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1. That part of the law of each state or nation which determines whether, in dealing with
a legal situation, the law or some other state or nation will be recognized, given
effect, or applied (16 Am Jur, 2d, Conflict of Laws, §1).
2. That part of municipal law of a state which directs its courts and administrative
agencies, when confronted with a legal problem involving a foreign element, whether
or not they should apply a foreign law/s (Paras).
SOURCES:
DIRECT:
1. Constitutions
2. Codifications
3. Special Laws
4. Treaties and Conventions
5. Judicial Decisions
6. International Customs
INDIRECT:
1. Natural moral law
2. Work of writers
TERMS:
LEX DOMICILII - law of the domicile; in conflicts, the law of one's domicile applied in the
choice of law questions
LEX FORI - law of the forum; that is, the positive law of the state, country or jurisdiction of
whose judicial system of the court where the suit is brought or remedy is sought is an
integral part. Substantive rights are determined by the law where the action arose (lex
loci) while the procedural rights are governed by the law of the place of the forum (lex
fori)
LEX LOCI - law of the place
LEX LOCI CONTRACTUS - the law of the place where the contract was made or law of the
place where the contract is to be governed (place of performance) which may or may not
be the same as that of the place where it was made
LEX LOCI REI SITAE - law of the place where the thing or subject matter is situated; the
title to realty or question of real estate law can be affected only by the law of the place
where it is situated
LEX SITUS - law of the place where property is situated; the general rule is that lands and
other immovables are governed by the law of the state where they are situated
LEX LOCI ACTUS - law of the place where the act was done
LEX LOCI CELEBRATIONIS - law of the place where the contract is made
LEX LOCI SOLUTIONIS - law of the place of solution; the law of the place where payment
or performance of a contract is to be made
LEX LOCI DELICTI COMMISSI - law of the place where the crime took place
LEX MEREATORIA - law merchant; commercial law; that system of laws which is adopted
by all commercial nations and constitute as part of the law of the land; part of common
law
LEX NON SCRIPTA - the unwritten common law, which includes general and particular
customs and particular local laws
LEX PATRIAE - national law
RENVOI DOCTRINE - doctrine whereby a jural matter is presented which the conflict of
laws rules of the forum refer to a foreign law which in turn, refers the matter back to the
law of the forum or a third state. When reference is made back to the law of the forum,
this is said to be "remission" while reference to a third state is called "transmission."
NATIONALITY THEORY - by virtue of which the status and capacity of an individual are
generally governed by the law of his nationality. This is principally adopted in the RP
DOMICILIARY THEORY - in general, the status, condition, rights, obligations, & capacity of
a person should be governed by the law of his domicile.
LONG ARM STATUTES - Statutes allowing the courts to exercise jurisdiction when there
are minimum contacts between the non-resident defendant and the forum.
Contracts involving real property which The law intended will be the proper law
do not deal with the title thereto of the contract (lex loci voluntantis or
lex loci intentionis)
Contracts where the real property is The principal contract (usually loan) is
given as security governed by the proper law oft the
contract – (lex loci voluntatis or lex loci
intentionis)
NOTE: the mortgage itself is governed
by lex rei sitae. There is a possibility
that the principal contract is valid but
the mortgage is void; or it may be the
other way around. If the principal
contract is void, the mortgage will also
be void (for lack of proper cause or
consideration), although by itself, the
mortgage could have been valid.
