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Conflict of Laws Comprehensive reviewer of Sempio-Diy book

Chapter 1 Writings and treaties of thinkers and

In General famous writers

Conflict of Laws Chapter 2

That part of the municipal law of a state which directs its Jurisdiction and choice of law
courts and administrative agencies, when confronted with a
legal problem involving a foreign element, whether or not How one deals with a problem in Conflict of Laws
they should apply a foreign law or foreign laws 1. First, determine whether the court has jurisdiction
over the case.
Conflict of laws case If it has no jurisdiction, the case should be
Any case which involves facts occurring in more than one dismissed
state or nation, so that in deciding the case, it is necessary If it has jurisdiction, the court will
to make a choice between the laws of different states or determine whether it should assume
countries jurisdiction over the case or dismiss it on
the ground of forum non conveniens
Note: Conflict of laws is NOT part of international law. It is the law of the forum that determines
Although it is sometimes thought of as part of international whether the court has jurisdiction over the
law because of the presence of a foreign element in a given case
problem, it is not international law in character but is part of 2. It will next determine whether to apply the internal
the municipal law of each state. By municipal law in Conflict law of the forum or the proper foreign law
of Laws is meant the internal or local law of each state.
Three kinds of jurisdiction
Conflict of laws vs. public international law 1. Jurisdiction over the subject matter
Public Conflict of laws 2. Jurisdiction over the person
International 3. Jurisdiction over the res
As to persons Governs Governs private Jurisdiction over the subject matter
involved sovereign states individuals or Conferred by law
and entities that corporations Defined as the power to hear and determine cases
are internationally of the general class to which the proceedings in
recognized or question belong
possessed of Cannot be conferred by consent of the parties or
international by their voluntary submission
personality Must be invoked by filing the proper complaint or
As to nature International in Municipal in petition with the court.
character character
As to Applies only to Deals with Note: In the realm of Conflict of Laws, however, there
transactions transactions in transactions is another element which the court must consider in
involved which only strictly private in determining the matter of jurisdiction the possible
sovereign states nature in which enforceability of its decision in foreign states, subject to
or entities with the country as the rights of said states.
international such has
personality are generally no Jurisdiction over the person
concerned and interest The competence or power of a court to render a
which generally judgment that will bind the parties involved
affect public Jurisdiction over the plaintiff: Acquired the
interest moment he invokes the power of the court by
As to remedies The concerned Recourse is had instituting the action by the proper pleading
applied states may first to judicial or Jurisdiction over the defendant: Acquired when
resort to peaceful administrative he enters his appearance or by the coercive power
remedies. If these tribunals in of legal process exerted by the court over him
remedies fail, the accordance with personal or substituted service of summons
states concerned the rules of o EX: If appearance is for the sole purpose
may resort to procedure of the of questioning the jurisdiction of the court.
forcible remedies country where
they sit Note: Question of erroneous service of summons must
be raised before judgment is rendered, or this would be
Sources of Conflict of Laws a case of waiver. Defective service may be cured by
1. Direct sources actual receipt of summons or if in any other manner,
Treaties knowledge of the existence of the case
International conventions
Constitutions Jurisdiction over the Res
Codifications and statutes Jurisdiction over the particular subject matter in
Judicial decisions controversy, regardless of the persons who may be
International customs interested therein
2. Indirect sources The basis of the exercise of this jurisdiction is the
Natural moral law presence of the property within the territorial
jurisdiction of the forum even though the court
may not have personal jurisdiction over the

Lesley Claudio (A 2012) Page 1 of 22

Conflict of Laws Comprehensive reviewer of Sempio-Diy book

persons whose interests in the property are Instances when court may refuse to exercise
affected jurisdiction over a case on the basis of forum non
The purpose of the suit is not to impose a persona conveniens
liability on anyone but it is to affect the interests of 1. The evidence and the witnesses may not be readily
all persons in a thing. available in the forum
2. The court dockets of the forum may already be
Jurisdiction in personam Jurisdiction over the res clogged so that to permit additional cases would
Binds only the parties and Binds the whole world hamper the speedy administration of justice
their successors in interest 3. The belief that the matter can be better tried and
decided in another jurisdiction, either because the
Actions quasi in rem main aspects of the case transpired there or the
The purpose is neither to impose a personal liability material witnesses have their residence there
in a thing nor to affect the interests of all persons 4. To curb the evils of forum shopping the non-
in a thing, but to affect the interests of particular resident plaintiff might have filed the case in the
persons in a thing. forum merely to secure procedural advantages or
An action affecting the personal status of the to annoy or harass the defendant
plaintiff is also classified as an action quasi in rem 5. The forum has no particular interest in the case
the parties not being citizens of the forum or are
Service of summons, how effected residents elsewhere, or the subject matter of the
1. In actions in personam case evolved somewhere else
(1) Personal service 6. Other courts are open and the case may be better
(2) Substituted service tried in said courts
7. The inadequacy of the local judicial machinery for
Note: Service by publication would NOT be effectuating the right sought to be enforced by the
sufficient plaintiff
8. The difficulty of ascertaining the foreign law
2. Service by publication applicable
(1) Action in rem
(2) Action quasi in rem Note: The doctrine should generally apply only if the
(3) Action involves the personal status of defendant is a corporation. For if the defendant is an
plaintiff individual, the proper forum may not be able to acquire
jurisdiction over him, thus leaving the plaintiff without
3. Extraterritorial service of summons any remedy.
(1) When the defendant does not reside and
is not found in the Philippines, and the Three instances when the forum has to apply the
action affects the personal status of the internal or domestic law (lex fori) in deciding a case
plaintiff in conflicts of law
(2) When the defendant does not reside and 1. When the law of the forum expressly so provides in
is not found in the Philippines, and the its conflicts rules
action relates to or the subject of which is, 2. When the proper foreign law has not been properly
property within the Philippines (real or pleaded and proved
personal), in which the defendant has a 3. When the case involves any of the exceptions to
claim, a lien or interest, actual or the application of the proper foreign law (i.e.
contingent exceptions to comity)
(3) When the defendant is a non-resident but
the subject of the action is property Why foreign law cannot be applied if it has not been
located in the Philippines in which the pleaded and proved
relief demanded consists in excluding the Our courts cannot take judicial notice of foreign laws
defendant from any interest therein
(4) When the property of a non-resident How a foreign law is proved under our Rules of Court
defendant has been attached in the 1. Written law
Philippines (1) An official publication thereof
While a writ of attachment may (2) A copy of the law attested by the officer
be issued by the court, said having legal custody of the record or by
writ cannot be implemented his deputy, accompanied by a certificate
until the court has acquired of any Philippine embassy, consular, or
jurisdiction over the non- foreign service officer in the foreign
resident defendant country where the record is kept, and
authenticated by the seal of his office
Extraterritorial service, how effected 2. Unwritten law
By leave of court: (1) The oral testimony of expert witnesses
1. By personal service (2) By printed and published books of reports
2. By publication, but copy of the summons and the of decisions of the country involved if
order of the court must be sent by registered mail proved to be commonly admitted in its
to the defendants last known address courts
3. In any other manner that the court may deem
sufficient, e.g., by registered mail Processual presumption of law
This rule means that when the proper foreign law has not
been properly proved, the court of the forum may presume

Lesley Claudio (A 2012) Page 2 of 22

Conflict of Laws Comprehensive reviewer of Sempio-Diy book

that said foreign law is the same as its local or domestic Theory of local law
law, which it can now apply Under this theory, we apply a foreign law not because it is
foreign, but because our own law by applying a similar rule
Exceptions to the applications of a foreign law requires us to do so, hence it is as if the foreign law has
1. When the application of the foreign law would run become part of our own internal or domestic law.
counter to a sound and established public policy of
the forum Theory of harmony of laws
2. When the foreign law is contrary to the almost Under this theory, identical or similar problems should be
universally conceded principles of morality (contra given identical or similar solutions thus resulting in harmony
bonos mores) of laws
3. When the foreign law involves procedural matters
EX: When the law is both procedural and Theory of justice
substantive Since the purpose of all laws, including Conflict of Laws, is
4. When the foreign law is penal in character the dispensation of justice, the proper foreign law should be
EX: A penal clause in a contract may applied in order to attain this objective
however be enforced here because such The defect of this theory, however, is that different
clause is not criminal in nature but persons may have different ideas of what is just
provides only for liquidated damages
5. When the law is purely fiscal (i.e., revenue Note: No single theory contains the whole truth; no one
producing) or administrative in nature approach is completely valid. All of the theories have
6. When the foreign law might work undeniable validity. This suggests that they are not entirely exclusive.
injustice to the citizens or residents of the forum
7. When the application of the foreign law would Chapter 4
endanger the vital interests of the State Nature and composition of conflicts rules
8. When the case involves real or personal property
located in our country
Purely internal provision of law vs. conflicts rule
Purely internal provision Conflicts rule/ A
Chapter 3 of law provision in conflict of
Theories that justify the application of the foreign law laws
Governs a domestic A provision found in our own
Theories that justify the application of the foreign law problem, i.e., one without a law which governs a factual
instead of domestic or internal law foreign element situation possessed of a
1. Theory of comity foreign element
2. Vested right theory Example: Art. 796 All Example: Art. 16 Real
3. Theory of local law persons who are not property as well as personal
4. Theory of harmony of laws expressly prohibited by law property is subject to the
5. Theory of justice may make a will law of the country where it
is situated
Theory of comity
According to this theory, no foreign law would be allowed to Two kinds of conflicts rules
operate in another state except by the comity of nations 1. One-sided rule
Indicates when Philippine law will apply
Comity Example: Article 15 of the CC Laws
The recognition which one state allows within its relating to family rights and duties, or to
territory, to the legislative, executive, or judicial acts of the status, condition, and legal capacity of
another nation persons, are binding upon citizens of the
Philippines even though living abroad
Two principles upon which the theory of comity 2. All-sided or multilateral rule
rests Indicates whether to apply the local law or
1. The comity based on reciprocity the proper foreign law
2. The comity based on the persuasiveness of a Example: Art. 16 Real property as well
foreign judgment as personal property is subject to the law
Our Civil Procedure still follows the of the country where it is situated
principle of reciprocity because in
Sec. 48, Rule 39, a foreign final Parts of every conflicts rule
judgment or order is presumptive 1. The factual situation the set of facts or
evidence of a right as between the situation presenting a conflicts problem because
parties and their successors in there is a foreign element involved
interest 2. The point of contact or connecting factor
The law of the country with which the factual
The vested-rights theory situation is most intimately connected
Under this theory, our courts enforce not the foreign law or
foreign judgment but the right or rights that have been Note: The first part raises while the second part
vested under such law or judgment. answers a legal question
Rights once acquired should be enforced regardless
of where the suit for its enforcement was filed.

