PART ONE: INTRODUCTION *judgment stated in clear and formal record

CHAPTER I: SCOPE OF CONFLICT OF LAWS: ITS NATURE, DEFINITION AND IMPORTANCE -judgment may be IMPEACHED if:
1 DIVERSITY OF LAWS AND CUSTOMS *fraud or prejudice
-190 independent and sovereign states, and still growing *principles of IL and COMITY, it should not be given full credit
-each state have different legal system (own laws, own jurisprudence) influenced by *it is usual that countries not give conclusive effect on foreign judgments, mere prima facie effect
*religion DISSENTING: J HARLAN, BREWER AND JACKSON:
*customs -apply res judicata and public policy that there should be end to litigation
*culture 1 DEFINITION
-with development in transportation and communication, interaction between nationals of states Part of municipal law which governs cases involving a foreign element
are increasing MINOR: those universal principles of right and justice which govern the courts of one state
-division of world into many independent states with own laws + occurrence of events that contains having before them cases involving
elements significant to more than 1 legal system = conflict of laws ...the operation
-there were attempts to have a uniform law (by ASEAN) but because of principles of ...and effect f laws of another state or country
SOVEREIGNTY and INDEPENDENCE, this may not be achieved CHESIRE: part of law which comes into play
-attempts to have uniform law: when the issue before the court
*1928 Sixth International Conference of American States in Havana: on PRIL AFFECTS SOME FACT OR EVENT OR TRANSACTION
*Bustamante Code: uniform provisions on civil law, commercial law, penal law and law on that is SO CLOSELY CONNECTED W/ FOREIGN SYSTEM OF LAW
procedure (wehe so walang political law and ethics) as to necessitate recourse to that system
*creation of the Inter-American Council of Jurists by OAS in 1948 - but has not achieved anything
2nd ed, American Jurisprudence: part of the law of each state or nation
concrete
which determines whether, in dealing w/ a legal situation,
*1951 Hague Convention on PRIL: on family law, succession and products liability (3 lang to ah)
the law of some other state or nation will be
-PRIL confronts not only judges but also administrative agencies
...recognized,
-adoption/incorporation of principles of PRIL in municipal law is based on COMITY
...given effect
HILTON V. GUYOT
...or applied
f: 2 cases
CASE 1: Gustave Guyot (liquidator for French firm CHARLES FORTRICH & CO.) sued co- HILTON v. GUYOT: law concerning the rights of persons within the territory and dominion of one
partners of A.T. STEWART & CO. Henry Hilton and William Libbey (residents of NY) in FRENCH nation, by reason of acts, private or public, done within the dominion of another nation
COURT for amount due to the French firm PIL vs. PRIL
Summary Category PUBLIC IL PRIVATE il
Plaintiff: french
Defendant: american Applicability of ratione Relationships of states among themselves Relationship of ind
Forum 1: France personae and ratione materiae involve a foreign e
Case2: Guyot sued Hilton and Libbey in US Circuit Court for the amount due based on the
FRENCH JUDGMENT. US CC held judgment conclusive, entered decree in favor of Guyot W/O
Sources of law A38, ICJ Statute: GR: from internal
EXAMINING ANEW MERITS OF THE CASE
*custom law extraneous to
-Hilton and Libbey now appeals: French courts gives no force and effect to the duly rendered
*treaties NATIONAL CONF
judgments in US Courts against French citizens SO US courts should also not give force and effect
*GPIL
to French judgments against US citizens
*juridical decisions X: if conflict gover
H: for Hilton and Libbey
*teachings of most highly qualified e.g. Hague Conve
GR: Law has only effect within territory of state
publicists form of testamenta
"No law has any effect, of its own force, beyond the limits of the sovereignty from which its
INTERNATIONAL
authority is derived. "
conventions
X: if there's comity of nations
*foreign case law
"The extent to which the law of one nation, as put in force within its territory, whether by executive
*commentaries int
order, by legislative act, or by judicial decree, shall be allowed to operate within the dominion of
another nation, DEPENDS UPON what our greatest jurists have been content to call THE
COMITY OF NATIONS" Persons involved *States *Individuals
COMITY *Internationally Recognized organizations *Corporations
-neither a matter of absolute obligation nor mere courtesy and good will
-RECOGNITION WHICH ONE NATION ALLOWS WITHIN ITS TERRITORY Transactions governed State to state Private transaction
OF THE LEGISLATIVE Government to government
EXECUTIVE
OR JUDICIAL ACTS Remedies *Diplomatic protest *courts
OF ANOTHER NATION, *peaceful means of settlement of *admin tribunals
HAVING DUE REGARD BOTH TO international disputes:
...INTERNATIONAL DUTY >diplomatic negotiations
AND CONVENIENCE >arbitration
AND TO THE RIGHTS OF ITS OWN CITIZENS OR OF OTHER PERSONS WHO ARE UNDER >conciliation
THE PROTECTION OF ITS LAWS *adjudication by filing case before int'l
-application to the case: French only gives prima facie effect (not conclusive) on the judgment of tribunals
foreign courts unless that state has treaty with France *war
-France tries the case anew
Municipal law vs. Conflict of Law rules in Municipal law
-Prima facie evidence yung judgment iff:
*rendered by competent court having jurisdiction over COA and Parties Municipal law Conflict of Law in ML
*upon due allegations and proofs
*opportunity to defend against them No foreign element present Involves foreign element
*proceedings are according to course of civilized jurisprudence
 OBJECT, FUNCTION AND SCOPE Ius Commne: supranational law based on Roman Law, became continental European Common
Object and Function Law
-provide rational and valid rules or guidelines in deciding cases where involved relates to more -nations began codifying their national laws to include conflict of laws provisions:
than one jurisdiction *Bavarian Code: theory of statutes
-protection of rational expectations *Prussian Code: theory of efficacy of contracts
-stability and uniformity of solutions *French Civil Code: pattern for Civil Codes of Spain, Belgium, and Romania: nationality principle
ArtII (2), 1987 CONSTI: Recognize generally accepted principle of IL, -adopted by RP: ART15, NCC
Adhere to the policy of peace, equality, justice, freedom, cooperation and amity with all J. JOSEPTH STORY: Commentaries on the Conflict of Laws - territorial theory/comitas gentium
nations approach
SCOPE: almost all subjects -territorial sovereignty, founded conflict of laws on the principle of comity of nations
