CHAPTER ONE:

IN GENERAL
CONFLICT OF LAWS comes into play when the
issue before the court affects some fact, event or
transaction that is so clearly connected with a
foreign system of law

Part of the municipal law of a state which

directs its courts and administrative agencies,
when confronted with a legal problem
involving a foreign element, W/N they should
apply a foreign law.

CONFLICT OF LAW CASE case which involves

facts occurring in more than one state where it is
necessary to make a choice between the laws of
different states or countries
STATE includes foreign sovereign countries /
states and political subdivisions of states /
countries which have their own legal systems

COL is not part of PIL. It is a part of the

municipal law of each state, which means
internal or local law.
AS TO:

Persons
involved

Transaction
s Involved

Nature
Remedies

PUBLIC
INTERNATIONA
L LAW
Governs
sovereign states
& entities that
are
internationally
recognized with
intl personality
Applies only to
transactions w/c
only
sovereign
states / entities
w/
intl
personality are
concerned and
will affect public
interest
International in
character
1. Peaceful
remedies
2. Forcible
remedies

CONFLICT
OF
LAWS
Governs
private
individuals or
corporations

Strictly private
in
nature;
country
has
generally has
no interest

Municipal
Recourse
is
had
to
judicial
/
administrative
tribunals
in
accordance w/
the rules of
procedure
of
the
country
where they sit.

CHAPTER TWO:
JURISDICTION & CHOICE OF LAW
HOW TO DEAL WITH A PROBLEM IN COL:

CASE
(Determined
by Law of the

THREE KINDS OF JURISDICTION:

1. JD over SUBJECT MATTER conferred by
law and is defined as the POWER TO HEAR
and DETERMINE cases of general class to
which proceedings in question belong
Cannot be conferred by consent of
parties / by their voluntary submission
Must be invoked by filing the proper
complaint or petition with the court
Allegations of the complaint read in the
light of proper jurisdictional law that
confer jurisdiction on the court.
If allegations of the complaint show prima
facie a LACK of JD = outright dismissal of
case
If there is JD = trial
No need for preliminary hearing on the
evidence
Another element to consider: possible
enforceability of courts decision in foreign
states, subject to the rights of said states
2. JD over THE PERSON competence / power
of court to RENDER JUDGMENT that will bind
the parties involved
a. JD over PLAINTIFF by instituting the
action by the proper pleading
b. JD
over DEFENDANT by voluntary
appearance or coercive power of legal
process by court (service of summons)
3. JD over THE RES over a PARTICULAR
subject matter in controversy, regardless of
the person who may be interested therein
KINDS OF SERVICES (HOW SUMMONS ARE
AFFECTED):
IN ACTIONS IN PERSONAM:
PERSONAL service in person on defendant; by
handing a copy to D in person, or if he refuses to
receive and sign, for it by tendering it to him
SUBSTITUTED for justifiable causes:
i. By leaving copies of summons at the Ds
residence w/ some person of suitable age and
discretion then residing therein
ii. By leaving copies at the Ds office / regular
place of business w/ some competent person
in charge thereof

Strict compliance is needed for court to

acquire JD
Question of erroneous service of summons
must be raised before judgment isHas
rendered,
JD
No JD
or else this would be a clear case of waiver
SERVICE BY PUBLICATION

DISMISSAL

In actions:

Internal
Law

Assume
JD

Proper
Foreign
Law

Forum
Non
Convenie
DISMISSA
L

A. IN REM
B. QUASI IN REM
C. INVOLVES PERSONAL STATUS OF THE
PLAINTIFF
EXTRATERRITORIAL SERVICE:
1. When D does not reside and is not found in
the PH; actions affects personal status of the
P
2. When the D does not reside and is not found
in the PH; action relates to / subject of which
is, property within the PH (real or personal), In
which the D has a claim, a lien or interest,
actual or contingent
3. When the D is a non-resident but the subject
of the action is property located in the PH,
where the relief demanded consists wholly or
partially, in excluding the D from any interest
therein
4. When property of a non-resident D has been
attached in the PH a writ of attachment may
be issued by court but cannot be
implemented until the court has acquired JD
over non-resident D
HOW: By leave of court
1. By personal service
2. By publication, but copy of summons and
order of court must be sent by registered mail
to the Ds last known address
3. Any other manner the court may deem
sufficient
FORUM NON CONVENIENS court may refuse
to exercise / assume JD on this ground, for
practical reasons such as:
1. Evidence and witnesses may not be readily
available in the forum
2. Court dockets may already be clogged
3. To curb the evils of forum shopping
4. Forum has no particular interest in the case
5. Belief that matter can be better tried and
decided in another JD
6. Other courts are open and the case may be
tried in said courts
7. Inadequacy of the local judicial machinery for
effectuating the right sought to be enforced
by the P
8. Difficulty in ascertaining the foreign law
applicable
3 INSTANCES WHEN FORUM HAS TO APPLY
INTERNAL LAW:
1. When the law of forum expressly provides in
its conflict rules
2. When the proper foreign law has not been
properly pleaded and proved courts cannot
take judicial notice of foreign laws
3. When case involves any of the exceptions to
the application of the proper foreign law
HOW TO PROVE FOREIGN LAW:
If the law is WRITTEN:
1. Official publication
2. Copy of the law attested by officer having
legal custody of the record
If the law is UNWRITTEN:
1. Oral testimony of expert witnesses
2. By printed / published books of reports of
decisions of the country involved

PROCESSUAL PRESUMPTION OF LAW 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 / domestic
law, which it can now apply (Art. 16(2)) referring
back to home country
GR: 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.
XPN: 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.

