MINDANAO STATE UNIVERSITY COLLEGE OF LAW

CONFLICT OF LAWS 2024

By: Atty. Erwin L. Bernales

1. Dylan, a Filipino citizen, was born and raised in New York City. At 30 Years old, he has a thriving
business and is planning to run for mayor in Gensan. In October 2021, he leased a unit in Deca Homes
Calumpang as his residence. He filed his certificate of candidacy one year after. Mr. Dodong, his rival,
filed a petition before the COMELEC to refuse due course to Dylan’s candidacy on the ground of
false and material misrepresentation regarding Dylan’s residence. The rival alleged that Dylan is not
deemed to be a domicile of Gensan since he only rented his place of residence and thus has not
abandoned his original domicile in New York nor he acquired his new domicile of choice in Gensan.
Dylan contended that his physical presence in Gensan for at least one year is sufficient to prove his
domicile of choice. Will you give due course to Dodong action against Dylan? Explain. (5pts)

2. Who are considered citizens of the Philippines under the 1987 Constitution? (3pts)

3. Pareng Jun-Jun, a former natural-born Filipino, returned to the Philippines in 2008 to live with his
brother Pareng Jan-Jan in Cagayan. He gave up his Australian citizenship, resigned from his work and
sold all his properties in Australia and re-acquired his Filipino citizenship by taking an oath of
allegiance to the Republic of the Philippines. In 2010, he filed his candidacy for governor of Cagayan.
Rule on his candidacy. (5pts)

4. Rebecca, an American national, executed her will in the Philippines. She has properties located in the
Philippines. However, her will was executed in accordance with the formalities of American law. Can
such will produce effect in the Philippines? Explain. (5pts)

5. Differentiate dual allegiance from dual citizenship? (3pts)

6. Pipoy Ampogi, husband of Pipay Anganda, went to Indonesia as a software engineer, where he then
embraced and was converted to Islam. He then, married Kahim Kundiman in accordance with Islamic
Rites. Kahim with their 5 children and Pipoy arrived in the Philippines as “guests” of Pipoy. When
they arrived at the residence of Pipay, they made it appear that Kahim and their children were just
friends and was just visiting the Philippines. Later, Pipay discovered the true relationship of Pipoy and
Kahim. Upon the complaint filed by Pipay, the Commission on Immigration and Deportation (CID),
seeks to deport Kahima and her children. Kahim claims that her marriage to Pipoy was valid under
Art. 27 of PD 1085, the Muslim Code, which recognizes the practice of polygamous marriage. From
that premise, she argues that the under Article 109 of the Civil Code of the Philippines, Article 68 of
the Family Code and Article 34 of the Muslim Code, the husband and wife are obliged to live together
under Article 110 of the CC. Hence, the CID has no right to order the couple to live separately.

Is her contention correct? (5pts)

7. Yaw-Ha, a Chinese national, operating a base in the Philippines employed the services of Popoy, a
minor child to play online games, earn crypto, and exposed in pornography. Popoy is no longer
reporting to school due to his employment with Yaw-Ha. Further, he suffered from physical and
mental exhaustion and lack of sleep. The conditions of Popoy came to the knowledge of DSWD who
filed an action against Yaw-Ha. In its defense, Yaw-Ha contended that Popoy and his parents executed
a contract containing a waiver of right to file any action in any office or tribunal concerning the
working conditions of Popoy and has given their consent for his employment. He further averred that
the contract is valid under Chinese Laws. Is the defense of Yaw-Ha tenable? Explain. (5pts).

8. Explain the concept of renvoi. (3pts.)

9. Princess, a Filipina, married Prince, an American citizen. After a year of cohabitation, Prince filed
divorce before an American court, which petition was granted in 2015. Under American law, the
decree of divorce capacitated Prince to remarry. Princess, devasted and crying, returned in the
Philippines only to find her true and destined love, Berto, the VP of San Miguel Corporation. Princess
became successful owning half of San Miguel Corporation and SM. Princess and Berto decided to live
together as husband and wife. The cohabitation begot a child, Princess Berta. In 2022, Prince came to
Philippines demanding support from Princess. He learned the marriage of Princess and Berto and
decided to file a Petition for Nullity of Marriage with a prayer for support pendente lite. Will the
action prosper? Explain. (5pts)

