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SUGGESTED ANSWER:
A. (1.) The divorce secured by Felipe in California is recognizable
and valid in the Philippines because he was no longer a Filipino at
that time he secured it, Aliens may obtain divorces abroad which
may be recognized in the Philippines provided that they are valid
according to their national law (Van Dorn V. Romillo, Jr., 139 SCRA
139 [1985]; Quita v. Court of Appeals, 300 SCRA 406 [1998];
Llorente v. Court of Appeals, 345 SCRA 595 [2000] ).
(2). With respect to Felipe the divorce is valid, but with respect to
Felisa it is not. The divorce will not capacitate Felisa to remarry
because she and Felipe were both Filipinos at the time of their
marriage. However, in DOJ Opinion No. 134 series of 1993, Felisa is
allowed to remarry because the injustice sought to be corrected by
Article 26 also obtains in her case.
SUGGESTED ANSWER:
B. The foreigner who executes his will in the Philippines may
observed the formalities described in:
1. The Law of the country of which he is a citizen under Article 817
of the New Civil Code, or
2. the law of the Philippines being the law of the place of execution
under Article 17 of the New Civil Code.
SUGGESTED ANSWER:
C. Philippine law will not govern the intrinsic validity of the will.
Article 16 of the New Civil Code provides that intrinsic validity of
testamentary provisions shall be governed by the National Law of
the person whose succession is under consideration. California law
will govern the intrinsic validity of the will.
Applicable Laws; Capacity to Act (1998)
Francis Albert, a citizen and resident of New Jersey, U.S.A.,
under whose law he was still a minor, being only 20 years of
age, was hired by ABC Corporation of Manila to serve for
ALTERNATIVE ANSWERS;
a) Their claim is not correct. Assuming that the second contract is
binding under Hongkong law, such second contract is invalid under
Philippine law which recognizes as valid only the first contract.
Since the case is being litigated in the Philippines, the Philippine
Court as the forum will not enforce any foreign claim obnoxious to
the forum's public policy. There is a strong public policy enshrined
in our Constitution on the protection of labor.
Therefore, the
second contract shall be disregarded and the first contract will be
enforced. (Cadalin v. POEA, 238 SCRA 762).
b) No, their claim is not correct. The second contract executed in
Hongkong, partakes of the nature of a waiver that is contrary to
Philippine law and the public policy governing Filipino overseas
workers. Art. 17, provides that our prohibitive laws concerning
persons, their acts, or their property or which have for their object
public order, public policy and good customs shall not be rendered
ineffective by laws or conventions agreed upon in a foreign country.
Besides, Alma's consent to the second contract was vitiated by
undue influence, being virtually helpless and under financial
distress in a foreign country, as indicated by the given fact that she
signed because she had no choice. Therefore, the defendants claim
that the contract is valid under Hongkong law should be rejected
since under the DOCTRINE OF PROCESSUAL PRESUMPTION a
foreign law is deemed similar or identical to Philippine law in the
absence of proof to the contrary, and such is not mentioned in the
problem as having been adduced.
Yes. Under Articles 815 and 17 of the Civil Code, the formality of
the execution of a will is governed by the law of the place of
execution. If the will was executed with the formalities prescribed
by the laws of Kuwait and valid there as such, the will is valid and
may be probated in the Philippines.
Definition;
Cognovit;
Borrowing
Statute;
Characterization(1994)
In Private International Law (Conflict of Laws) what is: 1}
Cognovit? 2) A borrowing statute? 3) Characterization?
2.
What law regulates the distribution of the real
properties in the Philippines? Explain your answer and give
its legal basis.
3. What law governs the distribution of the personal
properties in Germany? Explain your answer and give its
legal basis.
SUGGESTED ANSWER:
Assuming that the estate of the decedent is being settled in the
Philippines)
1. The national law of the decedent (French law) shall govern in
determining who will succeed to his estate. The legal basis is Art.
16 par. 2, NCC.
ALTERNATIVE ANSWER:
French law shall govern the distribution of his real properties in the
Philippines except when the real property is land which may be
transmitted to a foreigner only by hereditary succession.
SUGGESTED ANSWER:
2. The distribution of the real properties in the Philippines shall be
governed by French law. The legal basis is Art. 16, NCC).
SUGGESTED ANSWER:
shall be governed by French law. The legal basis is Art. 16, NCC).
Applicable Laws; Wills executed abroad (1993)
A, a Filipino, executed a will in Kuwait while there as a
contract worker. Assume that under the laws of Kuwait, it is
enough that the testator affix his signature to the presence
of two witnesses and that the will need not be
acknowledged before a notary public. May the will be
probated in the Philippines?
SUGGESTED ANSWER:
SUGGESTED ANSWER:
1) a) COGNOVIT is a confession of judgment whereby a portion of
the complaint is confessed by the defendant who denies the rest
thereof (Philippine law Dictionary, 3rd Ed.) (Ocampo v. Florenciano,
L-M 13553, 2/23/50).
b) COGNOVIT is a "statement of confession" Oftentimes, it is
referred to as a "power of attorney" or simply as a "power", it is the
written authority of the debtor and his direction to the clerk of the
district court, or justice of the peace to enter judgment against the
debtor as stated therein. (Words and Phrases, vol. 7, pp. 115-166).
c) COGNOVIT is a plea in an action which acknowledges that the
defendant did undertake and promise as the plaintiff in its
declaration has alleged, and that it cannot deny that it owes and
unjustly detains from the plaintiff the sum claimed by him in his
declaration, and consents that judgment be entered against the
defendant for a certain sum. [Words and Phrases, vol. 7, pp. 115166).
d) COGNOVIT is a note authorizing a lawyer for confession of
judgment by defendant.
