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Lex Situs (Art.

16)

Conflicts of law - Part of international law which deals with legal problems involving foreign element concerning the conflict in the
application of local and foreign laws, raised in a proper forum.
That part of municipal law of a state which directs its courts and administrative agencies, when confronted with a legal problem
involving a foreign element, whether or not they should apply a foreign law/s (Paras).
Elements
I. Legal problem involving foreign element
--If there is no foreign element, there is no conflict of law.
Foreign elements is a factual situation that cut across territorial lines and affected by diverse laws of two or more states -- Saudia vs
Morada
1. One or both litigant is alien
2. Cause of action arises in foreign state
- location of the res
- place of celebration
- place of the act
- place of the crime
II. Assumption of the proper forum
Cases involving COL, forum may:
1. Refuse - apply forum non conviniens, no COL
2. Assume- forum may apply the following:
a. local law -- lex fori
b. Foreign law - lex causae
c -- apply both -- Cadalin vs POEA
III. Conflict between local and foreign law
- if there is no conflict between the two, there is nothing to resolve.
- court can apply foreign law if properly pleaded and proved, application discretionary to the court.
IV. Choice of law to be applied
-Which law applies? - depends on the factual situation and connection of the foreign element, apply characterization process
of determining under what category a certain set of facts or rules falls.
- Purpose - to enable the forum to select the proper law.
SOURCES of COL
Direct sources
Art. 14, 15, 16, 1039, 1183, 1347 at marami pa
Article 26 of Family Code
Section 129 of Corporation Code
Treaties - Hague convention, Warsaw, COGSA
Jurisprudence
International Custom
General Principles of law
lex loci celebrationis
LEx loci actus
LEx rei sitae/lex situs
lex loci delictus
lex loci contractus
lex domicilli
principle of territoriality
Kilberg doctrine
Indirect sources
foreign jurisprudence
journal of renowned legal writers.
OPTION OF FORUM IN CASE OF COL
1. Refuse - to do so would provide inconvenience to the forum
- if the only link is one of the respondent is a Filipino Citizen - MHC vs NLRC
- not all cases involving Filipino can be tried in local forum.
2. Assume jurisdiction - exercise of Sovereign Prerogative, if the court has jurisdiction of over the:
a. res
b. Subject matter
c. person
- court has discretion to proceed on the case.
REQUISITE OF ASSUMPTION of JURISDICTION
1. The Philippine court is one to which the parties may conveniently resolve;

2. That the Philippine court is in the position to make an intelligent decision as to the laws and facts
3. The Philippine court has likely to have the power to enforce the decision - MHC vs. NLRC
COURT MAY APPLY
1. Local law - aznar vs. GARcia
2. Foreign law - Bellis vs BEllis
3. Apply both - Cadalin vs .POEA
CHOICE OF LAW
-depends on the factual situation - different case, different application of law.
- there is no hard rule in the application of law.
- Foreign law has no extra-territorial effect- General Rule
there is an exception
1. JUSTIFICATION OF APPLICATION OF LOCAL LAWS
a. matter involving procedural law - apply law of the forum -based on lex fori
b. if foreign law is contrary to public policy of the forum
c. If application of foreign law or local law which give rights to the foreigner would result injustice to our national - salvacion vs
BCP
d. When court accept the renvoir - aznar vs garcia
e. when most of the factual situation referes to phil jurisdiction- saudia vs morada.

JUSTIFICATION OF APPLYING FOREIGN LAWS


1. When cause of action arises in foreign land.
2. If local law so provides - article 16, Bellis vs Bellis - lex domicilli
3. Principle of Comity
Note - Foreign law should be pleaded and proved , if not , presumed to be the same with the local law - DOCTRINE OF PROCESSUAL
PRESUMPTION
4. If There Is A Treaty - Warsaw, Santos Vs Northwest Orient Airline
DISTINGUISHED FROM PUBLIC INTERNATIONAL LAW
1
2

3
4

BASIS
Nature
Persons involved

CONFLICT OF LAW
Municipal in character
Dealt with by private individuals;
governs individuals in their private
transactions which involve a foreign
element

LAW OF NATIONS
International in character
Sovereign states and other entities possessing
international personality, e.g., UN; governs states in
their relationships amongst themselves

Transactions
involved
Remedies
and
Sanctions

Private transactions between private


individuals
Resort to municipal tribunals

Generally affected by public interest; those in general


are of interest only to sovereign states
May be peaceful or forcible
Peaceful: includes diplomatic negotiation, tender &
exercise of good offices, mediation, inquiry &
conciliation, arbitration, judicial settlement by ICJ,
reference to regional agencies
Forcible: includes severance of diplomatic relations,
retorsions, reprisals, embargo, boycott, nonintercourse, pacific blockades, collective measures
under the UN Charter, and war.

