CONFLICTS MCQS - SBUM

1.) What matters connected with real properties is/are not governed by lex situs?
a. Registration
b. Police power
c. Power of Eminent Domain
d. Taxation
e. All of the above
f. None of the above

2.) Which of the following is NOT an exception to the rule that license to do business is required
before Foreign Corporations could maintain a court or administrative suit?
a. Trademark of the suing corporation is not registered in the Philippines
b. That there exists a reciprocal treatment to Philippine Corporations by law
c. Trademark of the suing corporation is registered in the Philippines or that it be assignee thereof
d. That there exists a reciprocal treatment to Philippine Corporations by convention by the country
or origin of the foreign corporation

3.) The following situations are governed by the lex situs except:
a. Propriety of deficiency suit filed by the mortgagee after foreclosing the real estate mortgage
b. The legality of the contract of loan and the real estate mortgage secured by the contract of loan
c. Specific performance to develop a land in the Philippines with a contract executed in Japan
d. Capacity to succeed of the heirs of a Canadian decedent on properties located in the Philippines
e. A and B
f. B and C
g. None of the above
h. All of the above

4.) The following are classes of choses of action, except:

a) Negotiable instrument
b) Debts
c) Corporate stock
d) Documents of title
e) None of the Above

5.) Which of the following statements is/are true:

a. Where the interest involved is inherent to the immovable being transacted, the law of the situs rule
is
respected.
b. Where the breach results in a personal obligation by a party over which the court has jurisdiction,
the
forum may apply its own law as it really involves torts and the settlement of the same through
damages.
c. Only A is true

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d. Only B is true
e. Both A and B is true

6.) The following are evidence necessary for the reprobate or allowance of wills which have
been probated outside of the Philippines, EXCEPT:
a. The due execution of the will was in accordance with the foreign laws
b. The fact that the testator had his domicile in the Philippines
c. The fact that the foreign tribunal was a probate court
d. The will has been admitted to probate in a foreign country

7.) The following statements are contrary to law, EXCEPT:

a. Two persons can create a will in a single instrument for their reciprocal benefit,
b. Two persons can create a will in a single instrument for the benefit of a third
person,
c. Two foreigners in the Philippines can create a will jointly in the same instrument if
it is allowed by their national law
d. Filipinos in a foreign country can validly make a joint will in the same instrument if
it is allowed in the foreign country.

8.) In the split or division system, this law governs the transmission of successional rights
over movable property:
a. Lex nationalii
b. Lex loci celebrationis
c. Lex situs
d. Lex domicilii

9.) This law shall govern, in order to determine whether the surviving spouse shall succeed
ahead of the brothers and sisters of the decedent:
a. Lex fori
b. Lex loci celebrationis
c. Lex rei sitae
d. Lex nationalii

10.) Which of the following statements is incorrect?

a. A testator may appoint one or more executors, defining their powers to a certain
limit, or request the court to appoint one.
b. When the principal and ancillary administration of the decedent’s estate are
completed, the distribution of the remaining estate follows and it shall be
according to the law governing the administration.
c. Administration extends only to the assets of the decedent found within the State
where it was granted.
d. The grant of administration does not ex proprio have any effect beyond the limits
of the country in which it was granted.

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11.) Which of the following may NOT repel a foreign judgment or final order
a) Want of jurisdiction
b) Want of notice to the party
c) Intrinsic fraud
d) Extrinsic fraud

12.) What will primarily govern the enforcement of foreign arbitral awards?
a) Rules of Procedure
b) New York Convention
c) UNCITRAL Model Law
d) None of the Above

13.) What is the required quantum of evidence in proving the grounds of want of jurisdiction, want
of notice to private defendant, collusion, fraud, and clear mistake of law or facts under Section 48,
Rule 39 to challenge the validity of a foreign judgment?
a) Proof beyond reasonable doubt
b) Clear and convincing evidence
c) Preponderance of evidence
d) Substantial evidence

14.) Which of the following recognizes arbitration as an alternative mode of settling disputes?
a) Chapter 2, Title XIV, Book IV, Civil Code
b) Republic Act No. 876
c) 10 May 1965 Resolution No. 71 of the Philippine Senate
d) All of the above.
e) None of the above.