GR: Foreign law cannot be applied and the courts

should instead apply the domestic law.
XPNs:
1. When the application of the foreign law would
be in conflict to the sound and established
public policy of the forum
2. When foreign law is contrary to the almost
universally conceded principles of morality
3. When the foreign laws involve procedural
matters
A party to an action must submit himself
to the procedural formalities of the forum
XPN: when the law is both procedural and
substantive
4. When foreign law is penal in character
We follow the principle of territoriality
Penal clause in a contract entered into
abroad may be enforced here because
such clause is not criminal
5. When law is purely fiscal
Not bound to enforce foreign revenue or
administrative laws
6. When foreign law might work undeniable
injustice to the citizens or residents of the
forum
7. When the application of the foreign law would
endanger the vital interests of the state
National interests and security of our
country should not be jeopardized by
foreign laws
8. When the case involves real or personal
property located in our country
We apply lex situs / lex rei sitae ito all
properties

CHAPTER THREE:
THEORIES THAT JUSTIFY THE APPLICATION
OF FOREIGN LAW
THEORY OF COMITY no foreign law is allowed
to operate in another state except by the comity
of nations; the reciprocal courtesy which
members of the family of nations owe to one
another
2 KINDS:
1. RECIPROCITY

mutual
respect;
in
consideration to another state (i.e. tax laws, if

certain taxes are not imposed in other

countries, then we cannot impose their taxes
here, too)
2. PERSUASIVENESS
JUDGMENT

OF

FOREIGN

VESTED-RIGHTS THEORY our courts cannot

enforce the foreign law or foreign judgment but
the right/s that have been vested under such law
or judgment.

PURELY INTERNAL
RULE
Governs a domestic
problem, one without
a foreign element
Authorizes,
commands, prohibits
a certain act / mode of
conduct; The question
raised is immediately
solved

Rights once acquired under a foreign law or

judgment should be enforced regardless of where
the suit for its enforcement was filed.
XPN: If the foreign law is against the public policy
of the forum. This also discourages forum
shopping.
Foreign torts should be governed by lex loci
delicti commissi. A right having been created by
the appropriate law, the recognition of its
existence follows everywhere.
THEORY OF LOCAL LAW we apply a foreign
law not because it is foreign, but because our
own law by applying a similar rule, requires us to
do so. The foreign law has become part of our
own internal law.
Ex: Art. 16 (2) NCC requires us to apply the
national law of the deceased in the matter of his
testate / intestate succession.
THEORY OF HARMONY OF LAWS identical or
similar problems should be given identical or
similar solutions thus resulting in harmony of
laws.
Certainty of solutions to the same or similar
problems are of particular importance in areas
where the parties are likely to think in advance of
the legal consequences of their transactions.
Ex: Transactions involving real property should be
governed by the lex situs, in the interest of
certainty and uniformity of result.
THEORY OF JUSTICE proper foreign law should
be applied in order to attain objective.
The defect of this theory, however, is that
different persons may have different ideas of
what is just.

CHAPTER FOUR:
NATURE AND COMPOSITION OF CONFLICTS
RULES
PURELY INTERNAL PROVISION OF LAW VS.
CONFLICTS RULE:

Ex: Art 796 all

persons who are not
expressly
prohibited
by law may make a
will

CONFLICTS RULE
Whether to apply the
internal law or foreign
law
Usually expressed in
the
form
of
an
abstract
proposition
that a given legal
question is governed
by the law of a
particular country, to
be ascertained in the
manner indicated by
the provision
Ex: Art 16 real
property as well as
personal property is
subject to the law of
the country where it is
situated

KINDS OF CONFLICTS RULE:

1. ONE-SIDED RULE (indicates when PH law will
apply; these laws only apply to Filipinos)
Art. 15 laws relating to family rights and
duties
Art. 818 2 or more persons cannot make
a joint will
2. ALL-SIDED
/
MULTILATERAL
RULE
(indicates whether to apply the local / proper
foreign law)
Art. 16 (1) real property as well as
personal property is subject to the law of
the country where it is situated
Art. 17 (1) 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.
PARTS OF CONFLICTS RULE:
1. Factual situation set of facts or situation
presenting a conflicts problem because there
is a foreign element involved
States certain operative facts, legal
consequences of which are determined in
the 2nd part
This part RAISES
2. The point of contact or connecting factor the
law of the country with which the factual
situation is most intimately connected
This part ANSWERS or solves a legal
question