2) "BORROWING STATUTE" -Laws of the state or jurisdiction used
by another state in deciding conflicts questioned involved in the
choice of law (Black's Law Dictionary, 5th ed. 1979).
3) a) "CHARACTERIZATION" is otherwise called "classification" or
"qualification." It is the process of assigning a disputed question to
its correct legal category (Private International Law, Salonga).
b) "CHARACTERIZATION" is a process in determining under what
category a certain set of facts or rules fall. (Paras, Conflict of Laws,
p. 94. 1984 ed.)
Definition; forum non-conveniens; long-arm statute (1994)
1) What is the doctrine of Forum non conveniens? 2) What
is a "long arm statute"?
SUGGESTED ANSWER:
the view that the action may be justly and effectively adjudicated
elsewhere.
SUGGESTED ANSWER:
C. No, the Philippine courts cannot acquire jurisdiction over the
case of Felipe. Firstly, under the rule of forum non conveniens, the
Philippine court is not a convenient forum as all the incidents of the
case occurred outside the Philippines. Neither are both Coals and
Energy doing business inside the Philippines. Secondly, the
contracts were not perfected in the Philippines. Under the principle
of lex loci contractus, the law of the place where the contract is
made shall apply. Lastly, the Philippine court has no power to
determine the facts surrounding the execution of said contracts.
And even if a proper decision could be reached, such would have
no biding effect on Coals and Energy as the court was not able to
acquire jurisdiction over the said corporations. (Manila Hotel
Corp. v. NLRC. 343 SCRA 1, 1314[2000])
Nationality Theory (2004)
PH and LV are HK Chinese. Their parents are now Filipino
citizens who live in Manila. While still students in MNS
State, they got married although they are first cousins. It
appears that both in HK and in MNS State first cousins
could marry legally.
They plan to reside and set up business in the Philippines.
But they have been informed, however, that the marriage of
first cousins here is considered void from the beginning by
reason of public policy. They are in a dilemma. They dont
want to break Philippine law, much less their marriage vow.
They seek your advice on whether their civil status will be
adversely affected by Philippine domestic law? What is your
advice? (5%)
SUGGESTED ANSWER:
My advise is as follows: The civil status of' PH and LV will not be
adversely affected by Philippine law because they are nationals of
Hong Kong and not Filipino citizens.Being foreigners, their status,
conditions and legal capacity in the Philippines are governed by the
law of Hong Kong, the
valid under Hong Kong law, it shall be valid and respected in the
Philippines.
Naturalization (2003)
Miss Universe, from Finland, came to the Philippines on a
tourist visa. While in this country, she fell in love with and
married a Filipino doctor. Her tourist visa having been
SUGGESTED ANSWER:
a) Using the "SIGNIFICANT RELATIONSHIPS THEORY", there are
contacts significant to the Philippines. Among these are that the
place of business is the Philippines, the employee concerned is a
Filipino and the suit was filed in the Philippines, thereby justifying
the application of Philippine law. In the American Airlines case the
Court held that when what is involved is PARAMOUNT STATE
INTEREST such as the protection of the rights of Filipino laborers,
the court can disregard choice of forum and choice of law.
Therefore the Philippine Court should not apply the stipulation in
question.
ALTERNATIVE ANSWER:
b) No, lex fori should be applied because the suit is filed in
Philippine courts and Eric was hired in the Philippines. The
Philippine Constitution affords full protection to labor and the
stipulation as to summary dismissal runs counter to our
fundamental and statutory laws.
Torts; Prescriptive Period (2004)
In a class suit for damages, plaintiffs claimed they suffered injuries
from torture during martial law. The suit was filed upon President
EMs arrival on exile in HI, a U.S. state. The court in HI awarded
plaintiffs the equivalent of P100 billion under the U.S. law on alien
tort claims. On appeal, EMs Estate raised the issue of prescription.
It argued that since said U.S. law is silent on the matter, the court
should apply: (1) HIs law setting a two-year limitation on tort
claims; or (2) the Philippine law which appears to require that
claims for personal injury arising from martial law be brought within
one year.
Plaintiffs countered that provisions of the most analogous federal
statute, the Torture Victims Protection Act, should be applied. It sets
ten years as the period for prescription. Moreover, they argued that
equity could toll the statute of limitations. For it appeared that EM
had procured Constitutional amendments granting himself and
those acting under his direction immunity from suit during his
tenure.
In this case, has prescription set in or not? Considering the
differences in the cited laws, which prescriptive period should be
applied: one year under Philippine law, two years under HIs law,
ten years under U.S. federal law, or none of the above? Explain.
(5%)
SUGGESTED ANSWER:
The US Court will apply US law, the law of the Jorum, in determining
the applicable prescriptive period. While US law is silent on this