CONFLICT OF LAWS FINALS NOTES

Contracts subject to stipulation (unless in the same jurisdiction)

But: the stipulation will NOT be respected if it is violative of a
fundamental policy of the state with a materially greater interest
than the chosen state

contract was
made
Execution
Interpretation
Validity
Nature of the
contract
Obligations
created

Convention on the Law Applicable to Contractual Obligations,

Rome Convention of 1980 - provides universally accepted rules
and enunciates customary law. E.g. a contract is to be governed
by the law chosen by the parties

Note: true even if

the locus
contractus !=
locus performae

Stipulation must be either

1. express
2. demonstrated with reasonable certainty (based on the
term of the contract or the circumstances of the case)
If no express or implied choice of law, the law of the country with
which it is most clearly connected applies

Note: capacity of the parties is generally governed by national

law
Paras: Frank should have been decided based on the defendants
national law, which is the same as the law of the place where the
contract was made (hence the same result)

Implied

Cadalin v. POEA Cadalin, et al. brought suit on a contract of

employment that made applicable the laws of Bahrain. The
contracts where signed in the Philippines. Issue: What was the
applicable law defining the prescriptive period for the action, NCC
Art. 1144 (10 years), Labor Code Art. 291 (3 years) or Amiri
Decree No. 23 (Bahrain, 1 year). Held: LCs 3 years.

Coverage: Contracts, Marriage, Property, Torts and Crimes, Family

(?)

stipulation inferred from such factors as:

substantial connection with the transaction
nationality of the parties
domicile of the parties

Two requirements for stipulation:

1. choice is not contrary to law, morals or public policy
2. chosen law must bear a substantive relationship to the
transaction
What if there is an absence of an effective choice of law, whether
express or implies, what law will govern? With respect to the
particular issue involved, by the law which has the closest and
most substantial connection with the transaction and the parties.
If the selected law changes (or its interpretation changes), the
new law should apply, EXCEPT if the change is so revolutionary
and radical that it could not have been contemplated by the
parties.
Decepage/scission subjecting different parts of a contract to
different jurisdictions (allowed by the convention)
Validity as to form
Same country
Lex loci celebrationis

Different countries
Applicable law or the law of
either of the countries where
the parties are

Note: capacity to contract is excluded from the convention

Intrinsic validity consideration, cause, interpretation of
instruments, nature of damages for breach/nonperformance)
Note: NCC has no specific provision
Art. 1306: give effect to the intention of the parties, i.e. parties
may bind themselves by stipulations, clauses, terms and
conditions as they may deem convenient, provided that these are
not contrary to law, morals, good customs, public order or public
policy
3 possible laws that may govern:
1. lex loci contractus (where the contract was entered
into/signed) [how about if only via email?]
2. lex loci solutionis (place of performance)
3. lex loci intentionis (law of the intention by the parties)
Insular v. Frank Frank entered into a contract with the Insular
Govt while in the U.S., but he refused to finish his service here in
the Philippines. Insular sued and won. Frank appealed,
contending that since he is a minor under Philippine law, the
contract is unenforceable. Held: Frank was qualified to enter into
a contract in the U.S.; he was not a minor there. Hence, he must
comply with the contract. (Frank was made to pay damages.)
Law of the place
where the

Law of the place

of performance

Law of the place

where suit was

brought
Performance
Includes: time,
place, manner of
performance; valid
excuses for nonperformance

Remedy: bringing
of a suit,
admissibility of
evidence, statutes
of limitation

Fundamental rule: foreign procedural law will NOT be applied by

the forum.
But: law on prescription is SUI GENERIS, neither substantive nor
procedural.
borrowing statute (Sec. 48, Code of Civil Procedure) treat a
foreign statute of limitations as one of substantive law (not
procedural law)
Under this borrowing statute, an action barred by the laws of the
place where it accrued will not be enforced in the forum even
though the local law has not run against it.
HOWEVER: even though (if?) Bahrains Amiri decree was the
applicable law, it could not be enforced since a one-year statute
of limitations violated a public policy of the forum-state: the
protection of the welfare of laborers and workers
In Cadalin, the court held that the law selected by the parties
would regulate the relations of the parties, including the
following:

