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Conflict of Laws Atty Tirso S.

Lasay Arafol/Aribal

CASE: Saudi Arabia Airlines vs Morada


The forms in which this foreign element may appear are many.
Conflicts of law /Private International Law - that branch The foreign element may simply consist in the fact that one of
of international law which regulates the comity of states in the parties to a contract is an alien or has a foreign domicile,
giving effect in one to the municipal laws of another relating or that a contract between nationals of one State involves
private persons, or concerns the rights of persons within the properties situated in another State. In other cases, the foreign
territory and dominion of one state or nation, by reason of acts, element may assume a complex form. (Saudi Arabia Airlines
private or public, done within the dominion of another, and vs. CA, supra)
which is based on the broad general principle that one country
will respect and give effect to the laws of another so far as can In the instant case, the foreign element consisted in the fact
be done consistently with its own interests that private respondent Morada is a resident Philippine
- Those universal principles of right and justice which national, and that petitioner SAUDIA is a resident foreign
govern the courts of one state having before them corporation. Also, by virtue of the employment of Morada with
cases involving the operation and effects of laws of the petitioner SAUDIA as a flight stewardess, events did
another state or country transpire during her many occasions of travel across national
borders, particularly from Manila, Philippines to Jeddah, Saudi
Nature of COL- independent and sovereign states Arabia, and vice versa, that caused a conflicts situation to
- Promulgate its own laws; arise.(Saudi Arabia Airlines vs. CA, supra)
- Develops ts own jurisprudence;
- Principle of sovereignty and independence of state
Scope of COL- events that contain elements significant to more
than one legal system. Contracts, marriage, common law COMPARED TO PUBLIC INTERNATIONAL LAW
relationship.

Foreign element - a factual situation that cuts across - Central distinction is in the soucres of law;
territorial lines and is thus affected by the diverse laws of two - Statutes of the internatonal court of justice;
or more states
- Governs only states and nternational recognized
organization
Comity - the recognition which one state allows within its
territory to the legislative, executive, or judicial acts of another - State to state
state, having due regard both to international duty and
convenience and to the rights of its own citizens or of other
persons who are under the protection of its laws
- Principle of conflicts of laws is incorporated in Objectives of COL- to provde ratonal and valid ruels and
Municipal laws; guidelines n deciding cases where either the partes, events and
- Not conclusive but mere prima facie evidence; transaction are linked to more than one jurisdiction.
- Mutuality and reciprocity;
ISSUES in COL

Section 2. The Philippines renounces war as an instrument of 1. Issues of adjudicatory jurisdiction


national policy, adopts the generally accepted principles of 2. Issues as to the choice of law
international law as part of the law of the land and adheres to 3. Enforcement and recognition of foreign judgment
the policy of peace, equality, justice, freedom, cooperation,
and amity with all nations. ( Article II section 2 1987
Constitution) Sources of COL:
1. Codes and statutes;
2. Treatise and International Convention;
Remedies 3. Treatises, commentaries and studies of learned
Enforcement of rights societies;
.Recognition and enforcement of foreign judgment 4. Judicial decisions

**Conflict of laws presupposes two or more conflicting laws,


between a local law and a foreign law involving a foreign 3 WAYS OF SOLVING CONFLICT OF LAWS PROBLEM:
element or elements, which requires a determination of which
law should apply.
1. Court might refuse to hear the case and dismiss it on
ground of lack of jurisdiction or forum non conveniens
Is there a conflicts case?
2. Court might decide the case by its own local law
A factual situation that cuts across territorial lines and is 3. Court might decide the case by special rules
affected by the diverse laws of two or more states is said to formulated to address the problem
contain a foreign element. The presence of a foreign element
is inevitable since social and economic affairs of individuals and
associations are rarely confined to the geographic limits of their CHOICE OF LAW PRINCIPLES
birth or conception. (Saudi Arabia Airlines vs. CA, G.R. No.
122191, Oct. 8, 1998)
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Conflict of Laws Atty Tirso S. Lasay Arafol/Aribal

GENERAL RULE: Foreign laws and judgments have no effect in or owner as such. It also covers contractual relationships
the Philippines particularly contracts of affreightment.

EXCEPTION: Consent, express (there is a law) or implied


(comity) Saudi Arabia Airlines vs. CA, G.R. No. 122191, Oct. 8, 1998

FACTS:
CHARACTERIZATION AND POINTS OF CONTACT
Morada, a Filipina flight stewardess for SAUDIA, was a
Characterization (Doctrine of Qualification) - process of attempted raped by Saudia Arabian national crewmembers in
deciding whether or not the facts relate (refer to the Indonesia. She returned to Manila and while there, she was
connecting factors) to the kind of question specified in a convinced by SAUDIA manager to go to Jeddah and sign some
conflicts rule; to enable the forum to select the proper law papers, purporting to be release forms in favor of her fellow
crewmembers. It turned out that the documents were court
summons and orders, trying and finding her guilty of adultery
ELEMENTS OF CHARACTERIZATION: and other violations of Islamic tradition. Upon her release and
return to Manila, she filed a case for damages based on Art. 19
1. Foreign element and 21 of the Civil Code.
2. Points of contact
3. Proper law applicable HELD:

There is a conflicts problem as there is a foreign element


involved -- Morada is employed by a resident foreign
4 MAJOR QUESTIONS THAT THE COURT CONSIDERS IN corporation, an international carrier, and some of the acts
ANALYZING A CONFLICTS OF LAW complained of occurred in Jeddah.

1. Has the court jurisdiction over the person of the The trial court has jurisdiction over the subject matter --
defendant or over his property; damage suit based on Art. 19 and 21 -- and over the persons
2. Competency jurisdiction over the SM; of Morada (plaintiff) and SAUDIA (voluntary submission by
3. Proper Venue- foreign element; filing answer).
4. Statute or doctrine under which the court otherwise
qualified to try case may or may not refuse t entertain For characterization, the point of contact considered is the lex
it. loci actus or the place where the tortuous act causing the injury
occurred -- Manila, Philippines since this is where SAUDIA
CHARACTERIZATION- process of deciding whether or not the deceived Morada. The State of the Most Significant Relationship
facts relate to the kind of question specified in a conflicts rule; rule was also applied, SC holding that the Philippines is where
to enable the forum to select the proper law. the over-all harm of the injury to the person, reputation, social
standing and human rights of Morada had lodged.
TEST FACTORS / POINTS OF CONTACT / CONNECTING
FACTORS: IN SUM: Morada is entitled to recovery for damages.

1. Nationality of a person, his domicile, his residence, his place of


sojourn, or his origin
2. The seat of a legal or juridical person, such as a corporation
3. The situs of a thing, that is, the place where a thing is, or is 2nd meeting
deemed to be situated. In particular, the lex situs is decisive
when real rights are involved Lex situs- the applicabkle law regarding the acquisition,
4. The place where an act has been done, the locus actus, such transfer and developmentof the totle to property s the law
as the place where a contract has been made, a marriage where the property is located
celebrated, a will signed or a tort committd. The lex loci actus
is particularly important in contracts and torts Lex fori- the law of the forum, where the case s filed
5. The place where an act is intended to come into effect, e.g. the
place of performance of contractual duties, or the pace where Lex Loci Actus law of the place where the act was done-
a power of attorney is to be exercised essentially the issue in the case of morada.
6. The intention of the contracting parties as to the law that
should govern their agreement, the lex loci intentionis
7. The place where judicial or administrative proceedings are Lex Loci Celebrationis law of the place where the contract is
instituted or done. The lex fori - the law of the forum - is made enter
particularly important because, as we have seen earlier,
matters of procedure not going to the substance of the claim
involved are governed by it; and because the lex fori applies
whenever the content of the otherwise applicable foreign law is Lex Loci Contractus the law of the place where the contract
excluded from application in a given case for the reason that it was made or law of the place where the contract is to be
fails under one of the exceptions to the application of foreign
law governed (place of performance) which may or may not be the
8. The flag of the ship, which in many cases, is decisive of
same as that of the place where it was made.
practically all legal relationships of the ship and of its master

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Conflict of Laws Atty Tirso S. Lasay Arafol/Aribal

of successional rights and to the intrinsic


- It is the proper law applicable in deciding the rights of validity of testamentary provisions, shall be
the parties. regulated by the national law of the person
whose succession is under consideration,
whatever may be the nature of the property
and regardless of the country wherein said
Lex loci delictus law of the place where the
property may be found. (10a)
crime/offense/wrong took place
Article 829. A revocation done outside the
Philippines, by a person who does not have
Lex loci Domicilii law of the domicile, so you follow the law of his domicile in this country, is valid when it
the domicile; so this also applies in determining the formalities is done according to the law of the place
where the will was made, or according to the
of wills ex. There is an American, resident or domicile in PH. He law of the place in which the testator had his
made a will in PH what law would govern?? You will learn that domicile at the time; and if the revocation
takes place in this country, when it is in
later in your succession. (in conflicts, the law of ones domicile accordance with the provisions of this Code.
applied in the choice of law questions) (n)

Article 819. Wills, prohibited by the


preceding article, executed by Filipinos in a
Lex rei sitae law of the place where property is situated; the
foreign country shall not be valid in the
general rule is that lands and other immovables are governed Philippines, even though authorized by the
laws of the country where they may have
by the law of the state where they are situated.
been executed.

