IMPORTANT: These notes are based on the exams of Atty. E.R.

tty. E.R. Robles and relevant topics taken from the books of Coquia, Salonga, Sempio-Dy and Paras. These notes
complements Atty. Robles lecture notes and in no way should be considered a substitute thereof. Some matters discussed in the lecture notes of Atty. Robles are not
reproduced here
=======================================================================

TOPICS

A. DOMICILE AND RESIDENCE
1. Domicile vs. Residence
2. Three Kinds of Domicile
B. JURISDICTION
1. Jurisdiction over Subject matter
2. Jurisdiction over the Person
3. Jurisdiction over the Res
C. DISPOSITION OF CONFLICTS CASES
1. Dismissal
a. Lack of Jurisdiction
b. Refusal to assume Jurisdiction
2. Assumption of Jurisdiction
a. Assumption of Jurisdiction and application of
internal law (Lex Fori)
b. Assumption of Jurisdiction and application of
Foreign Law
D. THEORIES ON WHY FOREIGN LAW MUST BE GIVEN
EFFECT
1. Principle of Territoriality
2. Principle of Comity
3. Vested Rights Theory
4. Local Law Theory
E. EXCEPTIONS TO THE APPLICATION OF FOREIGN LAW
F. DETERMINING WHICH LAW GOVERNS
1. Lex Domicili
2. Lex Fori
3. Lex Loci
4. Lex Rei Sitae
G. RECOGNITION AND ENFORCEMENT OF FOREIGN
JUDGEMENTS AND ARBITRAL AWARDS
1. Recognition vs. Enforcement
2. Requisites before Foreign Judgments may be
Recognized
3. Exceptions to Recognition and Enforcement of
Foreign Judgements

==========================================================
A. DOMICILE AND RESIDENCE
1. Domicile vs. Residence
2. Three Kinds of Domicile
==========================================================

1. DOMICILE VS. RESIDENCE

As held in Uytengsu vs. Republic of the Philippines, 50 O.G. 4781
(1954):

Residence is used to indicate a place of abode, whether
permanent or temporary. Domicile denotes a fixed,
permanent residence to which when absent, one has an
intention of returning. A man may have a residence in one
place and a domicile in another. Residence is not domicile
but domicile is residence coupled with intention to remain
for an unlimited time. A man can have one domicile and the
same purpose at any time, but he may have numerous
places of residence. (emphasis supplied).

2. THREE KINDS OF DOMICILE

(1) Domicile of Origin: the domicile of a persons parents at the
time of his birth
(2) Domicile of Choice: the domicile voluntarily chosen by a
person sui juris as his home and to which, whenever, he is
absent, he has the intention of returning.
(3) Domicile by Operation of Law (also known as Constructive
Domicile): the domicile established by law after birth in the
case of persons under legal disability, regardless of their
intention or voluntary act.

==========================================================
B. JURISDICTION
1. Jurisdiction over Subject matter
2. Jurisdiction over the Person
3. Jurisdiction over the Res
==========================================================

The following are the circumstances that justify a States assumption of
jurisdiction as of right over a person or an issue:

1. JURISDICTION OVER SUBJECT MATTER

Definition: It is the power to hear and determine cases of a general
class to which the proceedings in question belong and is conferred by
the sovereign authority which organizes the court and defines its
powers.

How is jurisdiction acquired: It is conferred by law and not by consent
of the parties or their voluntary submission. It must be invoked by the
filing of a proper complaint or petition with the court and it is the
allegations of said complaint or petition which shall confer jurisdiction

2. JURISDICTION OVER THE PERSON

Definition: It is the competence of a court to render a decision that will
bind the parties to the suit.

How is jurisdiction acquired:

(1) Jurisdiction over the plaintiff is acquired from the moment
he invokes the aid of the court and voluntarily submits
himself by institution of the suit through proper pleadings.
(2) Jurisdiction over the defendant is acquired through (a)
voluntary appearance and (b) personal or substituted
service of summons.

NOTE: A State has the power to exercise jurisdiction over an individual
on one or more of the following bases: (a) presence; (b) domicile; (c)
residence; (d) nationality or citizenship; (e) consent; (f) appearance in
an action; (g) doing business in the State; (h) an act done in the State;
(i) causing an effect in the State by an act done elsewhere; (j)
ownership, use or possession of a thing in the State; (k) other
relationships to the State which make the exercise of jurisdiction
reasonable.

3. JURISDICTION OVER THE RES

Definition: It is the jurisdiction over the particular subject matter in
controversy regardless of the persons who may be interested therein.

How is jurisdiction acquired: The basis is the presence of the property
within the territorial jurisdiction of the forum

==========================================================
C. DISPOSITION OF CONFLICTS CASES
1. Dismissal
a. Lack of Jurisdiction
b. Refusal to assume Jurisdiction
2. Assumption of Jurisdiction
a. Assumption of Jurisdiction and application of
internal law (Lex Fori)
b. Assumption of Jurisdiction and application of
Foreign Law
==========================================================

There are two ways to proceed in disposing a conflicts case: dismiss or
assume jurisdiction.

1. DISMISSAL

The Forum may dismiss the case either by (a) lack of jurisdiction or (b)
refusal to assume jurisdiction over the case.


A. LACK OF JURISDICTION

If the Court has no jurisdiction because of lack of jurisdiction over the
subject matter or over the parties to the suit, the Court must dismiss
the case. (see B. JURISDICTION)

B. REFUSAL TO ASSUME JURISDICTION

Even where the Court has jurisdiction, the Court may invoke the
principle of forum non conveniens to refuse to entertain the case.

