UNIVERSITY

OF SAN CARLOS
School of Law and Governance
College of Law
P. Del Rosario Street, Cebu City



COURSE SYLLABUS

(2nd Semester, SY 2018-2019)



COURSE TITLE : CONFLICT OF LAWS
NUMBER OF UNITS : TWO (2) UNITS
FACULTY : ATTY. JOSEPH RANDI C. TORREGOSA



COURSE DESCRIPTION:

This course dwells into the study of Conflict of Laws, otherwise known as Private International Law, as
found in the Civil Code of the Philippines, Family Code of the Philippines, the Revised Penal Code, and the
Revised Rules of Court, including judicial decisions interpreting them.


LEARNING/ASSESSMENT STRATEGY:

Primarily based on the Socratic method of teaching, this syllabus is designed to prepare the students for
the Bar Examinations and the actual practice of law, and to lead a life of law anchored on the law of life.
Towards this end, classes will be conducted through rigid oral recitations based on the provisions of the
pertinent substantive laws, legal doctrines and principles, procedural rules, and the significant
jurisprudence interpreting them. This exercise will equip the students with the mental and psychological
preparedness required of legal advocates, inside or outside of the courtroom. Specifically, this
methodology will enable the students to grasp both the substantive and practical aspects of law, develop
and improve self-confidence, and hone their skills in critical analysis, argumentation, reasoning and the
ability to think-on-their-feet. Complementing the daily oral recitations are the two (2) major written
examinations, which will enable the students to develop and improve their skills both in legal writing and
argumentation as effective tools of legal advocacy.

1 Course Syllabus in Conflict of Laws (2nd Semester, SY 2018-2019)

Atty. J. Randi C. Torregosa
PROGRAM LEVEL LEARNING OUTCOMES (PLLO)1:

On completion of the law program, Carolinian law graduates will demonstrate the following:

PLLO 1: KNOWLEDGE AND UNDERSTANDING

(a) acquire marrow-deep knowledge of fundamental legal provisions and
principles on Conflict of Laws;
(b) determine and articulate the specific provisions and principles that dwell on
conflict of laws, and how they operate in actual case situations;
(c) know the related and pertinent jurisprudential rules dealing with Conflict of
Laws;
(d) understand the significance of an advocate’s familiarity, if not mastery, of the
provisions, principles and doctrines relative to Conflict of Laws in cases
involving foreign elements in the conduct of his profession as an effective
and competent legal practitioner.

PLLO 2: ETHICS, PROFESSIONAL RESPONSIBILITY, WITNESS TO THE WORD

PLLO 3: THINKING SKILLS

This includes the skills to identify and articulate legal issues; apply legal reasoning
and research to generate appropriate responses to legal issues; engage in critical
analysis and make a reasoned choice amongst alternatives; and think creatively in
approaching legal issues and generating appropriate responses.

PLLO 4: RESEARCH SKILLS

PLLO 5: COMMUNICATION AND COLLABORATION

PLLO 6: SELF-MANAGEMENT

At the end of the law program, the Carolinian law graduate is expected to be Witness to the Word
and to embody the following Graduate Attributes:

Scientia: A COMPETENT PROFESSIONAL
Critical thinker
Lifelong learner
Skilled researcher
Sound decision-maker
Innovative problem-solver
Effective and articulate communicator

Virtus: A VIRTUOUS EXEMPLAR
Incorruptible servant leader
Ethical and values-driven practitioner

Devotio: A DEDICATED ADVOCATE
Committed peacemaker
Culture-sensitive patriot
Socially-engaged citizen
Passionate worker for the management

1 Based on the course syllabus of Dean Joan S. Largo.

2 Course Syllabus in Conflict of Laws (2nd Semester, SY 2018-2019)
Atty. J. Randi C. Torregosa
COURSE LEVEL LEARNING OUTCOMES (CLLO)2:

On completion of this course, students will be able to:

CLLO 1: Articulate and apply the fundamental rules and principles of Conflict of Laws in
cases involving foreign element.

CLLO 2: Recognize and reflect upon the ethical issues that may arise involving the
application and interpretation of various Conflict of Laws rules in the pursuit and in
the defense of one’s cause; recognize and reflect upon the professional duties of
lawyers in promoting legal truth, justice, human rights, due process and fairness in
the community; use their knowledge in the course to be Witness to the Word.

CLLO 3: Examine the facts of a given case, find the relevant facts and the key issues, identify
and apply the legal rules and principles involved, and generate appropriate
responses.

CLLO 4: Communicate effectively and persuasively the basic provisions and principles
involving Conflict of Laws rules as distinguish from purely municipal or domestic
laws; demonstrate the ability to use appropriate means and form of communication
depending on the educational background and needs of legal or non-legal audiences;
render appropriate opinion after the use of active listening skills such as
questioning, summarizing and paraphrasing.

CLLO 5: Demonstrate ability to learn and work independently, as well as the ability to work
in groups or cooperatively with others

COURSE REQUIREMENTS AND GRADING CRITERIA:

Absences should not exceed the maximum limits prescribed by the school policy. There will be oral
recitations every session and two (2) written examinations, i.e. midterm and final examinations. The
passing grade for the course is 75%. The following components shall make up the final grade: (i)
recitation <30%>, (ii) midterm examination <35%>, and (iii) final examination <35%>.

COURSE MATERIALS:

Primary course materials are: (a) The Civil Code of the Philippines, particularly Articles 14, 15, 16, 17,
815, 816, 817, 819, 829, 1039 and 1319, (b) The Family Code of the Philippines, particularly Articles 21,
26, and 80; (c) The Revised Penal Code, particularly Article 2; and (d) The 1997 Rules of Civil Procedure,
particularly Rule 39, Section 48; (e) The Corporation Code of the Philippines; (f) cases assigned.

