CONFLICT OF LAWS

LEX DOMICILII - law of the domicile; in conflicts, the law of one's domicile applied in the
choice of law questions

LEX FORI - law of the forum; that is, the positive law of the state, country or jurisdiction
of whose judicial system of the court where the suit is brought or remedy is sought is
an integral part. Substantive rights are determined by the law where the action arose
(lex loci) while the procedural rights are governed by the law of the place of the forum
(lex fori)

LEX LOCI - law of the place

LEX LOCI CONTRACTUS - the law of the place where the contract was made or law of the
place where the contract is to be governed (place of performance) which may or may
not be the same as that of the place where it was made

LEX LOCI REI SITAE - law of the place where the thing or subject matter is situated; the
title to realty or question of real estate law can be affected only by the law of the place
where it is situated

LEX SITUS - law of the place where property is situated; the general rule is that lands
and other immovables are governed by the law of the state where they are situated

LEX LOCI ACTUS - law of the place where the act was done

LEX LOCI CELEBRATIONIS - law of the place where the contract is made

LEX LOCI SOLUTIONIS - law of the place of solution; the law of the place where payment
or performance of a contract is to be made

LEX LOCI DELICTI COMMISSI - law of the place where the crime took place

LEX MEREATORIA - law merchant; commercial law; that system of laws which is adopted
by all commercial nations and constitute as part of the law of the land; part of common
law

LEX NON SCRIPTA - the unwritten common law, which includes general and particular
customs and particular local laws

LEX PATRIAE - national law

RENVOI DOCTRINE - doctrine whereby a jural matter is presented which the conflict of
laws rules of the forum refer to a foreign law which in turn, refers the matter back to
the law of the forum or a third state. When reference is made back to the law of the

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forum, this is said to be "remission" while reference to a third state is called
"transmission."

NATIONALITY THEORY - by virtue of which the status and capacity of an individual are
generally governed by the law of his nationality. This is principally adopted in the RP

DOMICILIARY THEORY - in general, the status, condition, rights, obligations, & capacity of
a person should be governed by the law of his domicile.

LONG ARM STATUTES - Statutes allowing the courts to exercise jurisdiction when there are
minimum contacts between the non-resident defendant and the forum.

WAYS OF DEALING WITH A CONFLICTS PROBLEM

1. Dismiss the case for lack of jurisdiction, or on the ground of forum non-
conveniens

DOCTRINE OF FORUM NON CONVENIENS - the forum is inconvenient; the ends of

justice would be best served by trial in another forum; the controversy may be more
suitably tried elsewhere

2. Assume jurisdiction and apply either the law of the forum or of another
state

a. APPLY INTERNAL LAW - forum law should be applied whenever there is good
reason to do so.

There is a good reason when any one of the following factors is present:

i. A specific law of the forum decrees that internal law should apply

Examples:
 Article. 16 of the Civil Code - real and personal property subject to the law
of the country where they are situated and testamentary succession
governed by lex nationalii
 Article 829 of the Civil Code - makes revocation done outside Philippines
valid according to law of the place where will was made or lex domicilii
 Article 819 of the Civil Code - prohibits Filipinos from making joint wills
even if valid in foreign country

ii. The proper foreign law was not properly pleaded and proved

The reason is that our courts cannot take judicial notice of foreign laws. So
that if the proper foreign law is not pleaded (in the complaint or petition, or
in the answer or any other responsive pleading) and is not proven as a fact,

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 the court has the right to presume that the applicable foreign law is the same
as the internal or domestic law of the forum and should, therefore, apply the
latter law (Adong v. Cheong Seng Gee, 43 Phil. 43; Sy Joc Liong v. Syquia, 16
Phil. 137; Lim v. Collector, 36 Phil. 472; Fluemer v. Hix, 54 Phil. 610; In re
Testate Estate of Suntay, 95 Phil. 500).

NOTICE AND PROOF OF FOREIGN LAW

 As a general rule, courts do not take judicial notice of foreign laws;

 Foreign laws must be pleaded and proved

What are the effects of failure to plead and prove foreign law of the
forum court?

