6.

Judicial decisions
PRIVATE
JURISDICTION
INTERNATIONAL
LAW I. JURISDICTION OVER THE PERSON
✍ Acquired by the voluntary appearance of a
party and his submission to authority or by
Private International Law or Conflict of service of summons.
Laws ☞ That part of the municipal law of each
State which determines whether in dealing II. JURISDICTION OVER PROPERTY
with a factual situation involving a foreign ✍ Results either from the seizure of property
element, the law or judgment of some other under a legal process or from the institution of
State will be recognized or applied in the legal proceedings wherein the court’s power
forum. over the property is recognized and made
☞ Functions: effective.
1. To provide rules in deciding cases where
Note: Where the suit is in personam,
either the parties, events or transactions
jurisdiction over the defendant must be
are linked to more than one state
acquired by voluntary appearance or by
jurisdiction;
personal/substituted service of summons.
2. To promote stability and uniformity of
However, service by publication may be
remedies / solutions regardless of place
allowed in accordance with Sec 14, Rule 14
of suit.
(defendant whose identity or whereabouts are
unknown).
Public International Private
Law International Law Minimum Contacts Test and Fundamental
Fairness Test
1. International in National, municipal ☞ Due process requires only that in order to
c h a r a c t e r a s i t or local in character
applies in the subject a defendant to a judgment in
international sphere personam, if he is not present within the
territory of the forum he should have certain
2. Governs rights Deals with rights and minimum contacts with it such that the
and obligations of obligations of private maintenance of the suit does not offend
States individuals traditional notions of fair play and substantial
justice.
3. Recognizes tran- Assumes control ☞ In both in rem and quasi-in rem, all that due
sactions in which over transactions
sovereign States are strictly private in process requires is that defendant be given
interested nature adequate notice and opportunity to be heard
which are met by service of summons by
4. In case of violation All remedies are publication.
of International Law, provided by
the State may resort municipal laws of the Long-arm Statutes
to diplomatic protest, State, such as resort ☞ Statutes which specify the kinds of contacts
negotiation, to courts and upon which jurisdiction will be asserted over a
arbitration or administrative defendant outside of state territory.
adjudication by filing tribunals
cases before III. JURISDICTION OVER THE SUBJECT
international MATTER
tribunals or may ✍ The test of jurisdiction is whether or not the
even resort to use of law vests upon the tribunal the power to enter
force or go to war upon the inquiry.

☞ Sources: Ways of Disposing of Conflicts Cases:

1. Civil Codes of different countries
2. Constitution which contains principles on
nationality and comity
3. Special statues (E.g. Corporation Code,
General Banking Law, etc.)
4. Treaties and International conventions
5. Treatises, commentaries and studies of
learned jurists
1. Dismiss the case, either because of lack
of jurisdiction or refusal to assume
jurisdiction pursuant to the doctrine of
forum non conveniens; or
2. Assume jurisdiction over the case and
apply the law of the forum; or
3. Assume jurisdiction over the case and
apply foreign law.

