CONFLICTS OF LAW
that will be binding on the parties
STAGE I:
Jurisdiction- is the authority of a tribunal to
hear and decide a case.
-the power of the state to create legal interests
which other states will recognize and enforce.
 it is the court of the forum (lex fori)
which decides whether or not
jurisdiction, considering the attendant
circumstances, is present.
Lex Loci Celebrationis -The forms and
solemnities of contracts, wills, and other public
instruments shall be governed by the laws of
the country in which they are executed
When a court is without jurisdiction, it has no
alternative except to dismiss the case. Thus, any
judgement rendered is void.
If with jurisdiction:
(1) refuse to assume jurisdiction on the ground
of forum non conveniens; (Saudi Arabian Airlines v. CA)
(SAUDIA vs. Rebensio, et al. G.R. No. 198587) or
(2) assume jurisdiction, in which case it may
either: (Hasegawa v. Kitamura, G.R. No. 149177)
 apply the internal law of the forum (lex
fori); or
 apply the proper foreign law (lex
causae)
Kinds of Jurisdiction
(1) jurisdiction over the subject matter (general
class of thing)
 consent or the submission of the parties
on this point is of no consequence;
indeed, only the law confers it, and only
the law may change it.
 it is the allegations in the petition or
complaint that will confer jurisdiction
on the court.
 legal provisions prescribing the period
in which a decision should be rendered
are merely directory, not mandatory
 if a judgment is promulgated after the
expiration of the period, said judgment
would generally still be valid — unless
the intent to the contrary is manifest.
 the officer who failed to comply with
the law may be dealt with
administratively.
(2) jurisdiction over the person
 power of a court to render a judgment
involved
 Jurisdiction of plaintiff- acquired from
the moment he institutes the action
(filing of complaint) by the proper
pleading.
 Jurisdiction over defendant-acquired
through:
 voluntary appearance - except,
of course, if the precise purpose
of the appearance is to
question the jurisdiction of the
court over his person.
o An appearance by motion, by
answer, or by a simple
manifestation of
appearance, whether in
person or through an
attorney, is sufficient.
 personal service (Rule 14, sec. 5
ROC) “Whenever practicable, the
summons shall be served by handing a copy
thereof to the defendant in person and
informing the defendant that he or she is
being served, or, if he or she refuses to
receive and sign for it, by leaving the
summons within the view and in the
presence of the defendant.”
o It may be made at night as
well as during the day or
even on a Sunday or holiday
because of its ministerial
character
 substituted service of summons
(Rule 14, sec. 6, ROC) “If, for
justifiable causes, the defendant cannot be
served personally after at least three (3)
attempts on two (2) different dates, service
may be effected:
(a) By leaving copies of the summons at the
defendant's residence to a person at least
eighteen (18) years of age and of sufficient
discretion residing therein;
(b) By leaving copies of the summons at the
defendant's office or regular place of
business with some competent person in
charge thereof. A competent person
includes, but is not limited to, one who
customarily receives correspondences for
the defendant;
(c) By leaving copies of the summons, if
refused entry upon making his or her
authority and purpose known, with any of
the officers of the homeowners' association
or condominium corporation, or its chief
security officer in charge of the community
or the building where the defendant may be
found; and
(d) By sending an electronic mail to the
defendant's electronic mail address, if
allowed by the court.
the question of erroneous service of summons
must be raised before judgment is rendered,
otherwise, this would be a clear case of waiver.
  summons by publication
: only if the action is in rem (an
action against a property, which seeks to
determine the ownership of or rights to that
property) or quasi in rem (a situation
where the defendant's property is seized
to satisfy the plaintiff's claim) or
personal status of the plaintiff
(ex. recognition of an illegitimate child;
foreclosure of the mortgage;
Annulment-the Family Code sanctions
the annulment of a marriage even if
the defendant does not appear)
: If the action is in personam
(specific person), summons by
publication would not be
sufficient service on the person
of the defendant, W/N said
defendant is in the Philippines.
(ex. award of damages, award for support,
award of the deficiency);
judgment in personam,
enforceable not against the
whole world as in a proceeding
in rem, but only against the
party concerned, the
defendant.
If a defendant foreigner has property in the phil.
& the court does not acquire the jurisdiction
over that person, his properties cannot also be
held liable. EXCEPT: If previously, the court had
acquired jurisdiction over the property itself,
such as by attachment or by any other
proceeding in rem, the court may validly render
the property liable for the payment of the
damages, notwithstanding the fact that the only
summons on the defendant was summons by
publication.
2nd: if no agent, government official
designated by law
3rd: or any of its officer, agents,
directors or trustees within Phil.
If not registered in Phil or no resident agent:
-may be served outside Phil but must be with
leave of court:
1st: Personal Service: with assistance of DFA
2ND: Publication- in the country where the defendant is
may be found and by serving a copy of the summons and the court
order by registered mail at the last known address of the
defendant; (c) By facsimile; (d) By electronic means with the
prescribed proof of service; or (e) By such other means as the
court, in its discretion, may direct
Sec. 17 Extraterritorial service:
— When the defendant does not reside and is not found in the
Philippines, and the action affects the personal status of the
plaintiff or relates to, or the subject of which is, property within
the Philippines, in which the defendant has or claims a lien or
interest, actual or contingent, or in which the relief demanded
consists, wholly or in part, in excluding the defendant from any
interest therein, or the property of the defendant has been
attached within the Philippines, service may, by leave of court, be
effected out of the Philippines by personal service as under Section
6; or as provided for in international conventions to which the
Philippines is a party; or by publication in a newspaper of general
circulation in such places and for such time as the court may
order, in which case a copy of the summons and order of the court
shall be sent by registered mail to the last known address of the
defendant, or in any other manner the court may deem sufficient.
Any order granting such leave shall specify a reasonable time,
which shall not be less than sixty (60) calendar days after notice,
within which the defendant must answer.
Continuing Jurisdiction Even if the Defendant
Leaves - Even if the defendant leaves the state
of the forum prior to the final determination of
the suits, the jurisdiction over him that had
been previously acquired continues.