(a) Dismiss the case for inability to establish cause of action

(b) Assume that the foreign law of the same as the law of the forum
(c) Apply the law of the forum

iii. The case falls under any of the exceptions to the application of
foreign law

Exceptions to application of foreign law:

(a) The foreign law is contrary to the public policy of the forum
(b) The foreign law is procedural in nature
(c) The case involves issues related to property, real or personal (lex situs)
(d) The issue involved in the enforcement of foreign claim is fiscal or
administrative
(e) The foreign law or judgment is contrary to good morals (contra bonos
mores)
(f) The foreign law is penal in character
(g) When application of the foreign law may work undeniable injustice to the
citizens of the forum
(h) When application of the foreign law might endanger the vital interest of
the state

b. APPLY FOREIGN LAW - when properly pleaded and proved

How is a foreign law proved under our Rules of Court?

If the law is written it may be proved by:

(1) An official publication thereof, or

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 (2) A copy of the law attested by the officer having legal custody of the
record or by his deputy, accompanied by a certificate of any Philippine
embassy, consular, or foreign service officer in the foreign country
where the record is kept, and authenticated by the seal of his office.

If the law is unwritten, it may be proved by:

(1) The oral testimony of expert witnesses, or

(2) By printed and published books of reports of decisions of the country
involved, if proved to be commonly admitted in its courts.
(3)
What is meant by the “processual” presumption of law?

This rule means that when the proper foreign law has not been properly
proved, the court of the forum may presume that said foreign law is the same
as its local or domestic law, which it can now apply.

How is a foreign law that has been duly pleaded and proved to
be interpreted by our courts?

As a general rule, a foreign law that has been duly pleaded and proved should be
given by our courts the same interpretation as that given by the foreign tribunals of the
country where the law comes from.

A possible exception is a case where somewhere in our laws, there is a statute

worded identically as the foreign law, so that our courts cannot be blamed if they
disregard the foreign interpretation of said foreign law and give it the same
interpretation previously given by our courts.

RULES ON STATUS IN GENERAL

FACTUAL SITUATION POINT OF CONTACT

1 Beginning of personality of natural National law of the child (Article 15,
person CC)
2 Ways & effects of emancipation Same
3 Age of majority Same
4 Use of names and surnames Same
5 Use of titles of nobility Same
6 Absence Same
7 Presumptive death & survivorship Lex fori (Article 43, 390, 391, CC;
Rule 131 §5 [jj], Rules of Court)

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RULES ON MARRIAGE AS A CONTRACT
FACTUAL SITUATION POINT OF CONTACT
Between Filipinos Lex loci celebrationis is without
prejudice to the exceptions under
Articles 25, 35 (1, 4, 5 & 6), 36, 37 &
38 of the Family Code (bigamous &
incestuous marriages) & consular
marriages
Between Foreigners Lex loci celebrationis EXCEPT if the
marriage is:
Celebrated Abroad

a. Highly immoral (like bigamous/

polygamous marriages)
b. Universally considered incestuous
(between brother-sister, and
ascendants-descendants)
Mixed Apply 1 (b) to uphold validity of
marriage
Between Foreigners National law (Article 21, FC)
Celebrated in RP

PROVIDED the marriage is not highly

immoral or universally considered
incestuous)
Mixed National law of Filipino (otherwise
public policy may be militated
against)
Marriage by proxy (NOTE: a Lex loci celebrationis (with prejudice
marriage by proxy is considered to the foregoing rules)
celebrated where the proxy appears

RULES ON MARRIAGE AS A STATUS

FACTUAL SITUATION POINT OF CONTACT
1 Personal rights & obligations National of husband
between husband & wife (Note: Effect of subsequent change
of nationality:
a. If both will have a new nationality
– the new one
b. If only one will change – the last
common nationality
c. If no common nationality –

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 nationality of husband at the time
of wedding)
2 Property relations bet husband & National law of husband without
wife prejudice to what the CC provides
concerning REAL property located in
the RP (Article 80) (NOTE: Change
of nationality has NO EFFECT. This is
the DOCTRINE OF IMMUTABILITY IN
THE MATRIMONIAL PROPERTY
REGIME)

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RULES ON PROPERTY
FACTUAL SITUATION POINT OF CONTACT
REAL PROPERTY Lex rei sitae (Article 16, CC)
Successional rights National law of decedent (Article 16
par. 2, CC)

Capacity to succeed National law of decedent (Article.

