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CONFLICTS OF LAW
B.
Definition
International
Public
Private
Internation
International
al Law
Law
Principally governs Principally governs
states
in
their individuals in their
relationships
private transactions
amongst
which involves
a
themselves
foreign element
As to sources of law:
Codified in Art. 38 Generally
derived
of the Statute of from the internal
International Court law of each state
of Justice
and
not
from
any
international
law
extraneous
to
As to persons involved:
Governs
only
Governs individuals
states and
or corporations
internationallyAs to transactions:
Involves state-toRelates
to
private
II. or
governmentof
of Laws
to-Conflict
government
matters
As
to remedies:
In case of violation,
Roman
Law
a A.
state
may resort
to
1) diplomatic protest
2) peaceful means of
settlement
(diplomatic
negotiations,
arbitration
or conciliation)
3) adjudication by filing
a
case
before
international
tribunals
4) use force short of
C.
transactions
All
the
remedies
are
provided
by
municipal laws of
the state, such as
resort to courts or
administrative
tribunals
Ius gentium
followed
the
person
even
outside
the
domicile
and
governed
questions on personal status,
capacity and movables
c. mixed contracts, if entered
into by the different nationals
th
century, France
Charles
Dumoulin advocated a
method to determine what law would
govern contracts between different
nationals
16
Netherlands
Comitas
Gentium
was
readily
accepted
because
of
increasing
international transactions.
Ius Commune, applied by Italian and
th
19
Century
Pascuale Mancini
B.
Modern Developments
Neo-Statutists
Internationalists
- there should be a single body
of
rules
that
can
solve
problems involving a foreign
element
Territorialists
- law of the State applies to
persons and things within the
State, therefore, no foreign law
is applied.
- Branch: only rights vested or
acquired under foreign law are
recognized in the forum but not
foreign law itself
1969
nd
-2
Restatement of Conflict of
Laws, adopted by American
Law Institute under
Prof.
William Reese, proposed
that in the absence of statutory
law, law to be applied in Conflict
case, is the law of the most
significant relationship.
3.
4.
5.
6.
B.
Treaties
and
International Conventions
Personal status
Distinguished
American
and
English
writers, on the other hand, include Beale,
Cavers, Cheatham, Currie, Ehrenzweig,
Goodrich, Gussbaum, Story, Wharton,
Cheshire, Graveson.
A.
IV.
of
Judicial
D. Judicial decisions
PART
TWO:
JURISDICTION
CHOICE OF LAW
Basis of Exercise
Jurisdiction
AND
Jurisdiction
on
1. Jurisdiction
the Person
over
Gemperle vs.
Schenker
(1967)
FACTS: Paul
Schenker (Swiss citizen
and resident) filed a complaint against
Gemperle through his wife Helen
Schenker,
for
enforcement
of
subscription
to
shares
of
stock.
Gemperle filed a suit against Paul for
damages, saying that Paul caused
allegations to be published attacking
Quasi
Jurisdiction:
1) over the person
a) voluntary appearance
b) submission to authority
is
within
the
exception:
2. Jurisdiction
over
the Property
Pennoyer vs.
Nef (1878)
FACTS: Neff, a California resident,
owned land in Oregon which was sold
under a Sheriffs deed to satisfy a
money judgment against him. The
service of summons was made by
publication. He is suing for recovery of
said land, alleging that the sale was
invalid for lack of JD of the Oregon court
over him.
HELD:
Substituted
services
by
publication, or in any other authorized
form, may be sufficient to inform
parties of the object of the proceedings
taken where property is once brought
under the control of the court by
seizure or some equivalent act to any
proceedings authorized by law upon
such seizure for its condemnation and
sale.
But where the entire object of the
action is to determine the personal
rights and obligations of defendants,
that is, where the suit is merely in
personam, constructive service in this
form upon a non-resident is ineffectual
for any purpose.
soliciting orders
were not
and
nothing
more,
in personam.
Long-Arm Statutes
Long-arm statutes specify the kinds of
contacts upon which JD will be asserted.
Some long-arm statutes broadly authorize
courts to assert JD in any case not
inconsistent with the Constitution, leaving
it to the court to define its limitations on a
case-by-case basis.
3. Jurisdiction
over
the Subject-matter
Subject-matter JD is allocated among the
courts by constitutional and statutory laws,
according to the nature of the controversy,
thereby determining the competence of
the court to try and decide a case.
It is not enough that a court has a
power in abstract to try and decide the
case; it is necessary that said power be
properly invoked xxx by filing a petition.
Subject-matter JD cannot be conferred by
consent of the parties.
B.
Presence/Jurisdiction:
1) Traditional Views
a) Pennoyer
physical presence
2) Modern Views
a)
b)
c)
actual
disregards
strict distinction between
in rem and in personam
Shaffer
minimum
contacts
between
the
properties
and forum;
fundamental fairness test
Ways
of
Dealing
Conflicts Problem
with
2) assuming
jurisdiction
and
applying either forum or foreign
law
or
of
In re: Union
Carbide (1986)
FACTS: An industrial disaster in a
chemical plant of Union Carbide in
Bhopal,
India caused deaths and
injuries to a number of residents. India
enacted the Bhopal Gas Leak Disaster
Act, which authorized the government
(Union of India) to represent the
victims. The UOI filed a complaint in
NY in behalf of the victims. Union
carbide moved to dismiss on the
ground of forum non conveniens.
HELD: Indian courts have JD, not US
courts. Even if UCC has domicile in the
US, this loses significance because it
gave its consent to
Indian JD.
Moreover, the findings of the court
show that the proof bearing on the
issues to be tried is almost entirely
located in India (principal witnesses
and documents, detailed
designs,
implementation
of
plans,
safety
precautions, etc.).
Wing On Company vs.
Syyap (1967)
FACTS: Syyap failed pay Wing On, a NYbased partnership, its obligation for a
contract
of
purchase
of
clothing
material. Wing On filed an action in
the Philippines against Syyap, but
Syyap contends that the trial court
should have declined JD on the ground
of forum non conveniens.
HELD:
Forum
non
conveniens is
inapplicable. Unless the balance is
strongly in favor of the defendant, the
plaintiffs choice of forum should be
rarely disturbed, and furthermore, the
consideration of inadequacy to enforce
the judgment, which is one of the
important factors to be considered in
the application of said principle, would
precisely constitute a problem to the
plaintiff if the local courts decline to
assume JD on the basis of said
principle, considering that defendant is a
resident of the Philippines.
There is no existing catalogue of
circumstances that will justify sustaining
a plea of forum non conveniens but, in
general,
both
public
and
private
interests should be weighed.
When the forum is the only state where
JD can be
obtained
over
the
defendant and, in
2. Assume Jurisdiction
When the court assumes JD, it may apply
forum law or foreign law, although forum
law should be applied whenever there is
good reason to do so because the forum
law is the basic law.
Factors which justify the application of
internal law:
Example:
prohibitory
or
mandatory laws of the forum
to
of
in
or
f)
Choice of Law
A. The
Correlation
between
Jurisdiction and Choice of Law
1) The
factors
that
justify
exercise of judicial jurisdiction
maybe the same factors used
to determine choice of law
1. Traditional Approaches
-
theories
simplicity,
uniformity
that
emphasize
convenience
and
st
the
last act necessary to complete
the cause of action. (place of injury)
c.