Jurisdiction of courts -adopted by JOSEPH BEALE, American Restatement of Conflict of Laws, developed territorial
Evidence of proof of foreign law "VESTED RIGHTS" school of thought
FREDERICH CARL VON SAVIGNY: System of Modern Law - Situs theory
Personal law of individuals and juridical entities
-advocated historical school of jurisprudence
Naturalization law -applicationof foreign law was not due to comity BUT the resultant benefits for everyone
Laws on domicile and residence concerned
Family relations -founder of MODERN PRIL
Contracts -theory of situs/seat of legal relationship: every element of a transaction be governed by the
Torts law of the place with which said element has the most substantive connection
Crimes PASCUALE MANICINI: Nationality as the Basis of Law of Nations- nationality theory(sortof
Mixed statute)
Corpo law
-nationality theory on
Property law Status
International air transport (Warsaw convention) Capacity
CHAPTER II: A BRIEF HISTORY AND DEVELOPMENT OF CONFLICT OF LAWS Private interests of the individual
ROMAN LAW ORIGIN -NEW THEORY OF PRIL
Roman Empire MODRN DEVELOPMENTS
Ius gentium: *Neostatutists: when two or more independent laws are applicable to a conflict of laws problem,
-law of nations in PIL the method so devised determines what law shall prevail
-governs relations of States *Internationalists: there should be a single body of rules that can solve problems involving foreign
-body of rules developed by the PRAETOR PEREGRINUS to resolve disputes between element
Foreigners *Territorialists: law of the State applied to persons and things within the State, no foreign law
Foreigners and Roman Citizens should be applied
Ius Civile: applied only to Roman Citizens -branch: only rights vested or acquired under a foreign law are recognized but not the foreign law
Italy itself
-Italy was divided into many city-states, each have own law - so they have conflicts of law *2nd Restatement, William Reese: the law to be applied in a conflict of laws case is the law of the
problems most significant relationship
BARTOLUS (father of conflict of laws): formulated the THEORY OF STATUTES *CAVERS, CURRIE AND EHRENZWEIG: policy-centered approaches
-the theory of statutes was used by the Italian city-states to resolve conflict of law issues Conflict of Laws in RP
STATUTES classification -only when RP became sovereign state
REAL STATUTES (STATUTA REALIA): applied to immovable property w/n the state In NCC
PERSONAL STATUTES (STATUTA PERSONALIA): followed persons even outside his domicile, Art15: nationality principle
governed all questions concerning Art. 15. Laws relating to
personal status *family rights and duties,
capacity *or to the status,
movables *condition and
MIXED STATUTES (STATUTA MIXTA): on contracts - depend on where entered *legal capacity of persons are
16th century France binding upon citizens of the Philippines, even though living abroad. (9a)
CHARLES DUMOULIN: method to determine what law would govern CONTRACTS BETWEEN Art16(1): lex situs rule - from Art10 of Spanish CC
DIFFERENT NATIONALS Art. 16. Real property as well as personal property is subject to the law of the country
BERTRAND D'ARGENTE: PRINCIPLE OF UNIVERSAL SUCCESSION where it is stipulated.
Netherlands Art 16(2): universal successsion -from Art11 of Spanish Civil Code
BURGUDNOU, RODENBERG, ULRICH HUBER (first used CONFLICT OF LAWS): State was However, intestate and testamentary successions, both with respect to the order of
under no obligation to apply foreign law UNLESS imposed by succession and to the amount of successional rights and to the intrinsic validity of
treaty testamentary provisions, shall be regulated by the national law of the person whose
COMITAS GENTIUM (Comity of Nations?) succession is under consideration, whatever may be the nature of the property and
on consideration of courtesy and expediency regardless of the country wherein said property may be found. (10a)
JOHN VOET: no statue, real, personal or mixed, can act by itself beyond the territory of the Art17(1): lex loci contractus -from Art11 of Spanish Civil Code
legislator nor can it have any effect elsewhere against the will of the legislator of another state *no significant jurisprudence on PRIL in RP
-Territorial Principle: Art. 17. The forms and solemnities of contracts, wills, and other public instruments shall be
GR: laws of every state may operate ONLY WITHIN THE TERRITORIAL LIMIT OF SUCH STATE governed by the laws of the country in which they are executed.
X: may recognize laws of another country PROVIDED that it will not prejudice the subjects of the When the acts referred to are executed before the diplomatic or consular officials of the
sovereign whose recognition is sought Republic of the Philippines in a foreign country, the solemnities established by Philippine
*Comitas Gentium (Comity of Nations) approach readily accepted laws shall be observed in their execution.
-most trans-jurisdictional disputes to be resolved by the application of IUS GENTIUM or IUS Prohibitive laws concerning persons, their acts or property, and those which have, for their
COMMUNE object, public order, public policy and good customs shall not be rendered ineffective by
 laws or judgments promulgated, or by determinations or conventions agreed upon in a 1 Paris Convention for the Protection of Industrial Property
foreign country. (11a) 1 Hague Conventions on PRIL:
Art. 18. In matters which are governed by the Code of Commerce and special laws, their personal status
deficiency shall be supplied by the provisions of this Code. (16a) patrimonial family status
-in Law School: patrimonial status such as agency and trusts
*PRIL included in Curriculum at start of Law school (1911) 1 Convention on Recognition of Foreign Judgment on Civil and Commercial matters
*PRIL included under Civil Law in Bar exams 1 Convention in Respect of Inter Country Adoption
*more transactions involving Filipinos abroad, increasing application of PRIL in the Philippines TREATIESES, COMMENTARES AND STUDIES OF LEARNED SOCIETIES
CHAPTER III: SOURCES OF CONFLICTS OF LAWS European
CODES AND STATUTES Ulrich Huber, De Conflicto Legum Diversarum in Diversia Impecis
-Conflict of Laws from Continental Europe - codified - so Civil Codes are primary sources of Mareas (di ba Manresa?), Comentarios al Codigo Civil Espanol
Conflict of Laws rules FK von Savigny, System des Beutigen Romishcen Rights, english translation by Guthrie
-principle of ius gentium: codified in Roman Codes Andrei Weiss, Traite Theorique et Pratique de Droit International Prive
-rule on Personal law: Code of Napoleon, followed by American and English
*Codes of Netherlands JH Beale, Conflict of Laws
*Romania DF Cavers, The Choice of Law Process
*Italy E. Cheatham, Cases and Materials on Conflict of Laws
