CHAPTER ONE:

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

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

Transactions
Involved

Nature
Remedies

PUBLIC
INTERNATIONAL
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.

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 is rendered, or else this would
be a clear case of waiver

SERVICE BY PUBLICATION

CHAPTER TWO:

In actions:

JURISDICTION & CHOICE OF LAW

A. IN REM
B. QUASI IN REM
C. INVOLVES PERSONAL STATUS OF THE PLAINTIFF

HOW TO DEAL WITH A PROBLEM IN COL:

EXTRATERRITORIAL SERVICE:

CASE
No JD

DISMISSAL

(Determined by
Law of the Forum)

Assume
JD

Proper
Internal
Foreign
THREE KINDSLaw
OF JURISDICTION: Law

1.
Has JD

Forum Non
Conveniens

DISMISSAL

2.

3.

When D does not reside and is not found in the PH;

actions affects personal status of the P
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
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

GR: Foreign law cannot be applied and the courts should

instead apply the domestic law.
XPNs:

HOW: By leave of court

1.

1.
2.

2.

3.

By personal service
By publication, but copy of summons and order of
court must be sent by registered mail to the Ds last
known address
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.
2.
3.
4.
5.
6.
7.
8.

Evidence and witnesses may not be readily available

in the forum
Court dockets may already be clogged
To curb the evils of forum shopping
Forum has no particular interest in the case
Belief that matter can be better tried and decided in
another JD
Other courts are open and the case may be tried in
said courts
Inadequacy of the local judicial machinery for
effectuating the right sought to be enforced by the P
Difficulty in ascertaining the foreign law applicable

3 INSTANCES WHEN FORUM HAS TO APPLY INTERNAL

LAW:
1.
2.

3.

When the law of forum expressly provides in its

conflict rules
When the proper foreign law has not been properly
pleaded and proved courts cannot take judicial
notice of foreign laws
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.
2.

Official publication
Copy of the law attested by officer having legal
custody of the record

3.

4.

5.

6.
7.

8.

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 OF FOREIGN JUDGMENT

If the law is UNWRITTEN:

1.
2.

Oral testimony of expert witnesses

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.

When the application of the foreign law would be in

conflict to the sound and established public policy of
the forum
When foreign law is contrary to the almost universally
conceded principles of morality
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
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
When law is purely fiscal
Not bound to enforce foreign revenue or
administrative laws
When foreign law might work undeniable injustice to
the citizens or residents of the forum
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
When the case involves real or personal property
located in our country
We apply lex situs / lex rei sitae ito all properties

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.
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:
PURELY INTERNAL RULE

CONFLICTS 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

Whether to apply the

internal law or foreign law

Ex: Art 796 all persons

who are not expressly
prohibited by law may
make a will

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