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Principle of forum non conveniens
☞ A court may resist imposition upon its
jurisdiction even when jurisdiction is
authorized by law.
✍ In sustaining a plea of forum of non
conveniens, public and private interests should
be weighed:
1. Private Interest of the litigant
a. Ease of access to source of proof
b. Availability of compulsory process for
attendance of unwilling witnesses
c. Cost of obtaining and attendance of
willing witnesses
d. Possibility of viewing the premises if
appropriate
e. Other practical problems that make
trial of the case easy, expeditious and
inexpensive
2. Public Interest
a. Administrative difficulties encountered
when courts’ dockets are clogged
b. Appropriateness of having the trial in a
court familiar with the applicable state
law.
☑GENERAL RULE: No rule of Private
International Law would be violated if the
courts should decide to dispose of all cases,
whether domestic or conflicts cases, according
to the internal law of the forum
☑EXCEPTION: Where a foreign, sovereign,
diplomatic official, or public vessel or property
of another State is involved, or where a State
has, by treaty, accepted limitations upon its
jurisdiction over certain persons or things.
Instances Justifying the Application of
Internal Law to Conflicts Cases:
1. Where application of internal law is
decreed;
2. Where there is failure to plead and prove
foreign law;
3. Where a case involves any of the
exceptions to the application of foreign
law:
a) When the enforcement of the foreign
law would run counter to an important
public policy of the forum;
b) Where the application of the foreign
law would infringe good morality;
c) Where the foreign law is penal in
nature;
d) Where the foreign law is procedural in
nature;
e) W h e n t h e q u e s t i o n i n v o l v e s
immovable property of the forum;
f) Where the foreign law is fiscal or
administrative in nature;
g) Where the application of foreign law
would involve injustice or injury to the
citizens or residents of the forum; and
h) Where the application of foreign law
would endanger the vital interests of
the State.
CHOICE OF LAW
APPROACHES TO CHOICE OF LAW
A. Traditional
1. Vested Rights Theory
☞ Rights acquired in one country must be
recognized and legally protected in other
countries. The forum will not apply before a
law but will simply recognize the right vested
by said law.
2. Local Law Theory
☞ In conflict problems, the court does not
enforce a foreign law but a right created by its
own law by treating a case as a purely
domestic case that does not involve a foreign
element.
3. Cavers' Principle of Preference
☞ Coice of law should be determined by
considerations of justice and social
expediency and should not be the result of
mechanical application of the rule or principle
of selection.
B. Modern
1. Place of the Most Significant Relationship
☞ Adopts an approach which identifies a
plurality of factors that must be considered in
the light of choice of law principles.
2. Interest Analysis
☞ Urges the resolution of conflict problems by
looking at the policy behind the laws of the
involved states and the interests each state
had in applying its own law.
3. Comparative impairment
☞ Calls for subordination of the state objective
which would be least impaired.
4. Functional Analysis
☞ Looks into the general policies of the states
(beyond those reflected in its substantive laws)
and to policies or values relating to effective
and harmonious intercourse between states
CHARACTERIZATION
☞ The process by which a court at the
beginning of the choice of law process assigns
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a disputed question to the proper area in
substantive law.
☞ 2 Types:
1. Subject Matter Characterization – calls for
the classification of a factual situation into
a legal category.
2. Substance-Procedure Dichotomy – directs
to what extent the court will apply foreign
law.
✍ If issue is substantive, apply foreign
law, but if procedural, forum law.
Statute of Frauds
1. Substantive - if the words of the law relate
to forbidding the obligation.
2. Procedural - if the law forbids the
enforcement of the obligation.
Statute of Limitations and Borrowing
Statutes
1. Substantive - when the limitation was
directed to the newly created liability
specifically to warrant a qualification of the
right.
2. Procedural - if it operates to bar only the
legal remedy without impairing the
substantive right involved.
Depecage
☞ The phenomenon where the different
aspects of the case involving a foreign
element may be governed by different systems
of law.
RENVOI
☞ A procedure whereby a legal matter
presented is referred by the conflict of laws
rules of the forum to a foreign state, the
conflict of laws rule of which, in turn refers the
matter back to the law of the forum (remission)
or a third state (transmission).
4 Ways of Treating the Renvoi Problem
1. Rejection
☞ If the conflicts rules of the forum refer the
case to the law of another state, it is deemed
to mean only the internal law of that state.
Thus, the court will apply the foreign law.
2. Acceptance
☞ If the conflicts rules of the forum refer the
case to the law of another state, it is deemed
to include the totality of the foreign law
(internal law and conflicts of laws rules). Thus,
the court will recognize the referral back and
apply local law.
3. Mutual Desistment Theory
☞ The forum court upon reference to another
state’s law sees that such law is limited in
application to its own nationals domiciled in its
territory and has no provision for application to
nationals domiciled outside of the territory.
Hence, the local court will apply local law.
4. Foreign Court Theory
☞ Forum court assumes the same position
that the foreign court would take if the case is
litigated in the foreign state.
PROOF OF FOREIGN LAW
1. By pleading and proof
a. Written law
i. By official publication
ii. Copy attested by officer having legal
custody plus a certificate with seal
from secretary of embassy, legation,
consul general, consul, vice consul,
consular agent or any officer in the
foreign service of the Philippines
stationed in the foreign country to
the effect that said officer has
custody
b. Unwritten law – by testimony of
experts or writings of jurists
2. Judicial Notice (If already known to the
court, PCIB vs. Escolin)
3. Presumption of similarity of foreign and
domestic laws (Doctrine of Processual
Presumption)
PERSONAL LAW
☞ The law which governs persons, legal
condition, capacity, civil status, etc.