*Portugal B. Currie, Selected Essays on the Conflict of Laws
*Spain A. Ehrenzweig, A Treatise on the Conflict of Laws
HF Goodrich, Conflict of Laws
In RP AK Kuhn, Commentarieson PRIL
Spanish Civil Code of 1888: enforced in RP Dec7, 1889 until August 30, 1950 A Gussbaum, Principles of PRIL
-Conflict of laws provisions adopted by RP NCC E Rabel, The Conflict of Laws
Code of Commerce of Spain: foreign transactions provisions - also enforced in Dec1, 1888 J Story, Commentaries on the Conflict of Laws
New: F Wharton, Treatiese on the Conflict of Laws
1987 Consti: Nationality, Comity GC Chesire, Private International Law
Special Statutes: RH Graveson, Conflict of laws
Corporation Code American Institute
General Banking Act Restatement of the Conflicts of Laws
Act Instituting Foreign Currency System in the Philippines Second Restatement
Philippine Foreign Law Guarantee Corporation JUDICIAL DECISIONS
Graveson: this branch of law is more completely judge-made than almost any other
Act Regulating Retail Business
PART TWO: JURISDICTION AND CHOICE OF LAW
Anti-Dummy Law CHAPTER IV: JURISDICTION
Nationalization of the Rice and Corn Industry Judicial Jurisdiction: power or authority of a court to
Insurance Code ...try a case
Protection of Intellectual Property render judgment
Patent Law and execute it in accordance with law
Tradesmark Law Legislative jurisdiction: ability of the state to
promulgate laws
COGSA
enforce them
Salvage Law On all persons and property within its territory
Public Service Act Four major questions:
Civil Aeronautics Act Has the court JURISDICTION OVER PERSON OF DEFENDANT OR HIS PROPERTY
Philippine Overseas Shipping Act Has the court JURISDICTION OVER THE SUBJECT MATTER/competency
Investment Incentives Act Has the suit been brought in the PROPER VENUE in cases where a foreign element is involved
Export Incentives Act Is there a STATUTE OR DOCTRINE under which a court otherwise qualified to try the case may or
RA 7722 liberalizing entry of foreign banks in the Philippines may not refuse to entertain it (FORUM NON CONVENIENS)
TREATIES AND INTERNATIONAL CONVENTIONS BASIS OF EXERCISE OF JUDICIAL JURISDICTION
1 Convention on International Civil Aviation Jurisdiciton over the person (FORUM-DEFENDANT CONTACTS)
1 Convention for the Unification of Certain Rules relating to international Carriage by Air - Jurisdiction over the res (FORUM-PROPERTY CONTACTS)
Warsaw Convention Jurisdiction over the subject-matter
1 Convention on Offenses Committed on Board Aircraft
NOTE: Forum = place where the judicial jurisdiction is sought to be exercised
1 Convention for Suppression of Unlawful Acts against the Safety of Civil Aviation
Notes from CIVPRO LEONEN
1 UN COGSA
1 Convention on the Consent to Marriage, Minimum Age for Marriage and Registration of Venue (R4) Summons (R14)
Marriages
1 Convention on Traffic of Person Real Actions: action affecting title to or possession of real property or any Action in Rem: Actions, the judg
1 Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) interest therein
1 Convention on Political Rights of Women
1 International Convention for the Suppression of the Traffic in Women and Children Personal Actions: all other actions Action in Personam: Actions, th
1 Convention for the Suppression of the Traffic in Persons and of the Exploitation of the to the action
Prostitution of Others
1 Convention Establishing the World Intellectual Property Organization HOW SERVED
1 Berne Conventions for the Protection of Literary and Artistic Works
1 Convention for the Protection of Industrial Property
 Action in personam Action in Personam One which is directed against particular persons on the basis of their personal liab
the judgment wherein is binding only upon the parties impleaded or their successo
Natural persons 1. personal service
-defendant who may be: -deliver summons + copy of complaint to defendant Action Quasi in Rem One directed against particular persons but the purpose of which is to bar and bind
1. defendant -tender summons + copy of complaint who claims any interest in the property or right subject of the suit.
2. prisoner 2. substituted service
3. entity w/o juridical -only resorted to when: De Midgely v. Ferandos
personality a. justifiable causes A quasi in rem action is an action between parties where the direct object is to reach and
4. minors and incompetents b. cannot serve defendant w/n reasonable time dispose of property owned by them or some interest therein. Jurisdiction was acquired
5. resident temporarily out c. all reasonable diligent efforts have been exerted because it was a quasi in rem action, where jurisdiction over the person is not required
of RP -HOW: leave copies at and where the service of summons is required only for the purpose of complying with the
6. defendant cannot be *defendants residence: person then residing therein w/sufficient age and requirement of due process.
found + does not reside in discretion JURISDICTION OVER THE PERSON (in personam Jurisdiction)
RP *OR office/regular place of business: person in charge thereof Generally
7. defendant unknown 1 Voluntary appearance
FOR 7 (unknown defendant) 1 Submission to authority
-w/leave of court, service by publication in a newspaper of general OVER THE PERSON OF THE PLAINTIFF
circulation -when plaintiff invokes the aid of the court by filling a suit
FOR 5 and 6 extraterritorial service OVER THE PERSON OF THE DEFENDANT
-w/leave of court 1 Enters appearance
1. personal service outside RP GR: appearance of defendant or lawyer - gives consent for the forum's exercise of
2. by publication + send through registered mail to the last known jurisdiction over him
address the copy of the summons X: Special appearance for the purpose of protesting the jurisdiction of the court
3. any manner the court deems sufficient 1 If non-resident who is initially the plaintiff: if counterclaim filed against him, he is
already deemed to be under the court's exercise of jurisdiction
Juridical persons 1 Served with the legal process within the state: SERVICE OF SUMMONS (RULE 14,
ROC)
Section 6: PERSONAL SERVICE
1. DOMESTIC CORP (corporations, 1. personal service on (6 persons only list exclusive):
-handing him a copy
partnership, association organized under a. President
-tendering him a copy if he refuses
RP Laws) b. GM
Section 7: Substituted Service
c. Managing Partner
-for justifiable causes, defendant cannot be served w/n reasonable time personally
d. Corporate Secretary
a. Residence: with some person of SUITABLE AGE and DISCRETION THEN RESIDING
e. Corporate Treasurer
THEREIN b. OFFICE/ REGULAR PLACE OF BUSINESS: competent person in charge
f. In house counsel
thereof
- no substituted service!
