Specom Syllabus 18-19
Specom Syllabus 18-19
CHAPTER 1 informed consent of the children nor the guardians. Said drug had
INTRODUCTION TO adverse side effects which cause some patients to die, become
PRIVATE INTERNATIONAL LAW blind, deaf, paralyzed or brain-damaged.
Elaine Mae V. Alagao | XU Law SY 17-18, 1st Semester | Atty. Pamisa Page |1
FORUM NON CONVENIENS Lex loci celebrationis – law of the place of the ceremony or the
- Three-step analysis applies in the case: second step – law of the place where the contract is made
requires the distinct court to consider the adequacy of the
alternative forum Lex loci contractus – law of the place where the contract is
- Dismissal not appropriate if an adequate and presently executed or to be performed
available alternative forum does not exist
- Forum is inadequate when: When there is a conflicts case the court may:
o It does not permit the reasonably prompt 1. Dismiss the case
adjudication of a dispute 2. Assume jurisdiction over the case and apply the internal
o Forum not presently available law of the forum
o Forum provides a remedy so clearly 3. Assume jurisdiction over the case and take into account
unsatisfactory or inadequate that it is or apply the law of some other State or States
tantamount to no remedy at all
While it may choose to recognize laws of foreign nations, the
FOREIGN ELEMENT court is not limited by foreign sovereign law short of treaties or
- Most important component of a conflicts of law problem other formal agreements, even in matters regarding rights
- Is anything which is not domestic and has a foreign provided by foreign sovereigns
component to it
- Can be a foreigner, foreign corporation, an incident Steps in Determining Applicable Law
happening in a foreign country, or foreign law chosen by 1. Characterization
the parties o Involves identification of the issue in the
- Without a foreign element, the case is only a domestic problem.
problem with no conflicts dimension o Process of spotting the legal issues as presented
- Presence of a foreign element is inevitable since social by the facts of the case
and economic affairs of individuals and associations are o Important step in this process is pinpointing
rarely confined to the geographic limits of their birth or the branch of law implicated by the problem
conception o Next step is determining whether there is
- Exists when parties to a contract: conflicts of law problem by the present of a
o is an alien or has a foreign domicile foreign element
o between nationals of one State involves o If there is one involved, he then employs
properties situated in another State applicable conflicts of law doctrines in
o other complex form determining the applicable law
o stipulate a foreign law or may be where the o If none, he just applies the rule, law or
merchant operates jurisprudence prevailing in the forum
2. Connecting factors
Phases in Conflicts Resolution o An analysis is made with respect to which
1. Jurisdiction – concerns the authority of a court of law to jurisdiction or fora has the most connection to
take cognizance of a case the case, such as:
Where can or should litigation be initiated? a) Nationality of the parties
2. Choice of law – refers to the applicable law to the b) Location of the act or event
problem c) Terms of the agreement or contract
Which law will the court apply? d) Other matters
3. Recognition and enforcement – concerns the o Once legal system is identified, applicable
enforcement of foreign laws and judgments in another branch of law in that legal system will then be
jurisdiction applied in resolving the dispute
Where can the resulting judgment be enforced?
Choice of Applicable Law
- important for purposes of determining the applicable - Parties are free to stipulate the applicable law that will
theories of law as well as the defenses available thereto govern their contractual obligations, provided not
- separate from each other contrary to law, morals, public policy, customs, etc.
- a defense in one phase is not a defense in other phases - Not necessary that it is local law, as long as it does not
violate public policy or the laws of the forum
CASE: Hasegawa v Kitamura
- lex loci celebrationis, lex contractus, the state of the most Extraterritoriality
significant relationship rule, or forum non conveniens - Laws are generally territorial in application
are improper grounds to question jurisdiction - Mind of the traveler is limited to the territorial
- power to exercise jurisdiction does not automatically boundaries of his country when he enacts laws
give a state constitutional authority to apply forum law - Laws, however, can be extraterritorial when so provided
- before determining which law should apply, first, there by the legislature
should exist a conflict of laws situation requiring the - Depends on legislative intent
application of the conflict of laws rules - Exception is when this intrudes with the territorial
integrity and sovereignty of another country
JURISDICTION CHOICE OF LAW - May be implicit or explicit
Considers whether it is fair Asks the further question
to cause a defendant to whether the application of ARTICLE 15: Laws relating to family rights and duties, or to the
travel to this state a substantive law which status, condition and legal capacity of persons are binding upon
will determine the merits citizens of the Philippines, even though living abroad.
of the case is fair to both
parties
Elaine Mae V. Alagao | XU Law SY 17-18, 1st Semester | Atty. Pamisa Page |2
ARTICLE 16: Real property as well as personal property is 2. Question of where, as between the forum court and a
subject to the law of the country where it is stipulated. foreign court, the balance of interests inhering in a
However, intestate and testamentary successions, both with dispute weighs more heavily
respect to the order of succession and to the amount of
successional rights and to the intrinsic validity of testamentary Factors that weigh into a court’s appraisal of the balance of
provisions, shall be regulated by the national law of the person interests:
whose succession is under consideration, whatever may be the 1. Vinculum which the parties and their relation have to a
nature of the property and regardless of the country wherein said given jurisdiction
property may be found. Concerned with the parties, their personal
circumstances, and private interests. Court must look
CASE: Small v US into the preponderance of linkages which the parties and
“Convicted in any other court” does not mean to include foreign their transaction may have to either jurisdiction.