questions of their capacity to enter into the contract

the formalities to be observed by them

matters of performance
Note: The law so chosen must bear some relationship to the
parties or to their transaction.
United Airlines v. CA If an airline ticket is issued in the
Philippines, the laws of the Philippines will govern the contract,
even if the flight takes place elsewhere. Note: is it necessary that
passengers are either residents or nationals?
Choice of Forum clause parties may stipulate as to venue. A
case arising from a contract will be litigated in the forum chosen
by the parties if the choice of forum clause specifically identifies
it as the only venue.
When NOT to give effect to the choice-of-forum clause:
1. there is fraud or overreach
2. choice would be unreasonable and unjust
Cognovit clause debtor agrees to be under the jurisdiction of a
specific legal system if he breaches the contract or defaults in his
payments, a.k.a. confession-of-judgment clause.
Contracts with arbitration clause courts should apply the law of
the place the parties have designated as governing
Adhesion contracts generally maintained by Philippine courts.
Except: there is an oppressive use of superior bargaining power.

Reason: No real arms-length transaction between the contracting

parties.
CISG if no express stipulation or clear suggestion of what law
governs the contract, sale is governed by the DOMESTIC LAW of
the VENDORs HABITUAL RESIDENCE at the time that he received
the order. If the order was received by an establishment of the
vendor, sale is governed by the domestic law of the country in
which the establishmetn is situated.
When the vendor himself or his agent receives the order in the
country of which the purchaser (the vendee) has his habitual
residence, the sale shall be governed by the domestic laws of
such country.

Contracts
Sales, barter,
lease of
property,
commodatum
Lease of
services,
mutuum

Extrinsic
Validity
Lex situs

Intrinsic
Validity
Lex situs

Capacity of
the Parties
Lex situs

Lex
celebrationis

Lex
celebrations/l
ex loci
intentionis
Lex loci
voluntatis/lex
loci
intentionis

National law

Lex situs

Lex situs

Agency, not
dealing with
conveyance
or
encumbering
or property
Agency
dealing with
conveyance
or
encumbering
or property
Pledge,
chattel
mortgage,
real
mortgage,
antichresis
Guaranty,
suretyship

Lex loci
celebrations

Common
carrier of
goods

Fixed situs of
the carrier

Lex situs

National law

Lex situs

Lex situs

Lex situs

Lex loci
celebrationis

Lex loci
voluntatis/lex
loci
intentionis
Fixed situs of
the carrier

National law

Transportation
Sea transport: Philippine ports
to foreign ports
Sea transport: Foreign ports to
Philippine ports
international carriage of
persons, baggage or goods
performed by aircraft for hire
International carriage of
persons and goods not covered
by Warsaw Convention (e.g,
mail and postal packages)
N.B. Warsaw Convention does
not apply to carriage of mail
and postal packages

2.
3.

destination
Date on which the aircraft
ought to have arrived
Date on which the
transportation stopped
Note: Method of counting the
period of limitation is
determined by the law of the
forum (lex fori)

Liability of carrier for loss, destruction and deterioration of goods

transported to the Philippines from a foreign country is governed
by the Civil Code and NOT by the Warsaw Convention.
The limit of liability for baggage lost is $1,000 and for death of
passenger is at $100,000. However, the parties may stipulate a
higher limit of liability.
The period of responsibility includes the time during which the
baggage or goods are in the charge of the carrier, whether in an
airport or in any place, whatsoever.

Fixed situs of
the carrier

Note: Liability
for loss,
destruction,
or
deterioration
of goods in
transitu law
of the
destination

1.

thereat
courts in the state of
the port of loading or
of discharge
5. courts of the state
where the vessel was
arrested
safeguarding the defendants
right to have the action
transferred to any of the
jurisdictions mentioned above
4.

COGSA
courts of the principal
place of business
courts of the habitual
residence of the
defendant
courts of the locus
contractus, provided
the defendant has a
place of business or at
least an agency

Note: Warsaw Convention does not operate as an exclusive

enumeration of instances when a carrier shall be liable for breach
of contract or as an absolute limit of the extent of liability nor
does it regulate or exclude liability for other breaches of contract
by the carrier, misconduct of its employees, or for some
particular or exceptional type of damage.
General rule: liability limited to $1,000 for lost baggage and
$100,000 for death of passenger
Exceptions: if damage resulted from an act or omission of the
carrier, his servants or agents done with intent to cause damage
or recklessly and with knowledge that damage would probably
result.
Note: the servant or agent is acting within the scope of the
employment
Each of the carrier who accepts the passengers or baggage shall
be subject to the rules set out in the convention and shall be
deemed as one of the contracting parties insofar as the contract
deals with that of the transportation which is performed under his
supervision.