Lesley Claudio (A 2012) Page 3 of 22

Conflict of Laws Comprehensive reviewer of Sempio-Diy book

Different theories on how the personal law of an

Chapter 5 individual is determined
Characterization of conflict rules 1. The nationality theory
Personal theory
The status and capacity of a person are
determined by the law of his nationality or
Otherwise known as classification or qualification is the
his national law
process of assigning a certain set of facts or factual
2. The domiciliary theory
situation to its proper or correct legal category. By
By virtue of which the status and capacity
characterizing the legal problem, the court of the parties
of a person is determined by the law of his
involved reach the proper solution whether to apply the
local law or the proper foreign law
Territorial theory
Most writers hold that on the grounds of practical
3. The situs or eclectic theory
necessity and convenience, it is the forum or the
Views the law of a particular place or situs
lex fori that should determine the problems
of an event or transaction as generally the
characterization unless the result would be a clear
controlling law
Note: The Philippines follows the nationality
Note: Modern trend is to consider prescriptive periods
or Statute of Frauds that the parties had in mind at the
time the transaction took place
Nationality v. citizenship
Nationality Citizenship
Refers to membership in a A citizen is one who owes
Chapter 6 political community, one allegiance to and is entitled
Persona law Theories in determining ones personal that is personal and more or to the protection of the
law less permanent, not State
Personal law. In the field of Conflict of Laws, nationality and citizenship
That which attaches to him wherever he may go. The law are the same
that generally governs his status, capacity, condition, family
relations, and the consequences of his actuations. It may
Chapter 7
1. National law
The Nationality Theory
2. Law of his domicile
3. Law of the situs
Different kinds of citizenship in the Philippines
Status vs. capacity 1. Natural born citizens
Status Capacity Those who are citizens from birth without
having to perform any act to acquire or
Place of an individual in Only part of ones status and
perfect their Philippine citizenship
society and consists of may be defined as the sum
personal qualities and total of his rights and
Native-born Filipinos
relationships more or less obligations
Those born in the Philippines. Natural-born
permanent, with which the
citizens may not be native-born if they were
state and the community are
born abroad
2. Citizens by naturalization
Two kinds of capacity
Those who were formerly aliens but by
1. Juridical capacity
judicial, legislative, or administrative
Passive capacity
process, have become Filipino citizens
The fitness to be the subject of legal
Jus soli v. jus sanguinis
2. Capacity to act
Active capacity Jus soli Jus sanguinis
The power to do acts with legal effects A person is a citizen of the It is citizenship by blood
country where he was born
Characteristics of status or of the country of his birth This is the rule that we
1. It is conferred principally by the State, not by the follow in the Philippines
2. It is a matter of public interest or social interest Note: Each country or state has the sole power and
3. Being a concept of social order, it cannot easily be authority to determine under its internal or municipal law
terminated at the mere will or desire of the parties who are its citizens or nationals
4. It is generally supposed to have a universal Dual allegiance under Sec. 5, Article IV of the
character Constitution
The provision in the Constitution (dual allegiance of citizens
is inimical to national interest and shall be dealt with by
law) is concerned not with dual citizenship per se but with
naturalized citizens of the Philippines who still maintain their
allegiance to the countries of their origin.

Lesley Claudio (A 2012) Page 4 of 22

Conflict of Laws Comprehensive reviewer of Sempio-Diy book

Effective nationality theory Under this law, a Special Committee on

Within a third state, a person having more than one Naturalization is created, with the power
nationality shall be treated as if he had only one. Without to approve, deny, or reject applications for
prejudice to the application of its law in personal matters naturalization filed with said Committee
and of any conventions in force, a third state shall apply the
nationalities which any such person possesses, recognize Derivative naturalization
exclusively in its territory either the nationality of the Philippine citizenship conferred on:
country in which he is habitually and principally a resident, 1. The wife of a naturalized husband
or the nationality of the country with which in the 2. The minor children of a naturalized father
circumstances he appears to be in fact mostly connected 3. The alien wife of a natural born or naturalized
The law of the country of which the deceased was citizen, in the latter case, the marriage having
both a citizen and a domiciliary at the time of her taken place after the husbands naturalization
death is considered more effectively connected to
her than her other national law.

Citizens of the Philippines under the 1987

1. Those who are citizens of the Philippines at the
time of the adoption of this Constitution
2. Those whose fathers or mothers are citizens of the
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 naturalized in accordance with law

Citizenship of a Filipino woman who marries a

Citizens of the Philippines who marry aliens shall retain their
citizenship unless by their act or omission they are deemed,
under the law, to have renounced their Philippine citizenship
(Article 4, Sec. 4, 1987 Constitution)

Citizenship of an alien woman who marries a Filipino

Under Sec. 15 of the Revised Naturalization Law (Com. Act
No. 475), an alien woman marrying a Filipino, native-born
or naturalized, becomes ipso facto a Filipino, provided she is
not disqualified to be a citizen of the Philippines under Sec.
4 of the same law.
It is enough that an alien wife proves that she is
not disqualified to be a Filipino citizen not
necessarily in court but even before an agency like
the Immigration Commission

Note: An alien woman married to an alien husband

who (the husband) is subsequently naturalized also
follows the Philippine citizenship of her husband,
provided she does not suffer from any of the
disqualifications under Sec. 4 of the same Revised
Naturalization Law. This is a case of derivative
naturalization (similar to the minor children of a
naturalized Filipino citizen)

The process of conferring on an alien the citizenship of
another country by any of the means provided by law.

Modes of acquiring Philippine citizenship by

1. Judicial process
Com. Act No. 475 as amended by RA 530
2. Legislative process
When Philippine citizenship is conferred by
a special act of Congress on deserving
3. Administrative process
RA 9139 or the Administrative
Naturalization Law of 2000

Lesley Claudio (A 2012) Page 5 of 22

Conflict of Laws Comprehensive reviewer of Sempio-Diy book

Judicial naturalization under Com. Act. 475, Administrative naturalization under RA 9139 or
as amended the Administrative Naturalization Law of 2000
Qualifications 1. The petitioner must not e less than 21 years 1. The applicant must be born in the Philippines
of age on the date of the hearing of the and residing therein since birth
petition 2. The applicant must not be less than 18 years of
2. He must have, as a rule, resided in the age, at the time of filing of his/her petition
Philippines for a continuous period of not less 3. The applicant must be of good moral character
than 10 years and believes in the underlying principles of the
3. He must be of good moral character, and Constitution and must have conducted
believe in the principles underlying the himself/herself in a proper and irreproachable
Philippine Constitution, and must have manner during his/her entire period of
conducted himself in a proper and residence in the Philippines in relation with the
irreproachable manner during the entire duly constituted government as well as with the
period of his residence in the Philippines in community in which he/she is living
his relation with the constituted government 4. The applicant must have received his/her
as well as with the community in which he is primary and secondary education in any public
living school or private education institution duly
4. He must own real estate in the Philippines recognized by the DECS, where Philippine
worth not less than 5,000, Philippine history, government, and civics are taught and
currency, or must have some lucrative trade, prescribed as part of the school curriculum and
profession, or occupation where enrollment is not limited to any race or
5. He must be able to speak and write English or nationality: Provided, that should he/she have
Spanish and any one of the principal minor children of school age, he/she must have
languages and enrolled them in similar schools.
6. He must have enrolled his minor children of 5. The applicant must have a known trade,
school in any of the public or private schools business, profession, or lawful occupation, from
recognized by the Bureau of Private Schools which he/she derives income sufficient for
where Philippine history, government, and his/her support and if he/she is married and/or
civics are taught or prescribed as part of the has dependents, also that of his/her family:
school curriculum during the entire period of Provided, however, that this shall not apply to
the residence required of him, prior to the applicants who are college degree holders but
hearing of his petition for naturalization as are unable to practice their profession because
citizen they are disqualified to do so by reason of their
6. The applicant must be able to read, write, and
speak Filipino or any of the dialects of the
Philippines, and
7. The applicant must have mingled with the
Filipinos and evinced a sincere desire to learn
and embrace the customs, traditions, and ideals
of the Filipino people
Disqualifications 1. Those opposed to organized government or affiliated with any association of group of person who
uphold and teach doctrines opposing all organized governments
2. Those defending or teaching the necessity of or propriety of violence, personal assault or
assassination for the success or predominance of their ideas
3. Polygamists or believers in the practice of polygamy
4. Those convicted of crimes involving moral turpitude
5. Those suffering from mental alienation or incurable contagious disease
6. Those who, during the period of their residence in the Philippines, have not mingled socially with
Filipinos, or who have not evinced a sincere desire to learn and embrace the customs, traditions, and
ideals of the Filipinos
7. Citizens or subjects of nations with whom the Philippines is at war
8. Citizens or subjects of a foreign country whose laws do not grant Filipinos the right to be naturalized
citizens or subjects thereof