convictions; refers only to domestic courts - Nationalities
- Places of negotiation, execution, performance,
CASE: Kiobel v Royal Dutch Petroleum Co. engagement or deployment
- Presumption against extraterritorial application 2. Public interest that must animate a tribunal, in its
- Pirates generally do not operate within any jurisdiction capacity as an agent of the sovereign, in choosing to
assume or decline jurisdiction
Forum Non Conveniens Concerns itself with the state and the greater social
- Simply means that the forum is not convenient order.
- Because forum chosen has no substantial connection to
the parties or to the dispute that it becomes very
inconvenient to litigate the suit the chosen venue: CHAPTER 2
o Parties are not residents of the forum CHOICE OF LAW
o Witnesses are located somewhere else
o Adequate forum where court of law are - When parties enter into agreement, their relationship is
operating and may offer the plaintiffs a venue usually governed by a particular law
where they could obtain justice - Default law is almost always the local law since the
- Usually interposed by way of a motion to dismiss minds of the parties are set on the local law upon
entering into the agreement
Instances where a court may desist from exercising jurisdiction: - Instances where foreign law is applied:
1. Belief that the matter can be better tried and decided o When parties stipulate a foreign law to govern
elsewhere, whether because the main aspects of the case their relationship
transpired in a foreign jurisdiction or the material o Foreign law offers more benefits to a person
witnesses have their residence there o XPN: when there are compelling reasons not to
2. Belief that the non-resident plaintiff sought the forum, a apply the same
practice known as forum shopping, merely to secure
procedural advantages or to convey or harass the Choice of Law Principles
defendant Section 6 of the US Restatement (Second) of Laws states the
3. Unwillingness to extend local judicial facilities to following Choice of Law Principles:
nonresidents or aliens when the docket may already be 1. A court, subject to constitutional restrictions, will follow
overcrowded a statutory directive of its own state on choice of law
4. Inadequacy of the local judicial machinery for 2. When there is no such directive, the factors relevant to
effectuating the right sought to be maintained the choice of the applicable rule of law include
5. Difficulty of ascertaining foreign law a. needs of the interstate and international systems
b. relevant policies of the forum
CASE: Saudia Arabian Airlines v Rebesencio c. relevant policies of other interested parties and
- Flight attendant became pregnant and was terminated the relative interests of those states in the
- The matter of jurisdiction rests on the sound discretion determination of the particular issue
of the court d. protection of justified expectations
o Must be clearly pleaded as a ground for e. basic principles underlying the particular field
dismissal of law
o Must be pleaded as such at the earliest possible f. certainty, predictability and uniformity of result
opportunity g. ease in the determination and application of the
o Otherwise, it is deemed waived law to be applied
- Defendant must also plead and show that a prior suit has,
in fact, been brought in another jurisdiction Principle 1: Local Law
- Defendant must show that such danger is real and - looks to the statutory directive of the state on choice of
present in that litigation or dispute resolution has law
commenced in another jurisdiction and that a foreign - general rule and provides that local law to be the default
tribunal has chosen to exercise jurisdiction law that will govern the relationship of the parties to a
dispute
Evaluation of the propriety of contracting parties’ choice of a
forum and its incident must grapple with 2 considerations: ARTICLE 15: Laws relating to family rights and duties, or to the
1. Availability and adequacy of recourse to a foreign status, condition and legal capacity of persons are binding upon
tribunal citizens of the Philippines, even though living abroad.
This relates to the viability of ceding jurisdiction to a
foreign tribunal *ARTICLE 16: Real property as well as personal property is
subject to the law of the country where it is stipulated.
Elaine Mae V. Alagao | XU Law SY 17-18, 1st Semester | Atty. Pamisa Page |3
However, intestate and testamentary successions, both with of an ordinary action for collection operates as a waiver of the
respect to the order of succession and to the amount of mortgage-creditor’s reedy to foreclose the mortgage. Filing this
successional rights and to the intrinsic validity of testamentary case is a waiver of other remedies.
provisions, shall be regulated by the national law of the person
whose succession is under consideration, whatever may be the When a foreign law judgment or contract is contrary to a sound
nature of the property and regardless of the country wherein said and established public policy of the forum (proscribing the
property may be found. splitting up of a single cause of action), the said foreign law,
judgment of order shall not be applied. It should not be applied
*application of lex rei sitae or the law of the place where the when its application would work undeniable injustice to the
property is situated for real or personal properties citizens or residents of the forum.
Elaine Mae V. Alagao | XU Law SY 17-18, 1st Semester | Atty. Pamisa Page |4
o A party may have more rights in his home county than 1. The copy is a correct copy of the original, or
in another 2. A specific part thereof, as the case may be.
