TERMS: Long Arm Statutes – Statutes allowing the courts to exercise

jurisdiction when there are minimum contacts between the non-

Lex Domicilii – law of the domicile; in conflicts, the law of one’s resident defendant and the forum.
domicile applied in the choice of law questions
WAYS OF DEALING WITH A CONFLICTS PROBLEM:
Lex Fori – law of the forum; that is, the positive law of the state,
country or jurisdiction of whose judicial system of the court 1. Dismiss the case for lack of jurisdiction, or on the
where the suit is brought or remedy is sought is an integral part. ground of forum non-conveniens
Substantive rights are determined by the law where the action
arose (lex loci) while the procedural rights are governed by the DOCTRINE OF FORUM NON CONVENIENS – the forum is
law of the place of the forum (lex fori) inconvenient; the ends of justice would be best served by trial in
another forum; the controversy may be more suitably tried
Lex Loci – law of the place elsewhere
Lex Loci Contractus – the law of the place where the contract 1. Assume jurisdiction and apply either the law of the
was made or law of the place where the contract is to be forum or of another state
governed (place of performance) which may or may not be the
same as that of the place where it was made 1. i. A specific law of the forum decrees
that internal law should apply
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 1. APPLY INTERNAL LAW – forum law should be
can be affected only by the law of the place where it is situated applied whenever there is good reason to do so; there
is a good reason when any one of the following factors
Lex Situs – law of the place where property is situated; the is present:
general rule is that lands and other immovables are governed
by the law of the state where they are situated Examples:

Lex Loci Actus – law of the place where the act was done  Article. 16 of the Civil Code – real and personal
property subject to the law of the country where they
Lex Loci Celebrationis – law of the place where the contract is are situated and testamentary succession governed
made by lex nationalii
Lex Loci Solutionis – law of the place of solution; the law of  Article 829 of the Civil Code – makes revocation done
the place where payment or performance of a contract is to be outside Philippines valid according to law of the place
made where will was made or lex domicilii
Lex Loci Delicti Commissi – law of the place where the crime  Article 819 of the Civil Code – prohibits Filipinos from
took place making joint wills even if valid in foreign country
Lex Mereatoria – law merchant; commercial law; that system of 1. ii. The proper foreign law was not properly
laws which is adopted by all commercial nations and constitute pleaded and proved
as part of the law of the land; part of common law
NOTICE AND PROOF OF FOREIGN LAW
Lex Non Scripta – the unwritten common law, which includes
general and particular customs and particular local laws  As a general rule, courts do not take judicial notice of
foreign laws; Foreign laws must be pleaded and proved
Lex Patriae – national law
 Effect of failure to plead and prove foreign law (3
Renvoi Doctrine – doctrine whereby a jural matter is presented alternatives) of the forum court:
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 (a) Dismiss the case for inability to establish cause of action
third state. When reference is made back to the law of the forum, (b) Assume that the foreign law of the same as the law of the
this is said to be “remission” while reference to a third state is forum
called “transmission.”
(c) Apply the law of the forum
Nationality Theory – by virtue of which the status and capacity
of an individual are generally governed by the law of his 1. The case falls under any of the exceptions to the
nationality. This is principally adopted in the RP application of foreign law

Domiciliary Theory – in general, the status, condition, rights, Exceptions to application of foreign law:
obligations, & capacity of a person should be governed by the
(a) The foreign law is contrary to the public policy of the forum
law of his domicile.
(b) The foreign law is procedural in nature Rules on Status in General
(c) The case involves issues related to property, real or Factual Situation Point of Contact
personal (lex situs)
1 Beginning of personality of National law of the child
(d) The issue involved in the enforcement of foreign claim is natural person (Article 15, CC)
fiscal or administrative
2 Ways & effects of Same
(e) The foreign law or judgment is contrary to good morals emancipation
(contra bonos mores)
3 Age of majority Same
(f) The foreign law is penal in character
4 Use of names and Same
(g) When application of the foreign law may work undeniable surnames
injustice to the citizens of the forum
5 Use of titles of nobility Same
(h) When application of the foreign law might endanger the vital
interest of the state 6 Absence Same
2. APPLY FOREIGN LAW – when properly pleaded and 7 Presumptive death & Lex fori (Article 43, 390,
proved survivorship 391, CC; Rule 131 §5 [jj],
Rules of Court)
THEORIES WHY FOREIGN LAW SHOULD BE GIVEN
EFFECT
1. Theory of Comity – foreign law is applied because of Rules on Marriage as a Contract
its convenience & because we want to
give protection to our citizens, residents, & transients FACTUAL POINT OF CONTACT
in our land SITUATION