Lesley Claudio (A 2012) Page 6 of 22

Conflict of Laws Comprehensive reviewer of Sempio-Diy book

Loss of citizenship Domicile v. residence

Under Com. Act 63, as amended, a Filipino citizen may lose Domicile Residence
his citizenship in any of the following ways: Denotes a fixed, permanent Used to indicate a place of
1. By naturalization in a foreign country residence to which, when abode, whether permanent
2. By express renunciation of citizenship absent, one has the or temporary
3. By subscribing an oath of allegiance to support the intention of returning
constitution or laws of a foreign country upon Residence is not domicile, but domicile is residence coupled
attaining twenty-one years of age or more with intention to remain for an unlimited time
4. By accepting commission in the military, naval, or
air service of a foreign country Domicile v. citizenship
5. By cancellation of the certificate of naturalization Domicile Citizenship
6. By having been declared by competent authority, a Speaks of ones permanent Indicates ties of allegiance
deserter of the Philippine armed forces in time of place of abode and loyalty
war, unless subsequently a plenary pardon or A person may be a citizen or national of one sate and a
amnesty has been granted; and domiciliary of another
7. In case of a woman, upon her marriage to a
foreigner, if, by virtue of the laws in force in her
Note: The forum applies its own concept of domicile in
husbands country, she acquires his nationality
determining the domicile of a litigant before its courts (law
Under the 1987 Constitution, however, of the forum/lex fori, NOT national law, is the law that
the woman retains her Philippine
determines ones domicile)
citizenship unless by her act or omission
she is deemed under the law to have
Different kinds of domicile
renounced her Philippine citizenship 1. Domicile of origin: The domicile assigned by law
to a person at the moment of his birth
Philippine citizenship, how reacquired 2. Constructive domicile or domicile by
Under C.A. 63, as amended, Philippine citizenship may be
operation of law: The domicile assigned by law to
reacquired as follows: a person after birth on account of a legal disability,
1. By naturalization, provided the applicant possesses
like minority, insanity, imprisonment, etc.
none of the disqualifications 3. Domicile of choice: The domicile of a person sui
2. By repatriation of deserters of the Army, Navy, or
juris because he has his home there and to which,
Air Corps, Provided, that a woman who lost her whenever absent, he intends to return
citizenship by reason of her marriage to an alien
may be repatriated in accordance with the Principles regarding ones domicile of choice
provisions of this Act after the termination of the
1. No person can ever be without a domicile or every
marital status natural person must have a domicile
3. By direct act of Congress
2. A person cannot have two simultaneous domiciles
3. A natural person, free (not a prisoner) and sui juris
RA 9225 Citizenship Retention and Reacquisition
(one of age and under no disability), can change
Act of 2003 his domicile at pleasure
Under this law, natural born Filipino citizens who had been
4. A domicile, once acquired, is retained until a new
naturalized in foreign countries are deemed to have one is gained
reacquired Philippine citizenship by taking an oath of
5. The presumption being in favor of the continuance
allegiance to the Philippine Constitution and laws. Those of an existing domicile, the burden of proof is on
who become naturalized in foreign countries after the
the one who alleges that a change of domicile has
effectivity of the Act retain their Philippine citizenship upon taken place
taking the same oath
6. To acquire a new domicile of choice, the following
must concur:
Chapter 8 (1) Residence or bodily presence in the new
Domiciliary Theory locality
(2) An intention to remain there (animus
Domiciliary theory manendi) and
It is the theory whereby the status, condition, family rights (3) An intention not to return to the former
and obligations, and capacity of a person are governed by abode (animus non revertendi)
the law of his domicile or the lex domicilii
Rules determining ones domicile of origin
Domicile If the child is legitimate His domicile of origin is that
It is the place where a person has his true, fixed, of his parents at the time of
permanent home, and principal establishment, and to his birth
which, whenever he is absent, he has the intention of
returning. If parents are separated, the
Art. 50 of the CC: For the exercise of civil rights domicile of the custodial
and fulfillment of civil obligations, the domicile of parent
natural persons is the place of their habitual If the child is illegitimate His domicile of origin is that
residence of the mother at the time of
his birth
If the child is legitimated The domicile of his father at
the time of his birth controls
If the child is adopted The domicile of origin is the
domicile of his real parents

Lesley Claudio (A 2012) Page 7 of 22

Conflict of Laws Comprehensive reviewer of Sempio-Diy book

at the time of his birth, NOT

the domicile of the adopters Chapter 9
If a foundling The domicile of origin is the The situs or eclectic theory
country where it was found
Situs or eclectic theory
Rules determining ones constructive domicile The capacity, status, and family relations of a person are
MINORS governed not necessarily by the law of his nationality or the
1. If legitimate, the domicile of both parents law of his domicile but by the law of the place (situs) where
In case of disagreement, that of the an important element of the problem occurs or is situated
father, unless there is a judicial order to
the contrary Two kinds of participation of an individual under the
2. If illegitimate, the domicile of the mother situs or eclectic theory
3. In case of absence or death of either parent, the 1. If participation is active When he does an act
domicile of the present parent. voluntarily, the governing law is the law of the
Even in case of remarriage of the actual situs of the transaction or event
surviving parent, still his/her domicile 2. If the participation is passive When the
determines the constructive domicile of effects of the act are set forth or determined by
the minor child law, the governing law is the law of the legal
4. If the child is adopted, the domicile of choice of the situs, i.e., the domicile of the individual concerned
adopter is the childs constructive domicile
Chapter 10
The law assigns their domicile to them: The problem of the renvoi
1. If they are below the age of majority, the rules on
minors apply to them
2. If they are of age and have guardians, they follow Renvoi
the domicile of choice of their guardians A French word which means refer back or
3. If they are of age and have no guardians, their return
constructive domicile is their domicile of choice In Anglo-American countries, the term used is
before they became insane remission, which means to refer a matter for
MARRIED WOMEN consideration or judgment
1. The constructive
When does the problem of renvoi arise?
domicile of the wife is
The problem of renvoi arises when there is doubt as to
the domicile of both
whether the reference by the lex fori (the law of the country
spouses, unless the law
where the problem arises) to the foreign law involves:
allows the wife to have a
1. A reference to the internal law of the foreign law or
separate domicile for
2. A reference to the entirety of the foreign law
valid and compelling
including its conflicts rules
If the marriage is valid reasons
In such case, if the first state follows the
2. If there is legal
nationality theory, and the second state
separation between the
follows the domiciliary theory, the
spouses, the wife can
problem of renvoi will most probably arise
have her own domicile
of choice
Four solutions the court can adopt when confronted
3. If there is a separation
with a renvoi problem
de facto, the wife can
1. Reject the renvoi
also have a separate
This means that the court does not want
the problem to be sent back to us.
Apply the same rules when
As in the case of the testate or intestate
If the marriage is the marriage is valid.
succession of a foreigner but domiciled in
voidable However, after annulment,
our country, we would simply apply his
the wife can freely select her
national law or the internal law of his
own domicile of choice
If the marriage is void The wife can have a domicile
2. Accept the renvoi
separate from the husband
Accept the referral or transmission of the
case back to us, so that instead of
Convict or prisoner His domicile is the one he applying the foreign internal law,
had possessed prior to his Philippine law is applied
incarceration Single renvoi or single transmission
Soldiers Their domicile is their 3. Follow the theory of desistment or the mutual
domicile before their disclaimer of jurisdiction theory
enlistment Refrain from applying the national law of
Public officials or Their domicile is the one the deceased foreigner, although our law
employees abroad they had before they were tells us to do so.
(diplomats, etc) assigned elsewhere, unless If said law follows the domiciliary theory
they voluntarily adopt their and directs that we apply the law of the
place of employment as domicile of the deceased, so in the end,
their permanent residence we still apply Philippine law

Lesley Claudio (A 2012) Page 8 of 22

Conflict of Laws Comprehensive reviewer of Sempio-Diy book

4. Apply the foreign court theory of his domicile) by a court of competent jurisdiction
We would simply do what the foreign is considered valid for all purposes
court would do if confronted with the
same case Absence, defined
Advantage of this theory is that regardless A special legal status pertaining to a person who has
of the forum, the applicable law will be the disappeared from his domicile, his whereabouts being
same unknown, without leaving an agent to administer his
Can also result in international ping pong property or even if he had left an agent, the power
conferred by the absentee on the agent has expired
Double renvoi One status of being absent is determined in
This occurs when the local court, in adopting the foreign accordance with his personal law
court theory, discovers that the foreign court accepts the Our own courts also have jurisdiction to declare an
renvoi. But since the foreign law remits the case to alien domiciliary in the Philippines as absent
Philippine law, being the law of the deceaseds domicile, the
foreign court may discover that Philippine law does not Judicial declaration of absence under Philippine law
accept the remission (as it applies the national law of the After the lapse of two years without any news about the
deceased) so the foreign court, sitting as a Philippine court, absentee or since the receipt of the last news, and five
would still apply its own internal law. This is then what our years if the absentee has left an administrator of his
court will apply. property, his absence may be declared

