Two general classification of laws in a state:

1. Conflict of Laws / Private International Law

2. Purely Internal or Domestic

When is Conflict of Laws applied? Dispute with foreign element.

What are the basic or common CoL in the PH? Every state has their own internal/domestic and conflict
of laws

- Art 15 – Nationality Theory/Principle; Personal Law, Legal capacity, status, condition

- Art 16 – Deals with CoL in Wills and Succession + Property
- Art 17 – CoL rule which governs the extrinsic validity of contracts, wills and public instruments;
Lex Loci Celebracionis
- Art 26 - Validity of Marriage celebrated Abroad whether between Filipinos, Foreigners or mixed

These articles are applied in cases having a foreign element.

When is a dispute characterized by a foreign element? When it involves event, transactions, facts, or
circumstances occurring in two or more states. Resolution of dispute requires application of the
different laws of those different countries. Which one of the laws should be applied is the question in
Conflict of Laws.

*The setting is always Philippine Court. How are our courts supposed to deal with the problem?*

Process of dealing with CoL problems:

1. Determine Jurisdiction
a. Philippine Laws on jurisdiction; Lexi Fori or Law of the Forum
b. Jurisdiction on the Subject Matter + Person
i. Asiavest vs Herras – In an action in personam, as distinguished as from action in
rem, the only way to acquire jurisdiction of the defendant is personal service of
summons must be given within the territory where the court sits

Even if there is jurisdiction, is it the convenient forum???

Convenience of the Forum is relevant – Principle of Forum Non Conveniens
c. Facts, Events, Evidence, Witnesses, Circumstances are all abroad
d. Court cannot give an intelligent decision on the matter
e. Court cannot be effectively enforce the judgment

2. Choice of Law – which CoL should be applied? The foreign law or our internal/domestic law?
a. Hasegawa vs Kitamura
3. Implement/Enforce Judgment
Principle of Characterization – “characterize” every CoL problem has its two components: factual
problem and legal solution. Factual problem is the problem presented by the parties to be handle by the
corresponding legal solution / connecting factor.

- All CoL problems belong to their specific characterizations

- Characterization: in resolution of the issue, the forum will have to apply the correct legal
solution to the corresponding factual problem. So characterize the problem and then apply the
legal solution.
o Issues on status, family rights and duties, legal capacity, condition (Personal Law) –
Article 15; Nationality Theory;
o Wills, Succession and Property – Article 16 – national law of the decedent