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CONFLICT OF LAWS 3.
INTERNATIONAL LAW
PUBLIC INTERNATIONAL LAW (Law of
nations)
 Regulates political intercourse of
nations
PRIVATE INTERNATIONAL LAW
 Regulates the comity of states in
giving effect in one to the municipal
laws of another relating to private
persons
CONFLICT OF LAWS
 part of law which comes into play
when the issue before the court affects
some fact, event or transaction that is
so clearly connected with a foreign
system of law as to necessitate
recourse to that system
 embraces those universal principles of
right and justice which govern the
courts of one state having before them
cases involving the operation and
effect of the laws of another state or
country
 part of the municipal law of a state
which directs its courts and
administrative agencies, when
confronted with a legal problem
involving a foreign element, whether
or not they should apply a foreign law
or foreign laws (Paras, 1996)
Elements of a Conflict of Laws Case
(1) Conflict of Laws is part of the
municipal law of the State;
(2) There is a directive to courts and
administrative agencies;
(3) There is a legal problem involving a
foreign element; and
(4) There is either an application or
nonapplication of a foreign law or foreign
laws.
Three Phases for Judicial
Resolution of Conflicts Problems
*Hasegawa v Kitamura
1. Jurisdiction - where can/should
litigation be initiated
2. Choice of Law - which law will the court
apply
Recognition and Enforcement - where
can the resulting judgment be enforced
Characterization (Doctrine of
Qualification)
> process of deciding whether or not the
facts relate (refer to the connecting
factors) to the kind of question specified
in a conflicts rule; to enable the forum to
select the proper law
ELEMENTS:
1. Foreign element
2. . Points of contact
3. Proper law applicable
Test Factors/Points of
Contact/Connecting Factors
1. Nationality of a person, his domicile, his
residence, his place of sojourn, or his origin
2. The seat of a legal or juridical person, such
as a corporation
3. The situs of a thing, that is, the place where
a thing is, or is deemed to be situated. In
particular, the lex situs is decisive when real
rights are involved
4. The place where an act has been done, the
locus actus, such as the place where a
contract has been made, a marriage
celebrated, a will signed or a tort committd.
The lex loci actus is particularly important in
contracts and torts
5. The place where an act is intended to come
into effect, e.g. the place of performance of
contractual duties, or the pace where a power
of attorney is to be exercised
6. The intention of the contracting parties as
to the law that should govern their
agreement, the lex loci intentionis
7. The place where judicial or administrative
proceedings are instituted or done. The lex
fori - the law of the forum - is particularly
important because, as we have seen earlier,
matters of ‘procedure’ not going to the
substance of the claim involved are governed
by it; and because the lex fori applies
whenever the content of the otherwise
applicable foreign law is excluded from
application in a given case for the reason that
it fails under one of the exceptions to the
application of foreign law

8. The flag of the ship, which in many cases, is
decisive of practically all legal relationships of
the ship and of its master or owner as such. It
also covers contractual relationships
particularly contracts of affreightment.
SAUDI ARABIA AIRLINES V CA
FACTS: Morada, a Filipina flight stewardess
for SAUDIA, was a attempted raped by Saudia
Arabian national crewmembers in Indonesia.
She returned to Manila and while there, she
was convinced by SAUDIA manager to go to
Jeddah and sign some papers, purporting to
be release forms in favor of her fellow
crewmembers. It turned out that the
documents were court summons and orders,
trying and finding her guilty of adultery and
other violations of Islamic tradition. Upon her
release and return to Manila, she filed a case
for damages based on Art. 19 and 21 of the
Civil Code.
HELD: There is a conflicts problem as there is
a foreign element involved -- Morada is
employed by a resident foreign corporation,
an international carrier, and some of the acts
complained of occurred in Jeddah. The trial
court has jurisdiction over the subject matter
-- damage suit based on Art. 19 and 21 -- and
over the persons of Morada (plaintiff) and
SAUDIA (voluntary submission by filing
answer).
For characterization, the point of contact
considered is the lex loci actus or the place
where the tortuous act causing the injury
occurred -- Manila, Philippines since this is
where SAUDIA deceived Morada. The State of
the Most Significant Relationship rule was
also applied, SC holding that the Philippines is
where the over-all harm of the injury to the
person, reputation, social standing and
human rights of Morada had lodged.
How does one deal with a problem
in COL?
1. determine whether the court has
jurisdiction over the case
> no jurisdiction - case should be
dismissed on that ground
> has jurisdiction - court will
determine whether it should assume
jurisdiction over the case or
dismissit on the ground of forum
non conveniens
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Doctrine of Forum non conveniens
> a Philippine court in a conflict-of-
laws case may assume jurisdiction if it
chooses to do so, provided, that the
following requisites are met:
(1) that the Philippine Court is one to
which the parties may conveniently
resort to;
(2) that the Philippine Court is in a
position to make an intelligent
decision as to the law and the facts;
and
(3) that the Philippine Court has or is
likely to have power to enforce its
decision.
2. Once the court has determined whether
it has jurisdiction over the case, it will next
determine whether to apply the internal
law of the forum or the proper foreign law,
considering the attendant circumstances.
FIRST PHASE: Jurisdiction
Kinds of Jurisdiction
Jurisdiction over the person
 competence or power of a court to
render a judgment that will bind the
parties involved: the plaintiff or
petitioner, and the defendant or
respondent
 Jurisdiction over the plaintiff is
acquired the moment he invokes the
power of the court by instituting the
action by the proper pleading
 A plaintiff, under the rule of
submission, may sometimes by
filing suit with the court be
deemed to consent to its
exercise of jurisdiction over his
original cause of action
including counter-claims filed
by the defendant, and he would
then be subject to the judgment
of the court
 Jurisdiction over the defendant is
acquired when he enters his
appearance or by the coercive
power of legal process exerted by
the court over him.
 As for the defendant, his
personal appearance or
appearance by counsel is
tantamount to his giving
consent to the court's exercise
of jurisdiction over his person,
except if his appearance or that
of counsel is for the sole