The inconvenience may be manifested in any of the following ways:

(1) The matter can be better tried and decided elsewhere,
either because the main aspects of the case transpired in a
foreign jurisdiction or the material witnesses have there
residence there
(2) The belief that the non-resident plaintiff sought the forum
to secure procedural advantages or to annoy or harass the
defendant (forum shopping)
(3) The unwillingness to extend local judicial facilities to non-
residents or aliens when the docket may already be
overcrowded
(4) The inadequacy of the local judicial machinery for
effectuating the right sought to be maintained
(5) Difficulty in ascertaining foreign law
(6) The forum has no particular interest in the case.

NOTE: In the case of REPUBLIC OF THE PHILIPPINES VS. MARCOS ET AL.,
U.S. SUP. CT. 2178 (1987), Mrs. Marcos sought to have the case
dismissed on the ground of forum non conveniens. However, the Court
noted that the assets in dispute are pieces of real property located in
New York of which Mrs. Marcos. It thus seems difficult to deem the
Court of New York as an inconvenient forum.

2. ASSUMPTION OF JURISDICTION

When the Court decides to assume jurisdiction, it shall either apply the
lex fori or apply foreign law

A. ASSUMPTION OF JURISDICTION AND APPLICATION OF
INTERNAL LAW (LEX FORI)

Three instances when the forum has to apply the lex fori:

(1) Where application of internal law is decreed
(2) Where there is failure to plead and prove foreign law
(3) Where a case involves any of the exceptions to the
application of foreign law

NOTE: As to (2), the Forum does not, as a general rule, take judicial
notice of foreign law. Foreign law, like any matter of fact, must be
proved. If not properly pleaded or proved, the presumption is that
foreign law is the same as the lex fori (doctrine of processual
presumption).

As to (3), see E. EXCEPTIONS TO THE APPLICATION OF FOREIGN LAW

B. ASSUMPTION OF JURISDICTION AND APPLICATION OF
FOREIGN LAW

see D. THEORIES ON WHY FOREIGN LAW MUST BE GIVEN EFFECT and F.
DETERMINING WHICH LAW GOVERNS

==========================================================
D. THEORIES ON WHY FOREIGN LAW MUST BE GIVEN
EFFECT
1. Principle of Territoriality
2. Principle of Comity
3. Vested Rights Theory
4. Local Law Theory
==========================================================

1. PRINCIPLE OF TERRITORIALITY

Definition: The laws of every State operate within the territorial limits
of such State and are binding on all its subjects but not beyond those
limits. States have the right to regulate the activities and persons with
their territories and conversely, have no right to regulate
conduct/persons beyond their borders.

Proponent(s): Huber

Leading case: HILTON VS. GUYOT, 159 U.S. 113 (1895) where the Court
stated that

No law has any effect, of its own force, beyond the limit of
the sovereignty from which its authority is derived. The
extent of which the law of one nation, as put in force within
its territory, whether by executive order, by legislative act,
or by judicial decree, shall be allowed to operate within the
dominion of our nation, depends upon what our greatest
jurists have been content to call the comity of nations.
(emphasis supplied).

(In short, comity is just an exception)

2. PRINCIPLE OF COMITY

Definition: Under this theory, deference to foreign law were seen as an
attempt to promote international harmony by accommodating the laws
of a foreign sovereign in expectation of receiving reciprocal treatment

Proponent: Story

Leading case: JOHNSON VS. COMPANIE GENERALE, 46 A.L.R. 435
(1936) where the Court stated that

Comity is not a rule of law, but is a rule of practice,
convenience and expediency. It is something more than
mere courtesy, since it has substantively value in securing
uniformity of decision and discouraging repeated litigation
of the same question. It therefore rests not on the basis of
reciprocity but upon the persuasiveness of the foreign
judgment. (emphasis supplied).

3. VESTED RIGHTS THEORY

Definition: Under this theory, what is sought to be enforced is not the
foreign law itself but the rights that have been vested under such
foreign law; an act done in another state may give rise to the existence
of a right if the laws of that state crated such right.

Proponent: Dicey and Beale

Leading case: LOUCKS VS. STANDARD OIL COMPANY, 120 N.E. 198
(1918), where the Court stated

A foreign statute is not law in this state but it gives rise to an
obligation, which if transitory follows the person and may be
enforced wherever the person may be found. No law can
exist as such except the law of the land; but it is a principle
of every civilized law that vested rights shall be protected.
(emphasis supplied).

4. LOCAL LAW THEORY

Definition: Under this theory, foreign law is applied not because it is
foreign, but because our laws, by applying similar rules, require us to do
so; hence, it is as if the foreign law has become part and parcel of our
local law

Proponent: Cook

Leading case: GUINNESS VS. MILLER, 291 Fed. 769 (1923) where the
Court stated that

No court can enforce any law but that of its own sovereign
and when a suitor comes to a jurisdiction foreign to the
place of tort, he can only invoke an obligation recognized by
the sovereign. A foreign sovereign under civilized law
imposes an obligation of its own as nearly homologous as
possible to that arising in the place where the tort occurs.
(emphasis supplied).

