CAUTION: USE AT YOUR OWN RISK!!!

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

AMPVARGAS NOTES ON CONFLICT OF LAWS AS LECTURED BY

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 CAUTION: USE AT YOUR OWN RISK!!! 2

***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.

AMPVARGAS NOTES ON CONFLICT OF LAWS AS LECTURED BY

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In Hasegawa v. Kitamura, the Court outlined three
consecutive phases involved in judicial resolution of
conflicts-of-laws problems, namely:
 jurisdiction,
 choice of law, and
 recognition and enforcement of judgments.
Thus, in the instances where the Court held that the local
judicial machinery was adequate to resolve controversies
with a foreign element, the following requisites had to be
proved:
(1) that the Philippine Court is one to which the parties
may conveniently resort;
(2) that the Philippine Court is in a position to make an
intelligent decision as to the law and the facts; and
(3) that the Philippine Court has or is likely to have the
power to enforce its decision.
CASE: Gemperle vs Schenker
Facts:
This case was the result of William Gemperle’s
retaliatory act when respondent spouses Paul and Helen
Schenker filed a case against him for the enforcement of
Schenker's allegedly initial subscription to the shares of
stock of the Philippines-Swiss Trading Co., Inc. and the
exercise of his alleged pre-emptive rights to the then
unissued original capital stock of said corporation and the
increase thereof, as well as for an accounting and
damages. Petitioner alleged that the said complaint
tainted his name as a businessman. He then filed a
complaint for damages and prays for the retraction of
statements made by Helen Schenker.
Summons was personally served to Helen Schenker
but not to Paul Schenker. Helen then filed an answer with
a counterclaim, but Paul Schenker filed a motion to dismiss
arguing that the court never acquired jurisdiction over his
person since admittedly, he is a Swiss citizen, residing in
Zurich, Switzerland, and has not been actually served with
summons in the Philippines.
Issue:
Whether or not the court acquired jurisdiction over
the person of Paul Schenker.
Ruling:
Yes, although as a rule, when the defendant is a
non-resident and in an action in personam, jurisdiction
over the person of the defendant can be acquired only
through voluntary appearance or personal service of
summons. But this case is an exception to the said rule.
The Supreme ratiocinated:
“We hold that the lower court had acquired jurisdiction
over said defendant, through service of the summons
addressed to him upon Mrs. Schenker, it appearing from
said answer that she is the representative and attorney-in-
fact of her husband aforementioned civil case No. Q-2796,
which apparently was filed at her behest, in her
aforementioned representative capacity. In other words,
Mrs. Schenker had authority to sue, and had actually sued
on behalf of her husband, so that she was, also,
empowered to represent him in suits filed against him,
particularly in a case, like the of the one at bar, which is
consequence of the action brought by her on his behalf.”
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Briefly, in an action in personam where the defendant is a
non-resident, substituted service of summons does not
apply. However, by way of exception, substituted service
of summons may be effected, if the following requisites
are present:
1. The summons is served to the spouse of the
defendant
2. The spouse must be residing in the Philippines
3. The spouse is appointed as attorney-in-fact of the
spouse defendant in a previous case involving the non-
resident spouse
CASE: raytheon international vs rouzie
FACTS
Brand Marine Services, Inc. (BMSI), a corporation duly
organized & existing under the laws of Connecticut,
&Stockton Rouzie, Jr., an American citizen, entered into a
contract
BMSI hired Rouzie as its representative to negotiate the
sale of services in several government projects in
thePhilippines for an agreed remuneration of 10% of the
gross receipts.
Rouzie secured a service contract w/ the Rep. of Phil. on
behalf of BMSI for the dredging of rivers affected by the
Mt.Pinatubo eruption & mudflows.
Rouzie filed before the NLRC a suit against BMSI and Rust
International (Rust) for alleged nonpayment of
commissions, illegal termination, & breach of employment
contract.
The Labor Arbiter ordered BMSI & Rust to pay Rouzie’s
money claims.
Upon appeal, the NLRC reversed & dismissed Rouzie’s
complaint on the ground of lack of jurisdiction.
Rouzie filed an action for damages before the RTC of La
Union (where he was a resident) against Raytheon
International. He reiterated that he was not paid the
commissions due him from the Pinatubo dredging project
w/c hesecured on behalf of BMSI. The complaint also
averred that BMSI, RUST and Raytheon had combined &
functioned as 1 company.