Secondary course materials are commentaries, articles, and insights obtained from practical field
experiences and interaction with lawyers engaged in trial practice.

PRESCRIBED TEXTBOOKS (ANY OF THE FOLLOWING):

1. Handbook on Conflict of Laws, (Latest Edition), by Alicia V. Sempio-Dy
2. Conflict of Laws (Private International Law), (Latest Edition), by Ruben E. Agpalo
3. Philippine Conflict of Laws, (Latest Edition), by Edgardo Paras

2 Based on the course syllabus of Dean Joan S. Largo.

3 Course Syllabus in Conflict of Laws (2nd Semester, SY 2018-2019)
Atty. J. Randi C. Torregosa
 Preliminary Matters/Introduction


A. Conflict of laws defined; its object, function and scope

B. Distinguish from Public International Law

C. Importance of Private International Law

D. Sources of Private International Law


Jurisdiction and Choice of Law


A. Judicial jurisdiction; types of judicial jurisdiction

B. Three (3) Ways/Methods of Disposing of Conflict of Law Cases

C. Analysis of the three (3) methods

(1) Dismissing the case; the principle of forum non conveniens

(2) Application of Internal and Domestic Law

i. Where application of internal law is decreed

ii. Where there is failure to plead and prove foreign law

iii. Where the case involves any of the exceptions to the application of foreign law

(3) Application of foreign law and the various Choice-of-Law Theories that justify the
application of foreign law

D. Proof and authentication of foreign laws and documents

E. The Problem of Characterization

F. The problem of The Renvoi

(1) Ways of Dealing with the problem

(2) Reasons for and against the renvoi

(3) Usefulness of renvoi


Conflicts Rules on Personal Law


A. Theories in Determining one’s Personal Law

B. Citizenship and Domicile

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C. Dual Citizenship

D. Statelessness

E. Personal Status and Capacity


Conflicts Rules on Contract


A. Extrinsic validity of contract

i. Philippine conflict rule on extrinsic validity

B. Capacity of parties

i. Philippine conflict rule on capacity to contract

C. Intrinsic validity of contract

i. Lex loci contractus

ii. Lex loci solutionis

iii. Lex loci intentionis

iv. Philippine conflict rule on intrinsic validity

D. Choice of law by the parties in a contract; exceptions


Conflicts Rules on Wills and Succession


A. Extrinsic validity of wills

B. Probate of wills

C. Intrinsic validity of wills

D. Revocation of wills

E. Administration of estates


Conflicts Rules on Property


A. The Philippine Civil Code and the lex situs rule

B. Exceptions to the lex situs rule


5 Course Syllabus in Conflict of Laws (2nd Semester, SY 2018-2019)
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 C. Conflict of laws in real property situated in another country

D. Extrinsic and intrinsic validity of conveyances

E. Capacity to transfer or acquire property

F. Situs of certain properties

i. situs of personal property for taxation purposes

ii. situs of money

iii. situs of corporate shares of stocks


Conflicts Rules on Marriage


A. Marriage as a contract

B. Marriage as a status

C. Extrinsic validity of marriage

i. Philippine law on formal validity

D. Intrinsic validity of marriage

i. Philippine law on intrinsic validity

E. Effects of marriage

i. Personal relations between spouses

ii. Property relations of spouses

F. Adoption


Conflicts Rules on Divorce, Legal Separation,
Annulment, and Nullity of Marriage


A. Divorce distinguish from legal separation, annulment of marriage, and declaration of nullity of
marriage

B. Divorce

i. The law governing divorce

ii. Divorce between Filipino Spouses

iii. Divorce obtained by foreign spouse

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Atty. J. Randi C. Torregosa
 iv. Divorce between foreign spouses

C. Legal separation

i. jurisdiction to declare legal separation

ii. the governing law on legal separation

iii. grounds for legal separation

D. Annulment of Marriage

i. Nature of, and jurisdiction over, annulment of marriage

ii. the governing law on annulment of marriage

iii. grounds for annulment of marriage

E. Declaration of Nullity of Marriage

i. Nature of, and jurisdiction over, declaration of nullity of marriage

ii. The governing law on declaration of nullity of marriage

iii. Grounds for declaration of nullity of marriage


Conflicts Rules on Torts and Crimes


A. Torts defined

B. Concept of tort in the Philippines

C. The laws governing torts

D. Lex loci delicti commissi

E. Three (3) theories in determining the locus delicti

F. Modern Theories and Rules on Tort Liability

G. Conflicts rules on maritime torts

H. Foreign tort claims; conditions for enforcement of tort claims

I. Philippine rule on foreign torts

J. Distinguish tort from crime

K. Lex loci delicti

L. Different theories that determine whether a state or a legal system has jurisdiction to take
cognizance of criminal cases
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M. Philippine conflict rule on crime


Conflicts Rules on Corporation and other Juridical Entities


A. Corporation

i. Personal law of corporation

ii. Domicile or residence of foreign corporation

iii. Jurisdiction over foreign corporation

iv. Philippine law on foreign corporation

v. Right of foreign corporation to bring suit

vi. Exceptions to the license requirement

vii. Definition and scope of “transacting business”

B. Partnership

i. personal or governing law of partnership

ii. domicile of partnership


Recognition and Enforcement of Foreign Judgment


A. Distinction between recognition and enforcement of foreign judgment

B. Bases of recognition and enforcement of foreign judgment

C. Philippine conflicts rule on recognition and enforcement of foreign judgment

D. Recognition and Enforcement: Requisites and Defenses

E. Value and Conclusiveness of Foreign Judgment

F. Procedure for Enforcement of Foreign Judgment

8 Course Syllabus in Conflict of Laws (2nd Semester, SY 2018-2019)

Atty. J. Randi C. Torregosa