2. When the proper foreign law was not properly pleaded


Judicial Jurisdiction- power or authority of the court to hear and and prove; relate to PROCESSUAL PRESUMPTION- If
decide cases. foreign law was not properly pleaded and prove, it is
presume that such law is the same as that of the
forum;
BASIS OF JURISDICTION N CONFLICTS OF LAWS- Juridiction 3. The case falls under any of the exception to the
over the application of the foreign law.

1. Person ( forum-defendant contracts) CHOICE OF APPPLICABLE LAW


2. Res- forum- property contracts
3. Subject matter- conferred by the law 2 Important questions in a choice of law problem

1. What legal system should control a given situation


where some of the significant factors occurred in two
LONG ARM STATUTES statutes which specify the kinds of or more states solved by characterization
contracts upon which jurisdiction will be asserted. 2. To what extent should the chose legal system regulate
the situation
DOCTRINE OF FORUM NON-CONVENIENS
WHAT LAW WOULD APPLY?
1. Controversy may be more suitably tried elsewhere;
2. The ends of justice woud be best served by trial in If it involves property real and personal follow the lex
another forum; situs or lex sitae rule
3. To secure procedural advantages Personal law should apply: NATIONALITY RULE
1. Family rights and duties article 15;
2. Controversy arising from the family relation;
INSTANCE WHEREIN THE INTERNAL LAW SHOULD APPLY: 3. Status, birth, marriage, naturalization, laws covering
civil interdiction and
Factors that would justify the application of internal law 4. legal capacity.

1. When a specific law of the forum dictates that the


internal law should apply artcle 16 lex rae sitea;
GR: NO FOREIGN LAW SHOULD INTERFERE WITH THE
OPERATION AND APPLICATION OF PHILIPPINE LAW
Article 16 of the NCC - Article 16. Real
property as well as personal property is Except: when the Philippine legislator has given its consent..
subject to the law of the country where it is
stipulated.However, intestate and
testamentary successions, both with respect
to the order of succession and to the amount

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Conflict of Laws Atty Tirso S. Lasay Arafol/Aribal

Instances where the foreign law would interfere in the domicile so in this case it is the PH. So without this doctrine it
operation of the Philippines: is would be an international football.

1. When the PH legislature has, by law, given its consent The conflicts of law refers the matter to the law of the forum
to the extention of a specific foreign law to the PH or a third state. Applying this RD, when the foreign law passes
(COGSA) the jusricdition over the law of the forum, the law of the forum
2. When the congresss enacts a law adopting or cpoyng should apply jusridicton already. Remember naa requisites
a specific foreign statute; example foreign element.
3. When the state enters into a treaty or convention;
4. When the parties themselves stipulate that foreign law So here, Amos is an American citizen. He also domicile in US.
goversn their relationship So happen that he made a will in PH. On hs 2nd wife, naa sya 3
5. BORROWING STATUTE- a statute that directs the ka illegimate child. (nag review si sir sa persons, when can
forum to apply the foreign statute to the pending you say you are an illegitimate child)
claims based on foreign law
Maria Christina and 3 illegimate children oppose the probate on
6. When the PH conflicts of law refer to foregn law as
the ground that there was impapirment of his legitimes. Ana
applicable law ( nationalty principle)
sila PH laws ang magapply. The court ruled that it should be
the national law that should apply.

GENERAL RULE: Parties are free to stipulate as to the In this case, the renvoi doctrine was not applied. This is so
applicable foreign law to govern their dispute arising from the since, the foreign element is both a citizen and domicile in the
contract US. Renvoi doctrine would apply if citizen or domicile to one
country. This case is all about succession or capacity to succeed
But if there is no agreement as to applicable law governing which the national law should apply.
contract apply the law of the state of the MOST
SIGNIFICANT RELATIONSHP taking into account the
following contracts :
REPUBLIC VS FRANK
1. Place of the contracting ;
Here Chicago citizen he was a adult in US. But he was a minor
2. Place of negotiation;
in PH. The contract was entered in US. Following lex loci
3. Place of performance;
celebrationis, so you have to follow the rules of US. US law said
4. Location of the subject matter of the contract;
that he is already emancipated and has a complete legal
5. Domicile, residence, nationality, place of incorp-
personality.
oration and place of business of the contracting
parties.

AZNAR VS GARCIA
BELLIS VS BELLIS-
Edward here got married to Helen, nagbulag. And Edward
Borrowing statute- statutes which directs the forum to apply marry maria. He was an American citizen, domicile in PH and
the foreign law of the pending claim. made a will in the PH. In his will gamay lang ang iyang gihatag
kay Helen (anak) and the rest to maria. What involves here is
GR: parties are free to stipulate what law would govern. But
the capacity to succeed involving succession. Our ph laws said
this is only applicable to contractual cases not to torts ( morada
that as to the intrinsic valifity of the will should be governed by
case) only on contractual relations.
the law of the national of the decedent. US law said, that the
Morada case: there was no stipulation of the parties. The SC law of the domicile should apply. The US kasi dont have a
here apply the most significant relationship. Taking into legitime system. So here renvoi doctrine apply.
account, the lex actus etc..

REVIEW is done
Lets go back a little to CHARACTERIZATION

It a process to know which law should apply. The law of the


Let discuss the cases forum or the law of the foreign land. How does the court or
whats the basis for the court to determine it.
BELLIS VS BELLIS
There are two methods in which the court should deal with in:
Here the court discuss the renvio doctrine (renboy). Referring
back doctrine. Refer it back to the law of the foreign land. 1. SUBJECT MATTER CHARACTERIZATION- the
Example a controversy According to the conflcts of law rules, court will now determine what is the character of that
thePhilippine statutory directives, it states that if the controversy. Iyang ihimayhimay kung baga. Ah
controversy involves real pproperty, we apply lex situs rule or kaning na kaso, torts ni sya, contract ni sya. . the
lex sitae. It means law of the place where the property is court will determine as to what kind the controversy
located. So if the property is in US, refer it back to US. But US is there. Either torts etc.. PH laws now provides
said, our laws in this kind of controvery, follow the law of the conflicts of laws in each characterization. Pwde family
4
Conflict of Laws Atty Tirso S. Lasay Arafol/Aribal

na sya or property. Later on in the semester we will Note that the election of the citizenship must be within 3 years
learn what our PH laws says in each of these upon reaching the age of majority. ( Jurisprudence)
controversy.
2. SUBSTANCE PROCEDURE CHARACTERIZATION-
we learn that if the controversy is more on substantial
issues we follow the foreign law. But if the controversy TESTATE ESTATE OF AMOS G. BELLIS, deceased.
merely involves procedural matters, you follow the PEOPLE'S BANK and TRUST COMPANY, executor.
law of the forum. This brings us to term (BQ 2013) MARIA CRISTINA BELLIS and MIRIAM PALMA
_____ BELLIS, oppositors-appellants,
a. if it is substance Foreign law vs.
b. if it is procedural Law of the forum EDWARD A. BELLIS, ET AL., heirs-appellees.

EXAMPLE : domiciliary ka sa PH naa kay property in US. It is In this regard, the parties do not submit the case on, nor even
possible that since you are a domicile in PH, the law of the PH discuss, the doctrine of renvoi, applied by this Court in Aznar
would govern but some part of the procedding particularly with v. Christensen Garcia, L-16749, January 31, 1963. Said
respect sa property located abroad the law of US would govern. doctrine is usually pertinent where the decedent is a national
Sa is ka kaso 2 laws to apply that term is DEFISAGE of one country, and a domicile of another. In the present case,
it is not disputed that the decedent was both a national of Texas
and a domicile thereof at the time of his death.2 So that even
assuming Texas has a conflict of law rule providing that the
DEPECAGE to dissect , where different aspect of the case domiciliary system (law of the domicile) should govern, the
involving foreign element may be governed by different same would not result in a reference back (renvoi) to Philippine
system of laws. law, but would still refer to Texas law. Nonetheless, if Texas
has a conflicts rule adopting the situs theory (lex rei sitae)
a term for the phenomena where different aspects of calling for the application of the law of the place where the
a case involving a foreign element may be governed properties are situated, renvoi would arise, since the properties
by different systems of laws. here involved are found in the Philippines. In the absence,
however, of proof as to the conflict of law rule of Texas, it
RENVIO DOCTRINE A procedure, whereby a jural matter should not be presumed different from ours.3 Appellants'
presented is reffered by the conflicts of law rules of the forum position is therefore not rested on the doctrine of renvoi. As
to a foreign state, the conflicts of laws rule of whch, in turn, stated, they never invoked nor even mentioned it in their
refers the matter to the law of the forum or 3rd state arguments. Rather, they argue that their case falls under the
circumstances mentioned in the third paragraph of Article 17
GR: By virtue of characterization foreign laws may take effect in relation to Article 16 of the Civil Code.
in the law of the forum or PH courts.
Article 16, par. 2, and Art. 1039 of the Civil Code, render
Exceptions : applicable the national law of the decedent, in intestate or
testamentary successions, with regard to four items: (a) the
1. Foreign law contravenes PH laws or public policy. order of succession; (b) the amount of successional rights; (e)
There are cases that even though the foreign law is the intrinsic validity of the provisions of the will; and (d) the
properly pleaded , the same is contrary to public capacity to succeed. They provide that
policy. Read the case Bank of America vs American
realty gr 133876 dec 1999
2. When the relationship of the parties affects public ART. 16. Real property as well as personal property is
subject to the law of the country where it is situated.
interest ( real property is involved)
3. When the foreign law judgment is contrary to sound
. However, intestate and testamentary successions,
4. When the foreign law is procedural in nature. So if both with respect to the order of succession and to the
procedural in nature, you need not look for the foreign amount of successional rights and to the intrinsic
validity of testamentary provisions, shall be regulated
law. Our conflicts of law rule that you follow the law
by the national law of the person whose succession is
of the forum;
under consideration, whatever may he the nature of
5. When the law is penal in nature- not given exterritorial
the property and regardless of the country wherein
application; said property may be found.