RAYTHEON SOUGHT THE DISMISSAL OF THE COMPLAINT
ON THE GROUNDS OF:
 FAILURE TO STATE ACAUSE OF ACTION &
 FORUM NON CONVENIENS & PRAYED FOR
DAMAGES BY WAY OF COMPULSORY
COUNTERCLAIM.
THE RTC DENIED RAYTHEON’S MOTION. THE CA
AFFIRMED.
Raytheon’s contention: The written contract between
Rouzie & BMSI included a valid choice of law clause, that
is, that the contract shall be governed by the laws of the
State of Connecticut. It also mentions the presence of
foreign elements in the dispute, namely that the parties &
witnesses involved are American corporations & citizens &
MIDTERM EXAMINATION

the evidence to be presented is located outside the
Philippines, that renders our local courts inconvenient
forums. The foreign elements of the dispute necessitate
the immediate application of the doctrine of forum non
conveniens.
ISSUES
a) W/N the RTC had jurisdiction.
b) W/N the complaint should be dismissed on the
ground of forum non conveniens.
RULING
(a) YES.
On the matter of jurisdiction over a conflicts-of-laws
problem where the case is filed in a Philippine court and
where the court has jurisdiction over the subject matter,
the parties and the res, it may or can proceed to try the
case even if the rules of conflict-of-laws or the convenience
of the parties point to a foreign forum. This is an exercise
of sovereign prerogative of the country where the case is
filed.
Jurisdiction over the nature and subject matter of an action
is conferred by the Constitution and the law & by the
material allegations in the complaint, irrespective of w/n
the plaintiff is entitled to recover all or some of the claims
or reliefs sought therein. The case file was an action for
damages arising from an alleged breach of contract.
Undoubtedly, the nature of the action and the amount of
damages prayed are w/in the jurisdiction of the RTC.
As regards jurisdiction over the parties, the RTC acquired
jurisdiction over Rouzi upon the filing of the complaint. On
the other hand, jurisdiction over the person of Raytheon
was acquired by its voluntary appearance in court.
That THE SUBJECT CONTRACT INCLUDED A STIPULATION
THAT THE SAME SHALL BE GOVERNED BYTHE LAWS OF THE
STATE OF CONNECTICUT DOES NOT SUGGEST THAT THE
PHILIPPINE COURTS, OR ANY OTHER FOREIGN TRIBUNAL
FOR THAT MATTER, ARE PRECLUDED FROM HEARING THE
CIVIL ACTION.
JURISDICTION & CHOICE OF LAW ARE 2 DISTINCT
CONCEPTS. Jurisdiction considers whether it is fair to cause
a defendant to travel to this state; choice of law asks the
further question whether the application of a substantive
law which will determine the merits of the case is fair to
both parties. The choice of law stipulation will be come
relevant only when the substantive issues of the instant
case develop, that is, after hearing on the merits proceeds
before the trial court.
(b) NO.
UNDER THE DOCTRINE OF FORUM NON CONVENIENS, A
COURT, IN CONFLICTS-OF-LAWS CASES, MAY
REFUSE IMPOSITIONS ON ITS JURISDICTION WHERE IT IS
NOT THE MOST “CONVENIENT” OR AVAILABLE FORUM
AND THE PARTIES ARE NOT PRECLUDED FROM SEEKING
REMEDIES ELSEWHERE. Raytheon’s averments of the
foreign elements are not sufficient to oust the RTC of its
jurisdiction over the case and the parties involved.
AMPVARGAS NOTES ON CONFLICT OF LAWS AS LECTURED BY
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Moreover, the propriety of dismissing a case based on the
principle of forum non conveniens requires a factual
determination; hence, it is more properly considered as a
matter of defense. While it is w/c the discretion of the trial
court to abstain from assuming jurisdiction on this ground,
it should do so only after vital facts are established, to
determine whether special circumstances require the
court’s desistance.
Case: Idonah slade perkins vs Dizon
Facts:
respondent instituted an action against Benquet
Consolidated minung for shares of stock registered under
hos name, pay,ent of which was allegedly withheld. Th
company answered contending that the non recognition of
rights was due to conflicting demands with herein
petitioner and a certain george engelhard, a non resident
foreigner. Trial court ordered respondent to include
Perkins and Engelhard in complaint. The complaint was
amended and summons were made via publication.
