CONFLICT OF LAWS

Chapter XVIII However:

The rights and duties flowing as incidents from the status of
PATERNITY and FILIATION, ADOPTION, legitimacy may be modified by a change of the personal law
GUARDIANSHIP, and FUNERALS deemed to be decisive of the child’s status
In short, the child’s legitimacy is immutable, but the incidents
of his status are not.
PATERNITY & FILIATION
Effect of Change in Nationality in Relation to Doctrine of
Definitions Immutability
1. Paternity – civil status of the father with respect to the 1. Property Relations – NO change
child begotten by him 2. Personal Relations – Changes
2. Filiation – status of the child in relation to the parent 3. Status of the Child – NO change
3. Paternal affection – love of the parents for the child 4. Relationship between Parents and Children -
4. Filial affection – love of the child for the parents Changes

Include the following: Synopsis of the Pertinent Conflict Rules

1. Parental authority Factual Situation Point of Contract
2. Reciprocal Support
3. Recognition PATERNITY and If the child is:
4. Rights and obligations of parents and children FILIATION
1 Legitimate – NATIONAL LAW
Legitimacy of the Father
As ordinarily understood, it means the status acquired by a
person who is born in lawful wedlock to parents who are 2 Illegitimate:
married to each other at the time of his birth.
1 If Recognized by Father –
Importance of Determining Legitimacy National Law of Father
Under practically all systems of the world, legitimate
children have rights superior to those of illegitimate 2 If NOT Recognized by
children, particularly with respect to inheritance Father – National Law of
Mother
Legitimacy under Philippine Law
Under our conflicts rule expressed in Art. 15 of the Civil
Code, the National Law of the FATHER determines the
ADOPTION
question of legitimacy of the child [status].
Definition
Q: Considering the rule that matters of procedure are
Adoption – the process of making a child, whether related or
ordinarily governed by the internal law obtaining in the
not to the adopter, possess in general the rights accorded to a
forum, why are presumptions of legitimacy governed by the
legitimate child
national law of the father rather then by the lex fori?
A: In Conflict of Laws, presumptions of legitimacy are not
mere rules of evidence, they are rules of substantive law
Issues in Conflict of Laws with respect to Adoption relate
to several matters
Q: What is the question in Private International Law?
 First – the particular court’s jurisdiction to grant
A: The question is not whether or NOT a person was born
adoption
in lawful wedlock BUT which system of municipal law is
 Second – the capacity of aliens to adopt
to provide the test of legitimacy. To specify what system of
 Third – the effect or consequences of adoption in the
law shall decide whether or not a given person is born
forum and in other states
legitimate.
Example
Paternity & Filiation
Roger [American businessman, domiciled in California],
Steps to be Taken in Characterization
marries Maria [Filipina widow nurse in California] in the
1. Determine whether or not the child is legitimate
USA. After 3 years of marriage, they take a long vacation in
2. Determine what law governs the relationship between
the Philippines. Roger and Maria decide to adopt Andy, 7 year
parent and child
old son of Maria. They file a petition for Andy’s adoption with
the RTC of Makati
Legitimation
The remedy or process by means of which those who were
Q: Does the RTC Makati have jurisdiction to grant the
not in fact born in wedlock, and should therefore be
petition for adoption?
considered illegitimate, are, by fiction and upon compliance
A: Yes
with certain requirements regarded by law as legitimate
Q: What law will it apply?
Q: What law will determine whether a child is legitimate or
A: Philippine law on adoptioN
not?
A: The NATIONAL LAW of the Father of the child
Basic Principles on ADOPTION
1. Capacity to adopt – determined by the NATIONAL LAW
Doctrine of Immutability of Status
of the ADOPTER
Legitimacy, once created under the personal law of the
a. He must not be disqualified to adopt in his own
parent, either by birth of the child by legitimation, is a
country
permanent status. Therefore, change of parent’s nationality
does NOT affect status of the child as legitimate.
From the lectures of Atty. Melissa Romana Suarez/ 4-Manresa 1
 CONFLICT OF LAWS

b. But it does not necessarily follow that if he is

1 He is resident of the RP for 3
capacitated to adopt in his country, he is automatically
continuous years PRIOR to
capacitated to adopt in RP
filing of petition for
adoption
2. Status Created by Adoption – determined by the
NATIONAL LAW of the ADOPTER 2 He maintains his residence
So, if one is considered adopted in the in RP until the decree of
country of the adopter, he is considered adopted in adoption is entered into
RP

3. Adoption does not confer Filipino citizenship Art. 184, FamilyRA 8553 [new law]
Code
Can ALIENS Adopt in RP?
Exceptio
n
Art. 184, Family CodeRA 8553 [new law]
[old law] 3 He must have legal
capacity to adopt
General Aliens CANNOTAliens CANNOT adopt under the laws if
Rule adopt in RP in RP his own country
Exceptio 1 FORMER 1 FORMER 4 His Country allows
ns FILIPINO FILIPINO the adopted child
CITIZEN who CITIZEN who to enter
wants to adopt a wants to adopt a
relative by relative by Note: Very Restrictive –Less Restrictive – Residency
CONSANGUITY CONSANGUINITY Essence ofis now taken into
or AFFINITY Adoption is ONLYconsideration
within the 4th civil Kinship
degree

