CONFLICT OF LAWS QUICK DIGEST AND DOCTRINES BANK
CASE QUICK DIGEST DOCTRINE
WEEK 1: Introduction to Private International Law
Sosa v. Alvarez-
Machain
HSBC v. Sherman Eastern Book Supply obtained a loan from HSBC guaranteed
by its two director (the respondents). Eastern failed to pay its
obligation and HSBC filed a collection case against
respondents. HSBC invoked that the applicable law for the
proceeding is Law of Singapore because the load happened in
Singapore.
Saudi Arabian A Filipina Flight Stewardess was hired and assigned in Saudi
Airlines v. Court of Arabia. One of her co-worker attempted to rape her during
Appeals their stay in Indonesia. Milagros was questioned and was
wrongfully sentenced in Saudi Arabia. When she returned to
the Philippines, she filed a case against Saudia for damages.
However, Saudia invoked that Saudi Law should apply.
Ancheta v. Guersey-2 American citizens have resided in the Philippines. They
Dalaygon have an adopted daughter. The wife died and left a will
where she left her entire estate to her husband. 2 years after
the wife's death, the husband married a Candelaria. 4 years
after, Richard died and left a will where he left his entire
estate to Candelaria except for some of his shares in a
company which he left to his adopted daughter. Audrey’s
will was admitted to probate in CFI Rizal. Inventory was
taken on their conjugal properties. Ancheta, as the
administrator, filed for a partition of the first wife's estate.
The will was also admitted in a court in her native land
(Maryland). The issue involves two laws, and which law
would apply.
CAROL MORALES, JOSIAH QUISING, KAREN UMANGAY
The applicable law is the Philippine law. The parties did not
stipulate that only the courts of Singapore will take
cognizance, and to the exclusion of other courts.
The stipulation of court may apply if the clause should have
intended that only one court can take cognizance and to
exclude other courts.
Philippine law should apply. The case involves a foreign
element, that’s why there is a conflict of law. However, the
Philippine law should apply because Milagros ceased to
have connections in Saudi and that the most significant
relationship favors the Philippines.
The national law of the person who made the will shall
regulate whose succession is in consideration whatever the
nature of the property and regardless of the country where
the property maybe found (Art 16 CC). The first wife's
properties may be found in the Philipppines, however the
successional rights over those properties are governed by the
national law of the testator.
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Vda. De Catalan v. Petitioner Felicitas Amor-Catalan married respondent Under the principles of comity, Philippine jurisdiction
Catalan-Lee Orlando on June 4, 1950 in Mabini, Pangasinan. Thereafter, recognizes a valid divorce obtained by a spouse of foreign
they migrated to the United States of America and allegedly nationality. Aliens may obtain divorces abroad, which may
became naturalized citizens thereof. After 38 years of be recognized in the Philippines, provided they are valid
marriage, Felicitas and Orlando divorced in April 1988. Two according to their national law. Nonetheless, the fact of
months after the divorce, or on June 16, 1988, Orlando divorce must still first be proven by the divorce decree itself.
married respondent Meropein Calasiao, The best evidence of a judgment is the judgment itself.
Pangasinan.Contending that said marriage was bigamous
since Merope had a prior subsisting marriage with
EusebioBristol, petitioner filed a petition for declaration of
nullity of marriage with damages in the RTC of Dagupan
City against Orlando and Merope. It was said that there was
indeed a divorce decree obtained and which, following the
national law of Orlando, does not restrict remarriage.

Puyat v. Zabarte Ron Zabarte commenced to enforce the money judgment In the absence of proof of California law on the jurisdiction
rendered by the Superior Court for the State of California on of courts, we presume that such law, if any, is similar to
petitioner. Petitioner said that the said court had no Philippine law. The court based this conclusion on the
jurisdiction over the people involved. Petitioner said that the presumption of identity or similarity, also known as
RTC should have dismissed the action for the enforcement of processual presumption.
a foreign judgment, on the ground of forum non conveniens.
It reasoned out that the recognition of the foreign judgment
was based on comity, reciprocity and res judicata. The CA
favored respondent and enforced the judgment.

CAROL MORALES, JOSIAH QUISING, KAREN UMANGAY 2

 CONFLICT OF LAWS QUICK DIGEST AND DOCTRINES BANK
Sweet Lines v. Private respondents Atty. Leovigildo Tandog and Rogelio
Teves Tiro, bought tickets from the branch office of Sweet Lines
Inc. at Cagayan de Oro City. They were to board M/S Sweet
Hope bound for Tagbilaran via port of Cebu. During the trip,
they allege that they were "exposed to the scorching heat of
the sun and the dust coming from the ship's cargo of corn
grits." They also allege that the original tickets they bought
at Cagayan de Oro City were not honored and they were
required to pay for other tickets. They should Sweet Lines in
Misamin, however, Sweet Lines invoked Condition 14 in the
ticket; which states that the venue of actions should be in
Cebu City.
Bellis v. Bellis Amos Bellis, born in Texas, was a citizen of the State of
Texas and of the United States. He had 5 legitimate children
with his wife, Mary Mallen, whom he had divorced, 3
legitimate children with his 2nd wife, Violet Kennedy and
finally, 3 illegitimate children. Prior to his death, Amos
Bellis executed a will in the Philippines. The will deprived
the illegitimates of their legitime. However, it was contended
that the Texan law allows the testator to dispose of his estate
based on his wishes
CAROL MORALES, JOSIAH QUISING, KAREN UMANGAY
Condition No. 14 is subversive of public policy on transfers
of venue of actions. For, although venue may be changed or
transferred from one province to another by agreement of
the parties in writing under Rule 4, Section 3, of the Rules
of Court, it will not be held valid where it practically
negates the action of the claimants.
The philosophy underlying the provisions on transfer of
venue of actions is the convenience of the plaintiffs as well
as his witnesses and to promote the ends of justice.
The parties admit that the decedent, Amos Bellis, was a
citizen of the State of Texas, USA and that under the Laws
of Texas, there are no forced heirs or legitimates.
Accordingly, since the intrinsic validity of the provision of
the will and the amount of successional rights has to be
determined under Texas Law, the Philippine Law on
legitimates cannot be applied to the testate of Amos Bellis.
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Pakistan Petitioner Pakistan International Airlines Corporation When the relationship between the parties is much affected
International ("PIA"), a foreign corporation licensed to do business in the by public interest, the otherwise applicable Philippine laws
Airlines v. Ople Philippines, executed 2 separate contracts of employment, and regulations cannot be rendered illusory by the parties
one with private respondent Ethelynne B. Farrales and the agreeing upon some other law to govern their relationship.
other with private respondent Ma. M.C. Mamasig. Petitioner
dismissed the two prior to the expiration of their employment
contracts and invoking that they can terminate the employees
based on the contract.
Whether or not the contract or the Philippine law would
govern. The Court said that it is the Philippine law which
would govern, because the contract is contrary to law, which
is our labor code.

