CONFLICT FINALS

Conflict Rule on Torts:

Non-maritime Torts

 Substance - GR: Lex loci delicti commissi

 Lack of cause of action and payment are substantive defenses
 XPN: State of the Most Significant Relationship Rule - Occurring in one or more countries
 Procedure – GR: Lex fori
 XPN1: Prescription
 XPN2: Goods in transit – Law of the destination (COGSA – lower of 500$ or Actual
value)
 Jurisdiction – “Transitory” in nature
 GR: Where defendant is found
 GR: OR where he has properties

Maritime Torts
 Maritime Torts – Foreign vessel within Philippine waters
 Public vessel – Law of the Flag
 Private vessel – Law of Registration (regardless of nationality)

Conflict Rules on Crime

 GR: Territoriality – law where the crime is committed (within Philippine archipelago)
 IF CONTINUING - Subjective (where it Starts) AND Objective (Ondang/Ober)
 XPN1: Foreign vessel within the Philippines & Internal or Petty crimes – English Rule
 XPN2: Protective theory – “whose national interests are prejudiced”
 PH ship or airplane
 Forging or introducing PH currencies
 Public Officers (two views)
 Office is an indispensable element
 Intimate connection with the office
 National security (NO REBELLION)
 Treason
 Espionage
 Inciting to war
 Violation of Neutrality
 Correspondence w/ hostile country
 Flight to enemy country
 Piracy
 Qualified piracy
 XPN1 TO EXPN2: Conspiracy e.g. by instigation (act of one is act of all)
Conflict Rules on Business Organization
 GR: Personal law and intra-corporate matters - Law of Incorporation
 XPN: Dealing with 3rd persons & public – Law of Incorporation AND Law of performance
(NOT execution) (Both must concur – ELSE: Void)
 JURISDICTION and personality to sue and be sued
 With license – sued and be sued
 Service:
 Resident agent
 Government official designated
 Any of its officers w/in PH
 No license – sued (unenforceable contracts)
 Extra-territorial service
 DFA to appropriate foreign court
 Newspaper + Summons & order to last known address
 Facsimile/electronic means
 Other means by court discretion
 No business no license– sue (on certain grounds) and be sued (by consent, estoppel,
equity or stipulation of venue)
 Isolated transactions (nature and character of the business)
 Goodwill
 Intellectual property rights
 Here, domestic corporation cannot assail personality since estopped
 Service (Jurisprudence)
 Ordinary agent w/in PH
 Local publication if intention to submit
 XPN: Enforcement of arbitral awards – Lack of personality is not a ground to
defeat enforcement AND interest of justice
Conflict Rules on Foreign Judgment
 RTC has jurisdiction
 Filing fees
 Capable of Pecuniary estimation
 Involving property
 Not involving property – THIS!
 Incapable

Repel of Foreign judgment

 GR: Presumed valid hence may be enforced (Ei incumbit qui dicit non qui negat) provided Rule 132
Section 24 and 25
 XPN1: Public Policy
 XPN2: Proof of foreign law showing:
 Want of notice
 Want of jurisdiction
 Extrinsic Fraud (goes into jurisdiction or chance to defend himself)
 Collusion
 Clear mistake of fact or law OTHER than the merits of the judgment (extrinsic)
 Matters of procedure – Law of foreign judgment (Foreign)
 Summons, service and form of decision
 Extraterritorial service is NOT allowed when
 Not a resident where the foreign court sits
 Action in personam
 ANALYZE!
 Matters of substance – Law of enforcement of judgment (Philippine)

• Peculiarities of Divorce Judgments

• Governing Law: National law of alien spouse
 See exceptions above
• Prove: Authenticity AND Foreign law (National law of the spouse)
• Remedies
•Filipino spouse only: Authenticate and prove foreign law via Rule 63 – Declaratory Relief
•If Alien spouse or Both: Rule 108 – Correction of Entries praying:
•Recognition
•Correction of entry at the local civil registrar
 Or Ordinary civil action for recognition, then Rule 108