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 10. Mr. Akita Ventosa, a Japanese national and owner of DILA Engineering, engaged the services of Mr.
Tushiko, a Japanese national permanently residing here in the Philippines, to be assigned as the
Project Director for the Moon Tollway Project, a project that must be completed within 4 years in the
Philippines. The contract was executed and signed in Japan. 3 months before the completion of the
project, Mr. Ventosa terminated the services of Mr. Tushiko, on the ground that his services are no
longer necessary and considering that the project is almost complete. Aggrieved, Mr. Tushiko sued
Mr. Berto for damages in the RTC.

a. Can the RTC hear and resolve the case for damages filed by Mr. Tushiko? (5pts). Explain.

b. Explain the concept of Conflict of Laws or Private International Law and what is the
difference between Jurisdiction and Choice of Law? (5pts)

11. Qatar Airlines hired Filipina national Dorothy as flight attendant. She worked in the airline regularly
for 6 years. During their lay-over in Thailand, and while she was resting from a tiring flight, she felt
that someone touched her butt. When she opened her eyes, she discovered that it was Kareem
Tulingog, a Qatari flight attendant, attempting to rape her. With her resistance and loud voice and
scream, Kareem Tulingog ran away. She filed a complaint upon their return in Qatar. The Manager of
Qatar Airlines forced Dorothy to sign a document purporting to be statements dropping the case
against Kareem. She refused. Hence, she was terminated. Aggrieved, Dorothy filed a complaint in the
RTC of Manila against Qatar Airlines. Qatar Airlines questioned the jurisdiction of the RTC and in
fact submitted several motions including motion to dismiss.

a. Can the RTC of Manila acquire jurisdiction over the case? Explain. (10pts)

b. How can a foreign law or foreign public documents be proved in the Philippine
jurisdiction? Explain (5pts)

12. Dodong married the rich and super wealthy woman, Inday. However, after 5 years of marriage, Inday
fell in love to Pedro, the best-friend and best-man of Dodong. Thus, Inday went to a small country in
Europe, became a naturalized citizen of that country, divorced Dodong, and married Pedro. A year
thereafter, Inday and Pedro returned and established permanent residence in the Philippines.

a. Is the divorce obtained by Inday and Dodong recognized in the Philippines?

Explain your answer. (3pts)

b. If Dodong will hire you as his lawyer, what legal recourse would you advise him
to take? Why? (3pts)

c. Dodong tells you that he has fallen in love with another woman, Matilda, and
wants to marry her because after all, Inday is already married to Pedro. Can
Dodong legally marry Matilda? Explain (3pts).

d. Explain the present rule regarding the citizenship of a foreigner who marries a
filipino? (3pts)

13. Francis Albert, a citizen and resident of New Jersey, U.S.A., under whose law he was still a minor,
being only 20 years of age, was hired by ABC Corporation of Manila to serve for two years as its
chief computer programmer. But after serving for only four months, he resigned to join XYZ
Corporation, which enticed him by offering more advantageous terms. His first employer sues him in
Manila for damages arising from the breach of his contract of employment. He sets up his minority as
a defense and asks for annulment of the contract on that ground. The plaintiff disputes this by alleging
that since the contract was executed in the Philippines under whose law the age of majority is 18
years, he was no longer a minor at the time of perfection of the contract.

1. Will the suit prosper? Explain. (5pts)

2. Suppose XYZ Corporation is impleaded as a co-defendant, what would be the basis of its
liability, if any? (5pts)

14. Mr. Andrew E., a Filipino, executed a will in Kuwait while working there as a contract worker.
Assume that under the laws of Kuwait, it is enough that the testator affix his signature to the presence
of two witnesses and that the will need not be acknowledged before a notary public.

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 May the will be probated in the Philippines? (5pts)

15. Michelle, the French daughter of Penreich, a German national, died in Spain leaving real
properties in the Philippines as well as valuable personal properties in Germany.

1. What law determines who shall succeed the deceased? Explain your answer and give its legal
basis. (3pts)

2. What law regulates the distribution of the real properties in the Philippines? Explain your answer
and give its legal basis. (3pts)

3. What law governs the distribution of the personal properties in Germany? Explain your answer and
give its legal basis. (3pts)

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