C ON F L I C T OF L AW S ( 2019) C AS ES - B AT C H 1 AT T Y .

T ORREGOS A

CASES TOPIC KEY PRINCIPLE FACTS RULING

The Philippines is the situs of the tort 1. RTC has jurisdiction. A factual situation that cuts
complained of and the place "having the across territorial lines and is affected by the diverse
most interest in the problem", we find, by laws of two or more states is said to contain a "foreign
way of recapitulation, that the Philippine element". The presence of a foreign element is
law on tort liability should have inevitable since social and economic affairs of
paramount application to and control in individuals and associations are rarely confined to the
the resolution of the legal issues arising geographic limits of their birth or conception.

out of this case.

Morada (flight attendant of SaudiA) was almost raped by The foreign element consisted in the fact that private
Choice-of-law problems seek to answer 2 Saudi nationals while on a layover in Jakarta. 2 years respondent Morada is a resident Philippine national, and
two important questions:
later, she was forced to drop the charges against them. that petitioner SAUDIA is a resident foreign corporation.
She was then deceived that SaudiA was helping her case Also, by virtue of the employment of Morada with the
(1) What legal system should control a when the court found her guilty for (1) adultery; (2) going petitioner Saudia as a flight stewardess, events did
given situation where some of the to a disco, dancing and listening to the music in violation transpire during her many occasions of travel across
SAUDI ARABIAN significant facts occurred in two or of Islamic laws; and (3) socializing with the male crew, in national borders, particularly from Manila, Philippines to
AIRLINES VS. CA, Flight attendant; more states; and
contravention of Islamic tradition. She was sentenced to Jeddah, Saudi Arabia, and vice versa, that caused a
1
GR NO. 122191, OCTOBER 8, almost raped (2) to what extent should the chosen 5 months imprisonment and 286 lashes.
"conflicts" situation to arise.

1998 legal system regulate the situation.

She asked assistance from the PH embassy in Jeddah. 2. Philippine law governs. Considering that the
Before a choice can be made, it is Because she was wrongfully convicted, the Prince of complaint in the court a quo is one involving torts, the
necessary for us to determine under Makkah dismissed the case against her and allowed her "connecting factor" or "point of contact" could be the
what category a certain set of facts or to leave Saudi Arabia. She was then terminated from place or places where the tortious conduct or lex loci
rules fall. This process is known as service without her being informed of the cause. She actus occurred. And applying the torts principle in a
"characterization", or the "doctrine of then filed for damages against SaudiA. conflicts case, the Philippines could be said as a situs
qualification." It is the process of of the tort (the places where the alleged tortious
deciding whether or not the facts relate conduct took place).

to the kind of question specified in a What is important here is the place where the over-all
conflicts rule.
harm or the totality of the alleged injury to the person,
The purpose of "characterization" is to reputation, social standing and human rights of
enable the forum to select the proper complainant, had lodged. There is basis for the claim that
law. over-all injury occurred and lodged in the Philippines.
There are two laws in the California that Christensen was born in NY but migrated to Cali where Philippine law shall apply. The conflict of law rule in
matter — Kaufman Case, which is its he resided for 9 years. He moved to PH until his death. California, Article 946, Civil Code, refers back the case,
internal law, and Article 946 of the Civil He always considered himself a US citizen.
when a decedent is not domiciled in California, to the law
Code of California, which is its conflict of In his will, he instituted Maria Christensen (L) as only heir of his domicile, the Philippines in the case at bar. The
IN THE MATTER OF THE American laws rule.
but left a legacy of sum of money in favor of Helen court of domicile cannot and should refer the case back
ESTATE OF EDWARD E. citizen; Garcia (IL).
to California, as such action would leave the issue
CHRISTENSEN VS. The internal law should apply to
Will of legitimate Californians domiciled in California; and Garcia claims that California law should apply where the incapable of determination, because the case will then be
2 ADOLFO C. AZNAR, and illegitimate the conflict of laws rule which should tossed back and forth between the two states.

GR NO.L-16749 matter is referred back to the law of the domicile

child; apply to Californians domiciled outside of ultimately making PH law applicable.
The recognition of the renvoi theory implies that the rules
* C AL L E D* Renvoi doctrine California.
Christensen contends that the national law of the of the conflict of laws are to be understood as
The applicable law in this case is the deceased must apply and that must apply internal law of incorporating not only the ordinary or internal law of the
conflict of laws rule since the decedent California where there are no compulsory heirs and foreign state or country, but its rules of the conflict of
is domiciled in the Philippines, hence, consequently a testator could dispose of any property laws as well. According to this theory 'the law of a
Philippine Law will apply. possessed by him and ILC not entitled to anything. country' means the whole of its law.

(sandeesuan)
EH 5 01 PAGE 1 OF 13
C ON F L I C T OF L AW S ( 2019) C AS ES - B AT C H 1 AT T Y . T ORREGOS A

CASES TOPIC KEY PRINCIPLE FACTS RULING

Mr. Gibbs is not exempted from inheritance tax.

The nature and extent of the title which vested in Mrs.

Gibbs at the time of the acquisition of the community
Article 10 (1): Lex Rei Sitae - real The spouses acquired land in the PH as conjugal lands here in question must be determined in accordance
property is subject to laws of country property. Eva Gibbs died intestate in Cali. Allison Gibbs with the lex rei sitae.

where it is situated, regardless of (husband) was appointed administrator.

In accord with the rule that real property is subject to the
domicile of parties nor place were lex rei sitae, the respective rights of husband and wife in
marriage was celebrated;
Mr. Gibbs filed an ex parte petition that the lands belong such property, in the absence of an antenuptial contract,
to conjugal partnership and according to law of Cali, are determined by the law of the place where the
The second paragraph of article 10, Civil community property belongs to the surviving spouse
American Code, applies only when a legal or property is situated, irrespective of the domicile of the
ALLISON G. GIBBS VS. without administration.

parties or of the place where the marriage was

spouses; testamentary succession has taken place
GOVERNMENT OF THE in the Philippine in accordance with the Court granted Mr. Gibbs as sole and absolute owner of celebrated.