ART. 1039. Capacity to succeed is governed by the


law of the nation of the decedent.

NEXT Meeting: QUIZ


Appellants would however counter that Art. 17, paragraph
CITIZEN AND DOMICILE three, of the Civil Code, stating that

Who are the citizen of the PH ?


Prohibitive laws concerning persons, their acts or
Who are those Natural Born? property, and those which have for their object public
order, public policy and good customs shall not be
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Conflict of Laws Atty Tirso S. Lasay Arafol/Aribal

rendered ineffective by laws or judgments Lets review.


promulgated, or by determinations or conventions
agreed upon in a foreign country. Last meeting we have discuss CHARACTERIZATION. We
discuss that there are two kinds of characterization, the subject
matter characterization and substance characterization. It is a
prevails as the exception to Art. 16, par. 2 of the Civil Code process where the forum determine which proper laws to apply.
afore-quoted. This is not correct. Precisely,
WON, the law of the forum or the foreign law.
Congress deleted the phrase, "notwithstanding the provisions
of this and the next preceding article" when they incorporated We discussed Subject Matter Characterization- the forum
Art. 11 of the old Civil Code as Art. 17 of the new Civil Code,
would characterize as to whether, it is a torts case, family case,
while reproducing without substantial change the second
contract case. The forum will now apply each particular law
paragraph of Art. 10 of the old Civil Code as Art. 16 in the new.
It must have been their purpose to make the second paragraph regarding such character. Example if contracts, the law of the
of Art. 16 a specific provision in itself which must be applied in forum is the PH, the PH now would apply its own law of the
testate and intestate succession. As further indication of this contracts
legislative intent, Congress added a new provision, under Art.
1039, which decrees that capacity to succeed is to be governed The next mode is what we call Substance Procedure
by the national law of the decedent. Characterization- means that the court would only characterize
whether or not the issue in the particular controversy nvolves
substantive issue or procedural issue. We know for the fact,
It is therefore evident that whatever public policy or good
that if the issue is procedural (like the issue on prescription),
customs may be involved in our System of legitimes, Congress
has not intended to extend the same to the succession of the conflicts rule of the PH states that you apply the law of the
foreign nationals. For it has specifically chosen to leave, inter forum.
alia, the amount of successional rights, to the decedent's
national law. Specific provisions must prevail over general Last meeting as well we defined the term , defesage (idk the
ones. spelling) to dissect . a different aspect of the case involving
foreign element. It is possible that kani na portion of the case
the foreign law would apply and the other portion the law of
Appellants would also point out that the decedent executed two
the forum would apply.
wills one to govern his Texas estate and the other his
Philippine estate arguing from this that he intended We also talk about renboy or renvio doctrine- It is in the case
Philippine law to govern his Philippine estate. Assuming that
of Aznar vs Garcia and Bellis vs Bellis. Memorize this definition.
such was the decedent's intention in executing a separate
In the case of bellis the renvio doctrine does not apply because
Philippine will, it would not alter the law, for as this Court ruled
in Miciano v. Brimo, 50 Phil. 867, 870, a provision in a the subject is both a domicile and a citizen of a foreign country.
foreigner's will to the effect that his properties shall be So both citizen sya and domicile in US. It just so happen that
distributed in accordance with Philippine law and not with his he was in here in PH.
national law, is illegal and void, for his national law cannot be
ignored in regard to those matters that Article 10 now Article We have also the case of Aznar vs Garcia, the revio doctrine
16 of the Civil Code states said national law should govern. applies because the subject is a citizen in America and a
domicile of PH when he made the will in PH. So relation turns
sour naman sa US, gihatagan niya ug large portion of his estate
The parties admit that the decedent, Amos G. Bellis, was a
and relation turns sweet in the PH. So the court said that you
citizen of the State of Texas, U.S.A., and that under the laws
of Texas, there are no forced heirs or legitimes. Accordingly, have to follow the law of legitimes.
since the intrinsic validity of the provision of the will and the
We also discuss last time that we follow the national law of the
amount of successional rights are to be determined under
Texas law, the Philippine law on legitimes cannot be applied to decedent involving the following:
the testacy of Amos G. Bellis.
1. Order of succession;
2. Amount of successional rights;
Wherefore, the order of the probate court is hereby affirmed in 3. Intrinsic validity of the will;
toto, with costs against appellants. So ordered. 4. Capacity to succeed.

Concepcion, C.J., Reyes, J.B.L., Dizon, Regala, Makalintal, NOTICE AND PROOF OF FOREIGN LAW
Zaldivar, Sanchez and Castro, JJ., concur.
GENERAL RULE: the party who seek to prove foreign
law/judgment has the burden of proof to prove the foreign law/
judgment. The party whose cause of action or defense
depended upon the foregn law has the burden of proving the
foreign law.
JULY 25 2017
It must 2P plead and prove the foreign law or judgment for
PART 1 our courts do not take judicial notice to the same. Masking
nakabalo na nang judge sa law or judgment, still the court shall
Last time we dont have a quiz because of the acquaintance not take judicial notice and apply the actual knowledge of the
party. So it would be fait to have a quiz tonight. Am I right or judge.
am I right?
6
Conflict of Laws Atty Tirso S. Lasay Arafol/Aribal

EXCEPTION TO JUDICIAL NOTICE 2. The foreign law is procedural in nature; we learn


earlier that if the issue is procedural you apply the law
1. Foreign laws are already in the actual knowledge of of the forum
the court. 3. Issues are related to property- why according to lex
a. Ex . there were already cases decided by the rae sitae;
court applying such foreign law. 4. The issues involved In the enforcement of foreign
2. Where the courts are familiar with the court claim is Fiscal or administrative;
a. ex. Spanish code where our civil code is 5. Foreign laws or judgment are contrary to good morals
made after ( contra bonos mores);
3. When the adverse party did not dispute the 6. The application of foreign law will work as the denial
application of the foreign law. of justice to the citizen of the forum;
4. When the tribunal is a quasi-judicial body not bound 7. The foreign law is penal in nature;
by the strict laws/rules. a. When do you know that a particular law is
penal? when it provides for a
In the end the judge cannot decide the case on the basis of his
penalty/punishment for its violation/offense
knowledge and information. He can only do so on the basis of
which must not be given exterritorial effect;
evidence before his court. He can only act the evidence before
It prohibits certain acts_
his court in the actual case.
b. Unsa ang remedy in this situation. State A,
naa sya local na nakasala sa State B. What is
now the remedy of the state to acquire
HOW DO YOU FOREIGN LAW? jurisdiction? We have your treaty or
extratriton treaty. We discuss early that
By presenting either of the following: jusriction can be acquired through treaty.
One of these is through a extratition treatry.
1. An official publication of the law; ( relate this to
Example is the case of RAMGEN Revilla.
tanada vs tuvera where the publication is mandatory)
8. The application of the foreign law might endanger the
2. A copy of the law attested by the officer having the
vital interest of the state
legal custody of the record or by deputy;
REMEDY EXTRADITON
HOW ARE YOU GOING TO PROVE DOCUMENTS EXECUTED
ABROAD? HOW ARE YOU GOING TO PROVE ITS - Jurisdictional cooperation and assistance among
AUTHENTICITY? states in the enforcement of their criminal laws.

1. Must be duly authenticated by the Philippine consul


attaching his consular seal. This is what we call the
red ribbon; Bank of America vs American Realty Corporation
GR 133876 December 29, 1999
We also discuss the priniciple of lex rae sitae. Ah kani balikbalik Facts:
kabalo namu ana.. remember the court may dismiss the case Petitioner granted loans to 3 foreign corporations. As security,
by the failure to prove the cause of action. the latter mortgaged a property located in the Philippines
owned by herein respondent ARC. ARC is a third party
EFFECTS OF FAILURE TO PLEAD AND PROVE FOREIGN LAW mortgagor who pledged its own property in favor of the 3
debtor-foreign corporations.
1. To dismiss the case for inability establish a cause of The debtors failed to pay. Thus, petitioner filed collection suits
action; in foreign courts to enforce the loan. Subsequently, it filed a
2. To assume that the foreign law is the same as the law petition in the Sheriff to extra-judicially foreclose the said
of the forum doctrine of processual presumption mortgage, which was granted.
3. To apply the law of the forum On 12 February 1993, private respondent filed before the Pasig
RTC, Branch 159, an action for damages against the petitioner,
The court may also assume that the law of the foreign is the for the latters act of foreclosing extra-judicially the real estate
same as the law of the forum. This is what we call processual mortgages despite the pendency of civil suits before foreign
presumption. After this presumption the law forum will now courts for the collection of the principal loan.
apply. Issue:
WON petitioners act of filing a collection suit against the
principal debtors for the recovery of the loan before foreign
courts constituted a waiver of the remedy of foreclosure.
EXCEPTION AS TO THE RULE ON COMITY

GR: through the procession of characterization foreign law will 2. Conflicts of Law
apply.