3. The attestation must be under the official seal of the
Principle 6: Basic policies underlying the particular field of law attesting officer, if there be any, or
- Reason and objectives of the laws in question should be 4. If he be the clerk of a court having a seal, under the seal
given consideration of such court
- Courts should look at the type of law involved
- By looking at the particular laws involved, the courts CASE: Wildvalley Shipping v CA
may be in a better position to decide which rights to For a copy of a foreign document to be admissible, the following
uphold and protect requisites are mandatory:
1. Attested by the officer having legal custody of the
CASE: Hancock v Watson records or by his deputy
Choice-of-law analysis: 2. Must be accompanied by a certificate by a secretary of
1. Determine whether the conflicting laws are substantive the embassy or embassy or legation, consul general,
or procedure consul, vice consul, or consular agent or by any officer,
2. Classify the substantive area of law applicable to the and with a seal of his office
conflicting laws, as each area of law has its own choice
of law provisions Latter requirement is not a mere technicality but is intended to
3. Apply the appropriate analytical provisions to the justify the giving of full faith and credit to the genuineness of a
conflict document in a foreign country.
Principle 7: Certainty, predictability, and uniformity of result A foreign law is considered to be pleaded if there is an allegation
- Most judicial systems favor stability in judicial decisions in the pleading about the existence of the foreign law, its import
- Res judicata and stare decisis and legal consequences on the event or transaction in issue.
- Rationale: provide stability in judicial decisions so
judges will stick to their functions of interpreting the CASE: Manufacturers Hanover Trust v Guerro
laws instead of setting policies Failure to comply with Sec. 24 of Rule 132 of the Revised Rules
of Court, the Walden affidavit did not prove the current state of
Principle 8: Ease in the determination and application of the New York law and jurisprudence. Hence, bank merely alleged,
law to be applied but did not prove.
- Simplicity is always a virtue in determining which law
to apply CASE: Edi-staff Builders Int. v NLRC
- Stare decisis is usually simpler to apply since there is no Foreign law is treated as a question of fact to be properly pleaded
need to adopt new and more complication analyses since ad proved as the judge or labor arbiter cannot take judicial notice
what is needed to be done is to apply the law of a foreign law. He is presumed to know only domestic or forum
- Torts: lex loci delicti law. When foreign law is not pleaded, it is presumed to be the
same as local law (doctrine of presumed-identity approach or
OTHER PRINCIPLES AFFECTING CHOICE OF LAW processual presumption).
Proof of foreign law and processual presumption Exceptions to proof of foreign laws:
- Foreign laws have to be properly proved before they are 1. Presentation of a foreign-licensed attorney who will
admitted into evidence testify in open court concerning her knowledge of the
- Failure to prove will result to the exclusion of the foreign law in question
law and presumption will arise that foreign law is the 2. Case of administrative agencies recognizing foreign
same as local law (doctrine of processual laws without proof thereof.
presumption) Administrative agencies are not bound by technical rules
- Foreign documents also need to be proved before they of procedure and may properly recognize the existence
can be admitted into evidence of a foreign law by judicial notice.
3. Lack of objection to the improper presentation by one
Section 24. Proof of official record. — The record of public party of proof of foreign law.
documents may be evidenced by: 4. Tribunal may properly recognize the existence of
1. An official publication thereof or universally known law or law whose existence is known
2. By a copy attested by the officer having the legal custody to most men due to its universal application
of the record, or 5. Laws appearing in official websites like those of the
3. By his deputy, and accompanied, if the record is not kept Office of the President or the Library of Congress
in the Philippines, with a certificate that such officer has
the custody. CASE: Norse Management v National Seamen Board
4. If the office in which the record is kept is in foreign It is safe to assume that the Board is familiar with pertinent
country, the certificate may be made by a secretary of Singapore maritime laws relative to workmen’s compensation.
the embassy or legation, consul general, consul, vice
consul, or consular agent or by any officer in the foreign Scrivener’s Error
service of the Philippines stationed in the foreign - Means failure of the agreement to express the intention
country in which the record is kept, and authenticated by of the parties
the seal of his office. - Failure may be attributable to:
o Wrong terminology
Section 25. What attestation of copy must state. — o Missing terminology
Whenever a copy of a document or record is attested for the o Clerical error
purpose of evidence, the attestation must state, in substance, that: - Because the agreement does not embody the intention of
the parties, the chosen law is often disregarded resulting
Elaine Mae V. Alagao | XU Law SY 17-18, 1st Semester | Atty. Pamisa Page |5
in a course of action which the parties may not have CASE: Atienza v Philimare Shipping
contemplated or wanted It is clearly stipulated therein that the insurance benefit shall be as
- It may be simple oversight, negligence, or plain lack of per NSB Standard Format in the event of death seaman during the
skill on the part of the person drafting the contract term of his contract, over and above the benefits for which the
- Because there is failure to express the true intent of the Philippine Government is liable under Philippine law
parties, the agreement is interpreted according to its
plain or obvious meaning CASE: Pakistan International Airlines v Blas Ople
Terms and conditions of the contract are subject to public policy
CASE: Hong Kong and Shanghai Banking v Sherman considerations. Pakistani law cannot be applied as it violates the
A State does not have jurisdiction in the absence of some labor laws of the Philippines. The principle of party autonomy in
reasonable basis for exercising it, whether the proceedings are in contracts is not however an absolute principle. The law relating
rem quasi in rem or in personam. To be reasonable, the to labor and employment is clearly such an area where parties are
jurisdiction must be based on some minimum contacts that will not at liberty to insulate themselves and their relations from the
not offend traditional notions of fair play and substantial justice. impact of labor laws and regulations by simply contracting with
each other.