3 PHILIPPINE ISLANDS, conjugal lands and presented the decree to issue him TCT.

GR NO.L-35694, DECEMBER property in the law of the Philippine Islands; and the Under the provisions of the Civil Code and the
23, 1933 PH foreign law is consulted only in regard to The registry of deeds declined to accept on the ground jurisprudence prevailing here, the wife, upon the
the order of succession or the extent of that inheritance tax has not been paid.
acquisition of any conjugal property, becomes
the successional rights; in other words, immediately vested with an interest and title equal to that
the second paragraph of article 10 can Mr. Gibbs refused contended that the transfer of TCT was
of her husband, subject to the power of management and
be invoked only when the deceased was not succession but based on the laws in the California disposition which the law vests in the husband.

vested with a descendible interest in
property within the jurisdiction of the
Philippine Islands.
Petitioners were recruited by AIBC & BRII and deployed
law governing accretion and no basis to claim for
payment of estate tax because there was no
transmission of rights.
at various projects in Middle East and Southeast Asia.
Thus, the descendible interest of Eva in the lands was
transmitted to her heirs by virtue of inheritance and this
transmission plainly falls within the inheritance and this
transmission plainly falls within the language of section
1536 of Article XI of Chapter 40 of the Administrative
Code which levies a tax on inheritances.
The Philippine law shall apply. As a general rule, a
foreign procedural law will not be applied in the forum.
Procedural matters, such as service of process, joinder of
actions, period and requisites for appeal, and so forth,
are governed by the laws of the forum. This is true even if
the action is based upon a foreign substantive law

However, their employment contract was terminated

prematurely.
A law on prescription of actions is sui generis in Conflict
of Laws in the sense that it may be viewed either as
CADALIN VS. POEA, Petitioners sought payment for unexpired portion and procedural or substantive, depending on the
Oversees The courts of the forum will not enforce payment of interest of earnings on all unpaid benefits
ASIA INTERNATIONAL employment characterization given such a law.

any foreign claim obnoxious to the and invoked Art. 1144.

BUILDERS pre-terminated; forum's public policy. To enforce the one- The characterization of a statute into a procedural or
CORP(AIBC), BROWN prescriptive AIBC & BRII insisted that claims have prescribed (1 year) substantive law becomes irrelevant when the country of
4 period of filing year prescriptive period of the Amiri under Amiri Decree No. 23 of 1976 and that there is in
& ROOT INT’L, INC Decree No. 23 of 1976 as regards the the forum has a "borrowing statute." Said statute has the
(BRII) payment of claims in question would contravene the force a “borrowing law” in Section 48 of CivPro where if practical effect of treating the foreign statute of limitation
GR NO.L-104776, 5 unexpired public policy on the protection to labor. such kind of law exists, it takes precedence over the law as one of substance.

DECEMBER 1994 portion on conflicts rule.

A "borrowing statute" directs the state of the forum to

POEA Administrator said that respondents did not violate apply the foreign statute of limitations to the pending
the labor code but the Amiri Decree no. 23 in Bahrain.
claims based on a foreign law.

NLRC believed that Labor Code applies where there is a However, the courts of the forum will not enforce any
3 year prescriptive period. foreign claim obnoxious to the forum's public policy.

Therefore, the applicable law on prescription is the Labor

Code of the Philippines which provides for the three-
year prescriptive period for filing of claims.

(sandeesuan)
EH 5 01 PAGE 2 OF 13
C ON F L I C T OF L AW S ( 2019) C AS ES - B AT C H 1 AT T Y . T ORREGOS A

CASES TOPIC KEY PRINCIPLE FACTS RULING

Alice Van Dorn (Filipino) and Romillo (US) married in Hong The divorce is recognized under the Philippine law.

While a divorce decree is not recognized Kong and established residence in the PH. They had two
in the Philippines as a matter of public children. They divorced in Nevada. Van Dorn then Pursuant to the nationality principle under Article 15, only
policy, such policy covers only Filipino remarried Theodore Van Dorn.
Philippine nationals are covered by the policy against
citizens.
absolute divorces the same being considered contrary to
She returned to the PH to start business. Romillo filed a our concept of public policy and morality. However,
VAN DORN VS. Divorce; ex- Insofar as the alien husband is case against petitioner stating that her business is their aliens may obtain divorces abroad, which may be
5 ROMILLO, Divorce wife’s business concerned, he is governed by his
national law.

conjugal property and asked for the accounting of recognized in the Philippines, provided they are valid
GR NO.68470, 8 OCTOBER was growing business.
according to their national law.

1985, 139 SCRA 140 Being an American citizen, he is governed
by the laws in the US which recognize
divorce. Since his national law
against divorce does not extend to the alien spouse. The
recognizes divorce, the divorce decree
is binding upon him.
Petitioner filed a motion to dismiss that divorce
proceedings are acknowledged and they had no
community property.
RTC denied the motion to dismiss stating that the divorce
decree has no bearing.
Applying nationality theory, the divorce decree is
binding upon the alien spouse. Our public policy
husband is American so his status must be governed by
American law.
The adultery will not pursue.

American jurisprudence on laws in pari In cases of such nature, the status of the complainant vis-
materia provides that after a divorce has
been decreed, the innocent spouse no a-vis the accused must be determined as of the time the
Pilapil (Filipino) married Erich Geiling (German) in complaint was filed. Thus, the person who initiates the
longer has the right to institute Germany. 3 years later (1983), Geiling initiated a divorce adultery case must be an offended spouse, and by this
PILAPIL VS. IBAY- Divorced and
proceedings against the offenders where decree and that they have been living apart since 1982.

is meant that he is still married to the accused spouse,

SOMERA, then filed for the statute provides that the innocent
6 Divorce
spouse shall have the exclusive right to Five months after the divorce, respondent filed two at the time of the filing of the complaint.

GR NO.80116, 30 JUNE adultery
1989, 174 SCRA 663 institute a prosecution for adultery. The
RPC provides that in prosecutions for
adultery and concubinage the person
who can legally file the complaint should
be the offended spouse.
Lorenzo and Paula Llorente were married in 1937.
Foreign laws do not prove themselves in
our jurisdiction and our courts are not
doctrine.
complaints for adultery and stated that they were still
married and that the petitioner had an affair with William
Chia (1982) and Jesus Chua (1983).
1. The Applicable Law is ??????. Foreign laws do not
Lorenzo departed for US as serviceman of the US Navy
(1927-1957) and was naturalized.
The fact that private respondent obtained a valid divorce
in his country, is admitted. Said divorce and its legal
effects may be recognized in the Philippines insofar as
private respondent is concerned in view of the nationality
principle in our civil law on the matter of status of
persons.
prove themselves in our jurisdiction and our courts are
not authorized to take judicial notice of them. Like any
other fact, they must be alleged and proved. CA &
TC called the renvoi doctrine. (1) Cannot apply general
American law. (2) No showing of application of renvoi

Wife having authorized to take judicial notice of them. When he returned in 1945, his wife was pregnant and was 2. Validity of the Foreign Divorce. We hold that the
LLORENTE VS. CA, Like any other fact, they must be alleged living in with his brother. Lorenzo returned to the US and
7 GR NO.124371, 23 Divorce relationship and proved; Divorce and its legal effects secured a divorce in Calu and married Alicia in Manila.
divorce obtained by Lorenzo H. Llorente from his first
NOVEMBER 2000, 345 SCRA with husband's may be recognized in the Philippines wife Paula was valid and recognized in this
592 brother insofar as respondent is concerned in Alicia had no knowledge of the first marriage. He jurisdiction as a matter of comity. Now, the effects of
executed a will in favor of Alicia and their 3 children.
this divorce (as to the succession to the estate of the
view of the nationality principle in our decedent) are matters best left to the determination of
civil law on the status of persons. When he died, Paula filed letters of administration which the trial court.

was opposed by Alicia.