1. If the foreign law is contrary to public policy of the law Incidentally, petitioner alleges that under English Law, which
of the forum; according to petitioner is the governing law with regard to the
a. Ex labor policies Bank of America vs principal agreements, the mortgagee does not lose its security
American realty corporation

7
Conflict of Laws Atty Tirso S. Lasay Arafol/Aribal

interest by simply filing civil actions for sums of money.We rule


in the negative.
In a long line of decisions, this Court adopted the well- Who are the citizen of the Philippines? How do we know? It is
imbedded principle in our jurisdiction that there is no judicial through our constitution. Article IV of the constitution diba.
notice of any foreign law. A foreign law must be properly
pleaded and proved as a fact. Thus, if the foreign law involved
is not properly pleaded and proved, our courts will presume
that the foreign law is the same as our local or domestic or PART II
internal
law. This is what we refer to as the doctrine of processual
presumption.
CITIZENSHIP THEORY
In the instant case, assuming arguendo that the English Law
on the matter were properly pleaded and proved in said foreign
- It is for each state to determine who are its national
law would still not find applicability.
- Status of being a citizen of a state who owes
Thus, when the foreign law, judgment or contract is contrary
to a sound and established public policy of the forum, the said allegiance to the state and is entitled to its protection
foreign law, judgment or order shall not be applied. and to the enjoyment of civil and political rights
Additionally, prohibitive laws concerning persons, their acts or
property, and those which have for their object public order, Different kinds of citizenship in the Philippines
public policy and good customs shall not be rendered 1. Natural born citizens
ineffective by laws or judgments promulgated, or by Those who are citizens from birth without
determinations or conventions agreed upon in a foreign having to perform any act to acquire or
country. perfect their Philippine citizenship
The public policy sought to be protected in the instant case is
the principle imbedded in our jurisdiction proscribing the
Native-born Filipinos
splitting up of a single cause of action.
Those born in the Philippines. Natural-born
Moreover, foreign law should not be applied when its
application would work undeniable injustice to the citizens or citizens may not be native-born if they were born
residents of the forum. To give justice is the most important abroad
function of law; hence, a law, or judgment or contract that is
obviously unjust negates the fundamental principles of Conflict
of Laws.
2. Citizens by naturalization
Clearly then, English Law is not applicable.
Those who were formerly aliens but by
judicial, legislative, or administrative
process, have become Filipino citizens

QUIZ TIME
Who are the citizen of the PH?

Citizens of the Philippines under the 1987 Constitution


1. Those who are citizens of the Philippines at the time
PERSONAL LAWS
of the adoption of this Constitution
PERSONAL LAWS- civil status, capacity, condition, family rights 2. Those whose fathers or mothers are citizens of the
Philippines
and duties, laws on succession and capacity to succeed.
3. Those born before January 17, 1973, of Filipino
OUR lesson for today is about Personal Laws. Conflicts of law mothers, who elect Philippine citizenship upon
reaching the age of majority (within a reasonable
problems are determine mainly by the national or the domicile
time 3 years from reaching the age of majority) and
of the subject. Remember that there must be a foreign
4. Those who are naturalized in accordance with law
element. How can say that there is a foreign element? So you
have to know kung usa ang iyang nationality and his
domiciliary. This is a review of you constitutional subjects. Juridical person- how do you know the nationality of the
juridical person? It is determine by by the enabling law that
We learned before that controversy regarding to its civil status,
created such corporation.
capacity, family relation and laws on succession and capacity
to succeed are determine by the personal law of the subject.
Article 15 of the NCC.
2 mode of acquiring citizenship
Article 15 NCC: An individual private rights should be
determine not on its physical location but by its political 1. By blood;
allegiance. 2. By naturalization

Article 15. Laws relating to family rights and duties,


or to the status, condition and legal capacity of
persons are binding upon citizens of the Philippines,
even though living abroad.

8
Conflict of Laws Atty Tirso S. Lasay Arafol/Aribal

Jus soli v. jus sanguinis established the principle of jus sanguinis as basis for the
Jus soli Jus sanguinis acquisition of Philippine citizenship, xxx

A person is a citizen of the It is citizenship by blood So also, the principle of jus sanguinis, which confers citizenship
country where he was born by virtue of blood relationship, was subsequently retained
or of the country of his birth under the 1973 and 1987 Constitutions. Thus, the herein
This is the rule that we private respondent, Rosalind Ybasco Lopez, is a Filipino citizen,
follow in the Philippines having been born to a Filipino father. The fact of her being born
in Australia is not tantamount to her losing her Philippine
citizenship. If Australia follows the principle of jus soli, then at
most, private respondent can also claim Australian citizenship
o Principle of jus sanguinis resulting to her possession of dual citizenship.
o How Philippine citizenship is acquired
o Effect of filing certificate of candidacy: express renunciation of
other citizenship
Sir discussion : Here dri namugawas ang conflict. Gipanganak
sya sa Filipino na tatay pero gipanganak sya sa country kung
VALLES VS COMELEC
asa ang jus soli. Unsay tawag sa iya? Dual citizen. The fact of
her being born in Australia is not tantamount to her losing her
FACTS: Philippine citizenship. If Australia follows the principle of jus
soli, then at most, private respondent can also claim Australian
Rosalind Ybasco Lopez was born on May 16, 1934 in Australia citizenship resulting to her possession of dual citizenship.
to a Filipino father and an Australian mother. In 1949, at the
age of fifteen, she left Australia and came to settle in the
Philippines, where she later married a Filipino and has since
then participated in the electoral process not only as a voter Election of Citizen Procedure
but as a candidate, as well. In the May 1998 elections, she ran
for governor but Valles filed a petition for her disqualification So those born before January 17 1973 of Filipino mothers who
as candidate on the ground that she is an Australian. elect PH citizenship upon reaching the age of majority. What is
the procedure?
ISSUE:
1. Express intention in the statement signed
and sworned to by the party before any office
o Whether or not Rosalind is an Australian or a Filipino
authorize to administer oath. Ex. Notary
public.
2. File sworned statement of oath of allegiance
with the nearest civil registry and the
HELD: election must be made within reasonable
time ( 3 years,) meaning 21 years of age.
The Philippine law on citizenship adheres to the principle of jus
sanguinis. Thereunder, a child follows the nationality or
citizenship of the parents regardless of the place of his/her
birth, as opposed to the doctrine of jus soli which determines DUAL CITIZENSHIP- status of a person who is a citizen of two
nationality or citizenship on the basis of place of birth. or more countries at the same time

Rosalind Ybasco Lopez was born a year before the 1935


Constitution took into effect and at that time, what served as
1. Those born of Filipino fathers and/or mothes in the
the Constitution of the Philippines were the principal organic
foregn countries which follow the principle of jus soli;
acts by which the United States governed the country. These
2. Those born in the Philippines of Filipino mothers and alien
were the Philippine Bill of July 1, 1902 and the Philippine
fathers if by the laws f their fathers country such children
Autonomy Act of Aug. 29, 1916, also known as the Jones Law.
are citizen of that country;
3. Those who marry aliens if by the laws of the latters
Under both organic acts, all inhabitants of the Philippines who
country the former are considered citizens, unless by
were Spanish subjects on April 11, 1899 and resided therein
their act or omission they are deemed to have renounced
including their children are deemed to be Philippine citizens.
PH citizenship;
Private respondents father, Telesforo Ybasco, was born on Jan.
a. - Naminyo si A ug Americano? Is A a Filipino?
5, 1879 in Daet, Camarines Norte.... Thus, under the Philippine
Yes,unless by act and omission he is deemed to
Bill of 1902 and the Jones Law, Telesforo Ybasco was deemed
renounce his citizenship. What is those acts and
to be a Philippine citizen. By virtue of the same laws, which
omission? Holding a green card is a mere
were the laws in force at the time of her birth, Telesforos
evidence that you are domicile in that country.
daughter, herein private respondent Rosalind Ybasco Lopez, is
Hindi sya act that he renounce his citizenship.
likewise a citizen of the Philippines.
Take not what is prohibited is dual allegiance

The signing into law of the 1935 Philippine Constitution has

9
Conflict of Laws Atty Tirso S. Lasay Arafol/Aribal

4. Those who retained or reacquired their PH citizenship inimical to the national interest and shall be dealt with by law."
under RA 9225 after havng been naturalized in a foreign
country. Consequently, persons with mere dual citizenship do not fall
under this disqualification. Unlike those with dual allegiance,
who must, therefore, be subject to strict process with respect
to the termination of their status, for candidates with dual
GR: Dual citizenship remains
citizenship, it should suffice if, upon the filing of their
Exception : by means of renouncing or filling a certificate of certificates of candidacy, they elect Philippine citizenship to
candidacy or accepting official appointment in the government terminate their status as persons with dual citizenship
considering that their condition is the unavoidable consequence
of conflicting laws of different states.