In International Law, jurisdiction is often defined as the right of
the State to exercise authority over persons and things within Relationship is much affected with public interest and that the
boundaries subject to certain exceptions. otherwise applicable Philippine laws and regulations cannot be
rendered illusory by the parties agreeing upon some other law to
To be enforceable, the forum selection clause should have read: govern their relationship.
“exclusive jurisdiction”
Karachi courts are likewise not proper because:
CASE: Carnival Cruise Lines v Shute - Contract was executed and performed in the Philippines
It bears emphasis that forum selection clauses contained in form - Private respondents are Philippine citizens while
passage contracts are subject to judicial scrutiny for fundamental petitioner, although foreign, is licensed to do business in
fairness. the Philippines
- Respondents were based in Manila
Elaine Mae V. Alagao | XU Law SY 17-18, 1st Semester | Atty. Pamisa Page |6
parties specifically intended a particular law to govern o Drawback: its complexity and tendency to
their contractual relations create confusion as one will have to list and
- Not mandatory examine the connecting factors of a state to a
- Capacity to contract – governed by national law of the pending contractual dispute.
parties
- There is a need to look at the national law of a person in Law governing in the Absence of Effective Choice by the Parties:
determining the contracting party’s capacity to enter into 1. The rights and duties of the parties with respect to an
a contract issue in contract are determined by the local law of the
state which, with respect to that issue, has the most
Approaches to Contractual Conflicts of Law significant relationship to the transaction and the parties
There are three principles: under the principles states in para. 6.
1. Lex loci contractus – law of the place where the contract 2. In the absence of an effective choice of law by the
is executed parties, the contracts to be taken into account in applying
o This is the default law based on the the principles of para. 6 to determine the law applicable
presumption that the parties would have to an issue include:
specified a particular law if they did not want a. Place of contracting
local law to govern their contractual b. Place of negotiation of the contract (vital)
relationship c. Place of the performance (vital)
d. Location of the subject matter of the contract
CASE: Erie Insurance Exchange v Edmund Heffernan e. Domicile, residence, nationality, place of
The court was not asked to interpret the validity of a contractual incorporation and place of business of the
term or decide questions of coverage. Question is applicability of parties
the appropriate substantive law to resolve the issues of tort
liability and damages. These contracts are to be evaluated according to their
relative importance with respect to the particular issue
Because issue relates to tort, we look to tort choice of law
principles—the law of the place of the accident. Although 3. If the place of negotiating the contract and the place of
principles of lex loci contractus apply to contract disputes, the performance are in the same state, the local law of
because the uninsured motorist statute and the insurance policies, this state will usually be applied, except as otherwise
by the incorporation of the phrase “entitled to recover”, reference provided in paras 189-99 and 203.
to tort law, the substantive tor law of where the accident occurred
applies, generally, to the issues of fault and damages. CASE: In re KMH
Various factor are relevant to a choice-of-law determination,
CASE: Government v Frank including:
No rule is better settled in law than that matters bearing upon the - the procedural or substantive nature of the question
execution, interpretation, and validity of a contract are determined involved
by the law of the place where the contract is made. - residence of the parties involved
- interest of the State in having its law applied
Matters connected with its performance are regulated by the law
prevailing at the place of performance. Matters respecting Kansas law applies and that significant contacts and a significant
remedy, such as bringing of suit, admissibility of evidence and aggregation of contacts with Kansas make application of our law
statutes of limitations, depend upon the law of the place where the to the parties’ claims not only appropriate but also constitutional.
suit is brought.
Depecage
2. Lex loci celebrationis – law of the place where the - refers to the process whereby different issues in a single
contract is performed or celebrated case arising out of a single set of facts may be decided
o Reason: since a contract is to be performed in a according to the laws of different states
particular place or state, it is but proper that the - process when procedural matters were held to be
law of that state govern the relationship of the governed by forum law and substantive questions by
parties some other law, even when matters characterized as
o This is natural since the parties of the contract procedural had substantial outcome-determinative
are expected to follow and comply with laws effect.
