CONFLICT OF LAWS (PRIVATE INTERNATIONAL LAW) essential elements thereof exist and where it is more

convenient for the parties to litigate therein.

Based on the Course Syllabus of
Atty. Jay Rozen D. Bartazan This phrase literally means that jurisdiction should be
declines because “the forum is inconvenient”.
Part I. INTRODUCTION TO PRIVATE INTERNATIONAL LAW
Comity – is the recognition which one state allows within
Definition of Private International Law:
its territory to the legislative, executive, or judicial acts of
Universal principles of right and justice which govern another state, having due regard both to international duty
the courts of one state having before them cases involving and convenience and to the rights of its own citizens or of
the operation and effect of laws of another state or other persons who are under the protection of its laws.
country (Coquia).
It is the doctrine under which contracts are made, rights
The law concerning the rights of person within the acquired, and obligations incurred in one state or country,
territory and dominion of one nation, by reason of acts, in accordance with its laws, are recognized and enforced
private or public, done within the dominion of another by the courts of another state or country.
nation (Hilton v. Guyot).
Lex Situs – the applicable law regarding the acquisition,
That which regulates the comity of states in giving transfer and devolution of the title to property is the law
effect in one to the municipal laws of another relating to where the property is located.
private persons, or concerns the rights of persons within
Lex Loci Actus – the law of the place where the act was
the territory and dominion of one state or nations, by
done
reason of acts, private or public, done within the dominion
of another, and which is based on the broad general Lex Loci Celebrationis – the law of place where a contract
principle that one country will respect and give effect to is entered into
the laws of another so far as can be done consistently with
Lex Loci Contractus – the proper law applicable in deciding
its own interests (Agpalo).
upon the rights and liabilities of the contracting parties,
Distinguished from Public International Law and the validity of the contract. The test is to determine
what system of law with which the transaction has the
Public International Law principally governs state in
closest and most real connection
their relationship amongst themselves. In contrast, Private
International Law principally governs individuals in their Lex Loci Delictus – the law of the place where the offense
private transactions which involve a foreign element. or wrong took place

Other Terms Defined: Lex Loci Domicilli – the law of the place of domicile of a
person
Foreign Element – a factual situation that cuts across
territorial lines and is thus affected by the diverse laws of Lex Loci Rei Sitae (lex situs) – the law of the place where a
two or more states is said to contain a foreign element. thing is situated.

The element may simply consist in the fact that one of the Kilberg Doctrine – the rule that the forum is not bound by
parties to a contract is an alien or has a foreign domicile, or the law of the place of injury or death as to the limitation
that a contract between nationals of one or different on damages for wrongful act because such rule is
states refers to properties situated in another state or that procedural and hence the law of the forum governs on this
the status, condition, or capacity of one person is involved issue.
in a case.
Lex Loci Delicti Commissii – the law of the place where the
Forum non conveniens – a principle where the court injury, wrong or of death took place.
refuse to hear the case with foreign element which has
Center of Gravity Doctrine (most significantly relationship
very minimum contact with respect to the transactions or
theory; grouping of contracts) – the rule on the
the parties, such that there may be more convenience to
application of the law of the jurisdiction which has the
have the case tried in another forum, where the more
most significant relationship to or contact with event and Subject matter jurisdiction or competence is the general
parties to litigation and the issue therein. power conferred by law to take cognizance of cases of a
general class to which a case belongs.
Part II. JURISDICTION AND CHOICE OF LAW
Constitutional and statutory laws allocate cases among the
3 Types of Jurisdiction
courts according to the nature of the controversy, thereby
A. Jurisdiction over the Person determining the competence of the court to try a case and
render a judgment.
Based on forum-defendant contacts.
However, it is not enough that a court has a power in
Generally, jurisdiction over the person is acquired by the abstract to try and decide the class of litigation to which a
voluntary appearance of a party and his submission to case belongs. It is necessary that said power be properly
authority. invoked by filing a petition in order that a court may
Particularly, the court acquired jurisdiction over the person exercise jurisdiction.
of the plaintiff the moment he invokes the aid of the court Ways of dealing with a conflicts problem
by filing a suit. On the other hand, the law authorized
jurisdiction over the person of the defendant when he When the court is faced with a conflict of laws problem, it
enters his appearance or is served with the legal process may either:
within the state.
1) Dismiss the case for lack of jurisdiction or on the
When the defendant or his lawyer appears in court, he ground of forum non conveniens, or
gives consent to the forum’s exercise of jurisdiction over 2) Assume jurisdiction and apply either forum or
him except if he appears for the purpose of protesting the foreign law
jurisdiction of the court.  Since the basic law is the law of the forum, it
should be applied whenever there is a good reason
B. Jurisdiction over the Res/Property to do so
Based on forum-property contacts  The presence of the ff. factors would justify the
application of the forum law”
Jurisdiction over the property which is the subject matter 1) A specific law of the forum decrees that
of litigation results either from the seizure of the property internal law should apply’
under a legal process or from the institution of legal 2) The proper foreign law was not properly
proceedings wherein the court’s power over the property pleaded and proved
is recognized and made effective. - Our courts may not take judicial
This kind of jurisdiction is referred to as in rem jurisdiction cognizance of any foreign law; hence,
where the situs could “bind the world” and not just the failure to plead and prove foreign law
interest of specific persons. leads to the presumption that it is the
same as forum law.
The basis for the exercise of jurisdiction is the presence of 3) The case falls under any of the exceptions to
the property within the territorial jurisdiction of the forum. the application of foreign law. These
Another form of jurisdiction based on the state’s physical exceptions are:
power over the property found within its territory is quasi a) When the foreign law is contrary to an
in rem jurisdiction, but affects only interests of particular important public policy of the forum
persons in that thing. b) When the foreign law is penal in nature
c) When the foreign law is procedural in
In proceedings in rem and quasi in rem, all that due nature
process requires is that the defendant be given adequate d) When the foreign law is purely fiscal or
notice and opportunity to be heard. Both requirements are administrative in nature
met in service of summons by publication. e) When the application of the foreign law
will work undeniable injustice to the
C. Jurisdiction over the Subject-Matter
citizens of the forum
 f) When the case involves real or personal the question to the law of the testator’s domicile. The
property situated in the forum conflict of laws rule in California, Article 946, Civil Code,
g) When the application of the foreign law precisely refers back the case, when a decedent is not
might endanger the vital interest of the domiciled in California, to the law of his domicile, the
state Philippine in the case at bar. The court of the domicile
h) When the foreign law is contrary to good cannot and should not refer the case back to California;
morals. such action would leave the issue incapable of
determination because the case will then be like a football,
Depecage
tossed back and forth between the two states, between
(From the French “depecer” meaning “to dissect”). A term the country of which the decedent was a citizen and the
for the phenomenon where “different aspects of a case country of his domicile. The Philippine court must apply its
involving a foreign element may be governed by different own law as directed in the conflict of laws rule of the state
systems of laws. of the decedent, if the question has to be decided,…