-
Cavers
Principles
of Preference
2. Modern Approaches
a. Place of the Most
Significant Relationship
-identifies a plurality of factors:
i.
needs of the interstate and
intl system
ii.
relevant policies of
the concerned states
iii.
relevant policies of
other interested states
iv.
protection
of
justified expectations of
the parties
v.
basic policies underlying
the particular field of law
vi.
certainty, predictability
and uniformity of result
vii.
ease in the determination
and application of law to be
applied
Examples of application:
i.
ii.
not
binding.
Bs
agreement bars suit.
defense:
Illinois
evaluate
the
relative
significance/importance of each contact
such that court may use approach to
support any preconceived result without
explaining its real motives.
b. Interest Analysis
-
c.
-
Comparative Impairment
subordination
of
the
state
objective which would be least
impaired
How?
Court
should
weigh
conflicting interests and apply the
law of the state whose interest
would be more impaired if its laws
were not followed
d. Trautmans
Analysis
-
Functional
e. Leflars
ChoiceInfluencing Considerations
5 major choice-influencing
considerations
1) predictability of results
2) maintenance of interstate and
intl
order
3) simplification of the judicial
task
4) application of the better
rule of law
5) advancement of the
forums
governmental interest
court should prefer a law that
make good socioeconomic sense
and are sound in view of present
day conditions
Criticism:
no
principled
or
objective standard to determine
better rule.
Single-aspect
theories
the
traditionally
concentrated
on
law of the
Subject-matter
Characterization
previous
property
husband.
to
husband,
community
belongs
absolutely
to
2.
Substance-Procedure
Dichotomy
forum
law
to
matters
of
Grant vs.
Mcaulife
(1953)
FACTS:
Plaintiffs,
Grant,
et
al.,
(California residents) were injured in
Arizona when their vehicle collided with
that of Pullens (California resident),
who died of accident. The suit against
estate of Pullen filed by Grant to recover
damages was dismissed because under
Arizona law- a tort action not
commenced before the death of the
No
objective
standard
has
been
suggested. An attempt to explain the
court decision in terms of
demands of justice or social policy
would
create uncertainty & arouse
criticism.
Procedural issues are governed by forum
law so that the court will not be unduly
burdened by task of studying peculiarities
of another legal system. It must be
noted, though, that some matters cannot
be clearly defined as procedural or
substantive.
Two
Issues whose classification
(as
procedural or substantive) is debatable:
1) Statute of Frauds
It is considered substantive if words of law
relate to forbidding the creation of
obligation.
One
that
forbids
the
enforcement
of
the
obligation
is
characterized as procedural
Borrowing statutes
Purpose: Many states, the Philippines
among others, have passed borrowing
statutes to eliminate forum-shopping.
However, in the case of Cadalin, the
court said that to enforce the borrowed
statute would contravene public policy on
protection of labor.
Merits of Depecage:
This technique allows other relevant
interests of parties to be addressed. Thus,
it permits courts to arrive at a functionally
sound
result
w/out
rejecting
the
methodology of the traditional approach.
This
nuanced
single-aspect
employs depecage by choice.
method
g.
VII.
Definition
1969
Restatement
2d
adopted
in
choosing
the
a.
b.
c.
relevant
policies
of
other
interested states & the relative
interests of those states in the
determination of a particular issue
d.
protection
of
the
justified
expectations of the parties
e.
f.
certainty, predictability,
uniformity of results, and
Renvoi:
State
A
(RP)
Art.
16
CC
State B
Internal
law
Conflictof- laws
rule
the
same
result
as
the
acceptance of the renvoi doctrine
but the process used by the forum
court is to desist applying the
foreign law.
inextricabilis.
C. Usefulness of Renvoi
Renvoi has been used to avoid unjust
results.
Objections to Renvoi
Critics:
1) renvoi would place the court in
a
perpetually-enclosed circle form
which it would never emerge and
that it would never find a suitable
body of substantive rules to apply
to
a
particular
case.
The
theoretical problem presented is
that renvoi is workable only if
one of the states rejects it and
that it achieves harmony of
decisions
only
if
the states
concerned do not agree on
applying it the same way.
Griswold: the objection is based on a
false premise; as long as remission is to
the states internal law alone there will
be a stop to the
endless chain of reference.
2) Courts
may
be
unnecessarily
burdened
with
the
task
of
identifying the choice- of-law rules
of another state.
Pangalangan:
from
a
practical
perspective, the forum court will not use
renvoi if, in the first place, it cannot
ascertain what the conflict-of-law rules of
the foreign state are.
applicable,
VIII.
1.
2.
proved
by
inability
to
2.
3.
The
applicable
tort
principles
necessary to establish plaintiffs
claim are not rudimentary. In
countries where common law does
not prevail, these principles may not
exist or maybe vastly different.
Second
approach:
conclude that
application.
Zalamea vs.
CA (1993)
FACTS:
Zalamea
filed
action
for
damages against TWA. RTC awarded
actual and moral damages. CA denied
award of
moral damages because
there was no fining of bad faith and
because overbooking was an allowed
practice in US airlines.
HELD: CA was wrong. The US law or
regulation authorizing overbooking was
not proved in accordance with our laws.
C. Exceptions to the
Application of Foreign Law
1) The foreign law is contrary to
an important public policy of the
forum
2) The foreign law is procedural in
nature
3) Issues are related to property (lex
situs)
4) The issue involved in the
enforcement of foreign claim is
fiscal or administrative
5) Foreign law or judgment is
contrary to Good Morals
6) The application of Foreign law will
work Undeniable Injustice to the
Citizens of the Forum
7) The Foreign law is Penal in
Character
8) The application of the Foreign law
might endanger the Vital Interests
of the State
These exceptions fall under 3 main
categories: 1: when local law
expressly so provides
1. The
foreign
law
is
contrary to an important
public policy of the forum
public policy: no subject or citizen can
lawfully commit any act which has a
tendency to be injurious to the public or
against the public good.
public policy technique: court declines
to give due course to a claim existing
under a foreign law because it considers
the nature of the claim unconscionable
or its enforcement will violate a
fundamental principle of justice, good
morals or some deep-rooted tradition.
dismissal on the ground of public policy
is not dismissal on the merits and
plaintiff can go elsewhere to file his
claim.
2. The
foreign
law
procedural in nature
is
3. Issues
are related
property (lex situs)
to
6. The
application
of
Foreign law will work
Undeniable Injustice to
the Citizens of the Forum
IX. Nationality
A. Importance of a Personal Law
The individuals nationality or domicile
serves as permanent connection b/w
individual & state. Thus, what is assigned
him is a personal law allowing courts to
exercise jd or determine the governing
choice-of-law rule on a specific situation or
transaction involving him.
Personal law follows the individual. It
governs transactions affecting him most
(marriage, divorce, legitimacy, capacity to
contract).
Merits
&
Demerits
of
Nationality
as
Determination of Nationality
Who
are
Filipino
citizens?
(Philippine
Demerits:
1) Problems arise with regard to:
a. stateless persons
b. persons with multiple nationalities
c. states w/ diverse legal systems having
no single national law
2) a persons ties to his nation may
be so attenuated if he has lived
in another country.
- unreasonable for his national
law to govern him if he has no
shared sense of identity.