where they are operating or performing their - Different substantive issues could properly be decided
obligations under the laws of different states, when the choice-
o Otherwise, there is a greater chance that they influencing considerations differ as they apply to the
will be in violation of the law of the place of different issues
performance, which can also become a ground
for invalidation Philippines follows Lex Loci Contractus
- Our courts are obliged to apply the law of the place of
3. State of the most significant relationship Rule – law of execution of the contract in case a conflict dispute
the place with the most connection to the dispute concerning contracts is brought to the courts
o Basically a matter of convenience and - If a contract is executed in the Philippines, and the
practicality: seeks to apply law of the place that contract specifies no choice of law, the governing law
has the most connecting factors to the contract will be Philippine law
o More factors – easier to determine the rights
and obligations of the parties to the contract CASE: Triple Eight Integrated Services v NLRC
o This approach takes into account the previous Lex loci contractus governs this jurisdiction. There is no question
two approaches that the contract of employment in this case was perfected here in
the Philippines. Therefore Labor Code, its IRR and other laws
Elaine Mae V. Alagao | XU Law SY 17-18, 1st Semester | Atty. Pamisa Page |7
affecting labor apply in this case. The courts of the forum will not of the actor to take precautions to guard against
enforce any foreign claim obnoxious to the forum’s public policy. that harm. Conduct is said to be negligent when
a prudent man in the position of the tortfeasor
Defenses to Jurisdiction and Choice of Law would have foreseen that an effect harmful to
Conflict of Laws involves three phases: another was sufficiently probable to warrant
1. Jurisdiction this foregoing conduct or guarding against its
2. Choice of law consequences.
3. Recognition and enforcement of judgment
Conflict of Laws in Torts
- These three phases are separate from each other that a Problems arise when:
defense in one phase is not a defense in the other phases - Plaintiff is a resident of one state, the defendant of
- Thus, it is important to analyze the real issues in a another state
conflicts problem for the purpose of utilizing the - Both plaintiff and defendant may be residents of one
appropriate approach to a contractual dispute state and the place of injury could be another state
- Act or conduct causing the injury happens in one state
CASE: Hasegawa v Kitamura while resulting injury is felt in another state
- Power to exercise jurisdiction does not automatically - States employ differing approaches in resolving torts
give a state constitutional authority to apply forum law cases
- Jurisdiction and choice of law will often coincide but
minimum contacts for one do not always provide the Approaches to Conflicts’ Torts
necessary significant contacts for the other There are several approaches:
- Question whether the law of the state can be applied to a 1. Lex loci delicti or vested rights doctrine
transaction is different from the question of whether the o Traditional rule that employs the law of the
courts of that state have jurisdiction to enter a judgment place of injury
o Straightforward – simply apply the law of the
Jurisdiction over the subject matter – conferred by the sovereign place where the injury or damage was sustained
authority which establishes and organizes the court Vested rights theory – the rights of the parties
vested in the place of injury and nowhere else
Forum non conveniens cannot be used to deprive the trial court of o The state where the damage or injury is
its jurisdiction: sustained has as much interest in redressing the
1. It is not a proper basis for a motion to dismiss because wrongs committed within its jurisdiction
Section 1, Rule 16 of the ROC does not include it as
ground CASE: Dowis v Mud Slingers
2. Whether a suit should be entertained or dismissed on the The relative certainty, predictability, and ease of the application
basis of the said doctrine depends largely upon the facts of lex loci delicti, even though sometimes harsh, are preferable to
of the particular case and is addressed to the sound the inconsistency and capriciousness that the replacement of
discretion of the trial court choice-of-law approaches have wrought
3. The propriety of dismissing a case based on this
principle requires a factual determination CASE: Melton v Stephens
Relevant factors to consider:
o Place where the conduct causing the injury occurred
CHAPTER 4 o The residence or place of business of the parties
TORTS AND DAMAGES o The place where the relationship is centered
Torts as a source of obligation Driver’s conduct in operating their motor vehicles prior to the
Torts (or quasi-delicts) collision will be the focus of attention to determine liability, and
- Whoever by act or omission causes damage to another, that conduct is governed by the rules of the road of the state in
there being fault or negligence, is obliged to pay for the which the accident occurred, presumption of the lex loci delicti
damage done remains significant and is not overcome.