purpose of questioning the
jurisdiction of the court.
 Jurisdiction over the defendant
may be acquired through his
voluntary appearance, as
already stated, or by personal
or substituted service of
summons on him under the
Rules of Court. This is referred
to as the coercive process in the
manner provided by law.
Jurisdiction over the property/res
 jurisdiction over the particular
subject-matter in controversy,
regardless of the persons who may
be interested therein. The basis of
the exercise of this jurisdiction is the
presence of the property within the
territorial jurisdiction of the forum,
even though the court may not have
personal jurisdiction over the
persons whose interests in the
property are affected.
 purpose of the suit is not to impose
a personal liability on anyone but it
is to affect the interests of all
persons in a thing.
 Examples are land registration cases
and admiralty cases where the
purpose is for the judgment to bind
the whole world insofar as the
subject land or vessel is concerned
and not just the interests of specific
persons
What about actions quasi in rem? In an
action quasi in rem, the purpose is neither
to impose a personal liability or obligation
upon anyone, nor to affect the interests of
all persons in a thing, but to affect the
interests of particular persons in a thing. In
such case, the court may render valid
judgment when it has jurisdiction over the
particular persons whose interests are
affected. Examples are foreclosure of a
mortgage, partition of land, or an action to
quiet title to property.
When, then, is service by publication
allowed? Summons by publication is
authorized only in three cases:
(a) If the action is in rem;
(b) If the action is quasi in rem; or
(c) If the action involves the personal status
of the plaintiff.
When may extraterritorial service of
summons be effected? Sec. 15, Rule 14, id.,
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provides for four instances wherein
extraterritorial service of summons may be
made; namely:
(a) When the defendant does not reside and is
not found in the Philippines, and the action
affects the personal status of the plaintiff;
(b) When the defendant does not reside and is
not found in the Philippines, and the action
relates to or the subject of which is, property
within the Philippines (real or personal), in
which the defendant has a claim a lien or
interest, actual or contingent;
(c) When the defendant is a non-resident but
the subject of the action is property located in
the Philippines, in which the relief demanded
consists, wholly or in part, in excluding the
defendant from any interest therein; and
(d) When property of a non-resident
defendant has been attached in the
Philippines.
Jurisdiction over the subject matter
 conferred by law, it cannot be
conferred by consent of the parties
or by their voluntary submission
 jurisdiction over the subject-matter
is found in the Constitution and the
Judiciary Reorganization Act, as
amended (BP 129)
 exists only in the abstract, it must be
invoked by filing the proper
complaint or petition with the court.
And it is the allegations of the
complaint or petition read in the
light of the proper jurisdictional law,
that confer jurisdiction on the court.
If the allegations of the complaint
show prima facie a lack of
jurisdiction, the court must dismiss
the case outright. No preliminary
hearing on the evidence is needed.
If, on the other hand, the complaint
or petition, on its face, shows the
presence of jurisdiction, trial must
be held. Should the evidence show
that the court really has no
jurisdiction, the case must be
dismissed
Jurisdiction over the issue
 jurisdiction over the issue is an
expression of a principle that is
involved in jurisdiction over the
persons of the parties. Where, for
instance, an issue is not duly
pleaded in the complaint, the
defendant cannot be said to have
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been served with process as to that presumption is that foreign law is the
issue.  same of ours
 Phil courts cannot take judicial notice of
foreign laws, as it must be
SECOND PHASE: Choice of Law proved/pleaded
 Choice of law asks the further
question whether the application of a
substantive law which will determine the
merits of the case is fair to both parties.

2 IMPORTANT QUESTIONS IN A CHOICE-

OF-LAW PROBLEM:
1. What legal system should control a given
situation where some of the significant
factors occurred in two or more states -
solved by characterization
2. To what extent should the chosen legal
system regulate the situation

STEPS IN DETERMINNING APPLICABLE

LAW
1. Characterization
a. Identification of issues
b. Pinpointing the branch of law implicated by
the problem
c. Determining the existence of conflicts of
law problem by the presence of a foreign
element
d. If there is a foreign, employ the applicable
conflict of law doctrines. If none, the rule, law
or jurisprudence in the forum.

2. Connecting factors
a. An analysis is made with respect to which
jurisdiction or has the most connection to the
case.
b. The nationality of the parties, the location
of the act or event, the terms of the agreement
or contract, and other matters are looked into
to determine what legal system between two
or more legal system is applicable.

CHOICE OF APPLICABLE LAW

 Parties to a contract are free to stipulate
the applicable law that will govern their
contractual relations (this proceeds from
Article 1306 of the Civil Code). It is not
necessary that the chosen law be local
law, so long as the choice of law does not
violate the public policy or the laws of
the forum.

Doctrine of Processual
Presumption/Presumed Identity
Approach
 Where a foreign law is not pleaded/even
if pleaded, is not proved, the