2. Theory of Vested Rights – we seek to enforce not Celebrated Between Lex loci celebrationis is
foreign law itself but the rights that have been vested Abroad Filipinos without prejudice to the
under such foreign law; an act done in another state exceptions under Articles
may give rise to the existence of a right if the laws of 25, 35 (1, 4, 5 & 6), 36, 37
that state crated such right. & 38 of the Family Code
(bigamous & incestuous
3. Theory of Local Law– adherents of this school of marriages) & consular
thought believe that we apply foreign law not because marriages
it is foreign, but because our laws, by applying similar
rules, require us to do so; hence, it is as if the foreign Between Lex loci
law has become part & parcel of our local law Foreigners celebrationis EXCEPT if
the marriage is:
4. Theory of Harmony of Laws – theorists here insist
that in many cases we have to apply the foreign laws 1. Highly immoral
so that wherever a case is decided, that is, irrespective (like bigamous/
of the forum, the solution should be approximately the polygamous
same; thus, identical or similar solutions anywhere & marriages)
everywhere. When the goal is realized, there will be 2. Universally
“harmony of laws” considered
5. Theory of Justice – the purpose of all laws, including incestuous
Conflict of Laws, is the dispensing of justice; if this can (between brother-
be attained in may cases applying the proper foreign sister, and
law, we must do so ascendants-
descendants)
Mixed Apply 1 (b) to uphold
validity of marriage
Celebrated Between National law (Article 21,
in RP Foreigners FC) PROVIDED the
marriage is not highly
 immoral or universally Exceptions Successional rights National law of
considered incestuous) decedent (Article 16
par. 2, CC)
Mixed National law of Filipino
(otherwise public policy Capacity to National law of
may be militated against) succeed decedent (Article. 1039)
Marriage by Lex loci celebrationis (with Contracts involving The law intended will be
proxy (NOTE: a prejudice to the foregoing real property which the proper law of the
marriage by rules) do not deal with the contract (lex loci
proxy is title thereto voluntantis or lex loci
considered intentionis)
celebrated
where the proxy Contracts where The principal contract
appears the real property is (usually loan) is
given as security governed by the proper
law oft the contract –
(lex loci voluntatis or lex
Rules on Marriage as a Status loci
FACTUAL SITUATION POINT OF CONTACT intentionis)NOTE: the
mortgage itself is
1 Personal rights & National of husband governed by lex rei
obligations between (Note: Effect of subsequent sitae. There is a
husband & wife change of nationality: possibility that the
principal contract is
1. If both will have a valid but the mortgage is
new nationality – void; or it may be the
the new one other way around. If the
2. If only one will principal contract is
change – the last void, the mortgage will
common nationality also be void (for lack of
proper cause or
3. If no common consideration), although
nationality – by itself, the mortgage
nationality of could have been valid.
husband at the time
of wedding) Tangible personal property (choses in possession)