Art. 184, Family CodeRA 8553 [new law] Adoption by Husband and Wife [Art. 185 Family Code]
[old law] 1. General Rule – H and W must JOINTLY adopt.
2. Exceptions – Where one spouses seeks to adopt:
Exceptio 3 One who is3 One who is a. His own illegitimate child, or
ns MARRIED to a MARRIED to a b. The legitimate child of the other spouse
Filipino and seeks Filipino and seeks
to JOINTLY to JOINTLY Can a Filipino Adopt an Alien in RP?
ADOPT a relative ADOPT a relative 1. Under the Art. 187 of the FAMILY CODE – an alien of a
by by country whose government has no relations with the RP
CONSANGUITY CONSANGUITY CANNOT be adopted
of the Filipino or AFFINITY
spouse within the 4th civil 2. RA 8552 – Removed the disqualifications under the Family
degree of the Code
Filipino spouse
3. Therefore: Aliens MAY be adopted by a Filipino in RP
provided:
a. The adoptee is below 18 years old [unless
the Filipino adopter has always treated him as his
own child]
b. The adoptee is judicially or administratively
declared available for adoption

4. In RP, adoption by a Filipino does NOT confer citizenship

on an adopted alien child

Inter-Country Adoption
1. Features:
a. The alien or Filipino is permanently residing
abroad
b. The petition is filed abroad
c. A supervised trial custody is undertaken abroad
Art. RA 8553 [new law] d. The decree of adoption is issued abroad
184, FC
2. Judicial participation is NOT required
Exception 4 Even if the Aliens has NO
Relative in the RP, he may adopt
Synopsis of the Pertinent Conflict Rules
if:

Factual Situation Point of Contact

From the lectures of Atty. Melissa Romana Suarez/ 4-Manresa 2

 CONFLICT OF LAWS

ADOPTION – including NATIONAL Law of the 2 Exceptions:

1. Creation of the status of ADOPTER
adoption, and 1 ORDER OF SUCCESSIONAL RIGHTS –
2. Rights and Obligations of NATIONAL LAW of the DECEDENT [Art. 16(2)
adopter and adopted Civil Code]

2 CAPACITY to SUCCEED in inheritance cases –

NATIONAL LAW of the DECEDENT [Art. 1039
Civil Code]
GUARDIANSHIP
2 Exceptions, cont…
Factual Point of Contract
Situation 3 Contracts involving REAL property but which do
NOT deal with the TITLE thereto - the proper law of
1 Over theAppointing Court of DOMICILE of the contract which is either the:
PERSON ofCourt WARD
the Ward 1 Lex loci voluntatis – the law of the place
Powers of Coextensive with those voluntarily agreed upon
Guardian of appointing court [law
of the appointing state]; 2 Lex loci intentionis – the law of the place
[no extra-territorial intended by the parties
application]
4 Contracts where the REAL property is given as
SECURITY [such as loan with mortgage]
Factual Situation Point of Contract
1 The principal contract [loan] – the proper law of
2 Over theAppointing Court where the the contract [lex loci voluntatis or lexl loci
PROPERTY ofCourt PROPERTY is intentionis], and
the Ward FOUND [LEX REI
SITAE] 2 The accessory contract [mortgage] – lex rei sitae

Powers of Coextensive with

Guardian those of appointing Real Property Issues
court [law of the What are Governed by Lex Rei Sitae
appointing state]; [no 1. Extrinsic Validity of Alienations
extra-territorial 2. Intrinsic Validity of Alienations
application] 3. Transfers [including sale, barter, exchange]
4. Mortgage
5. Capacity of Parties
Factual Situation Point of Contract 6. Interpretation of Documents
7. Effects of Ownership
3 Over the PERSONAppointing Court of 8. Co – Ownership
& PROPERTY ofCourt DOMICILE of 9. Possession [including adverse]
the Ward WARD 10. Accession
11. Usufruct
Powers of Coextensive with 12. Lease
Guardian those of appointing 13. Easement
court [law of the 14. Police Power
appointing state] 15. Eminent Domain
16. Taxation
FUNERALS Where the BODY is BURIED
17. Quieting of Title
[incidents thereof]
18. Registration
19. Prescription

Conflicts Rules on Adoption

1. W/N the status of adoption has been created, depends on
the national law of the adopter
2. If the adoption takes place in the RP, our country’s
procedural requisites must be complied within accordance
with the theory of lex fori on procedural matters
Issues that may be determined by the lex situs:
1. Who may own real property?
2. Under what conditions may the land be held?
3. Under what uses may the land be put?
4.Who has the capacity to transfer interest in or to convey
property?

3. The rights and obligations of the adopter and the adopted
are governed by the national law of the adopter
REAL AND PERSONAL PROPERTIES
1 General Rule – Issues concerning real property shall be
governed by the law of the place where the property is
situated [lex rei sitae]
From the lectures of Atty. Melissa Romana Suarez/ 4-Manresa
Example:
Maria, a FILIPINO married woman, executes a promissory
note in Hongkong, giving as security for it a mortgage on land
in the RP.
Under RP law Maria has no power to make the conveyance
without the consent of her husband.
Q: Can the mortgage be enforced in the RP?
A: No, although she may have the capacity to execute the PN
in HK. Because this issue is governed by the lex rei sitae
3
 CONFLICT OF LAWS

Reason: Commerce depends on the protection of the

However: Although the mortgage is unenforceable in the purchaser who must buy without investigation of the
RP, the PN may be a valid personal obligation if sanctioned applicable law, at least not beyond where the goods are
by the proper law of the contract [HK] located, which is usually the place of transaction, as well.