Applicable law
Law of the country of
destination
Civil code primary law
Code of Commerce
COGSA
Warsaw Convention
Rule 1: stipulation
Rule 2: local law of the state
from which the passenger
departs or the goods are
dispatched
Except: with respect to some
particular issue, some other
State has a more significant
relationship to the contract and
to the parties
Warsaw Convention
1. domicile of the carrier
2. carriers principal of
business
3. place contract was
made
4. place of destination
Action will prescribe if not
brought within 2 years from:
Date of arrival at the

The passenger or representative can take action only against the

carrier who performed the transportation during which the
accident or delay occurred, unless by express agreement the first
carrier has assumed the responsibility for the entire journey.
(note this!)
Passenger
General rule: can take action
only against the carrier who
performed the transportation
during which the delay or
accident occured.
Except: first carrier has
assumed the responsibility for
the entire journey

Goods
Right of action against the first
carrier or the last carrier.
Carriers are jointly and
severally liable to the
passenger/consigner/consignee
.
The carriers may take action
against the carrier who was
responsible.

Atienza v. Philimare Shipping SC refused to apply Singaporean

law even if it affords Atienza higher benefits because the Crew
Agreement did not provide that Singaporean law would be
applied.
Norse Management v. National Seamen Board Employment
agreement: compensation would be paid according to Philippine
law or Singaporean law, whichever is higher. Held: It does not
follow that the law with the more beneficient provisions towards
the worker will be applied. The center of gravity will still be the
express contractual provision or at least a provision that
justifies the application of foreign law.
Some exercises (copied)

A contract power of attorney - entered into in Japan between a

Filipino and Japanese, what law will govern the formalities or
extrinsic validity? Japanese law (lex loci celebrationis or where
executed)

here
Mixed
marriages
here

immoral or universally considered incestuous.

It is the national law of the Filipino that should be
followed otherwise our public policy may be
militated against

A contract sale of property was entered into in Argentina

between a Chinese and a Filipino for a parcel of land located in
the Philippines, what law governs its formalities? Philippine law
(lexsitus)

Personal
rights and
obligations
between
husband and
wife

National law of the husband

If such contract is celebrated in the Philippine embassy or

consulate, what law governs formalities? Philippine law under
the principle of exterritoriality.
X and Y entered into a contract in Madrid, Spain wherein it was
agreed that X would construct for Y an apartment in Manila, the
consideration being Ys house and lot in SF, California. The laws
of what country/ies would govern the validity, performance and
consideration of the contract? Philippine law (lexsitus)
FAMILY RELATIONS
NCC: lex nationalii governs questions of family rights, duties,
status, conditions and capacity
Two aspects of marriage: CONTRACT, UNION/STATUS/LEGAL
RELATION
Marriage as a Contract
Extrinsic Validity
Intrinsic Validity
Lex loci celebrationis
Governed by parties personal
Lex locus regitactum law of
laws (either domiciliary or
the place where the act was
nationality)
done or performed
Void marriages in the Philippines, even if valid in the foreign
country where celebrated:

When either or both parties are below 18 years of age

even with parental consent;

Bigamous and polygamous marriages;

Mistake as to identity of a contracting party;

A subsequent marriage performed without recording in

the Civil Registry the annulment/declaration of nullity
judgment, partition and distribution of properties and
the delivery of the childrens presumptive legitimes;

Marriages where either spouse is psychologically

incapacitated

Incestuous marriages

Void marriages by reason of public policy

Proxy
marriages

Common law
marriages

Mixed
marriages
and Foreign
marriages
Marriage
between
foreigners

General rule: Where permitted by the law of the

place where the proxy participates in the
marriage ceremony, they are entitled to
recognition in countries adhering to lex loci
celebrationis rule, at least insofar as formal
validity is concerned.
Philippine rule: Internal Philippine law does not
sanction proxy marriages; but if celebrated in a
foreign state in accordance with the formalities
prescribed by its laws, it may be recognized in the
Philippines under the lex loci celebrationis rule.
If valid in the State where the parties cohabited
while holding themselves out as man and wife it
is given recognition in sister States, which do not
permit this informal method of entering into the
marital status.
Philippine rule: valid provided it is valid according
to their national law and according to the laws of
the place where the relationship began (Paras)
If marriage between foreigners is celebrated
validly abroad, the same will be recognized as
valid here in accordance with the principle of lex
loci celebrationis except if the marriage is:
Highly immoral (like bigamous and polygamous)
Universally considered incestuous
Their capacity to marry in this country shall be
governed by their national law (Art. 21, Family
Code) provided the marriage is not highly