MERCADO VS MANZANO 1998 By electing Philippine citizenship, such candidates at the same
time forswear allegiance to the other country of which they are
FACTS: also citizens and thereby terminate their status as dual
citizens. It may be that, from the point of view of the foreign
Petitioner Ernesto Mercado and Eduardo Manzano were both state and of its laws, such an individual has not effectively
candidates for Vice-Mayor of Makati in the May 11, 1998 renounced his foreign citizenship. That is of no moment.
elections.
When a person applying for citizenship by naturalization takes
Based on the results of the election, Manzano garnered the an oath that he renounces his loyalty to any other country or
highest number of votes. However, his proclamation was government and solemnly declares that he owes his allegiance
suspended due to the pending petition for disqualification filed to the Republic of the Philippines, the condition imposed by law
by Ernesto Mercado on the ground that he was not a citizen of is satisfied and complied with. The determination whether such
the Philippines but of the United States. renunciation is valid or fully complies with the provisions of our
Naturalization Law lies within the province and is an exclusive
From the facts presented, it appears that Manzano is both a prerogative of our courts. The latter should apply the law duly
Filipino and a US citizen. enacted by the legislative department of the Republic. No
foreign law may or should interfere with its operation and
The Commission on Elections declared Manzano disqualified as application.
candidate for said elective position.
The court ruled that the filing of certificate of candidacy of
However, in a subsequent resolution of the COMELEC en banc, respondent sufficed to renounce his American citizenship,
the disqualification of the respondent was reversed. effectively removing any disqualification he might have as a
Respondent was held to have renounced his US citizenship dual citizen. By declaring in his certificate of candidacy that he
when he attained the age of majority and registered himself as is a Filipino citizen; that he is not a permanent resident or
a voter in the elections of 1992, 1995 and 1998. immigrant of another country; that he will defend and support
the Constitution of the Philippines and bear true faith and
Manzano was eventually proclaimed as the Vice-Mayor of allegiance thereto and that he does so without mental
Makati City on August 31, 1998. reservation, private respondent has, as far as the laws of this
country are concerned, effectively repudiated his American
Thus the present petition. citizenship and anything which he may have said before as a
dual citizen.

ISSUE: On the other hand, private respondents oath of allegiance to


the Philippines, when considered with the fact that he has spent
Whether or not a dual citizen is disqualified to hold public his youth and adulthood, received his education, practiced his
elective office in the philippines. profession as an artist, and taken part in past elections in this
country, leaves no doubt of his election of Philippine
citizenship.
RULING:
His declarations will be taken upon the faith that he will fulfill
The court ruled that the phrase "dual citizenship" in R.A. 7160 his undertaking made under oath. Should he betray that trust,
Sec. 40 (d) and R.A. 7854 Sec. 20 must be understood as there are enough sanctions for declaring the loss of his
referring to dual allegiance. Dual citizenship is different from Philippine citizenship through expatriation in appropriate
dual allegiance. The former arises when, as a result of the proceedings. In Yu v. Defensor-Santiago, the court sustained
application of the different laws of two or more states, a person the denial of entry into the country of petitioner on the ground
is simultaneously considered a national by the said states. Dual that, after taking his oath as a naturalized citizen, he applied
allegiance on the other hand, refers to a situation in which a for the renewal of his Portuguese passport and declared in
person simultaneously owes, by some positive act, loyalty to commercial documents executed abroad that he was a
two or more states. While dual citizenship is involuntary, dual Portuguese national. A similar sanction can be taken against
allegiance is a result of an individual's volition. Article IV Sec. any one who, in electing Philippine citizenship, renounces his
5 of the Constitution provides "Dual allegiance of citizens is
10
Conflict of Laws Atty Tirso S. Lasay Arafol/Aribal

foreign nationality, but subsequently does some act


constituting renunciation of his Philippine citizenship.
Bengson vs HRET
The petition for certiorari is DISMISSED for lack of merit.
BENGSON vs. HRET and CRUZ
DISCUSSION: manzano here is born in US. He is American G.R. No. 142840
under jus soli doctrine. SC ruled what is prohibited is not dual May 7, 2001
citizenship but dual allegiance. Nganu man diay pag dual FACTS: The citizenship of respondent Cruz is at issue in this
allegiance? Our constitution said that dual allegiance is case, in view of the constitutional requirement that no person
shall be a Member of the House of Representatives unless he
dangerous to our country. Namamangka sa duh aka ilog. So
is a natural-born citizen.
the filling here of the coc is __
Cruz was a natural-born citizen of the Philippines. He was born
in Tarlac in 1960 of Filipino parents. In 1985, however, Cruz
enlisted in the US Marine Corps and without the consent of the
How PH citizenship lost? Republic of the Philippines, took an oath of allegiance to the
USA. As a Consequence, he lost his Filipino citizenship for under
Under Com. Act 63, as amended, a Filipino citizen may lose his CA No. 63 [(An Act Providing for the Ways in Which Philippine
citizenship in any of the following ways: Citizenship May Be Lost or Reacquired (1936)] section 1(4), a
Filipino citizen may lose his citizenship by, among other,
1. By naturalization in a foreign country rendering service to or accepting commission in the armed
2. By express renunciation of citizenship forces of a foreign country.
3. By subscribing an oath of allegiance to support the
constitution or laws of a foreign country upon
attaining twenty-one years of age or more Whatever doubt that remained regarding his loss of Philippine
4. By accepting commission in the military, naval, or air citizenship was erased by his naturalization as a U.S. citizen in
service of a foreign country 1990, in connection with his service in the U.S. Marine Corps.
5. By cancellation of the certificate of naturalization
So pag mag apply ka ug naturalization you
are subject to certain condition. So if you In 1994, Cruz reacquired his Philippine citizenship through
violate these condition boom.. pwde I repatriation under RA 2630 [(An Act Providing for Reacquisition
cancel ang imung certificate of of Philippine Citizenship by Persons Who Lost Such Citizenship
naturalization. by Rendering Service To, or Accepting Commission In, the
6. By having been declared by competent authority, a Armed Forces of the United States (1960)]. He ran for and was
deserter of the Philippine armed forces in time of war, elected as the Representative of the 2nd District of Pangasinan
unless subsequently a plenary pardon or amnesty has in the 1998 elections. He won over petitioner Bengson who was
been granted then running for reelection.

YU VS DEFENSOR SANTIAGO
So here involves a portugues. Subsequently, petitioner filed a case for Quo Warranto Ad
Cautelam with respondent HRET claiming that Cruz was not
FACTS: In the case at bar, herein petitioner, despite his qualified to become a member of the HOR since he is not a
naturalization as a Philippine citizen, applied and renewed his natural-born citizen as required under Article VI, section 6 of
Portuguese passport. Moreover, while still a citizen of the the Constitution.
Philippines, petitioner also declared his nationality as HRET rendered its decision dismissing the petition for quo
Portuguese in commercial documents he signed. warranto and declaring Cruz the duly elected Representative in
the said election.
ISSUE: Whether or not the acts of applying for a foreign
passport and declaration of foreign nationality in commercial
documents, constitute an express renunciation of ones ISSUE: WON Cruz, a natural-born Filipino who became an
Philippine citizenship acquired through naturalization. American citizen, can still be considered a natural-born Filipino
upon his reacquisition of Philippine citizenship.
HELD: Yes, the foregoing acts considered together constitute HELD: petition dismissed
an express renunciation of petitioners Philippine citizenship YES
acquired through naturalization. In a related jurisprudence, Filipino citizens who have lost their citizenship may however
express renunciation was held to mean a renunciation that is reacquire the same in the manner provided by law. C.A. No. 63
made known distinctly and explicitly and not left to inference enumerates the 3 modes by which Philippine citizenship may
or implication. So here he reacquired his status as Portuguese be reacquired by a former citizen:
citizenship

3 ways how to acquired citizenship 1. by naturalization,


1. Direct act of congress- story of andre blanche 2. by repatriation, and
2. By naturalization take oath of allegiance in the 3. by direct act of Congress.
public **
3. By repatriation- original citizenship is discovered ..
ang makahatag sa akua sa case kay nay 5 points. So
here her was restored to his status as natural born
Filipino citizenship
11
Conflict of Laws Atty Tirso S. Lasay Arafol/Aribal