Issue:
whether or not the Court of First Instance of Manila has
acquired jurisdiction over the person of the present
petitioner as a non-resident defendant, or,
notwithstanding the want of such jurisdiction, whether or
not said court may validly try the case.
Ruling:
Section 398 of our Code of Civil Procedure provides that
when a non-resident defendant is sued in the Philippine
courts and it appears, by the complaint or by affidavits,
that the action relates to real or personal property within
the Philippines in which said defendant has or claims a lien
or interest, actual or contingent, or in which the relief
demanded consists, wholly or in part, in excluding such
person from any interest therein, service of summons
maybe made by publication.
In the instant case, there can be no question that the action
brought by Eugene Arthur Perkins in his amended
complaint against the petitioner, Idonah Slade Perkins,
seeks to exclude her from any interest in a property located
in the Philippines. That property consists in certain shares
of stocks of the Benguet Consolidated Mining Company.
The situs of the shares is in the jurisdiction where the
corporation is created, whether the certificated evidencing
the ownership of those shares are within or without that
jurisdiction. Under these circumstances, we hold that the
action thus brought is quasi in rem, for while the
judgement that may be rendered therein is not strictly a
judgment in rem, "it fixes and settles the title to the
property in controversy and to that extent partakes of the
nature of the judgment in rem.
Petitioner contends that the proceeding instituted against
her is one of interpleading and is therefore an action in
personam. Section 120 of our Code of Civil Procedure
provides that whenever conflicting claims are or may be
made upon a person for or relating to personal property,
or the performance of an obligation or any portion thereof,
so that he may be made subject to several actions by
MIDTERM EXAMINATION

different persons, such person may bring an action against
the conflicting claimants, disclaiming personal interest in
the controversy, and the court may order them to
interplead with one another and litigate their several
claims among themselves, there upon proceed to
determine their several claims.
Here, The Benguet Consolidated Mining Company, in its
answer to the complaint filed by Eugene Arthur Perkins,
averred that in connection with the shares of stock in
question, conflicting claims were being made upon it by
said plaintiff, Eugene Arthur Perkins, his wife Idonah Slade
Perkins, and one named George H. Engelhard, and prayed
that these last two be made parties to the action and
served with summons by publication, so that the three
claimants may litigate their conflicting claims and settle
their rights among themselves. The court has not issued an
order compelling the conflicting claimants to interplead
with one another and litigate their several claims among
themselves, but instead ordered the plaintiff to amend his
complaint including the other two claimants as parties
defendant. The plaintiff did so, praying that the new
defendants thus joined be excluded fro any interest in the
shares in question, and it is upon this amended complaint
that the court ordered the service of the summons by
publication. It is therefore, clear that the publication of the
summons was ordered not in virtue of an interpleading, but
upon the filing of the amended complaint wherein an
action quasi in rem is alleged.
Had not the complaint been amended, including the herein
petitioner as an additional defendant, and had the court,
upon the filing of the answer of the Benguet Consolidated
Mining Company, issued an order under section 120 of the
Code of Civil Procedure, calling the conflicting claimants
into court and compelling them to interplead with one
another, such order could not perhaps have validly been
served by publication or otherwise, upon the non-resident
Idonah Slade Perkins, for then the proceeding would be
purely one of interpleading. Such proceeding is a personal
action, for it merely seeks to call conflicting claimants into
court so that they may interplead and litigate their several
claims among themselves, and no specific relief is prayed
for against them, as the interpleader have appeared in
court, one of them pleads ownership of the personal
property located in the Philippines and seeks to exclude a
non-resident claimant from any interest therein, is a
question which we do not decide not. Suffice it to say that
here the service of the summons by publication was
ordered by the lower court by virtue of an action quasi in
rem against the non-resident defendant.
CASE:Saudi Arabian Airlines vs CA
Facts:
A filipina working for Saudia airlines was wrongfully
accused in the courts of Saudi Arabianis now suing her
employer for damages.
ISSUE:
W/N the RTC of Quezon City has jurisdiction over the case
and it is the proper forum for recovery of damages against
AMPVARGAS NOTES ON CONFLICT OF LAWS AS LECTURED BY
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CAUTION: USE AT YOUR OWN RISK!!! 5
her employer under Art. 21 of the Civil Code which should
govern.