Synopsis of Conflicts Rules Q: Are there instances where the lex situs will not be applied?
A: Yes, where the transaction looks toward future delivery and
Factual Situation Point of Contact
the location of the chattel bears no significant relationship to
General Rule - Lex Rei Sitae the transaction until delivery - this may call for the application
Anything involving of “the proper law of the transaction” which is “the law most
property significantly related to the issue presented”

Exceptions: Example [Shanahan v. Landers]

P, in New Hampshire agreed to buy a power trench hoe from
1 Successional rights National Law of Decedent (Art. S. The contract of conditional sale was executed in
16[1] Civil Code) Massachusetts. The hoe was delivered to P in Vermont where
2 Capacity to succeed National Law of Decedent (Art. it was used on a single job.
1039, Civil Code)
Later, P brought the hoe to New Hampshire where it was used
3 Contracts involvingThe Proper Law of the Contract further.
real property but do[lex loci voluntatis or lex loci
not deal with titleintentionis] Meanwhile, S assigned P’s contract and promissory notes to F,
thereto a financing company.

4 Contracts where realPrincipal Lex loci voluntatis When P failed to make his payments, F repossessed the hoe in
property is given asContract or lex loci New Hampshire.
security intentionis]
F took the hoe to Massachusetts where it was resold to B.
Accessory Lex rei sitae
Contract The case was filed in Massachusetts
Situs of the sale: Massachusetts

MOVABLE PROPERTY Under Massachusetts law: The resale is lawful

Movable Property is of two [2] kinds:
1. Choses in possession – usually identified with tangible
objects [things that can be seen and touched]
2. Choses in action – are rights, legal titles or claims to
something [such as debts, patents, copyright, goodwill,
trademarks and shares of stock], subdivided into choses in
action:
a. that are mere rights – such as the right to
collect from a debtor, or
b. choses in action represented by document
Chose
A thing, an article or property, a thing that can be seen and
touched
Rule with Respect to Choses in Possession
1. General Rule - the law of the State in which the
property is located at the time of the transaction in question
[lex rei sitae (Art. 16[1], Civil Code)] determines the
creation and transfer of interests in choses in possession
[same as the rule in real property]
2. Exceptions – same as those for real property except that
in the example concerning the mortgage the same must be
changed to a pledge of personal property
Under New Hampshire law: The resale is unlawful because a
10-day notice of resale must have been given to P by F, failing
to do so is tantamount to conversion
Issue: What law will govern the validity of the resale of the
hoe from F to B?
Held: The law of New Hampshire will govern the validity of
the resale of the hoe from F to B.
Reason: It was selected due to its substantial connection with
the transaction, as it was:
1. The place where the buyer signed the contract of resale
2. The place of business of the buyer
3. The place where the hoe was kept
4. The place where the alleged conversion took place in a
manner contrary to that State’s law
Another instance where the lex situs may be disregarded:
When the goods are in transit
Synopsis of Conflicts Rules on Tangible Property
Tangible Personal Property [Choses in Possession]

Example Factual Situation Point of Contact

General Rule – X [a Filipino] buys a watch while strolling
along the streets of Geneva. 1 Means of transportation

Q: What law will govern the sale of the watch to X? 1 Sea-going Vessels
A:The sale of the watch will be subject to the laws of
Switzerland 1 Transaction [such asThe law of the FLAG (or
sale or mortgage of thein some cases, the law of
Effect: vessel] while in thethe PLACE of
X [a Filipino] will have the rights conferred by Swiss law to high seas REGISTRY)
the owner of movable property pursuant to sale thereof to
him

From the lectures of Atty. Melissa Romana Suarez/ 4-Manresa 4

 CONFLICT OF LAWS

2 If the vessel is dockedThe law of said port as it
in a foreign port is usually regarded as a
temporary lex situs
2 Other means of transportThe law of the state of
[such as railway trains,DEPOT (storage place
motor cars, aircraft] for supplies) or
RESTING PLACE
4 Administration
debts
Factual Situation
2 Negotiable Instruments
ofLex situs of assets of the
debtor (for these assets can
be held liable for the
payment of the debts
Point of Contact

2 Goods in Transitu (these things have a changing status 1 Negotiability or non-The law of the state that gave
because they move) negotiability of anrise to the right embodied in
instrument (bill ofthe instrument (for example,
Factual Situation Point of Contact exchange, forin the case of a Swiss bill of
example) exchange, Swiss law
1 Loss, destruction,The law of the state of determines its negotiability)
deterioration of goods inDESTINATION (Art. 1753
transitu Civil Code) 2 Validity of transfer,In general, lex situs of the
delivery orINSTRUMENT at the time of
1 If the destination isThe law of the state of NEW negotiation of thetransfer, delivery or
changed destination instrument negotiation
2 If the goods wereThe law of the place of the
never shipped actual situs
Factual Situation Point of Contact
2 Validity and effect ofThe locus regit actum (law
seizure of goods of the place where goods 3 Shares of Stock
were seized)
1 Effect on aLaw of the state of
3 Disposition or alienationThe lex loci voluntatis or corporation of theINCORPORATION [to bind
of the goods lex loci intentionis sale of corporatethe corporation, the transfer
shares must be recorded in its books]