==========================================================
E. EXCEPTIONS TO THE APPLICATION OF FOREIGN LAW
==========================================================

Foreign law is NOT applied in the forum in the following cases:

(3) Where its enforcement would run counter to public policy of
the forum
(4) When its application would lead to an infringement of good
morality
(5) When the foreign law is penal in nature
(6) When the foreign law is procedural in nature
(7) When the questions relates to immovable property in the
forum
(8) When the foreign law is fiscal or administrative in nature
(9) When the application of foreign law would involve injustice
or injury to the nationals or residents of the forum

(10) When the application of foreign law would endanger the
foreign relations or vital interests of the State

NOTES: As to (4), matters of remedy or procedure are governed by the
lex fori. As to (5), such is governed by the lex res sitae.

==========================================================
F. DETERMINING WHICH LAW GOVERNS
1. Lex Domicili
2. Lex Fori
3. Lex Loci
4. Lex Rei Sitae
==========================================================

1. LEX DOMICILI

Definition: Law of the country where a person is domiciled. The
determination of a persons rights is governed by establishing where, in
law, that person is domiciled.

Matters governed:

(1) Capacity to act
(2) Status
(3) Capacity to enter into contracts
(4) Family relations
(5) Obligations of a person
(6) Successional rights and intrinsic validity of wills, its validity,
effects and recovation.

2. LEX FORI

Definition: It means law of the forum. The law of the jurisdiction where
the case is pending. It also pertains to the place where relief is sought,
and controls procedural matters.

Matters governed:

(1) The appropriate court in bringing the action
(2) The form of process and other pleadings
(3) The manner and mode of their service
(4) The mode of conduct of a proceeding
(5) The proper parties to the suit
(6) The question whether a foreigner can be a party to the
proceedings
(7) The nature, extend and character of the remedy
(8) The forms of judgment and execution
(9) Status of limitation
(10) Right of setoff
(11) Other procedural matters
(12) Cases which are penal in nature and involving tax cases

3. LEX LOCI

Definition: It means the law of the place or local law. It pertains to the
law of the place where the right was acquired or liability was incurred,
which constitutes the cause of action.

Variations:

(1) Lex Loci Actus: the law of the place where an act is done or
where a transaction is completed
(2) Lex Loci Celebrationis: law of the place where marriage is
celebrated
(3) Lex Loci contractus: law of the place where a contract is
executed or made
(4) Lex Loci solutionis: law of the place where the contract is to
be performed
(5) Lex Loci delicti: law of the place of the wrong or tort
(6) Lex situs or lex rei sitae: law of the place where the
property is located.

Matters governed: Generally, it governs matters of substantive nature
where a cause of action is brought in a state other than the state in
which the action arose.

4. LEX REI SITAE

Definition: It is the law of the place where the property is located.

Matters governed:
(1) Real property, its title, disposition, including a persons
capacity to do so
(2) Wills that bequeath real property including devises and
devisees capacity
(3) Contracts which have for their subject matter real property
and the validity of such contracts
(4) Encumbrances and mortgages even if the contract was
created in a place different from where the real property is
located.

NOTE: For specific rules applicable to the Philippine setting, see ANNEX
A and B. This is optional.

==========================================================
G. RECOGNITION AND ENFORCEMENT OF FOREIGN
JUDGEMENTS AND ARBITRAL AWARDS
1. Recognition vs. Enforcement
2. Requisites before Foreign Judgments may be
Recognized
3. Exceptions to Recognition and Enforcement of
Foreign Judgements
==========================================================

1. RECOGNITION VS. ENFORCEMENT

A foreign judgement is recognized when it is given the same effect that
it has in the State where it was rendered with respect to the parties,
the subject matter of the action and the issues involved. Essentially, it
means extending the res judicata effect of a judgment obtained in one
State to another State.

A foreign judgment is enforced when, in addition to being recognized, a
party is given affirmative relief to which the judgment entitles him.

NOTE: In order to enforce a foreign judgment, it must be recognized.
However, recognizing a foreign judgment does not entail enforcement
thereof.

2. REQUISITES BEFORE FOREIGN JUDGMENTS MAY BE
RECOGNIZED

(1) There must be proof of the foreign judgment
(2) The judgment must be on a civil or commercial matter
(3) There must be no lack of jurisdiction, no want of notice, no
collusion, no fraud, no clear mistake of law or fact
(4) The judgment must not contravene a sound and established
public policy of the forum
(5) The judgment must be res judicata in the state that
rendered it.

NOTE: Under (3), the Section 50, Rules of Court provides, to wit:

Section 50. Effect of Foreign Judgments. The effect of a
judgment of a tribunal of a foreign country, having
jurisdiction to pronounce the judgment is as follows:

(a) In case of a judgment against a specific thing, the
judgment is conclusive upon the title to the thing.

(b) In case of a judgment against a person, the
judgment is presumptive evidence of a right as
between the parties and their successors in interest by
a subsequent title; but the judgment 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. (emphasis supplied)

3. EXCEPTIONS TO RECOGNITION AND ENFORCEMENT OF FOREIGN JUDGEMENTS

(1) If the defendant is not given reasonable notice and
opportunity to be heard
(2) If is a foreign judgment in criminal cases, tax cases or strictly
administrative proceedings
(3) If the court who issued the judgment is without jurisdiction
(4) If the judgment emanated from an impartial court
(5) If the judgment is not valid according to the law of the court
that delivered it
(6) If the judgment is not yet final so as to amount to res
judicata in the country where it was delivered
(7) If is a judgment for the payment of money where no fixed
sum is specified
(8) If the foreign judgment was not disposed of the controversy
on its merits
(9) If the foreign judgment is contrary to public policy or the
canons of morality of the place where it is sought to be
enforced or recognized
(10) If it is contrary to natural or substantial justice
(11) If the foreign judgment was obtained by fraud
(12) If the foreign judgment constitutes a clear mistake of law or
fact

(The exceptions to application of foreign law are generally applicable as
exceptions to the recognition and enforcement of foreign judgments.)