TERMS:
LEX DOMICILII - law of the domicile; in conflicts, the law of one's domicile applied in the choice of law questions
LEX FORI - law of the forum; that is, the positive law of the state, country or jurisdiction of whose judicial system of the court where the
suit is brought or remedy is sought is an integral part. Substantive rights are determined by the law where the action arose (lex loci)
while the procedural rights are governed by the law of the place of the forum (lex fori)
LEX LOCI - law of the place
LEX LOCI CONTRACTUS - the law of the place where the contract was made or law of the place where the contract is to be governed
(place of performance) which may or may not be the same as that of the place where it was made
LEX LOCI REI SITAE - law of the place where the thing or subject matter is situated; the title to realty or question of real estate law can be
affected only by the law of the place where it is situated
LEX SITUS - law of the place where property is situated; the general rule is that lands and other immovables are governed by the law of
the state where they are situated
LEX LOCI ACTUS - law of the place where the act was done
LEX LOCI CELEBRATIONIS - law of the place where the contract is made
LEX LOCI SOLUTIONIS - law of the place of solution; the law of the place where payment or performance of a contract is to be made
LEX LOCI DELICTI COMMISSI - law of the place where the crime took place
LEX MEREATORIA - law merchant; commercial law; that system of laws which is adopted by all commercial nations and constitute as part
of the law of the land; part of common law

LEX NON SCRIPTA - the unwritten common law, which includes general and particular customs and particular local laws
LEX PATRIAE - national law
RENVOI DOCTRINE - doctrine whereby a jural matter is presented which the conflict of laws rules of the forum refer to a foreign law which
in turn, refers the matter back to the law of the forum or a third state. When reference is made back to the law of the forum, this is said
to be "remission" while reference to a third state is called "transmission."
NATIONALITY THEORY - by virtue of which the status and capacity of an individual are generally governed by the law of his nationality.
This is principally adopted in the RP
DOMICILIARY THEORY - in general, the status, condition, rights, obligations, & capacity of a person should be governed by the law of his
domicile.
LONG ARM STATUTES - Statutes allowing the courts to exercise jurisdiction when there are minimum contacts between the non-resident
defendant and the forum.
WAYS OF DEALING WITH A CONFLICTS PROBLEM:
1.

Dismiss the case for lack of jurisdiction, or on the ground of forum non-conveniens
DOCTRINE OF FORUM NON CONVENIENS - the forum is inconvenient; the ends of justice would be best served by trial in
another forum; the controversy may be more suitably tried elsewhere

2.

Assume jurisdiction and apply either the law of the forum or of another state
a.

APPLY INTERNAL LAW - forum law should be applied whenever there is good reason to do so; there is a good reason when
any one of the following factors is present:
i.

A specific law of the forum decrees that internal law should apply

Examples:
Article. 16 of the Civil Code - real and personal property subject to the law of the country where they are situated and
testamentary succession governed by lex nationalii
Article 829 of the Civil Code - makes revocation done outside Philippines valid according to law of the place where
will was made or lex domicilii

Article 819 of the Civil Code - prohibits Filipinos from making joint wills even if valid in foreign country
ii.

The proper foreign law was not properly pleaded and proved

NOTICE AND PROOF OF FOREIGN LAW

iii.

As a general rule, courts do not take judicial notice of foreign laws; Foreign laws must be pleaded and proved
Effect of failure to plead and prove foreign law (3 alternatives) of the forum court:
(a) Dismiss the case for inability to establish cause of action
(b) Assume that the foreign law of the same as the law of the forum
(c) Apply the law of the forum
The case falls under any of the exceptions to the application of foreign law

Exceptions to application of foreign law:


(a) The foreign law is contrary to the public policy of the forum
(b) The foreign law is procedural in nature
(c) The case involves issues related to property, real or personal (lex situs)
(d) The issue involved in the enforcement of foreign claim is fiscal or administrative
(e) The foreign law or judgment is contrary to good morals (contra bonos mores)
(f) The foreign law is penal in character
(g) When application of the foreign law may work undeniable injustice to the citizens of the forum
(h) When application of the foreign law might endanger the vital interest of the state
b.

APPLY FOREIGN LAW - when properly pleaded and proved

THEORIES WHY FOREIGN LAW SHOULD BE GIVEN EFFECT


1.

Theory of Comity foreign law is applied because of its convenience & because we want to give protection to our citizens,
residents, & transients in our land

2.

Theory of Vested Rights we seek to enforce not 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.

3.

Theory of Local Law- adherents of this school of thought believe that we apply foreign law 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 & parcel of our local law

4.

Theory of Harmony of Laws theorists here insist that in many cases we have to apply the foreign laws so that wherever a case
is decided, that is, irrespective of the forum, the solution should be approximately the same; thus, identical or similar solutions
anywhere & everywhere. When the goal is realized, there will be harmony of laws

5.