15.) Which of the following doctrines justify the upholding of the validity of the arbitration clause
despite the container contract being null and void?
A. Doctrine of Superiority of Arbitration
B. Doctrine of Severability
C. Doctrine of Solidarity
D. None of the above

16.) In the case of America Online Inc. v. Superior Court & Mendoza, the Superior Court stated three
(3) characteristics in order for forum selection agreements to be validly binding upon the selected
forum. Which of the following is not considered?
A. It must be suitable
B. It must be waived
C. It must be available
D. It must be able to accomplish substantial justice

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17.) Which statements are incorrect?

I. The second requirement for specific jurisdiction is that the claim asserted in the litigation arises
out of the claimant's forum related activities. [False. “claimant” must be “defendant”]
II. General jurisdiction exists when a defendant is domiciled in a state other than the forum state, or
his activities there are substantial or continuous and systematic. [False. It must be “domiciled in the
forum state”]
III. For jurisdiction to be reasonable, it must not comport with fair play and substantial justice. [False.
It must comport with fair play and substantial justice]
A. Statements I & II
B. Statements II & III
C. Statements III & I
D. All of the above

18.) When the execution of a foreign judgment is inconsistent with the rights protected by the
Constitution of the executing country, which will prevail as held in the case of Yahoo! Vs. LICRA, the
execution of the foreign judgement or the right protected?
A. The rights protected by the Constitution of the executing country will prevail absent any law or
treaty regarding international standards on internet use. In the said case, the court favored the
protection to the freedom of expression granted by the First Amendment rather than the liability of
Yahoo! as ordered by the French Court.
B. The foreign judgment will prevail. France has the right to determine its own law and social policies
and since Yahoo! violated the said laws by being accessible in France, Yahoo! must abide by the orders
of the French Court.
C. The foreign judgment will prevail but it may only be applied in the country where it originates. As
held in the said case, the order of the French Court must thus apply only to Yahoo! France.
D. The rights protected by the Constitution of the executing country will prevail because the
protection of Freedom of Expression is not only protected by the U.S Constitution but also by the
Universal Declaration of Human Rights to which France is a signatory.

19.) True or false. In the case of America Online Inc. v. Superior Court, the law favors forum selection
agreements only so long as they are procured freely and voluntarily, with the place chosen having
some logical nexus to one of the parties or the dispute, and so long as California consumers will find
their substantial legal rights significantly impaired by their enforcement
Answer: FALSE, the latter statement should read “and so long as California consumers will NOT
find their substantial legal rights significantly impaired by their enforcement.”

20.) In the case of CompuServe Inc. v Patterson, in order that an internet service provider’s home
state can exercise jurisdiction over an out of state author of software who subscribes to the internet
service provider and receives commissions for software sold via the internet service provider, the
three-pronged test requires the following, except:
a. The defendant must have purposefully availed himself of the privilege of acting in the state
b. The defendant must commit an intentional act (2) that is expressly aimed at the forum state and
causes actual harm that the defendant knows is likely to be suffered in the forum state

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c. The legal action must have arisen from defendant's activities there
d. The acts of the defendant or consequences of his actions must have a sufficiently substantial
connection to the state

21.) Which of the following is not an exception to the application of foreign laws?
A. Where enforcement of foreign law is contrary to an important public policy of the forum
B. Where the act consists of the exercise of sovereignty
C. Enforcement of a penal law
D. Where application of foreign law would be against good morality
E. None of the above
Answer: E. None of the above.

22.) Which of the following is true in ascertaining and proving foreign laws?
A. The parties to a case have a passive role in ascertaining foreign laws.
B. The judge takes an active role in ascertaining foreign laws.
C. Uncodified laws may be proven by oral testimony of an expert witness.
D. The Rules on Evidence restricts the presentation of competent evidence to prove the existence of
foreign law.
E. Lack of certification by the custodian of the publication or records of foreign law is not fatal to the
case.

23.) Which of the following statements are correct?