Tayag v. Benguet This case involves two administrator of the estate of Idonah
Consolidated Slade Perkins who owned 33,002 shares of stocks in the
appellant, domestic corporation, Benguet Consolidated Inc.
located in the Philippines. The conflict arises when the
domiciliary administrator refuses to return the stock
certificates to Tayag as the anciliary administrator here in the
Philippines.
Zalamea v. Court Petitioners Sps. Zalamea and their daughter, Liana Zalamea,
of Appeals purchased three (3) airline tickets from the Manila agent of
respondent Transworld Airlines, Inc. for a flight to New York
to Los Angeles on June 6, 1984. The tickets of petitioners-
spouses were purchased at a discount of 75% while that of
their daughter was a full fare ticket. All three tickets
represented confirmed reservations. It was said that that
overbooking of flights is a common and accepted practice of
airlines in the United States and is specifically allowed under
the Code of Federal Regulations by the Civil Aeronautics
Board. What law would apply?
Administration whether principal or ancillary certainly
extends to the assets of a decedent found within the state or
country where it was granted. Hence, Tayag has the right to
hold the stock certificate because Benguet Consolidated is
located within the Philippines.
Even if the claimed U.S Code of Federal Regulations does
exist, the same is not applicable to the case at bar in
accordance with the principle of lex loci contractus which
require that the law of the place where the airline ticket was
issued should be applied by the court where the passengers
are residents and nationals of the forum and the ticket is
issued in such State by the defendant airline. Since the
tickets were sold and issued in the Philippines, the
applicable law in this case would be Philippine Law.

CAROL MORALES, JOSIAH QUISING, KAREN UMANGAY 4

 CONFLICT OF LAWS QUICK DIGEST AND DOCTRINES BANK
United Airlines Inc Private respondent Aniceto Fontanilla purchased from
v. Court of Appeals petitioner United Airlines, through Philippine Travel Bureau,
3 “visit the USA” tickets for himself, his wife and his minor
son. All flights had been confirmed by United Airlines. As
they proceeded to the boarding area, they were not allowed to
take the flight however their baggage were loaded in the
plane. They tried to explain their side, but instead they
received derogatory remarks from the crew. The Court of
Appeals relied on the Code of Federal Regulations.
Asiavest Merchant Petitioner sought to recover the indemnity of the performance
v. Court of Appeals bond it had put up in favor of (PNCC) private respondent to
guarantee the completion of the Felda Project and the non-
payment of the loan it extended to Asiavest-CDCP Sdn. Bhd.
for the completion of Paloh Hanai and Kuantan By-Pass
Project. Malaysian court rendered decision, however, PNCC
invoked that Malaysian court has no jurisdiction.
CAROL MORALES, JOSIAH QUISING, KAREN UMANGAY
Doctrine of LEX CONTRACTUS. As a general rule, the
law of the place where the contract is made or entered into
governs with respect to its nature and validity, obligation
and interpretation. The court should apply the law of the
place where the airline ticket was issued.
The Supreme Court notes, to assail a foreign judgment the
party must present evidence of want of jurisdiction, want of
notice to the party, collusion, fraud, or clear mistake of law
or fact. Otherwise, the judgment enjoys the presumption of
validity so long as it was duly certified and authenticated. In
this case, PNCC failed to present the required evidence.
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 CONFLICT OF LAWS QUICK DIGEST AND DOCTRINES BANK

Burr v. Beckler Plaintiff sued defendant to foreclose a deed of trust made by It is a universal rule that the validity of a contract is to be
defendant in Florida conveying real estate to secure a note. determined by the law of the place where it is made, and if it
The trial court found the deed of trust and note invalid and is not valid there it will not be enforced in another State in
entered judgment in favor of defendant. Further, the fact that which it would have been valid if made there.
the domicile of defendant was in Illinois did not enable her to The law of the State of performance will govern in
execute a note in the State of Florida contrary to the laws of determining the rights of the parties and the effect of the
that state, under which she was not competent to enter into a contract, but if a party is not competent to make a contract
contract. The law of the state of performance governed in the contract is not valid and will not be enforced anywhere.
determining the rights of the parties and the effect of the
contract, but because defendant was not competent to make a
contract in Florida, the deed and note were not valid and
would not be enforced anywhere. The record showed that the
deed of trust and the note were induced by fraudulent
representations, and defendant was not competent to enter
into a contract in Florida.