3. Validity of the will. The case was remanded to the
court of origin for determination of the intrinsic validity
of Lorenzo’s will and determination of the parties’
successional rights allowing proof of foreign law.

(sandeesuan)
EH 5 01 PAGE 3 OF 13
C ON F L I C T OF L AW S ( 2019) C AS ES - B AT C H 1 AT T Y . T ORREGOS A

CASES TOPIC KEY PRINCIPLE FACTS RULING

1. Filipino spouse can remarry. 2nd par. of Art. 26.

2. The petition for authority to remarry will NOT

A Filipino divorced by his naturalized
foreign spouse is no longer married
under Philippine law and can thus
Wife divorced remarry; but before a foreign divorce
respondent’s wife. It is settled rule that one who
husband decree can be recognized by our own
REPUBLIC VS. courts, the party pleading it must allege
Cipriano Obrecido married Lady Villanueva and bore son
and daughter. Copriano’s wife left for US bringing her
son. They got naturalized.
In 2000, Cipriano discovered that his wife obtained a
prosper. The records are bereft of competent
evidence duly submitted by respondent concerning
the divorce decree and the naturalization of
alleges a fact has the burden of proving it and mere
allegation is not evidence.

OBRECIDO, unknown to divorce and married Innocent Stanley. Cipriano filed a

8 Divorce
him; sought and prove the divorce as a fact and A Filipino divorced by his naturalized foreign spouse is no
GR NO.154380, 5 OCTOBER
petition to demonstrate its conformity to the foreign petition for authority to remarry. No opposition was filed
and such was granted.
longer married under Philippine law and can thus
2005
remarry law allowing it. Our courts cannot take remarry; but before a foreign divorce decree can be
judicial notice of foreign laws. It must Republic (OSG) sought reconsideration but was denied.
OSG contends family code is not applicable because it recognized by our own courts, the party pleading it must
also be shown that the divorce decree allege and prove the divorce as a fact and demonstrate
allows his former wife to remarry as only applies to valid mixed marriages.
its conformity to the foreign law allowing it. Our courts
specifically required in Article 26. cannot take judicial notice of foreign laws. It must also be
shown that the divorce decree allows his former wife to
remarry as specifically required in Article 26.
Ducat → Ayala & Philsec - loan of $2.5M

Ducat’s obligation → 1488, Inc sold to → Athona - $2.8M

1. Litis pendentia cannot be applied. Foreign judgment
Athona → Philsec & Ayala - loan of $2.5M
cannot be given the effect of res judicata without
giving them an opportunity to impeach it. The
proceedings in the trial court were summary.

A party invoking forum non conveniens Respondent Ducat obtained separate loans from Ayala 2. Forum non conveniens cannot be a ground to get a
cannot get a dismissal of the case by and Philsec in the sum of US$2.5M secured by shares of dismissal of the case by filing a motion to dismiss.

filing a motion to dismiss:

stock owned by Ducat with market value of P14M.

a. It is not a ground under Rule 16. The propriety of

PHILSEC INVESTMENT (1) It is not one of the grounds under Rule 1488, Inc assumed Ducat's obligation and executed a dismissing a case based on this principle requires
CORPORATION, AYALA 16
warranty deed with vendor's lien and sold it to Athona a factual determination, hence, it is more properly
I NT’L FINANCE LIMITED Forum non Loans; failed to (2) The dismissal of the dispute involving Holdings in Texas for $2.8M, while Philsec and Ayala
9 extended loan to Athona for $2.5M. The balance of considered a matter of defense.

VS. CA & VENTURE conveniens pay balance a foreign element requires factual
DUCAT, 1488 INC, determination of the grounds relied $307k was to be paid by a promissory note executed by b. The dismissal of the dispute involving a foreign
274 SCRA 102 upon.
Athona in favor of 1488, Inc.
element requires factual determination of the
grounds relied upon. The circumstances that would
The circumstances that would show that Athona failed to pay the interest on the balance and such show that the Philippine court is an inconvenient
the Philippine court is an inconvenient became due and demandable.
forum should be established as a fact. It failed to
forum should be established as a fact. Respondent 1488, Inc sued Philsec, Ayala and Athona in considered that one of the plaintiffs (Philsec) is a
the US. (1st case)
domestic corporation and one of the defendants
Petitioners filed sum of money with damages against (Ducat) is a filipino, and that it was the
respondents in RTC. (2nd case)
extinguishment of Ducat's debt which was the
object of the transaction under litigation.
Ducat moved to dismiss grounds 1) litis pendent, 2) forum
non conveniens and 3) failed to state cause of action

(sandeesuan)
EH 5 01 PAGE 4 OF 13
C ON F L I C T OF L AW S ( 2019) C AS ES - B AT C H 1 AT T Y . T ORREGOS A

CASES TOPIC KEY PRINCIPLE FACTS RULING

Doctrine of forum non conveniens - a Forum non convenience cannot be applied. Petitioner's
court, in Conflict of Law cases, may averments of the foreign elements in the instant case are
refuse impositions on its jurisdiction Brand Marine Services, Inc. (BMSI), and respondent not sufficient to oust the trial court of its jurisdiction
where it is not the most "convenient" or Stockton Rouzie entered into a contract where BMSI over the case and the parties involved.

available forum and the parties are not hired him to negotiate a sale of service in the PH for 10%
of the gross receipts.
Jurisdiction and choice of law are two distinct concepts:

precluded from seeking remedies

elsewhere;
Respondent secured a service contract with PH on behalf 1) Jurisdiction considers whether it is fair to cause a
But Forum non conveniens cannot be a of BMSI for the rivers affected by Mt. Pinatubo.
defendant to travel to this State, and Choice of law
asks the further question whether the application of a
ground for a motion to dismiss unless Respondent filed before NLRC against BMSI and Rust for substantive law which will determine the merits of the
the circumstances that would show that nonpayment of commissions, illegal termination and case is fair to both parties.