HELD:
YES.Where the factual antecedents satisfactorily establish
the existence of a foreign element, the problem could
present a "conflicts" case
A factual situation that cuts across territorial lines and is
affected by the diverse laws of two or more states is said to
contain a "foreign element".
o Morada is a resident Philippine national
o SAUDIA is a resident foreign corporation
 by virtue of the employment of Morada with the
SAUDIA as a flight stewardess, events did transpire
during her many occasions of travel across national
borders, particularly from Manila, Philippines to
Jeddah, Saudi Arabia, and vice versa, that caused a
"conflicts" situation to arise
Forms of foreign element:
 Simple
one of the parties to a contract is an alien or has a
foreign domicile, or that a contract between
nationals of one State involves properties situated
in another State
 Complex
Violations of Articles 19 and 21 are actionable, with
judicially enforceable remedies in the municipal
forum. RTC of Quezon City possesses jurisdiction
over the subject matter of the suit.
Trial court possesses jurisdiction over the persons of the
parties
By filing her Complaint and Amended Complaint with the
trial court, private respondent has voluntary submitted
herself to the jurisdiction of the court. SAUDIA has
effectively submitted to the trial court's jurisdiction by
praying for the dismissal of the Amended Complaint on
grounds other than lack of jurisdiction.
As to the choice of applicable law, it seeks to answer 2
important questions:
(1) What legal system should control a given situation
where some of the significant facts occurred in two or more
states
(2) to what extent should the chosen legal system
regulate the situation
Although ideally, all choice-of-law theories should
intrinsically advance both notions of justice and
predictability, they do not always do so. The forum is then
faced with the problem of deciding which of these two
important values should be stressed.
Choice-of-law rules invariably consist of: (essential element
of conflict rules)
 factual situation/relationship or operative fact
(such as property right, contract claim); and
 starting point of analysis
test or connecting factor or point of contact (such as
the situs of the res, the place of celebration, the place
of performance, or the place of wrongdoing) – could be:
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 CAUTION: USE AT YOUR OWN RISK!!! 6

(1) The nationality of a person, his domicile, his residence,
his place of sojourn, or his origin
(2) the seat of a legal or juridical person, such as a
corporation
(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
decisive when real rights are involved
(4) the place where an act has been done, the locus actus,
such as the place where a contract has been made, a
marriage celebrated, a will signed or a tort committed. The
lex loci actus is particularly important in contracts and torts
(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
(6) the intention of the contracting parties as to the law that
should govern their agreement, the lex loci intentionis;
(7) the place where judicial or administrative proceedings
are instituted or done.
The lex fori — the law of the forum — is particularly
important because, as we have seen earlier, matters of
"procedure" not going to the substance of the claim
involved are governed by it; and because the lex fori applies
whenever the content of the otherwise applicable foreign
law is excluded from application in a given case for the
reason that it falls under one of the exceptions to the
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
master or owner as such. It also covers contractual
relationships particularly contracts of affreightment
Note that one or more circumstances may be present to
serve as the possible test for the determination of the
applicable law.
Based on pleadings on record, including allegations in the
Amended Complaint:
 Morada was made to face trial for very serious
charges, including adultery and violation of
Islamic laws and tradition
 SAUDIA may have acted beyond its duties as
employer by handing over the person of Morada
to Jeddah officials which contributed to and
amplified or even proximately caused additional
humiliation, misery and suffering. It also took
advantage of the trust, confidence and faith in
the guise of authority as employer.
 Conviction and imprisonment was wrongful but
injury or harm was inflicted upon her person and
reputation which must be compensated or
redress for the wrong doing
Complaint involving torts
"connecting factor" or "point of contact" - place or places
where the tortious conduct or lex loci actus occurred, in the
case, in the Philippines where SAUDIA deceived Morada, a
Filipina residing and working here.
"State of the most significant relationship"
(a) the place where the injury occurred
(b) the place where the conduct causing the injury occurred
(c) the domicile, residence, nationality, place of
incorporation and place of business of the parties
(d) the place where the relationship, if any, between the
parties is centered
AMPVARGAS NOTES ON CONFLICT OF LAWS AS LECTURED BY
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In the case, private respondent is a resident Filipina
national, working here while petitioner is a resident foreign
corporation engaged here in the business of international
air carriage
Question: How is service is made on a private foreign
corporation?