Property
relations
between
husband and
wife
Note:
DOCTRINE
OF
IMMUTABILIT
Y OF
MATRIMONIA
L PROPERTY
REGIME
subsequent
change in
nationality
does not
affect
property
relations
between
spouses
Absolute
divorce

Exceptions:
If the national law of the husband violates the
public policy of the forum
The national law of the wife happens to be the
law of the forum, as it is intended to protect the
wifes rights
Effect of subsequent change of nationality
If both will have a new common nationality: the
new one
If only one will change: the last common
nationality
If there never was any common nationality: the
national law of the husband at the time of the
wedding
(a) internal law designated by the spouses before
the marriage;
(b) in the absence thereof, the internal law of the
state in which the spouses fix their 1st habitual
residence. (Hague Convention)
Art. 80, FC:
In the absence of a contrary stipulation in a
marriage settlement, the property relations of the
spouses shall be governed by Philippine laws,
regardless of the place of the celebration of the
marriage and their residence.
This rule shall not apply:
Where both spouses are aliens
With respect to the extrinsic validity of contracts
affecting property not situated in the Philippines
and executed in the country where the property is
located,
With respect to the extrinsic validity of contracts
entered into in the Philippines but affecting
property situated in a foreign country whose laws
require different formalities for their extrinsic
validity
National law of the spouses + law of the place
where the application for divorce is made
Rules on Divorce

Situation
Sought here, whether
by Filipinos or by
aliens or mix
Obtained abroad by
Filipinos
Obtained abroad
between foreigners
obtained abroad
between a Filipino
and a foreigner

Rules
Lex fori: not granted
Except: Muslim divorces
National law: not valid even if valid there
National law: if valid in the state granting
it and valid according to the national law
of the parties, it will be valid here
National law. Filipino spouse to remarry
in the event that the alien spouse
obtained a divorce (Art. 26, FC)

The Hague Convention on the Recognition of Divorce and

Legal Separation
A foreign divorce will be recognized in contracting states if, at the
date of the filing of the proceedings:

The petitioner or the respondent had his habitual

residence in the state where the divorce was obtained

If both spouses were nationals of said state

Although the petitioner was a national of another

country, he or she had his or her residence in the place
where the divorce was obtained.
Republic v. Iyoy (Sept 2005) Par. 2, Art. 26 of the Family Code
cannot be applied to a divorce obtained by a Filipino wife from
her Filipino husband while she was still a Filipino and therefore
governed by Philippine law which does not recognize divorce.

Republic v. Orbecido (Oct 2005) Even if the marriage is not a

mixed marriage, meaning both are Filipino citizens, at the time of
celebration of such marriage, if later on one of the spouses
becomes a citizen of another country and obtains a valid divorce
decree there, the spouse who did not change his/her citizenship
will be considered also divorced and free to remarry.
Grounds for legal separation = Grounds under national law of
husband + Grounds under national law of wife
In terms of adultery, concubinage, attempt by one spouse against
the life of the other national law of the parties
If of the same or common nationality national law governs
If of different nationalities the grounds given by both national
laws should all be considered proper grounds
Note: Residence requirement if suit is brought in the Philippines:
(a) If cause occurred in the Philippines no residence
requirement; (b) If cause occurred outside the Philippines one
year residence is required in our country (Art. 99, NCC)
ANNULMENT remedy if the marriage is voidable; grounds are
those provided for by the law alleged to have been violated
DECLARATION OF NULLITY remedy if the marriage is void ab
initio; grounds are the exceptions to the Lex Loci Celebrationis in
Art. 26 of the Family Code.
Jurisdiction to Annul vested in the court of the domicile of the
parties; jurisdiction over the non-resident defendant is nonessential; It is the status of the plaintiff that is in issue. He should
be domiciled in the forum
The Governing Law lex loci celebrationis determines the
consequences of any defect to form.
Philippine Rule: Since we follow the nationality theory, our courts
have jurisdiction over annulment and nullity suits in marriage in
cases of Filipino litigants.
A and B, both Japanese, got married in State X where sterility is a
ground for annulment of the marriage. May the marriage be
annulled in the Philippine courts on the ground of sterility on the
part of the husband?
Answer: ???
Two Filipinos are married by the Philippine Ambassador to the US
inside the Philippine consulate in Washington, D.C. In America, for
instance, the Ambassador is authorized to perform marriages.
Will such a marriage be given cognizance in the Philippines?
Philippine rule on real property
General rule: lex rei sitae
Exceptions:
1. successional rights and capacity to succeed national
law
2. contracts involving real property which HOWEVER do
NOT deal with title thereto - lex loci intentionis
3. principal contract is a loan (governed by law of the
contract) but security is real property [but the mortgage
contract itself is lex rei sitae]. Note: the validity one
contract is distinct from that of the other, although the
issues are related (?)
Conflict rules on personal property
General rule: The SITUS of movables is the place where the
chattel is kept and used. Not necessarily the domicile of the
owner.
The law of the situs governs and controls transfers, and W-O-N
title to personalty actually passes depends on the law of the state
where the property was at the time of the transaction, regardless
of the owners domicile or nationality.
Class
personalty
capable of
manual
delivery
shares of
stocks
Debt