Since a single element of a case is made to related it to one Part III. CONTRACTS
legal system, the decepage technique allows the other
Extrinsic Validity of Contracts
relevant interests of the parties to be addressed.
The lex loci celebrationis governs the forms or extrinsic
Renvoi Doctrine
validity of the contracts. A contract is valid as to form if in
Renvoi is a procedure whereby a jural matter presented is accordance with any form recognized as valid by the law of
referred by the conflict of laws rules of the forum to a the country where it is made, and that no contract is valid
foreign state, the conflict of laws rule of which, in turn, which is not made in accordance with the local form.
refers the matter to the law of the forum or a third state.
Article 17 of the NCC reads that, “The forms and
When reference is made back to the law of the forum, solemnities of contracts, wills, and other public
there is a “remission” while reference to a third state is instruments shall be governed by the laws of the country in
called “transmission”. which they are executed.”

Aznar vs. Garcia. GR. No. L-16749, January 31, 1963 These principles are derived from a broader proposition
that the place governs the act (locus regit actum).
Ruling:
For contracts entered into by cablegram, telex or fax
Appellees argue that what Article 16 of the Civil Code of messages between persons form two different countries,
the Philippines pointed out as the national law is the the place of execution of the contract is presumed to have
internal law of California. But as above explained the laws been into the place where the offer was made.
of California have prescribed two sets of laws for its
citizens, one for residents therein and another for those Capacity of Parties
domiciled in other jurisdictions. Reason demands that We
The rule to enter into contracts is governed by the rules on
should enforce the California internal law prescribed for its
status and capacity. In the countries which follow the
citizens residing therein, and enforce the conflict of laws
nationality law principle, the capacity to enter into a
rules for the citizens domiciled abroad.
contract is governed by their national laws. In countries
It is argued on appellees’ behalf that the clause “if there is that follow the domiciliary law theory, the law of their
no law to the contrary in the place where the property is domicile shall govern.
situated” in Section 946 of the California Civil Code refers
Intrinsic Validity of Contracts
to Article 16 of the Civil Code of the Philippines and that
the law to the contrary in the Philippines is the provision in There are three possible laws that could govern the
said Article 16 that the national law of the deceased should questions relating to the intrinsic validity of the contracts:
govern. This contention cannot be sustained. As explained
LEX LOCI CONTRACTUS
… the national law mentioned in Article 16 of our Civil
Code is the law on conflict of laws in the California, i.e., The law of the place of making or “lex loci contractus”
Article 946, which authorized the reference or return of refers to the law of the place where the contract is made.
To determine where the contract is made, we look at the individual of if the subject matter of the loan is
place where the “last act is done which is necessary to personal, it is governed by the law of the place where
bring the binding agreement into being so far as the acts of the law was obtained.
the parties are concerned”.  In contracts of pledge, chattel mortgage, and
antichresis, the extrinsic and intrinsic validity are
Advantage – relatively easy in establishing the place of
governed by the lex situs.
contracting. The principal purposes of contract which are
 In carriage of goods by the sea – the law of the country
certainty and stability are achieved.
to which the goods are to be transported shall govern
Disadvantage – let to unjust results when the place of the liability of the common carrier in case of loss,
making is entirely incidental or casual and has no destruction or deterioration.
significant relationship with the contract or its  In Contract of International Air-Transportation – The
performance. Warsaw Convention shall govern the liability of
international airline carriers in cases of death, injuries
LEX LOCI SOLUTIONIS
of passengers or loss of damage of cargo.
The law of the place of performance - all matters relating
Part IV. TORTS AND DAMAGES
to the time, place and manner of performance, sufficiency
of performance and valid excuses for non-performance. Policies behind conflicts tort law