1039)

Contracts involving real property The law intended will be the proper
which do not deal with the title law of the contract (lex loci
thereto voluntantis or lex loci intentionis)

Contracts where the real property is The principal contract (usually loan)
given as security is governed by the proper law oft the
contract – (lex loci voluntatis or lex
loci intentionis)
NOTE: the mortgage itself is
governed by lex rei sitae. There is a
possibility that the principal contract
is valid but the mortgage is void; or
it may be the other way around. If
the principal contract is void, the
Exceptions

mortgage will also be void (for lack

of proper cause or consideration),
although by itself, the mortgage
could have been valid.
TANGIBLE PERSONAL PROPERTY (CHOSES IN POSSESSION)
1 IN GENERAL Lex rei sitae (Article. 16, CC)

Exceptions: same as those for real EXCEPTION: same as those for real
property property EXCEPT that in the example
concerning mortgage, the same must
be changed to pledge of personal
property)
2 MEANS OF TRANSPORTATION

Vessels Law of the flag (or in some cases,

place of registry)

Other means Law of the depot (storage place for

supplies or resting place)

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3 THINGS IN TRANSITU (THESE THINGS
HAVE A CHANGING STATUS BECAUSE THEY
MOVE)

Loss, destruction, deterioration Law of the destination (Article. 1753,

CC)
Validity & effect of the seizure of the Locus regit actum (where seized) –
goods because said place is their temporary
situs

Disposition or alienage of the goods Lex loci volutantis or lex loci

intentionis – because here there is a
contract

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FACTUAL SITUATION POINT OF CONTACT
INTANGIBLE PERSONAL PROPERTY
(CHOSES IN ACTION)
1 Recovery of debts or involuntary Where debtor may be effectively
assignment of debts (garnishment) served with summons (usually the
domicile)
2 Voluntary assignment of debts Lex loci voluntatis or lex loci
intentionis (proper law of the
contract)

OTHER THEORIES:
a. National law of the debtor or creditor
b. Domicile of the debtor or creditor
c. Lex loci celebrationis
d. Lex loci solutionis
3 Taxation of debts Domicile of creditor
4 Administration of debts Lex situs of assets of the debtor (for
these assets can be held liable for
the debts)
5 Negotiability or non-negotiability of The right embodied in the
an instrument instrument (for example, in the case
of a Swedish bill of exchange,
Swedish law determines its
negotiability)
6 Validity of transfer, delivery or In general, situs of the instrument at
negotiation of the instrument the time of transfer, delivery or
negotiation
7 Effect on a corporation of the sale of Law of the place incorporation
corporate shares
8 Effect between the parties of the Lex loci voluntatis or lex loci
sale of corporate shares intentionis (proper law of the
contract) – for this is really a
contract; usually this is the place
where the certificate is delivered)
9 Taxation on the dividends of Law of the place of incorporation
corporate shares
10 Taxation on the income from the Law of the place where the sale was
sale of corporate shares consummated
11 Franchises Law of the place that granted them
12 Goodwill of the business & taxation Law of the place where the business
thereto is carried on
13 Patents, copyrights, trademarks, In the absence of a treaty, they are
trade names protected only by the state that
granted them

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 NOTE: foreigners may sue for
infringement of trademarks and
trade names in the RP ONLY IF
Filipinos are granted reciprocal
concessions in the state of the
foreigners

Wills, Succession & Administration of Conflict Rules

FACTUAL SITUATION POINT OF CONTACT
EXTRINSIC VALIDITY OF WILLS
1 Made by an alien abroad Lex nationalii OR lex domicilii OR RP
law (Article 816, CC), OR lex loci
celebrationis (Article 17(1))
2 Made by a Filipino abroad Lex nationalii OR lex loci
celebrationis (Article 815)
3 Made by an alien in the RP Lex nationalii OR lex loci
celebrationis (Article 817)

