CONFLICT OF LAWS Reviewer 1.

To adjust conflicting rights in international,

mercantile and corporate transactions; and
Chapter I 2. To solve personal, family, property, and
PRELIMINARY CONSIDERATION successional, contractual problems, possessed of
facts or elements operating in two or more states.
CONFLICT OF LAWS CASE – any case which involves facts
occurring in more than one state or nation, so that in CONFLICTS PROBLEM – come into being through variance
deciding the case, it is necessary to make a choice in the municipal laws of the countries involved.
between the laws off the different states or countries.  Even assuming that the laws in various countries
are uniformly the same, still different municipal
PRIVATE INTERNATIONAL LAW – that department of tribunals may give identical laws varying
national law which arises from the fact that there are in interpretation.
the world different territorial jurisdiction possessing
different laws. Scope and Three-fold Functions of Conflict of Laws.
(1) To prescribe the conditions under which the court
CONFLICT OF LAWS (Private International law) – part of is competent to entertain such a suit;
the municipal law of a state which directs its courts and (2) To determine for each class of cases the particular
administrative agencies, when confronted with a legal territorial system of law by reference to which the
problem involving a foreign element, whether or not they rights of the parties must be ascertained;
should apply a foreign law or foreign laws. (3) To specify the circumstances in which a foreign
judgment can be recognized as decisive of the
Elements of Conflict of Laws. question in dispute.
(1) Conflict of laws is part of the municipal law of a
state; Specific aims of functions of Conflict of Laws.
(2) There is a directive to courts and administrative (1) the determination of which country has
agencies; jurisdiction;
(3) There is a legal problem involving a foreign (2) the applicability to a particular case of either the
element; local or the foreign law;
(4) Finally, there is either an application or a non- (3) the determination of the force, validity and
application of a foreign law or foreign laws. effectiveness of a foreign judgment.

Part of the Municipal Law of a State. It is not international Three questions in Conflict of Laws.
in character. However, it is given the appellation of (1) Question of jurisdiction
international law because of the presence of a foreign (2) Question of choice of law
element in a given problem. (3) Question of applicability of a foreign judgment

FOREIGN SYSTEM OF LAW – include not only the law of How conflict of laws is observed. The rules must be applied
foreign states but also the law of political subdivising to the end that justice will be served.
which have their own legal system.
Distinctions between Conflict of Law and the Law of
In applying the law of a foreign state, does a sovereign Nations (Public International Law).
state recognize the superiority of another state? NO. The Conflict of Law Law of Nations
rules of Private International Law do not derive force from Municipal in character International in character
a power superior to the sovereign state which recognize Dealt in by private The parties involved are
and enforce them. On the contrary, the very essence of a individuals sovereign states and other
sovereign state is that it has no superior. entities possessed of an
 When effect is given to a foreign law in any international personality,
territory, it is only because the municipal law of such as the United Nations
that state temporarily abdicates its supreme Organization
authority in favor of the foreign law, which for the Transactions are private Transactions are entered
time being, with reference to that particular ones between private into which generally affect
matter, becomes itself, by will of the state, its individuals public interest; those
municipal law. which in general are of
interest only to sovereign
Importance of Conflict of Laws. states
 The remedy here is to The remedies may be (4) Principle of territoriality and Principle of generality
resort to municipal peaceful or forcible. (in the sphere of criminal law)
tribunals
GENERAL RULE: The lex loci celebrationis governs all
DUALIST SCHOOL OF THOUGHT – the school believes that transactions insofar as formalities or solemnities are
the two subjects are world apart, at least insofar as the concerned.
distinctions are concerned. EXCEPTION: Whenever property is involved, in which case
it is the lex situs that should control.
MONIST SCHOOL OF THOUGHT – the private and public
international law are in essence identical for both of them RULE OF TERRITORIALITY – the place or territory where a
manifest a single concept of law, ultimately addressed to crime has been committed has jurisdiction to try the
the same individuals. offense that has been committed. EXCEPTIONS: Article 2
of RPC.
International Commissions and Administrative Bodies Have
a Distinct Juridical Personality Independent of the PRINCIPLE OF GENERALITY – the criminal laws of a country
Municipal Law of the State. Among the notable instances binds both the citizens and the aliens who are in the said
are the International Labor Organization, the International country or territory. EXCEPTIONS:
Institute of Agriculture, and the International Danube (1) The principles of public international law
Commission. (2) The presence of treaty stipulations.
 Insofar as they are autonomous and beyond the
control of any one State, they have a distinct Chapter II
juridical personality independent of the municipal WHAT THE TRIBUNALS OF THE FORUM MUST DO
law of the State where they are situated.
 As such, they must be deemed to possess a [When a court is without jurisdiction, it has no alternative
species of international personality. except to dismiss the case. Any judgment rendered without
or in excess of jurisdiction is clearly null and void even in
Sources of Conflict of Laws. the state the rendered it, in view of the lack of due
(1) Indirect process]
a. Natural moral law
b. Works of writers JURISDICTION – the authority of a tribunal to hear and
(2) Direct decide a case and the power to enforce any judgment it
a. Constitutions may render thereon.
b. Codifications  Power of the state to create legal interests which
c. Special laws other states will recognize and enforce (definition
d. Treaties and conventions in Conflict of Laws)
e. Judicial decisions
f. International customs COURT OF THE FORUM – decides whether or not
jurisdiction, considering the attendant circumstances), is
NATURAL MORAL LAW – rule of human conduct implanted present.
by God in our nature and in our conscience, urging us to
do whatever is right and avoid whatever is evil. LAW OF THE FORUM – furnishes the yardstick for the
presence or absence of jurisdiction.