TANGIBLE PERSONAL PROPERTY (CHOSES IN POSSESSION)
1 IN GENERAL Lex rei sitae (Article. 16, CC)
Exceptions: same as those for real EXCEPTION: same as those for real
property property EXCEPT that in the example
concerning mortgage, the same must
be changed to pledge of personal
property)
2 MEANS OF TRANSPORTATION
Disposition or alienage of the goods Lex loci volutantis or lex loci intentionis
– because here there is a contract
FACTUAL SITUATION POINT OF CONTACT
INTANGIBLE PERSONAL PROPERTY
(CHOSES IN ACTION)
1 Recovery of debts or involuntary Where debtor may be effectively served
assignment of debts (garnishment) with summons (usually the domicile)
2 Voluntary assignment of debts Lex loci voluntatis or lex loci intentionis
(proper law of the contract)
OTHER THEORIES:
a. National law of the debtor or creditor
b. Domicile of the debtor or creditor
c. Lex loci celebrationis
d. Lex loci solutionis
3 Taxation of debts Domicile of creditor
4 Administration of debts Lex situs of assets of the debtor (for
these assets can be held liable for the
debts)
5 Negotiability or non-negotiability of an The right embodied in the instrument
instrument (for example, in the case of a Swedish
bill of exchange, Swedish law
determines its negotiability)
6 Validity of transfer, delivery or In general, situs of the instrument at the
negotiation of the instrument time of transfer, delivery or negotiation
7 Effect on a corporation of the sale of Law of the place incorporation
corporate shares
8 Effect between the parties of the sale of Lex loci voluntatis or lex loci intentionis
corporate shares (proper law of the contract) – for this is
really a contract; usually this is the
place where the certificate is delivered)
9 Taxation on the dividends of corporate Law of the place of incorporation
shares
10 Taxation on the income from the sale of Law of the place where the sale was
corporate shares consummated
11 Franchises Law of the place that granted them
12 Goodwill of the business & taxation Law of the place where the business is
thereto carried on
13 Patents, copyrights, trademarks, trade In the absence of a treaty, they are
names protected only by the state that granted
them
NOTE: foreigners may sue for
infringement of trademarks and trade
names in the RP ONLY IF Filipinos are
granted reciprocal concessions in the
state of the foreigners
Wills, Succession & Administration of Conflict Rules
FACTUAL SITUATION POINT OF CONTACT
EXTRINSIC VALIDITY OF WILLS
1 Made by an alien abroad Lex nationalii OR lex domicilii OR RP
law (Article 816, CC), OR lex loci
celebrationis (Article 17(1))
2 Made by a Filipino abroad Lex nationalii OR lex loci celebrationis
(Article 815)
3 Made by an alien in the RP Lex nationalii OR lex loci celebrationis
(Article 817)
FACTUAL SITUATION POINT OF CONTACT
EXTRINSIC VALIDITY OF JOINT WILLS (MADE IN
THE SAME INSTRUMENT)
RULES ON TORTS
FACTUAL SITUATION POINT OF CONTACT
Liability & damages for torts in general Lex loci delicti (law of the place where the
delict was committed)
NOTE: The locus delicti (place of
commission of torts) is faced by the NOTE: liability for foreign torts may be
problem of characterization. In civil law enforced in the RP if:
countries, the locus delicti is generally a. The tort is not penal in character
where the act began; in common law b. If the enforcement of the tortious
countries, it is where the act first became liability won’t contravene our public
effective policy
c. If our judicial machinery is adequate
for such enforcement
RULES ON CRIMES
FACTUAL SITUATION POINT OF CONTACT
ESSENTIAL ELEMENTS OF A CRIME AND Generally where committed (locus regit
PENALTIES actum)
THEORIES AS TO WHAT COURT HAS JURISDICTION:
a. Territoriality theory – where the crime was committed
b. Nationality theory – country which the criminal is citizen or a subject
c. Real theory – any state whose penal code has been violated has jurisdiction,
where the crime was committed inside or outside its territory
d. Protective theory – any state whose national interests may be jeopardized has
jurisdiction so that it may protect itself
e. Cosmopolitan or universality theory – state where the criminal is found or which
has his custody has jurisdiction
f. Passive personality theory – the state of which the victim is a citizen or subject has
jurisdiction
NOTE: In the RP, we follow the territoriality theory in general; exception: Article 2,