Elaine Mae V. Alagao | XU Law SY 17-18, 1st Semester | Atty. Pamisa Page |8
4. Lex fori 2. Courts will continue to evaluate the interests and public
o An approach where the rights and liabilities of policies of potentially concerned jurisdictions
the parties are governed by the law of the forum
To determine jurisdiction with the most significant relationship to
5. Most significant relationship approach the dispute, we must consider:
o Examination is made as to what state has the 1. Place where plaintiff acted in reliance on the
most connection to a case representations
2. Place where the plaintiff received the representations
Points of contact: 3. Place where the defendant made the representations
a) Place where the injury occurred 4. Domicile, residence, nationality, place of incorporation
b) Place where the conduct causing the injury occurred and the place of business of the parties
c) Domicile, residence, nationality place of incorporation 5. Place where the tangible thing, which is the subject of
and place of business of parties the transaction between the parties, was situated at the
d) Place where the relationship, if any, between the parties time
is centered 6. Place where the plaintiff is to render performance under
a contract that he has been induced to enter by the false
o State with most significant relation to the claim representations of the defendant
is usually the state in which the tort (and
therefore the injury) occurred Lex Loci Delicti v. Most Significant Relationship
o This is the state that has the greatest interest in Lex loci delicti Most significant relationship
striking a reasonable balance among safety, Jurisdictions favor its Jurisdictions favor its
cost and other factors pertinent to the design simplicity, ease of responsiveness to modern
and administration of a system of tort law application, stability and times and litigation,
predictability flexibility, fairness, and
CASE: Saudi Arabian Airlines v CA judiciousness
Had the court refused to take cognizance of the case, it would be All that is needed to be done There is greater chance of
forcing the plaintiff to seek remedial action elsewhere where she is apply the law of the place of justice being obtained
no longer maintains substantial connections. This would have injury with no need for
caused a fundamental unfairness to her. It is clear from the facts contacts-counting
of the case that the relationship between parties was centered here. It is disfavored because it Fine-tuned to modern
does not respond to the needs litigation where it is difficult
CASE: First National Bank in Fort Collins v Rostek of modern litigation to pinpoint the place of injury
Application of lex loci delicti often yielded harsh, unjust results, or where the place of injury
unrelated to the contemporary interests of the states involved or could be several states
the realistic expectations of the parties. Application of most Eclectic for its tendency to
“significant relationship” is somewhat broad but it is no less ignore stare decisis, making
precise that the concepts of “reasonableness” or “due process.” judicial decisions
unpredictable
CASE: Lamelgard v Macura
The old rule of lex loci delicti seems too rigid. Defamation is a
tort that the old rule, now a presumption, very often doesn’t fit, CHAPTER 5
because often the defamatory statement is communicated in more CITIZENSHIP AND DUAL NATIONALITY
than one state. It is in New Jersey where the plaintiff has his
practice, and therefore likely to suffer tangible harm from - Citizenship – a person’s membership in a particular state
defamation that impugns his professional integrity and - Brings with it duties of loyalty and allegiance hence
competence, even if the defamation is not published there, has a multiple citizenships are frowned upon
substantial interest in protecting him from defamation.
How Acquired
CASE: Lankenau v Boles Acquired at either birth or by naturalization
If conflicting conduct-regulating laws are at the issue, the law of
the jurisdiction where the tort occurred will generally apply The following are citizens of the Philippines:
because that jurisdiction has the greatest interest in regulating 1. Those who are citizens of the Philippines at the time of
behavior within its borders. Conversely, where the conflicting the adoption of this Constitution;
laws serve only to allocate losses between the parties, such as 2. Those whose fathers or mothers are citizens of the
vicarious liability or comparative negligence rules, the Philippines;
jurisdiction where the tort occurred has only a minimal interest in 3. Those born before January 17, 1973, of Filipino mothers,
applying its on law. who elect Philippine citizenship upon reaching the age
of majority; and
CASE: Winter v Novartis 4. Those who are naturalized in accordance with law.
Case simply discusses points of contact and depecage.
Case 2 and 3 – through birth
CASE: FutureSelect Portfolio Management v Tremont Group Case 4 – naturalization
Two-step analysis for the significant relationship inquiry: Case 1 – refers to both
1. Courts will continue to evaluate the contacts with each
interested jurisdiction Citizenship at Birth
o Approach is not merely to count contacts, but 1. Jus sanguinis
rather to consider which contacts are most o acquired through blood relationship with the
significant and to determine where these parent
contacts are found
Elaine Mae V. Alagao | XU Law SY 17-18, 1st Semester | Atty. Pamisa Page |9
o infant acquires the nationality of his parents at CITIZENS:
birth - Have full political rights; foreigners have limited
o more restrictive form, as it tends to restrict political rights in a foreign country
citizenship only to those related by - Owe full allegiance to their country
consanguinity to citizens thereof - Must abide by the rules specified in their country’s laws
o if one is not born to a citizen, he does not and constitution
become a citizen of that country - Military service: only citizens, generally, are allowed to
2. Jus soli serve in the army of a state (due to loyalty; cannot expect
o acquires citizenship by being born within the a person to defend a country of which he is not a citizen)
territorial boundaries of a state
o more immigrant-friendly as it grants citizenship CASE: Djumantan vs Domingo
by the mere fact of being born within the - No law guaranteeing aliens married to Filipino citizens
territory of a country the right to be admitted, much less given permanent
residency, in the PH
Multiple Citizenships - Fact of marriage by an alien to a citizen does not
- acquired by the simultaneous application of the doctrines withdraw her from the operation of the immigration laws
of jus sanguinis and jus soli governing the admission and exclusion of aliens
- this results in the person having dual citizenship - Marriage of an alien woman to a Filipino husband does
not ipso facto make her a Filipino citizen and does not
Natural Born Citizenship excuse her from her failure to depart from the country
- those who are citizens of the Philippines from birth upon the expiration of her extended stay here as an alien