2 Property relations bet National law of husband 1 In General Lex rei sitae (Article. 16,
husband & wife without prejudice to what the CC)
CC provides concerning
Exceptions: same EXCEPTION: same as
REAL property located in the
as those for real those for real property
RP (Article 80)
property EXCEPT that in the
(NOTE: Change of
example concerning
nationality has NO EFFECT.
mortgage, the same
This is the DOCTRINE OF
must be changed to
IMMUTABILITY IN THE
pledge of personal
MATRIMONIAL
property)
PROPERTY REGIME)
2 Means of
Transportation
Rules on Property
Vessels Law of the flag (or in
FACTUAL SITUATION POINT OF CONTACT some cases, place of
registry)
Real property Lex rei sitae (Article 16,
CC) Other means Law of the depot
(storage place for
 supplies or resting 6 Validity of transfer, In general, situs of the
place) delivery or negotiation of instrument at the time of
the instrument transfer, delivery or
3 Things negotiation
in transitu (these
things have a 7 Effect on a corporation of Law of the place
changing status the sale of corporate incorporation
because they shares
move)
8 Effect between the Lex loci voluntatis or lex loci
Loss, destruction, Law of the destination parties of the sale of intentionis (proper law of
deterioration (Article. 1753, CC) corporate shares the contract) – for this is
really a contract; usually
Validity & effect of Locus regit this is the place where the
the seizure of the actum (where seized) – certificate is delivered)
goods because said place is
their temporary situs 9 Taxation on the Law of the place of
dividends of corporate incorporation
Disposition or Lex loci volutantis or lex shares
alienage of the loci intentionis –
goods because here there is a 10 Taxation on the income Law of the place where the
contract from the sale of sale was consummated
corporate shares
11 Franchises Law of the place that
FACTUAL SITUATION POINT OF CONTACT granted them
INTANGIBLE PERSONAL 12 Goodwill of the business Law of the place where the
PROPERTY (CHOSES IN & taxation thereto business is carried on
ACTION)
13 Patents, copyrights, In the absence of a treaty,
1 Recovery of debts or Where debtor may be trademarks, trade they are protected only by
involuntary assignment effectively served with names the state that granted
of debts (garnishment) summons (usually the themNOTE: foreigners may
domicile) sue for infringement of
2 Voluntary assignment of Lex loci voluntatis or lex trademarks and trade
debts loci intentionis (proper law names in the RP ONLY IF
of the contract) Filipinos are granted
reciprocal concessions in
Other Theories: the state of the foreigners
1. National law of the debtor or creditor
2. Domicile of the debtor or creditor Wills, Succession & Administration of Conflict Rules
3. Lex loci celebrationis FACTUAL SITUATION POINT OF CONTACT
4. Lex loci solutionis Extrinsic Validity of Wills
3 Taxation of debts Domicile of creditor 1 Made by an alien Lex nationalii OR lex
abroad domicilii OR RP law (Article
4 Administration of debts Lex situs of assets of the 816, CC), OR lex loci
debtor (for these assets can celebrationis (Article 17(1))
be held liable for the debts)
2 Made by a Filipino Lex nationalii OR lex loci
5 Negotiability or non- The right embodied in the abroad celebrationis (Article 815)
negotiability of an instrument (for example, in
instrument the case of a Swedish bill of 3 Made by an alien in Lex nationalii OR lex loci
exchange, Swedish law the RP celebrationis (Article 817)
determines its negotiability)
FACTUAL SITUATION POINT OF CONTACT execution, generally it is
enough to ask for the
Extrinsic Validity of Joint Wills enforcement here of the
(made in the same instrument) foreign judgment on the
1 Made by Filipinos abroad Lex nationalii (void, even probate abroad
if valid where made) Executors and Administrators
(Article 819)
1 Where appointed Place where domiciled at
2 Made by aliens abroad Valid if valid according death or incase of non-
to lex domicilii or lex loci domiciliary, where assets
celebrationis (Article 819) are found
3 Made by aliens in the RP Lex loci 2 Powers Co-extensive with the
celebrationis therefore qualifying of the
void even if apparently appointing court – powers
allowed by Article 817 may only be exercised
because the prohibition on within the territorial
joint wills is a clear jurisdiction of the court
expression of public policy concernedNOTE: these
Intrinsic Validity of Wills Lex nationalii of the rules also apply to
deceased – regardless of principal, domiciliary, or
the LOCATION & ancillary administrators &
NATURE of the property receivers even in non-
(Article 16 (2)) successive cases

Capacity to Succeed Lex nationalii of the

deceased – not of the heir Rules on Obligation and Contracts
(Article 1039)
FACTUAL SITUATION POINT OF CONTACT
Revocation of Wills
Formal or Extrinsic Validity Lex loci
1 If done in the RP Lex loci actus (of the celebrationis (Article 17
revocation) (Article. 829) {1})
2 If done OUTSIDE the RP Exceptions
1. By a NON- Lex loci celebrationis (of 1. Alienation & Lex situs (Article 16 [1])
DOMICILIARY the making of the will, encumbrance of
NOT revocation), OR lex property
domicilii (Article 829)
1. Consular contracts Law of the RP (if made in
1. By a Lex domicilii (RP law) RP consulates)
DOMICILIARY of OR lex loci actus (of the
the RP revocation) (Article 17) Capacity of Contracting Parties National law (Article 15)
without prejudice to the
Probate of Wills Made Abroad case of Insular
1 If not yet probated abroad Lex fori of the RP applies Government v Frank 13 P
as to the procedural 236, where the SC
aspects, i.e., the will must adhered to the theory
be fully probated here & of lex loci celebrationis
due execution must be Exception
shown
Alienation & encumbrance Lex situs (Article 16 {1})
2 If already probated abroad Lex fori of the RP again of property
applies as to the
procedural aspects; must Intrinsic validity (including Proper law of the contract
also be probated here, but interpretation of the – lex contractus (in the
instead of proving due broad sense), meaning
instruments, and amt. of the lex voluntatis or lex
damages for breach) loci intentionis
Other Theories are:
1. Lex loci celebrationis (defect: this makes possible
the evasion of the national law)
2. Lex nationalii (defect: this may impede commercial
transactions)
3. Lex loci solutionis (law of the place of performance)
(defect: there may be several places of performance
4. Prof Minor’s solution:
5. Perfection – lex loci celebrationis
6. Cause or consideration – lex loci considerations
7. Performance – lex loci solutionis (defect: this theory
combines the defect of the others)