Theory of transmission v. renvoi Instances when an absentee may be presumed dead

Theory of transmission Renvoi and for what purposes
Transmission is the process Renvoi means to refer a 1. For purposes of remarriage the absentee may
of applying the law of a matter for consideration or be presumed dead after four years of absence,
foreign state thru the law of judgment the present spouses having a well-founded belief
a second foreign state that the absentee is already dead
Transmission involves three Renvoi involves two laws However, in case of disappearance where
laws there is danger of death, an absence of 2
years is enough
2. For all other purposes EXCEPT succession an
Chapter 11
absence of seven years, it being unknown whether
Conflict rules on status and capacity
or not the absentee still lives
3. For the purpose of succession an absence of
When human personality begins under our law 10 years is required, except if the absentee
Art. 40, NCC: Birth determines personality, but disappeared after the age of 75 years, in which
the conceived child shall be considered born for all case an absence of 5 years is enough to open his
purposes that are favorable to it, provided it be succession
born later with the conditions specified in the
following article What determines the age of majority in Conflict of
Art. 41, NCC: For civil purposes, the fetus is Laws?
considered born if it is alive at the time it is It is the personal law of the person that determines whether
completely delivered from the mothers womb. he has reached the age of majority or not.
However, if the fetus had an intra-uterine life of
less than 7 months, it is not deemed born if it dies Our conflicts rules on capacity to contract
within 24 hours after its complete delivery from the A persons capacity to contract is governed by his personal
maternal womb law, whether it is the lex nationalii or the lex domicilii
EX: Contracts involving real or personal property in
Personality really begins at conception, subject to the which cases the lex situs or lex rei sitae applies
following conditions: including the capacity of the contracting parties
1. The purpose is favorable to the fetus
2. If it is born alive under Art. 41 of the NCC Note: It is suggested that Article 15 of the CC applying the
nationality theory be limited to strictly family and domestic
Two kinds of children transactions, while the law governing the contract should
1. Ordinary With an intra uterine life of at least 7 govern ordinary day-to-day business contracts.
2. Extraordinary With an intra-uterine life of less Change of names and surnames
than 7 months, in which case it must live for at A change of name is a special proceeding to establish the
least 24 hours after complete delivery from the status of a person involving his relation with others. Aliens
mothers womb can ask for change of name in the Philippines, provided they
are domiciled here.
Note: In Conflict of Laws, personal law determines the But an alien whose citizenship is either
beginning of ones personality. controverted or doubtful cannot ask for a change of
Civil personality, when extinguished
Art. 42 of the NCC: Civil personality is extinguished by Legislative jurisdiction vs. judicial jurisdiction over
death ones status
Refers to physical death not civil death Legislative jurisdiction Judicial jurisdiction
A declaration of death in accordance with ones Legislative jurisdiction over Judicial jurisdiction over
personal law (whether his national law or the law ones status is the power of ones status is the power of

Lesley Claudio (A 2012) Page 9 of 22

Conflict of Laws Comprehensive reviewer of Sempio-Diy book

his personal law to govern the courts to decide EX: A foreign marriage of Filipinos in a foreign country will
his status wherever he goes questions or controversies still be void in the Philippines if:
concerning ones status 1. Either or both parties did not have legal capacity to
get married (Art. 35 (1))
Note: Thus, our courts can decide cases involving the 2. The marriage is immoral for being bigamous or
status and capacity of foreigners brought before them, but polygamous (Art. 35 (4))
in doing so, our courts will apply the personal law of the 3. Consent of one party is lacking, because of mistake
foreigner, whether it be his national law or the law of his as to the identity of the other (Art. 35 (5))
domicile, depending on what theory the country of his 4. One of the parties was psychologically
citizenship follows. incapacitated at the time of the marriage to comply
Example: Even if the personal law of the foreigner with the essential marital obligations (Art. 36)
allows divorce, he cannot apply for divorce from his 5. The marriage is incestuous (Art. 37)
spouse before a Philippine court because we do not 6. The marriage is void by reason of public policy
recognize divorce and our courts have no (Art. 38)
jurisdiction to grant divorces. However, a foreigner
who applies for legal separation in our country on a Note: Consular marriages of Filipinos abroad are valid (Art.
ground available under his national law but not 10, Family Code)
under our law, may obtain a favorable judgment
from our courts, because it is his national law on Conflicts rules on marriages between foreigners
legal separation that our courts will apply, but solemnized abroad
subject to our procedural law. 1. We still apply the rule of lex loci celebrationis, but
not the exceptions in the first par. of Art. 26 of the
Chapter 12 Family Code which apply only to Filipinos
Conflicts rules on marriage But universally considered incestuous
marriages and marriages that are highly
immoral are excepted
Philippine internal law on the formal validity of 2. Proxy marriages Not allowed under Philippine
marriages or the validity of marriage as a contract internal law
1. Essential requisites Rule in the US if permitted by the law of
(1) Legal capacity of the contracting parties the place where the proxy participates in
who must be male and female the marriage ceremony, proxy marriages
(2) Consent freely given in the presence of a are entitled to recognition insofar as the
solemnizing officer formal validity of the marriage is
2. Formal requisites concerned
(1) Authority of the solemnizing officer 3. Marriages on board a vessel on the high seas
(2) A valid marriage license Since the country whose flag the ship is flying has
(3) A marriage ceremony takes place with the jurisdiction over the ship, the rule is that
appearance of the contracting parties compliance with the law of the said country is
before the solemnizing officer and their required for the marriage to be valid
personal declaration that they take each 4. If the parties or at least the husband is a Muslim
other as husband and wife in the presence it is believed that we would recognize up to four
of not less than two witnesses of legal age marriages of the same husband (Philippine Muslim
Code on Personal Laws)
Note: The above formal requisites apply to foreigners who
get married in the Philippines. If one or both of the parties Mixed Marriages
are foreigners, the foreigner must submit a certificate of
Marriage between a If the marriage is valid
legal capacity to contract marriage issued by the diplomatic
Filipino and foreigner under the law of one of the
or consular officials of his/her country in the Philippines
ABROAD spouses while void under
before he/she can be issued a marriage license. Stateless
the law of the other, we
persons or refugees need only to submit an affidavit stating
should uphold the validity of
the circumstances showing such capacity to contract
the marriage, unless the
marriage is universally
incestuous or highly immoral
Common law marriages of foreigners
(the same rule as to
As to common law marriages of foreigners who come to the
foreigners who get married
Philippines as husband and wife, it would seem that we
should consider the marriage valid if valid under their
Marriage between a The national law of the
national law or the law of the place where the relationship
Filipino and a foreigner in Filipino Philippine law
began. But the marriage must not be contra bonos mores or
the PHILIPPINES should be followed
universally considered incestuous
otherwise our public policy
would be violated
Foreign marriages of Filipinos
GR: Under Art. 26 of the Family Code, all marriages outside
Two aspects of marriage as a status
the Philippines in accordance with the laws in force in the
1. Aspect of personal rights and obligations of the
country where they were solemnized and valid there as
such, shall also be valid in this country, except those
Purely personal and are not ordinarily
prohibited under Articles 35(1), (4), (5), and (6), 36, 37,
interfered with by the courts
and 38.
In other words, we follow the rule of lex loci

Lesley Claudio (A 2012) Page 10 of 22

Conflict of Laws Comprehensive reviewer of Sempio-Diy book

2. Aspect of their property relations Conflicts rules on the property relations of husband
The law lays down rules and judicial and wife
sanctions as they may affect public GR: Property relations of the spouses are governed by
interest Philippine law, regardless of the place of the celebration of
marriage and their residence (nationality theory)
Law governing personal relations of spouses in If one spouse is a Filipino (wife or husband) and
Conflict of Laws the other is an alien, Philippine law would still
1. Countries that follow the nationality theory (e.g. govern
Philippines) apply the spouses national law in
determining their personal relations with each EX:
other 1. If both spouses are aliens general rule in Conflict
2. Countries that follow the domiciliary theory the of Laws will apply
personal relations of the spouses are governed by 2. With respect to extrinsic validity of contracts
the law of their domicile affecting real property the lex situs will govern
the formalities to be observed for the contracts
Spouses of different nationalities: law governing their validity
personal relations
GR: The personal relations of the spouses are governed by Doctrine of immutability of matrimonial (property)
the national law of the husband regime of the spouses
Regardless of the change of nationality by the husband or
Alien woman who Ipso facto becomes a Filipino the wife or both, the original property regime that prevailed
marries a Filipino citizen if she does not suffer at the start of their marriage prevails
husband under any disqualification
for naturalization as a Immutability of the property regime v. immutability
Filipino citizen of the law governing the property regime
Immutability of the Immutability of the law
Personal relations: property regime governing the property
national law of the husband regime
shall govern (GR) A subsequent change of The law that creates and
A Filipina who marries an Constitution provides that nationality by the husband governs the property regime
alien husband she shall retain her or wife or both does NOT may change
Philippine citizenship, unless change the original property
by her act or omission, she regime
is deemed, under our law, to
have renounced her Annulment v. Declaration of nullity of marriage
citizenship Annulment Declaration of nullity
Remedy if the marriage is Remedy if the marriage is
Personal relations: Art. 80 voidable or annullable (valid void ab initio
of the Family Code provides until annulled)
that the national law of the
wife or Philippine law would Voidable v. void marriage legal effects
govern the spouses Voidable marriage Void marriage
personal relations (rule was It can be convalidated either It cannot be convalidated
intended to protect the by free cohabitation or
Filipino wife) prescription
The same property regime The only property
Conflict rules on the law governing personal relations as in a valid marriage is relationship between the
of spouses who change nationalities established between the parties is a co-ownership
General Rules spouses
1. If the spouses have the same nationality but they The children are legitimate if The children are illegitimate,
acquire a new nationality by their common act conceived before the decree except children of void
their new national law will govern their personal of annulment marriages under Art. 36 and
relations 53 of FC
2. If the husband alone changes his nationality after
the marriage the law of the last common Art. 36 children born
nationality of the spouses would govern under marriage that is void
3. If the spouses retain their different nationalities on the ground of psy.
after the marriage National law of both spouses Incapacity
should govern
RE: 3 Better solution: apply the national Art. 53 children born of
law of the husband at the time of the the first marriage of parties
marriage before said first marriage
EXCEPTIONS had been annulled or
1. If the national law of the husband violates public declared void, and those
policy of the forum who marry a second time
2. The national law of the wife happens to be the law without delivering the
of the forum presumptive legitime of the
children of their first