Answer, as a general rule, foreign corporation not doing
business in the Philippines cannot be prosecuted. EXCEPT,
1. Contractual stipulation
2.For acts done to the people of the Philippines
WAYS OF DISPOSING CONFLICT CASES
Assumption of jurisdiction
-when the forum assumes jurisdiction over a case, it
may, uber proper cases
1. Apply the internal or domestic law (lex fori)
2. Apply the proper foreign law (lex causae)
Refusal to Assume Jurisdiction
-every sovereign has the right to to refuse to assume
jurisdiction over a particular litigation granting that it
indeed possess jurisdiction.
JUSTIFICATION OF APPLICATION OF
INTERNAL LAW( lex fori)
When the law of the Forum expressly so provides
Instances:
 Laws govering property transaction (Art 16
par1NCC)
 Laws governing orderand amount of
successional rights, intrinsic validity of
testamentary provisions and capacity to
succeed (Art 16 par 2NCC)
 Laws governing property relationsof marriage
(Art 80, FC)
 Laws governing revocation of wills (Art 829
NCC)
Question: Jo , an American citizen went on a brief
vacation in PH wants to revoke his will in layover in
HK. What law shall apply?
Answer. National law (America) or Law where it was
revoked (HK)
Conflicts rules on revocation:
A. For revocation outside Phil.
a) If not domiciled in the Philippines:
a) Where will was MADE
b) Where testator was DOMICILED AT THE
TIME OF THE REVOCATION
b) If domiciled in the Philippines:
a) Philippine law
b) Lex loci celebrationis of the revocation
ART 17
B. For revocation in the Phil
Follow PHILIPPINE LAW: WON domiciled in the
Philippines
MIDTERM EXAMINATION

Case: TESTATE ESTATE OF BOHANAN VS BOHANAN
Facts
C.O. Bohanan was born in Nebraska therefore he is a
citizen of Nebraska and even though he lived in the
Philippines for a long period of time. he still remained a
citizen of the united states. C.O. Bohanan eventually chose
Nevada to spend the rest of his days until he died. He
remained a citizen of the united states.
His Former wife, Magdalena Bohanan and two of her
children Mary Lydia and Edward Bohanan claims that they
have been deprived of their share of the Estate under the
laws of the Philippines. Furthermore, the testator’s
children, Edward and Mary Lydia Bohanan, had received
legacies in the amount of PHP 6, 000 each only, and,
therefore, have not been given their shares in the estate
which, in accordance with the Philippine laws, should be
two-thirds of the estate left by the testator.
Issue:
Whether or not the disposition of C.O. Bohanan’s Estate is
valid?
Ruling
Art 16 of the Civil code provides that succession is governed
by the national law of the testator. Being a citizen of texas
where there is no compulsory heirs, the wife cannot claim
any right under the Philippine law. It was not disputed that
the laws of nevada allow a testator to dispose all of his
properties by will. It was even Magdalena who presented
the record of the law in the court when she filed a motion
for withdrawal of 20, 000 share.
Failure to plead and prove Foreign law
Proof of foreign law
 If WRITTEN law, it may br proved by
 Official publication
 A copy attested by the officer having
the legal custody of the record or by
his deputy and accompanied with a
certificate that such officer has
custody
NOTE: Cert may be made by Sec of
embassy or a legation,consul
general,consul, vice consul, or
consular agent, or by any officer in the
foreign serviceof the philippines,
stationed in the foreign country in
which the record is kept, and
authenticated by the seal of his office.
(Rule 132, sec 25, ROC)
 A published treatise on the subject law
provided that court takes judicial
notice of the competence of the writer,
or evidence is introduced to establish
the author’s competence (Rule 130,
sec 46, ROC)
Case: Fleumer vs Hix
Facts:
A foreigner died with a will a will allegedly executed
with the formalities of west virginia law, to prove such
law, the proponent presented in evidence a copy of
said law found in the National Library together with a
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certificate signed by the Director of National Library,
has the foreign law been proved?
HELD:
NO. The book presented was not an official
publication, likewise no certificate from the officer
having custody of originaland no proof that law is still
in force.
 If UNWRITTEN law, it may be proved by
 The oral testimony of expert wtitness
 By printed and published books of
reports of decisions of the country
involved, if proved to be commonly
admitted in such courts.
Question: to prove Chinese law, the proponents of
wikk presented in evidence written answers to certain
written questions of the Chinese Consul General, has
the existence of law been proved?