RAYTHEON the Philippine court is an inconvenient breach of contract.

INTERNATIONAL VS. Forum non Service for Mt. forum is established as a fact.;
2) The choice of law stipulation will become relevant only
10 STOCKTON ROUZIE, conveniens Pinatubo LA orders BMSI and Rust to pay. NLRC reversed for lack when the substantive issues of the instant case
Phases in deciding COL cases: of jurisdiction. SC dismissed.
develop, that is, after hearing on the merits proceeds
GR. NO. 162894, 26
FEBRUARY 2008 1) jurisdiction
before the trial court.

2) choice of law
Respondent, a resident of La Union, filed damages before
3) recognition and enforcement of RTC against Raytheon, BSMI and Rust.
Tthe propriety of dismissing a case based on the
judgments.
Petitioner referred to the NLRC and the "Special Sales principle of forum non conveniens requires a factual
Representative Agreement” includes a valid choice of determination; hence, it is more properly considered as a
The court can decide if: matter of defense.

1) it is one to which the parties may law clause, where the contract shall be governed by the
conveniently resort;
laws of Connecticut and that parties are American While it is within the discretion of the trial court to abstain
2) it is in a position to make an intelligent corporations and invoked forum non convenient.
from assuming jurisdiction on this ground, it should do so
decision as to law and facts;
RTC denied. CA denied. only after vital facts are established, to determine
3) it has or is likely to have the power to whether special circumstances require the court's
enforce its decision. desistance.
The NLRC do not have jurisdiction over the case under
the rule of forum non conveniens.

The main aspects of the case transpired in two foreign

jurisdictions, and the case involves purely foreign
elements. The only link that the Philippines has with the
case is that respondent Santos is a Filipino citizen. The
Palace Hotel and MHICL are foreign corporations. Not all
cases involving Filipino citizens can be tried here.

Under the rule of forum non conveniens, a

Philippine court or agency may assume If Santos were an "overseas contract worker," a Philippine
jurisdiction over the case if it chooses to Marcelo Santos was an overseas worker employed as a forum, specifically the POEA, not the NLRC, would
do so provided:
printer at Oman. He received a letter from the manager of protect him. However, he is not an "overseas contract
Palace Hotel, Beijing, China, who offered him the same worker," a fact which he admits with conviction. He was
THE MANILA HOTEL (1) that the Philippine court is one to hired directly by the Palace Hotel, a foreign employer,
which the parties may conveniently position but with a higher salary and increased benefits
CORPORATION VS. Forum non Printer from as he was recommended by a friend.
through correspondence sent to the Sultanate of Oman
11 NLRC, resort to;
where he was then employed.

conveniens Oman to Beijing In 1989, the Palace Hotel print shop will be terminated
G.R. NO.120077, 13 (2) that the Philippine court is in a 1. The NLRC is not a convenient forum given that all the
OCTOBER 2000 position to make an intelligent due to business reverses caused by political upheaval in
China, and paid all benefits due to him.
incidents of the case.

decision as to the law and the facts;

and
Santos filed a complaint for illegal dismissal with NLRC. 2. No power to determine applicable law. This calls to
fore the application of the principle of lex loci
(3) that the Philippine court has or is likely contractus (the law of the place where the contract
to have power to enforce its decision. was made).

3. No power to determine the facts. All acts complained

of took place in Beijing, People's Republic of China.

4. Principle of effectiveness, no power to execute

decision. The Palace Hotel is a corporation
incorporated under the laws of China and was not
even served with summons. Jurisdiction over its
person was not acquired.

(sandeesuan)
EH 5 01 PAGE 5 OF 13
C ON F L I C T OF L AW S ( 2019) C AS ES - B AT C H 1 AT T Y . T ORREGOS A

CASES TOPIC KEY PRINCIPLE FACTS RULING

BANK OF AMERICA VS. When the foreign law, judgment or
AMERICAN REALTY contract is contrary to a sound and
12 CORP., established public policy of the forum,
GR NO. 133876, 29 the said foreign law, judgment or order
DECEMBER 1999 shall not be applied.
The Philippine law shall apply. The evidence presented
Sy Kiat, a Chinese national, died in Caloocan, leaving may very well prove the fact of marriage between Yao
P300k worth of properties. Respondents Aida Sy- Kee and Sy Kiat. However, the same do not suffice to
When the proper foreign law has not been Gonzales and 2 children was his common law wife and establish the validity of said marriage in accordance with
properly proved, the court of the forum children. They filed a petition for the grant of letters of Chinese law or custom.

may presume that said foreign law is the administration. They filed a claim that they are the In the case at bar, petitioners did not present any
same as its local or domestic law, which children of the deceased and do not recognize marriage competent evidence relative to the law and custom of
it can now apply.
to Petitioner Yao Kee.
China on marriage. The testimonies of Yao and Gan
YAO KEE, ET AL. VS. Article 12 of the Civil Code requires that Yao Kee opposed stating she is the lawful wife who was Ching cannot be considered as proof of China's law or
13 AIDA SY-GONZALES, Marriage China marriage "a custom must be proved as a fact, married in 1931.
custom on marriage not only because they are self-
GR NO.55960, 24 NOVEMBER according to the rules of evidence”.
Probate court favored Yao Kee and acknowledged serving evidence, but more importantly, there is no
1988
illegitimate children.
showing that they are competent to testify on the subject
To establish a valid foreign marriage, matter. For failure to prove the foreign law or custom, and
two things must be proven, namely:
CA said petitioners were only acknowledge natural consequently, the validity of the marriage in accordance
(1) the existence of the foreign law as a children as marriage could not be proved to be valid to
question of fact; and
with said law or custom, the marriage between Yao Kee
the laws of China.
and Sy Kiat cannot be recognized in this jurisdiction.