Situs

Tangible Personal Property (Choses in Possession)

Lexreisitae (subject to exceptions like real
property)
Law of the flag. The situs of a ship is
determined by the flag it flies, thus, its situs is
the flag state.

General rule
Ship

OTHER
VEHICLES OR
CRAFT (cars or
airplanes)

The situs is wherever they come to rest, even if

temporarily.

Loss, destruction
and deterioration
Validity and effect
of the seizure of
goods
Disposition or
alienation of
goods

THINGS IN TRANSITU
Law of the destination (Art. 1753, CC {The
law of the country to which goods are to be
transported shall govern the liability of the
common carrier for their loss, destruction or
deterioration})
locus regitactum (where seized) the
temporary situs
Lex loci intentionis (contract)

Note: Our courts should decide whether to classify property as

realty or chattel using the law of the situs
Intangible Personal Property (Choses in Action)
Choses in action are really rights, legal titles or claims to
something (e.g., debts, patents, copyright, goodwill, trademarks
and shares of stock)
Two kinds:

those that are mere rights (e.g., right to collect from a

debtor;
those represented by a document.

Negotiable Instruments
law of the state that gives rise to the
WON negotiable or not
rights embodied in the instrument
WON instrument has
law of the place of the instrument at
been legally
the time of transfer, delivery or
negotiated, transferred
negotiation
or delivered
law of the state designated in the
Obligations of the
instrument as the place of payment
maker of a note and
acceptor of a draft
If no situs, where the instrument was
delivered
Query: S, a Filipino negotiates a PNB check to another Filipino, T,
on his way to the USA while on stopover at Narita Airport in
Japan. What law governs the validity of the negotiation of the
instrument?
Lim vs. CA, 251 SCRA 408 (1995) The place where bills were
written, signed or dated does not necessarily fix or determine the
place where they were executed. Delivery of the instrument is
the crucial consideration, because delivery of the instrument is
the final act essential to its consummation as an obligation. The
place of delivery is the LOCUS of the consummation of the
obligation.
Created by contract
judicial action is to be taken on
the debt
Taxation of debts
Administration of debts

Situs is as stipulated
where the debtor may be
effectively served with
summons
domicile of creditor
assets of debtor

where the chattel can be found

King Mau Wu vs. Sycip - W-O-N Philippine courts had jurisdiction

over a claim for a sum of money arising out of an agency contract
executed in New York?

with the president or managing agent of the

corporation
with the debtor or one who has in his
possession such credits or similar property

SC Ruled that Philippine courts had jurisdiction since the action

for a collection of a sum of money is a personal action. A nonresident may then sue a resident in the courts of the country

where such a defendant may be served with summons and his

property levied upon execution. The courts of the country may
enforce obligations arising out of contract, even if these contracts
be perfected abroad, as long as they are not contrary to the
public policy of the forum.
Shares of Stocks
relation between the
law of the state of
shareholder and the
incorporation
corporation
Effect on a corporation of the
law of the place of
sale of corporate shares
incorporation
Effect between the parties of
lex loci intentionis
the sale of corporate shares
Taxation on the dividends of
law of the place of
corporate shares
incorporation
Taxation on the income from
law of the place where the sale
the sale of corporate shares
was consummated
As to rights of assignor and
law with the most significant
assignee
relationship to the transaction
Franchises
Goodwill of a
business and
taxation thereon
Patents,
copyrights,
trademarks, trade
names

law of the place that granted them

law of the place where the business is
carried on
In the absence of a treaty, they are
protected only by the state that granted
them.
Note: Foreigners may sue for infringement
of trademarks and trade names in the
Philippines only if Filipinos are granted
reciprocal concessions in the state of
foreigners.