1) Those
who
are
citizens
of
Philippines at time of the adoption
of this Constitution
2) Those whose fathers or mothers
are citizens of the Philippines
3) Those born before January 17,
1973, of Filipino mothers, who
elect Philippine citizenship upon
reaching the age of majority; and
4) Those who are
accordance w/ law
naturalized
in
1. Natural-born Citizens
Importance of Nationality in the Philippines
Most civil law countries
national law theory.
follow
the
Talaroc vs.
Uy (1952)
FACTS: Uy was elected mayor of
Manticao, but one of the defeated
candidates filed a petition for quo
warranto, alleging that Uy was a
Chinese citizen and therefore ineligible
for the office.
HELD: Uy is a Filipino citizen, following
the citizenship of his mother, who
reacquired her Filipino citizenship upon
the death of her Spanish husband. A
wife reverts to her former status upon
dissolution of the marriage by the death
of her husband, and where the widowed
mother herself thus reacquired her
former nationality, her children (she
being their natural guardian) should
follow her nationality with the proviso
that they may elect for themselves upon
reaching majority.
Co vs. Electoral Tribunal of the
House of Representatives
(1991)
FACTS: Ong Jr. ran as representative of
the 2nd district of Samar and was
proclaimed the winner. The losing
candidates
filed
election
protests,
claiming that Ong Jr. was not a naturalborn citizen.
HELD: Ong Jr. is a natural-born Filipino.
He could not have been expected to
have formally or in writing elected
citizenship upon reaching majority,
because he was already a citizen. His
mother was a natural-born citizen, and
his father was naturalized when Ong Jr.
was only 9 years old. The filing of a
sworn statement or formal declaration
is a requirement for those who still
have to elect citizenship. For those
already Filipinos when the time to elect
came up, there are acts of deliberate
choice which cannot be less binding.
Election is both a formal and an
informal process, and it has been held
that participation in election exercises
constitute a positive act of election of
Philippine citizenship.
2. Citizens by
Naturalization
Naturalization confers to an alien a
nationality after birth by any means
provided by the law.
In the Philippines, naturalization is by
judicial
method, under CA 473, as
amended RA 530.
The naturalization process was relaxed
under Marcos regime. Liberal method,
summary inquiry. This, however, is no
longer in force.
Qualifications
Naturalization
for
Applicants
for
Why the 10 yr
residence requirement?
So
government
can
observe
applicants
conduct
&
ensure
he
imbibes principles & spirit
of our Constitution.
o
a)
government as well as
community in w/c he is living
w/
the
How
to
prove
irreproachable conduct?
By
competent
evidence
such as testimony of
2 character witnesses well
known in community w/
high reputation for probity.
Substantial gainful
or
the obtaining
receipts
lucrative
employment
of tangible
employment:
Requirement of ownership of
real property:
At odds w/ Art
XII, Sec.
7 Phil Constitution: Save in
cases of hereditary succession,
no private lands shall be
transferred
or
conveyed
except to individuals qualified
to acquire or hold lands of the
public domain.
Exceptions to prohibition
on ownership of land:
Compliance
&
affirmative
showingotherwise, denied.
Non-compliance
because
insufficient finances: denied.
of
are
the
steps
for
a) a declaration of intention to
become a citizen must first be
filed, unless the applicant is
exempted from this requirement
(Secs. 5 and 6, Com. Act No.
473).
b) The petition for naturalization must
then be filed (Sec. 8, Com Act No.
473)
c)
Official
general
will be
No. 473
Constitution
and
Declaration of Intention
When: One year before petition is
filed With whom: File with office of
the Solicitor
General
How: Declaration under oath of bona
fide intention to become Philippine citizen
Exemptions
Intention:
to
Filing
of
Declaration
of
Requirement
is
mandatory,
absolute
prerequisite to naturalization. Failure is
fatal. Void for noncompliance with law.
Watt
residence
for 10
years
in
the
Philippines (actual stay: Oct. 16 60
June 62)
No
Judicial
Citizenship
Declaration
of
Philippine
judicial
of an
countries
Frivaldo vs.
COMELEC
(1989)
FACTS: Frivaldo was elected governor of
Sorsogon and assumed office. The
League of Municipalities of Sorsogon
filed for annulment of his election on
the ground that he is a US citizen and
therefor incapable of
holding public
office. Frivaldo admitted that he was a
naturalized US citizen in 1983 but he
underwent naturalization only to protect
himself from then Pres. Marcos. Sol
Gen supported respondents contention
that he is a US citizen because he did
not
repatriate
himself after his
naturalization in the US
HELD:
Frivaldo
lost
his
Filipino
citizenship. If Frivaldo really wanted to
disavow his US citizen citizenship &
reacquire Phil. citizenship, he must do
so under our laws. Under CA 63, Phil.
citizenship may be reacquired through:
1. direct act of Congress
2. naturalization
3. repatriation
The alleged forfeiture of US citizenship
because of his active participation in
the elections is between him and the
US; it could not have resulted to
automatically
restoring his Filipino
citizenship which he earlier renounced.
At most, he could be said to be a
stateless individual. Also, although the
Special Committee to hear repatriation
Frivaldo vs.
COMELEC (1996)
FACTS: Frivaldo
took
his oath of
allegiance under PD 725 on June 30
95, much later than he filed his
certificate of candidacy. He now
claims Filipino citizenship through a
valid repatriation
Labo vs.
COMELEC
(1989)
FACTS: Labo was elected mayor of
Baguio. Lardizabal filed a petition for
quo warranto alleging that Labo is not
a citizen.COMELEC declared that he
was a citizen but the CID ruled that he
2) Express renunciation of
citizenship
to, or
in, the
foreign
certain
a) if
it
shown
that
said
naturalization
certificate
was
obtained fraudulently or illegally;
1. Dual or Multiple
Citizenship
Each state determines who its nationals
are in accordance w/ the rule in the
Hague Convention on Conflict of National
Laws.
Questions on WON a person possesses
the nationality of a certain state are to be
determined in accordance w/ the states
internal law.
It is possible that a person can be
claimed as national of 2 or more states.
Situations w/c may result to dual
nationality: Application of jus soli & jus
sanguinis
1) Child born of
o parents who are nationals
of country applying jus
sanguinis
soli
has dual nationality
Nottebohm
Case (1955)
FACTS: Liechtenstein brought a case
against Guatemala in the ICJ for
breach
of
its
obligations under
international law and asking
for
reparations in behalf of Nottebohm. It
is the position of Liechtenstein that
Nottebohm
acquired
Liechtenstein
citizenship which would entitle him to
its diplomatic protection.
HELD: Liechtenstein is not entitled to
extend
protection
to
Nottebohm,
because
when
N
applied
for
naturalization, there is nothing to
indicate that such application was
motivated by any desire to dissociate
himself from the Government of his
country, Germany. He had been settled
in Guatemala for 34 years, and it was
the main seat of his interests and
business activities.
In contrast, his actual connections
with Liechtenstein were extremely
1) as punishment or
2) as discriminatory instrument for
political, religious or ethnic reasons
Major
its
its
be
Conventions to Alleviate
Stateless Persons:
Problems
of
prohibits states
depriving nationals of identity:
Convention
also
from
X. Domicile
A. Definition
Municipal law concept of domicile (Art. 50,
CC):
Conflict-of-laws
definition
of
domicile
(Restatement): the place with which a
person has a settled connection for
certain legal purposes, either because his
home is there or because that place is
assigned to him by law.