without having to perform any act to acquire or perfect - Sec. 9 of Immigration Act of 1940: not mandatory for
their Philippine citizenship the CID to admit any alien who applies for a visitor’s
- naturalization – acquisition of citizenship by the visa
performance of some positive act, like applying with the - Once admitted, alien has no right to an indefinite stay
appropriate authorities to become a citizen of that state - An alien allowed to stay temporarily may apply for
change of status and may be admitted as a permanent
CASE: Bengson III v HRET resident
Repatriation results in the recovery of the original nationality. - Among those qualified: spouse of a Filipino citizen
This means that a naturalized Filipino who lost his citizenship will - Entry of aliens into the country and their admission as
be restored to his prior status as a naturalized Filipino citizen. On immigrants is not a matter of right, even if they are
the other hand, if he was originally a natural-born citizen before legally married to Filipino citizens
he lost his Philippine citizenship, he will be restored to his former
status as a natural-born Filipino. Only naturalized Filipinos are Relation to Conflict of Laws
considered not natural-born citizens - Citizenship is relevant to conflict of laws because certain
states require the application of a state’s laws to certain
Foundlings are Natural-Born Citizens matters affecting its citizens
- they are natural-born citizens because they are not an - Example: Art 15 and Art 16 of NCC
excluded class under the Constitution - Exercise of certain right are accorded only to citizens of
- so long as there is a HIGH PROBABILITY that the the state (e.g., right to vote and be voted for)
foundling’s parents are Filipinos, that person will be - Our laws do not tolerate dual allegiance – inimical to
considered natural-born national interest
- Philippines does not discriminate against foundlings and - There is a conflicts problem when the application of the
acknowledges their Philippine citizenship in accord with laws of 2 or more states is applied and a person becomes
human rights treaties and conventions a citizen of two or more countries
- It is state policy as seen in adoption laws to accord them - Example: application of jus sanguinis and jus soli;
the status of natural-born citizens - This conflicts situation may require the courts to
harmonize and reconcile the conflicting laws of several
CASE: Poe v COMELEC states
Fact that petitioner’s blood relationship with a Filipino citizen is
DEMONSTRATABLE (See pages 142 to 149 for a more detailed Dual Allegiance
discussion of the case) - Dual citizenship: state of having two or more
citizenships
Importance of Citizenship - Dual allegiance: state of having dual or multiple
- Important because it is the source of rights allegiances to several states
- Source of benefits as some rights are only available to - Basically, no difference
the citizens of a country - In Sec 5, Art IV of the Constitution, dual allegiance is
- Source of duties and obligations considered to be inimical to the national interest
- Defines voting rights and right to hold office - Only applies to a single specific instance: naturalized
- Suffrage only available to Filipinos and only they may Filipino citizen continues to maintain allegiance to his
be elected or appointed to public office mother country
- Dual citizens: required to make some form of - Blas Ople: dual citizenship and dual allegiance are
renunciation before they can hold public office different; DA – larger and more threatening than that of
- Derivative citizenship: benefit derived from being a mere DC which is seldom intentional and never
child or spouse of a citizen of a state; may enjoy certain insidious
privileges not ordinarily enjoyed by foreigner in the - Problem of DA:
country (e.g., right to work or stay in the PH) o unsettled kind of allegiance of Filipinos;
o lack of guarantees of thorough assimilation and
minority claims on our national resources; may
- Recognition of the petitioners by their alien father is not - Memorandum Circ. No. AFF. 05002 supplemented RA
among the ground for losing Philippine citizenship 9225; it clarified that a child who has been aged-out
under Philippine law (beyond 18 years of age) may still be the beneficiary of
- It cannot be said that the petitioners lost their former Republic Act No. 9225 so long as:
status by reason of such recognition; only mode of losing o he was born when either or both of her parents
Philippine citizenship is renunciation was still a Filipino citizen
- Law requires an express renunciation: o however, he must apply for re-acquisition on
o renunciation that is made known distinctly and his own behalf, and no longer as a derivative
explicitly beneficiary
o not left to inference or implication - also benefits adopted children who are minors when they
o manifested by direct and appropriate language, were adopted by their Filipino parents; nationality of the
as distinguished from that which is inferred adopted children does not matter – source of their right
from conduct to become Filipino is the nationality of their adopting
- herein petitioners were all minors when they were parents
brought to China; they did not have legal capacity to
renounce their status. Reacquisition
- best proof of reacquisition of PH citizenship: Order of
US Law: Approval and Oath of Allegiance are forwarded to NSO
- the two must concur: – available upon request by RA 9225 beneficiaries
o there must be expatriating act (passport also proof)
o there must be intent to renounce - fairly straightforward and speedy process especially in
- due to voluntariness, difficult for state to take away PH consulates abroad
citizenship - simplified procedures – as fast as one day
- US SC held that US Constitution does not grant the state - applicants must make sure that they have the supporting
the power to strip a person of his citizenship documents showing that they were former PH citizens:
best proof is old passport, or duly certified birth
PH Law: certificate
- There is no requirement for voluntariness
- Mere commission of an expatriating act results in the - Beneficiaries can use either their foreign passports or PH
loss of citizenship passport
- More liberal in allowing state to protect its interest - At PH immigration counter at the airport – must present
against inimical acts of its citizens PH passport to facilitate their entry in the PH as nationals
hereof rather than as aliens
RA No. 9225: Citizenship Retention and Re-acquisition Act - Beneficiaries are restored to their civil and political
- Congress enacted said act to enable former Filipino rights:
citizens who have since naturalized in a foreign country o Acquire properties without limitations
CASE: Jacot v Dal Issue: Whether the use of a foreign passport after renouncing
Issue: Whether petitioner is disqualified from running as a foreign citizenship amounts to undoing a renunciation earlier
candidate for his failure to make a personal and sworn made? Yes, it undoes an earlier renunciation.