(2) the alleged foreign marriage by

convincing evidence.
The service contract is valid. Its purpose was not to
Validity of contract of services for the
purpose of securing an increase in the
amount of support received from
Yao Kee testified that there was no marriage certificate
and only a written document is exchanged between the
parents and it was the custom.
Harden, an American citizen, engaged the services of
Atty. Recto to appear and act as her counsel for
increasing the amount of support she was receiving
and for preserving her rights in the conjugal partnership.
She was planning to file a divorce in Cali. Mrs. Harden
agreed to pay Recto monthly during the pendency of
litigation until termination, 25% of the total increase in
allowance. She also agreed to pay 20% of the value of
As petitioners failed to establish the marriage of Yao Kee
with Sy Kiat according to the laws of China, they cannot
be accorded the status of legitimate children but only that
of acknowledged natural children.
secure a divorce, or to facilitate or promote the
procurement of a divorce. It merely sought to protect
the interest of Mrs. Harden in the conjugal
partnership, during the pendency of a divorce suit she
intended to file in the United States.

husband to effect a claim of attorney’s the share and participation which she may receive in the
fees.
funds and properties of said conjugal partnership.
What is more, inasmuch as Mr. and Mrs. Harden are
RECTO VS. HARDEN, Its purpose was not to secure a divorce, PH was invaded by Japanese and placed under military admittedly citizens of the United States, their status and
14 GR NO. L-6897, 29 Divorce Wife or to facilitate or promote the the dissolution thereof are governed pursuant to Article 9
NOVEMBER 1956 occupation records were destroyed.
of the Civil Code of Spain (which was in force in the
procurement of a divorce.

During the pendency, Mrs. Harden and husband agreed Philippines at the time of the execution of the contract in
It merely sought to protect the interest of to settle and vacate all orders and abandon and nullify all question) and Article 15 of the Civil Code of the
Mrs. Harden in the conjugal partnership, her claims.
Philippines by the laws of the United States, which
during the pendency of a divorce suit she sanction divorce.

intended to file in the United States.
appellee, is not contrary to law, morals, good customs,
Recto now demands for the amounts. He is claiming from
the property under receivership that it belongs to Mrs. The contract of services, between Mrs. Harden and herein
Harden’s husband, Fred.
public order or public policy.
As defense, Harden spouses argues that Atty. Recto the
contract of services is void its object was unlawful noting
divorce is not allowed in the Philippines.

(sandeesuan)
EH 5 01 PAGE 6 OF 13
C ON F L I C T OF L AW S ( 2019) C AS ES - B AT C H 1 AT T Y . T ORREGOS A

CASES TOPIC KEY PRINCIPLE FACTS RULING

The doctrine of forum non conveniens,
literally meaning 'the forum is
The doctrine of forum non conveniens should not be
inconvenient', emerged in private
international law to deter the practice of
global forum shopping, that is to
Todaro filed a complaint for sum of money against 5
petitioners Pioneer International Limited (PIL) PP.
Holdings, (PPHI), P. Concrete (PCPI), Mcdo and Klepzig.
used as a ground for a motion to dismiss because
Todaro has been a managing director of Bentonval Sec. 1, Rule 16 of the Rules of Court does not include
engaged in pre-mixed concrete and concrete aggregate said doctrine as a ground.

prevent non-resident litigants from
choosing the forum or place wherein to
bring their suit for malicious reasons,
PIONEER CONCRETE VS such as to secure procedural
production. He resigned. 2 months later, PIL contacted
him if he was available to establish plant operations in
the country which he agreed. He would be the consultant
for 2-3 and be employed as manager.
While it is within 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

manager of whether special circumstances require the court's

15 TODARO, Forum non
concrete; advantages, to annoy and harass the PIL started its operations but refused to comply with its desistance; and that the propriety of dismissing a case
conveniens
GR NO. 154830, 08 JUNE damages defendant, to avoid overcrowded undertaking to employ Todaro on permanent basis.
based on this principle of forum non conveniens requires
2007 dockets, or to select a more friendly PPHI, PCPI and Klepzig separately moved to dismiss the a factual determination, hence it is more properly
venue.
complaint on the basis, among others, of the doctrine of considered a matter of defense.

Under this doctrine, a court, in conflicts of forum non conveniens. They contend that since the In the present case, the factual circumstances cited by
law cases, may refuse impositions on its majority of the defendants are not residents of the petitioners which would allegedly justify the application of
jurisdiction where it is not the most Philippines, they are not subject to compulsory the doctrine of forum non conveniens are matters of
"convenient" or available forum and the processes of the Philippine court handling the case for defense, the merits of which should properly be threshed
parties are not precluded from seeking purposes of requiring their attendance during trial. Even out during trial.
remedies elsewhere. assuming that they can be summoned, their appearance
would entail excessive costs.
Philippines is the convenient forum to decide. The
allegations in the complaints constitute the cause of
action of plaintiff claimants — a quasi-delict, which under
A number of personal injury suits were filed in different the Civil Code is defined as an act, or omission which
Texas state courts by citizens of twelve foreign countries, causes damage to another, there being fault or
including the Philippines. They allegedly sustained from negligence.

their exposure to dibromochloropropane (DBCP), a

chemical used to kill worms, while working on farms in In this case, the injuries and illnesses they allegedly
23 foreign countries.
suffered resulted from their exposure to DBCP while they
were employed in the banana plantations located in the
The defendants in the consolidated cases prayed for the Philippines or while they were residing within the
dismissal of all the actions under the doctrine of forum agricultural areas also located in the Philippines.

non conveniens.

Certainly, the cases are not criminal cases where

Federal Court granted defendants' motion to dismiss. In territoriality, or the situs of the act complained of, would
NAVIDA ET AL VS DIZON The plaintiffs, material witness and the event that the highest court of any foreign country be determinative of jurisdiction and venue for trial of
ET AL, Forum non alleged cause of action also took place in finally affirms the dismissal for lack of jurisdiction of an cases. In personal civil actions, such as claims for
16 conveniens the Philippines. The Philippine court was action commenced by a plaintiff in these actions in his
GR NO. 125078, 30 MAY payment of damages, the Rules of Court allow the action
2011 the convenient forum. home country or the country in which he was injured, to be commenced and tried in the appropriate court,
that plaintiff may return to this court and, upon proper where any of the plaintiffs or defendants resides, or in the
motion, the court will resume jurisdiction over the action case of a non-resident defendant, where he may be
as if the case had never been dismissed for forum non found, at the election of the plaintiff.

conveniens.

The fact that the plaintiffs were all Filipinos. The workers,
A total of 336 plaintiffs from GenSan filed a joint
complaint and alleged that due to the exposure to the
pesticide manufactured by the defendants, they were
inflicted with diseases. The workers accused the
defendants for negligence for exposing them to risk.
Philippines. The Philippine court was the convenient
RTC dismissed the complaint.
material witness, and the doctors were all based in the
Philippines. The place where they claimed to have been
exposed to the pesticide were located in the Philippines.
The alleged cause of action also took place in the
forum. This is in consonance with the lex loci delicti
commisi theory in determining the situs of a tort, which
states that the law of the place where the alleged wrong
was committed will govern the action.