Section 12: Service upon Foreign Private Juridical Entity (FPJE)
Defendant: foreign Private Juridical Entity
2. FPJE Personal service ON (successive) -transacted business in RP
1 resident agent designated in accordance w/law How Service made:
1 government official designated by law a. on RESIDENT AGENT designated in accordance with law for that purpose
1 any of the officers or agents w/n RP b. if NO AGENT:
i. on government official designated by law to that effect
3. Public Corp RP: Solgen Ii. On any of its officers or agents within the Philippines
LGU: executive head, other officer/s as law or court may direct Section 15. Extraterritorial Service
Notes from CIVPRO AVENA Defendant:
Nature of Actions a. Does not reside + not found in RP
1. As to SUBJECT MATTER a. Action affects the personal status of plaintiff
a. Relates to, or the subject of which is, property within the Philippines in which the
Real Action Action brought for the protection of real rights, land, tenements or hereditaments or one founded on privity of estate
defendant hasonly
or claims a lien or interest, actual or contingent
(accion reivindicatoria) a. Or in which the relief demanded consists, wholly or in part, in excluding the defendant
from any interest therein
Personal Action Action which is not founded upon privity of real rights or real property (action for a sum of money)a. Or the property of the defendant has been attached within the Philippines
How service:
Mixed Action Actions brought for protection or recovery of real property and also for award for damages sustained. -with leave of court
a. Personal service
Hernandez v. Rural Bank of Lucena a. By publication in a newspaper of general circulation in such places and for such time
Personal Action action against personal property as the court may order + copy of summons and order sent thru registered mail to last
Real Action action on real property known address
Action in Personam action against a person a. In any other manner the court may deem sufficient
Action in Rem action against a thing.
2. As to their BINDING EFFECT WILLIAM GEMPERLE V. HELEN SCHENKER
Action in Rem One which is not directed only against a particular persons but against the thing itself and the F:
object of which is to bar
Case(judgment
1: Helen Schenker, representing her husband Paul Schenker, filed with CFI of Rizal a
indifferently all who might be minded to make an objection against the right sought to be enforced which is binding
complaint vs. William Gemperle
to the whole world)
COA: enforcement of Schenker's initial subscription to shares of stock in Philippine-Swiss Trading
Co, Inc.
 -allegations published
Case2: William Gemperle vs. Paul Schenker
COA: damages? For publishing allegations which were irrelevant and immaterial to Case 1, with
the only purpose of attacking his honesty, integrity, and reputation and of bringing him into public
hatred, discreditas a business man
SERVICE OF SUMMONS: Done through wife of Paul, HELEN SCHENKER
I: WON the court acquired jurisdiction over the person of the defendant Paul Schenker, through the
service of summons to HELEN SCHENKER
Gemperle's arguments: Voluntary appearance on part of Schenker
- not special appearance, already filed answer without contesting court's jurisdiction
-Schenker even filed counterclaim
H:
ON Alleged voluntary appearance: none
The Answer contained affirmative defenses, including lack of jurisdiction over the person of Paul
Schenker
Counterclaim was filed by HELEN SCHENKER ONLY, not by PAUL SCHENKER
BUT COURT COULD STILL EXERCISE JURISDICTION over Paul Schenker BECAUSE OF THE
SERVICE OF SUMMONS TO MRS. HELEN SCHENKER
-Helen Schenker (as derived from the answer) was the REPRESENTATIVE AND ATTY IN FACT
OF PAUL SCHENKER
-had authority to sue, and be sued
JURISDICTION OVER THE PROPERTY (in rem jurisdiction)
Seizure of property under a legal process
Institution of legal proceedings wherein the court's power over the property is recognized and
made effective
-situs could bind the world, not just the interest of specific persons
-basis of exercise of jurisdiction: presence of the property within the territorial jurisdiction of the
forum
e.g. forfeiture of tangible property, registration of land title
Quasi In rem:
-based on state's physical power over the property found within its territory BUT affects only
interests of particular persons in that thing
e.g. action to quiet title to property: the claimant's title to the property in question is superior to
others
In Proceedings IN REM and QUASI IN REM: as long as there is adequate notice + opportunity to
be heard, okay na! this can be done through publication
PENNOYER V. NEFF
F:
Case 1:
Plaintiff: Mitchell Pennoyer? (from Oregon)
Forum: Oregon
Defendant: Neff, from California
Service of Summons: by PUBLICATION in an OREGON Newspaper
COA: for payment of $300 attorney's fees
-for execution of judgment, Pennoyer was awarded in public sale the land of Neff located in
Oregon
Case 2: Neff vs. Pennoyer
COA: for recovery of Neff's land from Pennoyer, illegality of public sale: no jurisdiction over
defendant so void judgment in Case 1
HELD: For Neff - case 1 judgment VOID because no jurisdiction over him
*Judgments in Personam - dapat personal service or substituted service (in RP ROC)
-if service by publication + defendant non resident + publication in place where nonresident could
not see the publication = fraud and oppression
Actions in Personam: object of the action is to determine the personal rights and obligations of
the defendants
-if non resident: process from the tribunals of one state CANNOT run into another state, and
summon parties there domiciled to leave its territory and respond to proceedings against them.
Nor can Publication.
*pede Substituted service by publication IFF (proceedings in rem)
Property is once brought under the control of the court by seizure or some equivalent act to any
proceedings authorized by law upon such seizure for its condemnation and sale
Object of the action is to reach and dispose of the property in the State or of some interest therein,
by enforcing a contract or a lien respecting the same
Or to partition the property in the state among different owners
When the public is a party, to condemn and appropriate it for a public purpose
*no jurisdiction over non-resident defendants when these non-resident defendants have no
property within the territory of the forum
*jurisdiction of the court to inquire into and determine the obligations of the non-resident is only
incidental to its jurisdiction over the property and its jurisdiction cannot be made to depend upon
facts to be ascertained after it has tried the cause and rendered the judgment.