2 Effects between theLex loci voluntatis or lex loci

Choses in Possession parties of the saleintentionis (proper law of the
Rules in International Air Transportation of corporate share contract) – for this is really a
1. Damage to or Delay in the arrival of goods – Warsaw contract; usually, this is the
convention place where the certificate is
delivered
2. Questions on jurisdiction – Warsaw Convention [but
procedural matters are governed by the lex fori] 3 Taxation on theLaw of the state of
dividends ofINCORPORATION
3. Prescriptive period for filing a case – Warsaw corporate shares
convention [but method of calculating period of limitation
is governed by the lex fori] 4 Taxation on theLaw of the state where the sale
income from thewas CONSUMMATED
Note: sale of corporate
Some authors say the questions arising from transactions shares
involving movables in transit may be resolved by referring
to the law of any place having a substantial connection with
the transaction which would uphold its validity [the owner Factual Situation Point of Contact
of the goods is permitted to choose between several legal
systems 4 Franchises Law of the state that GRANTED
them
Factual Situation Point of Contact
5 Goodwill of a businessLaw of the state where the
1 Debts or simple rights of and taxation thereon BUSINESS is carried on
action arising from
contracts
6 Patents, copyrights,In the absence of a treaty, they
1 Recovery of debts orThe law of state where trademarks, tradeare PROTECTED ONLY by the
involuntary DEBTOR or GARNISHEE names STATE that GRANTED them
assignment of debtsmay be effectively NOTE: Foreigners may sue for
(garnishment) SERVED with SUMMONS infringement of trade marks and
(usually the domicile) trade names in the Philippines
only if Filipinos are granted
2 Voluntary assignmentLex loci voluntatis or lex reciprocal concession in the state
of debts loci intentionis (proper law of the foreigners [Art. 3 of the
of the contract) IPL]
3 Taxation of debts The law of the state of
domicile of creditor
Rules of Situs

From the lectures of Atty. Melissa Romana Suarez/ 4-Manresa 5

 CONFLICT OF LAWS

Factual Situation Situs Example 2 The rights ofThe state with the
assignor andmost significant
1 Negotiable Instruments assignee ofrelationship to the
share of stock transaction to
1 Obligations of theThe state
control
maker of the notedesignated in the
and acceptor ofinstrument as the 3 For purposes ofThe state where the
the draft place of payment attachment President or
managing agent of
2 In the absence ofThe state where the corporation is
the designatedthe instrument [Rule 57 Sec. 7)
place was delivered

Factual Situation Situs Example

1 Negotiable
Instruments
3 Issue at toThe state thatNegotiability of a
WILLS, SUCCESSION, AND ADMINISTRATION
whether or notgives rise to thePhilippine draft is
the instrumentrights determined by
Wills and Succession
is negotiable embodied inPhilippine law
the instrument
Conflicts Rules on Intrinsic Validity
4 Issue as toThe state of theWhen a Filipino Art. 16[2] Civil Code – Intestate and testamentary
whether or notinstrument atnegotiates a PNB successions, both will respect to the order of succession and to
the instrumentthe time ofcheck to another the amount of successional rights and to the intrinsic validity
has been legallytransfer, Filipino enroute to of testamentary provisions, shall be regulated by the
transferred ordelivery orCanada, while on a NATIONAL LAW of the PERSON WHOSE SUCCESSION is
delivered negotiation stopover at Tokyo UNDER CONSIDERATION, whatever may be the nature of
– subject to the property and regardless of the country wherein said
validity of the property may be found. (10a)
negotiation of the
instrument to Art. 1039, Civil Code – Capacity to succeed is governed by
Japanese law the LAW of the NATION of the DECEDENT. (n)

Intrinsic Validity Covers:

Factual Situation Situs Example 1 Under Art. 16(2), Civil Code:
2 Checks 1 Order of succession:
1 Issue as toThe state ofNegotiability of a 2 Amount of successional rights
whether or notdelivery [LimPhilippine draft
the obligation hasv. CA, 251is determined by 3 Intrinsic Validity of provisions of the will
been SCRA 408] Philippine law
consummated 2 Under Art. 1039, Civil Code - Capacity of heir to
succeed
3 Debts

1 If the debt hasThe state Factual Situation Point of Contact

been created bystipulated in
contract the contract Intrinsic Validity NATIONAL LAW of the TESTATOR
of a Will or DECEDENT
2 If judicial actionThe state
is to be taken onwhere the
Cases:
the debt debtor may be
1. Estate of Bohanan v. Bohanan [Jan 30, 1960]
effectively
2. Bellis v. Bellis [Jun 6, 1976]
served with
3. Aznar v. Garcua [Jan. 31, 1973]
summons

Factual Situation Situs Example

EXTRINSIC or FORMAL VALIDITY
4 Shares of Stock 1. Form of the Will
2. Age of Testator
1 The relationThe state of 3. Number of Witnesses
between theincorporation 4. Capacity of TESTATOR to MAKE a Will
shareholder
and the Conflicts Rule on Formal Validity
corporation Art. 17, Civil Code – The forms and solemnities of contracts,
wills and other public instruments shall be governed by the
From the lectures of Atty. Melissa Romana Suarez/ 4-Manresa 6
 CONFLICT OF LAWS

laws of the country in which they are executed [Lex Loci

Celebracionis]

Factual Produces Effect inConflicts Rule

Situation the RP if Executed
in Accordance with:
3 A will made in1 His NATIONALArt. 817 – A will
the Philippines Law made in the
by an ALIEN Philippines by a
2 Philippine Law citizen or subject of
another country,
which is executed in
accordance with the
law of the country of
which he is citizen
or subject, and
which might be
Rules on Extrinsic Validity: proved and allowed
by the law of his
Factual Produces Effect in theConflicts Rule own country, shall
Situation RP if Executed in have the same effect
Accordance with: as if executed
according to the laws
1 A will made1 Lex Loci Art. 815 – When a of the Philippines.
ABROAD by Celebracionis [lawFilipino is a foreign (n)
a FILIPINO of the countrycountry, he is
where the will wasauthorized to make
executed], or a will in any of the PROBATE of WILLS
forms established
by the law of the Probate
country in which The proof of establishing, before the appropriate tribunal, that
he may be. Such the document is the valid last will and testament of the
will may be deceased, as well as the certification of such court that the will
probated in the was executed by a competent testator in the manner prescribed
Philippines by law.