✍ Personal law governs a person wherever he
goes. The personal law of an individual is
either his national law or the law of his place of
domicile.
A. Nationality Law Theory
✍ The Philippines adheres to the nationality
law theory. Art. 15 of the Civil Code provides
that Laws relating to family rights and duties,
or to the status, condition, and legal capacity
of persons are binding upon Filipino citizens,
even though living abroad.
✍ It is for each State to determine who are its
nationals (Hague Convention). Thus, the
Philippine Constitution enumerates those who
are citizens of the Philippines.
B. Domiciliary Theory
☞ The individual’s private rights, condition,
status, and capacity are determined by his
physical location.
✍ The forum determines domicile according to
its own standards.
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General Rules on Domicile:
1. No person shall be without domicile
2. A person cannot have 2 simultaneous
domiciles.
3. Every natural person, as long as he is free
and sui juris, may change his domicile at
pleasure.
4. Domicile once acquired is retained unless
a new one is gained.
5. The presumption is in favor of the
continuance of domicile. The burden of
proof is on the one who alleges that a
change of domicile has taken place.
PERSONAL STATUS & CAPACITY
✍ In the determination of status and capacity
of persons, our Civil Code follows the
nationality principle when dealing with
Filipinos.
✍ When dealing with aliens, it depends on
which principle their country follows but if the
alien is in the Philippines, the nationality theory
is applied by implication.
FAMILY RELATIONS
✍ Under the New Civil Code, questions of
family rights, duties, status, conditions and
capacity are governed by lex nationalii.
MARRIAGE
1. Extrinsic validity - governed by lex loci
celebrationis.
☑GENERAL RULE:
a. All states recognize as valid those
marriages celebrated in foreign
countries if they comply with the
formalities prescribed therein (Hague
Convention).
b. All marriages solemnized outside the
Philippines, in accordance with the
laws in force in the country where they
were solemnized, and valid there as
such, shall also be valid in this country
(Family Code).
☑EXCEPTIONS: The following are void
marriages in the Philippines even if valid in the
foreign country where celebrated:
a. When either or both parties are below
18 years of age even with parental
consent;
b. Bigamous and polygamous marriages;
c. Mistake as to identity of a contracting
party;
d. A subsequent marriage performed
without recording in the Civil Registry
the judgment of annulment or
declaration of nullity, partition and
distribution of properties and the
delivery of the children’s presumptive
legitimes;
e. Marriages where either spouse is
psychologically incapacitated;
f. Incestuous marriages; and
g. Void marriages by reason of public
policy.
2. Intrinsic validity - controlled by the parties’
personal laws (either domiciliary or
nationality).
3. Personal relations between the spouses
- governed by the national law of the parties.
PROPERTY RELATIONS
✍ The Hague Convention declares that the
governing law on matrimonial property regime
is:
a) The internal law designated by the
spouses before the marriage
b) In the absence thereof, the internal
law of the state in which the spouses
fix their 1st habitual residence
Philippine Rule:
☞ In the absence of a contrary stipulation in
the marriage settlements, the property
relations of the spouses shall be governed by
Philippine laws, regardless of the place of the
celebration of the marriage and their
residence.
☞ This rule shall not apply:
1. Where both spouses are aliens;
2. With respect to the extrinsic validity of
contracts affecting property not
situated in the Philippines and
executed in the country where the
property is located; and
3. With respect to the extrinsic validity of
contracts entered into in the
Philippines but affecting property
situated in a foreign country whose
laws require different formalities for
their extrinsic validity.
DIVORCE AND SEPARATION
✍ Hague convention provides that the
granting of divorce or separation must comply
with the national law of the spouses and the
law of the place where the application for
divorce is made.
✍ Grounds for divorce are dictated by lex fori.
☑GENERAL RULE: We only observe
relative divorce (legal separation) in the
Philippines. Divorce decrees obtained by
Filipinos abroad have no validity and no
effects thereof are recognized in this
jurisdiction.
☑EXCEPTION: Where a marriage between a
Filipino citizen and a foreigner is validly
celebrated and a divorce is thereafter validly
obtained abroad by the alien spouse
capacitating him or her to remarry, the Filipino
spouse shall have capacity to remarry under
Philippine law (Art. 26, FC).
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ANNULMENT AND DECLARATION OF
NULLITY
1. For states that follow the traditional
approach – grounds would follow lex loci
celebrationis.
2. For states that are policy-centered -
applicable law is the law of the state of
marital domicile.
PARENTAL RELATIONS
✍ Legitimacy of the child is governed by the
personal law of the parents.
✍ Personal law of the illegitimate child is the
mother’s personal law.
If the child is later legitimated, personal
law of the child follows that of the father.
ADOPTION
1. Under the Domestic Adoption Act of 1998,
an alien may adopt provided that he is of legal
age, in possession of full civil capacity and
legal rights, of good moral character, no
conviction of any crime involving moral
turpitude, emotionally and psychologically
capable of caring for children, at least sixteen
years older than the adopted, in a position to
support and care for his children, his country
has diplomatic relations with the Philippines,
residence in the Philippines for at least
three continuous years prior to the filing of
the application for adoption and maintains
such residence until the adoption decree is
entered, certificate of legal capacity to adopt
in his country to be issued by his diplomatic or
consular office.
✍ The requirement on residency and
certificate of qualification to adopt may be
waived for the following:
a. a former Filipino citizen who seeks to
adopt a relative within the fourth (4th)
degree of consanguinity or affinity; or
b. one who seeks to adopt the legitimate
son/daughter of his/her Filipino
spouse; or
c. one who is married to a Filipino citizen
and seeks to adopt jointly with his/her
spouse a relative within the fourth (4th)
degree of consanguinity or affinity of
the Filipino spouse.