NOTE: In relation to (12), if the court delivering the judgment committed
a mistake and the litigant is dissatisfied, the remedy is to appeal in the
forum of the judgment. Courts of other Jurisdictions should not, as a
matter of propriety and fairness, assume the power of passing
judgment on the correctness of the interpretation of the law and the
evaluation of facts upon which the judgment was founded.

However, in Nagarmull vs. Binalbagan Isabela Sugar Co. 33 SCRA 46
(1970), the Supreme Court ruled that the decision of the Tribunal of
Arbitration of the Bengal Chamber of Commerce and of the High Court
of Calcutta failed to apply to the facts the fundamental principle of
contract and refused to recognize and enforce the judgment on the
ground of clear mistake of law.







































































ANNEX A

(Source: Rinchels Notes on Conflicts)

RULES ON STATUS IN GENERAL
FACTUAL SITUATION POINT OF CONTACT
1 Beginning of personality of natural person National law of the child (Article 15, CC)
2 Ways & effects of emancipation Same
3 Age of majority Same
4 Use of names and surnames Same
5 Use of titles of nobility Same
6 Absence Same
7 Presumptive death & survivorship Lex fori (Article 43, 390, 391, CC; Rule 131 5 [jj], Rules of
Court)

RULES ON MARRIAGE AS A CONTRACT
FACTUAL SITUATION POINT OF CONTACT
C
e
l
e
b
r
a
t
e
d

A
b
r
o
a
d

Between Filipinos


Lex loci celebrationis is without prejudice to the exceptions
under Articles 25, 35 (1, 4, 5 & 6), 36, 37 & 38 of the Family
Code (bigamous & incestuous marriages) & consular
marriages
Between Foreigners Lex loci celebrationis EXCEPT if the marriage is:
a. Highly immoral (like bigamous/ polygamous marriages)
b. Universally considered incestuous (between brother-
sister, and ascendants-descendants)
Mixed Apply 1 (b) to uphold validity of marriage
C
e
l
e
b
r
a
t
e
d

i
n

R
P

Between Foreigners National law (Article 21, FC) PROVIDED the marriage is not
highly immoral or universally considered incestuous)
Mixed National law of Filipino (otherwise public policy may be
militated against)
Marriage by proxy (NOTE: a marriage by proxy is considered
celebrated where the proxy appears
Lex loci celebrationis (with prejudice to the foregoing rules)

RULES ON MARRIAGE AS A STATUS
FACTUAL SITUATION POINT OF CONTACT
1



Personal rights & obligations between husband & wife National of husband
(Note: Effect of subsequent change of nationality:
a. If both will have a new nationality the new one
b. If only one will change the last common nationality
c. If no common nationality nationality of husband at
the time of wedding)
2 Property relations bet husband & wife National law of husband without prejudice to what the CC
provides concerning REAL property located in the RP (Article
80) (NOTE: Change of nationality has NO EFFECT. This is the
DOCTRINE OF IMMUTABILITY IN THE MATRIMONIAL
PROPERTY REGIME)

RULES ON PROPERTY
FACTUAL SITUATION POINT OF CONTACT
REAL PROPERTY Lex rei sitae (Article 16, CC)
E
x
c
e
p
t
i
o
n
s

Successional rights National law of decedent (Article 16 par. 2, CC)

Capacity to succeed National law of decedent (Article. 1039)

Contracts involving real property which do not deal with the
title thereto
The law intended will be the proper law of the contract (lex
loci voluntantis or lex loci intentionis)

Contracts where the real property is given as security The principal contract (usually loan) is 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 property EXCEPTION: same as those for real property EXCEPT that in
the example concerning mortgage, the same must be
changed to pledge of personal property)
2 MEANS OF TRANSPORTATION


Vessels Law of the flag (or in some cases, place of registry)

Other means Law of the depot (storage place for supplies or resting place)

3 THINGS IN TRANSITU (THESE THINGS HAVE A CHANGING STATUS BECAUSE
THEY MOVE)


Loss, destruction, deterioration

Law of the destination (Article. 1753, CC)
Validity & effect of the seizure of the goods


Locus regit actum (where seized) because said place is
their temporary situs
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 assignment of debts
(garnishment)
Where debtor may be effectively served 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 instrument The right embodied in the instrument (for example, in the
case of a Swedish bill of exchange, Swedish law determines
its negotiability)
6 Validity of transfer, delivery or negotiation of the instrument In general, situs of the instrument at the time of transfer,
delivery or negotiation
7 Effect on a corporation of the sale of corporate shares Law of the place incorporation
8 Effect between the parties of the sale of corporate shares Lex loci voluntatis or lex loci intentionis (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 shares Law of the place of incorporation
10 Taxation on the income from the sale of corporate shares Law of the place where the sale was consummated
11 Franchises Law of the place that granted them
12 Goodwill of the business & taxation thereto Law of the place where the business is carried on
13 Patents, copyrights, trademarks, trade names In the absence of a treaty, they are 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)
1 Made by Filipinos abroad Lex nationalii (void, even if valid where made) (Article 819)
2 Made by aliens abroad Valid if valid according to lex domicilii or lex loci celebrationis
(Article 819)
3 Made by aliens in the RP Lex loci celebrationis therefore void even if apparently
allowed by Article 817 because the prohibition on joint wills
is a clear expression of public policy
INTRINSIC VALIDITY OF WILLS Lex nationalii of the deceased regardless of the LOCATION
& NATURE of the property (Article 16 (2))
CAPACITY TO SUCCEED Lex nationalii of the deceased not of the heir (Article 1039)
REVOCATION OF WILLS
1 If done in the RP Lex loci actus (of the revocation) (Article. 829)
2 If done OUTSIDE the RP


