CONFLICT OF

LAWS
FOREIGN ELEMENT

YES

Assume jurisdiction and apply either law of the Dismiss the case for lack of jurisdiction,
forum or of another State non-convenience

CHOICE OF LAW PROBLEM

- Solved by Characterization/ Doctrine of Qualification
(Saudi Arabia Airlines vs. CA, GR. No. 122191)

Legal Capacity - law of the place where contract

Personal Law - Nationality Rule Property - place
was entered into
(Bellis vs Bellis, GR. No. L-23678) where it is located
(Government vs. Frank, GR. No. 2935)

INTERNAL LAW
(If a specific law of the forum decrees that this law should apply /
proper foreign law was not properly pleaded and proved)

Effects of failure to plead and prove foreign

Theories
law of the forum court: should

Apply the law of the forum

Dismiss the case for
inability to establish
cause of action
Assume that the foreign Theory of Comity Theory of Vested Rights Th
(Aznar vs. Garcia,
law is the same as the - an act done in another of
GR. No. L-16749) - foreign law is
law of the forum
state may give rise to the - irr
applied because of
existence of a right if the f
its convenience &
laws of that state created