RPC, stresses the protective theory
THE LOCUS DELICTI OF CERTAIN CRIMES
1 Frustrated an consummated, homicide, Where the victim was injured (not where
murder, infanticide & parricide the aggressor wielded his weapon)
2 Attempted homicide, etc. Where the intended victim was (not
where the aggressor was situated) – so
long as the weapon or the bullet either
touched him or fell inside the territory
where he was
3 Bigamy Where the illegal marriage was
performed
4 Theft & robbery Where the property was unlawfully
taken from the victim (not the place to
which the criminal went after the
commission of the crime)
5 E s t a f a o r s w i n d l i n g t h r u f a l s e Where the object of the crime was
representation received (not where the false
representations were made)
6 C o n s p i r a c y t o c o m m i t t r e a s o n , Where the conspiracy was formed (not
rebellion, or sedition where the overt act of treason, rebellion
NOTE: Other conspiracies are NOT or sedition was committed)
penalized by our laws
7 Libel Where published or circulated
8 Continuing crime Any place where the offense begins,
exists or continues
9 Complex crime Any place where any of the essential
elements of the crime took place
Rules on Juridical Persons
FACTUAL SITUATION POINT OF CONTACT
CORPORATIONS
Powers and liabilities General rule: the law of the place of
incorporation
EXCEPTIONS:
a. For constitutional purposes – even
of the corporation was incorporated
in the RP, it is nor deemed a Filipino
corporation & therefore can’t
acquire land, exploit our natural
resources, 7 operate public utilities
unless 60% of capital if Filipino
owned
b. For wartime purposes – we pierce
the corporation veil & go to the
nationality of the controlling
stockholders to determine if the
corporation is an enemy
(CONTROL TEST)
Formation of the corporation Law of the place of incorporation
(requisites); kind of stocks, transfer of
stocks to bind the corporation,
issuance, amount & legality &
dividends, powers & duties of
members, stockholders and officers
Validity of corporate acts & contracts Law of the place of incorporation & law
(including ultra vires acts) of the place of performance (the act or
contract must be authorized by BOTH
laws)
Right to sue & amenability to court Lex fori
processes & suits against it
Manner & effect of dissolution Law of the place of incorporation
provided that the public policy of the
forum is not militated against
Domicile If not fixed by the law creating or
recognizing the corporation or by any
other provision – the domicile is where
it is legal representation is established
or where it exercises its principal
functions (Article. 15)
Receivers (appointment & powers) Principal receiver is appointed by the
courts of the state of incorporation;
ancillary receivers, by the courts of any
state where the corporation has assets
(authority is CO-EXTENSIVE) w/ the
authority of the appointing court
NOTE: Theories on the personal and/or governing law of corporations:
a. Law of the place of incorporation (this is generally the RP rule)
b. Law of the place or center of management (center for administration or siege
social) (center office principle)
c. Law of the place of exploitation (exploitation centre or siege d’ exploitation)
PARTNERSHIPS
The existence or non-existence of legal The personal law of the partnership,
personality of the firm; the capacity to i.e., the law of the place where it was
contract; liability of the firm & the created (Article 15 of the Code of
partners to 3rd persons Commerce) (Subject to the exceptions
given above as in the case of corps.)
Creation of branches in the RP; validity RP law (law of the place where
& effect of the branches’ commercial branches were created) (Article 15,
transaction; & the jurisdiction of the Code of Commerce)
court
Dissolution, winding up, & termination RP law (Article 15, Code of Commerce)
of branches in the RP
Domicile If not fixed by the law creating or
recognizing the partnership or by any
other provision – the domicile is where
it is legal representation is established
or where it exercises its principal
functions (Article. 15)
Receivers RP law insofar as the assets in the RP
are concerned can be exercised as
such only in the RP
FOUNDATIONS (COMBINATION OF CAPITAL Personal law of the foundation (place of
INDEPENDENT OF INDIVIDUALS, USUALLY NOT principal center of administration)
FOR PROFIT)