Justice Story: the place of true, fixed
permanent
home
and
principal
establishment, and to which, whenever he
is absent, he has the intention of
returning.
A person may live in a place where he
is not domiciled. To acquire a domicile,
there must be concurrence of
1) intention to make it ones domicile and
2) physical presence.
Residence
simply
requires
bodily
presence. It is
a
relatively
more
permanent abode of a person, while
residence applies to a temporary stay of a
person in a given place (Koh vs. CA).
Habitual
residence:
bridge
between residence and domicile
Caasi vs.
CA (1990)
FACTS: Miguel ran for mayor of Bolinao
and won. His opponent filed a petition
for disqualification, alleging that Miguel
is a green card holder and hence, a
Merits:
1) preferred
primary
connection
between a person and a state
because it satisfies the very
purpose for having a personal law
(in common law countries) it
provides an adequate basis for
him to exercise rights therein and
the state to impose duties on him
2) also suitable for countries with a
federal system of government
the law of the domicile is the law
of the place where the individual
lives
Demerits:
1) ones domicile is not ascertainable
without first resorting to the
courts to establish whether or not
there is animo manendi
2) A
person
cannot
have
two
simultaneous domiciles (a person
can have only one domicile for a
given purpose or a given time
under the law of a particular state,
but it should not be assumed that
that determination will be binding
on other states or on the same
state for other purposes).
3) Domicile establishes a connection
between
a
person
and
a
particular territorial unit.
4) The burden of proving a change of
domicile is upon whoever alleges
that a change has been secured.
Romualdez-Marcos vs.
COMELEC (1995)
FACTS:
Imelda
Marcos
filed
her
Certificate
of
Candidacy
for
representative of 1st District of Leyte. A
petition to disqualify her was filed on the
ground that she lacked the 1-yr
resident requirement as provided for in
the Constitution. In her COC, she
placed 7 months as length of
residence.
HELD: For purposes of election law,
residence is synonymous with domicile.
Mere absence of an individual from his
permanent
residence without the
intention to abandon it does not result
in a loss or change of domicile.
While Marcos held various residences
for different purposes during the past
four decades, none of these purposes
unequivocally point to an intention to
abandon her domicile of origin in
Tacloban, Leyte. She did not lose her
domicile of origin upon her marriage to
Pres. Marcos; what she gained was
actual residence.
Ujano vs.
Republic (1966)
FACTS: Ujano was a naturalized
US
citizen who returned to the Philippines
as a visitor and petitioned to reacquire
Philippine citizenship. The petition was
denied because he did not have the
required residence.
HELD: Residence, for naturalization
purposes, has been interpreted to mean
the actual or constructive permanent
Reverter
or
revival
doctrine:
presumption that domicile of origin
revived once the domicile of choice is
given up, before a new one is required.
Velilla vs.
Posadas (1935)
automatically
changes
when
their
fathers domicile changes. Minors take
the domicile of their mother upon the
death of their father.
A person who has a mental disability is also
assigned a constructive domicile. It is
presumed that a person with a mental
disability cannot acquire a domicile of
choice because of his inherent inability to
decide where to make his home.
Caraballo vs.
Republic
(1962)
FACTS: Caraballo, an American staff
sergeant in the US Air Force stationed in
Clark Air Base, filed a petition for
adoption of a Filipino child. The petition
was denied on the ground that he was
not qualified to adopt, him being a nonresident alien.
HELD: Actual or physical presence or stay
of a person in a place, not of his free and
voluntary choice and without intent to
remain there indefinitely, does not
make him a resident of the place.
Caraballo
is disqualified
to
adopt
because he is a non-resident alien. His
stay in
the
Philippines
is
only
temporary, and is merely the result of
his assignment as staff sergeant.
In recent decisions, courts have held that
a person under compulsion should not be
barred from proving that he has developed
the required unqualified intention to
establish his permanent abode in such
place. The fact of compulsion is reduced
to just one of the factors in determining
whether intent, in fact, exists.
there
is
Recto vs.
Harden (1959)
FACTS: H engaged the services of R,
as counsel in her suit against her
husband
for
support
and
for
preservation of her rights in the
conjugal partnership in contemplation of
a divorce suit. However, the spouses
entered into a compromise agreement
to defeat the claim of R in attorneys
fees. H moved to dismiss on the ground
of invalidity of the contract of service
because divorce is contrary to Phil law.
HELD: R should be paid his fees. H
spouses are US citizens and their
status and the dissolution thereof are
governed by the laws of the United
States,
which
sanction
divorce.
Therefore, contract is not contrary to
public policy.
B.
A. Definition
Personal capacity
Legislative
Distinguished
Jurisdiction
Jurisdiction
from
Judicial
effects
Barnuevo vs.
Fuster (1913)
FACTS: Fuster and Yanez separated.
After 10 years, Y filed for divorce on the
ground of Fs adultery. Court granted
decree of divorce. Fuster contests
jurisdiction of the court to issue the said
decree.
HELD: Phil court has jurisdiction. The
authority and jurisdiction of courts are
not a matter of private law of persons
but of the public or political law of the
nation. The jurisdiction of courts and
other matters of
Art. 40, CC
Birth determines personality; but the
conceived child shall be considered born
for all purposes that are favorable to it,
provided it be born later with the
conditions specified in the following
article.
Art. 41, CC
For civil purposes, the fetus is considered
born if it is alive at the time it is
completely delivered from the mothers
womb. However, if the fetus had an intrauterine life of less than 7 months, it is not
deemed born if it dies within 24 hours after
its complete delivery from the maternal
womb
Limjoco
vs.
Intestate
Estate
of
Fragante: HELD: SC ruled that the
estate of a deceased applicant can be
granted a CPC to
avoid injustice or
prejudice
resulting
from
the
impossibility of exercising such legal
rights & fulfilling such legal obligations
of the decedent as survived after his
death unless the legal fiction, that the
estate is considered a person, is
indulged.
D. Absence
2.
3.
*Phil
law
follows
presumption (1).
the
rebuttable
Art. 390, CC
After the absence of 7 years, it being
unknown whether or not the absentee
still lives, he shall be presumed dead
for all purposes, except for those of
succession.
The absentee shall not be presumed dead
for the
purpose
of
opening
his
succession till after the absence of 10
years. If he disappeared after the age of
75 years, an absence of 5 years shall be
sufficient in order that his succession
may be opened.
Art. 391, CC
E.
Name
Age of Majority
Marriage
1. Philippine
Policy
on Marriage and the
Family
Art XV. Sec. 2: Marriage as an inviolable
social institution, is the foundation of the
family & shall be protected by the state.
Presumption of validity: The Philippines
establishes a presumption of validity to
give stability to marriage especially in
Conflicts of Law problems.
Art 220. CC. In case of doubt, all
presumptions favor the solidarity of the
family. Thus every intendment of law or
facts lean toward the validity of marriage,
the indissolubility of marriage bonds,
legitimacy of children, the community of
property during marriage
2. Extrinsic Validity of
Marriage
This is governed by lex loci celebrationis.
Extrinsic validity covers questions on
formalities or external conduct required of
parties for legally valid marriage.