In re Annesley v. Sybil Annesley, a British woman, married James O’Donel
Annesley Annesley whose domicile was English and lived in France.
After her husband’s death, she resided continuously there
until her death in 1924. She never took steps prescribed by
Art. 13 of the French Civil Code to obtain a formal French
domicile. She executed a holograph will in French language,
stating that her two daughters had their share of her property.
She likewise executed in France a will in English form,
revoking all former testamentary dispositions. In addition, the
will also contained provisions wherein Sybil stated that she
has no intention of abandoning her England domicile, and
that she intend to remain a British subject.
French Law would apply. It was ruled that according to
French law, in administering the movable property of the
deceased foreigner who, according to the law of his country,
is domiciled in France, and whose property must, according
to that law, be applied in accordance with the law of the
country in which she was domiciled, will apply French
municipal law, even though the deceased had not complied
with Art. 13 of the French Civil Code.

CAROL MORALES, JOSIAH QUISING, KAREN UMANGAY 6

 CONFLICT OF LAWS QUICK DIGEST AND DOCTRINES BANK
Llorente v. Court
of Appeals
Lorenzo married Paula, when the former was admitted
to the US for citizenship, the latter had an adulterous
relationship with Lorenzo’s brother. Lorenzo returned to
the United States and filed for divorce with the Superior
Court of the State of California in and for the County of
San Diego. , Lorenzo returned to the Philippine then
married Alicia F. Llorente in Manila. Lorenzo executed a
Last Will and Testament.
University of Dater & Price (both from Michigan) mortgaged their Chicago
Chicago v Dater Property to the Univ. of Chicago for a $75,000 loan. Dater &
wife and Price & wife executed a trust deed and certain
promissory notes. The documents were signed in Michigan
mailed to the university’s agent in Chicago, where the trust
deed was subsequently recorded. Price died, and Mrs. Price
became the actual and record owner of at least 1/2 of the
property. Foreclosure proceedings ensued for Mrs. Price’s
failure to pay. The university filed suit in Michigan state
court to collect on the promissory note.
It is conceded that under the law of Illinois a married woman
is as free to contract as a man, while in Michigan a married
woman has no legal capacity to bind herself or her separate
estate by signing these notes. On appeal, it is contended that
the obligation was accepted in Illinois, that it was there
payable, and that under Illinois law the mortgagor was not
saved from liability by reason of want of capacity under the
Michigan law of coverture.
CAROL MORALES, JOSIAH QUISING, KAREN UMANGAY
As to the validity of the will: The clear intent of Lorenzo to
bequeath his property to his second wife and children by her
is glaringly shown in the will he executed. We do not wish
to frustrate his wishes, since he was a foreigner, not covered
by our laws on family rights and duties, status, condition
and legal capacity. Whether the will is intrinsically valid and
who shall inherit from Lorenzo are issues best proved by
foreign law which must be pleaded and proved. Whether the
will was executed in accordance with the formalities
required is answered by referring to Philippine law. In fact,
the will was duly probated.
The general rule is, in conformity to the presumed intention
of the parties, that the contract, as to its validity, nature,
obligation, and interpretation, is to be governed by the law
of the place of performance.”
Clara Price has no personal liability on the note recoverable
from her separate estate. The obligation in suit was executed
in Michigan by defendant Clara A. Price, a married woman,
and bore no relation to her separate estate, and, without
more, carried no personal liability. Under Michigan Law, a
married woman cannot bind her separate estate through
personal engagement for the benefit of others.
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Tanada v Angara Secretary Navarro (DTI) signed the Final Act Embodying the Doctrine of incorporation provides that the country is bound
Results of the Uruguay Round of Multilateral Negotiations in by generally accepted principles of international law, which
Morocco. are considered to be automatically part of our own laws.

The WTO Agreement ratified by the President of the

Philippines is composed of the Agreement Proper and the
associated legal instruments while on the other hand, the
Final Act signed by Secretary Navarro embodies not only the
WTO Agreement (and its integral annexes aforementioned)
but also (1) the Ministerial Declarations and Decisions and
(2) the Understanding on Commitments in Financial
Services. In his Memorandum. This petition was filed
questioning the ratification on the ground that it limits the
power of the state.

The SC said that the Philippines has effectively agreed to

limit the exercise of its sovereign powers of taxation, eminent
domain and police power. The underlying consideration in
this partial surrender of sovereignty is the reciprocal
commitment of the other contracting states in granting the
same privilege and immunities to the Philippines, its officials
and its citizens. The same reciprocity characterizes the
Philippine commitments under WTO-GATT. A portion of
sovereignty may be waived without violating the
Constitution, based on the rationale that the Philippines
adopts the generally accepted principles of international law
as part of the law of the land and adheres to the policy of x x
x cooperation and amity with all nations.

CAROL MORALES, JOSIAH QUISING, KAREN UMANGAY 8

 CONFLICT OF LAWS QUICK DIGEST AND DOCTRINES BANK

WEEK 3 CONTRACTS
Dowis v. Mud Dowis, a Tennesse resident, was hired by a Missouri Lex loci delicti - tort action is governed by the substantive
Slingers corporation to hang large sheets of precast plaster molding in law of the state where the tort was committed.
Roswell, Georgia. Dowis was injured at Roswell. Dowis filed
his claim in his workers’ compensation insurance in Missouri
and received benefits therefrom. Dowis later filed this tort
action in Georgia seeking damages against Mud Slingers and
Graves on the argument that under Missouri’s workers’
compensation law, he could collect benefits an bring tort
action against Mud Singers and Graves.