2 His NATIONAL The probate of a will is conclusive:

Law [1] as to its due execution, and
[2] as to the testamentary capacity of the testator

Factual Produces Effect in RPConflicts Rule BUT does NOT affect the intrinsic validity of the provisions
Situation if Executed in of the will.
Accordance with:
Extrinsic or Formal Validity of Wills
2 A will made1 Lex Loci Art. 816 – The will Rule on Wills Probated in a Foreign Country
ABROAD by Celebracionis of an alien who is Rule 77 Sec. 1. Will Proved Outside the Philippines may be
an ALIEN [law of theabroad produces Allowed Here - Wills proved and allowed in a foreign country,
country where theeffect in the according to the laws of such country, may be allowed, filed,
will wasPhilippines if made and recorded by the proper Court of First Instance [RTC] in
executed], or with the formalities the Philippines
prescribed by the
2 The law of hislaw of the place in Rule on Wills Probated in a Foreign Country, cont…
DOMICILE, or which he resides, or Rule 77 Sec. 2. Notice of hearing for allowance - When a copy
according to the of such will and of the order or decree of the allowance
3 His NATIONALformalities observed
thereof, both duly authenticated, are filed with a petition for
law,or in his country, or in allowance in the Philippines, by the executor or other person
conformity with interested, in the court having jurisdiction, such court shall fix
4 Philippine Law
those which this a time and place for the hearing, and cause notice thereof to be
Code prescribes (n). given as in case of an original will presented for allowance.

Extrinsic or Formal Validity of Wills

Rule on Wills Probated in a Foreign Country
Rule 77 Sec. 3. When will allowed, and effect thereof - If it
appears at the hearing that the will should be allowed in
the Philippines, the court shall so allow it, and a
certificate of its allowance, signed by the judge, and
attested by the seal of the court, to which shall be
From the lectures of Atty. Melissa Romana Suarez/ 4-Manresa 7
 CONFLICT OF LAWS

attached a copy of the will, shall be filed and recorded Cases:

by the clerk, and the will shall have the same effect as
if originally proved and allowed in such court.
Rules for Wills Executed Abroad
1 When a will executed abroad has not been proven
[probated] in a foreign country – it may be admitted to
regular probate in the Philippines where the following
have to be proven:
1 Case to be filed – Petition for Allowance of Will
to be filed in the proper RTC
2 Documents to be attached to petition:
1. In re Testate Estate of Suntay [95 PHIL 500]
2. Vda. De Perez v. Tolete [232 SCRA 722]
Interpretation of a Will
The process of ascertaining the meaning which the testator
intended his words to convey
Example: When a Conflicts Issue on Interpretation may
Arise:
X is a Swiss national married to a Filipina and domiciled in
Boracay. He died in Boracay leaving a will, with provisions
leaving his entire property to his “heirs-in-law” and his “next
of kin”.

1 A copy of the will, and
2 The decree of the probate thereof
3 There will be a hearing for the allowance of wills
Q: How can our courts discover the intent of the X, the
testator?
A: Our courts must refer to the canons of construction laid
down by Swiss internal law [the national law of the decedent]

4 Q: What if all the available evidence of the intention of X

still leaves the issue unresolved?
A: Art. 788, Civil Code provides that: “If a testamentary
Rules for Wills Executed Abroad, cont.. disposition admits of different interpretations, in case of
doubt, that interpretation by which the disposition is to be
4 If it appears during the hearing that the will should operative shall be preferred”.
be allowed in the Philippines:
1 The court shall so allow it, and Joint Will
One executed in the same instrument by two [2] or more
2 A certificate of its allowance, to which shall be testators.
attached a copy of the will, shall be filed and
recorded by the clerk, Q: Are joint wills allowed in the RP
A: No. “Two or more persons cannot make a will jointly, or in
3 The will shall have the same effect as if the same instrument, either for their reciprocal benefit or for
originally proved and allowed in such court the benefit of a third person.” [Art. 818, Civil Code] and
“Joint wills, executed by Filipinos in a foreign country shall
2 When a will executed abroad has not been proven
not be valid in the Philippines, even though authorized by the
[probated] in a foreign country – it may be admitted to
law of the country where they may have been executed” [Art.
regular probate in RP and the following have to be proven:
819]
1 Due execution of the will
Conflicts Rules on Joint Wills
2 Capacity of testator
Factual Situation Point of Contact
Extrinsic or Formal Validity of Wills 1 Made by FILIPINOSNATIONAL Law
When a will has been probated abroad: ABROAD
1. The procedure is similar to the enforcement of a foreign
judgment 2 Made by ALIENS1 Lex Loci Celebrationis –
2. Therefore, the due execution of the will and the ABROAD – VALID if where the joint will was
testamentary capacity of the testator need not be proven valid under: made
again
2 Law of the DOMICILE –
The following must be proven when a will has been where the alien is
probated in a foreign country: domiciled
1. The foreign law with respect to the due execution of wills 3 Made by ALIENS in RP –Lex Loci Celebrationis
must be proven VOID by reasons of
2. The procedure on probate of will must be proven PUBLIC POLICY
Evidence necessary for the Reprobate or Allowance of a
Will which has already been Probated in a Foreign
Country:
1. The due execution of the will in accordance with the
foreign law
2. The testator has his domicile in the foreign country and
NOT in the RP
3. The will has been admitted to probate in such foreign
country
4. The fact that the foreign tribunal is a foreign court
5. The laws of the foreign country on the procedure and
allowance of wills [Vda. De Perez v. Tolete] Revocation of Wills
Conflicts Rule on Revocation