***if the judgment is previously void (no jurisdiction over the person of the non-resident defendant),
it will not become valid by the subsequent discovery of the property of the nonresident defendant
or by his subsequent acquisition of it - or else, judgment would occupy a doubtful position of being
void or valid depending on the presence of property of the nonresident defendant in the forum's
territory
INTERNATIONAL SHOE CO. VS. WASHINGTON
Facts:
COA: International Shoe Company being assessed taxes by Washington State for employing
salesmen in Washington
Parties: International shoe Company is
-principal place of business: Missouri
-maintains places of business in other states aside from Washington
-no office in Washington, but they hired 11-13 salesmen under direct supervision and control of
sales managers based in Missouri
-these salesmen were not authorized to contract in Washington: they can only exhibit their
samples and solicit orders; approval of the transaction, shipping of transaction, invoice of shipment
were all made outside Washington
SERVICE: gave summons to agents + mailed it through registered mail at home office in Missouri
Washington SC:
the regular and systematic solicitation of orders in the state by International shoe's Salesmen
+ additional activities of its agents:
display of samples sometimes in permanent display rooms
...salesmen's residence in Washington
= resulted in the CONTITUOUS FLOW OF ITS PRODUCTS INTO WASHINGTON, SUFFICIENT
TO CONSTITUTE DOING BUSINESS IN THE STATE so as to make International Shoe amenable
to suits before Washington Courts
HELD: Washington can impose taxes on International Shoe
-Before; Judgment in personam: grounded on de facto power over defendant's person - presence
within territorial jurisdiction of a court was prerequisite to its rendition of a judgment personally
binding him [Pennoyer vs. Neff]
-now: capias ad respondendum gave way to personal service of summons or other form of notice,
OKAY NA IF DEFENDANT SHOULD HAVE CERTAIN MINIMUM CONTACTS WITH THE FORUM
SUCH THAT THE MAINTENANCE OF THE SUIT DOES NOT OFFEND "TRADITIONAL
NOTIONSO F FAIR PALY AND SUBSTANTIAL JUSTICE [Milliken v. Meyer]
-PRESENCE OF A CORPORATION (CORPORATE PERSONALITY IS A FICTION): its presence
without, as well as within a state of its origin can be manifested ONLY BY ACTIVITIES carried on
in its behalf by those who are authorized to act for it
-present/presence symbolize those activities of the corporation's agents within the state which
courts will deem to be sufficient to satisfy the demands of due process
-if ACTIVITIES
...continuous
systematic
also gives rise to the liabilities sued
EVEN if NO CONSENT TO BE SUED or NO AUTHORIZATION to an agent to accept
service of process
casual presence of the corporate agent or even his conduct of single or isolated items of
activities NOT ENOUGH TO SUBJECT THE NON-RESIDENT CORPORATION TO SUIT ON
CAUSES OF ACTION NOT CONNECTED WITH ITS ACTIVITIES
Vs.
If Continuous corporate operations - even if COA entirely distinct from activities, pede
It is enough that appellant (non-resident corporation - FPJE) has established such contacts with
the state that the particular form of substituted service adopted there gives reasonable assurance
that the notice will be actual.
Ma'am: this approach of minimum contacts and fundamental fairness demands that there be
forum-transaction contacts that will make it fundamentally fair to require the defendant to defend a
suit in the forum regardless of his nonresident status
MULLANE V. CENTRAL HANOVER BANK AND TRUST CO., TRUSTEE, ET.AL
FACTS:
Defendant: Central Hanover Bank
-a trust company IN NY
-had exclusive control and management of trust funds established y it under NY Banking
Law
 Plaintiffs: some are nonresidents of NY FACTS:
COA: for judicial settlement of assets - binding on everyone CFI case:
SERVICE: publication in NY, pursuant to law (even if the bank had the addresses of the Original Action: Eugene Perkins vs. Benguet Consolidated Mining Co. (BCMC) for recovery of
beneficiaries in its books!) dividends payable to him, which was withheld by company
Forum: NY BCMC (answer?): they withheld the payment because of adverse claims by Idonah
ISSUE: WON the judgment in NY court binds non-residents who are beneficiaries of the common Perkins (yes, his wife) and George Engelhard.
fund maintained by Central Hanover Bank which it wanted to settle Amended Complaint: impleaded Idonah and George (both nonresidents)
HELD: NY Banking Law violates DUE PROCESS so VOID - NY Judgment not binding Service: summons by publication
STANDARD FOR ADEQUATE NOTICE: the means employed must be such as one desirous Idonah's ANSWER w/ cross complaint: NY judgment adjudged her the sole owner of said
of actually informing the absentee might reasonably adopt to accomplish it. The reasonableness shares claimed by Eugene
and constitutional validity of any chosen method may be defended on the ground that it is in itself -alleged that NY Judgment is res judicata on all questions constituting the subject matter
reasonably certain to inform those affected of the case
Here: Bank had names, addresses of the beneficiaries of its trusts so Notice by Publication is not ISSUE: WON CFI had jurisdiction over the subject matter of case
enough: Where the names and post office addresses of those affected by a proceeding are at HELD: YES. CFI had jurisdiction to determine if NY Judgment is indeed res judicata
hand, the reasons disappear for resort to means less likely than the mails to apprise them of its JURISDICTION OVER SUBJECT MATTER:
pendency the nature of the cause of action
MA'AM: ADEQUATE NOTICE STANDARD and of the relief sought,
SHAFFER V. HEITNER conferred by the sovereign authority which organizes the court,
Plaintiff: Heitner (non resident of Delaware) and is to be sought for in
Defendants: Officers of Greyhound and Greyhound (Greyhound incorporated in Delaware BUT the general nature of its powers,
officers are nonresidents of Delaware) or in authority specially conferred
COA: violation of the officers of duties, resulting to criminal and civil antitrust liabilities Here:
RELIEF: motion for an order of sequestration of shares of Greyhound stocks belonging to the Eugene's prayes is for
officers (none of the certificates of stocks were in Delaware) BCMC to recognize him as the owner of the shares of stocks
Forum: Delaware (because it was Greyhound's state of incorporation) That Idonah and George be declared to have no claim on the stocks
SERVICE: Certified mail to last known address + publication in newspaper That Eugene be awarded costs of sutit
Delaware for Heitner so Officers appealed >>>Eugene's action is for ADJUDICATION OF TITLE TO CERTAIN SHARES OF STOCKS OF
ISSUE: WON there was sufficient contacts of the Officers of the Greyhound in Delaware to justify BCMC AND THE GRANTING OF AFFIRMATIVE RELIEFS = w/n CFI's jurisdiction
the exercise of Delaware Courts of jurisdiction over person of defendant officers Idonah's prayer:
HELD: NO. Being mere officers is not sufficient minimum contact For recogition of NY judgment + issue execution = also w/n CFI's jurisdiction
*Officer's holdings in Greyhound do not provide contacts with Delaware sufficient to support the On fear of Idonah that NY judgment be annuled
jurisdiction of Delaware Courts because property is NOT THE SUBJECT MATTER OF COURT: it is a question that goes to the merits of the controversy and relates to the rights of the
LITIGATION (not action in rem) parties as between each other, and NOT TO THE JURISDICTION OR POWER OF THE COURT
-Heitner used International Shoe vs. Washington to say that the officers should be liable for their *TEST OF JURISDICTION: WON the tribunal has the power to enter upon the inquiry, NOT
minimum contacts in Delaware + Delaware Corporation Law Whether its conclusion in the course of it is right or wrong