The Court of Appeals affirmed the grant of summary Most significant relationship - the local law of the state
judgment, holding that lex loci delicti and the consequent where the injury occurred determines the rights and
application of Georgia's exclusive remedy provision liabilities of the parties, unless, with respect to the particular
precluded Dowis from maintaining his tort action in Georgia. issue, some other state has a more significant relationship
under the principles stated in §6 to the occurrence and the
parties, in which event the local law of the other state will
be applied.
Dowis urge that Georgia join this group of states and adopt
the “most significant relationship” test The rule of lex loci
delicti remains the law of Georgia
Willamette Iron Muzzal is a a former resident of the State of California and Exception to proof of foreign law
and Steel Works v now residing in the Philippines. He was a stockholder of
Muzzal California Corporation which has a contract with the
petitioner. This case mainly involves the liability of Muzzal
for the obligations entered into with petitioner.

An under oath statement by an attorney who knows the

existence and the provision of the law is a competent
evidence to prove the existence of foreign law.

Petitioner uses Sec 322 of the Civil Code of California as its

basis for recovery.

CAROL MORALES, JOSIAH QUISING, KAREN UMANGAY 9

 CONFLICT OF LAWS QUICK DIGEST AND DOCTRINES BANK

Muzzal argues that since the law of California, as to the

liability of stockholders of a corporation, is different from
and inconsistent with the Philippine Corporation Law the
courts here should not impose liability provided in that law
upon a resident of these Islands who is a stockholder of a
California corporation.

The SC took notice of the testimony of one Mr. Arthur W.

Bolton, an attorney-at-law of San Francisco, California, since
the year 1918, who under oath cited verbatim section 322 of
the California Civil Code and stated that said section was in
force at the time the obligations of the defendant to the
plaintiff were incurred. Hence, law of California applies.

Compagnie de
Commerce et de
Navigation
d’Extreme Orient
v Hamburg
Amerika
Packetfacht

King Mau Wu v Under an agency agreement set forth in New York addressed There is no conflict of laws involved in this case because it
SyCip to the defendant and accepted by the latter the plaintiff was is only a question of enforcing an obligation created by or
made the exclusive agent of the defendant in the sale of the arising from contract; and unless the enforcement of the
Philippines coconut oil. contract be against public policy of the forum, it must be
The plaintiff claims that for that sale he is entitled under the enforced.
agency contract a commission of 2% per cent on the total
actual sale price of 1,000 metric tons.
The defendant, on the other hand, contends that the
transaction for the sale of 1,000 metric tons of coconut oil
emulsion was not covered by the agency contract.

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 CONFLICT OF LAWS QUICK DIGEST AND DOCTRINES BANK

The SC ruled that the CFI has jurisdiction over the case.
Although the contract of agency was executed in New York,
the Court of First Instance of Manila has jurisdiction to try a
personal action for the collection of a sum of money arising
from such contract, because a nonresident may sue a resident
in the courts of this country where the defendant may be
summoned and his property leviable upon execution in case
of a favorable, final and executory judgment.

Molina v. de la Monila seeks to recover a debt the upon a contract involving The jurisdiction of a court is filed by law and not by the will
Riva his transfer to de la Riva of the abaca and coprax business in of the parties. As a matter of public policy, parties can only
Catanduanes, including all properties and rights pertaining to stipulate in regard to that which is expressly authorized by
the said business. The transfer costs shall be paid by de la law. Section 377 of the Code of Civil Procedure provides a
Riva in Mexican currency or its equivalent in local currency. plain and definite rule for the purpose of determining the
De la Riva paid a sum at the time the contract was executed, jurisdiction of courts according to the nature of the action.
and promised to pay the balance on three instalments with an
interest rate of 5% per annum from the date of the contract.
The first instalment became due, but was not paid, so an
action was brought to the CFI of Manila to recover the sum
for the first instalment.

De la Riva demurred on the ground that the court had not

jurisdiction. De la Riva further argued that Catanduanes was
the designated jurisdiction of the parties.

CAROL MORALES, JOSIAH QUISING, KAREN UMANGAY 11

 CONFLICT OF LAWS QUICK DIGEST AND DOCTRINES BANK

The SC has jurisdiction. A personal action like this for the

record of a debt may be brought, under section 377 of the
Code of the Civil Procedure, in the Court of First Instance of
the province where the plaintiff resides or in the province
where the defendant may reside, at the election of the
plaintiff. Both parties to this case being residents the city of
Manila, it is apparent that the Court of First Instance of that
city had jurisdiction to try and determine this action.

Phil Export and 3-Plex and VPECI went into a joint venture agreement with Even if foreign law bears substantial connection to the
Foreign Loan SOB to build the Project. The Project was guaranteed by transaction and the issue may be determined by such laws,
Guarantee Philguarantee, Rafidain Bank, and Al Ahli Bank. The since that foreign law was not properly pleaded or proved,
Corporation v. VP construction was delayed due to the contract violations of the presumption of identity or similarity, otherwise known
Eusebio SOB. Al Ahli demanded for the payment of the bond which as the processual presumption, comes into play. Where
Construction Inc. Philguarantee paid despite the warnings of 3-Plex and foreign law is not pleaded or, even if pleaded, is not proved,
VPECI. SC held that Philippine law will govern even with the presumption is that foreign law is the same as ours.
the substantial connection with Iraq since foreign law was
not pleaded. Iraqi law may have governed the issue IF it was
properly pleaded. Art. 1169 states that delay would not occur
in reciprocal obligations if the other party is not yet ready to
comply with their obligation. Since SOB’s contract violations
caused the delay, Philguarantee should not have paid Al Ahli
Bank.