Theory of Justice the purpose of all laws, including Conflict of Laws, is the dispensing of justice; if this can be attained in may
cases applying the proper foreign law, we must do so

RULES ON STATUS IN GENERAL


FACTUAL SITUATION
Beginning of personality of natural person
2
Ways & effects of emancipation
3
Age of majority
4
Use of names and surnames
5
Use of titles of nobility
6
Absence
7
Presumptive death & survivorship
RULES ON MARRIAGE AS A CONTRACT
FACTUAL SITUATION

POINT OF CONTACT
National law of the child (Article 15, CC)
Same
Same
Same
Same
Same
Lex fori (Article 43, 390, 391, CC; Rule 131 5 [jj], Rules of Court)
POINT OF CONTACT

Celebrated Abroad
Celebrated in RP

Between Filipinos
Between Foreigners

Mixed
Between Foreigners

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
1
Personal rights & obligations between husband &
wife

Property relations bet husband & wife

FACTUAL SITUATION
REAL PROPERTY
Successional rights
Exceptions

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
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)
Apply 1 (b) to uphold validity of marriage
National law (Article 21, FC) PROVIDED the marriage is not highly
immoral or universally considered incestuous)

POINT OF CONTACT
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)
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)

POINT OF CONTACT
Lex rei sitae (Article 16, CC)
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
2

EXCEPTION: same as those for real property EXCEPT that in the


example concerning mortgage, the same must be changed to
pledge of personal property)

MEANS OF TRANSPORTATION
Vessels

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

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

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

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

RULES ON PROPERTY
FACTUAL SITUATION
INTANGIBLE PERSONAL PROPERTY (CHOSES IN
ACTION)
1
Recovery of debts or involuntary assignment of
debts (garnishment)
2
Voluntary assignment of debts

3
4

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
Taxation of debts
Administration of debts

Negotiability or non-negotiability of an instrument

Validity of transfer, delivery or negotiation of the


instrument
Effect on a corporation of the sale of corporate
shares
Effect between the parties of the sale of
corporate shares

7
8
9
10
11
12
13

Taxation on the dividends of corporate shares


Taxation on the income from the sale of corporate
shares
Franchises
Goodwill of the business & taxation thereto
Patents, copyrights, trademarks, trade names

POINT OF CONTACT
Where debtor may be effectively served with summons (usually the
domicile)
Lex loci voluntatis or lex loci intentionis (proper law of the contract)

Domicile of creditor
Lex situs of assets of the debtor (for these assets can be held liable
for the debts)
The right embodied in the instrument (for example, in the case of a
Swedish bill of exchange, Swedish law determines its negotiability)
In general, situs of the instrument at the time of transfer, delivery or
negotiation
Law of the place incorporation
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)
Law of the place of incorporation
Law of the place where the sale was consummated
Law of the place that granted them
Law of the place where the business is carried on
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
EXTRINSIC VALIDITY OF JOINT WILLS (MADE IN THE SAME
INSTRUMENT)
1
Made by Filipinos abroad
2
Made by aliens abroad
3

Made by aliens in the RP

INTRINSIC VALIDITY OF WILLS


CAPACITY TO SUCCEED
REVOCATION OF WILLS
1
If done in the RP
2
If done OUTSIDE the RP

Lex loci actus (of the revocation) (Article. 829)

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)

If already probated abroad

EXECUTORS AND ADMINISTRATORS


1
Where appointed
2

Lex nationalii (void, even if valid where made) (Article 819)


Valid if valid according to lex domicilii or lex loci celebrationis (Article
819)
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
Lex nationalii of the deceased regardless of the LOCATION &
NATURE of the property (Article 16 (2))
Lex nationalii of the deceased not of the heir (Article 1039)

a.

PROBATE OF WILLS MADE ABROAD


1
If not yet probated abroad
2

POINT OF CONTACT

Powers

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
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
Place where domiciled at death or incase of non-domiciliary, where
assets are found
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

FACTUAL SITUATION
FORMAL OR EXTRINSIC VALIDITY
Exceptions
a.

POINT OF CONTACT
Lex loci celebrationis (Article 17 {1})

Alienation & encumbrance of property

Lex situs (Article 16 [1])

b. Consular contracts
CAPACITY OF CONTRACTING PARTIES

Law of the RP (if made in RP consulates)


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
INTRINSIC VALIDITY (INCLUDING INTERPRETATION OF THE
INSTRUMENTS, AND AMT. OF DAMAGES FOR BREACH)

Lex situs (Article 16 {1})


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 OBLIGATION AND CONTRACTS
RULES ON TORTS
FACTUAL SITUATION
Liability & damages for torts in general

POINT OF CONTACT
Lex loci delicti (law of the place where the delict was committed)