Art 2. Hague Convention on Celebration
& Recognition of Validity of Marriages:
Formal requirements governed by law of
state of celebration.
General rule: All states recognize as valid
marriages celebrated in foreign countries
if the formalities prescribed there were
complied with.
3. Intrinsic Validity of
Marriage
Intrinsic requirements refer to capacity or
general ability of a person to marry, for
instances defined by requirements of age
& parental consent, but it does not refer
clearly to an individuals being permitted
to marry a specific person or person of a
determinate class.
In re Mays
Estate (1920)
FACTS: Fannie is Sams niece by half
blood; they are both Jewish and NY
residents.
NY
prohibits
marriage
between uncle and niece, so they went
to Rhode Island, where such marriage is
also prohibited except where the
parties are Jewish (the Jewish faith allow
such marriages). After the ceremony
they went back to NY to live there.
HELD: The marriage is valid. The legality
of a marriage between persons sui juris
is to be determined by the law of the
place where it is celebrated.
The
general principle is that the
circumstances
showing
legal
capacity to contract marriage
4. Effects of Marriage
Personal Relations between the Spouses
These include mutual support, fidelity,
respect, cohabitation & right of wife to use
husbands family name)
What is the governing law? National law
of parties
If spouses are of different nationalities,
generally, the husbands national law may
prevail as long as it is not contrary to law,
customs, & good morals of the forum.
Art 69 Family Code: Husband & wife
have the right to fix family domicile.
There is
married to
admitted,
permanent
other
a foreigner? It would
governed by Philippine law.
still
be
of
nd:
Restatement 2
The wife who lives w/
her husband has the same domicile as
his unless special circumstances of wife
make such result unreasonable.
But, in Ch VIII on Domicile, some legal
authorities consider the assignment
of
constructive domicile to the wife as
invidious discrimination on basis of gender.
extrinsic validity:
refers
to
formal
requisites, apply lex loci celebrationis
intrinsic validity: refers to essential
requisites, apply personal law of the
parties
B.
1. Divorce decrees
obtained by Filipinos
Divorce decrees obtained abroad have no
validity, not recognized in Philippine
jurisdiction.
BUT a marriage b/w a Filipino & a
foreigner is susceptible to divorce if the
divorce was validly obtained by the alien
spouse (Art 26 par 2).
Effects:
1.
2.
Tenchavez vs.
Escao
(1965)
FACTS:
Vicenta
and
Pastor
were
married without the knowledge of her
parents. Vicenta went to the US to
obtain a divorce, which was granted by
the Nevada Court; she married an
American and subsequently acquired
American
citizenship.
Pastor
sued
Vicenta for
legal
separation
and
damages.
Vicentas defense is that
there was a valid divorce issued by the
Nevada court.
HELD: The divorce decree obtained in
the US is not valid, because at the time
it was issued, Vicenta, like Pastor, was
still a Filipino citizen. She was then
subject to Philippine law. Philippine law
cannot recognize a foreign decree of
absolute
divorce
between
Filipino
citizens, for this would violate declared
public policy.
Van Dorn vs. Romillo
(1985)
FACTS: Van Dorn, a Filipina, married
American Upton. Ten years later they
were divorced in the US; subsequently,
van Dorn remarried. Upton filed an
action against Van Dorn in the
Philippines, asking for an accounting of
certain alleged conjugal properties.
HELD: The divorce decree is valid and
binding upon Upton. Even if divorce is
not valid in the Philippines for being
contrary to public policy, only Philippine
nationals are covered by the policy
against absolute divorces. Aliens may
obtain divorces abroad, which may be
recognized in the Philippines provided
valid according to their national law.
The
2.
of
ground
Nullity
occur
s
marriag
e
defect
Based on
s time
present
celebrationis
o
Note that in either traditional or policycentered approaches, lex fori is not used;
recall that lex fori can be used in divorce.
adequate
a conflicts
D. Parental Relations
What law determines legitimacy of a
child? Personal law of parents - either
domicile or nationality.
Most countries: fathers personal
law German law: law of head of
family
Law on parental relations include:
o Paternity
o Filiation
What law governs legitimacy of child in
the Philippines? National law of the parents.
If parents are of different nationality:
national law of father is controlling.
In the PHILIPPINES:
o
Legitimacy
of
the
child
determined by the national law
of the father if both parents are
not Filipino.
Art. 211
FC: Reference to
fathers personal law may result in
joint exercise of parental authority
Art. 176 FC: Personal law could
grant parental authority to mother
of illegitimate children
Adoption
Effects Of Adoption
2) Other requirements:
a) certification of legal
capacity
b) certification that the State
law would allow entry of
the adoptee as an adopted
child of the adopter.
These other requirements may be waived
if the adoptee is related by consanguinity
or affinity to the
o adopter, or
o his/ her spouse as specified by
law.
RA 8043:
Before this, adoption of Filipino children
by foreigners was done pursuant to Rules &
Regulations
on
Foreign
Adoption
&
bilateral agreements.
RA 8043 regulate the adoption of Filipino
children by
o aliens, or
o Filipino
citizens
permanently residing abroad.
RA 8043 was passed in compliance with
our treaty obligation as a signatory to
the Hague Convention on Protection of
Children & Cooperation In Respect of
Intercountry Adoption.
Convention pursues modern concept of
adoption: After possibilities of adoption
for placement of child within state of
origin have been exhausted, intercountry
adoptions may be placed in the best
interest of the child.
XIII.
Immovables:
by
be
lex
law
Lex
B.
Capacity to Transfer or
Acquire
Property
which
is
not
forbidden
in
the
Constitution. The only instance where a
lease contract may be considered
invalid is where there are circumstances
attendant to its execution which are
used as a scheme to circumvent the
constitutional prohibition.
Cheesman vs.
IAC (1991)
FACTS: Thomas Cheesman (an American)
was married to a Filipina, Criselda. The
spouses later separated; but Thomas
brought this action to annul the sale of
real property made by Criselda in favor
of Padilla. He alleged that the sale is
void for lack of his consent. The
property sold was bought by Criselda
using her personal funds, and was
registered in her name only.
HELD: The sale was valid. He has no
capacity to question the sale of the
property by his wife on the theory that
in doing so he is merely exercising the
prerogative of a husband in respect of
conjugal property. This would permit
indirect
controversion
of
the
constitutional prohibition. If the property
were to be declared conjugal, this
would accord to the alien husband an
interest and right over the land, which
is not granted to him under the
Constitution.
C. Extrinsic and Intrinsic Validity
of Conveyances
contract
to
1) where
or intestate
succession
and capacity to succeed, which are
Liljedahl vs.
Glassgow
(1921)
FACTS: Bailey secured a debt payable in
Iowa to Liljedahl; as security, he
mortgaged his land in Colorado. Bailey
sold this land to Glassgow, with the
provision in the deed of sale that the
grantee agrees to pay the mortgagee.
Glassgow sold the land to a third party.
Under Iowa law, Glassgow became
bound to pay the mortgage, but not
under Colorado law.
E.
1. Situs of Personal
Property for Tax
Purposes
The maxim mobilia sequuntur personam
cannot be applied to limit the right of the
state to tax property within its JD. It
yields to established facts of legal
ownership, actual presence, and control
elsewhere, and cannot be applied if it
would result in inescapable and patent
injustice.