CAROL MORALES, JOSIAH QUISING, KAREN UMANGAY 12

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WEEK 4 TORTS AND DAMAGES

Babcock v Jackson Babcock, as guest, went with the spouses Jackson on a "Center of gravity" or "Grouping of contacts" theory of the
weekend trip using the latter’s car. They are all residents of conflict of laws.
Rochester, NY. They had an accident while driving in
Canada. As a result, Babock sued Mr. Jackson for Tort in
NY. Jackson moved to dismiss on the ground that the law of
the place where the accident occurred should govern. The
law of Canada states that any owner or driver of a vehicle is
not liable for any bodily injury except if in the business of
common carrier.

The court said NY law should apply. New York has the
greater and more direct concern than Ontario. The present
action involves (1) injuries sustained by a New York guest
(2) as a result of the negligence of a New York host (3) in the
operation of an automobile, garaged, licensed and
undoubtedly insured in New York. In sharp contrast,
Ontario's sole relationship with the occurrence is the purely
adventitious circumstance that the accident occurred there.

This is applied by giving controlling effect to the law of the

jurisdiction which, because of its relationship or contact
with the occurrence or the parties, has the greatest concern
with the specific issue raised in the litigation.

CAROL MORALES, JOSIAH QUISING, KAREN UMANGAY 13

 CONFLICT OF LAWS QUICK DIGEST AND DOCTRINES BANK

Georgia Farm Williams had a car accident with a vehicle operated by Uninsured motorist insurance is available where it is
Bureau Mutual Megan Habel in Tallahassee, Florida. The car driven by impossible for the plaintiff to obtain judgment against an
Assistance Mabel was insured by Cincinnati Insurance Company. insured motorist for reasons unrelated to the facts of the
Company v Williams made a demand on Cincinnati for damages she accident.
Williams sustained, which it declined to pay because Williams did not
present evidence sufficient to satisfy the tort threshold of
Florida’s no-fault statute. So Williams filed a personal injury
action and served Farm Bureau as her uninsured motorist
carrier, contending that since Cincinnati “legally denied
coverage” under its liability policy, she is entitled to
uninsured motorist benefits from Farm Bureau. Farm Bureau
in turn argued that Williams could not recover uninsured
motorist benefits as a matter of law because she failed to
prove that she was legally entitled to recover damages from
the alleged uninsured motorist.

The Court said that the uninsured motorist coverage issued in

Georgia can benefit the Williams when she cannot recover
against Habel who is granted immunity by the law of the
jurisdiction (Florida) where the accident occurred.

One of the goals of uninsured motorist legislation is to

protect innocent victims from the negligence of
irresponsible drivers. Because uninsured motorist statutes
are remedial in nature, they must be broadly construed to
accomplish the legislative purpose.
In the case at bar, the reason no judgment can be obtained is
not because of the facts of the accident, but because of the
public policy and statutes of the place where the accident
occurred (Florida’s No-Fault Act).

CAROL MORALES, JOSIAH QUISING, KAREN UMANGAY 14

 CONFLICT OF LAWS QUICK DIGEST AND DOCTRINES BANK

Hataway v. Hataway died as a result of injuries he sustained during a The fact that the injury occurred in Arkansas was merely a
McKinley scuba dive in a North Little Rock, Arkansas, rock quarry. The fortuitous circumstance and that the State of Arkansas has
dive was supervised by Robert McKinley and conducted as no interest in applying its laws to this dispute between
part of a scuba class taught at Memphis State University Tennessee residents.
(Tennessee). Hataway’s parents filed wrongful death action
in the Shelby Country Circuit Court. The case was tried Although the injury occurred in Arkansas the State of
before a jury on the basis of Arkansas’s wrongful death Tennessee has a more significant relationship to the
statute. The jury’s verdict is for the defendant. The trial court occurrence and the parties under the factors and contacts set
used Arkansas law, pursuant to the doctrine le loci delicti, out in Section 6 and 145 of Restatement (Second).
although both the deceased and the Mckinley were Tennessee
residents and the diving trip was part of a diving class taught
Erie Insurance Heffernan and Jones were passengers in a vehicle driven by Depecage refers to the process that different substantive
Exchange v McMahon Jr. (all minors). They encountered an accident in issues could be properly decided under the laws of different
Heffernan II Delaware and all of them died. The parents of Heffernan held states, when the choice-influencing considerations differ as
an Insurance Policy which were issued, sold and delivered in they apply to the different issues.
Maryland to Maryland residents. They sued Erie in the
Circuit of Baltimore City, Maryland, seeking damages
pursuant to the underinsure motorists coverage. Erie
contended that Maryland law should be applied, including
Maryland’s cap on non-economic damages. The Erie policies
provided that Erie would pay damages “that the law entitles
you” to recover from the owner or operator of an
underinsured motor vehicle.

