CONFLICTS OF LAWS; DEFINITION:

1. That part of the law of each state or nation which determines whether, in dealing with
a legal situation, the law or some other state or nation will be recognized, given
effect, or applied (16 Am Jur, 2d, Conflict of Laws, 1).
2. That part of 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/s (Paras).
DISTINGUISHED FROM PUBLIC INTERNATIONAL LAW
BASIS
1 Nature
2 Persons
involved

CONFLICT OF LAW
Municipal in character
Dealt with by private individuals;
governs individuals in their
private transactions which
involve a foreign element

3 Transactions
involved

Private transactions between

private individuals

4 Remedies
and Sanctions

Resort to municipal tribunals

LAW OF NATIONS
International in character
Sovereign states and other
entities possessing international
personality, e.g., UN; governs
states in their relationships
amongst themselves
Generally affected by public
interest; those in general are of
interest only to sovereign states
May be peaceful or forcible
Peaceful: includes diplomatic
negotiation, tender & exercise of
good offices, mediation, inquiry
& conciliation, arbitration,
judicial settlement by ICJ,
reference to regional agencies
Forcible: includes severance of
diplomatic relations, retorsions,
reprisals, embargo, boycott,
non-intercourse, pacific
blockades, collective measures
under the UN Charter, and war.

SOURCES:
DIRECT:
1. Constitutions
2. Codifications
3. Special Laws
4. Treaties and Conventions
5. Judicial Decisions
6. International Customs
INDIRECT:
1. Natural moral law
2. Work of writers
TERMS:
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 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

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
Effect of failure to plead and prove foreign law (3 alternatives) 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
THEORIES WHY FOREIGN LAW SHOULD BE GIVEN EFFECT
1. Theory of Comity foreign law is applied because of its convenience & because we
want to give protection to our citizens, residents, & transients in our land
2. Theory of Vested Rights we seek to enforce not foreign law itself but the rights
that have been vested under such foreign law; an act done in another state may give
rise to the existence of a right if the laws of that state crated such right.
3. Theory of Local Law- adherents of this school of thought believe that we apply
foreign law not because it is foreign, but because our laws, by applying similar rules,
require us to do so; hence, it is as if the foreign law has become part & parcel of our
local law
4. Theory of Harmony of Laws theorists here insist that in many cases we have to
apply the foreign laws so that wherever a case is decided, that is, irrespective of the
forum, the solution should be approximately the same; thus, identical or similar
solutions anywhere & everywhere. When the goal is realized, there will be harmony
of laws
5. Theory of Justice the purpose of all laws, including Conflict of Laws, is the
dispensing of justice; if this can be attained in may cases applying the proper foreign
law, we must do so
RULES ON STATUS IN GENERAL

1
2
3
4
5
6

FACTUAL SITUATION
Beginning of personality of natural
person
Ways & effects of emancipation
Age of majority
Use of names and surnames
Use of titles of nobility
Absence

POINT OF CONTACT
National law of the child (Article 15, CC)
Same
Same
Same
Same
Same

7 Presumptive death & survivorship

Celebrated in RP

Celebrated Abroad

RULES ON MARRIAGE AS A CONTRACT

FACTUAL SITUATION
Between Filipinos

Between Foreigners

Mixed
Between Foreigners

Mixed

Lex fori (Article 43, 390, 391, CC; Rule

131 5 [jj], Rules of Court)
POINT OF CONTACT
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
Lex loci celebrationis EXCEPT if the
marriage is:
a. Highly immoral (like bigamous/
polygamous marriages)
b. Universally considered incestuous
(between brother-sister, and
ascendants-descendants)
Apply 1 (b) to uphold validity of marriage
National law (Article 21, FC) PROVIDED
the marriage is not highly immoral or
universally considered incestuous)
National law of Filipino (otherwise public
policy may be militated against)

Marriage by proxy (NOTE: a marriage Lex loci celebrationis (with prejudice to

by proxy is considered celebrated where the foregoing rules)
the proxy appears
RULES ON MARRIAGE AS A STATUS
FACTUAL SITUATION
POINT OF CONTACT
1 Personal rights & obligations between National of husband
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
nationality of husband at the time of
wedding)
2 Property relations bet husband & wife
National law of husband without
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)

Exceptions

RULES ON PROPERTY
FACTUAL SITUATION
REAL PROPERTY
Successional rights

POINT OF CONTACT
Lex rei sitae (Article 16, CC)
National law of decedent (Article 16 par.
2, CC)

Capacity to succeed

National law of decedent (Article. 1039)

Contracts involving real property which

do not deal with the title thereto

The law intended will be the proper law

of the contract (lex loci voluntantis or lex
loci intentionis)

Contracts where the real property is

given as security

The principal contract (usually loan) 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 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
property

EXCEPTION: same as those for real

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)

3 THINGS IN TRANSITU (THESE THINGS HAVE

A CHANGING STATUS BECAUSE THEY
MOVE)

Loss, destruction, deterioration

Validity & effect of the seizure of the
goods

Disposition or alienage of the goods

Law of the destination (Article. 1753,

CC)
Locus regit actum (where seized)
because said place is their temporary
situs
Lex loci volutantis or lex loci intentionis
because here there is a contract