a. By a NON-DOMICILIARY Lex loci celebrationis (of the making of the will, NOT
revocation), OR lex domicilii (Article 829)

b. By a DOMICILIARY of the RP Lex domicilii (RP law) OR lex loci actus (of the revocation)
(Article 17)
PROBATE OF WILLS MADE ABROAD
1 If not yet probated abroad Lex fori of the RP applies as to the procedural aspects, i.e.,
the will must be fully probated here & due execution must
be shown
2 If already probated abroad Lex fori of the RP again applies as to the procedural aspects;
must also be probated here, but instead of proving due
execution, generally it is enough to ask for the enforcement
here of the foreign judgment on the probate abroad
EXECUTORS AND ADMINISTRATORS
1 Where appointed Place where domiciled at death or incase of non-domiciliary,
where assets are found
2 Powers Co-extensive with the qualifying of the appointing court

powers may only be exercised within the territorial
jurisdiction of the court concerned
NOTE: these rules also apply to principal, domiciliary, or
ancillary administrators & receivers even in non-successive
cases

RULES ON OBLIGATION AND CONTRACTS
FACTUAL SITUATION POINT OF CONTACT
FORMAL OR EXTRINSIC VALIDITY Lex loci celebrationis (Article 17 {1})
Exceptions


a. Alienation & encumbrance of property

Lex situs (Article 16 [1])

b. Consular contracts Law of the RP (if made in RP consulates)
CAPACITY OF CONTRACTING PARTIES National law (Article 15) without prejudice to the case of
Insular Government v Frank 13 P 236, where the SC adhered
to the theory of lex loci celebrationis
Exception


Alienation & encumbrance of property Lex situs (Article 16 {1})
INTRINSIC VALIDITY (INCLUDING INTERPRETATION OF THE INSTRUMENTS, AND
AMT. OF DAMAGES FOR BREACH)

Proper law of the contract lex contractus (in the broad
sense), meaning the lex voluntatis or lex loci intentionis


OTHER THEORIES ARE:
a. Lex loci celebrationis (defect: this makes possible the evasion of the national law)
b. Lex nationalii (defect: this may impede commercial transactions)
c. Lex loci solutionis (law of the place of performance) (defect: there may be several places of performance
d. Prof Minors solution:
i. Perfection lex loci celebrationis
ii. Cause or consideration lex loci considerations
iii. Performance lex loci solutionis (defect: this theory combines the defect of the others)

RULES ON TORTS
FACTUAL SITUATION POINT OF CONTACT
Liability & damages for torts in general

NOTE: The locus delicti (place of commission of torts) is faced by
the problem of characterization. In civil law countries, the locus
delicti is generally where the act began; in common law
countries, it is where the act first became effective
Lex loci delicti (law of the place where the delict was committed)

NOTE: liability for foreign torts may be enforced in the RP if:
a. The tort is not penal in character
b. If the enforcement of the tortious liability wont
contravene our public 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 PENALTIES Generally where committed (locus regit 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, murder, infanticide
& parricide
Where the victim was injured (not where 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 Estafa or swindling thru false representation Where the object of the crime was received (not where the
false representations were made)
6 Conspiracy to commit treason, rebellion, or sedition
NOTE: Other conspiracies are NOT penalized by our laws
Where the conspiracy was formed (not where the overt act
of treason, rebellion or sedition was committed)

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 cant 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 (requisites); kind of stocks,
transfer of stocks to bind the corporation, issuance, amount
& legality & dividends, powers & duties of members,
stockholders and officers
Law of the place of incorporation
Validity of corporate acts & contracts (including ultra vires
acts)
Law of the place of incorporation & law of the place of
performance (the act or contract must be authorized by
BOTH laws)
Right to sue & amenability to court processes & suits
against it
Lex fori
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 personality of the
firm; the capacity to contract; liability of the firm & the
partners to 3
rd
persons
The personal law of the partnership, i.e., the law of the
place where it was created (Article 15 of the Code of
Commerce) (Subject to the exceptions given above as in the
case of corps.)
Creation of branches in the RP; validity & effect of the
branches commercial transaction; & the jurisdiction of the
court
RP law (law of the place where branches were created)
(Article 15, Code of Commerce)
Dissolution, winding up, & termination of branches in the RP RP law (Article 15, Code of Commerce)
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 INDEPENDENT OF INDIVIDUALS,
USUALLY NOT FOR PROFIT)
Personal law of the foundation (place of principal center of
administration)












































ANNEX B

SOURCES OF CONFLICTS OF LAWS
A compilation of all relevant Philippine laws containing conflicts of law provisions

1. Family Code

Articles 10, 21, 26, 35, 36, 37, 38, 80, 96, 184, and 187

Art. 10. Marriages between Filipino citizens abroad may be solemnized by a consul-general, consul or vice-consul of the Republic of the
Philippines. The issuance of the marriage license and the duties of the local civil registrar and of the solemnizing officer with regard to the
celebration of marriage shall be performed by said consular official.

Art. 21. When either or both of the contracting parties are citizens of a foreign country, it shall be necessary for them before a mar riage
license can be obtained, to submit a certificate of legal capacity to contract marriage, issued by their respective diplomatic or consular
officials.