I. The Philippine Court dismisses a case when the foreign law is not alleged and proven.
II. Texas law governs on the rules of legitime of a Texan citizen decedent despite dying in the
Philippines
III. An affidavit taken abroad ex parte regarding a Foreign law is admissible in Philippine courts even
if the affiant was not presented in Court
IV. The Doctrine of Processual Presumption is applicable in German private international law.
A. I only
B. II only
C. III and IV
D. II and III
E. All of the above
F. None of the above

24.) This theory is a complete revision of the original Restatement in which they set forth some of the
policies which in their view should guide the courts in deciding choice-of-law questions and in
formulating rules for the choice of law. Where there is no applicable statute or codal provision, these
set of guidelines should be kept in mind.
A. State Interest Theory
B. Cavers Principle of Preference
C. The Second Restatement and the Law of the Most Significant Relationship Theory
D. The Convenient Forum Theory

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25.) Which of the following theories asserts that the application of foreign legal systems in cases
involving foreign element is proper because their non-application would constitute a disregard of
foreign sovereignty.
A. Harmony of Laws Theory
B. Local Laws Theory
C. Vested Rights Theory
D. Theory of Comity

26.) The question of whether or not the particular act or mode of conduct is allowed, commanded or
prohibited is immediately solved by applying this rule:
a. Object or Factual Situation Rule
b. Conflicts Rules
c. Ordinary Internal Rules
d. Point of Contact or Connecting Factor

27.) If the problem of characterization pertains to a procedural law, what should governed?
a) Lex Causae
b) Lex Fori
c) Lex Loci Voluntatis
d) Lex Loci Intentionis

28.) In intestate and testamentary successions, the national law of the decedent governs:
a. order of succession, amount of successional rights and intrinsic validity of testamentary provisions,
whatever may be the nature of the property and regardless of the country wherein said property may
be found, as well as capacity to succeed.
b. order of succession, amount of successional rights and intrinsic validity of testamentary provisions.
c. order of succession and amount of successional rights.

29.) The term Renvoi is of ________ origin

a. Latin
b. Italian
c. Dutch
d. French

30.) Which of the following options describes Doctrine of Renvoi the best?
a. It is in relation to foreign issues arising in succession planning
b. It is a legal doctrine applied when a court is faced with conflict of law
c. It is a legal doctrine applied in cases of International Trade law
d. It is a legal doctrine used for criminal cases at International Criminal Court

31.) As provided under Article 12 of the New Civil Code and as emphasized in the case of Yao Kee v.
Gonzales, a ___ must be proved as a fact, according to the rules of evidence.

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a. Document
b. Ceremony
c. Custom
d. None of the above

32.) Who may adopt under the Inter-Country Adoption Act of 1995?
a. Resident Filipino Citizen and Resident Alien
b. Resident Filipino Citizen and Non-Resident Alien
c. Non-Resident Filipino Citizen and Resident Alien
d. Non-Resident Filipino Citizen and Non-Resident Alien

33.) Statement 1: The important problem in Conflict Laws in respect to legitimation is to choose the
system of law which shall determine whether legitimation has been effected or not.
Statement 2: Whether legitimate or legitimated, the relations between the child and his parents are
governed in many legal systems by the personal law of the father
a. Both statements are correct
b. Only statement 1 is correct
c. Only statement 2 is correct
d. Both statements are incorrect

34.) Jacob, a Swiss national, married Lourdes, a Filipina, in Berne, Switzerland. Three years later, the
couple decided to reside in the Philippines. Jacob subsequently acquired several properties in
Hongkong with the money he inherited from his parents. If the spouses decided to separate, what
law should govern the distribution of properties located in Hongkong?
a. Laws of Switzerland
b. Laws of the Philippines
c. Laws of Hongkong
d. None of the above.

35.) As a rule divorce is not recognized in the Philippines. Which among the statements is not correct?
a. Filipino spouse may file divorce abroad against the alien spouse.
b. Only Filipinos are covered by the policy against absolute divorces, aliens may obtain divorce
abroad, which may be recognized in the Philippines.
c. Judicial recognition is a requirement of a foreign judgment on divorce.
d. A validly obtained abroad only capacitates the alien spouse to remarry.