renunciation of his US citizenship? No, he is disqualified.
- Use of foreign passport after renouncing one's foreign
Sec 3 of RA 9225 – oath swears allegiance to the PH, but there is citizenship is a positive and voluntary act of
nothing therein on his renunciation of foreign citizenship representation as to one's nationality and citizenship;
- It recants the Oath of Renunciation
Sec 5(2), requires: oath of allegiance under Sec 3, and for those - Legal presumption is open to attach when the citizen
seeking elective public offices in the PH to additionally execute performs positive acts showing his continued possession
a personal and sworn renunciation of any and all foreign of a foreign citizenship
citizenship before an authorized public officer prior or - Renunciation requires an absolute and perpetual
simultaneous to the filing of their certificates of candidacy, to renunciation of the foreign citizenship and full
qualify as candidates in Philippine elections. divestment of all civil and political rights granted by the
foreign country
The oath of allegiance contained in the Certificate of Candidacy, - representing himself as an American citizen, Arnado
which is substantially similar to the one contained in Section 3 of voluntarily and effectively reverted to his earlier status
Republic Act No. 9225, does not constitute the personal and as a dual citizen
sworn renunciation sought under Section 5(2) of Republic Act - reversion not retroactive – the instant he used is US
No. 9225. passport
- any act which violates the oath of renunciation opens the
citizenship issue to attach
Beneficiaries of RA 9225: Issue: Whether Muneses is entitled to resume his practice of law
- Are allowed to vote and hold public office – subject to in the Philippines? Yes, he is entitled.
certain requirements and limitations
- Disqualified: those who are candidates or are occupying Under R.A. No. 9225, natural-born citizens who have lost their
public office in the country of which they are naturalized Philippine citizenship by reason of their naturalization as citizens
- Naturalized members of armed forces from other of a foreign country are deemed to have re-acquired their
countries: not allowed to vote, be elected, or appointed Philippine citizenship upon taking the oath of allegiance to the
to any public office in PH PH.
Reason: Conflict of interest
- They do not have requisite loyalty and patriotism to our A person who intends to practice his profession in the Philippines
country must apply with the proper authority for a license or permit to
- May imperil security of our country and implicate engage in such practice.
foreign relations power of the political branches of our
government General Principles in Dealing with Conflict of Nationality Laws
See pages 193 to 194.
Reacquisition v. Retention
There are 2 groups: Citizenship under US Laws
1. Those who naturalized in a foreign country before the - U.S. law and jurisprudence make expatriation a difficult,
effectivity of Republic Act No. 9225 if not impossible, proposition
o Deemed to reacquire their Philippine - Earlier U.S. jurisprudence, however, sanctioned the loss
citizenship upon taking the oath of allegiance to of U.S. nationality by the simple performance of an
the Republic expatriating act
o They become citizens once more upon taking - Earlier view: State had the power to strip a person of his
the oath of allegiance citizenship
o Could not be considered Filipinos during the
period when they naturalized in a foreign to the CASE: Perez v Brownell
period when they took the oath of allegiance Issue: Whether Congress has the power to strip a person of his
2. Those who naturalized in a foreign country after the citizenship? Yes.
effectivity of RA 9225
o Deemed to retain their Philippine citizenship - First step, inquire the source of power on which
upon taking the same oath of allegiance Congress must be assumed to have drawn? Deriving
o Considered Filipinos from the time they their just powers from the consent of the governed, its
naturalized in a foreign country to the time they citizens.
took the oath of allegiance to the Republic - Activities involving the political or governmental affairs
o Deemed to retain their Philippine citizenships, (in this case, political election) of another country is
as if they never lost the same, provided they regulable by Congress under its power to deal with
take the oath to the Republic foreign affairs
- Repercussions that the government must deal with make
CASE: David v Agbay it reasonable for it to be in the area of regulation
Petitioner indicated in his application that he was a Filipino
citizen. Petitioner subsequently reacquired his Philippine Dissenting Opinion:
citizenship under Republic Act No. 9225 on October 11, 2007. - Citizens themselves are sovereign, and their citizenship
is not subject to the general powers of their government
Exceptions:
1. formally renounces U.S. nationality before a consular
officer;
2. serves in the armed forces of a foreign state engaged in
hostilities with the United States;
3. takes a policy level position in a foreign state
4. is convicted of treason