Works of Writers. Works of legal scholars are considered Kinds of Jurisdiction.

sources of Conflict of Laws insofar as their writing have (1) Jurisdiction over the subject matter
influence judicial decisions on the subject. (2) Jurisdiction over the person
(3) Jurisdiction over the res
International Customs.
(1) Lex situs – law of the place where the property is JURISDICTION OVER THE SUBJECT MATTER – conferred by
situated law and is the authority of a court to hear and decide cases
(2) Lex loci celebrationis – law of the place of of the general class to which the proceedings in question
celebration or execution belong.
(3) Lex nationalii/Lex domicilii – the national law or
the domiciliary law of the deceased governs the [If the allegations in the complaint show prima facie a lack
successional rights to his estate. Here, we adopted of jurisdiction, the court must immediately dismiss the
the lex nationalii. case]
 b. If the force is illegal, jurisdiction is not
JURISDICTION OVER THE PERSON – power of a court to obtained.
render a judgment that will be binding on the parties
involved: the plaintiff and the defendant. Continuing Jurisdiction even if the Defendant Leaves. Even
if defendant leaves the state of the forum prior to the final
[Jurisdiction over the person of the plaintiff is acquired determination of the suits, the jurisdiction over him that
from the moment he institutes the action by the proper had been previously acquired continues.
pleading. Jurisdiction over the person of the defendant is
acquired through voluntary appearance, personal or [If the forum has jurisdiction, it may decide either to refuse
substituted service of summons] to assume that jurisdiction, it may go ahead and assume
it]
PERSONAL SERVICE – summons shall be served by handing
a copy thereof to the defendant in person, or if he refuses FORUM NON CONVENIENS – reason often given for refusal
to receive it, by tendering it to him. to assume jurisdiction is that to do so would prove
inconvenient for the forum.
SUBSTITUTED SERVICE – if the defendant cannot be served
within a reasonable time, service may be effected by: Ways Inconvenience may be manifested.
(a) by leaving copies of the summons at the (1) the evidence and the witnesses may not be readily
defendant’s dwelling house or residence with available;
some person of suitable age and discretion then (2) the court dockets of the forum may already be
residing therein, or clogged: to permit additional cases would
(b) by leaving the copies at defendant’s office or inevitable hamper the speedy administration of
regular place of business with some competent justice;
person in charge thereof. (3) the evils of “forum-shopping” ought to be curbed;
(4) the forum has no particular interest in the case;
Effect of Summons by Publication. This manner of the parties may either be citizens or residents; the
summons is good only if the action is in rem or quasi in subject matter of the litigation had evolved
rem or involves the personal status of the plaintiff. somewhere else;
(5) other courts are open: certainly, the case may be
JURISDICTION OVER THE RES – jurisdiction over the better tried in said courts.
particular subject matter in controversy, regardless of the
persons who may be interested thereon. DOCTRINE OF FORUM NON CONVENIENS – generally apply
only if the defendant is a corporation. After all, if the
How service is made on a private foreign corporation. If defendant is an individual, it may be difficult for the
the defendant is a foreign corporation or a non-resident convenient or proper forum to acquire jurisdiction over
joint stock company or association, doing business in the him – thus leaving the plaintiff without any remedy.
Philippines, service may be made on its resident agent
designated in accordance with law for that purpose, or if Application of the Principle.
there be no such agent, on the government official (1) If neither the plaintiff, nor the defendant, nor the
designated by law to that effect, or any of its officers or cause of action is related to the forum, the action
agents within the Philippines. will not be heard.
 The private foreign corporation must be doing (2) Courts of equity and of law occasionally decline, in