COURT: Delaware law bases jurisdiction not on the officers status as corporate fiduciaries, BUT
WAYS OF DEALING WITH CONFLICTS PROBLEM
ON THE PRESENCE of their PROPERTY in the state (here, none). The law does not concern
sequestration. And sequestration relevant only if the nonresident defendants have property in DISMISS CASE
Delaware. Doctrine of Forum non conveniens
*there is no necessary relationship between holding a position as a corporate fiduciary and owning -courts may decline to try the case on the ground that the controversy may be more suitably tried
stock or other interests in the corporation. elsewhere
*the Officers-appellants, who are not required to acquire interest in Greyhound in order to hold -literal interpretation: forum is inconvenient
their positions, did not by acquiring those interests, surrender their rights to be brought to judgment *Usual grounds when this was used by the court:
only in states with which they had "Minimum Contacts: When plaintiff made the choice of the forum primarily to harass defendant by inflicting upon him
MA'AM: US SC defined the outer reaches of permissible exercise of judicial jurisdiction when it unnecessary expense and hardship in pursuing the remedy
held that MINIMUM CONTACTS AND FUNDAMENTAL FAIRNESS TEST SHOLD BE SATISFIED Where non-resident plaintiff chose the forum because he felt that the jury verdicts were larger than
REGARDLESS OF WHETHER THE PROCEEDINGS ARE IN REM, QUASI IN REM OR IN in other for a
PERSONAM. Note that Shaffer demands that minimum contacts exist among the forum, When such was
defendant AND THE COA. In INTERNATIONAL SHOE, all that was required was minimum contact ASSUME JURISDICTION
between defendant and forum. PRIL: Jurisdiction over the Subject Matter
Long arm statutes 1 JURISDICTION OVER THE SUBJECT MATTER (competence)
-specify the kind of contacts upon which jurisdiction will be asserted by a sate -conferred by law or consti
e.g. Commission of tortuous acts w/n the state -based on the nature of the controversy
Celebration of a contract there -it is necessary that said power to try be properly invokedby filing a petition
Presence of property owned by defendant -cannot be conferred by consent of parties: decision is void if court exceeds its jurisdiction and
*if these or other minimum contacts exists, the court can exercise jurisdiction because it has a power in rendering it
justified interest in providing the plaintiff with a forum, no fundamental unfairness results IDONAH PERKINS V. ROXAS
-if long-arm statute broad, as long as it doesn't conflict with Consti, courts now have discretion to FACTS:
define on a case-to-case basis CFI case:
JURISDICTION OVER THE SUBJECT MATTER (competence) Original Action: Eugene Perkins vs. Benguet Consolidated Mining Co. (BCMC) for recovery of
-conferred by law or consti dividends payable to him, which was withheld by company
-based on the nature of the controversy BCMC (answer?): they withheld the payment because of adverse claims by Idonah Perkins (yes, his
-it is necessary that said power to try be properly invokedby filing a petition wife) and George Engelhard.
-cannot be conferred by consent of parties: decision is void if court exceeds its jurisdiction and Amended Complaint: impleaded Idonah and George (both nonresidents)
power in rendering it Service: summons by publication
IDONAH PERKINS V. ROXAS
 Idonah's ANSWER w/ cross complaint: NY judgment adjudged her the sole owner of said shares Facts
claimed by Eugene New York Insurance Company
-alleged that NY Judgment is res judicata on all questions constituting the subject matter of the -incorporated in NY
case -has statutory agents in Oregon, upon whom summons were made
ISSUE: WON CFI had jurisdiction over the subject matter of case -issued some 240 life insurance policies IN GERMANY, in German Marks, for GERMAN CITIZENS
HELD: YES. CFI had jurisdiction to determine if NY Judgment is indeed res judicata -as a condition to do business in Germany, they were compelled to
JURISDICTION OVER SUBJECT MATTER: (1) accede to the supervision and control of German insurance officials
the nature of the cause of action (2) invest the proceeds arising from German policies in German securities
and of the relief sought, (3) establish an office in Germany w/ an agent upon whom service can be made.
conferred by the sovereign authority which organizes the court, -the German citizens insured who are in US and Germany sued NY Insurance Company in US
and is to be sought for in Court
general nature of its powers, -they are arguing that since the court has jurisdiction of the subject matter + parties, it HAS NO
or in authority specially conferred DISCRETION but should proceed w/ case
Here: regardless where the COA arose
Eugene's prayes is for or law by which it is controlled
1 BCMC to recognize him as the owner of the shares of stocks or difficulty the court would encounter in attempting to interpret and enforce a foreign contract
1 That Idonah and George be declared to have no claim on the stocks or interference w/ other business of the court
1 That Eugene be awarded costs of sutit ISSUE: WON US courts are compelled to take cognizance of the dispute?
>>>Eugene's action is for ADJUDICATION OF TITLE TO CERTAIN SHARES OF STOCKS OF HELD: NO.
BCMC AND THE GRANTING OF AFFIRMATIVE RELIEFS = w/n CFI's jurisdiction -both US and German are open and functioning and competent to take jurisdiction of the
Idonah's prayer: controversies
For recogition of NY judgment + issue execution = also w/n CFI's jurisdiction -service can be made upon the defendants in either of such jurisdictions
On fear of Idonah that NY judgment be annuled BUT
COURT: it is a question that goes to the merits of the controversy and relates to the rights of the *to require NY Insurance Company to defend the actions in this district would impose upon
parties as between each other, and NOT TO THE JURISDICTION OR POWER OF THE COURT them great and unnecessary inconvenience and expense
*TEST OF JURISDICTION: WON the tribunal has the power to enter upon the inquiry, NOT >produce in US numerous records, books, and papers, all of which are in daily use by it in taking
Whether its conclusion in the course of it is right or wrong care of current business (in GERMANY)
1 WAYS OF DEALING WITH CONFLICTS PROBLEM *It would also cause inconveniences in US Courts
1 DISMISS CASE >consume months of time of court to try and dispose of it
Doctrine of Forum non conveniens >disarrange calendar, resulting in delay, inconvenience, and expense to other litigants
-courts may decline to try the case on the ground that the controversy may be more suitably tried *Forum non conveniens
elsewhere -The court has discretion to exercise jurisdiction. The courts have repeatedly refused, in their
-literal interpretation: forum is inconvenient discretion, to entertain jurisdiction in COA arising in a foreign jurisdiction, WHERE BOTH PARTIES
*Usual grounds when this was used by the court: ARE NONRESIDENTS OF THE FORUM
>When plaintiff made the choice of the forum primarily to harass defendant by inflicting upon him -The courts of this country are established and maintained primarily to determine controversies
unnecessary expense and hardship in pursuing the remedy between its own citizens and those having business there, and manifestly the court may protect
>Where non-resident plaintiff chose the forum because he felt that the jury verdicts were larger than itself against a flood of litigation over contracts made and to be performed in a foreign country
in other for a IN RE: UNION CARBIDE
>When such would be burdensome on the court or taxpayers FACTS -December 23, 1984, lethal gas known as METHYL ISOCYANATE was released from Union
>When the parties are non-residents and there was a severe backlog of cases when it perceived Carbide India Ltd in Bhopal, India. This killed over 2k persons, and injured over 200k.