Exercises

If A, a Chinese national donated in Japan in favor of a

Filipino a parcel of land in Beijing. The law of which
country governs

The formalities of the donation? Lexreisitae

(Chinese Law)

The capacity of A to make the alienation?

Lexreisitae (Chinese Law). The doctrine of
national law under Article 15 yields precisely
because the subject matter is land.

The intrinsic validity of the donation?

Lexreisitae. The lex loci intentionis yields to the
lexreisitae since the subject matter is land.

A citizen of Greece died leaving parcels of land in the

Philippines. What law governs

The successional rights of the heirs: national

law of the decedent (Greek law), (Art. 16, par.
2)

The capacity of the Chinese heir (supposedly)

to inherit Philippine real property: law of the
decedent (Art. 1039)

What law governs the extrinsic and intrinsic validity of

an agreement between a German and Chinese
employee done in Manila where the salary of the
employee will be paid from 10% of the annual produce
of the land located in Japan?

Extrinsic: Phil law (law of the country where the

contract was celebrated)

Intrinsic: lex loci voluntatis.

A German, domiciled and found in HongKong, owes a

Filipino is Manila an amount of money. Where should the
Filipino sue for the recovery of the debt?

Hong Kong because the debtor is domiciled and

found there. If garnishment proceedings is
present, it should be where the debtor may be
effectively served with summons.
CHOICE OF LAW TORTS
What is the choice of law for torts? LEX LOCI DELICTI COMISSI or
law of the place where the alleged tort was committed.
Locus Delicti Theories:
1. Place of injury (Common law concept) looks to the
place where the last event necessary to make an actor

2.

3.

liable for an alleged tort occurs. It adheres to the vested

rights theory in that if the harm does not take place then
the tort is not completed.
Place of conduct (Civil law rule) views the situs of torts
as the place where the tortuous act was committed. This
is premised on the principle that the legality or illegality
of ones act should be determined by the law of the
state where he is at the time he does the act.
Most substantial connection theory (Theory of Dr. Rabel)
the locus delicti is determined by the place where the
important and substantial acts leading to the tortuous
act were committed.

THEORIES RELATING TO TORTS

OBLIGATION THEORY The tortuous act gives rise to an

obligation, which is transitory and follows the person
committing the tortuous act and may be enforced
wherever he may be found.
MODERN THEORIES IN DETERMINING LIABILITY FOR TORTS:
1. Theory of Most Significant Relationship An action for
tort may be filed in the country where it has the most
significant relationship. In determining the state which
has the most significant relationship, the following
factors are to be taken into account:
a) Place where the injury occurred;
b) Place of conduct causing the injury;
c) Domicile, residence, nationality, place of
incorporation and place of business of the
parties; and
d) Place where the relationship between the
parties is centered.
Gives controlling effect to the law of the jurisdiction which,
because of its relationship or contact with the occurrence or the
parties, has the greatest concern with the specific issue of the
case.
Saudi Arabian Airlines v. CA, GR 122191, 8 October 1999 (297
SCRA 469)

Under the rule of lex loci actus the tortuous conduct can
be said to have taken place in the Philippines because
it is in the Philippines where petitioner allegedly
deceived the private respondent, a Filipina residing and
working here. It is in this jurisdiction where the over-all
harm or the totality of the alleged injury to the person,
reputation, social standing and human rights of the
complainant had lodged. The court applied the factors
to determine the most significant relationship to the
case, i.e., the plaintiff is a Filipina working with the
defendant which, though a foreign corporation, is a
resident of the Philippines and the relationship was
centered here, she was employed in the Philippines.
Hence, the Philippines is the state with the most
significant relationship to the case.
2. The Interest-Analysis Approach
Considers the relevant concerns that two or more states
may have in the case. The State which has the more relevant and
weighty interests in the case should be considered the locus
delicti.
3. Qavers Principle of Preference
A higher standard of conduct and financial protection
given to the injured party by one State is applied by the State
where the injury happened, if the latter State adopts a lower
standard of conduct and financial protection to the injured.
KILBERG DOCTRINE

Where a wrongful death occurred in one state and the

action for damages is brought in another state, the latter
is not bound by any limitation of liability arising from the
wrongful death in the place by the law of the place
where the conduct causing death occurred concerning
limitations on damages.