Advantage - useful because it is undoubtedly always Lex Loci delicti commissii

connected to the contract in a significant way.
Modern theories on foreign tort liability
Disadvantage – to allow the state where the contract is to
Lex Loci delicti
be performed to determine the validity of a contract made
in another state is to give extraterritorial effects to the Part V. CITIZENSHIP AND DUAL NATIONALITY
laws of the former.
How acquired
LEX LOCI INTENTIONIS
Citizenship at Birth
The law intended by the parties. This intention may be
expressed in a choice-of-law provision. When the parties Multiple Citizenship
stipulated that the contract be governed by a specific law, Natural Born Citizenship
such will be recognized unless there are cogent reasons for
not doing so e.g., the choice-of-law provision is contrary to Dual Allegiance vs. Dual Citizenship
a fundamental policy of the forum. RA 9225 Citizenship Retention and Re-acquisition Act
The issue of intent does not always involve the actual Part VI. DOMICILE
mental operations of the parties. The law looks are the acts
of the parties and the surrounding circumstances which Kinds
may possible have exerted some influence upon their
Domicile and Citizenship
actions, and then assumed that their intentions are in
harmony with such acts and circumstances. This implied Loss and Retention
intention of the parties is often upheld with reference to
Romualdex Marcos vs. COMELEC 248 SCRA 300 (1995)
the rule of validity of contract which presumes that parties
contemplate to enter into a valid contract. Poe Llamanzares vs. COMELEC GR. Nos 221697-221700.
March 8, 2016.
Special Kinds of Contracts
Nicole-Lewis vs. COMELEC. GR. No. 162759. August 4,
 In sales or barter of goods, the law of the place where
2006.
the property is located will govern (lex situs).
 In simple loan – If granted by financial institutions, the Part VII. PROPERTY
law of the permanent place of business of such
Laurel vs. Garcia 187 SCRA 797 (1990)
institution shall govern. If granted by the private
Tayag vs. Benguet Consolidated. GR. No. L-23145. The “Internal Affairs” Rule Sec. 129 of the Corporation
November 29, 1968. Code. BP. 68

Sec. 7, Article XII, 1987 Constitution Domicile of Corporations

Sec. 8, Article XII, 1987 Constitution Test of Corporate Nationality

RA 7899 Condominium Act of the Philippines Control Test

Lex Situs vs. Lex Rei Sitae Grandfather Rule

Part VIII. MARRIAGE AND DIVORCE Part XII. TRANSBOUNDARY POLLUTION

Marriage as a contract Part XIII. INTELLECTUAL PROPERTY

Marriage as a status Intellectual Property Code and International Conventions

Annulment and Declaration of Nullity of Marriage Part XIV. ENFORCEMENT OF FOREIGN JUDGMENT

Legal Separation or Relative Divorce Effect of Foreign Judgment

Van Dorn vs. Romillo. GR. No. L-68470. October 8, 1995 Res Judicata Effect of Foreign Judgment

Pilapil vs. Ibay-Somera. GR. No. 80116. June 30, 1989 Fujili vs. Marinay. GR. No. 196049. June 26, 2013

Republic vs. Obrecido. GR. No. 154380. October 5, 2005 Proof of Foreign Law

Fujiki vs. Marinay. GR. No. 196049. June 26, 2013

Part IX. WILLS AND SUCCESSION

Extrinsic validity of Wills

Intrinsic validity of Wills

Interpretation of Wills

Revocation

Probate

Administration of Estates

Trusts

Miciano vs. Brimo. 50 Phil 867 (1927)

Bohanan vs. Bohanan. 106 Phil 997 (1960)

Part X. ADOPTION

RA 8552 Domestic Adoption Act of 1998

RA 8043 Inter-Country Adoption Act of 1995

Applicable Law at the time of Adoption

Republic vs. Miller. 306 SCRA 183 (1999)

Part XI. CORPORATIONS

Residence of Corporations