2. Situs of Money
Leon vs. Manufacturers Life Insurance:
having been endorsed in an annuity in
Canada under a contract executed in that
country, Canada was the situs of the
money, hence the probate court of Manila
has no JD over the funds.
3. Situs of Debts
2 Kinds of Movable Property:
1) choses in possession
embraces all types of tangible
physical objects
2) choses in action refers to
intangible objects
a) mere rights of actions
b) rights represented by a
document
(capable
of
delivery and susceptible to
negotiation as a separate
legal entity)
4. Situs of Corporate
Shares of Stocks
Under the Corporation Code (Sec. 63),
shares of stock are personal property and
may be transferred by delivery of the
certificate or certificates indorsed by the
owner or his attorney in fact. But such
transfer shall not be valid until recorded
in the books of the corporation in the
manner provided.
F.
Contracts Involving a
Foreign Element
B.
Art 17, CC
ease
place
in
of
b) in applying it consistently,
certainty and stability are
achieved.
Disadvantage: it will lead to unjust results
when the place of making is entirely
incidental
or
casual
and
has
no
significant relationship with the contract
or its performance.
of performance
non-
and
valid
excuses
for
Art 1306, CC
The contracting parties may establish
such stipulations, clauses, terms and
conditions
as
they
may
deem
convenient, provided that they are not
contrary to law, morals, good customs,
public order or public policy.
Art, 1370, CC
If the terms of the contract are clear and
leave no doubt upon the intention of the
contracting
of
the
5.
it
would
be
unreasonable to
agreement
unfair
enforce
or
the
2. Contracts with
Arbitration Clause
Puromines vs CA
((1993)
FACTS: Puromines and Philip Bros.
entered into a contract of sale with an
arbitration clause. Puromines filed for
complaint in RTC, Manila. Philip Bros.
filed a MTD on the basis of an
arbitration clause.
HELD: Arbitration clause is valid.
Puromines derives its right from the bill
of lading together with the sales
contract & it is bound by the
provisions and terms of the bill of lading
and
of
the
arbitration
clause
incorporated in the sales contract.
The courts will look with favor upon such
amicable settlements (arbitration) and
will only interfere with great reluctance
Specific
Instances
where
disregarded the adhesion contract:
court
4. Special Contracts
a.
b.
Contracts
for
Transportation
International
d.
e.
Air
Minnesota
3. place of business where contract is
made San Francisco
4. place of destination San Francisco
(not Manila because it was merely
an agreed stopping place, SF is still
the ultimate place of destination
F.
place of contracting
place of negotiating of the contract
place of performance
situs of the subject matter of the
contract
domicile, residence, nationality, place
of incorporation and place of business
6.
4) in case of confession-of-judgment
clauses (waives the debtors right
to receive notice or authorizes
entry of judgment)
will
the
be.
the
celebrationis.
o
o
lex domicilii
lex loci celebrationis
Article
In re Estate of
Johnson
(1918)
FACTS: Ebba Ingeborg sought to annul
the probate of the will of his father
Emil Johnson, because the resulting
intestacy would be favorable to her as
2)
3)
4)
will
of
the
no
of
Merits:
o
o
o
o
simple
convenient
does not require
notarization
guarantees absolute
secrecy
Demerits:
o
o
peculiarly dangerous
an invitation to forgery
Miciano
Cayetano vs.
Leonidas
(1984)
FACTS: Upon the death of Adoracion
Campos, her father Hermogenes sought
to be declared as owner of the entire
estate as the only compulsory heir. On
the other hand, Nenita Paguia (one of
Adoracions
sisters)
sought
the
reprobate of the will executed by
Adoracion in the US. When the trial
court allowed probate of the will in the
Philippines, Hermogenes raised in issue
that the allowance of the will to probate
divested him of his legitime, because
the will preterited him.
HELD: Since the governing law with
respect to the amount of successional
rights is the national law of the
decedent,
the
governing
law
of
Adoracions will is Pennsylvania law.
C. Interpretation of Wills
Interpretation of wills is to be governed
by lex nationalii.
If terms are clear & unambiguous: lex
intentionis
acts shall
(1282)
be
principally
considered.
the
place
law
Probate
Philippine law:
revocation.
E.
of
Rule 77
Section 1. Will proved outside Philippines
may be allowed here. Wills proved and
allowed in a
to the laws
allowed, filed,
Court of First
For
non-domiciliary:
the
governing law is the law where
the will was executed (lex loci
celebrationis)
movable property
F.
Administration of Estates
over
assets
administration situs of
property (territorial/JDal)
G. Trusts
Trust:
Tort: derived
torquere or
from
the
French
word
XVI.
A.
Policies:
1) deter undesirable or wrongful
conduct
2) rectify
consequences
by
distributing the losses
similarity between family conflicts
cases and torts conflicts cases:
strongly held policies of the state
3 concerns in torts:
1) achieving just and reasonable
results (consider the interest of
both parties
2) societal interest
3) shielding
defendant
from
unnecessary surprise
Distinguish: upholding the legitimate
expectations of parties vs. shielding
defendant from unnecessary surprise
the first is used in contracts cases, the
second is used in torts cases.
Why is the place of the tort (locus
delicti) difficult to determine? Different
concepts of locus delicti:
1) civil law: place of tortious conduct
2) common
law:
place
of
injury/vested rights theory
to
determine
lex
loci
delicti:
determine whether you are dealing
with a civil law or common law
country
B.
Difficulty
has
been
encountered
in
determining the locus delicti where the
liability producing
Alabama
1. The
Most
Significant Relationship
This
theory
contacts with
parties.
considers
the
states
the occurrence and the
Two-fold purpose:
1) identify the interested state
2) evaluate the relevance of these
contacts to the issue in question
The significant-relationship approach does
not call for a mechanical counting of
factual contacts where strength is drawn
in numbers; instead the court localizes the
state of the most significant relation and
assesses the event or transaction in the
light of the relevant policy considerations
of
the interested states and these
underlying policies.
3. Cavers
Principle
of
Preference
This principle deals with rules that
sanction some kinds of conduct engaged
in by a defendant in one state and
extends the benefit of this higher
standard of conduct and financial
protection to the plaintiff even if the
state of injury does not create analogous
liabilities.
Pangalangan: Since both states consider
that a tort has been committed, the
law of the state which places a higher
standard of conduct should apply. This
is true even if this is the place of
tortious conduct and not the place of
injury.
Law
of
the
domicile
of
the
parties:
i. Conditions
for
enforcement of tort
claims
a)
the
of
E.
Distinguishing
and Crimes
between
Torts
Tort
Crime
Transitory
in
character;
hence
liability is deemed
personal
to
the
tortfeasor
and
make him amenable
to suit in whatever
JD he is found
Local in character;
the perpetrator of
the wrong can be
sued only in the
state wherein he
commits the crime
An injury to an
individual who may
be situated in any
place
Liability is attached
to the perpetrator
to indemnify the
victim for injuries
he sustained
An injury to the
state where it is
committed
F.
Promulgated
to
punish and reform
the
perpetrators
and
deter
them
and
others
from
violating the law
Wylie vs.
Rarang
(1992)
FACTS: Wylie and Williams are officers of
the US Navy stationed in the Subic
Naval base, and are in charge of the
publication Plan of the Day. Rarang
filed an action for damages against
them for libelous statements published
in the POD.