Lesley Claudio (A 2012) Page 11 of 22

Conflict of Laws Comprehensive reviewer of Sempio-Diy book

The marriage cannot be The marriage may be (3) Although the petitioner was a national of
attacked collaterally attacked directly or another country, he or she had his or her
collaterally residence in the place where the divorce
The marriage can no longer The marriage can still be was obtained
be impugned after the death impugned even after the 2. In the US, a state has a duty to recognize a divorce
of the spouses death of the spouses obtained in a sister state if the spouses were
domiciled in the latter state
Conflicts rules on annulment and declaration of nullity 3. A divorce obtained in a foreign country would be
of marriage recognized under the same circumstances that a
1. In Conflict of Laws, the grounds for annulment of divorce obtained from a sister state is given
marriage and for declaration of nullity of marriage recognition
are the grounds provided for by the law alleged to 4. in the Philippines, if both spouses are aliens, we
have been violated lex loci celebrationis or the recognize a decree of divorce obtained by them
law of the place where the marriage was abroad if valid under their national law
celebrated 5. If one of the spouses is a Filipino and the other an
Reason: Considering that it is the lex loci alien, we also recognize the divorce obtained by
celebrationis that is usually applied to the alien spouse abroad
determine whether a marriage is valid or
not, it is the same law that also Legal separation v. divorce
determines whether a marriage is voidable Legal separation Divorce
or void Relative divorce, only a Absolute divorce, dissolves
2. As for declaration of nullity of marriage between separation from bed and the marriage and the parties
two Filipinos abroad, the grounds are the board but the parties remain can marry again
exceptions to the lex loci celebrationis in Article 26 married
of the Family Code:
(1) Either or both parties did not have legal Legal separation v. annulment of marriage
capacity to get married (Art. 35 (1)) Legal separation Annulment
(2) The marriage is immoral for being Marriage is not defective Marriage is defective
bigamous or polygamous (Art. 35 (4)) Grounds arise after the Grounds must exist at the
(3) Consent of one party is lacking, because marriage time of or before the
of mistake as to the identity of the other celebration of the marriage
(Art. 35 (5)) Parties are still married to Marriage is set aside
(4) One of the parties was psychologically each other
incapacitated at the time of the marriage Grounds are those given by Grounds are those given by
to comply with the essential marital the national law or the the lex loci celebrationis
obligations (Art. 36) domiciliary law question is subject to certain exceptions
(5) The marriage is incestuous (Art. 37) one of status questions the very
(6) The marriage is void by reason of public existence of status
policy (Art. 38)
3. As to foreigners who get married abroad the Conflict rules on legal separation
exceptions to the lex loci celebrationis would be the 1. If the parties are of the same nationality grounds
same as those in marriages as a contract: for legal separation are those given by their
(1) Marriages that are highly immoral personal law (national law or domiciliary law)
(2) Universally incestuous marriages 2. If the parties are of different nationalities
4. Consular marriages either the national law or the grounds for legal separation are those under both
law of the domicile of the parties applies the personal law of the husband and wife

Courts that have jurisdiction over cases for Courts that may grant legal separation
annulment or declaration of nullity of marriage 1. Jurisdiction in the case of aliens is not assumed by
1. In the Philippines since we follow the nationality the forum unless the national law of the parties is
theory, our courts have jurisdiction willing to recognize its jurisdiction
Citizens and domiciliaries can file in the 2. In the Philippines, foreigners may ask for legal
Philippines, even if the defendant is a non- separation here, even if they did not get married in
resident this country. What is important is that the court
2. In other countries it is usually the courts of the has jurisdiction over both parties
parties domicile who have jurisdiction over such 3. Most countries assume jurisdiction over case for
cases since that is the place which has the greatest legal separation on the basis of the domicile of one
interest in the domestic relations of the spouses of the parties or the matrimonial domicile

Rules on the validity of foreign divorces by foreigners Note: It is NOT necessary that the cause for legal
abroad separation take place in the country for our courts to
1. Hague Convention states that a foreign divorce will have jurisdiction over the case.
be recognized in the contracting states if, at the
date of the filing of the proceedings: Grounds for legal separation under Philippine internal
(1) The petitioner or respondent had his or law (Article 55, FC)
her habitual residence in the state where 1. Repeated physical violence or grossly abusive
the divorce was obtained conduct against the petitioner, a common child, or
(2) If both spouses were nationals of said a child of the petitioner

Lesley Claudio (A 2012) Page 12 of 22

Conflict of Laws Comprehensive reviewer of Sempio-Diy book

2. Physical violence or moral pressure to compel the Law governing the rights and duties between parent
petitioner to change religious or political affiliation and child
3. Attempt to corrupt or induce the petitioner, a 1. If the child is legitimate either the common
common child, or a child of the petitioner, to personal law of the parents or the personal law of
engage in prostitution, or connivance in such the father if the parents are of different
corruption or inducement nationalities governs
4. Final judgment sentencing the respondent to 2. If the child is illegitimate The personal law of the
imprisonment of more than 6 years, even if mother is decisive, UNLESS the child is
pardoned subsequently recognized by the father, in which
5. Drug addiction or habitual alcoholism of the case the rules on legitimate children will be applied
6. Contracting by the respondent of a subsequent Doctrine of immutability of status
bigamous marriage, whether in the Philippines or The status of a child (whether legitimate or illegitimate) is
abroad not affected by a subsequent change of nationality of the
7. Lesbianism or homosexuality of the respondent parents
8. Sexual infidelity or perversion But the rights an duties of parent and child would
9. Attempt by the respondent against the life of the after the parents change of nationality, be
petitioner governed by the new national law of the parents
10. Abandonment of petitioner by respondent without
justifiable cause for more than one year Legitimation, defined
A process whereby children who in fact were not born in
Defenses to legal separation under Philippine internal lawful wedlock and should therefore be ordinarily considered
law (Article 56, FC) illegitimate children are by fiction of law and upon
1. Condonation of the offense or the act complained compliance with certain legal requirements, regarded by law
of as legitimate, it being supposed that they were born after
2. Consent of the aggrieved party to the commission their parents had already been validly married.
of the act or offense complained of
3. Connivance between the parties in the commission Conflicts rules on legitimation of children
of the offense or act constituting the ground for 1. The requisites of legitimation are generally
legal separation considered those prescribed by the national law of
4. Where both parties have given ground for legal the parents, and if the latter have different national
separation laws, the national law of the father
5. Collusion between the parties to obtain legal 2. In countries following the domiciliary theory, law of
separation the domicile of the parents, or in proper cases, the
6. Prescription law of the domicile of the father should govern

Note: The prescriptive period for filing of an action for legal Philippine internal law on legitimation of children
separation in the Philippines is 5 years from the time of the (Articles 177-182, FC)
occurrence of the case (Art. 57, FC) Requisites for legitimated children
1. The child was conceived AND born outside lawful
Chapter 13 wedlock
Status of Children 2. The parents at the time of the childs conception,
were not disqualified by any impediment to marry
each other
Conflict rules in determining legitimacy of children
1. If the parents are of the same nationality their
Note: Legitimation creates a permanent (immutable) status
common personal law (national law or law of
of the child
domicile) will be applied
2. If the parents are of different nationalities
personal law of the father governs
An act, which establishes a relationship of paternity and
filiation and in so doing, endows the child with legitimate
Legitimate and illegitimate children under Philippine
internal law
1. Legitimate children children conceived or born
Law which determines whether the relationship of
during the marriage of the parents
adoption has been created or not
2. Illegitimate children children conceived and born
1. The childs personal law
outside a valid marriage
2. If the child does not reside in the country of his
EX: Children born of void marriages under
citizenship the personal law of the adopter will
Article 36 (psychological incapacity) and
govern, or the personal law of the adopter and that
Article 53 (those born of the first marriage
of the child will be applied concurrently
of parties before said first marriage had
been annulled or declared void, and who
Law which determines the legal effects of adoption
marry a second time without delivering
The legal effects of adoption are determined by the same
the presumptive legitime of the children of
law that created the relationship of adoption
their first marriage are considered