From the lectures of Atty. Melissa Romana Suarez/ 4-Manresa 8

 CONFLICT OF LAWS

1. A revocation done outside the Philippines, by a person 1. If the deceased was domiciled in the RP at the time
who does NOT have his domicile in this country, is valid of his death – the court of the state where the deceased was
when it is done: domiciled
a. According to the law of the place where the will 2. If the deceased was NOT domiciled in the RP at
was made, or the time of his death – the court of the state where his
b. According to the law of the place in which the properties are found
testator had his domicile at the time;
2. If the revocation takes place in this country – it is valid Rules on Administration
when it is made in accordance with the provisions of this The rights, powers and obligations of the executor or
Code (law of the forum) [Art. 829, Civil Code] administrator are co-extensive with the powers of the
qualifying or appointing court
Defects of Art. 829 Thus, an administrator appointed by a Philippine court can
1. The shift from nationality to domicile as a point of have jurisdiction only over the properties of the deceased
contact is rather erratic located in the Philippines
2. The phrase “domicile at the time” is not clear
3. When an alien makes a will abroad, there are several Two [2] Kinds of Administrator
points of contract to uphold the intention of testator – in 1. Principal or domiciliary administrator – the
case of revocation, there only two [2] points of contract administrator in the state where the testator was
recognized, namely: domiciled at the moment of his death
a. The law of the place where the will was made, 2. Ancillary administrator – the administrator appointed
and in the state where the deceased did not die in as
b. The law of the testator domicile domiciliary but has properties therein
4. There is no apparent provision with reference to aliens
domiciled in the RP who execute the act of revocation Q: What law governs the administration of the estate of
abroad, BUT a will made by an alien abroad wherever his the deceased?
domicile may be, will be considered valid in the RP if A: It is the lex fori – up to the point of distribution.
formally valid under: Administration is not governed by the law which governs
a. His national law succession, but by the law of the country where the
b. The law of his domicile administration takes place, and that is the law of the country
c. The law of the place where it is made from which the administrator derives his authority.
d. Philippine law
Q: Can an administrator sue or be sued outside the
jurisdiction of the court from which he derives his
Conflicts Rules on Revocation of Wills
authority?
Factual Situation Point of Contact A: 1. General Rule - No
2. Exceptions:
1 Revocation done in the RPRP Law – LEX LOCI ACTUS a. He can sue and be sued if he is appointed
[Art 829] or the place where the act anew in said jurisdiction and qualifies as such therein
[revocation] was done b. He may enforce by action a right which is
personal to him and which he is entitled to assert in his own
2 Revocation done1 Law of DOMICILE at capacity, even though it is connected with the estate he is
OUTSIDE the RP by a the time of revocation administering
NON-DOMICILLIARY c. He can be sued upon a claim which is
[Art. 829] 2 Law of the Place where
the WILL was MADE sustainable against him, not in his representative, but in his
personal capacity
3 Revocation done1 Law of the DOMICILE
OUTSIDE the Philippines [RP Law]
Conflicts Rules on Administration
by a DOMICILLIARY
[Paras] 2 Law of the Place of Factual Situation Which Court has
REVOCATION Jurisdiction to Settle the
Estate in Conflicts
Problems
Effect of CHANGE of NATIONALITY of TESTATOR
1 Decedent/Testator wasThe court of the place where
Factual Situation Point of Contract RESIDENT of RP and DIEDhe LAST RESIDED
1 EXTRINSIC Lex Loci Celebrationis at the TIME the in RP
validity WILL was EXECUTED [governing law 2 Decedent/Testator wasThe court of the place where
does not change with change of RESIDENT of FOREIGNhis PROPERTY is located
nationality] Country
2 INTRINSIC National law of testator at the TIME the
validity DEATH will govern [governing law Administration of Estate
changes with change of nationality] Summary:
1. An administrator appointed in one country has no power
over the property in another country – since his authority is
Administration of Estate Deceased derived only from the court that appointed him
2. Powers of the administrator shall be governed by the law of
Rules on Administration the place where he was appointed, such powers include:
Q: Which court has the power to appoint an administrator a. w/n he sue on behalf of the estate
or declare the executor qualified? b. w/n he can dispose the assets of the estate
A: It depends:
From the lectures of Atty. Melissa Romana Suarez/ 4-Manresa 9
 CONFLICT OF LAWS
Q: What happens after the administration is completed?
A: Distribution of the remaining assets follows
Q: What law governs the distribution of the estate?
A: The National law of the decedent [Art. 16(2)]
OBLIGATIONS AND CONTRACTS
Obligations & Contracts
Definition of a Contract from the Viewpoint of Conflict
of Laws
Contract refers to an agreement between two [2] or more
parties which, in accordance with their intention, gives rise
to an obligation on at least one of them [the promisor], and
creates for the promise a right to claim fulfillment of the
promise
The following are NOT included for the purposes of this
Chapter:
1. Agreements creating a status [such as marriage or
adoption]
2. Agreements transferring or extinguishing rights in rem
[ such as conveyance of property or assignment of a debt]
Elements of a Contract from the Viewpoint of Conflict
of Laws
1. Formal or Extrinsic Validity – the external side of
making a contract, the means of signifying consent, the
expression as opposed to the content of legal declarations
2. Capacity of the Parties to Contract – the power of a
party to bind himself effectively by a contract
3. Essential or Intrinsic Validity – pertains to the nature,
content and effects of a contract [Performance may be
considered part of intrinsic validity]
What Law Governs:
1 General Rule – Lex Loci Contractus [ the place where the
contract was entered into] under Art. 17[1] Civil Code
2 Exceptions – When NOT governed by Lex Loci
Contractus
1 When the contract is entered into before RP
diplomatic officials in a foreign country [consular
contract] under Art. 17[2] of the Civil Code –
governed by Philippine Law [under principle of
exterritoriality]
2 When the contract involves ALIENATION or
ENCUMBRANCE of PROPERTY – governed by the
Lex Situs or Lex Rei Sitae
What law will govern:
1 General Rule – governed by the NATIONAL LAW of the
contracting parties [Art. 15, Civil Code]
2 Exceptions – when NOT governed by National Law of
the parties
1 Insular v. Frank – governed by Lex Loci
Celebrationis
2 When the contract involves ALIENATION or
ENCUMBRANCE of PROPERTY – governed by the
Lex Situs or Lex Rei Sitae [Art. 16[1], Civil Code]
From the lectures of Atty. Melissa Romana Suarez/ 4-Manresa
Intrinsic or Essential Validity
Questions on Intrinsic Validity
1. Was there a meeting of the minds? [consent]
2. Was there adequate consideration? [consideration]
3. Did the obligor perform his obligations under the contract?
What law will govern Intrinsic Validity:
1 General Rule – governed by the Lex Contractus [the
proper law of contract] which is either:
1 Lex Loci Voluntatis [the law voluntarily agreed by the
parties] – the parties EXPRESSLY agreed that such
particular legal system will apply
2 Lex Loci Intentionis [the law intended by the parties]
– there is NO agreement but it can be PRESUMED
that such law was intended by the parties
What law will govern Intrinsic Validity:
2 Exceptions
1 While the parties may stipulate on the proper law of
the contract, they cannot stipulate on the jurisdiction
of the courts
2 The parties cannot abolish compulsory domestic rules
3 The parties cannot choose a law which contravenes
public policy [Pakistani Airlines v. Ople, Cadalin v.
POEA, Bank of America v. American Realty]
What law will govern Intrinsic Validity:
3 Governed by the Lex Loci Contractus – law of the place
of the contract if:
1 The parties have not stipulated a different law, or
2 The law they choose to govern the contract
CANNOT, on some legal grounds, be applied
The law selected [Lex Loci Intentionis] may be IMPLIED
from such factors:
1. The law having the most substantial connection with
transaction
2. The nationality and domicile of the parties
3. The law most favorable for the effectivity or efficacy of the
contract for it should be presumed that the parties intended to
be bound by the agreement
Limitations and Principles in the Choice of Law
1. If of 2 possible choices, one law provides certain specific
remedies in case of breach, and the other does not - the first
law applies if the contract makes mention of said remedies
2. Several laws may be selected, each of which governs
different elements of the transaction BUT parties cannot select
a law which has NO connection or relationship at all with the
transaction
10
 CONFLICT OF LAWS