36.) Multiple Nationality may arise in the following scenarios EXCEPT:

a) Concurrent application of the jus sanguinis and jus soli
b) By reason of Marriage
c) Denial by one State of the right of expatriation – right of abandoning one’s nationality and
embracing another
d) Formal and voluntary act
e) Stateless persons

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37.) Which of the following is not correct?

a) Each State is free to determine by its own law the persons whom it considers to be its own
nationals.
b) It is for the municipal law of each State (not for International Law) to determine who are the
nationals of a particular State.
c) The authority of the State to define who are its nationals is not absolute.
d) Lex Domicili or the Principle of Nationality tends to solve the problem posed by persons of multiple
nationality.
e) Polygamists or believers in the practice of polygamy cannot be naturalized as Filipino citizen.

38.) Where a person is a national of two or more countries but the litigation arises in a third country,
the following rules are applicable EXCEPT:
a) He is a citizen of the country in which he has a meaningful connection to the State.
b) He is usually considered as a national of the country where he has his domicile or habitual
residence or, in the absence thereof, his residence.
c) Principle of Effective Nationality
d) All of the choices are NOT APPLICABLE.
e) None of the choices are NOT APPLICABLE.

39.) The following are principles of domicile EXCEPT:

a) A person is entitled to have two or more simultaneous domiciles.
b) No natural person can ever be without domicile.
c) Every natural person, as long as he is free and sui juris, may have and change his domicile at
pleasure.
d) A domicile once acquired is retained unless a new one is gained.
e) The presumption is in favor of the continuance of an existing domicile.

40.) Which of the following statements are correct:

I. Domicile of Origin refers to the domicile of a person’s parents at the time of his birth.
II. Domicile of Origin is established after birth.
III. A legitimated child follows the domicile of his mother at time of birth but upon legitimation, is
constructive domicile becomes that of the father.
IV. Freedom of Choice by the parents of a child is necessary as a rule in Domicile of Choice.
V. Intention of the persons under legal disability is essential in order to establish Constructive Origin.

a) Statements I and III.

b) Statements I, IV and V.
c) Statements I, II and IV.
d) Statements II and V.
e) All of the statements.

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41.) Kyoto Air, a foreign corporation doing business in the Philippines, employs Crispin and Basilio,
Filipinos, as flight crew for their Manila-Kansai routes for a period of 2 years. In their contract, it was
stipulated that the laws of Japan will govern and that any suit arising from the contract must be
brought before the courts located within Kansai Prefecture. 7 months before the expiration of the
contract, Crispin and Basilio were terminated on the ground that their services are no longer needed.
This prompted them to file an illegal dismissal case in the RTC Manila. As a defense, Kyoto Air invoked
that their contract stipulated that the law to govern will be the laws of Japan and any suit must be
brought to the courts within Kansai. Choose which of the following is the best answer.
a) The intention of the parties must be respected, hence, the law applicable will be that of Japan and
the venue of court must only be in Kansai area of Japan.
b) The stipulations as to the law applicable and venue are not valid because the case involves matter
of public interest. Hence, Philippine courts cannot be stripped of its power to hear the case.
c) The parties may choose to file the case either in Japan or the Philippines following the rule on
convenience.
d) None of the above.

42.) Statement I. In the Philippines, in order to determine what law to apply in resolving issues with
regards to the intrinsic validity of the contract, the Doctrine of Party Autonomy must be observed.
Statement II. In the absence of a sound-choice-of-law, the most substantial relationship to the
parties and to the transactions test must be applied.
a) Statement I is the only correct answer.
b) Statement II is the only correct answer.
c) Both statements are correct.
d) Both statements are wrong.

43.) Statement I – Article 28 (1) of the Warsaw Convention which states the place where action for
air carriage may be filed is only a matter of venue.
Statement II – Article 28 (1) of the Warsaw Convention which states the place where action for air
carriage may be filed is jurisdictional
Statement III - Article 28 (1) of the Warsaw Convention which states the place where action for air
carriage may be filed is a matter of venue and jurisdictional

a) I is correct
b) II is correct
c) III is correct
d) II and III is correct

44.) A was a passenger of Cebu Pacific bound for Manila. He checked in one piece of luggage. However,
upon arrival at his destination, his luggage could not be found. He filed a complaint for damages for
breach of contract of carriage against Cebu Pacific and asked 250,000 as compensation for damages.
The court only awarded 100.00 as it was the baggage liability assumed by Cebu Pacific under the
condition printed at the back of the plane ticket. Was the court correct in awarding only 100.00?
a) No, because the condition is contrary to public morals and policy.