FACTUAL SITUATION
INTANGIBLE PERSONAL PROPERTY
(CHOSES IN ACTION)
1 Recovery of debts or involuntary
assignment of debts (garnishment)
2 Voluntary assignment of debts

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
4 Administration of debts

5 Negotiability or non-negotiability of an
instrument

6 Validity of transfer, delivery or

negotiation of the instrument
7 Effect on a corporation of the sale of
corporate shares
8 Effect between the parties of the sale of
corporate shares

9 Taxation on the dividends of corporate

shares
10 Taxation on the income from the sale of
corporate shares
11 Franchises
12 Goodwill of the business & taxation
thereto
13 Patents, copyrights, trademarks, trade
names

POINT OF CONTACT

Where debtor may be effectively served

with summons (usually the domicile)
Lex loci voluntatis or lex loci intentionis
(proper law of the contract)

Domicile of creditor
Lex situs of assets of the debtor (for
these assets can be held liable for the
debts)
The right embodied in the instrument
(for example, in the case of a Swedish
bill of exchange, Swedish law
determines its negotiability)
In general, situs of the instrument at the
time of transfer, delivery or negotiation
Law of the place incorporation
Lex loci voluntatis or lex loci intentionis
(proper law of the contract) for this is
really a contract; usually this is the place
where the certificate is delivered)
Law of the place of incorporation
Law of the place where the sale was
consummated
Law of the place that granted them
Law of the place where the business is
carried on
In the absence of a treaty, they are
protected only by the state that granted
them
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)

FACTUAL SITUATION
EXTRINSIC VALIDITY OF JOINT W ILLS (MADE IN
THE SAME INSTRUMENT)
1 Made by Filipinos abroad
2 Made by aliens abroad
3 Made by aliens in the RP

INTRINSIC VALIDITY OF W ILLS

CAPACITY TO SUCCEED
REVOCATION OF W ILLS
1 If done in the RP

POINT OF CONTACT

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)

2 If done OUTSIDE the RP

a. By a NON-DOMICILIARY

Lex loci celebrationis (of the making of

the will, NOT revocation), OR lex
domicilii (Article 829)

b. By a DOMICILIARY of the RP

Lex domicilii (RP law) OR lex loci actus

(of the revocation) (Article 17)

PROBATE OF W ILLS MADE ABROAD

1 If not yet probated abroad

2 If already probated abroad

EXECUTORS AND ADMINISTRATORS

1 Where appointed

2 Powers

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 assets
are found
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 nonsuccessive cases

RULES ON OBLIGATION AND CONTRACTS

FACTUAL SITUATION
FORMAL OR EXTRINSIC VALIDITY
Exceptions

POINT OF CONTACT
Lex loci celebrationis (Article 17 {1})

a. Alienation & encumbrance of

property

Lex situs (Article 16 [1])

b. Consular contracts

Law of the RP (if made in RP

consulates)
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

CAPACITY OF CONTRACTING PARTIES

Exception
Alienation & encumbrance of property
INTRINSIC VALIDITY (INCLUDING
INTERPRETATION OF THE INSTRUMENTS, AND
AMT. OF DAMAGES FOR BREACH)

Lex situs (Article 16 {1})

Proper law of the contract lex
contractus (in the broad sense),
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 Minors 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
Liability & damages for torts in general
NOTE: The locus delicti (place of
commission of torts) is faced by the
problem of characterization. In civil law
countries, the locus delicti is generally
where the act began; in common law
countries, it is where the act first became
effective

RULES ON CRIMES
FACTUAL SITUATION
ESSENTIAL ELEMENTS OF A CRIME AND
PENALTIES

POINT OF CONTACT
Lex loci delicti (law of the place where the
delict was committed)
NOTE: liability for foreign torts may be
enforced in the RP if:
a. The tort is not penal in character
b. If the enforcement of the tortious
liability wont contravene our public
policy
c. If our judicial machinery is adequate for
such enforcement
POINT OF CONTACT
Generally where committed (locus 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, homicide, Where the victim was injured (not where
murder, infanticide & parricide
the aggressor wielded his 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, rebellion, Where the conspiracy was formed (not
or sedition
where the overt act of treason, rebellion
NOTE: Other conspiracies are NOT 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

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 cant 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

Formation of the corporation

(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
(including ultra vires acts)

Right to sue & amenability to court

processes & suits against it
Manner & effect of dissolution

TEST)
Law of the place of incorporation

Law of the place of incorporation & law

of the place of performance (the act or
contract must be authorized by BOTH
laws)
Lex fori

Law of the place of incorporation

provided that the public policy of the
forum is not militated against
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 legal The personal law of the partnership, i.e.,
personality of the firm; the capacity to
the law of the place where it was
contract; liability of the firm & the
created (Article 15 of the Code of
partners to 3rd persons
Commerce) (Subject to the exceptions
given above as in the case of corps.)
Creation of branches in the RP; validity
RP law (law of the place where
& effect of the branches commercial
branches were created) (Article 15,
transaction; & the jurisdiction of the
Code of Commerce)
court
Dissolution, winding up, & termination of RP law (Article 15, Code of Commerce)
branches in the RP
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 (place of
INDEPENDENT OF INDIVIDUALS, USUALLY NOT
principal center of administration)
FOR PROFIT)