that jury duty, when compulsory, should not be foisted on a community with no link with or interest in -four days after, some 145 class actions in federal district courts in US were commenced on behalf
the litigation of victims. The Judicial Panel assigned the actions to the Southern District of NY, and were
>when the court's local machinery was inadequate to effectuate a right, such as when it had no way consolidated
of securing evidence and the attendance of willing witnesses -India enacted the Bhopal Gas Leak Disaster (Process of Claims) Act which granted the Indian
Union Carbide Case (short summary, as mentioned) Government (Union of India or UOI) the exclusive right to represent the victims of India or
-thousands of residents of Bhopal, India filed suit for damages in NY as a result of a large scale elsewhere. Pursuant to this, UOI filed a separate case before the Southern District Court of NY
accident in a Union Carbide Bhopal's chemical plant. (different from the class actions earlier consolidated)
H: US Court dismissed case based on forum non conveniens doctrine -UCC moved to dismiss the complaints:
English and Scottish courts (1) forum non conveniens
-applied forum non conveniens when there was another available and ore appropriate forum, in (2) lack of standing to bring the actions to represent the victims
which the ends of justice would be better served, by eliminating the vexatious or oppressive DC: grant MTD, with the following conditions
character of the pending proceedings and by removing any unfairness to either party which would (1) UCC must consent to the jurisdiction of the Indian courts and waive defenses based on the
result from trial in the forum seized of the case Statute of Limitations
*Avoid global forum shopping: filing of repetitious suits in courts of different jurisdiction over a case (2) agree to satisfy the Indian Court judgment, which comport with the minimal requirements of due
-would result to different decisions by different courts process
First Philippine International Bank vs. Court of Appeals(short summary, as mentioned) (3) be subject to discover, under the Federal Rules of Civil Procedure in US
-forum-shopping originated from PRIL, where non-resident litigants are given the option to choose -UOI filed complaint in India vs. UCC and UCIL; the plaintiffs in the civil case (or rather, the
the forum or place wherein to bring the suit prosecutors) still appealed from the DC judgment, arguing:
-why: (1) UCC has domicile in US so US courts can exercise personal jurisdiction over the defendant
*to secure procedural advantages (2) most crucial and probative evidence is located in US
*to annoy and harass defendant HELD:
*to avoid overcrowded dockets 1 Dismissal forum non conveniens valid
*select a more friendly venue >Indian Citizen-Plaintiffs have revoked their authorizations of American counsels to represent them
Wing On Company v. Syyap and substituted UOI. UOI already filed with Indian court
-plaintiff's choice of forum should not be disturbed "unless the balance is strongly in favor of the >Indian courts provide reasonably adequate alternative forum
defendant" >though evidence in US: basic design programs,
HEINE V. NY INSURANCE COMPANY Most of the evidence in INDiA: *principal witnesses
 *documents bearing on the development and construction of the plant WHEN CAN'T REFUSE TO EXERCISE JURISDICTION:
*detailed designs *when the forum is the only state where jurisdiction over defendant can be obtained
*implementation of plans *when the forum provides procedural remedies not available in another state
*operation and regulation of the plant 1 ASSUME JURISDICTION
*safety precautions GR: apply law of the forum
*facts w/ respect to the accident itself 1 A specific law of the forum decrees that internal law should apply
*deaths and injuries attributable to the accident Civil Code
1 Conditions imposed not all sound Article 16: makes real and personal proerty subject to the law of the country where they are
1ST CONDITION: UCC must consent to the jurisdiction of the Indian courts and waive situated
defenses based on the Statute of Limitations Intestate and testamentary succession: governed by lex nationale of the person whose succession
-not unusual and has been imposed in numerous cases (to enable foreign court to provide adequate is under consideration
alternative) Article 829: makes revocation done outside the Philippines valid according to the law of the place
2ND CONDITION: agree to satisfy the Indian Court judgment, which comport with the where the will was made or lex domicilli
minimal requirements of due process Article 819: prohibits Filipinos from making joint wills even if valid in the country where they were
-proceeded on the erroneous assumption that absent such requirement, the plaintiffs might not be executed
able to enforce a favorable judgment vs. UCC in US 1 The proper foreign law was not properly pleaded and proved
NY Law, however, provides that it would render a "conclusive judgment" as final, conclusive and -no Judicial notice of foreign law
enforeceable, unless Relevant rules of evidence:
(1) there's a violation of due process, partial tribunals To prove written foreign law: follow requirements in Sec 24-25, Rule 132
(2) no personal jurisdiction over defendant May be subject of judicial admission
-the NY DC cannot exercise authority over Indian courts (UCC alleged that there might be violation Processual presumption - no proof nor admission, foreign law presumed to be the same as that in
of its right to due process by Indian courts so US DC should retain authority to monitor the Indian the Philippines
court proceedings and be available on call to rectify in some undefined way any abuses of UCC's Rule 132
right to due process): Section 19 - CLASSES OF DOCUMENTS
"ONCE IT DISMISSES THOSE PROCEEDINGS ON THE GROUND OF FORUM NON For the purpose of their presentation evidence,
CONVENIENS, IT CEASES TO HAVE ANY FURTHER JURISDICTION OVER THE MATTER documents are either public or private.
UNLESS AND UNTIL A PROCEEDING MAY SOME DAY BE BROUGHT TO ENFORCE HERE A PUBLIC DOCUMENTS are:
FINAL AND CONCLUSIVE INDIAN MONEY JUDGMENT" a. The written official acts, or records of the official acts of the sovereign authority,
3RD CONDITION: be subject to discover, under the Federal Rules of Civil Procedure in US official bodies and tribunals, and public officers, whether of the Philippines, or of a
-unfair: should afford both parties (defendant UCC and plaintiff UOI) equal access to both evidence, foreign country;
treat both sides equally a. Documents acknowledge before a notary public except last wills and testaments;
WING ON COMPANY V. SYYAP and
-Wing On Company incorporated in NY a. Public records, kept in the Philippines, of private documents required by law to
-Syyap Co., Inc. incorporated in RP the entered therein.