(sandeesuan)
EH 5 01 PAGE 7 OF 13
C ON F L I C T OF L AW S ( 2019)
CASES TOPIC KEY PRINCIPLE
Where the only issue in the case is that of
jurisdiction, choice-of-law rules are not
only inapplicable but also not yet called
for; Before determining which law should
apply, first there should exist a conflict of
laws situation requiring the application of
the conflict of laws rules.
Government.
Also, when the law of a foreign country is
invoked to provide the proper rules for
the solution of a case, the existence of
KAZUHIRO HAZEGAWA such law must be pleaded and proved.
of the Bongabon-Baler Road Improvement (BBRI) jurisdiction and the choice of the lex fori will often
& NIPPON VS
17 KITAMURA, It should be noted that when a conflicts
case, one involving a foreign element, is
GR NO. 149177, 23
NOVEMBER 2007 brought before a court or administrative
agency, there are three alternatives open
to the latter in disposing of it:
company had no more intention of automatically the courts of that state have jurisdiction to enter a
(1) dismiss the case, either because of
lack of jurisdiction or refusal to
assume jurisdiction over the case;
STAR Project on March 31, 2000, just in time for the
(2) assume jurisdiction over the case and
apply the internal law of the forum; or
Respondent requested a negotiation conference and
(3) assume jurisdiction over the case and
take into account or apply the law of
some other State or States.
(sandeesuan)
EH 5 01
C AS ES - B AT C H 1 AT T Y . T ORREGOS A
FACTS RULING
Nippon Engineering Consultants, a Japanese consultancy
firm providing technical and management support in the
infrastructure projects of foreign governments, entered
into an Independent Contractor Agreement (ICA) with
respondent Minoru Kitamura, a Japanese national
permanently residing in the Philippines.
The agreement provides that respondent was to extend
professional services to Nippon for a year starting April
1, 1999. Nippon then assigned respondent to work as
the project manager of the Southern Tagalog Access
Road (STAR) Project in the Philippines, following the
company's consultancy contract with the Philippine
When the STAR Project was near completion, the DPWH Philippines has jurisdiction. TThe power to exercise
engaged the consultancy services of Nippon, this time jurisdiction does not automatically give a state
for the detailed engineering and construction supervision constitutional authority to apply forum law. While
Project. MINORU KITAMURA was named as the project coincide, the "minimum contacts" for one do not always
manager in the contract’s appendix.
provide the necessary "significant contacts" for the other.
The question of whether the law of a state can be applied
Kazuhiro Hasegawa, Nippon's general manager for its
International Division, informed respondent that the to a transaction is different from the question of whether
renewing his ICA. His services would be engaged by judgment.
the company only up to the substantial completion of the
ICA's expiry.
demanded that he be assigned to the BBRI project and
filed for specific performance and damages.
Nippon moved to dismiss and asserted that ICA could
only be heard and ventilated in the proper courts of
Japan following the principles of lex loci celebrationis
and lex contractus.
RTC denied - place of performance
CA - lex loci solutions
PAGE 8 OF 13
C ON F L I C T OF L AW S ( 2019) C AS ES - B AT C H 1 AT T Y . T ORREGOS A

CASES TOPIC KEY PRINCIPLE FACTS RULING

Foreign laws are not a matter of
judicial notice. Like any other fact, they
must be alleged and proven. Certainly,
the conflicting allegations as to whether
New York law or Philippine law applies to
particular foreign laws sought to be established. On the
Guerrero's claims present a clear dispute
on material allegations which can be
resolved only by a trial on the merits.
New York law and such law does not permit any of Walden affidavit cannot be considered as proof of New
MANUFACTURERS
York law on damages not only because it is self-serving
HANOVER TRUST CO Under Section 24 of Rule 132, the record
18 Walden Affidavit/ of public documents of a sovereign
VS GUERRERO, New York Law authority or tribunal may be proved by
seeking the dismissal of Guerrero’s claims. The Bank law on damages.
Respondent Guerrero filed a complaint for damages
against petitioner Manufacturers with the RTC of Manila
for illegally withholding taxes charged against interests
on his checking account with the Bank, returning a
check worth US$18,000.00 due to signature verification
problems, and unauthorized conversion of his account.
Petitioner alleged that Guerrero’s account is governed by
Guerrero’s claims except actual damages.
Petitioner filed a Motion for Partial Summary Judgment
No. New York Law does not apply. The Bank, however,
cannot rely on Willamete Iron and Steel Works v. Muzzal
or Collector of Internal Revenue v. Fisher to support its
cause. These cases involved attorneys testifying in open
court during the trial in the Philippines and quoting the
other hand, the Walden affidavit was taken abroad ex
parte and the affiant never testified in open court. The
but also because it does not state the specific New York

GR NO. 136804, 19 contended that the trial should be limited to the issue of
FEBRUARY 2003 (1) an official publication thereof or
The Walden affidavit states conclusions from the affiant's
actual damages.
personal interpretation and opinion of the facts of the
(2) a copy attested by the officer having
the legal custody thereof.
The affidavit of Alyssa Walden, a New York attorney, case vis a vis the alleged laws and jurisprudence without
supported the petitioner’s Motion for Partial Summary citing any law in particular. The citations in the Walden
Such official publication or copy must be Judgment.
affidavit of various U.S. court decisions do not constitute
accompanied, if the record is not kept in proof of the official records or decisions of the U.S.
the Philippines, with a certificate that the Walden's affidavit, authenticated by the Phil. Consular courts. While the Bank attached copies of some of the
attesting officer has the legal custody Office in NY, stated that Guerrero’s bank account U.S. court decisions cited in the Walden affidavit, these
thereof. stipulated that the governing law is NY law and that this copies do not comply with Section 24 of Rule 132 on
law bars all of Guerrero’s claims except actual damages. proof of official records or decisions of foreign courts.
Orlando Catalan was a naturalized American citizen. He
allegedly obtained a divorce in the US withFelicitas Amor, Divorce is NOT valid without presenting evidence.

and contracted a second marriage Merope Catalan.

Before a foreign judgment is given It appears that the trial court no longer required petitioner
Petitioner (Merope) filed with RTC a Petition for the to prove the validity of Orlando's divorce under the laws
presumptive evidentiary value, the issuance of letters of administration for her appointment
document must first be presented and of the United States and the marriage between petitioner
as administratrix of the intestate estate of Orlando.
and the deceased. Thus, there is a need to remand the
admitted in evidence.