Repatriation may be had under various statutes by those who 4. The applicant must have received his/her primary and
lost their citizenship due to: secondary education in any public school or private
education institution duly recognized by the DECS, where
Philippine history, government, and civics are taught and
1. desertion of the armed forces; prescribed as part of the school curriculum and where
2. services in the armed forces of the allied forces in enrollment is not limited to any race or nationality:
World War II; Provided, that should he/she have minor children of school
3. service in the Armed Forces of the United States at age, he/she must have enrolled them in similar schools.
any other time, 5. The applicant must have a known trade, business,
4. marriage of a Filipino woman to an alien; and profession, or lawful occupation, from which he/she
5. political economic necessity derives income sufficient for his/her support and if he/she
is married and/or has dependents, also that of his/her
Repatriation results in the recovery of the original nationality family: Provided, however, that this shall not apply to
This means that a naturalized Filipino who lost his citizenship applicants who are college degree holders but are unable
will be restored to his prior status as a naturalized Filipino to practice their profession because they are disqualified
citizen. On the other hand, if he was originally a natural-born to do so by reason of their citizenship
citizen before he lost his Philippine citizenship, he will be 6. The applicant must be able to read, write, and speak
restored to his former status as a natural-born Filipino. Filipino or any of the dialects of the Philippines, and
7. The applicant must have mingled with the Filipinos and
evinced a sincere desire to learn and embrace the
R.A. No. 2630 provides: customs, traditions, and ideals of the Filipino people
Sec 1. Any person who had lost his Philippine citizenship by
rendering service to, or accepting commission in, the Armed
Forces of the United States, or after separation from the GROUND FOR CANCELLATION
Armed Forces of the United States, acquired United States
citizenship, may reacquire Philippine citizenship by taking an 1. Made any false statement or misrepresentation or
oath of allegiance to the Republic of the Philippines and commtted any violaton of law, rules or regulation in
registering the same with Local Civil Registry in the place connecton wth the pettion for naturalzaton
where he resides or last resided in the Philippines. The said 2. Wthin 5 years next following the grant of Philippine
oath of allegiance shall contain a renunciation of any other Citizenship establiehd ppermnanet residence in a
citizenship. foregn country- covers the wfe and children as well;
3. Allowed himself to be used as a dummy n violaton of
any constitutional or legal provision requiring PH
Having thus taken the required oath of allegiance to the citzenshpp- covers wfe and children;
Republic and having registered the same in the Civil Registry 4. Committed any act inimical to national security-
of Magantarem, Pangasinan in accordance with the aforecited covers wfe and children.
provision, Cruz is deemed to have recovered his original status
as a natural-born citizen, a status which he acquired at birth as
the son of a Filipino father. It bears stressing that the act of DOMICILIARY THEORY
repatriation allows him to recover, or return to, his original
status before he lost his Philippine citizenship. Domiciliary theory
It is the theory whereby the status, condition, family rights and
obligations, and capacity of a person are governed by the law
of his domicile or the lex domicilii
3 MODES OF NATURALIZATION
1. Administrative naturalization ; Principles regarding ones domicile of choice
2. Judical Naturalization unsa mani? Muo ning 1. No person can ever be without a domicile or every
magpasa ka sa court ug requirement. Story of Bobby natural person must have a domicile
park ( Sorry sir, Sandara Park lang akuang nailhan) ; 2. A person cannot have two simultaneous domiciles
3. Legislative naturalization 3. A natural person, free (not a prisoner) and sui juris
(one of age and under no disability), can change his
domicile at pleasure
QUALIFICATION FOR ADMINISTRATIVE NATURALIZATION ( RA 4. A domicile, once acquired, is retained until a new one
9139- ADMINSTRATIVE NATURALIZATION OF 2000) is gained
5. The presumption being in favor of the continuance of
1. The applicant must be born in the Philippines and residing an existing domicile, the burden of proof is on the one
therein since birth who alleges that a change of domicile has taken place
2. The applicant must not be less than 18 years of age, at 6. To acquire a new domicile of choice, the following
the time of filing of his/her petition must concur:
3. The applicant must be of good moral character and (1) Residence or bodily presence in the new
believes in the underlying principles of the Constitution locality
and must have conducted himself/herself in a proper and (2) An intention to remain there (animus
irreproachable manner during his/her entire period of manendi) and
residence in the Philippines in relation with the duly (3) An intention not to return to the former
constituted government as well as with the community in abode (animus non revertendi)
which he/she is living

12
Conflict of Laws Atty Tirso S. Lasay Arafol/Aribal

- No person Shall be without a domicle Son in the Philippines, the law that determines who
- A Person cannot have two simultaneous domiciles- to are its citizens is found in the constitution.
establish a connecton between the person and a
definte legal system
- The burden of provng a change of domcile is upon Article IV. Section I. The following are citizens of
the Philippines:
whoever alleges that a change has been secured

To effect a change in dommicle: 1. Those who are citizens of the Philippines


- Actual removal from domicile at the time of the adoption of this
- Bona Fide intention of abandoning the former place of Constitution;
residence and estbalishn a new one; 2. Those whose fathers or mothers are
- Acts whch correspond with purpose. citizens of the Philippines;
3. Those born before January 17, 1973, of
Filipino mothers, who elect Philippine
Different kinds of domicile Citizenship upon reaching the age of
1. Domicile of origin: The domicile assigned by law to majority; and
a person at the moment of his birth 4. Those who are naturalized in the
a. at brth, remans until replaced by domicile of accordance with law.
choice
2. Constructive domicile or domicile by operation
We also learned that there are two modes of acquiring
of law: The domicile assigned by law to a person after
Filipino Citizenship:
birth on account of a legal disability, like minority,
insanity, imprisonment, etc.
a. According to sir: assigned to a persons 1. By blood (Jus sanguinis),and
legally incapable of choosing their own 2. By soil (Jus Soli)
domicile
3. Domicile of choice: The domicile of a person sui juris We also discussed dual citizenship. What is the status
because he has his home there and to which, of a person if he is a citizen of two or more countries at the
whenever absent, he intends to return same time?
a. According to sir: freely chosen by a person (
animo manendi, animo revertendi)
Who are dual Citizens?

END OF NOTES 1. Those who are born with Filipino fathers


and/or Mothers in a foreign country that is
following the principle of jus soli.
2. Those who are born in the Philippines, to a
AUGUST 1 2017 Filipino Mother and alien fathers, who by the
law of his country such children are citizen of
PART 1- DAVEAU ARIBAL that country.
3. Those who marry aliens if by the laws of the
Conflicts of law latters country the former are considered
citizens, unless by their act or omission they
August 1 2017 are deemed to have renounced Philippine
Citizenship.
Recap 4. Those who retained or reacquired their
Philippine Citizenship under RA 9225 after
Last time we discussed personal law,specifically having been naturalized in a foreign country.
citizenship or the lex nationali.

So as we have discussed over and over again, We discussed the case of Manzano
personal law governs the civil status, family rights and duties,
laws on succession and capacity to succeed. Mercado v. Manzano Case Digest [G.R. No. 135083.
May 26, 1999]
Art. 15. Laws relating to family rights and
duties, or to the status, condition and legal FACTS:
capacity of persons are binding upon citizens of
the Philippines, even though living abroad. Petitioner Ernesto Mercado and Eduardo
Manzano were both candidates for Vice-Mayor of
Privates rights should not be determined by his Makati in the May 11, 1998 elections.
physical location but by his political allegiance. It is for each
state to determine who are it nationals. Based on the results of the election, Manzano
garnered the highest number of votes. However, his
It also defines it citizenship and status of a citizens of proclamation was suspended due to the pending
a state who, owns allegiance to the state and is entitled to its petition for disqualification filed by Ernesto Mercado
protection and enjoyment of civil and political rights. on the ground that he was not a citizen of the
Philippines but of the United States.

13
Conflict of Laws Atty Tirso S. Lasay Arafol/Aribal

Filipino citizen; that he is not a permanent resident or


From the facts presented, it appears that immigrant of another country; that he will defend and
Manzano is both a Filipino and a US citizen. support the Constitution of the Philippines and bear
true faith and allegiance thereto and that he does so
The Commission on Elections declared Manzano without mental reservation, private respondent has,
disqualified as candidate for said elective position. as far as the laws of this country are concerned,
effectively repudiated his American citizenship and
However, in a subsequent resolution of the anything which he may have said before as a dual
COMELEC en banc, the disqualification of the citizen.
respondent was reversed. Respondent was held to
have renounced his US citizenship when he attained On the other hand, private respondents oath
the age of majority and registered himself as a voter of allegiance to the Philippines, when considered with
in the elections of 1992, 1995 and 1998. the fact that he has spent his youth and adulthood,
received his education, practiced his profession as an
Manzano was eventually proclaimed as the Vice- artist, and taken part in past elections in this country,
Mayor of Makati City on August 31, 1998. leaves no doubt of his election of Philippine
citizenship.
Thus the present petition.
In Yu v. Defensor-Santiago, the court
sustained the denial of entry into the country of
ISSUE: petitioner on the ground that, after taking his oath as
a naturalized citizen, he applied for the renewal of his
Whether or not a dual citizen is disqualified to Portuguese passport and declared in commercial
hold public elective office in the philippines. documents executed abroad that he was a Portuguese
national. A similar sanction can be taken against any
one who, in electing Philippine citizenship, renounces
RULING: his foreign nationality, but subsequently does some
act constituting renunciation of his Philippine
The court ruled that the phrase "dual citizenship.
citizenship" in R.A. 7160 Sec. 40 (d) and R.A. 7854
Sec. 20 must be understood as referring to dual The petition for certiorari is DISMISSED for
allegiance. Dual citizenship is different from dual lack of merit.
allegiance. The former arises when, as a result of the
application of the different laws of two or more states,
a person is simultaneously considered a national by We also discussed how Philippines is Lost (refer to the
notes given.)
the said states. Dual allegiance on the other hand,
refers to a situation in which a person simultaneously
owes, by some positive act, loyalty to two or more In relation to No. 3. Why would you loss you citizenship
states. While dual citizenship is involuntary, dual when you subscribe an oath of allegiance to another state? How
allegiance is a result of an individual's volition. Article different is it from marrying a foreigner? (refer to the case of
IV Sec. 5 of the Constitution provides "Dual allegiance Mercado V. Manzano)
of citizens is inimical to the national interest and shall
be dealt with by law."
Also, we had the Three modes of Naturalization:
Consequently, persons with mere dual
citizenship do not fall under this disqualification. 1. Administrative naturalization
Unlike those with dual allegiance, who must, 2. Judicial naturalization
therefore, be subject to strict process with respect to 3. Legislative naturalization
the termination of their status, for candidates with
dual citizenship, it should suffice if, upon the filing of Qualification of Administrative Naturalization (refer to
their certificates of candidacy, they elect Philippine the notes given.)
citizenship to terminate their status as persons with
dual citizenship considering that their condition is the
unavoidable consequence of conflicting laws of Grounds for cancellation (refer to the notes given.)
different states.
Naturalization, remember this is not a right but a
By electing Philippine citizenship, such privilege.
candidates at the same time forswear allegiance to
the other country of which they are also citizens and
thereby terminate their status as dual citizens. . Okay, so now we will discussed Lex Domicilii or the
Domiciliary Principle.