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FACTUAL SITUATION
EXTRINSIC VALIDITY OF JOINT WILLS (MADE
THE SAME INSTRUMENT)
1 Made by Filipinos abroad
2 Made by aliens abroad
3 Made by aliens in the RP
INTRINSIC VALIDITY OF WILLS
CAPACITY TO SUCCEED
REVOCATION OF WILLS
1 If done in the RP
2 If done OUTSIDE the RP
a. By a NON-DOMICILIARY
b. By a DOMICILIARY of the RP
PROBATE OF WILLS MADE ABROAD
1 If not yet probated abroad
2 If already probated abroad
EXECUTORS AND ADMINISTRATORS
1 Where appointed
POINT OF CONTACT
IN
Lex nationalii (void, even if valid
where made) (Article 819)
Valid if valid according to lex domicilii
or lex loci celebrationis (Article 819)
Lex loci celebrationis therefore void
even if apparently allowed by Article
817 because the prohibition on joint
wills is a clear expression of public
policy
Lex nationalii of the deceased –
regardless of the LOCATION &
NATURE of the property (Article 16
(2))
Lex nationalii of the deceased – not
of the heir (Article 1039)
Lex loci actus (of the revocation)
(Article. 829)
Lex loci celebrationis (of the making
of the will, NOT revocation), OR lex
domicilii (Article 829)
Lex domicilii (RP law) OR lex loci
actus (of the revocation) (Article 17)
Lex fori of the RP applies as to the
procedural aspects, i.e., the will must
be fully probated here & due
execution must be shown
Lex fori of the RP again applies as to
the procedural aspects; must also be
probated here, but instead of proving
due execution, generally it is enough
to ask for the enforcement here of
the foreign judgment on the probate
abroad
Place where domiciled at death or
incase of non-domiciliary, where
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 assets are found
2 Powers Co-extensive with the qualifying of
the appointing court – powers may
only be exercised within the
territorial jurisdiction of the court
concerned
NOTE: these rules also apply to
principal, domiciliary, or ancillary
administrators & receivers even in
non-successive cases

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RULES ON OBLIGATION AND CONTRACTS
FACTUAL SITUATION POINT OF CONTACT
FORMAL OR EXTRINSIC VALIDITY Lex loci celebrationis (Article 17 {1})
Exceptions

a. Alienation & encumbrance of Lex situs (Article 16 [1])

property

b. Consular contracts Law of the RP (if made in RP

consulates)
CAPACITY OF CONTRACTING PARTIES National law (Article 15) without
prejudice to the case of Insular
Government v Frank 13 P 236, where
the SC adhered to the theory of lex
loci celebrationis
Exception

Alienation & encumbrance of Lex situs (Article 16 {1})

property
INTRINSIC VALIDITY (INCLUDING Proper law of the contract – lex
INTERPRETATION OF THE INSTRUMENTS, AND contractus (in the broad sense),
AMT. OF DAMAGES FOR BREACH) meaning the lex voluntatis or lex loci
intentionis

OTHER THEORIES ARE:

a. Lex loci celebrationis (defect: this makes possible the evasion of the national
law)
b. Lex nationalii (defect: this may impede commercial transactions)
c. Lex loci solutionis (law of the place of performance) (defect: there may be
several places of performance
d. Prof Minor’s solution:
i. Perfection – lex loci celebrationis
ii. Cause or consideration – lex loci considerations
iii. Performance – lex loci solutionis (defect: this theory combines the
defect of the others)

RULES ON TORTS
FACTUAL SITUATION POINT OF CONTACT
Liability & damages for torts in general Lex loci delicti (law of the place where
the delict was committed)
NOTE: The locus delicti (place of
commission of torts) is faced by the NOTE: liability for foreign torts may be
problem of characterization. In civil enforced in the RP if:

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law countries, the locus delicti is a. The tort is not penal in character
generally where the act began; in b. If the enforcement of the tortious
common law countries, it is where the liability won’t contravene our public
act first became effective policy
c. If our judicial machinery is adequate
for such enforcement

RULES ON CRIMES
FACTUAL SITUATION POINT OF CONTACT
ESSENTIAL ELEMENTS OF A CRIME AND Generally where committed (locus
PENALTIES regit actum)
THEORIES AS TO WHAT COURT HAS JURISDICTION:
a. Territoriality theory – where the crime was committed
b. Nationality theory – country which the criminal is citizen or a subject
c. Real theory – any state whose penal code has been violated has jurisdiction,
where the crime was committed inside or outside its territory
d. Protective theory – any state whose national interests may be jeopardized
has jurisdiction so that it may protect itself
e. Cosmopolitan or universality theory – state where the criminal is found or
which has his custody has jurisdiction
f. Passive personality theory – the state of which the victim is a citizen or
subject has jurisdiction