Lesley Claudio (A 2012) Page 13 of 22

Conflict of Laws Comprehensive reviewer of Sempio-Diy book

Adoption by aliens in the Philippines Does adoption confer on the adopted child the
Under RA 8552 or the Domestic Adoption Act of 1998, aliens citizenship of the adopter?
(who are not even former Filipino citizens) can adopt in our No. Adoption does not confer on the adopted child the
country, provided: citizenship of the adopter. Adoption is a matter political and
1. The have the same qualifications as those required not civil in nature, and the ways in which it should be
of Filipino citizens conferred are outside the ambit of the Civil Code.
2. Their countries have diplomatic relations with our
country Chapter 14
3. They have been living in the Philippines for at least Wills, succession, and administration of the estate of
3 years prior to the filing of the petition for deceased persons
adoption, and maintain such residence until the
adoption decree is entered
Two theories or systems in determining the proper
4. The have been certified by their diplomatic or
law for the transmissions of successional rights
consular offices or by any appropriate government
1. Unitary or single system only one law
agency that they have the legal capacity to adopt
determines transmission of real as well as personal
in their own countries and
5. Their government allows the adopted child to enter
2. Split or scission system Succession to real
their own country as their adopted child
property is governed by the lex situs, while
succession to movable or personal property is
Special aliens who can adopt under RA 8552
governed by the law of the domicile of the
1. A former Filipino citizen who seeks to adopt a
deceased at the time of his death
relative within the 4th degree of consanguinity or
Note: In the Philippines, we follow the unitary or single
2. One who seeks to adopt the legitimate son or
system, in that Article 16 of the NCC applies the
daughter of his or her Filipino spouse
national law of the deceased, whatever may be the
3. One who is married to a Filipino citizen and seeks
nature of the property and regardless of the country
to adopt jointly with his or her spouse a relative
where the property is found
within the 4th degree of consanguinity or affinity of
the Filipino spouse
Extrinsic v. intrinsic validity of wills
These aliens need not comply with the residency in the
Extrinsic validity Intrinsic validity
Philippines and they also need not submit a certification that
they have the capacity to adopt from the diplomatic or Forms and solemnities of Substance of wills
consular office of their country in the Philippines or any wills
other government agency Deals with the forms and Concerns itself with:
solemnities in the making of 1. Order of succession
Note: RA 8552 still requires that the (alien) husband and wills which include: 2. Amount of
wife must jointly adopt. However in cases where the 1. Age and successional rights,
spouses are legally separated, the husband or the wife can testamentary and other matters
adopt alone, and the consent of the other spouse to an capacity of the of substance
adoption filed by one spouse is not necessary testator
2. Form of the will
Nature of adoption in Philippine law (notarial or
1. Adoption proceedings are always judicial an din holographic) etc
rem, i.e., publication is required
2. A mere agreement of adoption between the Conflicts rules in the Philippines on extrinsic validity
adopters and the parents of the child is not a valid of wills
adoption, nor the fact that the child had been 1. If a Filipino makes a will abroad - he may comply
adopted de facto (ampon) by the alleged adopting with the formalities of Philippine law (lex nationalii)
parents or the lex loci celebrationis (the law of the place
3. Neither is mere registration of the child in the civil where he was at the time of the execution of the
registry as the child of the adopter a valid will) Art. 815, NCC
adoption. This even amounts to the crime of 2. If an alien makes a will abroad - he may comply
simulation of birth with the formalities of his lex nationalii (law of the
4. The capacity and right of the adopter to file a country of which he is a citizen, the lex domicilii
petition for adoption are governed by the law in (law of his domicile0, or the lex loci celebrationis
force at the time the petition is filed, and cannot be 3. If an alien makes a will in the Philippines he may
impaired by a new law disqualifying him or her for comply with the formalities of his own country (lex
adoption nationalii) or of Philippine law (lex loci
Recognition of a foreign decree of adoption 4. Holographic wills must be entirely written, dated,
While there is no provision of law nor jurisprudence and signed by the hand of the testator. It is subject
expressly requiring the Philippines to recognize a foreign to no other form and may be made in or out of the
decree of adoption, it is believed that under Sec. 48 of Rule Philippines and need not be witnessed (Art. 810,
39 of the Rules on Civil Procedure, we can recognize such NCC)
foreign decree of adoption provided the foreign court had
jurisdiction to render said decree, and that there is no want Conflicts rules on joint wills
of notice, collusion, extrinsic fraud, or clear mistake of law 1. Filipinos cannot make joint wills whether he or
or fact leading to the foreign decree of adoption abroad

Lesley Claudio (A 2012) Page 14 of 22

Conflict of Laws Comprehensive reviewer of Sempio-Diy book

2. Joint wills made by aliens shall be considered valid 3. There is no period of prescription for the probate of
in the Philippines if valid according to their lex a will
nationalii or lex domicilii or if valid under lex loci 4. Wills proved and allowed in a foreign country
celebrationis according to the laws of each country may be
3. Joint wills made by aliens in the Philippines are allowed, filed, and recorded by the proper court in
void even if valid under their lex nationalii or lex the Philippines
domicilii in order that our public policy on joint wills 5. Although a foreign will had already been probated
may not be militated against in a foreign country, it still has to be reprobated in
4. A joint will executed by an alien and a Filipino the Philippines in accordance with our procedural
citizen abroad will be valid even as to the alien (if law it is sufficient to ask for the enforcement of
his national law or law of his domicile or lex loci the foreign judgment of the probate abroad
celebrationis allows it) but void as to the Filipino 6. The evidence necessary for the probate or
allowance of wills which have been probated
Conflicts rules on intrinsic validity of wills outside the Philippines are:
1. lex nationalii in countries that follow the (1) The due execution of the will in
nationality theory accordance with the foreign law because
2. lex domicilii in countries that follow the we cannot take judicial notice of foreign
domiciliary theory laws
(2) The testator had his domicile in the
What governs the intrinsic validity of wills in the foreign country where the will was
Philippines probated
The NCC applies the lex nationalii of the decedent (3) The will had been admitted to probate in
Note: in case of conflict between the nationality said country
theory and the domiciliary theory, we can treat the (4) The foreign tribunal is a probate court
case as one of renvoi so that we can still apply (5) The laws of the foreign country on
Philippine law even if the deceased was a citizen of procedure and allowance of wills were
another country followed

Administration of estate of deceased persons

Conflicts rules if a person dies intestate Administration is the process of determining and realizing
1. In civil law countries the national law of the the assets of a deceased person, the payment of the debts
decased applies of the estate, and the actual distribution of the residue to
2. In common law countries the lex domicilii of the the heirs
deceased at the time of death applies with respect
to personalty, while the lex situs applies with Conflicts rules on administration of estate of
respect to real property deceased by persons
1. Administration is procedural in nature. It is the lex
Conflicts rules on revocation of wills fori that governs not the law that determines how
1. Under Art. 829 of the NCC, a revocation done the estate of the deceased is to be distributed
outside the Philippines by a person who does not 2. In charge of the administration is the executor or
have his domicile here is valid if done according to: an administrator with a will annexed or an
(1) The law of the place where the will was administrator
made (lex loci celecbrationis) or
(2) The law of his domicile at the time of Executor Administrator Administrator
revocation (lex domicilii) with a will
Note: ignores the law of the place of annexed
revocation Appointed by Appointed by Appointed by
2. If the revocation is done in the Philippines, it is testator in the court if the court if
valid if made in accordance with the provisions of his will there is a will there is no will
our CC but no executed
3. If the revocation is done outside the Philippines by is designated
a person who is domiciled here, it is valid if made therein
in accordance with our law (lex domicilii) or lex loci
actus of the revocation (the place where the 3. The executor is qualified, and the administrator of
revocation was made) the estate is appointed, by the court of the country
where the deceased was domiciled at the time of
Probate, defined his death, or if he was a non-domiciliary, the
Probate is the process of proving before a competent court country where his properties are found
the due execution of a will, that the testator was possessed 4. The rights, powers, and duties of the executor or
of testamentary capacity, and the approval by said court of administrator are coextensive with the territorial
the will jurisdiction of the court that qualified or appointed
Conflict rules on probate of wills 5. Principal domiciliary administration v. ancillary
1. The allowance of disallowance of a will is administration
essentially procedural, so that the law of the forum
applies to all procedural matters Principal domiciliary Ancillary
2. Art. 838, 1st par: now will shall pass either real administration administration
or personal property unless it is proved and Administration granted Administration in other
allowed in accordance with the Rules of Court in the country of the countries where the

Lesley Claudio (A 2012) Page 15 of 22

Conflict of Laws Comprehensive reviewer of Sempio-Diy book

deceaseds last domicile deceased also left 2. Contracts involving real property but do not deal
properties with title or real rights over the property, the issue
being the contractual rights and liabilities of parties
6. The domiciliary administrator of the estate of a governed by the proper law of the contract (lex
deceased American citizen in the US has no power loci voluntatis or lex loci intentionis)
over and is not entitled to the possession of the 3. In contracts where real property is given as
stock certificates of shares of stock by the security by way of mortgage to secure a principle
deceased in a Philippine corporation, which contract (i.e. loan) loan is governed by the
certificates must be delivered to the ancillary proper law of the contract which the mortgage is
administrator governed by the lex situs
4. While the validity of the transfer of land must be
Caduciary rights of state in Conflict of Laws determined by the lex situs, the validity of the
There are two theories adopted by different states so that contract to transfer is determined by the proper
they may claim the properties left by a deceased who left law of the contract
no heirs and no will:
1. Some countries adopt the theory that such Rules in giving constructive situs to choses in
properties have become ownerless (bona vacantia) possession that are usually in motion
hence they should revert to the State where they VESSELS
are situated by escheat Public vessel Law of the flag
properties pass to the State as an incident of Private or commercial Law of the country or
sovereignty, not as an heir vessel place of registry
2. In the Philippines and some civil law countries If vessel is docked at a Said port is deemed as its
the theory adopted is that the State is the last heir foreign port temporary situs
of a deceased person. Hence, the State succeeds GOODS IN TRANSIT
to the properties left by said deceased as an heir. As to liability for loss, Law of destination (Art.
destruction, or 1734, CC)
deterioration of goods
Chapter 15 in transit
PROPERTY The validity and effect Law of the place where
of seizure of goods in the goods were seized
Conflict rules on real property and personal property transit (temporary situs)
GR: lex situs/ lex re sitae law of the place where the Disposition or Proper law of the contract
property is located alienation of goods in (lex loci voluntatis or lex
transit loci intentionis)
Old rule on law on personal property/movables -
Mobilia sequuntur personam Rules in giving constructive situs to intangible
Personal effects or belongings of owner carried with personal properties or choses in action
him wherever he went. CREDITS OR DEBTS
Given artificial status since did not have fixed status Involuntary transfer of The situs of the place
personal law of the owner assignment of a debt where the debtor may be
(garnishment) served (usually his
Philippine rule on personal properties domicile)
Art. 15 of the CC real property as well as personal The proper law of the
property is subject to the law of the country where it is contract (the proper law
situated of the original transaction
out of which the chose in
Matters governed by lex situs with respect to real action or credit arose)
1. Extrinsic validity Other theories:
2. Intrinsic validity 1. The law of the
3. Capacity of contracting parties Voluntary assignment place where the
4. Interpretation of documents or transfer of credit assignment is
5. Effects of ownership executed
6. Co-ownership 2. The law of the
7. Accession place where
8. Usufruct performance or
9. Lease payment is
10. Easement normally
11. Quieting of title expected
12. Registration 3. The national law
13. Prescription of the parties
14. Police power Situs of a debt for Domicile of creditor
15. Eminent domain taxation purposes
16. Taxation Administering debts Situs is the place where
the assets of the debtor
Exceptions to the rule on lex situs with respect to real are situated
1. Succession governed by national law (in The law that Law governing rights
Philippines) not lex situs