The court ruled that the filing of certificate of The law provides that no person shall be without a
candidacy of respondent sufficed to renounce his domicile.
American citizenship, effectively removing any
disqualification he might have as a dual citizen. By
declaring in his certificate of candidacy that he is a

14
Conflict of Laws Atty Tirso S. Lasay Arafol/Aribal

A person cannot have two simultaneous domiciles? Residence- Pertains to mere physical presence. It is
Why is that? - To establish a connection between the person only the first element of an individual. It is use to determine
and a legal system. the place of abode whether permanent or temporary

It is very important to know the domicile of person, Domicile- There is an intention to remain, more than
because certain controversies require the adherence to or physical presence.
application of the law of the domiciliary.

Who has the burden of proving a change of domicile?


It is upon whoever alleges that a change has been secured.
Rumualdez v. Marcos.

Rulling: Imelda was a resident of the First District of Leyte for


election purposes, and therefore possessed the necessary
So, remember that in lex domicilii, the law that residence qualifications to run in Leyte as a candidate for a seat
governs is the place of domicile. in the House of Representatives for the following reasons:

What is Domicile? It is a place of Habitual residence.


It is a place to which whenever absent for business, of a. Minor follows the domicile of his parents. As domicile, once
pleasure, one intends to returns. acquired is retained until a new one is gained, it follows that in
spite of the fact of petitioner's being born in Manila, Tacloban,
Leyte was her domicile of origin by operation of law. This
Elements of Domicile:
domicile was established when her father brought his family
back to Leyte.
1. Presence. Physical Presence.
2. animo manendi or intention to return b. Domicile of origin is not easily lost. To successfully effect a
permanently. change of domicile, one must demonstrate:

1. An actual removal or an actual change of domicile;


Remember, that is the law of forum that determines
the standard of domicile. So the law of the forum governs the
2. A bona fide intention of abandoning the former place of
standard of domicile.
residence and establishing a new one; and

So again, a forum is the court where the controversy 3. Acts which correspond with the purpose.
if filed.
In the absence of clear and positive proof based on
Now, we go to the kinds of Domicile. these criteria, the residence of origin should be deemed to
continue. Only with evidence showing concurrence of all
three requirements can the presumption of continuity or
Kinds of Domicile: residence be rebutted, for a change of residence requires an
actual and deliberate abandonment, and one cannot have two
1. Domicile of Origin legal residences at the same time. Petitioner held various
2. Domicile of Choice residences for different purposes during the last four decades.
3. Constructive Domicile or by operation by law. None of these purposes unequivocally point to an intention to
abandon her domicile of origin in Tacloban, Leyte.
Rules regarding Domicile. c. It cannot be correctly argued that petitioner lost her domicile
of origin by operation of law as a result of her marriage to the
1. A man has domicile somewhere. late President Ferdinand E. Marcos in 1952. A wife does not
2. A domicile once established remains until a new automatically gain the husbands domicile. What petitioner
one is acquired. gained upon marriage was actual residence. She did not lose
3. A man can have but one domicile at a time. her domicile of origin. The term residence may mean one thing
in civil law (or under the Civil Code) and quite another thing in
political law. What stands clear is that insofar as the Civil Code
How is a Domicile acquired?
is concerned-affecting the rights and obligations of husband
and wife the term residence should only be interpreted to
1. Actual removal from domicile mean "actual residence." The inescapable conclusion derived
2. Bona fide intention of abandoning the former from this unambiguous civil law delineation therefore, is that
place of residence and establishing a new one when petitioner married the former President in 1954, she kept
3. Acts which correspond with purpose her domicile of origin and merely gained a new home, not a
domicilium necessarium.
All elements must be proved to in order to rebut the
d. Even assuming for the sake of argument that petitioner
presumption of continuity of domicile.
gained a new "domicile" after her marriage and only acquired
a right to choose a new one after her husband died, petitioner's
How do you differentiate Domicile from residence? acts following her return to the country clearly indicate that she

15
Conflict of Laws Atty Tirso S. Lasay Arafol/Aribal

not only impliedly but expressly chose her domicile of origin Nonetheless, a corporation formed in one-state may, for
(assuming this was lost by operation of law) as her domicile. certain purposes, be regarded a resident in another state in
This "choice" was unequivocally expressed in her letters to the which it has offices and transacts business. HOW? By having
Chairman of the PCGG when petitioner sought the PCGG's business in one state or branch.
permission to "rehabilitate (our) ancestral house in Tacloban
and Farm in Olot, Leyte ... to make them livable for the Marcos
In as much as SHARP was admittedly doing business in Japan
family to have a home in our homeland." Furthermore,
through its four duly registered branches at the time the
petitioner obtained her residence certificate in 1992 in
collection suit against it was filed, then in the light of the
Tacloban, Leyte, while living in her brother's house, an act
processual presumption, SHARP may be deemed a resident of
which supports the domiciliary intention clearly manifested in
Japan, and, as such, was amenable to the jurisdiction of the
her letters to the PCGG Chairman.
courts therein and may be deemed to have assented to the said
courts' lawful methods of serving process.

(Romualdez-Marcos vs Comelec, G.R. No. 119976, September


18, 1995) Ana ang SC na since you are doing business in japan sharp,
you are a resdent of japan. Being so, Japanese courts have
acquired jurisdiction over you.. ( THIS WILL COME IN YOUR
PART II EXAM NEXT WEEK) YOUR EXAM IS FROM THE START UNTIL
DOMICILIARY THEORY
Lets discuss the domicile of a corporation

Remember kung asa sya domilce, muo nan a law of the forum
ang mag apply. Pareha lang gihapon na sya sa corporation. The
law said that pag domestic corporation na sya, the domicle is CHOICE OF LAW ON JURISDICTION TREATED AS CHOICE OF
where the principal office is located as stated in the articles of VENUE
incorporation. Pag foreign corporation, the law creating the
foreign corporation, naa pud ditto ang iyang domicile.
HSBSC vs. Sherman, G.R. No. 72494, Aug. 11, 1989

Ex, HSBC, domicile in China, pero naa sya banks dri sa PH. Muo
na ni sya ang meaning sa residence in one place and domicile FACTS:
in another place.
A Singaporean company applied with and was granted by the
Lets discuss this case Singapore branch of HSBC an overdraft facility, secured by a
Joint and Several Guarantee executed by the formers
directors (Filipino residents). In the Guarantee, there is a
NORTHWEST ORENT AIRLINE VS CA clause stipulating that jurisdiction over any dispute arising
from the transaction is vested with the Singaporean courts.
Northwest is a US corporation. SHARP a PH corporation. SHARP When the Singaporean company defaulted, HSBC filed suit
and Nortwest , they all have a branch in japan. What we have against the directors in the Philippines.
learned earlier, if a foreign corporation has a branch in a
particular country, that is a resident of such country. They ISSUE: Whether or not the choice of law clause should
entered into an agreement wherein the former authorizes the be upheld
other to sell his tickets. Ana si Norwest sharp tabangi ko baligay
sa ticket. Sus kaning si northwest wla man niya gerimit ang HELD:
halin. So Norwest filed a case agant sharp in Japan. Because
Sharp is a PH corporation, the manager or the person who are Jurisdiction, which finds its source in sovereignty, cannot be
authorize to recived summons is the PH. For some reason wla bargained away by the parties. The State can assume
sya nakabalo na naa diay case filed in japan. So the summons jurisdiction when there is a reasonable basis of exercising it.
was not served to sharp and it failed to attend the hearing To be reasonable, the jurisdiction must be based on some
japan. There is now a judgment favorable to northwest and minimum contacts that will not offend traditional notions on
northwest filed a case in PH for the enforcement of a foreign fair play and substantial justice.
judgment. SHARP now question the jurisdiction, alleging walay
jusrdiction. In the present case, the minimum contact considered is the
Philippine residence of the private respondents. In assuming
jurisdiction, SC held that the parties did not stipulate that
ISSUE: WON Japanese courts acquired jurisdiction over the only the courts of Singapore, to the exclusion of all the rest,
person of the defendant has jurisdiction.