While it was pending, respondent Louella Catalan-Lee, proceedings to the trial court for further reception of
A divorce obtained abroad is proven by from his first marriage, filed a similar petition with the evidence to establish the fact of divorce.

the divorce decree itself. Indeed the best RTC. The two cases were subsequently consolidated.

CATALAN VS CATALAN- evidence of a judgment is the Should petitioner prove the validity of the divorce and the
19 LEE, Letters of judgment itself. The decree purports to Respondent alleged that petitioner was not considered an subsequent marriage, she has the preferential right to
GR NO. 183622, 2 FEBRUARY administration be a written act or record of an act of an interested person to file a petition and she alleged that a be issued the letters of administration over the estate.

2012 criminal case for bigamy was filed against petitioner.

official body or tribunal of a foreign Otherwise, letters of administration may be issued to

country.
Felicitas Amor filed a Complaint for bigamy, alleging that respondent, who is undisputedly the daughter or next of
Aliens may obtain divorces abroad, which petitioner contracted a second marriage to Orlando kin of the deceased, in accordance with Section 6 of Rule
may be recognized in the Philippines, despite having been married to one Eusebio Bristol.
78 of the Revised Rules of Court.

provided they are duly proven and are
valid according to their national law.
RTC acquitted bigamy. Trial court ruled deceased was a
divorced American citizen, and since that divorce was
not recognized under Philippine jurisdiction, and the
marriage was not valid and found he had never been
married to Eusebio Bristol.
Thus, it is imperative for the trial court to first determine
the validity of the divorce to ascertain the rightful party to
be issued the letters of administration over the estate of
Orlando B. Catalan.

(sandeesuan)
EH 5 01 PAGE 9 OF 13
C ON F L I C T OF L AW S ( 2019) C AS ES - B AT C H 1 AT T Y . T ORREGOS A

CASES TOPIC KEY PRINCIPLE FACTS RULING

Venue is properly laid & respondent has legal capacity.

Presentation solely of the divorce decree

is insufficient and that proof of its The divorce decree allegedly obtained by Merry Lee would
authenticity and due execution must be Felicisimo San Luis (former gov) contracted 3 marriages: 
 have vested Felicidad with the legal personality to file the
presented.
First — Virginia Sulit (predeceased) — 6 children
 present petition as Felicisimo's surviving spouse.
Second — Merry Lee Corwin (divorced) — Tobias (son)
 However, the records show that there is insufficient
Under Sections 24 and 25 of Rule 132, a Third — Felicidad San Luis — no children — upon death
evidence to prove the validity of the divorce obtained
writing or document may be proven as a by Merry Lee as well as the marriage of respondent and
public or official record of a foreign Felicidad sought the dissolution of their conjugal Felicisimo under the laws of the U.S.A.

country by either
partnership assets and settlement of Felicisimo’s estate
EDGAR SAN LUIS VS and filed letters of administration in RTC of Makati City.
Even assuming that Felicisimo was not capacitated to
FELICIDAD SAN LUIS (1) an official publication or
marry respondent, she has the legal personality to file
GR NO. 133743, 6 FEBRUARY 3 ang asawa ni (2) a copy thereof attested by the officer Rodolfo claimed Felicidad has no legal personality and the subject petition for letters of administration, as she
20 2007 Gov that she was only a mistress because he was still legally may be considered the co-owner of Felicisimo as
having legal custody of the married to Merry Lee and should have filed in Laguna.

document.
regards the properties that were acquired through their
PET: EDGAR & RODOLFO Felicidad presented decree of absolute divorce to prove joint efforts during their cohabitation. Article 144 of the
(CHILDREN OF 1ST MARRIAGE) If the record is not kept in the Philippines, that the marriage has been dissolved and that she has Civil Code governs the property relations between parties
such copy must be
who live together as husband and wife without the benefit
legal capacity to marry.

(a)accompanied by a certificate issued by of marriage, or their marriage is void from the beginning.

the proper diplomatic or consular TC — dismissed; improper venu & no legal capacity

Should petitioner prove the validity of the divorce and the

officer in the Philippine foreign service
subsequent marriage, she has the preferential right to
stationed in the foreign country in
which the record is kept and
Otherwise, letters of administration may be issued to
(b)authenticated by the seal of his office.
For Philippine courts to recognize a
foreign judgment relating to the status of
CA — reversed
be issued the letters of administration over the estate.
respondent, who is undisputedly the daughter or next of
kin of the deceased.
1. The Rule on Declaration of Absolute Nullity of Void
Marriages and Annulment of Voidable Marriages does
not apply in a petition to recognize a foreign
judgment relating to the status of a marriage where
Fujiki (Japanese) married Maria Marinay. Fujiki’s parents one of the parties is a citizen of a foreign country.

a marriage where one of the parties is a did not approve of the marriage and could not bring her 2. Yes. A husband or wife of a prior marriage can file a
citizen of a foreign country, the petitioner to Japan so they lost contact.
petition to recognize a foreign judgment nullifying the
only needs to prove the foreign judgment Marinay met another Japanese (without first marriage subsequent marriage on the ground of bigamy.
as a fact under the Rules of Court being dissolved) and married Maekara who brought her While the Philippines does not have a divorce law,
through:
to Japan. She suffered physical abuse and left to find Philippine courts may, however, recognize a foreign
MINORU FUJIKI VS (1) an official publication or
Fujiki. They were able to obtain a judgement from family divorce decree under the second paragraph of Article
MARINAY Japanese court in Japan declaring the marriage as void (bigamy).
26 of the Family Code, to capacitate a Filipino citizen
21 (2) a certification or copy attested by the to remarry when his or her foreign spouse obtained a
GR NO. 196049, 26 JUNE bigamy Fujiki filed in RTC that the judgement in Japan be
2013 officer who has custody of the divorce decree abroad.

judgment.
recognized and bigamous marriage be declared void.


If the office which has custody is in a RTC dismissed that petition may solely by filed by H or W.
While the Philippines has no divorce law, the Japanese
foreign country such as Japan, the Fujiki contended that the Japanese judgment was Family Court judgment is fully consistent with
certification may be made by the proper consistent with the family code of PH and entitled to be Philippine public policy, as bigamous marriages are
diplomatic or consular officer of the recognized by PH courts.
declared void from the beginning under Article 35 (4) of
Philippine foreign service in Japan and the Family Code. Bigamy is a crime under Article 349
authenticated by the seal of office. of the Revised Penal Code. Thus, Fujiki can prove the
existence of the Japanese Family Court judgment in
accordance with Rule 132, Sections 24 and 25, in
relation to Rule 39, Section 48 (b) of the Rules of
Court.