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The Court ruled that Delaware should apply. Maryland law

is clear that in a conflict of law situation, such as the one
presented in the case sub judice, “where the events giving
rise to a tort action occur in more than one State, we apply
the law of the State where the injury-the last event required
to constitute the tort occurred”. This principle is lex loci
delicti. Because the collision occurred in Delaware, under
Maryland law, a Maryland Court would apply the substantive
tort law of Delaware to determine what the claimants are
“entitled to recover” in an action for uninsured motorist
benefits.
Bauer v Club Med Bauer (decedent), a California resident, purchased a vacation Governmental Interests Analysis:
Sales package for the Club Med del Hotel Club located in Mexico.
Bauer, while intoxicated, was ascending the staircase leading 1. Determine whether the substantive laws of California and the foreign
to his room when he slipped and died. Plaintiffs alleged that jurisdiction differ on the issue before it.
because the staircase had no handrail or other protection and
2. If the laws differ, then the court must determine what interests, if
because the light post was not firmly secured to the wall, any, the competing jurisdictions have in the application of its law
Bauer fell. They sued defendant for negligence, dangerous
condition and breach of warranty in the Superior Court of the 3. Comparative Impairment Test – determine which jurisdiction’s
State of California. The Court held that Mexico law should interest would be most impaired if its policies were subordinated to
govern the issue of liability for defective premises an those of the other jurisdiction.
California law shall govern the issue of wrongful death
damages.

Defective premises: California's interests are subordinate to

Mexico's sovereignty interest in enforcing its own
construction standards within its borders. At that, if Mexico’s
building and construction laws were subordinated, Mexico's
interest would be most impaired, it is henceforth necessary
that Mexico law govern the issue of defective premises
liability.

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Wrongful death: Since plaintiffs and the decedent are

United States citizens and Club Med Sales is an American
corporation, Mexico has no interest in having its damages
rules apply.
Griffith v United Hambrecht, a Pennsylvania domiciliary, purchased a RT
Air Lines, Inc. ticket from defendant in Philadelphia for Philadelphia to
Phoenix,Arizona. United is a Delaware corporation with its
principal place of business in Chicago and maintains business
in Pennsylvania. The plane crashed in Colorado. Executor
filed an action in assumpsit against United. United questions
the jurisdiction that although the complaint alleged crash and
death in Colorado, the action was brought under the
Pennsylvania survival statute. The Court ruled that the
Pennsylvania has greater interest in the amount of recovery,
hence, should be the proper law to be applied.
Strict lex loci delicti rule should be abandoned in
Pennsylvania in favor of a more flexible rule which permits
analysis of the policies and interests underlying the
particular issue before the court. "The merit of such a rule is
that `it gives to the place "having the most interest in the
problem" paramount control over the legal issues arising out
of a particular factual context' and thereby allows the forum
to apply `the policy of the jurisdiction "most intimately
concerned with the outcome of [the] particular litigation".'

In re: Air Disaster Debra Sattari, a passenger on American Airlines’ Flight from Dean Leflar’s 5 choice-influencing considerations in cases
at Little Rock, Dallas, Texas to Little Rock, Arkansas was killed in the involving conflict of laws:
Sattari v American crash. She is survived by her son and two sisters, and her (1) Predictability of results;
Airlines, Inc. parents. Her survivors are all residents of California and her (2) Maintenance of interstate and international order;
estate is being probated in California. Suit was filed by the (3) Simplification of the judicial task;
survivors in Arkansas. The laws of California and Arkansas (4) Advancement of the forum's governmental interests; and
have significant differences. Arkansas allows wrongful death (5) Application of the better rule of law.
recovery to the estate, her son, parents and sisters. California
allows only her son. Arkansas allows the family to recover
for mental anguish, California does not. And Arkansas allows
recovery for pre-death pain and suffering in a survival action
while California does not.

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The Court ruled that Arkansas law should govern using the
last two factors of Leflar. Arkansas' interest in applying its
own law is based on its status as a justice-administering state.
While California may have an interest in protecting its
domiciliaries from what it may consider excessive damage
judgments against them, it can hardly be disturbed that its
domiciliaries receive the bounty of a more favorable
wrongful death and survivor statute.

Quinchett v An accident happened in Maryland but the case was filed in Lex fori (law of the forum) governs procedural laws.
Waggy’s Towing, Virginia. Waggy’s Towing filed a motion to apply the
LLC Maryland non-economic cap on damages in a wrongful death
suit. The issue is whether the Maryland cap on non-economic
damages is substantive or procedural. The Court held that
the cap is procedural and according to Virginia's well-settled
conflict of law rules, lex fori governs the application of all
procedural rules.

WEEK 5: Citizenship and Dual Nationality

Alcantara v. Petitioners are confines of the Culion Leper Colony. They wanted to vote in the elections of their A mere intention to return to their former homes not realized
Secretary of respective municipalities. Respondents question the residence requirements and considers the and which may never be realized should not prevent them,
Petitioners not to be residents of their respective municipalities since they already were residing in
Interior Culion. Petitioners argue that they cannot have acquired residence as they are kept there against under the circumstances, from acquiring a residence for
their will. SC held that just because the Petitioners cannot return to their homes or residences, voting purposes.
doesn’t mean they lost their residence. They intend to return there should they be cured, so they
should remain to have their residences for voting purposes.

In Re Robert Cu, Robert Cu applied for naturalization but was denied as CFI found
Cu v. Republic him to be a Filipino citizen by right and by birth. Cu claims that he
A petition not verified by at least 2 persons who are citizens is not
is a Filipino born from a Filipino mother but was brought to China
merely voidable but VOID.
by his Father at age 5. OSG opposes his application. SC held that he
A witness who is incompetent renders an application void. The
is not entitled to be admitted Philippine citizenship because he was
question of a witness’ qualifications in naturalization proceedings
not able to present witnesses that personally know him to be a
is a matter of more than usual importance.
resident of the Philippines during the requisite time period.