2. Inter-Country Adoption
☞ A socio-legal process of adopting a Filipino
child by a foreigner or a Filipino citizen
permanently residing abroad where the
petition is filed, the supervised trial custody is
undertaken, and the decree of adoption is
issued outside the Philippines.
PROPERTY
1. Immovable property – governed by lex situs.
2. Movable property – may be governed by:
a. lex domicilii – law of the owner’s
domicile.
b. lex situs - the law of the place where
the property is located.
c. lex loci actus – law of the place where
the transaction is completed.
d. proper law – law of the state which
has the most real connection with the
transfer.
Philippine Rule:
☞ Real property as well as personal property
is subject to the law of the country where it is
situated (lex situs. (Civil Code).
CAPACITY TO TRANSFER OR ACQUIRE
PROPERTY
☞ governed by lex situs.
EXTRINSIC AND INTRINSIC VALIDITY OF
CONVEYANCES
☑GENERAL RULE: Governed by lex situs.
☑EXCEPTIONS:
1. Where the transaction does not affect
transfer of title or ownership of the
land – proper law of the transaction
will govern, which may be lex
intentionis or lex voluntatis.
2. When real property is offered by way
of security for the performance of an
obligation:
a. Mortgage of the land is
governed by lex situs
b. Loan contract is governed by
rules of ordinary contracts.
3. Testate or intestate succession or
capacity to succeed – governed by the
national law of the decedent.
4. Under a policy centered approach,
when the situs of the movable at the
time of the transfer was insignificant or
accidental.
5. When the issue involves consideration
other than the validity and effect of the
transfer – the court may look into the
law of another state which has a real
interest in applying its law.
SPECIAL TYPES OF MOVABLE PROPERTY
1. Choses in possession – governed by the
law of the place where the property is
located at the time of transaction.
2. Debts – governed by the law where debtor
can be served with summons.
3. Negotiable instrument – governed by the
law of the place indicated in the instrument
or place of delivery.
4. Corporate shares – governed by the law in
the principal office of the corporation.
5. Loans – lex situs.
6. Vessels – law of the flag.
7. Goods in transit – law of destination.
✍ Carriage of Goods by Sea Act is
merely supplementary.
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8. Goodwill – principal place of business.
CONTRACTS
1. Extrinsic validity – governed by lex loci
celebrationis.
2. Intrinsic validity – there are 3 possible
laws that govern:
a. law of the place where the
contract is made
b. law of the place of performance
c. law intended by the parties
SPECIAL CONTRACTS
1. Sales or Barter of goods – governed by
lex situs.
2. S i m p l e l o a n g r a n t e d b y f i n a n c i a l
institutions – law of the permanent place
of business.
3. Loan granted by a private individual or
where subject matter of loan is personal –
law where the loan was obtained.
4. Pledge, Chattel mortgage, antichresis –
lex situs.
WILLS
1. Extrinsic validity of wills
a) Filipinos
1. Lex loci celebrationis – governed
by the laws of the country in which
will is executed
2. Philippine law
b) Aliens
1. National law
2. Law of Domicile
3. Lex loci celebrationis
4. Philippine law
2. Intrinsic validity of wills – governed by the
national law of the person whose will is under
consideration.
3. Interpretation of wills – governed by the
decedent’s national law
4. Revocation of wills – a revocation done
outside the Philippines, by a person who does
not have his domicile in this country, is valid
when it is done according to the law of the
place where the will was made, or according
to the law of the place in which the testator
had his domicile at the time; and if the
revocation takes place in this country, when it
is in accordance with the provisions of the Civil
Code.
5. Probate of wills – being procedural in
character, the law of the forum governs
procedural matters.
TORTS
☞ Lex loci delicti comissi or law of the place
where the alleged tort was committed will
govern.
Concepts of Place of Wrong
1. Place of injury (common-law concept)
– looks to the place where the last
event necessary to make an actor
liable for an alleged tort occurs.
2. Place of conduct – view the situs of
torts as the place where the tortuous
act was committed.
Obligation theory
☞ The tortuous act gives rise to an obligation,
which follows the person committing the
tortuous act and may be enforced wherever he
may be found.
Theory of Most Significant Relationship
☞ An action for tort may be filed in the country
where it has the most significant relationship.
In determining the state which has the most
significant relationship, the following factors
are to be taken into account:
1. Place where the injury occurred
2. Place of conduct
3. Domicile, residence, nationality, place
of incorporation and place of business
4. Place where relationship between the
parties is centered
Philippine rule on foreign torts:
☞ There is no governing specific statutory law
but courts may give due course on the theory
of vested rights or most significant relationship
provided that there are minimum contacts and
the defendant can be served with summons.
CRIMES
☞ Lex loci delicti or the law of the place where
the crime was committed will govern.
BUSINESS ASSOCIATIONS
1. Corporation/Partnership
☑GENERAL RULE: Personal law is the law of
the state where it was incorporated or formed.
☑EXCEPTIONS:
a. C o n s t i t u t i o n a l a n d S t a t u t o r y
Restrictions (Art. XII)
b. Control test during war – courts may
pierce the veil of corporate identity
and look into the nationality of
stockholders to determine citizenship
of the corporation
✍ Domicile or residence of foreign
corporations – when not fixed by the law
creating them, it shall be understood to be the
place where their legal representation is or
where they exercise their principal functions.
✍ A foreign corporation granted license to
operate in the Philippines acquires domicile
here.
2. Trusts
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✍ When the trust contains an express choice
of law provision, that law shall be applied.
✍ In the absence of express provision, the
courts will deem controlling the law that will
sustain the validity of the trust.
FOREIGN JUDGMENTS
In either case, the judgment or final order may
be repelled by evidence of a want of
jurisdiction, want of notice to the party,
collusion, fraud, or clear mistake of law or fact
(Rule 39, Sec. 48 of the 1997 Rules of Civil
Procedure).
.