Lesley Claudio (A 2012) Page 16 of 22

Conflict of Laws Comprehensive reviewer of Sempio-Diy book

determines whether embodied in the agreement related to

the instrument is instrument intellectual property rights
negotiable or not to which the Philippines is
Note: American also a party or which
Restatement claims that extends reciprocal rights
the situs is the place to our nationals by law,
where the instrument was shall be entitled to the
executed benefits to the extent
The law that The law of the situs of the necessary to give effect to
determines the validity instrument at the time of any provision of such
of the transfer, transfer, delivery, or convention.
delivery, or negotiation negotiation
of the negotiable - Foreign corporation even
instrument if not engaged in business
Sale of shares of stocks Law of the place of nevertheless bring a civil
incorporation since or administrative action,
transfer is recorded in the for opposition,
books of the corporation cancellation, infringement,
Sale of corporate Governed by the proper or unfair competition.
shares as between the law of the contract (lex
parties loci voluntatis or lex loci
intentionis) Chapter 16
Taxation on dividends Law of the place of CONTRACTS
received by corporate incorporation
shares Contract, defined
FRANCHISES Art. 1305, NCC: Meeting of minds between two persons
Franchises Law of the state that whereby one binds himself, with respect to the other, to
- special privileges granted them give something or to render some service.
conferred by the The specific subject of contract in Conflict of Laws
government on an is limited to purely civil or commercial transactions.
individual or corporation
Goodwill of a business Conflicts rules in determining extrinsic validity of
Goodwill of business Good will of business and contracts
taxation thereon are GR: the extrinsic validity of contracts is governed by the lex
-Art. 521, NCC: property governed by the law of loci celebrationis/ lex loci contractus
and may be transferred the place where the
together with the right to business is carried on Variations to the rule of lex loci intentions in
use the name under which determining extrinsic validity of contracts
the business is conducted 1. A contract entered into by parties in two different
countries by cablegram, telex, or fax
Goodwill Art. 1319 par. 2: Acceptance made by
-The patronage of any letter or telegram does not bind the
established trade or offeror except from the time it came to his
business knowledge. The contract in such a case is
Patents, copyrights, trademarks, trade names, presumed to have been entered in the
and service marks place where the offer was made
Patents, copyrights, GR: in the absence of a American law: contract is deemed
trade marks, trade treaty, protected only by entered into in the place where the
names the state that granted or acceptance of the offer is posted or mailed
recognized them 2. Place of execution was merely casual or accidental
The law which has the most significant
Art. 520, NCC: a trade relationship to the transaction should be
mark or a trade name applied
duly registered in the 3. (EX) When the lex loci contractus/lex loci
proper government celebrationis contravenes an established and
bureau or office is owned important policy of the forum, or to apply it would
by and pertains to the work gross injustice to the people of the forum, or
person, corporation, or if the transaction is contra bonos mores
firm registering the same,
subject to the provisions Conflict rules in determining capacity of parties to a
of special laws contract
GR: Capacity to enter into contracts is generally governed
Intellectual property by the personal law of the parties
Code: Any foreign In Phil., Art. 15 NCC: Capacity of a Filipino is
corporation being a governed by Philippine law (nationality theory)
national or domiciliary o a
country which is a party to
a convention, treaty, or

Lesley Claudio (A 2012) Page 17 of 22

Conflict of Laws Comprehensive reviewer of Sempio-Diy book

EX: Contracts involving alienation or encumbrance of Extrinsic Capacity Intrinsic

property both real and personal capacity is governed by validity of validity
the lex situs parties
Barter, sale, Lex situs Lex situs Lex situs
Conflict rules in determining intrinsic validity of donation
contracts Lease of Lex situs Lex situs Lex situs
1. GR: Intrinsic Validity of contracts is governed by property:
the proper law of the contract lex loci voluntatis creates real
or lex loci intentionis rights
2. American Law (Second Restatement): Lease of Lex loci Personal Lex
(1) law to be applied should be the law property: celebrationis law of voluntatis
chosen by the parties does not the or lex loci
(2) If none, the law of the state which has the create real parties intentionis
most significant relationship to the parties rights
or to the transaction Pledge, Lex situs Lex situs Lex situs
3. Prof. Raleigh Minor advocates application of chattel
different laws: mortgage,
(1) As to the perfection of contract: lex loci real estate
celebrationis mortgage,
(2) As to the validity of the consideration antichresis
lex loci considerationis Contract of Lex loci Personal Lex loci
(3) As to questions of performance lex loci loan: mutuum celebrationis law of voluntatis
solutionis the or lex loci
parties intentionis
Philippine conflict rules on intrinsic validity of Contract of Lex situs Lex stius Lex situs
contracts loan:
1. We have no specific provision of law applicable to commodatum
conflict rules on the intrinsic validity of contracts
Lease of Lex loci Personal Lex loci
However the policy of our law is to give service, celebrationis law of volntatis
effect to the intention of the parties
agency, parties or lex loci
2. We should apply the proper law of the contract (lex guaranty, intentionis
loci voluntatis (express) or lex loci intentionis
Note: Agency
Limitations to the courts choice of law in determining to alienate or
the intrinsic validity of contracts
encumber real
1. Generally, the parties cannot select a law that has property is
no connection at all with the transaction
governed by lex
2. If the law selected should change, it is the new law situs
that should be applied
Lex loci Personal Lex loci
EX: Change of new law is so revolutionary
celebrationis law of voluntatis
that it could never have been
contemplated by parties
Liability for loss, destruction,
3. Several laws may be selected, each of which will
deterioration of goods in transit: law
govern the different elements of the transaction
of destination of goods (Art. 1753,
4. If under the selected law, the contract is legal but
in the place of performance, it is illegal, the
selected law should prevail (valid contract)
If COGSA applies, limiation on
5. Questions of substantial and essential validity
liability applies, unless the shipper
(void, valid, voidable) of the contracts should be
declares value of goods and inserts
governed by the proper law of the contracts
such declaration in the bill of lading
Minor details: time of payment, etc.
Contract of
should be governed by the law of
transportation Contract for air transportation
or carriage (Warsaw Convention)
6. Parties cannot stipulate on the jurisdiction of the
(render 1. The liability of the airline in case
courts our oust or courts jurisdiction
services) of death, injury to passengers,
7. The parties cannot contract away applicable
or loss or damage to cargo is
provisions of law
governed by Warsaw
8. American law recognizes cognovit clauses if the
parties were of equal bargaining power and debtor
2. If there was malice, gross
and the debtor voluntarily agreed to said clause
negligence, or bad faith, or
Cognovit clauses: specify which courts
improper discrimination, carrier
would have jurisdiction in case of breach
is liable for damages beyond
or default in payment, or it may waive
those limited by Warsaw
debtors right to notice (confession of
Note: if contracts involve encumbrances of property,
real or personal, apply lex situs. If personal contracts,
law on contracts will apply

Lesley Claudio (A 2012) Page 18 of 22

Conflict of Laws Comprehensive reviewer of Sempio-Diy book

3. Qavers principle of preference Under this

Chapter 17 theory, a higher standard of conduct and financial
TORTS protection given to the injured party by one state is
applied by the State where the injury happened, if
the latter state adopts a lower standard of conduct
Tort, defined
and financial protection to the injured
Legal wrong committed upon person or property
independent of contract
Conflict rules on maritime torts
Spanish law: quasi delict/culpa aquiliana fault or
1. If the tort is committed abroad a public vessel,
whether on the high seas or in foreign territorial
American law: broader fault or negligence and
waters, the law of the flag is the lex loci delicti
also those committed with malice or willful intent
2. If the tort is committed aboard a private or
Concept of tort in the Philippines
merchant vessel on the high seas, the law of the
Blending of both Spanish and American laws
registry is the lex loci delicti commissii
Art. 20 NCC: Every person who, contrary to law,
3. If two vessels collide and are from the same state,
willfully or negligently causes damage to another,
the law of registry is the lex loci delicti commissii
shall indemnify the latter for the same.
4. If the vessels come from different states with
Art. 2176 NCC: Whoever by act or omission
identical laws, apply said identical laws
causes damage to another, there being fault or
5. If the vessels come from different states with
negligence, is obliged to pay for the damage done.
different laws, the lex loci delicti commissii is the
Such fault or negligence, if there is no pre-existing
general maritime law as understood and applied by
contractual relation between the parties, is called a
the forum where the cas eis filed
quasi-delict and is governed by the provisions of
this Chapter.
Foreign tort to be actionable/subject of an action for
damages in the Philippines Requisites/Conditions
Law governing liability for torts in Conflict of Laws
1. Must acquire jurisdiction over the defendant (action
Liability for torts in general is governed by the lex loci delicti
for damages is action in personam)
commissi (law of the place where the delict or wrong was
2. Foreign tort must not be penal in character
3. The enforcement of the tortuous liability should not
State where the social disturbance occurred has
contravene our public policy
the primary duty to redress the wrong and
4. Our judicial machinery must be adequate for such
determine the effects of the injury; and
To compensate victim for the damage or injury
Note: all procedural matters are governed
by the lex fori Phil law).
Substantive matters are governed by the
Three theories in determining locus delicti
lex loci delicti commissii, thus:
1. Civil law theory The locus delicti is the place
(1) Period of prescription of the
where the act began
action is governed by lex loci
2. Common law theory The locus delicti is the
delecti commissii because in
place where the wrongful act became effective
Philippine law, prescription is
3. Theory of Dr. Rabel The locus delicti is the
substantive not procedural
place which has the most substantial connection
(2) Proper parties, measure of
with the wrongful act
damages, and the question
whether the acts complained of
Modern theories in determining liability for torts
is considered the proximate
1. State of the most significant relationship the
cause of the injury are
rights and obligations of parties in a case of tort is
governed by the lex loci delicti
determined by the local law of the state which,
with respect to the particular issue, has the most
(3) The burden of proof and
significant relationship to the occurrence and the
defenses that may be
interposed by defendant are
also governed by lex loci delicti
2. The interest-analysis approach This approach
considers the relevant concerns that two or more
states may have in the case and their respective
interests in applying their laws to it
If however, the case poses a real conflict Chapter 18
between two or more States, if the CRIMES
interested forum finds that he other State
has a greater claim in the application of its Tort v. Crime
law to a given case, the forum should Tort Crime
yield and apply the law of the other state. Both are wrongs
If the forum is disinterested in the case, it Violates private rights Committed against state
can dismiss the same on the ground of Instituted by injured person Prosecuted in the name of
forum non conveniens against wrongdoer in civil the State against the
In short, the state which has the more case, the purpose of which offender in criminal actions
relevant and weighty interests in the case is indemnification for for the purpose which are
should be considered the locus delicti damages suffered protection and vindication of