3. If the law selected should change, it is law, as changed

that would apply, for it is presumed that at the time of
Factual Point of Contact
contracting, the parties were cognizant of the dynamic
Situation
quality of the law Extrinsic Capacity Intrinsic Others
4. If under the law selected, the contract is legal, but in the 8 Pledge, Lex Situs Lex Situs Lex Situs Note:
place of performance, it is illegal, the selected law must Chattel These are
prevail, and the contract should be considered legal Mortgage, accessory
REM, and contracts.
Antichresis Therefore
Conflict Rules for Specific Contracts if the
Factual Point of Contact principal
Situation contract is
Extrinsi Capacity Intrinsic Others defective,
c the
accessory
1 Sales andLex Situs Lex Situs Lex Situs contract is
Barter also
deemed
2 Lease ofLex Situs Lex Situs Lex Situs defective
Property
9 Guaranty Lex Loci National Les Loci
3 Lease ofLex Loci National Lex Loci and Celebracioni Law ofVoluntatis/
Services Celebration Law Voluntatis/ Suretyship s the Parties Intentionis
is Intentionis
4 Contract Fixed SitusFixed Fixed Liability for
of of Carrier Situs ofSitus ofloss,destruction TORTS AND QUASI DELICTS
Carriage Carrier Carrier , or
of Goods deterioration of TORTS
goods in
transitu – Law Definition of Tort
of Destination A legal wrong committed upon another’s person or
property independent of a contract, which may be either:
1. A direct invasion of some legal right of the individual
2. The infraction of some public duty by which special
damage accrues to the individual
3. The violation of some private obligations by which like
damages accrues to the individual