HELD: Wylie and Williams are not
immune from the suit. They are sought
to be held answerable for personal torts
in which the US is not involved; if found
liable, they alone must satisfy the
judgment. The Bases Treaty provision
on immunity could not possibly apply in
this case, as it is presumed that the
laws of the US do not allow the
commission of crimes in the name of
official duty. The general rule is that
public officials can be held personally
accountable for acts claimed to have
been performed in connection with
official duties where they have acted
ultra vires or where there is showing of
bad faith.
This immunity for sovereign acts is
impliedly waived when the foreign state
and
its
officials
perform
private,
commercial or proprietary acts.
US vs. Fowler
FACTS: Fowler et al were accused of
theft on board the US vessel Lawton
while it was traveling on the high seas.
HELD:
Philippine
courts
have
no
jurisdiction over Fowler. Act 400 granting
JD to RP courts for crimes and offenses
committed on the high seas, apply to
ship or water craft registered or licensed
in the Philippines only. In the CAB, the
Lawton was not registered in the
Philippines; it was a US vessel.
People vs. Wong
Cheng (1922)
FACTS: Wong was charged for having
illegally smoked opium on board an
English vessel Changsa while anchored
in Manila Bay.
HELD: Under the English rule which is
applicable here (it is the prevailing
theory in the US), to smoke opium
within our territorial limits, even though
aboard a foreign merchant ship, is
certainly a breach of the public order
here established. It causes such drug to
produce its pernicious effects within our
territory. It seriously contravenes the
purpose that our Legislature had in
mind in enacting the repressive statute,
and is therefore triable in our courts.
Fowler
Cheng
Look
Chaw
US
English
English
Within
RP
territoria
l waters
Smoking
opium
Within
RP
territoria
l waters
Possessio
n and
selling of
opium
Acquired
JD
FLAG
CRIME
theft
RESULT
No JD
Acquired
JD
of
Law
Afecting
and Other Juridical
A. Corporations
A corporation is an artificial being
created by operation of law, having the
right of succession and
the
powers,
attributes and properties
1. Personal Law
a Corporation
of
Unconstitutional
conditions
business or to avoid
removed from that state
being
b.
c.
During wars,
courts may pierce the
corporate identity and look into the
nationality of stockholders to determine
the citizenship of the corp.
Filipinas
corp.,
Daimler
Rubber
Art. 51,
CC
3. Domicile or
Residence of
Foreign
Corporations
FACTS:
CMI
obtained
loans
from
Citibank. CMI defaulted. Citibank filed
petition
for
involuntary insolvency
against CMI with CFI, Rizal. State
Investment, a creditor of CMI, opposed
claiming
that
Citibank
had
no
jurisdiction because the banks are not
resident creditors of CMI.
HELD: The Phil branches of the bank
are residents of the Phils being
resident foreign corporations as defined
in the Tax Code and other Banking
Laws. What effectively makes a foreign
corp a resident corp in the Phils is its
actually being in the Phils and licitly
doing
business
here
(locality
of
existence) The grant of license merely
gives legitimacy to its doing business
here but it does not make the corp a
resident. Also, the failure of the bank to
aver
categorically
that
they
are
residents are not fatal to the cause of
action where it alleged that it is a foreign
bank licensed to do business here.
4. Jurisdiction Over
Foreign Corporations
The dictum that a corporation has force
only in the incorporating state and no
existence outside that state has been
abandoned. The prevailing rule is, with
the consent of a state, a foreign corp.
d.
e.
3.
resident agent
in the absence thereof, to the
government official designated by law
or any of its officers or agents within
the Phils
on any officer or agent of the corp in
the Phils
5. Right
of
Foreign Corporation to
bring Suit
Acquisition of a license by a foreign
corporation is an essential prerequisite for
filing of suit before our courts.
of
action
recognized
6. Exceptions to
License Requirement
a. Isolated Transactions
This has been defined as one which is
occasional, incidental and casual, not of a
character to indicate a purpose to engage
in business. It does not constitute doing
business under the law.
1. All
that
Leviton
Manufacturing
alleged is that it is a foreign
corporation. It should have, in
addition, alleged the ff pursuant to
Sec. 21-a:
a. it registered its trademark with the
Phil. Patent Office or that it is an
assignee of the trademark, and
b. that the country of which it is a
citizen or domiciliary grants to
Filipino corps the same reciprocal
treatment, either in a treaty,
convention or law.
2. It also violates Sec. 4, Rule 8 of the
Rules of Court, which states that:
Facts showing the capacity of a
party to sue or be sued or the
authority of a party to sue or be
sued in a representative capacity
or the legal existence of an
organized association of persons
that is made a party, must be
averred.
c.
Agreements
Fully
Transacted
Outside
the Philippines
soliciting orders,
service contracts,
opening
offices
whether
called
liaison offices,
appointing representatives if the latter
stays for at least 180 days,
participating in the management,
supervision or control of any domestic
business
and any other act that imply a
continuity of commercial dealings
and contemplate in the performance
of acts or works
the
progressive
prosecution
of
commercial
gain
or
of
the
purpose/object
of
the
business
organization
Avon Insurance
vs. CA (1997)
HELD: A reinsurance company is not
doing business in a certain state merely
because the property or lives which are
insured by the original insurer company
are located in that state since the
reinsurance contract is usually a
separate and distinct arrangement from
the original contract of insurance,
whose contracted risk is insured in the
reinsurance agreement.
The term doing business in the Phils
implies a continuity of commercial
dealings
and
arrangements
and
contemplates, to that extent, the
performance of acts or works or the
exercise of functions normally incident
to and in the progressive prosecution of
the
purpose
and
object
of
its
organization.
Wang Laboratories vs.
Mendoza (1987)
FACTS: Wang Lab (US corp) sells its
products in the Phils thru its exclusive
distributor, Exxbite.
for breach of
ACCRS
sued
WL
Special Corporations
Derivative
Jurisdiction
over
Corporations (parent-subsidiary)
Foreign
2 Important Issues
1. whether ownership by the parent
over
the subsidiarys
stock
is
enough to give jurisdiction over the
subsidiary
2. whether
the
activities
of
the
subsidiary in a state will give that
state jurisdiction over he parent
corporation
nd
Restatement 2 :
Jurisdiction over the parent will exist if
parent controls and dominates
subsidiary. In determining whether
separate corporate existence of
the
the
the
the
by
the
1.
2.
3.
4.
5.
Domestic Corp.:
a) Can sue
b) Can be sued
Foreign Corps.
1) Doing Business
a. With license can sue and
be sued
b. Without license cannot
sue, can be sued
2) Not
Doing
Business
(isolated transaction) can sue and
be sued
Bases
of
Recognition
and Enforcement of Foreign
Judgments
1) Comity
According to Cheshire, the theory on
comity mean that in order to maintain
reciprocal treatment from the courts of
other countries, we are compelled to take
foreign judgments as they stand & to give
them Full faith & Credit.
Comity calls for reciprocity between the
concerned jurisdictions. Thus, forum A
will withhold recognition & enforcement
of prior judgment if it comes from Forum
B, w/c does not give same concession to
forum A judgment.
Goddard vs.
