absence of
prohibitive law or public policy to the contrary
Where the case involves no foreign element
and the local laws applicable on the matter are
conflicting, courts resolve them:
1.
2.
3.

XPN: Consent, express or implied

When foreign judgment or final order may be
repelled:
1.
2.
3.
4.
5.

By evidence of want of jurisdiction

Want of notice to the party
Collusion
Fraud, or
Clear mistake of law or fact.

5. Conflict of Laws Presupposes

Conflict
Laurel v. Garcia. Conflict of laws assumes
that there is a conflict between a local law and
a foreign law involving a foreign element or
elements, which requires a determination of
which law should apply.
GR: No foreign law has extra-territorial
applicability in the country

By reconciling the two or more laws, if

possible
If they cannot be reconciled, by
considering one law as having been
impliedly repealed by the later statute
By excepting one law from the
operation of the other, and on the basis
thereof, decide the case.

6. Foreign Element in Conflict of Laws

Situation
Saudia Arabian Airlines v. CA. From the
standpoint of the Philippines, in cases filed in
the country, the foreign element may consist
of:
(1) Philippine citizen or resident of the
country, in relation to a foreign national
or entity or to acts done or events that
occurred in a foreign country or
property situated therein
(2) Property located in the Philippines or
acts done or events that took place in
the Philippines involving a foreign
national or entity and a citizen of this
country.

7. Three Ways of Dealing with

Conflict of Laws Cases
a.

Court might refuse to hear the case

and dismiss it

Forum of non conveniens a court having

jurisdiction may refuse to hear the case
because there may be very minimum contact
with respect to the transactions or the parties.
b. The court might decide the case by its
own local law
c. Special rules might be devised to deal
with the case in a manner designed to
promote the smooth function of the
international and interstate systems
and to do justice to the parties.
8. Illustrative Case: Rights of
Foreigner Against That of a Citizen

Where the question involves the rights

of a citizen and a foreigner which the
latter has violated, in a case where the
applicable law favors the foreigner,
Philippine courts will defer to the rights
of the citizen in order to subserve the
ends of justice.

Salvacion v. Central Bank. The peculiar

circumstances obtaining make the law not
applicable to the case of the 12-year old rape
victim and that the banks should comply with
the writ of execution and release the dollar
deposit in favor of the victim, the Court applied
the principles of right and justice to prevail
over the strict and literal words of the statute