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Ng Sui Luan (NSL) and 3 minor children went to the PH, but Under Sec 15 of CA 473, for a woman to be automatically
instead of leaving on their departure date, asked the BOI for vested a Filipino citizenship, she must possess the
the cancellation of their alien certificates of registration since qualifications to be lawfully naturalized.
Lao Chay (husband) became a PH citizen. BOI granted Lao
Chay + 3 children’s petition but denied NSL’s because she is
not qualified to acquire citizenship. The issue is whether or
not a foreign wife can automatically follow her husband’s
citizenship. SC held that under Sec 15 of CA 473 , for a
Lao Chay v. Galang woman to be automatically vested a Filipino citizenship; she
must possess the qualifications to be lawfully naturalized.
Since Ng Siu Luan admittedly does not possess the
qualifications for naturalization, her marriage to Lao Chay
cannot be deemed as automatically vesting in her Filipino
citizenship.

Lim Yao v. Comm. Lau Yuen Yeung (LYY) applied for a PH visa on Feb. 8, An alien woman, upon her marriage to a Filipino citizen,
of Immigration 1961 and was granted for a stay from March 13- April 13, becomes lawfully naturalized ipso facto, provided that she
same year. Her stay was extended till February 13. 1962. She does not possess all of the disqualifications enumerated in
got married to a Filipino on Jan. 25, 1962. After the CA 473.
expiration of her extended visa, COI was going to arrest her
and immediately deport her. She argued that she’s a Filipino
already due to her marriage. SC decided that LYY became a
Filipino citizen upon her marriage to a Filipino citizen since
she does not possess any of the disqualifications under CA
473.

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Ngo Burca v. Zita Ngo Burca (ZNB) married Florencio Burca, PH citizen,
Republic and applied for a petition to be declared a naturalized PH
citizen. SolGen opposed. SC held that ZNB did not meet the
requirements specified in the Revised Naturalization Law.
SC held that the petition is fatally defective for lacking
essential allegations required under Sec. 7 of the
Naturalization Law. SC took into consideration the differing
statements in her petition which she stated that her residence
is in Surigao when she said in her testimony that her
residence is both in Surigao and Cebu; as well as the lack of
affidavit from 2 credible witnesses.
Vellilla v. Posada Moody executed a will in the Philippines and bequeathed all
his properties in the Philippines to his sister (Palmer) in the
US. He died in India. BIR prepared an inheritance tax and
income tax return for the estate of Moody. The estate paid in
protest. Estate of Moody argues that Moody was not a PH
resident at the time of his death. Facts show that Moody lived
in Manila for many years and had all of his business and
properties in the PH up until he had leprosy. He was going to
be confined in the Culion Leper Colony, while promising he
would voluntarily go to the colony. He fled and went to Paris.
The issue is whether or not he;s legally domiciled in the PH
on the time of his death. SC said yes. He was a fugitive from
confinement in the CLC and there was no evidence he was
able to establish any other domicile. It was not that he
intended not to go back; he didn’t go back because he was
fleeing from the law.
CAROL MORALES, JOSIAH QUISING, KAREN UMANGAY
(1) An alien woman married to a Filipino who desires to be
a citizen of this country must apply therefor by filing a
petition for citizenship reciting that she possesses all the
qualifications set forth in Section 2, and none of the
disqualifications under Section 4, both of the Revised
Naturalization Law;
(2) Said petition must be filed in the Court of First Instance
where petitioner has resided at least one year immediately
preceding the filing of the petition; AND
(3) Any action by any other office, agency, board or official,
administrative or otherwise — other than the judgment of a
competent court of justice — certifying or declaring that an
alien wife of the Filipino citizen is also a Filipino citizen, is
hereby declared null and void.
To effect the abandonment of one’s domicile, there must be
a deliberate and provable choice of a new domicile, coupled
with actual residence in the place chosen, with a declared or
provable intent that it should be one’s fixed and permanent
place of abode
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Villahermosa v. Villahermosa (Filipina) married Co Suy (Chinese) and had a CA 63 does not provide that upon repatriation of a Filipina,
Comm. of son named Delfin, born in the PH. Delfin (minor) left the PH her children would then also subsequently acquire PH
Immigration but then returned illegally. He was caught and was going to citizenship; that would be illogical because the child was not
be deported. He argued that he was a Filipino because his a Filipino citizen so he could not have “repatriated” in the
mother was a Filipino. Villahermosa, upon learning of her first place.
son’s capture, went to the Registry and took an oath of
allegiance to resume her PH citizenship which she lost upon
marrying Co Suy, then subsequently argued that her son must
also be a Filipino. The issue is whether Villahermosa’s
reacquisition of citizenship affects Delfin’s citizenship. SC
said no. Under the 1973 Constitution, citizenship is through
(among others) the father. Delfin could elect his PH
citizenship upon reaching the age of majority but up until
then, he’s Chinese. Nevertheless, even if he became a
Filipino, he would still be subject to deportation and any
subsequent change in his status cannot erase the taint of his
unlawful, surreptitious entry.

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Nottebohm Case Nottebohm (Nb) was a German national who was naturalized Nationality is a legal bond having as its basis a social fact of
(Liechtenstein v. in Liechtenstein (LI) and a resident in Guatemala (GT). He attachment, a genuine connection of existence, interests and
Guatemala has business in Guatemala. He continued to have business sentiments, together with the existence of reciprocal rights
connections in Germany (DE) and paid visits to his brother in and duties.
LI. His naturalization was rushed because of the onset of
WW2 as he sought an exemption from the 3-year residence
rule in LI and was subsequently granted by LI. Nb returned to
GT but learned that GT expropriated his properties without
compensation. Nb raised this under the ICJ through LI. GT
argues that Nb’s claims are not admissible because they were
not raised by the property; LI does not have any standing
because Nb was not a LI national. The ICJ held that GT did
not recognize Nb as a LI national and that GT had no
obligation to do so. Nationality must correspond with the
factual situation (real and effective nationality). Considering
that the only link between LI and Nb was Nb’s brother, there
was a scarce connection with LI; therefore, GT had no
obligation to consider Nb as a LI national.