Lesley Claudio (A 2012) Page 19 of 22

Conflict of Laws Comprehensive reviewer of Sempio-Diy book

interests of the public as a Note: In the Philippines, we follow as a GENERAL RULE the
whole, punishment of the territorial theory, and by way of EXCEPTION, the protective
offender, the reformation of theory
offender, or to deter others
from committing the same Cases where we follow the protective theory
act Art. 2, RPC: Except as provided in the treaties and laws of
Transitory in character Local in character and can preferential application, the provisions of this Code shall be
tortfeasor can be made be prosecuted only in the enforced not only within the Philippine Archipelago,
liable for his wrongful act in place or states where the including its atmosphere, its interior waters and maritime
any jurisdiction where he crimes are committed zone, but also outside of its jurisdiction, against those who:
may be found 1. Should commit an offense while on a Philippine
ship or airship;
Note: The determination of whether a wrongful act is a tort 2. Should forge or counterfeit any coin or currency
or crime depends on the characterization of the act in the note of the Philippine Islands or obligations and
state where said act is committed securities issued by the Government of the
Philippine Islands;
Different theories that determine whether a state or a 3. Should be liable for acts connected with the
legal system has jurisdiction to take cognizance of introduction into these islands of the obligations
criminal cases and securities mentioned in the preceding number;
Under this theory, the state 4. While being public officers or employees, should
where the crime was commit an offense in the exercise of their
Territorial theory committed has jurisdiction functions; or
to try the case, and its penal 5. Should commit any of the crimes against national
code and the penalties security and the law of nations
described therein will apply
Jurisdiction over crimes committed on board a foreign
Subjective territorial vessel if said vessel is within territorial waters
principle English Rule French Rule
The state where the crime Emphasizes territorial Emphasizes nationality
was begun may prosecute principle theory
the same, even if it was The territory where the The State whose flag is
completed in another state crime was committed will flown by the vessel has
have jurisdiction EXCEPT: jurisdiction EXCEPT
Objective territorial 1. In matters relating if the crime affects the
principle to internal order peace, order, security, and
The state can prosecute and disciple of the safety of the territory
crimes began abroad but vessel and
completed within its territory 2. Those which affect
The country of which the solely the ship and
criminal is a citizen or its occupants such
subject has jurisdiction to as minor or petty
Nationality or personal try him for crimes allegedly criminal offenses
theory committed by him, whether committed
inside or outside its
territory, provided it is a Note: Under Art. 27 of UNCLOS, Philippine courts do not
crime under said countrys acquire jurisdiction over crimes committed on board a
penal law vessel even if it is within our territorial waters as long as the
Protective theory Any state whose national effect of such crime does not disturb our peace and order.
interests may be This is similar to the French rule.
jeopardized has jurisdiction
over criminal offenses, even
if it is committed outside its Chapter 19
territory and even if BUSINESS ASSOCIATIONS
committed by an alien
Real or eclectic theory Any state whose penal code Corporation, defined
has been transgressed upon Sec. 2 of Corporation Code: An artificial being created by
has jurisdiction, whether the operation of law, having the right of succession and the
crime was committed inside powers, attributes, and properties expressly authorized by
or outside its own territory law or incident to its existence
Cosmopolitan or Any state where the criminal
universality theory is found or which has Foreign corporation, defined
obtained custody over him Sec. 123 of Corporation Code: One formed, organized, or
can try him, unless existing under any laws other than those of the Philippines
extradition applies and whose laws allow Filipino citizens and corporations to do
The state of which the victim business in its own country or state
Passive personality or is a victim or subject has
passive nationality theory jurisdiction to prosecute the

Lesley Claudio (A 2012) Page 20 of 22

Conflict of Laws Comprehensive reviewer of Sempio-Diy book

Theories in determining the personal law or 3. On any of its officers or agents within the
governing law of a corporation Philippines (Rules of Court)
1. The theory that the personal law is the law of the
place of incorporation Status of a contract of a foreign corporation who
2. The theory of the place or center of management transacts business here without the necessary license
3. The theory of the place of exploitation Unenforceable, but the person who contracted with the
corporation may be in estoppel if he had received benefits
Note: In the Philippines, we follow the theory of the place of from contract
Instances when a foreign corporation not doing
Domicile of a corporation business in the Philippines can sue in Philippine
Art. 51 of NCC: When the law creating or recognizing them, courts
or any other provision does not fix the domicile of judicial 1. Isolated transactions
persons, the same shall be understood to be the place 2. To protect its reputation, corporate name, and
where their legal representation is established or where goodwill
they exercise their legal functions 3. For infringement of trademark or trade name
Under Corporation Code, the place of incorporation
of a Philippine corporation is also its domicile Law that applies to multinational or transnational
As for a foreign corporation that has been granted corporations
a license to operate or to do business in the These are actual branches of big mother corporations. The
Philippines, it acquires domicile in this country by branches having incorporated in the states where they are
virtue of said license established are governed by the internal law of said states,
and their personal laws are the local laws of host states
Exceptions to the theory that the personal law or the
nationality of a corporation follows the place of its
incorporation Partnership
1. For constitutional purposes even if a corporation A partnership exists when two or more persons bind
was incorporated in the Philippines, it cannot themselves to contribute to money, property, or industry to
exploit or develop our natural resources nor a common fund, with the intention of dividing the profits
operate public utilities unless 60% of the capital is among themselves (Art. 1767, NCC)
Filipino owned (Constitution) A partnership, like a corporation, has a juridical
2. For wartime purposes We adopt the control test personality separate and distinct from that of each
we pierce the veil of corporate identity and go of the partners
into the nationality of the controlling stockholders
to determine whether a corporation is an enemy Personal or governing law of a partnership
corporation Law of the country where it is created

Matters that are governed by the personal law of the Domicile of a partnership
corporation Art. 51 of NCC: The place where their legal representation is
1. Requisites for the formation of the corporation established or where they exercise their principal functions
2. Required number of incorporators and the
members of the board of directors
3. The kinds of shares of stock allowed Chapter 20
5. The issuance, amount, and legality of dividends JUDGMENTS
6. The powers and duties of the officers, stockholders,
and members
Enforcement v. recognition
Enforcement of foreign Recognition of foreign
Law that determines the validity of corporate acts and
judgment judgment
Determined by the place of incorporation AND by the law of Means that the plaintiff or Means that eh defendant or
the place of performance petitioner wants the court to respondent is presenting the
positively carry out and foreign judgment on the
May a foreign corporation sue and be sued in the make effective the foreign basis of res judicata
Philippines? judgment
Yes, if it has the necessary license to do business in the Implies an act of Involves merely a sense of
Philippines. The license is required not to forbid the foreign sovereignty justice
corporation from performing single acts but to prevent it Requires separate action or Being a matter of defense,
from acquiring a domicile for purposes of business without proceeding brought precisely recognition needs no action
taking the steps necessary to render it amenable to suit in to make foreign judgment or proceeding but implies
the local courts effective that an action or proceeding
has already been filed
Jurisdiction over foreign corporations doing business against the defendant who is
in the Philippines, how acquired invoking the foreign
By service of summons on: judgment
1. Its resident agent Enforcement cannot exist Recognition does not need
2. If no such agent, on the government official without recognition or does not require
designated by law to that effect; or enforcement

Lesley Claudio (A 2012) Page 21 of 22

Conflict of Laws Comprehensive reviewer of Sempio-Diy book

Reasons why a local court in the Philippines may

refuse to recognize or enforce a foreign judgment
1. The requisite proof of the foreign judgment may
not have been presented
The manner of proving a foreign judgment
is the same as proving a foreign law
2. The foreign judgment may contravene a recognized
and established policy in our country
3. The administration of justice in the country where
the judgment came from may be shockingly
corrupt or not beyond reproach

Conditions or requirements before a local court in the

Philippines can enforce or recognize a foreign
1. There must be adequate proof of the foreign
2. The judgment must be on a civil or commercial
matter, not on a criminal, revenue, or
administrative matter
3. There must be NO:
(1) Lack of jurisdiction
(2) Want of notice
(3) Collusion
(4) Clear mistake of law or fact
4. The foreign judgment must not contravene a sound
and established public policy of the forum
5. The judgment must be res judicata:
(1) The judgment must be final
(2) Foreign court must have jurisdiction over
subject matter and parties
(3) The judgment must be on the merits; and
(4) There was identity of parties, subject
matter, and cause of action

Effects of foreign judgments in the Philippines under

Rules of Court
Sec. 48, Rule 39, 1997 Rules on Civil Procedure provides:
The effect of foreign judgment or final order of a foreign
country, having jurisdiction to render the judgment or final
order is as follows:
(a) In case of a judgment or final order upon a
specific thing, the judgment or final order is
conclusive upon the title to the thing and
(b) In case of a judgment or final order against a
person, the judgment or final order is
presumptive evidence of a right as between the
parties and their successors in interest by a
subsequent title
In either case, the judgment or final order may be repelled
by evidence of a want of jurisdiction, want of notice to the
party, collusion, fraud, or clear mistake of law or fact.

Lesley Claudio (A 2012) Page 22 of 22