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1. What law determines who shall succeed the deceased? Definition; Cognovit; Borrowing Statute;
Explain your answer and give its legal basis. Characterization(1994)
In Private International Law (Conflict of Laws) what is: 1}
2. What law regulates the distribution of the real Cognovit? 2) A borrowing statute? 3) Characterization?
properties in the Philippines? Explain your answer and give
its legal basis. SUGGESTED ANSWER:
1) a) COGNOVIT is a confession of judgment whereby a portion of
3. What law governs the distribution of the personal the complaint is confessed by the defendant who denies the rest
properties in Germany? Explain your answer and give its thereof (Philippine law Dictionary, 3rd Ed.) (Ocampo v. Florenciano,
legal basis. L-M 13553, 2/23/50).
b) COGNOVIT is a "statement of confession" Oftentimes, it is
SUGGESTED ANSWER: referred to as a "power of attorney" or simply as a "power", it is the
Assuming that the estate of the decedent is being settled in the written authority of the debtor and his direction to the clerk of the
Philippines) district court, or justice of the peace to enter judgment against the
1. The national law of the decedent (French law) shall govern in debtor as stated therein. (Words and Phrases, vol. 7, pp. 115-166).
determining who will succeed to his estate. The legal basis is Art. c) COGNOVIT is a plea in an action which acknowledges that the
16 par. 2, NCC. defendant did undertake and promise as the plaintiff in its
declaration has alleged, and that it cannot deny that it owes and
ALTERNATIVE ANSWER: unjustly detains from the plaintiff the sum claimed by him in his
French law shall govern the distribution of his real properties in the declaration, and consents that judgment be entered against the
Philippines except when the real property is land which may be defendant for a certain sum. [Words and Phrases, vol. 7, pp. 115-
transmitted to a foreigner only by hereditary succession. 166).
d) COGNOVIT is a note authorizing a lawyer for confession of
SUGGESTED ANSWER: judgment by defendant.
2. The distribution of the real properties in the Philippines shall be 2) "BORROWING STATUTE" -Laws of the state or jurisdiction used
governed by French law. The legal basis is Art. 16, NCC). by another state in deciding conflicts questioned involved in the
choice of law (Black's Law Dictionary, 5th ed. 1979).
SUGGESTED ANSWER: 3) a) "CHARACTERIZATION" is otherwise called "classification" or
shall be governed by French law. The legal basis is Art. 16, NCC). "qualification." It is the process of assigning a disputed question to
its correct legal category (Private International Law, Salonga).
Applicable Laws; Wills executed abroad (1993) b) "CHARACTERIZATION" is a process in determining under what
A, a Filipino, executed a will in Kuwait while there as a category a certain set of facts or rules fall. (Paras, Conflict of Laws,
contract worker. Assume that under the laws of Kuwait, it is p. 94. 1984 ed.)
enough that the testator affix his signature to the presence
of two witnesses and that the will need not be Definition; forum non-conveniens; long-arm statute (1994)
acknowledged before a notary public. May the will be 1) What is the doctrine of Forum non conveniens? 2) What
probated in the Philippines? is a "long arm statute"?
Divorce; effect of divorce granted to former Filipinos; Forum Non Conveniens & Lex Loci Contractus (2002)
Renvoi Doctrine (1997) Felipe is a Filipino citizen. When he went to Sydney for
In 1977, Mario and Clara, both Filipino citizens, were vacation, he met a former business associate, who
married in the Philippines. Three years later, they went to proposed to him a transaction which took him to Moscow.
the United States of America and established their Felipe brokered a contract between Sydney Coals Corp.
residence in San Francisco, California. In 1987, the couple (Coals), an Australian firm, and Moscow Energy Corp.
applied for, and were granted, U.S. citizenship. In 1989, (Energy), a Russian firm, for Coals to supply coal to Energy
Mario, claiming to have been abandoned by Clara, was able on a monthly basis for three years. Both these firms were
to secure a decree of divorce in Reno, Nevada, U.S.A. not doing, and still do not do, business in the Philippines.
In 1990, Mario returned to the Philippines and married Felipe shuttled between Sydney and Moscow to close the
Juana who knew well Mario's past life. contract. He also executed in Sydney a commission contract
with Coals and in Moscow with Energy, under which
(a) Is the marriage between Mario and Juana valid? contracts he was guaranteed commissions by both firms
based on a percentage of deliveries for the three-year
period, payable in Sydney and in Moscow, respectively,
through deposits in accounts that he opened in the two the view that the action may be justly and effectively adjudicated
cities. Both firms paid Felipe his commission for four elsewhere.
months, after which they stopped paying him. Felipe
learned from his contacts, who are residents of Sydney and SUGGESTED ANSWER:
Moscow, that the two firms talked to each other and C. No, the Philippine courts cannot acquire jurisdiction over the
decided to cut him off. He now files suit in Manila against case of Felipe. Firstly, under the rule of forum non conveniens, the
both Coals and Energy for specific performance. Philippine court is not a convenient forum as all the incidents of the
A. Define or explain the principle of lex loci case occurred outside the Philippines. Neither are both Coals and
contractus. (2%) Energy doing business inside the Philippines. Secondly, the
B. Define or explain the rule of forum non conveniens contracts were not perfected in the Philippines. Under the principle
(3%) of lex loci contractus, the law of the place where the contract is
C. Should the Philippine court assume jurisdiction over made shall apply. Lastly, the Philippine court has no power to
the case? Explain. (5%) determine the facts surrounding the execution of said contracts.
And even if a proper decision could be reached, such would have
SUGGESTED ANSWER: no biding effect on Coals and Energy as the court was not able to
A. LEX LOCI CONTRACTUS may be understood in two senses, as acquire jurisdiction over the said corporations. (Manila Hotel
follows: Corp. v. NLRC. 343 SCRA 1, 1314[2000])
(1) It is the law of the place where contracts, wills, and other public Nationality Theory (2004)
instruments are executed and governs their forms and PH and LV are HK Chinese. Their parents are now Filipino
solemnities, pursuant to the first paragraph, Article 17 of the New citizens who live in Manila. While still students in MNS
Civil Code; or State, they got married although they are first cousins. It
appears that both in HK and in MNS State first cousins
(2) It is the proper law of the contract; e.i., the system of law could marry legally.
intended to govern the entire contract, including its essential They plan to reside and set up business in the Philippines.
requisites, indicating the law of the place with which the contract But they have been informed, however, that the marriage of
has its closest connection or where the main elements of the first cousins here is considered void from the beginning by
contract converge. As country of which they are citizens. Since their reason of public policy. They are in a dilemma. They dont
marriage is illustrated by Zalamea v. Court of Appeals (228 want to break Philippine law, much less their marriage vow.
SCRA 23 [1993]), it is the law of the place where the airline ticket They seek your advice on whether their civil status will be
was issued, where the passengers are nationals and residents of, adversely affected by Philippine domestic law? What is your
and where the defendant airline company maintained its office. advice? (5%)