Rationale: Laws that set limitations on damages are

procedural and, therefore, the law of the forum should
be applied. (Kilbergv. Northwest Airlines, Inc. 9 N.Y.2d
34, 211 N.Y.S.2d. 133, 172 N.E.2d 526)

MARITIME TORTS LEX LOCI DELICTI COMMISSII

tort is committed aboard a
law of the flag
public vessel, whether on
the high seas or in foreign
territorial waters
tort is committed aboard a
law of the registry
private or merchant vessel
on the high seas
two vessels collide and are
Law of the registry
from the same state
vessels come from different
Apply said identical laws
states with identical laws
vessels come from different
general maritime law as
states with different laws
understood and applied by the
forum where the case is filed
CONDITIONS FOR THE ENFORCEMENT OF TORT CLAIMS
1. The foreign tort is based on a civil action and not on a
crime;
2. The enforcement of the tort would not infringe the public
policy of the forum;
3. The judicial machinery of the forum is adequate for its
proper enforcement.
Note: While all procedural matters are governed by the lexfori, all
substantive matters are governed by LEX LOCI COMMISSII.
PHILIPPINE RULE ON FOREIGN TORTS

There is no governing specific statutory law but

courts may give due course on the theory of vested
rights or most significant relationship provided that
there are minimum contacts and the defendant can be
served with summons.

In case of injuries which involve physical harm, mental

disturbance, false imprisonment, malicious prosecution
the law of the State where the injury was inflicted.

In case of intentional tort the law of the State where

the actor initiated or carried out the tortuous act.

We also follow the rule of generality in criminal law.

Penal laws and those of public security shall be
obligatory upon all who live or sojourn in Philippine
territory subject to the principles of PIL and to treaty
stipulations. (Locus regitactum) Art. 14, CC. Thus, for
the essential elements of a crime and its penalties it is
generally where committed. In the Philippines, we follow
the territorial theory in general; by way of exception,
Art. 2 of the RPC stressed the protective.

The protective theory is followed in the cases

mentioned in Art. 2 of the Revised Penal Code, such that
even if the crime was committed outside our territorial
jurisdiction, it is triable by our courts.
Trajanov. Marcos-Manotoc and Hilao vs. Marcos (1994)

The American courts, through its Alien Tort Statute (28

USC 1350) which allows district courts to acquire
jurisdiction of any civil action by an alien for a tort only,
committed in violation of the law of nations or a treaty of
the US. It ruled that Marcos wrongful acts consisted in
torture leading to death. The Marcos estate was liable
for torture which is proscribed by jus cogens, the
peremptory norm of international law. The court rejected
the defense of act of state or sovereign immunity.
Guintov. Marcos (S.D. Cal., 1986)

The suit was brought against Marcos claiming violation

of petitioners right to freedom of expression and
damages resulting from unlawful confiscation of a film.
The court ruled it had no jurisdiction. The U.S.
Constitution on which the petition was anchored was not
applicable to foreign officials within their own territory.
Petitioners were also not allowed to invoke the
protective provisions of the Alien Tort Claims Act since
the violation of freedom of speech is not a violation of
the law of nations.
Locus delicti of certain crimes
frustrated and
consummated homicide,
murder, infanticide, and
parricide
attempted homicide,

Where the victim was injured (not

where the aggressor wielded the
weapon)
Where the intended victim was

murder, infanticide, and

parricide

Bigamy
Theft and Robbery

Estafa or swindling through

false representations
Conspiracy to commit
treason, rebellion or sedition
Libel
continuing crimes
complex crimes

(not where the aggressor was

situated) so long as the weapon
or the bullet either touched him or
fell inside the territory where he
was.
where the illegal marriage was
performed
where the property was unlawfully
taken from the victim (not the
place to which the criminal went
after the commission of the crime)
where the object of the crime was
received (not where the false
representations were made)
where the conspiracy was formed
(not where the overt act of
treason, rebellion or sedition was
committed)
where published or circulated
any place where the offense
begins, exists or continues
any place where any of the
essential elements of the crime
took place