Godard (1870)
FACTS: Godard (French) obtained a
favorable ruling by a French court
1. Res judicata
Many courts recognize & enforce foreign
judgments on ground of res judicata,
under which principle:
a. those who contested an issue
shall be bound by the result &
b. matters once tried & decided
w/ finality in one jurisdiction
shall be considered as settled
b/w the parties
Thus, parties are prevented from litigating
issues already determined by a local
judgment.
In Anglo-American jurisprudence, foreign
judgments are not open to reexamination
on merits when placed in issue before
local courts subject to a few exceptions.
The principle seeks to accomplish the
policy of giving finality to litigation. Public
policy dictates diminishing the judicial
energy
invested
in
deciding
suits,
encouraging confidence in court decrees
and securing the legitimate expectations
3. Bar
This is where a successful defendant
interposes the judgment in his favor to
avert a second action by plaintiff on the
same claim. By direct estoppel, the
relitigation of all matters decided are
precluded
In
addition,
DOCTRINE
OF
COLLATERAL
ESTOPPEL
renders
conclusive
all
essential issues of fact actually litigated
in the suit decided on by the foreign
court.
Distinction between
Collateral Estoppel
Res
Judicata
&
recognition or
enforcement
Philippine judgment
of
Borthwick vs.
Castro (1987)
FACTS: Borthwick (US) owned real
properties
in
Hawaii.
He
issued
promissory notes to Scallon but failed to
pay the same. Scallon sued him in
Hawaii. B was issued summons while in
California which process was valid
under Hawaiian law. For failure to
enforce the judgement, S filed action in
Phils. Bs defense is that the Hawaii
court has no jurisdiction over the cause
of action and over his person.
HELD:
Foreign
judgements
are
presumptive evidence of the rights
between parties and rejection may be
justified, among others, by want of
jurisdiction of the issuing authority,
among others. But in CAB, such
rejection was
not justified.
What
Borthwick seeks in this appeal is a 3rd
chance to contest the jurisdiction of the
foreign court. In order to do that, he
must show that the declaration of
default was incorrect. But Borthwick did
not do this. Borthwick was given an
opportunity to file his answer in the
Hawaii court, he was also given a
chance in the CFI, Makati, but he failed
to do the same.
2. The judgment must be valid under the laws
of the court that rendered it
In Pemberto vs. Hughes although there
was error in procedure, since the Florida
court was competent & no substantial
injustice was committed, the English court
did not consider the error as to
significantly alter an otherwise valid
decree.
Nouvion vs.
Freeman
(1889)
FACTS: Nouvion filed an action for
administration
of
the
estate
of
Henderson. In order to show that he
Nouvion
foreign
judgment
establishing
Hendersons indebtedness to him.
HELD: The Spanish judgment cannot be
sustained because it was not yet final
and conclusive. Where a court of
competent jurisdiction has adjudicated
a certain sum as due from one to
another, a legal obligation arises, on
which an action of debt to enforce
judgment may be maintained. But to
come within the terms of law properly
laid down, judgment must result from
an
adjudication
of
a
court
of
competent jurisdiction, such judgement
being final and conclusive. It is not
sufficient that the judgement puts an
end to and finally settles controversy. It
must
e shown that in the court by
which it was pronounced it conclusively
and finally settles forever the existence
of debt of which it is sought to be made
conclusive.
Querubin vs.
Querubin
(1950)
FACTS: Following their divorce because
of Margarets infidelity, rendered in New
Mexico, their daughter Querubina was
kept in a neutral home. Silvestre then
obtained
an
interlocutory
decree
granting him custody. Margaret had the
decree modified since the she was
remarried and had a stable home for
Querubina. When Silvestre fled to the
Philippines with Querubina, Margaret
filed for habeas corpus. She asserts that
the interlocutory order should be
complied with pursuant to Article 48
Rule 39.
HELD: Her contention is erroneous. A
foreign interlocutory order in favor of
Margaret did not establish a vested
right with respect to rightful custody
over Queribina. The decree is not yet
final but subject to change with the
circumstances.
Generally,
divorce
decree awarding custody of child to one
spouse is respected by other states but
such decree has no effect in another
state as to facts and conditions
occurring subsequently to date of
decree. Court of another state may
award custody otherwise upon proof of
subsequent
matters
justifying such
decree to the childs interest.
having
jurisdiction to
judgment is as follows:
pronounce
the
a. in case of a judgment
of
(2001)
FACTS: Z filed an action to enforce
money judgment rendered by the
Superior Court of California against P.
RTC by summary judgment ordered
Puyat to pay Z pursuant to Judgment of
Stipulation for Entry of Judgment
contained
in
the
Compromise
Agreement between them in the Calif.
court. CA held that P is estopped from
assailing the judgment that had become
final.
HELD: The summary judgment is
allowed. Since the present action lodged
in the RTC was for the enforcement of a
foreign judgment, there was no need to
ascertain the rights and obligations of
the parties based on foreign laws or
contracts; the parties needed only to
perform their obligations under the
Compromise Agreement
they
had
entered into. None of the reasons for
invoking forum non conveniens barred
the RTC from exercising its jurisdiction
(forum shopping, overcrowded dockets,
harassment of defendants, etc.) In CAB,
there was no more need for material
witnesses, no forum shopping or
harassment of Puyat, no inadequacy in
the local machinery to enforce the
foreign judgment and no question
raised as to the application of any
foreign law.
E. Grounds for Non-Recognition
Uniform Money-Judgment Recognition Act
of the US, Section 4:
(a) A foreign judgment is not
conclusive if1. The judgment was rendered under a
system which does not provide
impartial tribunals or procedures
compatible with the requirements of
due process of law
2. The foreign court did not have
personal jurisdiction over the
defendant
3. The foreign court did not have
jurisdiction over the subject matter
(b) A foreign judgment
be recognized if-
need
not
2)
3)
4)
5)
6)
Grounds
1-3
under
letter
b
are
mandatory & the last 3 are discretionary.
The ground on non-recognition for lack
of jurisdiction in personam is most
debatable.
Most
courts
consider
jurisdiction
of
foreign
court
as
appropriate when there are significant
contacts
between forum states &
individuals.
The service of summons as
traditional
basis
for
exercise
jurisdiction has been eroded.
the
of
Modern
Developments
in
Enforcement
of
Foreign
Judgment
1. The
Contributions:
a) provisions
on
applicability
of
Convention
irrespective
of
nationality
b) non-refusal for sole reason that
court of state of origin has applied
a law other than that which would
have been applicable according to
the rules of Private IL of the state
addressed
c) it addresses the question of
whether a default judgment is
subject to enforcement
d) establishes
recognition
&
enforcement procedures
The
seventh
session
looked
into
possibility of a general convention on
recognition & enforcement of judgments
whose chief benefit will be the relatively
uniform procedure among contracting
states.
Act
has
adopted
the
practice
of
not
executing
foreign
MODES OF ENFORCEMENT
A. First Mode: Need for New Judicial Action
Procedure in Philippines
(Compared
to
simple
procedure
of
exequaure,
Philippine mode is protracted & expensive).
Our laws require that a petition should be
filed
in
proper
court
attaching
authenticated copy of foreign judgment to
be enforced.
Philippine consul must certify that it had
been rendered by a court of competent
jurisdiction. The petition must comply w/
all the requisites of an enforceable
judgment.