Documenti di Didattica
Documenti di Professioni
Documenti di Cultura
Even if the conflict of rule directs the application of foreign= will not apply if thhere is a local policy in
conflict with such foreign law (Del Soccoro case, and Bank of America case, Aznar case, Velez case)
Lex Fori
-on matters of proceedures= governed by the law of the forum
-purpose: convenience and practicability
-what are these matters
How do you allege? Wildvalley Shipping -state in the pleading and its existence
How to prove a foreign law(a written law)? Sto Tomas vs Corpus/z
1. present an official publication
2. authenticated by the officer having the legal custody of the record, or by his deputy,
3. and accompanied with a certificate that such officer has custody must be made by a secretary of
the embassy or legation, consul general, consul, vice consul, or consular agent or by any officer
in the foreign service of the Philippines stationed in the foreign country in which the record is
kept ( Authenticated by his seal of office)
-Section 24 and 25 rule 132
A mere xerox copy of the foreign law, or a foreign document, even if duly identified by a
knowledgeable person from the foreign country, is not sufficient to prove the foreign law
-but first you need to prove his expertise
Exceptions
-the rules of authentication as provided for in Section 24 of Rule 132 do not apply to administrative
proceedings before administrative tribunals, where the technical rules of procedure and evidence are
not applicable (Norse Management CP)
-so long as the cardinal rules of due process are observed. The foreign document may be admitted in
evidence, even without such authentication, where the adverse party has copy of the document, who
could easily verify its authenticity and accuracy
-administrative agency task to resolve certain matters (they are not bound by strict technical
requirements of the rules of court)
-when the other party did not object
-when the court is familiar
-the court has actual knowledge of such law
Case
1. Manufacturers Hanover Trust vs Guerrero
2. EDI-staff Builders vs NLRC
Chapter III
Citizenship and Domicle
Any question as to whether a person is a citizen of a particular state, the law of said state will govern
Modes
1. By blood (jus sanguinis) – natural-born citizens(by birth)
2. By naturalization – naturalized citizens
Bengzon case
Grace Poe case
Doctrine of incorporation
Doctrine of transformation
Sec. 5.Civil and Political Rights and Liabilities-Those who retain or re-acquire Philippine citizenship
under this Act shall enjoy full civil and political rights and be subject to all attendant liabilities and
responsibilities under existing laws of the Philippines and the following conditions:
(1) Those intending to exercise their right of surffrage must Meet the requirements under Sec. 1, Article
V of the Constitution, Republic Act No. 9189, otherwise known as "The Overseas Absentee Voting Act
of 2003" and other existing laws
(2) Those seeking elective public in the Philippines shall meet the qualification for holding
such public office as required by the Constitution and existing laws and, at the time of the
filing of the certificate of candidacy, make a personal and sworn renunciation of any and all
foreign citizenship before any public officer authorized to administer an oath;cralaw
(3) Those appointed to any public office shall subscribe and swear to an oath of allegiance
to the Republic of the Philippines and its duly constituted authorities prior to their
assumption of office: Provided, That they renounce their oath of allegiance to the country
where they took that oath;cralaw
(4) Those intending to practice their profession in the Philippines shall apply with the
proper authority for a license or permit to engage in such practice; and
(5) That right to vote or be elected or appointed to any public office in the Philippines
cannot be exercised by, or extended to, those who:
(a) are candidates for or are occupying any public office in the country of which
they are naturalized citizens; and/or
(b) are in active service as commissioned or non-commissioned officers in the
armed forces of the country which they are naturalized citizens.