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b) Yes, while A did not sign the plane ticket, he is still bound by the provisions thereof. A contract
limiting liability upon an agreed valuation does not offend against policy of the law forbidding one
from contracting against his own negligence.
c) No, because there is no evidence showing that A actually entered into a contract with Cebu Pacific
limiting the latter’s liability for loss or delay of the baggage of its passengers.
d) No, because the provisions are not valid and binding upon A for lack of knowledge or assent to the
same.

45.) The justification for the application of the principle of loc contractus is founded upon:
a) Theory of Sovereignty
b) Concept of Voluntary Submission
c) Rule on Validation
d) A and B

46.) Which of the following can a Philippine court do when confronted with a conflict of law case?
a) Dismiss the case.
b) Take cognizance of the case and apply domestic law.
c) Take cognizance of the case and apply foreign law.
d) All of the above.

47.) What do you call a clause in a contract with a conflict of laws element which allows the parties
to agree that any disputes relating to that contract will be resolved in a specific forum?
a) Choice of Law Clause
b) Jurisdiction Clause
c) Both A and B
d) None of the above

48.) In an action in personam, how is jurisdiction over the person of the defendant acquired?
a) Upon order of the Court.
b) Upon filing of Answer by the defendant
c) After the lapse of 15 days from filing of Complaint
d) Upon service of Summons to the defendant

49.) In proceedings in rem or quasi in rem against a nonresident who is not served personally within
the state, and who does not appear, the relief must:
a) Be confined to the res, and the court cannot lawfully render a personal judgment against him
b) Be confined to the res, and the court can lawfully render a personal judgment against him
c) Not be confined to the res, and the court cannot lawfully render a personal judgment against him
d) None of the above

50.) What is NOT CONSIDERED as a factor in considering a forum to be the most convenient?
a) Whether the matters can be tried and decided elsewhere because the main aspects of the case
transpired in a foreign jurisdiction

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b) Whether the forum is likely to have the power to enforce its decision
c) Whether the forum is in the position to make an intelligent decision as to the law and the facts
d) Whether the parties may advantageously resort to.

51.) Which of the following statements is the most accurate?

a) Under the Civil Law Theory, the locus delicti is where the act began.
b) Under the Common Law Theory, the locus delicti is the place where the wrongful act became
effective.
c) Under the Rabel Theory, the locus delicti is the place which has the most substantial connection
with the wrongful act.
d) All statements are correct.

52.) Which of the following statements correctly describes the Passive Personality Principle in
relation to criminal liability?
a) Criminal Jurisdiction is determined by reference to the place where the offense is committed.
b) It is a rule that a State has the power to enact criminal laws which apply even to violations
committed by its citizens in other states.
c) Under this principle, the determination of jurisdiction is made by the reference to the nationality
or national character of the person injured by the offense.
d) The principle recognizes that a sovereign can adopt a statute that criminalizes conduct that occurs
outside of its borders when that conduct affects the sovereign itself.

53.) What is the rule adopted by the majority of States in tort problems arising from libel, slander,
defamation, or the invasion of privacy in case there is publication thereof occurring in more than one
state?
a) Single Publication Rule
b) Multi-publication Rule
c) Dr. Rabel’s Theory
d) Alien Tort Rule

54.) What are the requisites for the Alien Tort Statute to be applicable?
a) Claim by an alien, tort, violation of international law
b) Claim by a US resident, tort, violation of international law
c) Claim by an alien, tort, violation of international and municipal law
d) Claim by an alien, tort, violation of a municipal law

55.) What conflict rule in tort will generally apply or govern in the Philippines?
a) Law of the place where the tort became effective
b) Law of the place where the tort was committed
c) Law of the place where the tort began
d) All of the above

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