Foreign judgment
☞ Decisions rendered outside the forum and
encompasses judgments, decrees and orders
of courts of foreign countries.

Recognition of foreign judgment

☞ Passive act of giving effect to a judgment of
another forum without necessarily filing an
action in the forum giving effect to the
judgment.

Enforcement of foreign judgment

☞ A foreign judgment is enforced when, in
addition to being recognized, a party is given
affirmative relief to which the judgment entitles
him and it necessarily requires the filing of an
action.

Requisites for Recognition or Enforcement:

1. The foreign judgment was rendered by a
judicial or quasi-judicial tribunal which had
jurisdiction over the parties and the case;
2. Judgment must be valid under the laws of
the court that rendered it;
3. Judgment must be final and executory to
constitute res judicata in another action;
4. State where the foreign judgment was
obtained allows recognition or
enforcement of Philippine judgments;
5. Judgment must be for a fixed sum of
money;
6. Foreign judgment must not be contrary to
the public policy or good morals of the
country where it is to be enforced; and
7. Judgment must not have been obtained by
fraud, collusion, mistake of fact or law.

Philippine rule:
☞ The effect of a judgment or final order of a
tribunal of a foreign country, having jurisdiction
to render the judgment or final order is as
follows:
(a) In case of a judgment or final order
upon a specific thing, the judgment or
final order is conclusive upon the title
to the thing; and
(b) In case of a judgment or final order
against a person, the judgment or final
order is presumptive evidence of a
right as between the parties and their
successors in interest by a
subsequent title.

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