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Nazareth Candy Nazareth Candy, an Israeli corporation, is a supplier of Under the Dominant Nationality Theory, courts analyze the
Company v. Sherwood Group, a North Carolina corporation. Sherwood citizen’s conduct, residence, and relationship in the
Sherwood Group Group’s president is Frydman – a dual citizen of Israel and countries in which he claims dual citizenship.
US. Sherwood Group repeatedly failed or refused to pay
Nazareth for the candy they ordered. Nazareth sued NOTE: Alienage jurisdiction will not apply if the diversity
Sherwood Group and Frydman (Defendants) in US under is defeated. Diversity is defeated if both parties are
“alienage jurisdiction ”. Defendants argue that the courts lack foreigners or both are citizens of the same country.
jurisdiction because Frydman is a dual citizen (therefore,
alienage jurisdiction would not apply since it’s not between a
US citizen and a foreigner; they basically argue that Frydman
is also a foreigner). SC held that using the dominant
nationality theory, Frydman would be an American Citizen
for the purposes of diversity jurisdiction because even though
he travels to Israel using an Israeli passport, he also has
purchased a home in NC where his family lives and his
business is in NC. Therefore, his Israeli citizenship is
irrelevant for the purposes of determining diversity
jurisdiction.

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WEEK 6: Domicile
Santovincenzo v. Antonio Comincio, Italian, domiciled in New York but never The treatymaking power is broad enough to cover all
Egan naturalized, died there, intestate and without heirs or next of subjects that properly pertain to our foreign relations, and
kin, before the termination of the treaty; and, in the agreement with respect to the rights and privileges of
administration of his estate by the New York courts, the citizens of the United States in foreign countries, and of the
question arose whether his net assets, after satisfying nationals of such countries within the United States, and the
creditors and expense of administration, should escheat to the disposition of the property of aliens dying within the
state or be paid to the Italian Consul General for disposition territory of the respective parties, is within the scope of the
to the Kingdom of Italy. virtue of the most-favored-nation power, and any conflicting law of the state must yield.
clause of article XVII of the Consular Convention between
the United States and Italy of 1878, the Italian Consul
General was entitled in the instant case, being that of the
death of an Italian national in this country prior to the
termination of the Treaty between the United States and
Persia of 1856, to the benefit of article VI of that Treaty, and
that the net assets of the decedent should be delivered to him
accordingly.

Wilkins v. Ellett Quarles died in Alabama, his domicile. Wilkins owed
Quarles some money. He paid Goodloe, the home
administrator. Apparently, Ellette, a foreign administrator
from Virginia, also had letters of administrator as he
professes to be Quarles’ next of kin. Ellete went to Wilkins
to ask for the debt to be paid. Wilkins argued that he already
paid to Goodloe. SC favored Wilkins and held that the law
was in favor of the validity of the debtor’s payment to the
home administrator.
The personal estate of a deceased was to be regarded, for the
purposes of succession and distribution, as having no other
locality than that of his domicile; and if he dies intestate, the
succession is governed by the law of the place where he was
domiciled at the time of his death, and not by the conflicting
laws of the various places where the property happened to
be situated

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WEEK 7: Property
Holy See v. Rosario Holy See sold 3 lots to Ramon Licup. Licup assigned his
rights to Starbright. Starbright sued Holy See for the
annulment of the sale of the 3 lots, and specific performance
and damages against Holy See because the 3 lots cannot be
used due to the presence of squatters. Holy See invokes the
privilege of sovereign immunity. Starbright insists that the
doctrine of non-suability was shed when it entered into a
commercial transaction for the sale of the land. SC held that
Holy See may invoke sovereign immunity because PH
recognized it as a foreign state and immune from suit because
the transaction it entered into was not a commercial
transaction.
Salvacion v. Greg Bartelli raped Karen Salvacion. Greg escaped from jail.
Central Bank He left money in his dollar account. RTC issued an order for
the deposits to be part of garnished as payment for damages.
China Bank declined under the RA 1405. Central Bank
agreed. SC held that even though the law has no exceptions,
the law intends to induce investors. Greg was not an investor
but a mere transient. Therefore, his foreign deposits can be
garnished to be paid as damages in the interest of justice.
CAROL MORALES, JOSIAH QUISING, KAREN UMANGAY
If the foreign state is not engaged regularly in a business or
trade, the particular act or transaction must then be tested by
its nature. If the act is in pursuit of a sovereign activity, or
an incident thereof, then it is an act jure iimpreii, especially
when it s not undertaken for gain or profit.
In fine, the application of the law depends on the extent of
its justice. Eventually, if we rule that the questioned Section
113 of Central Bank Circular No. 960 which exempts from
attachment, garnishment, or any other order or process of
any court. Legislative body, government agency or any
administrative body whatsoever, is applicable to a foreign
transient, injustice would result especially to a citizen
aggrieved by a foreign guest like accused Greg Bartelli. This
would negate Article 10 of the New Civil Code which
provides that “in case of doubt in the interpretation or
application of laws, it is presumed that the lawmaking body
intended right and justice to prevail. “Ninguno non deue
enriquecerse tortizerzmente con damo de otro.” Simply
stated, when the statute is silent or ambiguous, this is one of
those fundamental solutions that would respond to the
vehement urge of conscience.
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