-contract entered in NY: All other writings are PRIVATE.
for the purchase of clothing material, w/ verbal agreement that Syyap would pay Wing On the value Section 24 - PROOF OF OFFICIAL RECORD
of the clothing material, then after the sale, the profits would be divided between them The record of public documents referred to in paragraph (a) of Section 19,
-clothing materials worth $22,246.04 shipped from NY to RP when admissible for any purpose,
-only $3,530.04 paid. Syyap failed to settle debt and account for profits. may be evidenced by an official publication thereof or
-Wing On Company sued Syyap in RP. by a copy attested by the officer having the legal custody of the record, or by his deputy, and
TC: for Wing On accompanied, if the record is not kept in the Philippines,
Arguments of Syyap: with a certificate that such officer has the custody.
(1) no jurisdiction: Wing On is not licensed to do business in RP, no legal capacity to sue If the office in which the record is kept is in foreign country,
(2) should have declined jurisdiction: forum non conveniens the certificate may be made by a secretary of the embassy or legation, consul general,
HELD consul, vice consul, or consular agent or by any officer in the foreign service of the
Affirm! Philippines
On Forum non Conveniens stationed in the foreign country in which the record is kept,
WHEN COURT WOULD DECLINE JURISDICTION BASED ON FOUM NON CONVENIENS and authenticated by the seal of his office.
-Unless the balance is strongly in favor of the defendant, the plaintiff's choice of forum should rarely Section 25 - WHAT ATTESTATION OF COPY MUST STATE
be disturbed Whenever a copy of a document or record is attested
-Consideration of inadequacy to enforce the judgment for the purpose of evidence,
HERE: Defendant in the Philippines. So for the court to assume jurisdiction over the person of the the attestation must state, in substance,
defendant, RP Court is the convenient forum. that the copy is a correct copy of the original,
-the present suit is a PERSONAL ACTION, the case may be commenced and tried where the or a specific part thereof, as the case may be.
defendant resides or may be found, or where the plaintiff resides, at the election of the plaintiff. The attestation must be
Summary: should consider both public and private interests under the official seal of the attesting officer, if there be any, or
Private interests: if he be the clerk of a court having a seal, under the seal of such court.
*relative ease of access to source of proof
*Availability of compulsory process for attendance of unwilling witnesses To prove unwritten foreign law Sec 46, Rule 130
*cost of obtaining and attendance off willing witnesses Section 46 - LEARNED TREATISES
*possibility of viewing the premises if appropriate A published treatise, periodical or pamphlet on a subject of history, law, science, or art is
*all other practical problems that make trial of a case easy, expeditious, and inexpensive admissible as tending to prove the truth of a matter stated therein if the court takes judicial
Public Interest notice, or a witness expert in the subject testifies, that the writer of the statement in the
*administrative difficulties encountered when courts are congested treatise, periodical or pamphlet is recognized in his profession or calling as expert in the
*jury duty: burden on community subject.
*appropriateness of having the trial in a court that is familiar with the applicable state law rather than
Requisites:
getting another forum enmeshed in a complicated conflict-of-laws problem
 1. The court takes judicial notice thereof HELD: Even if Nevada law not proved in this stage of the proceeding, it was taken judicial notice of
1. The same is testified to by a witness expert in the subject because Philippine Trust Co. already produced Section 9905 of the Compiled Nevada laws twice
CA took judicial notice of the Ballantyne Scale of Values [1] before the courts below. As Nevada law does not impose compulsory heirs, project partition valid
Legal treatises also included Discussion
FLEUMER V. HIX -Old Civil Law applicable: died 1944 while NCC applied 1945
FACTS: Old civil code provides that the ff would be governed by the national law of the person whose
-Fleumer, the special administrator of Hix, presented the latter's will for probate in the Philippines succession is in order:
-the will did not show the following: *order of succession
*acknowledgment by Hix in the presence of 2 competent witnesses *extent of successional rights
*W subscribed to will in presence of testator, and of each other *intrinsic validity of provisions of the will
-Fleumer wanted to present the said will, executed in West Virginia by Hix who was residing at the -Here, CO Bohanan was a NEVADAn citizen.
time there, in RP -Nevada laws allow a testator to dispose of all his properties by will.
(not sure): Fleumer alleges that under W. Virginia law, will is duly executed -to prove foreign law:
TO PROVE W. Virginia law: submitted a copy of Section 3868 of Act 1882 as found in West Section 41: an official record/entrymay be evidenced by
Virginia Code + Certified by the Director of our National Library *official publication
HELD: Should prove foreign law first before courts of RP take cognizance *copy attested by the officer having legal custody of the record, or by his deputy + (if not kept in RP)
-no judicial notice, foreign laws must be proved as facts certificate that such officer has custody
HERE: -HOW NEVADA LAW recognized
-no showing that the book from which an extract was taken was printed or published under the >During the October 1954 hearing of the Motion of Magdalena Bohanan for withdrawal of ther P20k
authority of the State of West Virginia share, Nevada Law was introduced as Exhibit 2
-No attestation by the certificate of the officer having charge of the original, under the seal of the >During the January 1950 hearing, law was presented as Exhibit B
State of West Virginia (Section 301, Code of Civil Procedure back then? Now R132.24-25) >Children and widow did not dispute the provisions of the laws of State of Nevada
-no evidence to show that the extract from the laws of West Virginia was in force at the time the >>>SO HERE, court decided to take judicial notice of the Nevada law, as presented in the earlier
alleged will was executed stages of the case
+ The case falls under any of the exceptions to the application of foreign law:
Due execution of the will was not established: only showed testimony of the petitioner ...when foreign law is
PHILIPPINE TRUST CO. V. BOHANAN (1) contrary to an important public policy of the forum
FACTS (2) penal in nature
-C.O. Bohanan, citizen of Nevada, died with a Will. (3) procedural in nature
-Philippine Trust Co. was named executer of the will (4) purely fiscal/administrative in nature
-Will gave to *a grandson: P90,819.67 of the P211,639 + 1/2 of all shares of stock of several mining (5) (will) work undeniable injustice to the citizens of the forum
companies (6) case involves real/personal property situated in theforum
*brother and sister: 1/2 of all shares of stock of several mining companies (7) application of foreign law might endanger vital interest of the state (forum)
*Only P6k was left to each of his children (8) contrary to good morals
-widow and 2 children of C.O. Bohanan questioned the validity of the will in the hearing for the
project of partition (will already admitted)