business in the Philippines, otherwise the rule the interest of justice, to exercise jurisdiction,
does not apply, and our courts cannot acquire where the suit is between aliens or non-residents,
jurisdiction over the same. or where for kindred reason, the litigation can
more appropriately be conducted in a foreign
Effect of Vitiated Personal Service of Summons. tribunal.
(1) Vitiation by Fraud – if fraud was availed of in
personally serving the summons on the defendant When the forum assumes jurisdiction over a case, it may,
in a proceeding in personam, and such fraud was under proper circumstances:
thru the initiative or instigation of the plaintiff, the (1) apply the internal or domestic law (lex fori); or
court does not acquire jurisdiction over the (2) apply the property foreing law (lex causae)
person of such defendant.
(2) Vitiation by Force Instances where the forum has to apply Domestic Law.
a. If the force used is legal , jurisdiction may (1) when the law of the forum expressly so provides
properly be acquired. in its conflicts rules;
 (2) when the proper foreign law has not been EXCEPTION: If somewhere in our laws we find a statute
properly pleaded and proved; worded identically, we cannot be blamed if we disregard
(3) when the case involves any of the exceptions to the foreign interpretation, and instead use our own
the application of the proper foreign law previous interpretation of the same.
(exceptions to comity):
a. when the foreign law, judgment, or When the foreign law, judgment, or contract is contrary to
contract is contrary to a sound and a sound and established public policy of the forum.
established public policy of the forum; Prohibitive laws concerning persons, their acts or property,
b. when the foreign law, judgment, or and those which have for their object public order, public
contract is contrary to almost universally policy and good customs shall not be rendered ineffective
conceded principles of morality (contra by laws or judgments promulgated, or by determinations
bonos mores); or conventions agreed upon in a foreign country.
c. when the foreign law, judgment, or
contract involves procedural matters; PUBLIC POLICY – simply the manifest will of a state, that
d. when the case involves penal laws, which it desires on account of its own fundamental
contracts, judgments; principles of justice, its own conception of morals, and its
e. when the case involves purely fiscal (that deep-rooted traditions for the common-weal.
is, revenue-producing) or administrative
matters; When the foreign law, judgment, or contract involves
f. when the application of the foreign law, procedural matter. There are no vested rights in the rules
judgment, or contract, may work of procedure; one must take the procedural formalities of
undeniable injustice to the citizens or a forum in the state in which he finds them, otherwise, he
residents of the forum; would arrogate unto himself the herculean task or
g. when the application of the foreign law, remaking the forum’s judicial machinery to suit his
judgment, or contract, may work against particular whims.
the vital interests and national security of
the state of the forum;
h. when the case involves real or personal
property situated in the forum.

When the Proper Foreign Law has not been Properly

Pleaded and Proved. A foreign law must be properly
pleaded and proved as a fact. If not, our courts will
presume that the foreign law is the same as our local or
domestic or internal law.

Proof of Foreign Law.

(1) If the foreign law is a written law (such as a
statute or a constitution, it may be proved by:
a. An official publication thereof; or
b. By a copy attested by the officer having
the legal custody of the record, or by his
deputy, and accompanied with a
certificate that such officer has custody.
(2) If the foreign law is unwritten law as customs or
traditions, it may be proved by:
a. The oral testimony of expert witnesses; or
b. By printed and published books of reports
of decisions of the country involved, if
proved to be commonly admitted in such
courts.

GENERAL RULE: A foreign law that has been duly pleaded

and proved in our courts of justice must receive the same
interpretation given toe said law by the foreign tribunal
concerned.