Answer: NO. A chinese consul-general is not an
expert on the matter
What is PROCESSUAL PRESUMPTION OF
LAW?
-when the proper foreign law has not been properly
proved, the court of the forum may presume that said
foreign law is the same as its local or domestic law,
which it can now apply.
Exceptions to comity
a) When the application of law is contrary to
sound and established public policy of the
forum.
PUBLIC POLICY-the manifest will of a state,
that which it desires on account of its own
fundamental principles of justice. Its own
conception of morals, and its deep rooted
traditions for the common well.
Example: joints will (Art 818,819) , incestuous
marriage
Question: may a decree of absolute divorce obtained
abroad by Filipinos be given effect today in the
Philippines?
Answer: NO. Such decree would counter public
policy of our forum. Art 15 of NCC applies on legal
statis, condition and legal capacity of pesons binding
upon its citizens even though living abroad. ( Tip:do
not think of Art 26 of the FC when not provided in
the facts. 😉)
Question: incestuous martiages of filipinos held
abroad, can it be valid in the Philippines pursuant to
Art 26 of th FC?
Answer: NO. Art 26 of the FC is a general provision
which cannot prevail over ART 38 of the FC which is
a specific provision governing quasi-incestuous
marriages.
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b) Contra Bonos Mores
-when the foreign law is contrary to the almost
universally conceded principled of morality.
Example: foreign laws recognizing prostitution.
c) Foreign law involves procedural matters
-there is no vested rights in the rules of procedure,
hence, a party to an action must submit himself to
procedural formalities of the forum, except when the
law is both procedural and substantive, like the rules
on prescription, and the statute of frauds.
d) Foreign penal laws or crimes committed in
foreign countries cannot be persecuted in
the Philippines pursuant to territoriality
principle in Criminal Law
-crimes committed in foreign countries are violations
of penal laws of those countries and cannot be
prosecuted here.
-a “penal clause” in a contract entered into abroad
may be enforced here because such is not criminal in
nature but only provides for liquidated damages.
Example: in a contract entered between two persons,
a “penalty clause”is provided in cases of default in
performance.
Question: suppose a citizen of State X, was divorced
and ordered not to remarry as the guilty spouse. Can
he remarry in the Philippines?
Answer: Yes. Prohibition is Penal. Thus, must be
refused enforcement in our forum
Question: in the above problem, the prohibition is
against both spouses, would the answer be the same?
Answer: NO. The incapacity should be given effect in
our forum since the same is not penal in character
NOTES:
1. If a person has already been convicted in
another state and has fled to another state, the
latter may be given the right to hold him liable
on the ground that the state has the right to
protect its own citizens. A crime of rape, is a
crime against all men and women,regardless
of state.
2. However, if no trial and conviction has been
held yet, the principle of territoriality rests on
solid ground.
e) Foreign fiscal or administrative laws
-we cannot be concerned with the collection of taxes
or governmental functions of other states
f) Foreign law involves injustice or injury to
the residents of the forum
A law or judgment or contract that is obviously unjust
negates the fundamental principles of conflict of laws.
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Question: In state X where, a person 15 years of age
can validly enter a contract, a 15 year olf Filipino,
contracts with another, should we render such as
binding?
Answer: No. It is an obvious violence to our sense of
justice
Question: if in country X, contracts entered by persons
less than 25 is void, two filipinos less than 25
sojourning there entered into a contract. Is it valid?
Answer: Yes. In our laws, 18 is the age of majority.
Moreover parties intended for our kaws to apply. To
rule otherwise is manifest injustice
g) Foreign law endanger the foreign relations
or vital interests of the state
h) When the case involves real and personal
properties situated in the forum
Real property is governed by the lex situs ( land is
situated in the Philippines, its laws govern its
alienation, encumberance, and its disposition) ART 16
Personal property rule is mobilia sequuntur
personam, the thing follows the owner ART 10
PRINCIPLE OF FORUM NON CONVENIENS
Is the refusal of the to assume jurisdiction for to do
so would be inconvenient for the forum
Manifested through:
 The evidence and the witnesses may not be
readily available
 The court dockets of the forum may already be
clogged
 To curb the evils of forum shopping
 The forum has no particular interest in the case
 Other courts or forum are open may be better
to render judgment
 Difficulty of ascertaining foreign law
 Inadequacy of local judicial machiner
 Belief that the matter can be better tried and
decided in another jurisdiction, either because
the main aspects transpired thereofor material
witnesses have their residence thereof
Case: Continental micronesia vs Basso
Facts:
Continental micronesia is a US corporation licensed to do
business in the Phillippines, its general manager offered
herein respondent the position of general manager of its
Philippine branch. Basso filed a complaint to the labor
arbiter alledging that he was illegally dismissed.