(sandeesuan)
EH 5 01 PAGE 10 O F 13
C ON F L I C T OF L AW S ( 2019) C AS ES - B AT C H 1 AT T Y . T ORREGOS A

CASES TOPIC KEY PRINCIPLE FACTS RULING

Petitioner, a domestic corporation, hired Dupo
(respondent) as Civil Structural Superintendent to work
In Cadalin v. POEA’s Administrator, we in Saudi Arabia for its principal, Mohammad Al-Mojil
held that Article 291 covers all money Group/Establishment (MMG).

claims from employer-employee

relationship and is broader in scope than Respondent signed his first overseas employment Saudi Law does not apply.

claims arising from a specific law. It is not contract in 1992, renewable after one year. It was
renewed five times.
The characterization of a statute into a procedural or
limited to money claims recoverable substantive law becomes irrelevant when the country of
under the Labor Code, but applies also The sixth and last contract stated that respondent’s the forum has a borrowing statute. Said statute has the
to claims of overseas contract employment starts upon reporting to work and ends practical effect of treating the foreign statute of limitation
workers.
when he leaves the work site.
as one of substance.

LWN CONSTRUCTION As a general rule, a foreign procedural law Respondent left Saudi Arabia for a vacation. However, In the light of the 1987 Constitution, however, Section 48
22 VS DUPO will not be applied in the forum. when respondent came back, he resigned.
[of the Code of Civil Procedure] cannot be enforced ex
GR NO. 172342, 13 JULY Procedural matters, such as service of In his letter to MMG, he said that he is entitled to a long proprio vigore insofar as it ordains the application in this
2009 process, joinder of actions, period and service award under Saudi Law for working for more jurisdiction of [Article] 156 of the Amiri Decree No. 23 of
requisites for appeal, and so forth, are than seven (7) years. When he followed up his claim for 1976. The courts of the forum will not enforce any
governed by the laws of the forum. This long service award, petitioner informed him that MMG foreign claim obnoxious to the forum’s public policy.

is true even if the action is based upon a did not respond.

foreign substantive law

To enforce the one-year prescriptive period of the Amiri
Respondent filed a complaint for payment of service Decree No. 23 of 1976 as regards the claims in question
A law on prescription of actions is sui award against petitioner before NLRC and averred that would contravene the public policy on the protection to
generis in Conflict of Laws in the sense the long service pay of US$12,640.33 under Saudi Law labor.
that it may be viewed either as was offered to him before he went for vacation in 1999,
procedural or substantive, depending on but he did not grab it because he intended to return
the characterization given such a law. after his vacation.

Petitioner — offered PAYMENT and PRESCRIPTION

Echin was hired by ATCI Overseas Corp. (ATCI) in behalf
of the Public Health Ministry of Kuwait (Ministry) for the
position of medical technologist. Under Kuwaiti law, all
newly-hired employees undergo a probationary period
of one (1) year.
Echin was terminated, she not having passed the
Doctrine of Processual Presumption; probationary period. She returned to the Philippines
The party invoking the application of a shouldering her air fare. She filed before the NLRC a
ATCI OVERSEAS, ET
AL VS ECHIN
Doctrine of foreign law has the burden of proving the complaint for illegal dismissal against the NLRC.

23 Processual
law, under the doctrine of processual
GR NO. 178551, 11 Presumption NLRC held that Echin was illegally dismissed.

OCTOBER 2010 presumption; they must not only be

alleged and proven complying with ATCI argues that should not be held liable because
Sections 24 and 25 of Rule 132. Echin’s employment contract specifically stipulates that
her employment shall be governed by the Civil Service
Law and Regulations of Kuwait.

- employment contract stipulates laws of Kuwat;

- labor laws of host country

- foreign principal is government agency and immune

(sandeesuan)
EH 5 01 PAGE 11 O F 13
C ON F L I C T OF L AW S ( 2019) C AS ES - B AT C H 1 AT T Y . T ORREGOS A

CASES TOPIC KEY PRINCIPLE FACTS RULING

The doctrine of forum non conveniens
should not be used as a ground for a
motion to dismiss because Sec. 1, Rule
16 of the Rules of Court does not include
said doctrine as a ground. This Court
further ruled that while it is within the
discretion of the trial court to abstain
BANK OF AMERICA VS from assuming jurisdiction on this
24 CA, ground, it should do so only after vital
GR NO. 120135, 31 MARCH facts are established, to determine
2003
whether special circumstances require
the courts desistance; and that the
propriety of dismissing a case based on
this principle of forum non conveniens
requires a factual determination, hence it
is more properly considered a matter of
defense.
Generally, foreign law may govern
employment contracts and waivers,
quitclaims and other agreement but it
must be alleged and proved before
EDI-STAFFBUILDERS Philippine courts. Absent proof,
25 VS NLRC/GRAN, Philippine laws govern. Our rules on
GR NO. 145587, 26 quitclaim or waiver shall apply only to
OCTOBER 2007
labor contracts of OFWs in the absence
of proof of the laws of the foreign country
agreed upon to govern said contracts.
Otherwise, the foreign laws shall apply.
Foreign policies and laws, including the
rules of procedure, must be proven at all
times in the proceedings for recognition.
While it is true that it is the rule of the
ASIAVEST LIMITED VS forum before which the case has been
26 CA, lodged should apply in procedural
GR NO. 128803, 25 matters, the same cannot be done if the
SEPTEMBER 1998
rule is not proven in the action for
recognition. As such, the rule on
presumption of identity or similarity of
rules shall apply.

CORPUZ VS STO.
27 TOMAS,
GR NO. 186571, 11
AUGUST 2010

PHILIPPINE EXPORT
AND FOREIGN LOAN
28 GUARANTY CORP. VS
V.P. EUSEBIO CORP.,
G.R. NO. 140047, 13 JULY
2004

(sandeesuan)
EH 5 01 PAGE 12 O F 13
C ON F L I C T OF L AW S ( 2019) C AS ES - B AT C H 1 AT T Y . T ORREGOS A

CASES TOPIC KEY PRINCIPLE FACTS RULING

DEL SOCORRO VS VAN

29 WILSEM,
G.R. NO. 193707, 10
DECEMBER 2014

ORION SAVINGS BANK

VS SHIGEKANE
30 SUZUKI,
G.R. NO. 205487, 12
NOVEMBER 2014

(sandeesuan)
EH 5 01 PAGE 13 O F 13