NOTE: In the RP, we follow the territoriality theory in general; exception: Article
2, RPC, stresses the protective theory
THE LOCUS DELICTI OF CERTAIN CRIMES
1 Frustrated an consummated, Where the victim was injured (not
homicide, murder, infanticide & where the aggressor wielded his
parricide weapon)
2 Attempted homicide, etc. Where the intended victim was (not
where the aggressor was situated) –
so long as the weapon or the bullet
either touched him or fell inside the
territory where he was
3 Bigamy Where the illegal marriage was
performed
4 Theft & robbery Where the property was unlawfully
taken from the victim (not the place
to which the criminal went after the
commission of the crime)
5 Estafa or swindling thru false Where the object of the crime was
representation received (not where the false
representations were made)
6 Conspiracy to commit treason, Where the conspiracy was formed

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 rebellion, or sedition (not where the overt act of treason,
NOTE: Other conspiracies are NOT rebellion or sedition was committed)
penalized by our laws
7 Libel Where published or circulated
8 Continuing crime Any place where the offense begins,
exists or continues
9 Complex crime Any place where any of the essential
elements of the crime took place

Rules on Juridical Persons

FACTUAL SITUATION
CORPORATIONS
Powers and liabilities
Formation of the corporation Law of the place of incorporation
(requisites); kind of stocks, transfer
of stocks to bind the corporation,
issuance, amount & legality &
dividends, powers & duties of
members, stockholders and officers
Validity of corporate acts & contracts Law of the place of incorporation &
(including ultra vires acts)
Right to sue & amenability to court Lex fori
processes & suits against it
Manner & effect of dissolution
POINT OF CONTACT
General rule: the law of the place of
incorporation
EXCEPTIONS:
a. For constitutional purposes –
even of the corporation was
incorporated in the RP, it is nor
deemed a Filipino corporation &
therefore can’t acquire land,
exploit our natural resources, 7
operate public utilities unless
60% of capital if Filipino owned
b. For wartime purposes – we pierce
the corporation veil & go to the
nationality of the controlling
stockholders to determine if the
corporation is an enemy
(CONTROL TEST)
law of the place of performance (the
act or contract must be authorized
by BOTH laws)
Law of the place of incorporation
provided that the public policy of the
forum is not militated against

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 Domicile If not fixed by the law creating or
recognizing the corporation or by
any other provision – the domicile is
where it is legal representation is
established or where it exercises its
principal functions (Article. 15)
Receivers (appointment & powers) Principal receiver is appointed by the
courts of the state of incorporation;
ancillary receivers, by the courts of
any state where the corporation has
assets (authority is CO-EXTENSIVE)
w/ the authority of the appointing
court
NOTE: Theories on the personal and/or governing law of corporations:
a. Law of the place of incorporation (this is generally the RP rule)
b. Law of the place or center of management (center for administration or
siege social) (center office principle)
c. Law of the place of exploitation (exploitation centre or siege d’
exploitation)
PARTNERSHIPS
The existence or non-existence of The personal law of the partnership,
legal personality of the firm; the i.e., the law of the place where it
capacity to contract; liability of the was created (Article 15 of the Code
firm & the partners to 3rd persons of Commerce) (Subject to the
exceptions given above as in the
case of corps.)
Creation of branches in the RP; RP law (law of the place where
validity & effect of the branches’ branches were created) (Article 15,
commercial transaction; & the Code of Commerce)
jurisdiction of the court
Dissolution, winding up, & RP law (Article 15, Code of
termination of branches in the RP Commerce)
Domicile If not fixed by the law creating or
recognizing the partnership or by
any other provision – the domicile is
where it is legal representation is
established or where it exercises its
principal functions (Article. 15)
Receivers RP law insofar as the assets in the
RP are concerned can be exercised
as such only in the RP
FOUNDATIONS (COMBINATION OF CAPITAL Personal law of the foundation
INDEPENDENT OF INDIVIDUALS, USUALLY NOT (place of principal center of
FOR PROFIT) administration)

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-end-

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