Issue:
whether or not the case was under the jurisdiction of our
labor tribunals.
Ruling:
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According to Doctrine of forum non conveniens, a
Philippine court in a conflict-of-laws case may assume
jurisdiction if it chooses to do so, provided, that the
following requisites are met:
(1) that the Philippine Court is one to which the parties may
conveniently resort to;
(2) that the Philippine Court is in a position to make an
intelligent decision as to the law and the facts; and (3) that
the Philippine Court has or is likely to have power to
enforce its decision.
All these requisites are present here.
Basso may conveniently resort to our labor tribunals as he
and CMI lad physical presence in the Philippines during
the duration of the trial. CMI has a Philippine branch,
while Basso, before his death, was residing here. Thus, it
could be reasonably expected that no extraordinary
measures were needed for the parties to make
arrangements in advocating their respective cases.
The labor tribunals can make an intelligent decision as to
the law and facts. The incident subject of this case (i.e.
dismissal of Basso) happened in the Philippines, the
surrounding circumstances of which can be ascertained
without having to leave the Philippines. The acts that
allegedly led to loss of trust and confidence and Basso's
eventual dismissal were committed in the Philippines. As to
the law, we hold that Philippine law is the proper law of he
forum, as we shall discuss shortly. Also, the labor tribunals
have the power to enforce their judgments because they
acquired jurisdiction over the persons of both parties.
Our labor tribunals being the convenient fora, the next
question is what law should apply in resolving this case.
The choice-of-law issue in a conflict-of-laws case seeks to
answer the following important questions: (1) What legal
system should control a given situation where some of the
significant facts occurred in two or more states; and
(2) to what extent should the chosen legal system
regulate the situation.
These questions are entirely different from the question of
jurisdiction that only seeks to answer whether the courts of
a state where the case is initiated have jurisdiction to enter
a judgment.As such, the power to exercise jurisdiction does
not automatically give a state constitutional authority to
apply forum law.
Philippine law the applicable law. Basso, though a
US citizen, was a resident here from he time he was hired
by CMI until his death during the pendency of the case.
CMI, while a foreign corporation, has a license to do
business in the Philippines and maintains a branch here,
where Basso was hired to work. The contract of
employment was negotiated in the Philippines. A purely
consensual contract, it was also perfected in the
Philippines when Basso accepted the terms and conditions
of his employment as offered by CMI. The place of
performance relative to Biasso's contractual duties was in
the Philippines. The alleged prohibited acts of Basso that
warranted his dismissal were committed in the Philippines.
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,
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notwithstanding some references made to US laws and the
fact that this intention was not expressly stated in the
contract.
THEORIES WHY INTERNATIONAL LAW
MAY BE GIVEN EFFECT
 Theory of Comity
Comity- is neither a matter of absolute obligation nor
a mere courtesy,and goodwill. It is a recognition which
one nation allows within its territory, legislative,
executive, and judicial acts of another nation having
due regard both to international duty and convenience,
and to the rights of its own citizens, of other persons
who are under the protection of its laws.
Two kinds:
1. The comity based in reciprocity
-if the laws and judgments of the forum are recognized
in a foreign state, the forum will in turn recognize such
2. Comity based on the persuasiveness of a
foreign judgment
-a foreign final order or judgment is a presumptive
evidence of a rights between parties and their
successors in interest. Such may be repelled by
evidence of want of jurisdiction or notice, or
collusion,or fraud.
-regardless of reciprocity, forum is persuaded by a
foreign judgment if such is meritorious.
Illustration:
Final judgment by American courts are not regarded
with finality in french tribunal even if the former had
jurisdiction. Such final judgment are reviewable upon
merits and are only prima facie evidence not entitled
to full credit and conclusivity.
 Theory of vested rights
We seek to enforce not the foreign law or the foreign
judgment itself but simply the vested rights that have
been vested under such foreign law.
 Theory of local law
-we apply the foreign law not because it is foreign
but because our own rules by applying similar rules
require us to do so. Hence it is as if foreign law has
become part and parcel of our oen local law.