Elements of Every Tort Action

1. Existence of a legal duty from defendant to plaintiff
2. Breach of that duty, and
3. Damage as proximate result

Q: What law governs liability and damages for torts, in

general?
A: The law of the place where the tort was committed [lex
loci delicti commissi], for the following reasons:
1. The state where the social disturbance occurred
Factual Point of Contact has the primary duty to redress the wrong and
Situation to determine the effects of the injury;
Extrinsic Capacity Intrinsic Others 2. The law of said state must be presumed to have
been most foremost in the mind of the parties
5 Contract ofLex Loci National Les Loci If agency
concerned, thus they acted with knowledge
Agency Celebrationis Law ofVoluntatis deals with
of the resulted consequences under the said law
the / conveyance
Parties Intentioni or
Q: What is the locus delicti?
s encumbranc
A: Conflict often arises in the characterization of the locus
e of property
delicti [place where the wrong or tort committed]
– Lex Situs
6 Simple Lex Loci National Les Loci 3 Theories as to where the locus delicti [place of
Loan orCelebrationis Law ofVoluntatis commission] is:
Mutuum the / 1. CIVIL Law Theory – where the act BEGAN
Parties Intentioni 2. COMMON Law Theory – where the tortious act FIRST
s BECAME EFFECTIVE
3. Theory of Dr. Rabel – the place which has the MOST
7 Commodat Lex Situs Lex Situs Lex Situs SUBSTANTIAL or ESSENTIAL CONNECTION with the act
um

From the lectures of Atty. Melissa Romana Suarez/ 4-Manresa 11

 CONFLICT OF LAWS

While X was negligently cleaning his gun in California, 1. When the RP has no concern or interest in the application of
he accidentally shot Y who was in Nevada. Y was rushed its internal, and
to a hospital in Oregon, where he died. 2. The foreign state, by virtue of its connection with the parties
or the event, has such an interest
Q:What is the locus delicti?
• Torts TORTS
A: Under the:
1. Civil Law Theory – California, because
Situation What is the Lex
the negligent act occurred there
Delicti Comissi?
2. Common Law Theory – Nevada,
because the injury to Y became effective 1 Tort is committed abroad a PUBLIC LAW of the FLAG
there vessel, whether on the high seas or in
3. Rabel’s Theory – California, because it has foreign territorial waters
the most substantial connection with the tort. Had
the gun not been fired by X, there would have been 2 Tort is committed abroad a PRIVATE LAW of the FLAG
no injury or MERCHANT vessel on the high
seas
Issues Governed by the Locus Delicti
1. W/N the act has PRESCRIBED
2. W/N the parties are the PROPER parties to the
case
3. W/N the act is considered the PROXIMATE
cause of the injury
4. W/N CONTRIBUTORY NEGLIGENCE may
be used as a defense
5. W/N DAMAGES can be awarded
6. The BURDEN of PROOF and the DEFENSES
that may be interposed

Situation What is the Lex Delicti

Jurisdiction Comissi?
Liability for Foreign Torts may be enforced in RP
provided: 1 The Tort concerns property,Lex Situs
1. The torts is NOT penal in character whether real or personal
2. The tortious liability will NOT contravene our public 2 When there is a collision
policy between 2 vessels:
3. Our judicial machinery is adequate for such enforcement
1 From the same state orLaw of the said state
Note: carry the same flag
1. Generally, a suit to recover on a foreign tort is cognizable
in ANY state where jurisdiction may be acquired in over the 2 From different states butSaid laws
person of the defendant [since the action for damages in one their laws on the matter
in personam] are identical
2. Therefore, our courts may validly decide a case on
foreign torts [applying the proper lex loci delicti comisi] 3 From different statesThe general maritime law
when: with different laws applied by the forum where
a. The defendant is personally served by the the case is being tried
summons of our courts
b. The defendant voluntarily appears in court
even without such service
CRIMES
What an RP court must do when faced with a conflicts
problem involving torts and the lex fori is in conflict
with the law of the foreign state connected to the parties Theories on Extraterritorial Competence
or event:
1. Ascertain and weigh the purpose underlying the tort law Theory What court has jurisdiction?
of the forum as applied to the particular case, and 1 Territorial The court of the state where the crime
2. Examine and weigh the interest of the other state
was committed
When an RP Court may apply RP internal law [lex fori] 2 Nationality The court of the state where the criminal
on TORTS : is a national or citizen or subject
1. When the RP has a substantial connection with the
parties or the operative facts, and 3 Protective The court of any state whose national
2. Our internal law on tort embodies a social or economic interest may be jeopardized [subject to
policy which will be advanced by its application to the case certain exceptions]
4 Real or Eclectic The court of any state whose penal code
When an RP Court should apply the foreign law [lex
has been transgressed
causae] on TORTS :

From the lectures of Atty. Melissa Romana Suarez/ 4-Manresa 12

 CONFLICT OF LAWS

5 Universal The court of any state where the criminal

is found or which has custody over him
[unless extradition is possible]
6 Passive The court of the state of which the victim
Nationality is a citizen or subject

Crimes
Q: What law will apply?
A: The Lex Fori, because a foreign law cannot be applied
if it is penal in character

And we know that in all things God works for the

good of those who love him, who have been called
according to his purpose.
(Romans 8:28, NIV)

From the lectures of Atty. Melissa Romana Suarez/ 4-Manresa 13