SC held: domicle of the corporation belongs to the state where (Because jurisdiction cannot be stipulated upon, the choice of
the corporation was incorporated, in the case the PH. The jurisdiction was treated as a choice of venue. And applying
domicile of a corporation belongs to the state where it was thus, the choice of venue is only permissive, in the absence of
incorporated. 24 In a strict technical sense, such domicile as a restrictive words to lend exclusivity to the chosen forum.)
corporation may have is single in its essence and a corporation
can have only one domicile which is the state of its creation. (
pareha lang sa tao, only one domicile, so here the domicile in
PH)

16
Conflict of Laws Atty Tirso S. Lasay Arafol/Aribal

NOTA BENE: (2) the seat of a legal or juridical person, such as


a corporation;
When faced with a case that potentially involves the
application of Conflict of Laws principles: (3) the situs of a thing, that is, the place where a
1. First, determine jurisdiction of the forum thing is, or is deemed to be situated. In particular,
the lex situs is decisive when real rights are
o No jurisdiction - dismiss involved;
o Has jurisdiction but refuse to exercise it (forum non
(4) the place where an act has been done,
conveniens)
the locus actus, such as the place where a
o Has jurisdiction and exercises it - move to second step contract has been made, a marriage
2. Second, determine the foreign element/s involved (factual) celebrated, a will signed or a tort
committed. The lex loci actus is particularly
o No foreign element - apply local law important in contracts and torts;
o Has foreign element - move to third step
3. Third, determine existence of conflict of laws (5) the place where an act is intended to come
into effect, e.g., the place of performance of
o No conflict - apply foreign or local law, as case may be contractual duties, or the place where a power of
o Has conflict - move to fourth step attorney is to be exercised;
4. Fourth, determine choice of law (law applicable)
(6) the intention of the contracting parties as to
o Local law the law that should govern their agreement,
o Foreign law the lex loci intentionis;

(7) the place where judicial or administrative


SC DECIOSION IN SAUDI ARAABIA VS MORADA CASE
proceedings are instituted or done. The lex forithe
Clearly, petitioner had submitted to the jurisdiction of the law of the forumis particularly important because,
Regional Trial Court of Quezon City. Thus, we find that the trial as we have seen earlier, matters of procedure not
court has jurisdiction over the case and that its exercise going to the substance of the claim involved are
thereof, justified. governed by it; and because the lex fori applies
whenever the content of the otherwise applicable
As to the choice of applicable law, we note that choice-of- foreign law is excluded from application in a given
law problems seek to answer two important case for the reason that it falls under one of the
questions: (1) What legal system should control a given exceptions to the applications of foreign law; and
situation where some of the significant facts occurred in two or
more states; and (2) to what extent should the chosen legal (8) the flag of a ship, which in many cases is
system regulate the situation.[53] decisive of practically all legal relationships of the
ship and of its master or owner as such. It also
Several theories have been propounded in order to covers contractual relationships particularly
identify the legal system that should ultimately contracts of affreightment.[60] (Underscoring ours.)
control. Although ideally, all choice-of-law theories should
intrinsically advance both notions of justice and predictability, After a careful study of the pleadings on record, including
they do not always do so. The forum is then faced with the allegations in the Amended Complaint deemed submitted for
problem of deciding which of these two important values should purposes of the motion to dismiss, we are convinced that there
be stressed.[54] is reasonable basis for private respondents assertion that
although she was already working in Manila, petitioner brought
Before a choice can be made, it is necessary for us to her to Jeddah on the pretense that she would merely testify in
determine under what category a certain set of facts or rules an investigation of the charges she made against the two
fall. This process is known as characterization, or the doctrine SAUDIA crew members for the attack on her person while they
of qualification. It is the process of deciding whether or not the were in Jakarta. As it turned out, she was the one made to face
facts relate to the kind of question specified in a conflicts trial for very serious charges, including adultery and violation
rule.[55] The purpose of characterization is to enable the forum of Islamic laws and tradition.
to select the proper law.[56]
There is likewise logical basis on record for the claim that
Our starting point of analysis here is not a legal relation, the handing over or turning over of the person of private
but a factual situation, event, or operative fact.[57] An essential respondent to Jeddah officials, petitioner may have acted
element of conflict rules is the indication of a test or connecting beyond its duties as employer. Petitioners purported act
factor or point of contact. Choice-of-law rules invariably consist contributed to and amplified or even proximately caused
of a factual relationship (such as property right, contract claim) additional humiliation, misery and suffering of private
and a connecting factor or point of contact, such as the situs of respondent. Petitioner thereby allegedly facilitated the arrest,
the res, the place of celebration, the place of performance, or detention and prosecution of private respondent under the
the place of wrongdoing.[58] guise of petitioners authority as employer, taking advantage of
the trust, confidence and faith she reposed upon it. As
Note that one or more circumstances may be present to purportedly found by the Prince of Makkah, the alleged
serve as the possible test for the determination of the conviction and imprisonment of private respondent was
applicable law.[59] These test factors or points of contact or wrongful. But these capped the injury or harm allegedly
connecting factors could be any of the following: inflicted upon her person and reputation, for which petitioner
could be liable as claimed, to provide compensation or redress
(1) The nationality of a person, his domicile, his
for the wrongs done, once duly proven.
residence, his place of sojourn, or his origin;
17
Conflict of Laws Atty Tirso S. Lasay Arafol/Aribal

Considering that the complaint in the court a quo is one of the Civil Code of the Philippines. In her Amended Complaint
involving torts, the connecting factor or point of contact could and subsequent pleadings she never alleged that Saudi law
be the place or places where the tortious conduct or lex loci should govern this case.[65] And as correctly held by the
actus occurred. And applying the torts principle in a conflicts respondent appellate court, considering that it was the
case, we find that the Philippines could be said as a situs of the petitioner who was invoking the applicability of the law of Saudi
tort (the place where the alleged tortious conduct took Arabia, thus the burden was on it [petitioner] to plead and to
place). This is because it is in the Philippines where petitioner establish what the law of Saudi Arabia is.[66]
allegedly deceived private respondent, a Filipina residing and
working here. According to her, she had honestly believed that Lastly, no error could be imputed to the respondent
petitioner would, in the exercise of its rights and in the appellate court in upholding the trial courts denial of
performance of its duties, act with justice, give her her due and defendants (herein petitioners) motion to dismiss the case. Not
observe honesty and good faith. Instead, petitioner failed to only was jurisdiction in order and venue properly laid, but
protect her, she claimed. That certain acts or parts of the injury appeal after trial was obviously available, and the expeditious
allegedly occurred in another country is of no moment. For in trial itself indicated by the nature of the case at
our view what is important here is the place where the over-all hand.Indubitably, the Philippines is the state intimately
harm or the fatality of the alleged injury to the person, concerned with the ultimate outcome of the case below not just
reputation, social standing and human rights of complainant, for the benefit of all the litigants, but also for the vindication of
had lodged, according to the plaintiff below (herein private the countrys system of law and justice in a transnational
respondent). All told, it is not without basis to identify the setting. With these guidelines in mind, the trial court must
Philippines as the situs of the alleged tort. proceed to try and adjudge the case in the light of relevant
Philippine law, with due consideration of the foreign element or
Moreover, with the widespread criticism of the traditional elements involved. Nothing said herein, of course, should be
rule of lex loci delicti commissi, modern theories and rules on construed as prejudging the results of the case in any manner
tort liability[61] have been advanced to offer fresh judicial whatsoever.
approaches to arrive at just results. In keeping abreast with
the modern theories on tort liability, we find here an occasion WHEREFORE, the instant petition for certiorari is hereby
to apply the State of the most significant relationship rule, DISMISSED. Civil Case No. Q-93-18394 entitled Milagros P.
which in our view should be appropriate to apply now, given Morada vs. Saudi Arabia Airlines is hereby REMANDED to
the factual context of this case. Regional Trial Court of Quezon City, Branch 89 for further
proceedings.
In applying said principle to determine the State which
has the most significant relationship, the following contacts are SO ORDERED.
to be taken into account and evaluated according to their
relative importance with respect to the particular issue: (a) the
place where the injury occurred; (b) the place where the
conduct causing the injury occurred; (c) the domicile,
residence, nationality, place of incorporation and place of
business of the parties, and (d) the place where the
relationship, if any, between the parties is centered.[62]

As already discussed, there is basis for the claim that


over-all injury occurred and lodged in the Philippines. There is
likewise no question that private respondent is a resident
Filipina national, working with petitioner, a resident foreign
corporation engaged here in the business of international air
carriage. Thus, the relationship between the parties was
centered here, although it should be stressed that this suit is
not based on mere labor law violations. From the record, the
claim that the Philippines has the most significant contact with
the matter in this dispute,[63] raised by private respondent as
plaintiff below against defendant (herein petitioner), in our
view, has been properly established.

Prescinding from this premise that the Philippines is


the situs of the tort complaint of and the place having the most
interest in the problem, we find, by way of recapitulation, that
the Philippine law on tort liability should have paramount
application to and control in the resolution of the legal issues
arising out of this case. Further, we hold that the respondent
Regional Trial Court has jurisdiction over the parties and the
subject matter of the complaint; the appropriate venue is in
Quezon City, which could properly apply Philippine
law. Moreover, we find untenable petitioners insistence that
[s]ince private respondent instituted this suit, she has the
burden of pleading and proving the applicable Saudi law on the
matter.[64] As aptly said by private respondent, she has no
obligation to plead and prove the law of the Kingdom of Saudi
Arabia since her cause of action is based on Articles 19 and 21

18