Art. 26. All marriages solemnized outside the Philippines, in accordance with the laws in force in the country where they were solemnized,
and valid there as such, shall also be valid in this country, except those prohibited under Articles 35 (1), (4), (5) and (6), 3637 and 38.

Art. 35. The following marriages shall be void from the beginning:
(1) Those contracted by any party below eighteen years of age even with the consent of parents or guardians;
(2) Those solemnized by any person not legally authorized to perform marriages unless such marriages were contracted with eit her
or both parties believing in good faith that the solemnizing officer had the legal authority to do so;
(3) Those solemnized without license, except those covered the preceding Chapter;
(4) Those bigamous or polygamous marriages not failing under Article 41;
(5) Those contracted through mistake of one contracting party as to the identity of the other; and
(6) Those subsequent marriages that are void under Article 53.

Art. 36. A marriage contracted by any party who, at the time of the celebration, was psychologically incapacitated to comply with the essential
marital obligations of marriage, shall likewise be void even if such incapacity becomes manifest only after its solemnization.

Art. 37. Marriages between the following are incestuous and void from the beginning, whether relationship between the parties be legitimate
or illegitimate:

(1) Between ascendants and descendants of any degree; and
(2) Between brothers and sisters, whether of the full or half blood.

Art. 38. The following marriages shall be void from the beginning for reasons of public policy:
(1) Between collateral blood relatives whether legitimate or illegitimate, up to the fourth civil degree;
(2) Between step-parents and step-children;
(3) Between parents-in-law and children-in-law;
(4) Between the adopting parent and the adopted child;
(5) Between the surviving spouse of the adopting parent and the adopted child;
(6) Between the surviving spouse of the adopted child and the adopter;
(7) Between an adopted child and a legitimate child of the adopter;
(8) Between adopted children of the same adopter; and
(9) Between parties where one, with the intention to marry the other, killed that other person's spouse, or his or her own spouse.



Art. 80. In the absence of a contrary stipulation in a marriage settlement, the property relations of the spouses shall be governed by Philippine
laws, regardless of the place of the celebration of the marriage and their residence.
This rule shall not apply:
(1) Where both spouses are aliens;
(2) With respect to the extrinsic validity of contracts affecting property not situated in the Philippines and executed in the country
where the property is located; and
(3) With respect to the extrinsic validity of contracts entered into in the Philippines but affecting property situated in a foreign
country whose laws require different formalities for its extrinsic validity.

Art. 96. The administration and enjoyment of the community property shall belong to both spouses jointly. In case of disagreement, the
husband's decision shall prevail, subject to recourse to the court by the wife for proper remedy, which must be availed of wi thin five years
from the date of the contract implementing such decision.
In the event that one spouse is incapacitated or otherwise unable to participate in the administration of the common properti es, the other
spouse may assume sole powers of administration. These powers do not include disposition or encumbrance without authority of the court or
the written consent of the other spouse. In the absence of such authority or consent, the disposition or encumbrance shall be void. However,
the transaction shall be construed as a continuing offer on the part of the consenting spouse and the third person, and may be perfected as a
binding contract upon the acceptance by the other spouse or authorization by the court before the offer is withdrawn by either or both
offerors.

Art. 184. The following persons may not adopt:
(1) The guardian with respect to the ward prior to the approval of the final accounts rendered upon the termination of their
guardianship relation;
(2) Any person who has been convicted of a crime involving moral turpitude;
(3) An alien, except:
(a) A former Filipino citizen who seeks to adopt a relative by consanguinity;
(b) One who seeks to adopt the legitimate child of his or her Filipino spouse; or
(c) One who is married to a Filipino citizen and seeks to adopt jointly with his or her spouse a relative by consanguinity
of the latter.
Aliens not included in the foregoing exceptions may adopt Filipino children in accordance with the rules on inter-country adoptions
as may be provided by law.

Art. 187. The following may not be adopted:
(1) A person of legal age, unless he or she is a child by nature of the adopter or his or her spouse, or, prior to the adopti on, said
person has been consistently considered and treated by the adopter as his or her own chil d during minority.
(2) An alien with whose government the Republic of the Philippines has no diplomatic relations; and
(3) A person who has already been adopted unless such adoption has been previously revoked or rescinded.



2. Civil Code

Articles 14, 15, 16, 17, 815, 816, 817, 819, 829, 1039, 1319 and 1753

Article 14. Penal laws and those of public security and safety shall be obligatory upon all who live or sojourn in the Philippine territory, subject
to the principles of public international law and to treaty stipulations.

Article 15. Laws relating to family rights and duties, or to the status, condition and legal capacity of persons are binding upon citizens of the
Philippines, even though living abroad.

Article 16. Real property as well as personal property is subject to the law of the country where it is stipulated.
However, intestate and testamentary successions, both with respect to the order of succession and to the amount of successional rights and
to the intrinsic validity of testamentary provisions, shall be regulated by the national law of the person whose succession is under
consideration, whatever may be the nature of the property and regardless of the country wherein said property may be found.

Article 17. The forms and solemnities of contracts, wills, and other public instruments shall be governed by the laws of the country in which
they are executed.


Article 815. When a Filipino is in a foreign country, he is authorized to make a will in any of the forms established by the law of the country in
which he may be. Such will may be probated in the Philippines. (n)

Article 816. The will of an alien who is abroad produces effect in the Philippines if made with the formalities prescribed by the law of t he place
in which he resides, or according to the formalities observed in his country, or in conformity with those which this Code prescribes. (n)

Article 817. A will made in the Philippines by a citizen or subject of another country, which is executed in accordance with the law of the
country of which he is a citizen or subject, and which might be proved and allowed by the law of his own country, shall have the same effect as
if executed according to the laws of the Philippines.