(3) jurisdiction over the res (specific class of

thing)
-jurisdiction over the particular subject matter
in controversy, regardless of the persons who
may be interested thereon
-jurisdiction may also be acquired by coercive
seizure of the property by attachment
proceedings

How Service Is Made on a Private Foreign

Corporation? SEC. 14 ROC
(it must be doing business or transacted in Phil. for us to
acquire jurisdiction)
If registered in phil, it may serve to:
1st: resident agent
Chapter 3 (4) Those who are naturalized in accordance
with law.
CHAPTER 8
ART. IV 1987 CONSTITUTION
Citizenship

SECTION 1. The following are citizens of the

Philippines:

(1) Those who are citizens of the Philippines at

the time of the adoption of this Constitution;

(THOSE BORN AFTER ADOPTION IS NOT

INCLUDED HERE)

(2) Those whose fathers or mothers are

citizens of the Philippines;

(The Philippine nationality law is based upon

the principles of jus sanguinis (Latin for right of
blood) and therefore descent from a parent who
is a citizen or national of the Republic of the
Philippines is the primary method of acquiring
Philippine citizenship. This is contrasted with the
legal principle of jus soli where being born on
the soil of a country, even to foreign parents,
grants one citizenship.)

(3) Those born before January 17, 1973, of

Filipino mothers, who elect Philippine
citizenship upon reaching the age of majority;
and

What is JAN 17, 1973?

 Ratified during the time of marcos
under martial law.
 the 1973 Constitution had been ratified
by the Filipino people and thereby was
in effect.
 Ex. Q: Father, forex; Mother, Filipino;
what is the citizenship of their daughter
who was born in 1972?
A: the daughter will be governing by
1935 constitution but can elect upon
reaching the age of majority. However,
the daughter is not yet considered as
filipina.

Q: how about the sec 1, (1) of this

article? Do the daughter need to elect
filipino citizenship?
A: No. automatically he is considered
as filipina.