NOTE: The locus delicti (place of commission of


torts) is faced by the 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

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, Where the victim was injured (not where the aggressor wielded his
infanticide & parricide
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 Where the conspiracy was formed (not where the overt act of
sedition
treason, rebellion or sedition was committed)
NOTE: Other conspiracies are NOT penalized by
our laws
7
Libel
Where published or circulated
8
Continuing crime
Any place where the offense begins, exists or continues
9
Complex crime
Any place where any of the essential elements of the crime took
place
Rules on Juridical Persons
FACTUAL SITUATION
CORPORATIONS
Powers and liabilities

POINT OF CONTACT
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.
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
Validity of corporate acts & contracts (including
ultra vires acts)
Right to sue & amenability to court processes &
suits against it
Manner & effect of dissolution

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)
Law of the place of incorporation

Law of the place of incorporation & law of the place of performance


(the act or contract must be authorized by BOTH laws)
Lex fori

Law of the place of incorporation provided that the public policy of


the forum is not militated against
Domicile
If not fixed by the law creating or recognizing the corporation or by
any other provision the domicile is where it is legal representation
is established or where it exercises its principal functions (Article.
15)
Receivers (appointment & powers)
Principal receiver is appointed by the courts of the state of
incorporation; ancillary receivers, by the courts of any state where
the corporation has assets (authority is CO-EXTENSIVE) w/ the
authority of the appointing court
NOTE: Theories on the personal and/or governing law of corporations:
a. Law of the place of incorporation (this is generally the RP rule)
b. Law of the place or center of management (center for administration or siege social) (center office principle)
c. Law of the place of exploitation (exploitation centre or siege d exploitation)
PARTNERSHIPS
The existence or non-existence of legal The personal law of the partnership, i.e., the law of the place where
personality of the firm; the capacity to contract; it was created (Article 15 of the Code of Commerce) (Subject to the
liability of the firm & the partners to 3rd persons
exceptions given above as in the case of corps.)
Creation of branches in the RP; validity & effect RP law (law of the place where branches were created) (Article 15,
of the branches commercial transaction; & the Code of Commerce)
jurisdiction of the court
Dissolution, winding up, & termination of RP law (Article 15, Code of Commerce)
branches in the RP
Domicile
If not fixed by the law creating or recognizing the partnership or by
any other provision the domicile is where it is legal representation
is established or where it exercises its principal functions (Article.
15)
Receivers
RP law insofar as the assets in the RP are concerned can be
exercised as such only in the RP
FOUNDATIONS (COMBINATION OF CAPITAL INDEPENDENT OF Personal law of the foundation (place of principal center of
INDIVIDUALS, USUALLY NOT FOR PROFIT)
administration)

1.

CASES
-- foreign procedural law is inapplicable in the forum. Procedural matter are governed by the law of the forum even if the action
is based on foreign law.
2. HSBC VS SHERMAN - an agreement to sue and be sued is a specific court does not preclude the filing of suit in the
residence of plaintiff or defendant - renuncio non prasunitur
3. SALVACION VS BVP - When the local law gives protection to the foreigner with prejudice against a national, , interpretation
should be in favor of the national.
4. LAUREL VS GARCIA - lex situs is applicable only in a dispute over the title of an immovable such that capacity to take and
transfer, or the interpretation and effect of conveyance and the essential validity of transfer not when the issue is tether
authority of the government to sue the immovable is in question.
5. AZNAR VS GARCIA - Renvoi - when the nationality of the deceased (foreigner) states that the law of the domicile (Phil)
should govern, then the successional rights of the heir is govern by the Phil law.
6. SAUDI ARABIAN AIRLINE VS CA 10-8-98 - when the factual situation of the case has significant relation to the place of the
forum, and the defendant is a foreign corporation engaged in doing in business in the Phil and the plaintiff is a resident therein,
the court can acquire jurisdiction over the case.
8. PAKISTAN VS OPLE - if respondent did not present evidence of foreign law, it is presumed that the foreign law is the same
as the law of the forum.
- stipulation of the parties does not deprive the forum of its jurisdiction
REBUS SiC INSTANTIBUS - opposite of pacta sunt servanda - justify the non performance of the treaty - requires political act
9. BANCO DE BRAZIL VS CA 6-16-00 - an action for damages iis an action in personam.
- summon by publication or service of summon to the ambassador of Brazil does not acquire jurisdiction to the petitioner.
non-resident corporation - cannot acquire jurisdiction in personal action
10. MHC vs NLRC 10-13-00 - if the only link it has with the case is that the respondent is a Filipino Resident, case cannot be
tried.

- if case involve purely foreign element - court ca refuse to assume jurisdiction - forum non conviniens
Court can assume if the ff requirements are present
1. Phil court is one the which the parties may conveniently resolve;
2. The Phil court is in the position to make an intelligent decision as to the law and fact.
3. The Phil court has likely to enforce the decision.