Article 819. Wills, prohibited by the preceding article, executed by Filipinos in a foreign country shall not be valid in the Philippines, even
though authorized by the laws of the country where they may have been executed.

Article 829. A revocation done outside the Philippines, by a person who does not have his domi cile in this country, is valid when it is done
according to the law of the place where the will was made, or according to the law of the place in which the testator had his domicile at the
time; and if the revocation takes place in this country, when it is in accordance with the provisions of this Code.

Article 1039. Capacity to succeed is governed by the law of the nation of the decedent.

Article 1319. Consent is manifested by the meeting of the offer and the acceptance upon the thing and the cause which are to constitute the
contract. The offer must be certain and the acceptance absolute. A qualified acceptance constitutes a counter-offer.

Acceptance made by letter or telegram does not bind the offerer except from the time it came to his knowledge. The contract, in such a case,
is presumed to have been entered into in the place where the offer was made.

Article 1753. The law of the country to which the goods are to be transported shall govern the liability of the common carrier for their loss,
destruction or deterioration.


3. Revised Penal Code

Article 2

Article 2. Application of its provisions. - Except as provided in the treaties and laws of preferential application, the provisions of this Code shall
be enforced not only within the Philippine Archipelago, including its atmosphere, its interior waters and maritime zone, but also outside of its
jurisdiction, against those who:

1. Should commit an offense while on a Philippine ship or airship;
2. Should forge or counterfeit any coin or currency note of the Philippine Islands or obligations and securities issued by the
Government of the Philippine Islands;
3. Should be liable for acts connected with the introduction into these islands of the obligations and securities mentioned i n the
preceding number;
4. While being public officers or employees, should commit an offense in the exercise of their functions; or
5. Should commit any of the crimes against national security and the law of nations, defined in Title One of Book Two of this Code.


4. Corporation Code

Section 133

Section 133. Doing business without a license. - No foreign corporation transacting business in the Philippines without a license, or its
successors or assigns, shall be permitted to maintain or intervene in any action, suit or proceeding in any court or administrative agency of the
Philippines; but such corporation may be sued or proceeded against before Philippine courts or administrative tribunals on any valid cause of
action recognized under Philippine laws.



5. Constitution

Article IV and Article V, Section 1

ARTICLE IV
CITIZENSHIP

Section 1. The following are citizens of the Philippines:
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 Philippines;

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 the accordance with law.

Section 2. Natural-born citizens are those who are citizens of the Philippines from birth without having to perform any act to acquire or
perfect their Philippine citizenship. Those who elect Philippine citizenship in accordance with paragraph (3), Section 1 hereof shall be deemed
natural-born citizens.

Section 3. Philippine citizenship may be lost or reacquired in the manner provided by law.

Section 4. 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 it.

Section 5. Dual allegiance of citizens is inimical to the national interest and shall be dealt with by law.

ARTICLE V
SUFFRAGE

Section 1. Suffrage may be exercised by all citizens of the Philippines, not otherwise disqualified by law, who are at least eighteen years of
age, and who shall have resided in the Philippines for at least one year and in the place wherein they propose to vote, for at least six months
immediately preceding the election. No literacy, property, or other substantive requirement shall be imposed on the exercise of suffrage.


6. Rules of Court

Rules 14 and 39, Section 48, Rule 131, Section 3(n), 132, Section 25

RULE 14
SUMMONS

SECTION 1. Clerk to issue summons.Upon the filing of the complaint and the payment of the requisite legal fees, the clerk of court shall
forthwith issue the corresponding summons to the defendants. (1a)

SEC. 2. Contents.The summons shall be directed to the defendant, signed by the clerk of court under seal, and contain: (a) the name of the
court and the names of the parties to the action; (b) a direction that the defendant answer within the time fixed by these Rules; (c) a notice
that unless the defendant so answers, plaintiff will take judgment by default and may be granted the relief applied for.

A copy of the complaint and order for appointment of guardian ad litem, if any, shall be attached to the original and each copy of the
summons. (3a)

SEC. 3. By whom served.The summons may be served by the sheriff, his deputy, or other proper court officer, or for justifiable reasons by
any suitable person authorized by the court issuing the summons. (5a)

SEC. 4. Return.When the service has been completed, the server shall, within five (5) days therefrom, serve a copy of the return, personally
or by registered mail, to the plaintiffs counsel, and shall return the summons to the clerk who issued it, accompanied by proof of service. (6a)

SEC. 5. Issuance of alias summons. If a summons is returned without being served on any or all of the defendants, the server shall also serve
a copy of the return on the plaintiffs counsel, stating the reasons for the failure of service, within five (5) days therefr om. In such a case, or if
the summons has been lost, the clerk, on demand of the plaintiff, may issue an alias summons. (4a)

SEC. 6. Service in person on defendant. Whenever practicable, the summons shall be served handing a copy thereof to the defendant in
person, or, if he refuses to receive and sign for it, by tendering it to him. (7a)
SEC. 7. Substituted service. If, for justifiable causes, the defendant cannot be served within a reasonable time as provided in the preceding
section, service may be effected (a) by leaving copies of the summons at the defendants residence with some person of suitable age and
discretion then residing therein, or (b) by leaving the copies at defendants office or regular place of business with some competent person in
charge thereof. (8a)