Illustration: Art 16 Par 2 of NCC provides that with
respect to amount of successional rights, order of
succession and the intrinsic validity if testamentary
provisions are governed by the national law of the
person whose succession is under consideration.
 Theory of harmony of laws
Foreign law has to be applied so that wherever a case
is decided, irrespective of the forum,the solution
shoukd approximately be the same. Identical
problems must have identical solutions.
 Theory of justice
Purpose of conflict of laws is to dispense justice.
RENVOI
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-a procedure whereby a jural matter presented is
referred by the conflict of laws rules of the forum to a
foreign state, the conflict of laws rule of which in
turn refers the matter back to the law of the forum or
a third state.
- arises when states are governed by the nationality
theoryon one hand and a domicilliary on the other.
Case: Estate of Amos Bellis vs Bellis
FACTS:
Amos G. Bellis was a citizen of the State of Texas and of the
United States. He had five legitimate children with his first
wife (whom he divorced), three legitimate children with
his second wife (who survived him) and, finally, three
illegitimate children.
6 years prior Amos Bellis’ death, he executed two(2) wills,
apportioning the remainder of his estate and properties to
his seven surviving children. The appellants filed their
oppositions to the project of partition claiming that they
have been deprived of their legitimes to which they were
entitled according to the Philippine law. Appellants argued
that the deceased wanted his Philippine estate to be
governed by the Philippine law, thus the creation of two
separate wills.
ISSUE:
Whether or not the Philippine law be applied in the case in
the determination of the illegitimate children’s
successional rights
RULING:
Court ruled that provision in a foreigner’s will to the effect
that his properties shall be distributed in accordance with
Philippine law and not with his national law, is illegal and
void, for his national law cannot be ignored in view of
those matters that Article 10 — now Article 16 — of the
Civil Code states said national law should govern.
Where the testator was a citizen of Texas and domiciled in
Texas, the intrinsic validity of his will should be governed
by his national law. Since Texas law does not require
legitimes, then his will, which deprived his illegitimate
children of the legitimes, is valid.
The Supreme Court held that the illegitimate children are
not entitled to the legitimes under the texas law, which is
the national law of the deceased.
Renvoi would have arised if the texas law has a rule
adopting the situs rule where the properties are situated,
since the properties involved were found in the
Philippines.
It becomes relevant in cases where the individual involved
is a national of one country and a domiciliary of another;
or with respect to property, the property is located in one
country and the law of another is being invoked relative to
the issues concerning the property. So much so that where
an individual (a decedent) is a national and a domiciliary of
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one country (say, Texas U.S.), there can be no Renvoi as to
the issue concerning the validity of his disposition by virtue
of the will here in the Philippines since it is the law of the
nationality which is to be applied and there was no
instance of the matter being referred back (Bellis vs. Bellis;
Note that in the case, the Doctrine of Processual
Presumption was applied).
Example:
Renvoi Doctrine was applied was in the case of Aznar vs.
Garcia. The Decedent was a national of California and a
domiciliary of the Philippines. The acknowledged natural
child claimed her right to her legitime pursuant to
Philippine law. This was opposed by the decedent’s
executor contending that the will, not mentioning her
legitimes, was valid pursuant to Californian law. The Court
in the Philippines ruled in favor of the child. The reason:
while the Philippine laws hold that it is the law of the
country of nationality of the decedent which should
govern, where the law of the latter refers back the matter
to the forum or domiciliary, there is Renvoi. Thus the
Philippine Court will take cognizance of the issue and
apply the law of the Philippines. The law of the state of
California provides for the applicBility of the law of the
domicile, by reason of which the Court validly ruled in
favor of the acknowledged natural child.
VERY IMPORTANT PROVISIONS
NEW CIVIL CODE
Article 15. Laws relating to family rights and duties, or to
the status, condition and legal capacity of persons are
binding upon citizens of the Philippines, even though living
abroad. (9a)
Article 16. Real property as well as personal property is
subject to the law of the country where it is stipulated.
However, intestate and testamentary successions, both
with respect to the order of succession and to the amount
of successional rights and to the intrinsic validity of
testamentary provisions, shall be regulated by the national
law 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. (10a)
Article 17. 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.
When 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 persons, their acts or
property, and those which have for their object public
order, public policy and good customs shall not be
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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