SEC 8. Service upon entity without juridical personality. When persons associated in an entity without juridical personality are sued under
the name by which they are generally or commonly known, service may be effected upon all the defendants by serving upon any one of them,
or upon the person in charge of the office or place of business maintained in such name. But such service shall not bind individually any
person whose connection with the entity has, upon due notice, been severed before the action was brought. (9a)

SEC. 9. Service upon prisoners.When the defendant is a prisoner confined in a jail or institution, service shall be effected upon him by the
officer having the management of such jail or institution who is deemed deputized as a special sheriff for said purpose. (12a)

SEC. 10. Service upon minors and incompetents When the defendant is a minor, insane or otherwise an incompetent, service shall be made
upon him personally and on his legal guardian if he has one, or if none, upon his guardian ad litem whose appointment shall be applied for by
the plaintiff. In the case of a minor, service may also be made on his father or mother. (10a, 11a)

SEC. 11. Service upon domestic private juridical entity.When the defendant is a corporation, partnership or association organized under the
laws of the Philippines with a juridical personality, service may be made on the president, managing partner, general manager, corporate
secretary, treasurer, or in-house counsel. (13a)

SEC. 12. Service upon foreign private juridical entity.When the defendant is a foreign private juridical entity which has transacted business in
the Philippines, service may be made on its resident agent designated in accordance with law for that purpose, or, if there be no such agent,
on the government official designated by law to that effect, or on any of its officers or agents within the Philippines. (14a)

SEC. 13. Service upon public corporations.When the defendant is the Republic of the Philippines, service may be effected on the Solicitor
General; in case of a province, city or municipality, or like public corporations, service may be effected on its executive head, or on such other
officer or officers as the law or the court may direct. (15)

SEC. 14. Service upon defendant whose identity or whereabouts are unknown.In any action where the defendant is designated as an
unknown owner, or the like, or whenever his whereabouts are unknown and cannot be ascertained by diligent inquiry, service may, by leave
of court, be effected upon him by publication in a newspaper of general circulation and in such places and for such time as the court may
order. (16a)

SEC. 15. Extraterritorial service.When the defendant does not reside and is not found in the Philippines, and the action affects the personal
status of the plaintiff or relates to, or the subject of which is, property within the Philippines, in which the defendant has or claims a lien or
interest, actual or contingent; or in which the relief demanded consists, wholly or in part, in excluding the defendant from any interest

therein, or the property of the defendant has been attached within the Philippines, service may, by leave of court, be effected out of the
Philippines by personal service as under section 6; or by publication in a newspaper of general circulation in such places and for such time as
the court may order, in which case a copy of the summons and order of the court shall be sent by registered mail to the last known address of
the defendant, or in any other manner the court may deem sufficient. Any order granting such leave shall specify a reasonable time, which
shall not be less than sixty (60) days after notice, within which the defendant must answer. (17a)

SEC. 16. Residents temporarily out of the Philippines.When any action is commenced against a defendant who ordinarily resides within
the Philippines, but who is temporarily out of it, service may, by leave of court, be also effected out of the Philippines, as under the preceding
section. (18a)

SEC. 17. Leave of court.Any application to the court under this Rule for leave to effect service in any manner for which leave of court is
necessary shall be made by motion in writing, supported by affidavit of the plaintiff or some person on his behalf setting forth the grounds for
the application. (19)

SEC. 18. Proof of service.The proof of service of a summons shall be made in writing by the server and shall set forth the manner, place, and
date of service; shall specify any papers which have been served with the process and the name of the person who received the same; and
shall be sworn to when made by a person other than a sheriff or his deputy. (20)

SEC. 19. Proof of service by publication.If the service has been made by publication, service may be proved by the affidavit of the printer, his
foreman or principal clerk, or of the editor, business or advertising manager, to which affidavit a copy of the publication shall be attached, and
by an affidavit showing the deposit of a copy of the summons and order for publication in the post office, postage prepaid, directed to the
defendant by registered mail to his last known address. (21)

SEC. 20. Voluntary appearance.The defendants voluntary appearance in the action shall be equivalent to service of summons. The inclusion
in a motion to dismiss of other grounds aside from lack of jurisdiction over the person of the defendant shall not be deemed a voluntary
appearance. (23a)


RULE 39
EXECUTION, SATISFACTION AND EFFECT OF JUDGMENTS

SEC. 48. Effect of foreign judgments or final orders.The effect of a judgment or final order of a tribunal 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 of 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.

RULE 131
BURDEN OF PROOF AND PRESUMPTIONS

SEC. 3. Disputable presumptions.The following presumptions are satisfactory if uncontradicted, but may be contradicted and overcome by
other evidence:

Xxx

(n) That a court, or judge acting as such, whether in the Philippines or elsewhere, was acting in the lawful exercise of juri sdiction

Xxx

RULE 132
PRESENTATION OF EVIDENCE

B. AUTHENTICATION AND PROOF OF DOCUMENTS

SEC. 24. Proof of official record.The record of public documents referred to in paragraph (a) of Section 19, when admissible for any purpose,
may be evidenced by an official publication thereof or by a copy attested by the officer having the legal custody of the record, or by his
deputy, and accompanied, if the record is not kept in the Philippines, with a certificate that such officer has the custody. If the office in which
the record is kept is in a foreign country, the certificate may be made by a secretary of the embassy or legation, consul general, consul, vice
consul, or consular agent or by any officer in the foreign service of the Philippines stationed in the foreign country in whi ch the record is kept,
and authenticated by the seal of his office.